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HomeMy WebLinkAboutCC RESO 13,332RESOLUTION NO. 13,332 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SALERNO/LIVINGSTON AND PARTNERS FOR INSPECTION CONSULTANT SERVICES. BE IT RESOLVED by th.e City Council of the City of National City that the City Manager is hereby authorized and directed to execute, that certain Contract for Professional and Technical Services for inspection consultant services. PASSED AND ADOPTED this 13th day of May, 1980. ATTEST: CONTRACT FOR PROFESSIONAL AND TECHNICAL SERVICES THIS AGREEMENT, entered into this 7th day of May, 1980 by and between the City of National City, California, hereinafter referred to as the "City" and Salerno/Livingston & Partners, 633 State Street, San Diego, California 92101, hereinafter referred to as Inspection Consultant WITNESSETH THAT. WHEREAS the City is responsible for the inspection of all construction activities with regard to applicable building codes and ordinances such as Uniform Building, Mechanical, Electrical, Plumbing Codes, etc. for the Plaza Bonita Regional Shopping Center, located at the Southeast quadrant of 1-805 and Sweetwater Road in National City, and WHEREAS, the City desires to engage the Inspection Consultant to render certain technical services for said project. NOW, THEREFORE, the parties hereto do mutually agree as follows: SECTION I. SCOPE OF SERVICES The proposed services to include but are not limited to: plan review, (exclusive of plan checking), field inspection, report writing, and related functions as necessary to insure compliance with applicable codes and ordinances, serve as the City's representative qualified by training in all disciplines of foundations, structural components, mechanical installations, fire and life safety, electrical, plumbing and related work mandated by law. BASIC SERVICES. - INSPECTIONS The consultant's basic services shall consist of: a. Acting as the representative of the City as an inspection consultant during the Construction Phase of Plaza Bonita. b. Consulting weekly, or as needed, with the Director of Building and Housing or his designee. c. Authorization to act on behalf of the City to the extent the City's Building Inspection code enforcement authority would extend; however in conflicts or where interpretation is required, ultimate decisions shall be made by the City of National City's Building & Housing Department. d. Preparation of reports, public presentations as necessary to keep the City fully informed as to progress regarding the project. e. Maintenance of all files and records for the project to the satisfaction of the City. f. Inspection of the construction site in order to insure compliance with all applicable sections of the following codes: Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electrical Code All as adopted by the City of National City during the performance of this agreement. SECTION II. RESPONSIBILITIES AND ADMINISTRATION a. The City shall supply the Inspection Consultant with approved, permitted contract documents and any other necessary information involving the scope of construction. b. The cost of all printing or blue printing for the project shall be borne by the City and is not included as a cost of professional services. The City will provide the Inspection Consultant withthe necessary copies of construction contract documents. c. The City will provide an on -site office with telephone facilities for use by the consultant inspector during the term of this agreement. d. The Inspection Consultant shall appoint a project inspector for the performance of this agreement. Said project inspector shall be qualified by reason of experience, education and training and shall be subject to the approval of the City. e The Inspection Consultant will obtain City approval of all consultants used on this project. Any outside expert consultant services must be authorized in writing by the Department of Building & Housing prior to work. f. Project construction will proceed in phases and the Inspection Consultant services will be deemed complete for each individual phase as determined by the Department of Building & Housing. The City will issue a notice to proceed on each and every phase of the work to be performed. SECTION III. TERM a. The City or the Inspection Consultant may terminate this Agreement at any time, by giving not less than ten days prior written notice to the other party. In the event of termination, the Inspection Consultant shall be entitled to payment of his fees for services rendered through the effective date of termination and to reimbursement of expenditures made by him for the project through the effective date of termination. b. In the event the work is abandoned or suspended, the Inspection Consultant shall be paid to the date of the suspension of the work, for his actual work performed. c. The time for completion for all work pursuant to this a reement is estimated to be two years from the date of execution, SECTION IV. OWNERSHIP OF DOCUMENTS a. All sketches, tracings, drawings, computations, notes, logs and other original documents developed during the performance of the agreement shall become the property of the City. Said materials shall be delivered to the City upon demand and/or completion of each phase of work. b. A copy of said materials will be returned to the consultant upon completion of the microfilming process by the City. SECTION V. ASSIGNABILITY a. The parties to this contract shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior. written approval of the other party; provided, however, that claims for money due or to become due the Inspection Consultant from the City under this contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. SECTION VI. COMPENSATION AND METHOD OF PAYMENT a. The Inspection Consultant shall submit invoices to the City for services rendered pursuant to this Agreement on a monthly basis. b. The City agrees to compensate the Inspection Consultant for services rendered pursuant to Section I of this Agreement as follows: (1) The Inspection consultant shall submit a monthly invoice describing services rendered pursuant to the Agreement. Fees for said monthly invoices shall be based on the Schedule of Fees as 'identified' in exhibit A herein. Upon approval by the City of the invoice prompt payment shall be made. c. Maximum compensation for all work performed pursuant to this Agreement shall be $137,240.00. d. Reimbursable expenses such as printing or blue printing shall be itemized separately on the invoice. Records of reimbursable expenses and expenses pertaining to additional services on the project and for services performed on an hourly basis shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. SECTION VII. ADDITIONAL PROVISIONS a. Prior to the commencement of work hereunder the Inspection Consultant shall deliver to the City Attorney, for his review and approval, appropriate Certificates of Insurance evidencing that Inspection Consultant is insured against claims for property damages and bodily injury in an amount not less than $1,000,000.00 combined single limits, and general liability in an amount not less than $1,000,000.00 combined single limits. Said Certificate of Insurance shall provide for the giving of ten (10) days written notice of termination or of cancellation to the City Attorney of the City of National City. Said Certificate shall name the City of National City as an additional insured. The Inspection Consultant shall also deliver the Certificate of Insurance evidencing that Inspection Consultant and his employees are covered by a currect policy of Workers' Compensation Insurance. The same provision for Notice of Cancellation as above described shall be provided. b. The Inspection Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Inspection Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The Inspection Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. The Inspection Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Inspection Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. c. The inspection Consultant and any agents and employees of the Inspection Consultant, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees of the City. d. The Inspection Consultant shall comply with all applicable laws, ordinances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. e. Subcontracting None of the services covered by this contract shall be subcontracted without the prior written consent of the City. IN WITNESS WHEREOF, the City and the Inspection Consultant have executed this Agreement as of the date first above written. Salerno JM)iin stop s; Partners By: CITY OF NATIONAL CITY . McCahe, ity Manager Approved as to Legal Form: ,_)4-a6)& �2tG Arther'R. MontandOin, Assistant City Attorney EXHIBIT "A" SCHEDULE OF HOURLY RATES EFFECTIVE MAY 1980 CLASSIFICATION HOURLY RATE Principals $45 Engineers & Architects $32 Report Preparation $15 Above fees will be in effect thru May 31, 1981. On June 1, 1981 and annually thereafter, if necessary, these hourly rates will be subject to increase due to cost increases and inflationary trends as agreed upon by the City.