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HomeMy WebLinkAboutReso 1985-12115 RESOLUTION NO. 12115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ENTER INTO CONTRACTS WITH CIVIL ENGINEERING CONSULTANTS FOR REVIEW OF VARIOUS PLANS AND MAPS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in conjunction w.ith Council's review of the City's report on Land Development Processing, it was proposed that during overload periods the review of plans and maps be accomplished by consultants, and WHEREAS, through a combination of personnel loss and submittal of plans and maps for several large projects, it has become apparent that an overload situation is at hand, and WHEREAS, in order to accommodate the review of plans for the various projects as quickly as possible, it is proposed that the City Engineer be authorized to negotiate with and to enter into agreements with such consultants without specific Council approval of each one. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Engineer to enter into contracts with civil engineering consultants for review of various plans and maps. Presented by Appr~/. as to form by ~ohn P. Lip~itt; Director of i~ron~ City Attorney ~ublic Works/City Engineer ~omas J 0578a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of July 19 85 , by the following vote, to-wit: AYES: Counci]member$ Cox, Malcolm, McCandliss, Scott, Moore NAYES: Council members None ABSTAIN: Councilmembers None ~BSENT: Counci 1 members Nr~n e, City STATE OF CALIFORNIA ) ;aUNTY OF SAN DIEGO ) ss. ;ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, )0 HEREBY CERTIFY th0t the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12115 ,and that the same has not been amended or repealed. 'ATED (seal) City Clerk :C-660 AGREEMENT WITH CARTER ASSOCIATES w INC. · ' FOR LAND DEVELOPMENT PLAN REVIEW THIS AGREEMENT, made and entered into this 23rd day of July, 1985, by and between the City of Chula Vi-~-~ herein after referred to as the "CITY" and Carter Associates, herein after referred to as "CONSULTANT". WHEREAS, the CITY desires to engage the services of a consultant for professional engineering review of land development plans. WHEREAS, the CONSULTANT has submitted a proposal for consulting services regarding the engineering review of land development plans. WHEREAS, the CONSULTANT after substantial evaluation has been selected to perform such services. NOW, THEREFORE, in consideration of the promises and mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: 1. WORK STATt~V~NT CONSULTANT shall provide all engineering services as described in the doc~nent entitled Proposal for the Professional Engineering Review Services for Subdivision Maps, Improvement Plans, Grading Plans and Landscaping Plans for the City of Chula Vista, State of California, and as subsequently revised (herein after referred to as "Exhibit A") which is incorporated into this agre~nent by reference. Said engineering services (herein after referred to as "PROJECT") shall include professional engineering review services and other minor engineering work the CITY may require from time to time. 2. t~GINEER TO REPRESENT CITY The City Engineer, or his designated representative shall represent the CITY in all matters pertaining to services rendered pursuant to this AGREEMENT and shall administer this AGREEMENT. 3. CITY'S RESPONSIBILITY The CITY shall provide at no cost to the CONSULTANT information and all record documents necessary for the PROJECT including but not limited to the following: A maps G ties M. manuals B plans H bench marks N. other perti- C records I cedes nent data and D reports J ordinances records nec- E lab test K standards essary for F surveys L forms the project. R-12115 1 'A2 CONSULTANT'S compensation for the project shall be at an hourly rate in accordance with attached Fee Schedule (Exhibit-A). CONSULTANT'S direct expenses including materials, travel and special supplies will be billed at CONSULTANT'S costs plus twenty percent handling. B. If the CITY requires any minor additional services not included as part of the basic service from the CONSULTANT, CONSULTANT will be paid an additional sum for time and direct personnel expenses as approved by the CITY. C. CONSULTANT shall submit invoices for each project to the CITY on a monthly basis for time and direct expenses detailing the hours and cost for each billing classification along with a description of each direct expense. The CITY shall pay each invoice within 30 calendar days of submission by CONSULTANT. 5. CANCEL.LATION~.OR SUSPENSION OF COntRACT The CITY may abandon this PROJECT within (30) days written notice to the CONSULTANT and if said PROJECT is abandoned, the CITY shall be obligated to pay 'CONSULTANT for work completed in accordance with Paragraph 5 of this AGREEMENT, plus the actual costs incurred by the CONSULTANT. 6. INDEPENDENT CONTRACTOR The CONSULTANT and agents and employees of the CONSULTANT in the performance of this AGREEMENT shall act in an independent capacity and not as officers, employees or agents of the CITY. 7. HOLD ~RMLESS CONSULTANT agrees to indemnify and hold harmless CITY, its officers, agents, and employees, from and against any and all claims, costs, suits, and damages, including attorneys fees, arising out of the actual negligent acts, errors or omissions of CONSULTANT, its agents, employees, and subcontractors in performance of the work performed pursuant to this AGREEMENT provided however, that this indemnification and hold harmless shall not include any claim arising from the negligence or will- ful misconduct of the CITY, its agents or employees. 8. COMPLIANCE WI~H LAWS The CONSULTANT shall comply with all applicable Federal, State, and Local laws, rdlnances and cedes and shall commit no o ' trespass on any private property in performing any of the work embraced by this AGREEMENT. 2 · CoNSuLTANT shall furnish to CITY and maintain in force until the completion of PROJECT a policy of general liability insurance in which CITY is named as an additional insured with a minimtm~ coverage of $1,000,000. A certificate of all such insurance policies required by this AGREEMENT shall be delivered to the CITY prior to the con~nc~ment of any work. No such insurance shall be cancelled or modified without thirty (30) days prior written notice to the CITY. 10. ASSIGNABILITY CONSULTANT shall not assign this contract or any monies due or to become due hereunder without CITY'S prior written consent. Any assignment by CONSULTANT without CITY'S prior written approval shall be cause for termination of this agreement at the sole option of the City. In no event shall any contractual relation be created between any third party and CITY. 11. DRAWINGS, COMPUTATIONS, NOTES, OWNERSHIPS All sketches, drawings, tracings, computations, notes and other original doct~nents shall remain the property of the CONSULTANT as instr~ents of service. Copies of these docoments shall be furnished to the CITY by CONSULTANT upon d~mand. The CONSULTANT or his representatives shall be responsible for the safe return of any of the materials furnished to the CONSULTANT by the CITY. 12. DISPUTE RESOLUTION Any dispute concerning terms and conditions shall first he settled by the parties hereto. In the event that either party conmences litigation to enforce any of the terms of this AGREEMENT, the prevailing party shall be entitled to an award of attorney fees and costs. 13. CONFLICT OF INTEREST The CONSULTANT hereby expressly covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the performance of services required to be performed under this AGREE~4ENT. 14. SIGNATURES I~ wITNEss WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers the day, month and year first above written. THE CITY OF CHULA VISTA May6r of ~tt~of Chula Vista ~)~it~ ~le~ of Cit~ o~u~a vist~ CARTER ~,//~/ATES BYDal~e/~i ,~p. E~. President I HEREBY APPROVE, the form of the foregoing agreement this day of ~ , 1985. City Attorney ~i~/ _ City of Chula Vista 4