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HomeMy WebLinkAboutCC RESO 16,036RESOLUTION NO. 16,036 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY AND THE ALGERT ENGINEERING, INC. BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to enter into an Agreement between the City and the Algert Engineering, Inc. to provide Engineering Surveying services to the City. A copy of said Agreement is attached hereto as Exhibit "A". PASSED and ADOPTED this 25th day of July, 1989. GEORGE H( WATERS. MAYOR ATTEST: LORI ANNE PEOPLES, ITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ALGERT ENGINEERING, INC. THIS AGRUMENT is entered into this 25th day of July, 1989, by and between the CITY OF NATIOT. AL CITY, a public body (the "CITY") , and ALGERT ENGINEERING, INC. (the "WUSULTAi'.T") . RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish ENMNEERING SURVEYING SERVICES and WEIREAS, the CITY has deter:lined, that the CONSULTANT is qualified by e: yrrience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NO:?, THEREFORE, THE PARTIES HERETO DO I L I JALLY AG_' .: •. AS rut, ''S : I. Eiu'1O Ii1T OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth, in accordance with all terms and conditions contained herein. The CONSULTANT represents that all professional services required hereunder will be performed directly by the CONSULTANT, or under direct supervision of the CONSULTANT. II. SCOPE OF SERVICES. TEE CONSULTANT will perform services as set forth in the attached Exhibit "A" (Scope of Work) and Exhibit "B" (Procedures for providing surveying services,) Work to be done by others is set forth in the attached Exhibit "B". Consultant services requiring court appearances are not considered a part of the normal work subject to compensation and payment listed in Section IV. Rev. 6/26/89 eso / (c, D3f( -1- The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on pPrsonnel of the CITY for such services, except as authorized in advance by CITY. The CONSULTANT shall appear at meetings cited in Ethibit "A" to keep staff, Planning Cacr:issian and City Council advised of the progress on the project. III. PRQ I' COORDINATION AND SUPERVISION. The City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director, to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Jim Algert hereby is designated as the Coordinator for the CONSULTANT. IV. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly Billings shall include labor worked and also materials, if billings covering actual work performed. classifications, respective rates, hours any. The total cost for all work described in Exhibit 'A" shall be paid for at the rates given in Exhibit "D'. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the Ekhibit "A" (Scope of Work) as determined by the CITY. V. LENGTH OF CONTRACT. This agreement and terms thereof are to be in effect for until Jame 30, 1990, unless a time extension is agreed upon by both parties. Rev. 6/26/89 -2- VI. DISPOSITION OF PLANS, E$'ri:''IATES AND OTHER D EUMENTS. CONSULTANT agrees that all original drawings, reports, field and office notes, calculations, maps and other documents, shall be turned over to the CITY after completion of each survey work. VII. INDE Pa DEfTP CONSULTANT: Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. CONSULTANT is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of. CITY employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of CONSULTANT and CONSULTANT'S employees, and it is recognized by the jrties that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by CONSULTANT without the prior written consent of the CITY ENGINEER. Nothing herein contained is intended to prevent CONSULTANT from employing or hiring as many employees as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. VIII. CONTROL Neither CITY nor officers, agents or employees shall have any control over the conduct of the C ONSULTA?T or any of the CONSULTANT'S employee's except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to CITY wholly independent CCNSULTArTPS and that the CONSULTANT'S obligations to CITY are solely such as are prescribed by this Agreement. Rev. 6/26/89 IX. COMPLIANCE k'±`i'H APPLICABLE LAW: CONSULTANT, in the performance of the services to be provided herein, shall comply with all statutes, State or Federal, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. X. STANDARD PROVISIONS. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to insure that applicants are employed without regard. to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of ay or other forms of compensation, and selection for training, includin apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. The CITY may terminate this Agreement at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. The CONSULTANT may terminate this Agreement, with the mutual consent of the CITY, at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT shall be paid for all effort and material expended on behalf of the CITY under the terms of this Agreement, up to the effective date of termination. In the event of litigation over the performance of this Agreement, the prevailing party shall be entitled to attorney's fees and costs incurred during the course of litigation. Bev. 6/26/89 -4- XI. INDOINnICATION, DEFENSE, HOLD iIARJ?,FSS. CONSULTANT hereby agrees to indemnify and hold harmless CITY, its officers, and employees, from and against liability, damages, costs, losses, claims and expenses, resulting directly from CONSULTANT'S negligent performance of this agreement (inclu(Ring, but not limited to such liability, cost, damage, loss, claim, or expense arising from the death or injury to an agent or employee of CONSULTANT, subcontractor, or of CITi; or damage to the property of CONS'ZTANT, subcontractor, or of CITY, or of any agent or employee of CONSULT :l', si contractor, or of CITY) , except where such liability, damages, costs, losses, claims or expense are caused by the negligent or wrongful acts of CITY or any of its agents or employees including negligent omission or commissions of CITY, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. {II. WITTE:'S Ca•IPENSATION Consultant shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government ('Me and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this agreement. Rev. 6/26/89 -5- XIII. INSURANCE In addition to the Worker's Compensation insurance and CONSULTANT'S agreement to indemnify CITY, CONSULTANT shall furnish to CITY and maintain in force until the completion of PROJECT a policy of general liability insurance in which CITY is named as an alVitional insured. The policy shall indemnify CITY, its officers and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with PROJECT. The policy shall provide coverage in not less than the following amounts: Combined single limit h-roily injury and/or property damage of $300,000 per occurrence. Such insurance coverage which may be applicable to the loss shall be deemed excess coverage and CONSULTANTS insurance shall be primary. CO.SULTA T shall also furnish to CITY and maintain in force until the completion of this Contract a policy of Errors and Omissions Insurance for $100,000. A certificate of all such insurance policies required by this agreement shall be delivered to the Engineering Department prior to the commencement of any work. No such insurance shall be cancelled or modified without thirty (30) days' prior written notice to CITY. XIV. OTHER CONSIDERATION. Nothing contained herein ein shall prevent CONSULTANT from carrying on its usual business, including the performance of other additional services for the CITY, should the CITY desire additional services, nor from performing similar services for other agencies, cities, districts or public or private entities. XV. COMENT. This Agreement sets forth the entire understanding of the parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. Rev. 6/26/89 -6- XVI. 1 7rICES. All communications to either party by the other party shall be deened made when received by such party at its respective name and atiri*ess, as follows: N City Engineer Aksa 4, n .r'7 {} )G,, I ►14 C.. City of National City Consultant Name 1243 National City Boulevard .4l 5 L30.(4s7LL;Ac1 National City, Ca 92050 Address 9zGlo. IN t?I ESE WhTREOF, the CITY and CONSULTANT have executed this Agreement as of the date first written above. CITY OF NATIONAL CITY BY: George Waters, Mayor ATTEST: t'm f BY: t;v& ��e! - Ey Lori Peoples, City Clerk Rev. 6/26/89 -7- CC NSULTA* TS NAME BY: A)-1 L(• AL C. c? -f EXHIBIT A "SCOPE OF WORK" 1. Services will consist of providing engineering and construction surveying during design and construction phases of the City's Capital Improvements Projects. Fes will include all necessary resources including labor, equipment, material, and transportation required to provide these services. 2. Projects may vary in scope and magnitude from $5,000.00 to $1,000,000.00 construction costs. 3. Request for services will be made with a minimum notice of (24) twenty four hours by the City. This notice will cover all the necessary office work required to be pPrformeed prior to field work. 4. Surveying work will he accomplished according to the Standard drawings and Specifications (San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, etc.) governing a particular project. 5. Adequate number of crews will be provided to deliver the service efficiently and in timely fashion. Form w-a/ (October 1983) Department of the Treasury 'menial Revenue Service Name as shown on account (if joint account, also give joint owner's name) 171.6ft7- /iVE5,6/.0& ,JNL . Payer's Request for Taxpayer Identification Number Address 6 City. State. and ZIP code is y� O/}DLL t/ C is Cilc7—R c t9- g d-o! u list account number(s) here (See Instructions) ► f PART I. —Taxpayer Identification Number Enter the taxpayer identification cumber in the appropriate box. For most individual taxpayers, this is the social security number. Note: If the account is in more ttianone name, see the chart on page 2 for guidelines on which number to give the payer. Social security number OR Employer identification number `1.5" 3 3 t PART IL —Backup Withholding On Accounts Opened After 12/31/83 Check the box if you are NOT subject to backup withholding under the provisions of section 3406(a)(1XC) of the Internal Revenue Code ► (See Highlight below.) Certification. —Under the pees of perjury, I certify that the information provided on this form is true, correct, and complete. Signature 1.2_1 " ./P c z0z) Instructions (Section refereosare to the Internal Revei1tdCode.) Highlight for Interest or Distend Accounts Opened After 12/31/83—Backup Withbling You may be notified that you are stiletto backup withholding under section 3406(a)(1)(C) because you're underreported interest or dividends or you were required to belled ed to file a return which would have included a reportable interesterdeidend payment. If you have NOT been so notified, check the tote in t#ll. Note: Backup withholding may apply to existing accounts as well asa®untsopened after December 31, 1983. Caution: There are other situatiorseiere you may be subject to backup withholding. Please read the entrusts below carefully. Purpose of Form Use this form to report the taxpayer/ratification number (TIN) of the record owner of the account to the ' (or broker). Beginning January 1.1984. Payuseat generally withhold 20% of taxable interest. dividend, and ceriar aher payments if you fail to furnish payers with the correct taxpayer idolisation number (this is referred to as backup withholding). For most indenter taxpayers, the taxpayer identification number is the socialionty number. To prevent backup withholgeasepayments,besuretonotify payers of the correct taxpayeridenbliaeon number and, for accounts you open after December 31. 1983. paarpcertify that you are not subject to backup withholding under section31/1aX 1XC). You may use this form to eertifyLillte taxpayer identification number you are giving the payer is coneCt accounts opened after December 31. 1983. that you arenieject to backup withholding. If the payer provides a differentttaithan Form W9 to request the taxpayer identification number. pinwale it. Backup Withholding You are subject to backup withhold* (1) You fail to furnish your taxpryeetbritification number to the payer, OR (2) The Internal Revenue Semitones the payer that you furnished an incorrect taxpayer identification rotrcOR (3) You 3406(aX1XC)),uare o y ledat � to backup w:9thotding under se (4) For an interest or divideitdattsalperted after December 31, 1983. you fail to certify tofae pordispIou are not subject to backup withholding under (3) abuse, or faiftgity your taxpayer identification number. For payments otherthaaioferestelAltnds, you are subject to backup withholding only if (1) or Marinoapat-' (See the section on the backtiEtbTietExempt from Backup Withholding.") icy r Payments of InterOt, DiSridends, and Patronage Dividends Accounts Opened Before January 1,1984 To certify that the taxpayer identification number is correct for accounts opened before January 1, 1984, fill out your name and address, enter your account number(s) (if applicable), complete Part I, sign and date the form and return it to the payer. Accounts Opened After December 31, 1983 To certify that the taxpayer identification number is correct and that you are not subject to backup withholding under section 3406(aX1XC) for accounts opened after December 31, 1983, fill out your name and address, enter your account number(s) (if applicable), complete Parts I and II, sign and date the form and return it to the payer. If you are subject to backup withholding and are merely providing your correct taxpayer identification number to the payer, fill out your name, address, enter your account number(s) (if applicable), and complete Part I. Other Payments If you are merely providing your correct taxpayer identification number to the payer for payments other than interest, dividends, and patronage dividends, you need not sign this form. Fill out your name and address. enter your account number(s) (if applicable), complete Part I and return the form to the payer. Account Numbers If you have more than one account with the same payer (for example, a savings account and a certificate of deposit at the same bank), the payer may request a separate Form W9 for each account depending on how the payer's records are kept. What Number to Give the Payer Give the payer the social security number or employer identification number of the record owner of the account. If the account belongs to you as an individual, give your social security number. If the account is in more than one name or is not in the name of the actual owner, see the chart on page 2 for guidelines on which number to report. Obtaining a Number If you don't have a taxpayer identification number or you don't know your number, obtain Form SS•5, Application fora Social Security Number Card, or Form SS.4, Application for Employer Identification Number, at the local office of the Social Security Administration or the Internal Revenue Service and apply for a number. Write 'applied for' in Part I in place of your number. When you get a number, submit a new Form W9 to the payer. Date ► 'Give this form to the payer, ROtthe internal Revenue Service) Form W9 (1083) City of National City Office of the City Engineer 1243 National City Boulevard, National City, California 92050-4397 (619) 336-4380 1989 EXHIBIT "B" SUBJECT: PROCEDURES FOR PROVIDING SURVEYI0G SERVICES The following are the procedures for requesting surveying services during design and construction phases of public improvement projects: 1. Any request for surveying services shall be made through the City Engineer or the Principal Civil Engineer during design phase, or through the Resident Engineer or Construction Inspector during construction phase of a project. 2. The request shall include: a. Site location. b. Specifications number. c. Project title. d. Limit and detail of surveying. e. Request number and date. f. Purpose of the surveying. g. Dates when the site will be ready for surveying and when the surveying data will be used (see the attached form). h. Priority of each requested item. ?. The request shall be made at least 48 hours prior to beginning of work. 4. If possible the request shall be faxed to the surveyor, and should be followed up by a telephone call. 5. The surveying firm shall return the request form along with estimated manhours required to perform the requested work, and the beginning and completion time and date. July 14, 1989 Page two 6. The City shall be informed about any changes in the time and date of survey, at least two hours prior to the anticipated beginning of the surveying. 7. Upon completion of the survey, all the surveying data, cut sheets, and calculations along with the request and invoice shall be submitted to the Engineering Department. 8. The invoice shall be in detail showing time and date of work performed, manhours, project title, specifications number, and request number an6 date. P:\pass\cb\survey.rq BID OPENING DATE: ENGINEER'S ESTIMATE TO ►roiesl Nemo TIME: SPECS. No. RECORD OF BID DOCUMENTS Prolix:t Plane Engineer • ski• An* rogdPoe toti foe ®dtpodt0 Aunt mto be awned? DATE ISSUED FIRM NAME & ADDRESS OF RECIPIENT Mod *Moo of Finn • Strom Addrowl NAME OF INDIVIDUAL RECIPIENT TELEPHONE NO. OF FIRM (lndud. Ares Coda, I. - , Signature . M�1o�wnrr DOCUMENTS i ADDENDA ISSUED SETS " SET NUMBERS 1 2 3 4 5 S 7 B B 10 � I I i - . 1TII w:rv.FI Perm S it EXHIBIT C NOW W `10 BE DONE BY °PEERS" 1. The City will provide copies of project plans and specifications as required. 2. The City will provide available information about horizontal and vertical control points in the City. EXHIBIT D "FEE SCHEDULE" 1. Fee for two -man crew is $120.00 per hour based on time at the construction site and includes incidental reports and minor calculations directly related to the project. 2. Where projects require najor staking control, such calculations wi11 be billed at the $65.000 office engineering rate. 3. Due to the proximity of project sites there will be no travel or mileage charges. 4. Minimum charge for crew time is 3 hours. 5. The Consultant will attend preconstruction conferences and subsequent job site meetings related to the project at no extra charge.