Loading...
HomeMy WebLinkAboutReso 1985-11969 RESOLUTION NO. 11969 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ALGERT ENGINEERING, INC. TO ACT AS ENGINEER OF WORK FOR PROPOSED ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) AND AUTHORIZING THE MAYOR 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 act as Engineer of Work for proposed Assessment District No. 85-1 (Las Flores Drive) dated the 6th day of March ,1985. 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 Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the city of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by CHULA VISTA, CALIFORNIA, this 19 85. by the following vote, ADOPTED AND APPROVED BY THE CITY COUNCil OF THE CITY OF 19th day of March to-'Nit: AYES; Councilmen : NAYES: Councilmen: ABSTAIN: Councilmen : ABSENT: Councilmen : Moore, Malcolm, McCandliss, Scott None None Mayor Cox ~f1J -cfU.U MAYOR PRO TEMPORE ATTEr9~ ~et&t.~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) S s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11969 ,and that the some has not been amended or repealed. DATED ( seal) City Clerk CC-660 - MpT ENGINEER OF WORK AGREEMENT THIS AGREEMENT is made and entered into this 6thday of March, 1985, by and between the CITY OF CHULA VISTA, CALIFORNIA, a publ ic corporati on (herei nafter referred to as "City"), and 11.1 gert Engi neeri ng, Inc.. (hereinafter referred to as "Engineer of Work"). NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as foll ows: SECTION 1. That Engineer of Work shall perfonn the following services in connection with the proposed assessment district known and designated as ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) (herei nafter referred to as the "Assessment Di strict") under proceedi ngs conducted pursuant to the provi si ons of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. Said services shall include: A. Preparation of all drawings, utility specifications, soils investigation and reports, and cost estimates required by the City Engineer for the Las Flores Improvement District. Pl ans to i ncl ude cross secti ons drawn at a minimum of 100 foot intervals and more frequently as necessary. B. Coordination and processing of plans with the various util ity companies for their approval. Pay any fees and other expenses required by the various utilities to prepare and process plans and specifications. C. Appear at all hearings under the proceedings and attend any meeting where attendance is requested. D. Pro vi de the City with all executed street ri ght-of-way documents obtained to date from property owners in the area in connection with various subdivision activity. SECTION 2. Time for Completion of Work. The Engineer of Work shall complete the plans, specifications and estimates within one hundred twenty (120) cal endar days from date of executi on of Agreement. /?-1I9b 9 SECTION 3. SECTION 4. A. SECTION 5. SECTION 6. SECTION 7. ~\.C) ~ \\ ownershi~ of Data, Re~orts and Documents: The Engineer of work shall de 1ver to the 1ty, as the work 1S completed, all notes of fi e 1 d surveys made, all reports of tests made, studi e s, reports, plans, drawings, and all other materials and documents received by or prepared by the Engineer of Work in the performance of this agreement; all such notes, reports, studies, plans, drawings, and other material s and documents shall be the property of the City. That the City shall perform as follows: Furnish to Engineer of Work such maps, records, title searches, and other documents and proceedings, as are available and may be reasonably required by Engineer of Work in the performance of the services hereunder B. Pay to Engineer of Work a fee of $37,750, less monies previously pai d by property owners in connecti on wi th sai d work, upon receipt of money from the sal e and del i very of bonds to the successful underwriter. In the event the proceedings are terminated or abandoned prior to completion, Engineer of Work shall be paid no fee for services rendered to date. The Engineer of Wor~s fee is expected to be pai d by adjacent property owners through the normal subdi vi si on process shoul d the assessment di stri ct proceedings be abandoned. Indemnity: Engineer of Work agrees to indemnify and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Engineer's of Work 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 claim to be caused by the negligent acts of Engineer of Work, his agents or employees, and all expenses of investigating and defending against same; provided, however, that thi s i ndemnifi cati on and hol d harml ess shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. That this Agreement may be terminated by either party hereto by mailing written notice thereof to the other party. - 2 - IN WITNESS WHEREOF, the parties hereto have caused thi s Agreement to be executed on the day and year first hereinabove written. "CITY" CITY OF CHULA VISTA By, ~ l' ~ MAYOR crTY OF CHULA VISTA STATE OF CALIFORNIA ATTEST: ~-~~~ CITY O~ CHULA VISTA STATE OF CALIFORNIA "ENGINEER OF WORK" ALGERT ENGINEERING, INC. BY:~~ ?f.r1(~_ . MS. u';tRT, PRE WPC 1408E - 3 - q\'~ ~,\\