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HomeMy WebLinkAboutCC RESO 15,727RESOLUTION NO. 15,727 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN ALGERT ENGINEERING, INC. AND THE CITY OF NATIONAL CITY TO PREPARE A LOT LINE ADJUSTMENT MAP FOR 1725 ORANGE STREET BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between Algert Engineering, Inc. and the City of National City to prepare a lot line adjustment map for 1725 Orange Avenue in National City, a copy of which is attached hereto as Exhibit "A". PASSED and ADOPTED this 6th day of September, 1988. . iced e c z .> GEORGE HP WATERS, MAYOR ATTEST: IO E CAMPBELL, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY AGREEMENT BY AND BEWEEN THE CITY OF NATICNAL CPT! AND Algert Engineering, Inc. THIS AGREEMENT is entered into this /- day of September, 1988, by and between the CITY OF NATIONAL CITY, a public body (the "CITY"), and Algert Engineering, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish Surveying a Lot Line Adjustment and Record of Survey for property at 1725 Orange Avenue 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" (Scope 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 canpensation and payment listed in Section IV. Rev. 8/15/88 -1- 4'f4/7 ""/" The CONSULTANT shall be responsible for all research 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 C: NSULTANT shall appear at meetings cited in E3chibit "A" to keep staff, Planning Commission and City Council advised of the progress on the project. III. PROTECT COORDIImTION 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. Mr. Jim Algert hereby is designated as the Project Director for the CONSULTANT. IV. COMPENSATION AND PAYMENT. The canpensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Ehchibit "A" shall be paid for at the rates given in F chibit "D" with the total cost not to exceed $3,500.00 without prior written authorization from the City Engineer. 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 EXhibit "A" (Scope of Work) as determined by the CITY. V. LENGTH OF CONTRACT. Completion dates or time durations for specific portions of the project are set forth in ESchibit "C". The contract between the CONSULTANT and the CITY will be terminated upon completion of the work as set forth in Eschibit "A". 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 completion of the PROTECT. 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 CTI'Y 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 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 CONSULTANT 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 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 amply 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, mom HARMLESS. CONSULTANT hereby agrees to defend, indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with CONSULTANT'S performance of this agreement (including, but not limited to such liability, cost, damage, arising from the death or injury to an agent or subcontractor, subcontractor, subcontractor, loss, claim, or expense employee of CONSULTANT, or of CITY; or damage to the property of or of CITY, or of any agent or employee of CONSULTANT, CONSULTANT, 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 co notion with the general supervision or direction of the work to be performed hereunder. XII. OTHER CONSIDERATION. Nothing contained herein 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. }III. 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. NOTICES. All eatmmmications to either party by the other party shall be deemed made when received by such party at its respective name and address, as follows: Rev. 8/15/88 -5- EXH 2 B 2 T "SCOPE OF WORK" 1. Prepare a boundary adjustment plat. 2. Prepare a certificate of compliance. 3. Prepare two deeds from the City to Bryan Whelchel. 4. Prepare one deed from Brian Whelchel to the City. 5. Prepare a Record of Survey of Parcels 1 and 2. EXH 2 B I T 8 "Work to be Done by Others" 1. The City will provide copy of Title Report of Whelchel property. 2. The City will provide available information about horizontal controls in this area of the City. EXHIBIT C "COMPLETION DATES" Item I of Exhibit "A" will be completed one week from receipt of executed agreement. Item 2, 3 and 4 of Exhibit A will be completed two weeks from receipt of executed agreement. Item 5 of Exhibit A will be completed six weeks from receipt of executed agreement. EXHIBIT D "COMPENSATION AND PAYMENT" All of the work stated in Exhibit A will be fee of $3,500.00, plus prints. Payment to be made once a month as billings work done. done for a fixed are received for City Engineer City of National City 1243 National City Boulevard National City, Ca 92050 1.LL:WU WiLTINLEMiNU, 1NL. Consultant Name 428 BROADWAY, CHULA VISTA, CA 92010 Address IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Agreement as of the date first written above. CITY Cr NATIONAL CITY MAYOR GEORGE WATERS IONE CAMPBEL L, CrrY CLERK Rev. 8/15/88 -6- ALGERT ENGINEERING, INC. BY: ()Fr t