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HomeMy WebLinkAboutCC RESO 12,653RESOLUTION NO. 12,653 RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING SERVICES CONTRACT BETWEEN AREVALO & SAFINO OF SAN DIEGO, INC. AND CITY OF NATIONAL CITY FOR DESIGN OF IMPROVEMENTS TO EDGEMERE AVENUE BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized and directed to execute, and the City Clerk is authorized to attest, that certain Engineering Services Contract between Arevalo & Safino of San Diego, Inc. and the City of National City for design of improvements to Edgemere Avenue. PASSED AND ADOPTED this 28th day of February, 1978. ATTEST: rB-ev 11 R it *RII tom; sag t t>. D E-.S I G N • CIVIL • STRUCTURAL • LAND SURVEYING ENGINEERING-21 • CONSULTATION : : -L ' X: of S."-.N' aIP=EGO, =NC. SAMUEL F. SAFINO NEIL J. ORMONDE WALTER F. BUTCHER. JR. February 22, 1978 23392 ENGINEERING SERVICES CONTRACT This agreement is entered into the day and year hereinafter set forth by and between AREVALO & SAFINO OF SAN DIEGO, INC., hereinafter called "Engineer" and CITY OF NATIONAL CITY, hereinafter called "Client." PROJECT DESCRIPTION Engineering consultant services for the reconstruction of Edgemere Avenue between Sweetwater Road (30th Street) and Route 54 Right -of -Way. It will be the engineer's intent to raise the grade of Edgemere Road in order to allow storm water runoff to flow/pass under the roadbed rather than over, which causes flooding, creating an impassable condition. Additionally, design consideration will be given to the future bridge construction on Edgemere Avenue which is scheduled to be completed at the time Route 54 is improved by CALTRANS. ENGINEER'S SERVICES The Engineershall perform the following civil engineering services for Client in connection with the aforementioned described project. The -engineering services provided shall be of good quality, and in general compliance with the standard practices of the profession, and in accordance with the requirements of the City of National City. SERVICES 1. Field reconnaissance of existing conditions by design engineer. 2. Obtain necessary field survey data, including roadway cross - sections, existing drainage structures and current as -built information of state highway construction. 3. Perform necessary drainage calculations (hydrology/hydraulic). 4. Prepare contract street improvement plans for reconstruction of Edgemere Avenue, including details of drainage facilities. 5. Prepare necessary landscaping plans/erosion control planting of newly graded areas outside paved surfaces. 6. Prepare project specifications. 7. Prepare engineer's cost estimate. 8. Coordinate all design efforts with City of National City Engineering Department. 8913 COMPLEX DRIVE. SUITE C • SAN DIEGO. CALIFORNIA 92123 ?714) 560-1141 February 22, 1978 23392 . ..Rxr' r a xltl.. gar SA " 212-0 Or 9AN DxEGO, SNG_ Page two COMPENSATION It is proposed to provide the above engineering services on a time and materials basis, according to the attached fee schedule, dated 1-1-78. However, the fee for the work, as outlined herein, shall not exceed $5,000.00; excepting prints and reimbursables which will be billed to you at cost. We will invoice you monthly for services performed as outlined above and said invoices will be based upon an accounting of the time and materials charged to the project, consistent with the attached fee schedule. SFS:jbp LVA LO c S. E• xi TC? ar SAN OZZtC O , ZD.i O_ FEE SCHEDULE (1-1-78) Professional Consultation $45 00/hr. Principal. . . . . . . OOOOOOOO . . $43.00/hr. Senior Engineer -Project Engineer . $39.00/hr. Associate Civil Engineer -Supervisor Engineer $35.00/hr. Assistant Civil Engineer-OfficeEngineer. $30.00/hr. Design Draftsman -Supervisor Draftsman . $28.00/hr. Draftsman $24.00/hr. Apprentice Draftsman -Delineator $19.00/hr. 1-Man Survey Crew or Supervisor $36.00/hr. 2-Man Survey Crew. . . . . . . . $62.00/hr. 3-Man Survey Crew. . . . . . . . . $8.8.00/hr. Electronic Distance Measuring Equipment. $25.00/hr. Prints & Reproduction Charges. . . . . . . . .. AT COST an the event of any increase of costs due to the granting of wage -increases and/or other employee benefits due to the terms of any new labor agreement during the lifetime of this agreement, such -increase shall be adjusted to all fees. Client hereby agrees that the balance as stated on the billing from the engineer to client is correct, conclusive and binding on the client unless client, within ten (10):days from the date of the making of the billing, notifies engineer in writing of the particular item that is alleged to be incorrect. Time is of the essence of the provisions of this paragraph. NOTE: Under the terms and conditions of this contract, a late payment r INAICE CHARGE will be computed at the periodic rate of 0.833% per month, which is an ANNUAL PERCENTAGE RATE of 10%, and will be applied to any unpaid balance commencing 30 days after the date on which payment of the balance, pursuant to this contract, is required to be made. ENGINEERING SERVICES CONTRACT STANDARD TERMS AND CONDITIONS 1. The Client binds himself, his partners, successors, executors, administrators, and assigns to the Engineer to this agreement in respect to all of the terms and conditions of this agreement. 2. Neither the Client nor Engineer shall assign his interest in this agreement. without the written consent of the other. 3. An addendum to this contract will be prepared, and our firm shall receive extra compensation based on the aforementioned fee sched- ule for special and extra services which are not included in the scope of work for the various 'phases of engineering services. Such work may include, but not be limited to, additional effort by this firm resulting from changes by you or your representa- tives after that particular effort has been completed as pre- viously agreed upon. 4. 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 specifi- cally covered by the terms of this agreement. In the event Engi- neer advances payment for any of such costs, fees, or charges, Client shall reimburse Engineer upon being billed therefor. 5. In the event all or any portion of the work prepared or partially prepared by the Engineer be suspended, abandoned, or terminated, the Client shall promptly pay the Engineer for the work performed on an hourly basis computed at the hourly rates set forth in the compensation portion of this contract. If a LUMP SUM is set forth in the compensation portion of this contract, then the Engineer shall be compensated on the basis of "percent complete" when work has been stopped. Such work performed shall include work of Engi- neer reasonably necessary to terminate Engineer's services rela- tive to this project. Time is of the essence of the provisions of this paragraph. 6. In the event Client fails to pay Engineer promptly or within sixty (60) days after invoices are rendered, Client agrees that Engineer shall have the right to consider said failure a total breach of this contract and the obligations of the Engineer under this contract terminated. In such event, Client shall promptly pay the Engineer for all of Engineer's fees, charges and services in accordance with the provisions of this contract relative to termination. Time is of the essence of the provisions of this paragraph. RSV E! lc. Gs sit SAF3C2‘T4J or swar xxzaa, xmo_ Should litigation or arbitration be necessary to enforce any term or condition of this contract, 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 by the non -prevailing to the prevailing. In the event that litigation be instituted under the terms and conditions of this -agreement, the same is to be brought and tried in the Judicial District of the Court in the County in which the engineer's principal place of business is located, and client'_waives the right to have the suit brought or tried in, or removed to, any other county or Judicial District. Client agrees to cooperate in every way or manner with Engineer on project. If Engineer requires, for the accomplishment of its work, information which is not reasonably available to Client, Client will use its reasonable best efforts to procure same for Engineer. Any such information supplied by Client to Engineer may be relied upon by Engineer and Engineer will not be responsible for the accuracy thereof. 9. In the event that all or part of the plans, specifications and/ or field work covered by this contract are required by various governmental agencies and in the event that due to change of policy of one or more of said agencies after the date of this contract, additional office or field work is required by Engineer, such additional work shall be paid for by Client as extra work. 10. All tracings, survey notes, and other original'documents as instruments of service are and shall remain the -property of the Engineer, except where -by law or precedent these documents become public property. 11. The Engineer will in no way be responsible for how the construc- tion work is performed, safety in, on, or about the job site, methods of performance or timeliness in the performance of the work. 12. Since the Engineer has no control over the cost of labor and materials, or,competitive bidding, he does not guarantee the accuracy of any statements of probable construction costs, or any semi -detailed or detailed cost estimates. 13. In the event that any staking is destroyed by an Act of God or parties other than Engineer, the cost of restaking shall be paid for by Client as extra work. i4. Unless otherwise expressly set forth to the contrary in this contract, fees and all other charges will be billed monthly as the work progresses, and the net amount shall be due ten (10) days from receipt of invoices. Time is of the essence of the provisions of 'this. paragraph. r° .4114.:EL3C-Cr.a...X.<3 e.r A Mir , MATC. 15. Engineer makes no representations concerning estimates of areas or volumes. Estimates of areas or volumes 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. 16. Engineer makes no warrant, either express or implied, as to its findings, recommendations, specifications, or professional advice except that these were promulgated after being prepared in accord- ance with generally accepted engineering practices and under the direction of registered professional engineers. 17. The terms and conditions of this contract shall not be construed to alter, waive, or affect any lien or stop notice rights, which the Engineer may have for the performance of engineering services under this contract. Should the Engineer deem it necessary and advisable, Preliminary Notices, Stop Notices, and/or Mechanic's Liens will be prepared, served, and recorded to protect engineer's interest. 18. 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. 19. There are no understandings or agreements except as herein expressly stated. 20. Any "WORK ORDER CONFIRMATION" put into effect hereafter shall include all the terms and conditions of this agreement as if fully set forth therein unless otherwise specifically stated. AREVALO & SAFINO OF SAN DIEGO, INC. F. Safino, re$ident Date CITY N I Al/CITY, CALIF. CLIENT: ATTEST BY:, Iphe Campbell,/City Clerk DATE: March 3, 1978