Loading...
HomeMy WebLinkAboutCC RESO 15,733RESOLUTION NO. 15,733 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE AGREEMENTS BETWEEN ARCHITECTS/ENGINEERS (A/E) AND THE CITY OF NATIONAL CITY FOR DESIGN PROJECTS OF $5,000.00 OR LESS BE IT RESOLVED by the City Council of the City of National City that the City Engineer is hereby authorized to execute Agreements between Architects/Engineers (A/E) and the City of National City, (a copy attached hereto as Exhibit "A"), for design projects of $5,000.00 or less. PASSED and ADOPTED this 13th day of September, 1988. G ORGE H WATERSMAYOR ATTEST: IONCAMPBELL, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY BY AND BETWEEN THE CITY OF ? TIC AL CITY AND THIS AGREEMENT is entered into this day of ► 19 , by and between the CITY OF NATIONAL CITY, a public body (the " ") , and (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish 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. EM LOYM NT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby ay ees 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 oanpensation and payment listed in Section IV. Rev. 8/15/88 EXHIBIT "A" -1- 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 CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff, Planning Canmission and City Council advised of the progress on the project. III. PROTECT 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. hereby is designated as the Project Director for the CONSULTANT. IV. COMPENSATION AND PAYMENT. The oanpensation 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 Exhibit "A" shall be paid for at the rates given in Exhibit "D" with the total cost not to exceed without prior written authorization fran the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days fran receipt of invoice, provided that work is acoanplished 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 Exhibit "C". The contract between the CONSULTANT and the CITY will be terminated upon completion of the work as set forth in Exhibit "A". Rev. 8/15/88 -2- VI. DISPOSITION OF PLANS, ESTIMATES AND OTHER MCMENTS. 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 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' arnpensation 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 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 eanpensation, 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. t IFICATION, DEFENSE, H)ID 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 COTANT'S performance of this agreement (including, but not limited to such liability, cost, damage, loss, claim, or expense arising from the death or injury to an agent or employee ofTANT, 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. %WiER' S COMPENSATION Consultant shall Damply 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 Code 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. 9/6/88 -5- }III. INSURANCE In addition to the Worker's Oampensaticn insurance and CONSULTANT'S agreement to indemnify CITY, CONSULTANT shall furnish to CITY and maintain in force until the completion of PROTECT a policy of general T i rahi i i ty insurance in which CITY is named as an additional insured. The policy shall indemnify CITY, its officers and employees, Mile 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 bodily 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 coNSTJLTANTS insurance shall be primary. CONSULTANT shall also furnish to CITY and maintain in force until the completion of PROJECT 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 oamnenoenent 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 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. 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. Rev. 916/88 -6- XVI. NOTICES. All canmuiications to either party by the other party shall be deemed made when received by such party at its respective name and address, as follows: City Engineer City of National City 1243 National City Boulevard National City, Ca 92050 Consultant Name Address IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Agreement as of the date first written above. CITY OF NATIONAL CITY CONSULTANTS NAME BY: ATPESP: BY: P u— BY: MAYOR GEX GE WAITS IONE CAMPBELL, CITY CLERK Rev. 9/6/88 -7-