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HomeMy WebLinkAboutCC RESO 16,151RESOLUTION NO. 16,151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARRIS AND ASSOCIATES FOR PROVIDING ENGINEERING SERVICES FOR THE 14TH STREET SEWER PUMP STATION REHABILITATION AND SANITARY SEWER PIPELINE REPLACEMENT BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an agreement with Harris and Associates for providing engineering services for the 14th Street sewer pump station rehabilitation and sanitary sewer pipeline replacement, a copy of which is on file in the Office of the City Clerk. PASSED and ADOPTED this 9th day of January, 1990. George H. Waters, Mayor ATTEST: l rA: et AAA .P . t_k.C.0J Lor Anne Peoples, Ci y Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEt4E1Vr BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS AND ASSOCIATES THIS AGREEMENT is entered into this q'i day of �J�►f 1.t A l2 y 19 40, by and between the CITY OF NATIONAL CITY, a public body (the "CITY"), and HARRIS & ASSOCIATES (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish design services for Replacement of the 14th Street Sewer Pump Station and Sanitary Sewer Pipeline 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 PARTTFS 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 compensation and payment listed in Section IV. r?i'(IS/ Rev. 11/14/89 -1- The CONSULTANT shall be responsible for all rPRarch 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 Commission 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. Edgar E. Edwards hereby is designated as the Project Director for the CONSULTANT. IV. COMPENSATION AND PAYMENT. The compensation 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 $19,500 without prior written authorization fran 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 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. 11/14/89 -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 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 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. 11/14/89 -3- IX. CONIPLLANCE 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 IPagt 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. 11/14/89 -4- XI. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONSULTANT hereby agrees to indemnify and hold harmless CITY, its officers, and employees, from and against liability, damages, costs, losses, claims and expenses, resulting directly from CONSULTANT'S negligent 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 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 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. WORKER'S COMPENSATION Consultant shall comply 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 C'cAP and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY fran 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. 11/14/89 -5- XIII. INSURANCE In a&1ition to the Worker's Compensation 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 liability insurance in which CITY is named as an additional insured. The policy shall indemnify CITY, its officers and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with PROTECT. 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 CONSULTANTS 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 commencement 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. 11/14/89 -6- XVI. NOTICES. All coamunications to either party by the other party shall be deemed made when received by such party at its respective name and midress, as follows: Mayor/City Engineer City of National City 1243 National City Boulevard National City, Ca 92050 Harris & Associates, Inc. Consultant Name 4281 Katella Ave., Ste. 100 Address Los Alamitos, CA 90720 (714) 229-0900 Telephone Number (714) 229-0995 Fax Number IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Agreement as of the date first written above. CITY OF NATIONAL CITY BY: / \Dsrr< /4.- /t/ice George Waters, Mayor ATTEST: BY: CONSULTANTS NAME Harris &-ociates, Inc. BY: Robe Vice J. Mimiaga resident APPROVED A . .. George H. User, III ..,n; Lori Peoples, City Clerk EXHIBIT "A" Scope of Work The consultant will provide the following tasks: A. A preliminary site investigation to analyze existing equipment, facilities and site conditions. B. Prepare a sewer study to determine recommendations for the pump station replacement. C. Sizing and design recommendations for pumps, force main and gravity main to be rehabilitated and/or replaced. D. Recommendations of new equipment to be used. E. Prepare plans, specifications and cost estimate for the upgrade of the 14th Street sanitary sewer pump station and approximately 1300 feet of existing 6" sewer force main and gravity main. F. Attend the preconstruction conference and answer any questions that arrise during construction. G. Visit the jobsite during construction and provide a final inspection. EXHIBIT "B" Work to be Done The work to be provided by the City consists of: A. Provide consultant with all available plans of existing utilities, easements and right of way in the vicinity of the project. Exhibit "C" Schedule: Complete and submit the preliminary report within 5 weeks after receiving the notice to proceed. Final plans, specifications and engineers estimates will be submitted within 7 weeks after approval of the preliminary report by the City. Exhibit "D" Harris and Associates will provide all services at the below listed hourly rates with a final not to exceed -maximum cost of $19,500. Project Manager/Engineer $95.00 - 130.00 Staff Engineer $52.00 - 68.00 Engineering/Drafting Technicians $50.00 - 65.00 Clerical $40.00 - 45.00 Hourly rates include all costs including labor, material, travel, per -diem, overhead, profit and printing. Form W-9 (October 1983) )epartment of theT,easury internal Revenue service I Payer's Request for Taxpayer Identification Number Name as shown on account (if joint account, also give joint owner's name) Harris & Associates, Inc. Address 220 Mason Circle City, State. and ZIP code •Concord, California 94520 List account number(s) here (See Instructions) ► PART 1.—Taxpayer Identification Number Enter the taxpayer identification number in the appropriate box. For most individual taxpayers. this is the social security number. Note: If the account is in more than one name, see the chart on page 2 for guidelines on which number to give the payer. ISocial severity number • • • • OR 'Employer identification number 94 i 238-5238 PART IL —Backup Withholding On Accounts Opened After 12/31/83 Check the box if you are NOT subject to backup withholding under the provisions of section 3406(a)(1XC) of the Internal Revenue Code (See Highlight below.) Certification. —Under the penalties of perjury, 1 certify that the information provided on this form is true, correct, and complete. Signature ► Instructions (Section references are to the Inte Revenue Code.) Highlight for Interest ' r Dividend Accoun Opened After 2/31/83—Backup Withholding lou may be notified that you are subject to backup withholding under section 3406(a)(1)(C) because you have underreported interest or dividends or you were required to but failed to file a return which would have included a reportable interest or dividend payment. If you have NOT been so notified, check the box in PART II. Note: Backup withholding may apply to existing accounts as well as accounts opened after December 31, 1983. Caution: There are other situations where you may be subject to backup withholding. Please read the instructions below carefully. Purpose of Form Use this form to report the taxpayer identification number (TIN) of the record owner of the account to the payer (or broker). Beginning January 1,1984. payers must generally withhold 20% of taxable interest, dividend, and certain other payments if you fail to furnish payers with the correct taxpayer identification number (this is referred teas backup withholding). For most individual taxpayers, the taxpayer identification number is the social security number. To prevent backup withholding on these payments, be sure to notify payers of the correct taxpayer identification number and, for accounts you open after December 31,1983, properly certify that you are not subject to backup withholding under section 3406(aX1MC). You may use this form to certify that the taxpayer identification number you are giving the payer is correct and, for accounts opened after December 31.1983. that you are not subject to backup withholding.. If the payer provides a different form than Form W9 to request the taxpayer identification number, please use it. Backup Withholding You are subject to backup withholding if: (1) You fail to furnish your taxpayer identification number to the payer, OR (2) The Internal Revenue Service notifies the payer that you furnished an incorrect taxpayer identification number. OR (3) You are notified that you are subject to backup w:3tholding (under section 3406(aX1MCD, OR • (4) For an interest or dividend account opened after December 31, )83. you fail to certify to the payer that you are not subject to backup withholding under(3)above, or fail to certify your taxpayer identification number. For payments other than interest or dividends, you are subject to backs withholding only if (1) or (2) above applies- p (See the section on the back titled "Payees Exempt from 8ac1wp Withholding.•-) (Give this form to the payer, not to the Internal Revenue Se Date leDecember 27, 1989 Payments of Interest, Dividends, and Patronage Dividends Accounts Opened Before January 1,1984 To certify that the taxpayer identification number is correct for accounts opened before January 1. 1984, fill out your name and address, enter your account number(s) (if applicable), complete Part I, sign and date the form and return it to the payer. Accounts Opened After December 31,1983 To certify that the taxpayer identification number is correct and that you are not subject to backup withholding under section 3406(aX1XC) for accounts opened after December 31.1983, fill out your name and address, enter your account number(s) (if applicable), complete Parts land II, sign and date the form and return it to the payer. If you are subject to backup withholding and are merely providing your correct taxpayer identification number to the payer, fill out your name, address, enter your account number(s) (if applicable), and complete Part I. Other Payments If you are merely providing your correct taxpayer identification number to • the payer for payments other than interest, dividends, and patronage dividends, you need not sign this form. Fill out your name and address, enter your account number(s) (if applicable), complete Part 1 and return the form to the payer. Account Numbers If you have more than one account with the same payer (for example, a savings account and a certificate of deposit at the same bank), the payer may request a separate Form Whow 9 for each account depending on the payer's records are kept. What Number to Give the Payer Give the payer the social security number or employer identification number of the record owner of the account. If the account belongs to you as an individual, give your social security number. If the account is in more than one name or is not in the name of the actual owner. see the chart on page 2 for guidelines on which number to report. Obtaining a Number If you don't have a taxpayer identification number or you don't know your number, obtain Form SS•5, Application for a Social Security Number Card, or Form SS-4, Application for Employer Identification Number, at the local office of the Social Security Administration or the Internal Revenue Service and apply for a number. Write 'applied for' in Part I in place of your number. When you get a number, submit a new Form W9 to the payer. twice) Form W-9 pa83)