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HomeMy WebLinkAboutCC RESO 13,846RESOLUTION NO. 13,846 RESOLUTION AUTHORIZING EXECUTION OF A & E CONSULTANT CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND NESTE, BRUDIN & STONE, FOR PREPARATION OF PLANS AND SPECIFICATIONS AND COST ESTIMATE FOR PLAZA BOULEVARD WIDENING BE IT RESOLVED by the City Council of the City of National City that the Mayor is authorized to execute that certain A & E Consultant Contract between the City of National City and Neste, Brudin & Stone for preparation of plans and specifications and cost estimate for Plaza Boulevard widening. PASSED AND ADOPTED, this 6th day of July, 1982. ATTEST: JOB WORK ORDER ENESTE, BRUDIN &STONE INCORPORATED /'O'ft [D e44 CLIENT NAME & ADDRESS: City of National City OFFICE INFORMATION: jobNo. E82006-001 Owner job Title PLAZA BOULEVARD IMPROVEMENT Address 1243 National City Boulevar• National City, CA 92050 bate Reed Est Start_ Phone No. 474-8528 _-_ Est Comp! DESCRIPTION OF WORK: Prepare, file and process public improvement plans, specifications and cost estimates for Plaza Boulevard as described in ' attached letter and estimate of engineering requirements, dated June 18, 1982. BASIS OF CHARGES AND BILLING INFORMATION: Payments shall be made monthly as a percentage of the work completed, lump sum cost: $10,200 ("Not-to-exceed"without prior authorization).. NOTES: Exclusions and extra work provisions per above letter attached. The standard provisions set forth upon the attached Exhibit "A" are herein incorporated and made part of this -Work Order. . Authorization is hereby given to proceed with the work described and in conformance with the notes contained herein. CLIENT: CITY NATIONAL CITY ' NESTE, BRUDIN & STONE INCORPORATED By. By. WILLIAM KOPTIONAK Date: Title: Regional -Vice -President Title. Date: ' EXHIBIT "A" STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND CONSULTANT The client and consultant agree that the following provisions shall be a part of their agreement: 1. The client binds himself, his partners, successors, executors, administrators, and assigns to the consultant to this agreement in respect to all of the terms and conditions of this agreement. 2. In event that the plans, specifications, and/or field work covered by this contract are those required by various governmental agencies and in the event that due to change of policy of said agencies after the date of this agreement, additional office or field work is required, the said additional work shall be paid for by client as extra work. 3. In the event that any staking is destroyed by an act of God or parties other than consultant, the cost of restaking shall be paid for by client as extra work. 4. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, such percentage increase shall be applied to all remaining compensation. 5. The client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, blueprints and reproductions, and all other charges not specifically covered by the terms of this agreement. 6. All tracings, survey notes, and other original documents as instruments of service shall become the property of the client. 7. Should litigation be necessary to enforce any term or provision of this agreement, or to collect any portion of the amount payable under this agreement, then all litigation and collection expenses, witness fees and court costs, and attorney's fees shall be paid to the prevailing party. 8. Fees and all other charges will be billed monthly as the work progresses, and the net amount shall be due at the time of billing. 9. In the event of any litigation, client agrees to pay to consultant interest on all past due balances. 10. In the event all or any portion of the work prepared or partially prepared by the consultant be suspended, abandoned, or terminated, the client shall pay the consultant for the work performed on a prorata basis, not to exceed any maximum contract amount specified herein. 11. In the event that either party institutes a suit against consultant because of any failure or alleged failure to perform, error, omission, or negligence, and if such suit is not successfully prosecuted, or if it is dismissed, or if verdict is rendered for either party, the other party agrees to pay any and all costs of defense, including attorney's fees, expert witnesses' fees, and court costs and any and all other expenses of defense which may be needful, immediately following dismissal of the case or immediately upon judgment being rendered in behalf of consultant. 12. Neither the client nor consultant shall assign his interest in this agreement without the written consent of the other. 13. The consultant makes no representation concerning the cost figures made in connection with maps, plans, specifications, or drawings other than that all cost figures are estimates only and the consultant shall not be responsible for fluctuations in cost factors. 14. In the event of litigation on this agreement, the interpretation thereof, and all disputes or controversies arising hereunder shall be governed by the laws of the State of California. 15. No conditions or representations, altering, detracting from, nor adding to the terms hereof shall be valid unless printed or written hereon or evidenced in writing by either party to this agreement and accepted in writing by the other. 16. All agreements on consultant's part are contingent upon, and consultant shall not be responsible for damages or be in default or be deemed to be in default by reason of, delays in performance by reason of strikes, lockouts, accidents, acts of God and other delays unavoidable or beyond consultant's reasonable control, or due to shortages or unavailability of labor at established area wage rate or delays caused by failure of client or client's agents to furnish information or to approve or disapprove consultant's work promptly, or due to late or slow, or faulty performance by client, other contractors, or governmental agencies, the performance of whose work is precedent to or concurrent with the performance of consultant's work. In the case of the happening of any such cause of delay, the time of completion shall be extended accordingly. Page 1 of 2 17. In the event that litigation be instituted under the terms and conditions of this agreement, the same is to be brought and tried in judicial jurisdiction of San Diego County. 18. Consultant does not guarantee the completion or quality of performance of contract or the completion or quality of performance of contracts by the construction contractor or contractors, or other third parties, nor is he responsible for their acts or omissions. 19. Consultant makes no warrant, either express or implied, as to his findings, recommendations, specifications, or professional advice except that these were promulgated after being prepared in accordance with generally accepted engineering and/or surveying practices and under the direction of registered professional engineers and/or licensed land surveyors. 20. Client agrees to cooperate in any and every way or manner with consultant on project. 21. Consultant makes no representations concerning soil conditions unless specifically included in writing in this agreement, and he is not responsible for any liability that may arise out of the making or failure to make soil surveys, or sub -surface soil tests, or general soil testing. 22. Consultant makes no representations concerning estimates of areas. Estimates of areas are estimates only and are not intended as accurate unless such area is certified. Certified areas will only be given when requested in writing and at an additional charge to client. 23. In the event that any changes are made in the plans and specifications by the client or persons other than the consultant, which affects the consultant's work, any and all liability arising out of such changes is waived as against the consultant and the client assumes full responsibility for such changes unless client has given consultant prior notice and has received from consultant written consent for such changes. 24. The consultant is not responsible, and liability is waived by client as against consultant, for use by client or any other person of any plans or drawings not signed by consultant. 25. In consideration of the consultant's fee for services, the client agrees that the consultant will perform no on -site construction review for this project; that such services will be provided by others; and that the client shall defend, indemnify and hold the consultant harmless from any and all liability, real or alleged, that might be occasioned by others performing construction review for this project. 26. The client agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours; and the client further agrees to defend, indemnify and hold the consultant harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of the consultant. 27. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments and documents which may be necessary and proper to carry out the terms of this agreement. 28. The terms and provisions of this agreement shall not be construed to alter, waive, or affect any lien or stop notice rights, which the consultant may have for the performance of services under this agreement. 29. One or more waivers of any term, condition or covenant by the consultant shall not be construed by the client as a waiver of a subsequent breach of the same or any other term, condition or covenant. 30. In the event any provision of this agreement shall be held to be invalid and unenforceable, the other provisions of this agreement shall be valid and binding on the parties hereto. 31. Services provided within this agreement are for the exclusive use of the client. 32. There are no understandings or agreements except as herein expressly stated, or as otherwise reflected. 33. The client may assign the benefits and obligations of this agreement with written consent of the consultant which shall not be unreasonably withheld. Page 2 of 2