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HomeMy WebLinkAboutCC RESO 15,722RESOLUTION NO. 15,722 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND EL DORADO ENGINEERS, INC. FOR CONSTRUCTION SURVEYING SERVICES FOR C.I.P. PROJECTS BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between El Dorado Engineers, Inc. and the City of National City for construction surveying services for C.I.P. projects in National City, a copy of which is attached hereto as Exhibit "A". PASSED and ADOPTED this 6th day of September, 1988. 116.J2-A-4- v ,, (.A1;25�� GEORGE HQ WATERS, MAYOR ATTEST: ION" CAMPBELL, C eY CLERK APPROVED AS TO FORM: GEOi2GE H. EISER, III CITY ATTORNEY PCRE PERT BY AM BETWEEN THE CITY OF NATI:NAL CET! AND EL DCRADO ENIINEERIEG, RC. 4/2' 4r. THIS AGREEMENT is entered into this September ;Di;98$,t2by -,/.,. between the CITY OF NATIONAL CITY, a public body (the "CTTY"), an,,`EL D0RADO ENGINEERS, INC. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish Construction Surveying Services and WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: I. EMPLOYMENT 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. THE CONSULTANT will perform services as set forth in the attached Exhibit "A" (Scc4 a of Work). 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. 8/15/88 -1- The CONSULTANT shall be responsible for all rczcarch and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff, Planning Catmission and City Council advised of the progress on the project. III. PROJECT COORDINATION AND SUPERVISION. The City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the pru9Less 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. Mr. Jerry C. Stafford hereby is designated as the Project Director for the CONSULTANT. IV. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be has3 on monthly billings covering actual work perfoLined. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall be paid for at the rates given in Exhibit "C". Monthly invoices will be processed for payment and remitted within thirty (30) days fran receipt of invoice, provided that work is accomplished consistent with the Exhibit "A" (Scope of Work) as determined by the CITY. A separate invoice is required for each project. V. LENGTH OF CONTRACT. This agreement and terms thereof are to be in effect for until June 30, 1989, unless a time extension is agreed upon by both parties. Rev. 8/15/88 -2- VI. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS. CONSULTANT agrees that all original drawings, reports, field and office notes, calculations, maps and other documents, shall be turned over to the CITY prior to the oanpletion of the PROJECT. VII. INDEPENDENT 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 parties 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 fram 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 CONSULTANT or any of the CONSULTANT'S employee's except as herein set forth, and the CONSULTANT expressly agrPPs 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 CONSULTANTS and that the CONSULTANT'S obligations to CITY are solely such as are prescribed by this Agreement. Rev. 8/15/88 -3- IX. COMPLIANCE WITH 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 pay or other forms of compensation, and selection for training, including 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. Rev. 8/15/88 -4- XI. INDEMNIFICATION, DEFENSE, 3)LD HARMLESS. CONSULTANT hereby agrees to defend, indemnify and hold harmless CITY, its officers, agents and employees, fran and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly fran or connected with CONSULTANT'S performance of this agreement (including, but not limited to such liability, cost, damage, loss, claim, or expense arising fran the death or injury to an agent or employee of CONSULTANT, subcontractor, or of CITY; or damage to the property of CONSULTANT, subcontractor, or of CITY, or of any agent or employee of CONSULTANT, subcontractor, or of CITY), except where such liability, damages, costs, losses, claims or expense are caused solely 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. XII. OTHER CONSIDERATION. Nothing contained herein shall prevent C NEULTANT from carrying on its usual business, including the performance of other adOi tional 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. XIII. 'CONTENT. 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. XIV. NOTICRS. All communications to either party by the other party shall be deemed made when received by such party at its respective name and address, as follows: ev. 8/15/88 City Engineer City of National City 1243 National City Boulevard National City, Ca 92050 El Dorado Engineer's, Inc. 3130 Bonita Road, Suite 108 Chula Vista, Ca 92010-3263 IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Agreement as of the date first written above. CITY OF NATIONAL CITY EL DORADO ENGINEERS, INC. BY: + [.J MAYOR GEORGE WATERS ATTEST: / 'pm CAMPBELL, CITY CLERK APPROVED AS TO FOR George H. Eiser, City Attorm y Rev. 8/15/88 -6- 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. Fee 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's construction engineer. This notice will cover all the necessary office work required to be performed prior to field work. 4. Surveying work will be 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. 6. Provide proof to the City insurance coverage. a. b. c. General Liability Worker's Compensation Errors and Omissions that the company has the following minimum $3000,000.00 - State Requirements $100,000.00 EXHIBIT B "WORK TO BE DONE BY OTHERS" 1. The City will provide copies of project plans and sp dfications as required. 3. The City will provide available information about horizontal and vertical control points in the City. EXHIBIT C "FEE SCHEDULE" 1. Fee for two -man crew is $125.00 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 major staking control, such calculations will be billed at the $60.00 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 2 hours. 5. The Consultant will attend preconstruction conferences and subsequent job site meetings related to the project at no extra charge.