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HomeMy WebLinkAboutReso 1987-13050 13050 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ALGERT ENGINEERING, INC. TO PROVIDE SURVEYING SERVICES FOR ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and ALGERT ENGINEERING, INC. to provide surveying services for Assessment District No. 85-1 (Las Flores Drive) dated the 2nd day of June , 198 7, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Director of Public Works of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by 2951a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2nd day ol~ June 87 19 , by the following vote, to-wit: AYES: Councilmembers McCand3..i. ss, Cox, Mooz:e NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci 1 members ~0~ yC~ Chula Vista S ....E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thot the above and foregoing is a full, true and correct copy of RESOLUTION N0; 13050 ,and that the same has not been amended or repealed. DATED Cify Clerk CI'iY OF CHULA VISTA CC-660 AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES BETWEEN CITY OF CHULA VISTA AND ALGERT ENGINEERING, INCORPORATED THIS AGREEMENT is made and entered into this 2nd day of June , 1987, by and between the CITY OF CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred to as "City" and ALGERT ENGINEERING, INCORPORATED, a California Corporation, hereinafter referred to as "Professional Engineer." RECITALS A. WHEREAS, the City requires the services of a Professional Engineer to render certain surveying services in connection with construction of Las Flores Drive associated with Assessment District 85-1. B. WHEREAS, the City requires the services of a Professional Engineer to accompl i sh the above task and the City desires to contract with Professional Engineer for such services. C. WHEREAS, The Professional Engineer represents that it is qualified, it has personnel and facilities available necessary to accomplish the work within the required time, and Professional Engineer desires to undertake the same. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the duties as herein expressed, City and Professional Engineer agree as follows: SECTION 1 Scope of Services Professional Engineer agrees to provide and be responsible for completion of the following tasks: 1. Will monitor the quantity and stake the limits of work in consultation with the Soils Engineer for all excavations and fills required for construction of this project. 2. Will provide all construction staking work required for grading, storm drain, water facilities, trenching, and surface improvements per the construction plans associated with Assessment District 85-1. SECTION 2 Authorization, Progress and Completion Upon execution of this agreement by both parties hereto, Professional Engineer is authorized and directed to proceed with necessary construction staking and reports as provided in Section 1 of the Agreement. Professional Engineer ~!shall proceed with the work immediately. Prosecution of the work diligently to completion in accordance with the following schedule: The amount of time for completion of construction of the improvements associated with Las Flores Drive north of "D" Street is expected to take approximately 1 50 working days with a window included within this time for the consolidation of fill material. Total length of project may extend over a year and a half. It is mutually understood by Professional Engineer and City that the surveying work will take place within the time listed above. SECTION 3 Compensation The Professional Engineer shall perform the engineering and related services as set forth in the attached schedule of fees on an hourly basis with a lump sum fee not to exceed $28,350, no matter how much surveying time is required to accomplish the work. Professional Engineer will periodically submit invoices to City. Invoices will show hours and charges for each fee schedule classification pursuant to the fee schedule attached. Payment is due upon presentation of invoice and is past due thirty 130) days from invoice date. City agrees to pay a service charge on any past-due balance of 1.5 percent per month to cover additional handling and carrying costs. Any attorney's fees or other cost incurred in collecting any delinquent account will be paid by City. SECTION 4 Services by City City further agrees to furnish to the Professional Engineer, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by the Professional Engineer in the performance of these services. SECTION 5 Conflict of Interest The Professional Engineer presently has and shall acquire no interest whatsoever in Las Flores Drive north of "D" Street, the subject matter of this Agreement, direct or indirect, which would constitute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by the Professional Engineer under this Agreement. -2- SECTION 6 ~Termination of Agreement for Cause If, through any cause, the Professional Engineer shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the Professional Engineer shall violate any of the covenants, agreements, or stipulations of the Agreement, City shall have the right to terminate this Agreement by giving written notice to Professional Engineer of such termination and specifying the effective date thereof, at 1 east five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawing, maps, reports, and other materials prepared by the Professional Engineer shall, at the option of City, become the property of City and Professional Engineer shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Section 3, hereinabove. SECTION 7 Termination for Convenience of City City may terminate this Agreement at any time and for any reason by giving written notice to the Professional Engineer of such' termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described in Section 6, hereinabove, shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Professional Engineer shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Professional Engineer hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in Section 3, hereinabove, in the event of such termination. SECTION 8 Assignability The Professional Engineer shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City; provided, however, that claims for money due or to become due to the Professional Engineer from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approval may not be further assigned without City approval. -3- SECTION 9 ~Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent right by the Professional Engineer in the United States or in any country without the express written consent to the City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Public Records Act), distribute , and otherwise, use, copyright or patent in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. SECTION 10 Independent Contractor City is interested only in the results obtained, and Professional Engineer shall perform as an independent contractor with sole control of the manner and means of performing the services required under the Agreement. City maintains the right only to reject or accept Professional Engineer's final work product as is completed. Professional Engineer and any of Professional Engineer's employees, or representatives are, for all purposes under this Agreement, an independent contractor, and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. SECTION 11 Changes City may from time to time require changes in the scope of the services by the Professional Engineer to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Professional Engineer's compensation, which are mutually agreed upon by City and Professional Engineer shall be effective as amendments to this agreement only when in writing. SECTION 12 Indemnity Professional Engineer agrees to indemnity and save City and its agents and employees harmless from any and liability, claims, damages or injuries to any person, including injury to Professional Engineer's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or -4- claimed to be caused by the negligent acts of Professional Engineer, his agents or employees, and all expenses of investigating and defending against same; provided, however that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. SECTION 13 Standard of Care Service performed by the Professional Engineer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The Professional Engineer will be reporting the findings actually observed and will not render a professional opinion concerning site conditions other than those actually observed. SECTION 14 Insurance The Professional Engineer represents and warrants that it and its agents, staff and consultants employed by it is and are protected by worker's compensation insurance and that Professional Engineer has such coverage under public liability and property damage insurance policies which the Professional Engineer deems adequate. In addition, the Professional Engineer will provide the following certificates of insurance to the City which: Evidence of Statutory Workers' Compensation coverage plus $1 million Employers Liability coverage. Evidence in the form of a Certificate of Insurance and Policy Endorsement, or General and Automobile Liability coverage to $1 m~"fllion combined single limits which names the City of Chula Vista as additional insured. All insurance carriers shall comply with the items listed below: 1. Listing by the State Insurance Commission as a company authorized to transact the business of insurance in the State of California. 2. A Best's Rating of "A", Class V, or better. 3. Where a company is not included in Best's, it must show by convincing evidence that its financial responsibility is equal or better than the rating set forth in No. 2. -5- SECTION 15 Disputes In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, payment shall be as 1 ater determined by arbitration, if the City and the Professional Engineer agree thereto, or as fixed in a court of law. Should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including court costs and attorney's fees. IN WITNESS WHEREOF, City and Algert Engineering, Incorporated have executed this Agreement on this 7~day of H~f' , 1987. CITY OF CHULA VISTA ALGERT ENGINEERING, INCORPORATED I hereby approve the form and legality of the foregoing Agreement this day of /~_ , 1 987. WPC 2811E -6- Sen/or LhgLneer $70.00 Engineering Design $62.00 Assistant EngLr~e_r $45.00 Senior Drafting $40.00 DraftLng 530.00 2-Man Survey Party $100.00 These rates h~cl,~l~ all riotrial equiprrent and materials r~i red for Engineering Serfices. Printirg and reproducticms required by t/~ Client or Public Agencies will be billed at cost plus 15%. Effecti~ rates as of Fay 1st, 1987.