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HomeMy WebLinkAboutReso 1981-10492 -_..- - ~ ~I Form No. 342 RESOLUTION NO. 10492 RESOLUTION OF THE CITY COUNCIL OF-~E-Cl~Y OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DWIGHT B. JEGLOR, INDEPENDENT CONTRACTOR, TO PROVIDE CONSTRUCTION ENGINEERING SERVICES ON THIRD AVENUE WIDENING PROJECT, "G" TO "K" STREETS 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 that that certain agr~ement between THE CITY OF CHULA VISTA, a municipal corporation, and DWIQIT B. JEGLOR, independent contractor, to provide construction engineering services on Third Avenue Widening'Project, "G" to "K" Streets dated the 9th day of June , 19 81 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though approved. BE IT FURTHER RESOLVED that the City Council does hereby authorize the expenditure of funds from Project GT-84 to cover the cost of engineering services. BE IT FURTHER RESOLVED that the Mayor 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 John P. Lippitt, City Engineer " " George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 9th day of June , 19 81 ,by AYES: Councilmen Gi11ow, Hyde, Cox, McCand1iss, Scott NAYES: Councilmen None ABSENT: Councilmen None &.J.Jj). ~ (~ Mayor of the City of Chula Vista C~ty STA E OF CALIFORNIA) COUNrY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. 10492 not been amended or repealed. DATED , City Clerk of the City that the above is a full, , and that the same has City Clerk CITY OF CHULA VISTA ENGINEERING DEPARTMENT AGREEMENT TO PROVIDE ENGINEERING SERVICES FOR THIRD AVENUE WIDENING PROJECT, "G" TO "K" STREETS This Agreement is made this 9th day of June, 1981, at the City of Chula Vista, County of San Diego, State of California, between the City of Chula Vista, hereinafter called City, and the independent contractor, Dwight B. Jeglor, hereinafter called Contractor. City is engaged in the business of providing Engineering Inspection, Soils and Materials Testing and Contract Administration Services in the City of Chula Vista, County of San Diego, State of California. 1. NATURE OF AND PLACE OF SERVICE. City does hereby engage and hire Contractor to provide Engineering Inspection, Soils and Materials Testing and Contract Administration Services for the Third Avenue Widening Project, "G" to "K" Streets and Contractor does hereby accept and agree to such hiring and engagement. Subject to the supervision and pursuant to the orders, advice, and direction of City, Contractor shall provide engineering services consisting of inspection, soils and materials testing and contract administration for the Third Avenue Widening Project, "G" to "K" Streets; and shall perform such other duties as are customarily performed by one holding such position in other same or similar businesses or enterprises as that engaged in by City, and shall keep in order during use area assigned for performing engineering services. It is further understood and agreed that services provided herein are provided by the Contractor in the capacity of independent contractor and that no employer/employee relationship exists by virtue of this agreement. 2. PERFORMANCE OF DUTIES TO REASONABLE SATISFACTION OF CITY. Contractor agrees that he will at all times faithfully, industriously, and to the best of his ability, experience, and talent, perform all of the duties that may be required of and from him pursuant to the express and implicit terms hereof, be the reasonable satisfaction of Ci ty. Such duties shall be rendered at 276 Fourth Avenue, 707 "F" Street, and the Third Avenue project site, and at such other place or places as City shall in good faith require or as the interests, needs, business, and opportunities of City shall require or make adv i sable. 1 ~-16 J/'J;L 3. DURATION OF CONTRACT. The term of this agreement shall be for a period of up to 6 calendar months, commencing on the first working day following approval of this agreement, and terminating on November 26, 1981, or completion date of Third Avenue project, whichever occurs first. 4. PAYMENT AND REIMBURSEMENT. City shall pay Contractor and Contractor agrees to accept from Ci ty, in full payment for Contractor's serv ices hereunder, compensation at the rate of $10.00 per hour, payable on the same days City's employees receive compensation. 5. COMMITMENTS BINDING ON CITY ONLY ON WRITTEN CONSENT. Anything herein contained to the contrary notwithstanding, it is expressly understood and agreed that Contractor shall not have the right to make any contracts or commitments for or on behalf of City without the written consent of City. 6. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING. It is further agreed that no waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be changed therewith and that no evidence in any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this paragraph may not be waived except as herein set forth. 7. CONTRACT GOVERNED BY LAW OF STATE OF CALIFORNIA. The parties hereto agree that it is their intention and covenant that this agreement and performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the laws of the State of California and that in any action, special proceeding, or other proceeding that may be brought, arising out of, in connection with, or by reasons of this agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action of special proceeding may be instituted. 8. CANCELLATION This agreement may be cancelled by either party upon fifteen (15) days written notice as forwarded by the City Engineer by 2 / oLt q -z.-, mail to the contractor's address or by personal delivery at the direction of the City Eng ineer, or by del ivery to the City Engineer of such notice of cancellation either by mail or in person by the contractor. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. The City of Chula Vista Contractor u~r~ Ma yo r ^U""'~, ~0t~ ~'j Approved as to form by: ~~y 3 10<"\ g L