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HomeMy WebLinkAboutReso 1988-13469 RESOLUTION NO. 13469 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PHILLIPS-REYNOLDS ENGINEERING, INC. FOR PREPARATION OF AERIAL TOPO AND RECORD OF SURVEY MAPS FOR STREET AND FLOOD CONTROL IMPROVEMENTS ALONG TELEGRAPH CANYON/OTAY LAKES ROAD IN THE CITY OF CHULA VISTA 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 PHILLIPS-REYNOLDS ENGINEERING, INC. for preparation of aerial topo and record of survey maps for street and flood control improvements along Tele- graph Canyon/Otay Lakes Road dated the 1st day of March , 1988, 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 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. BE IT FURTHER RESOLVED that the sum of $13,256.00 be, and the same is hereby authorized to be expended from Account 250-2501- ST131-Street Widening-Otay Lakes Road. Presented by Approved as to form by ~ h P L D~rector Tho~s ~ Harron ty.6 blic Works Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CndLA VISTA, CALIFORNIA, this 1st day of March 19 88 , by the following vote, to-wit: AYES: Councilmembers Malcolm, McCandliss, Moore, Cox NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Counci lmembers Nader ~t~C%y o~Chu'a Vista ATTES / City Clerk S ,'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. ]_3469 ,ond thor the some hos not been omended or repeoled DATED City Clerk CIIY OF CHULA VIS'[A CC-660 AGREEMENT FOR PREPARATION OF AERIAL TOPO AND RECORD OF SURVEY MAPS FOR STREET AND FLOOD CONTROL IMPROVEMENTS ALONG TELEGRAPH CANYON ROAD/OTAY LAKES ROAD IN THE CITY OF CHULA VISTA, CALIFORNIA THIS AGREEMENT, made and entered into this 1st day of March 1988, by and between the City of Chula Vista, California, a public corporation, hereinafter referred to as "City," and Phillips-Reynolds Engineering Inc., whose address is 71 North Fourth Avenue, Chula Vista, California 92010, hereinafter referred to as "Engineer," covers certain professional engineering services in connection with the City of Chula Vista Street and FLood Control Improvements along Telegraph Canyon Road/Otay Lakes Road, hereinafter referred to as "Project," RECITALS A. WHEREAS, the City is in the process of preparing construction plans for improvement of Telegraph Canyon Road from Apache Drive to Otay Lakes Road and Otay Lakes Road from Gotham Street to Rutgers Avenue. B. WHEREAS, in order for the City to design the project, right-of-way and construction plans, surveying and topography information is required. WITNESSETH THAT, in consideration of these premises and of the mutual covenants herein set forth: THE ENGINEER AGREES: 1. To Prepare and Provide a Record of Survey Map: A. The existing right-of-way of Telegraph Canyon Road from Apache Drive to Otay Lakes Road and Otay Lakes Road from Gotham Street to Rutgers Avenue shall be determined and shown on a Record of Survey Map filed and approved by the County of San Diego. The following subdivisions shall be used to establish the horizontal control: Map numbers 6845, 10599, 10584, 10245 and 4961. A horizontal tie between the monuments adjacent to the road shall be shown on the Record of Survey. All points shown on the Map shall be tied to the California Coordinate System. 2. !~?_repare and Provide a Topography Map: Exhibit "A" is a topo map on file in the Office of the City Engineer, scale l:lO0, showing the location for which the Engineer is to prepare a project topography map at scale of 1:40. Contour interval on the map shall be one (1) foot. An aerial survey will be used. The topography map shall be prepared in accordance with the following criteria: A. The topo map shall be on "D" sheet size mylars with the City of Chula Vista standard title block. The right-of-way information from the Record of Survey Map shall be shown on the topo drawings along with horizontal ties between existing monuments. In addition to the individual "D" Sheets, the Engineer shall provide two to three mylar sheets (thickness 0.004 inches), if practical, with the topo for the entire project limits. B. Topo map elevations shall be based on Bench March #475 at the northeast corner of Apache Drive and Telegraph Canyon Road, lead and tack at base of street light, elevation 395.946 and Bench Mark #471 (USC&GS disc C-891) at 280 feet east of intersection Telegraph Canyon Road and Otay Lakes Road and 31.5 feet north of C/L Otay Lakes Road elevation 418.501. These are to be used for vertical control. A differential level circuit between these monuments shall be made to determine any error in vertical elevation. C. All existing topo items shall be shown on the drawing including the existing improvements and the natural channel adjacent to the road. Also, the location of the house south of Otay Lakes Road at Rutgers Avenue shall be shown. D. Elevation of all slabs, bottom of walls, top of walls, etc. shall b? within 1/lOth of a foot. Existing improvements (curb, gutter, sidewalk, driveways, etc.) on Otay Lakes Road going north to Gotham ~ Street shall be shown. Horizontal position and elevation of those improvements shall be within 1/lOOth of a foot. Provide adequate data on Telegraph Canyon Road starting 100 feet west of Apache Drive to 100 feet east of Rutgers Avenue and on Otay Lakes Road to Go~hmn Street so that a proper design can be prepared for the Telegrapil Canyon Road, Otay Lakes Road and the naturalized flood control channel. 3. To indemnify, keep and save harmless the City, its officials, officers, employees and agents, against all liabilities, judgments, costs, damages and expenses, direct and indirect, that may be suffered, claimed or otherwise accrued, against the City, arising on account of negligence by Engineer's staff during performance of work under this Agreement and in consequence thereof. 4. To represent and warrant that it and its agents, staff and consultants employed by it is and are protected by worker's compensation insurance and that Engineer has such coverage under public liability and property damage insurance policies which the Engineer deems adequate. In addition, the Engineer will provide the following certificates of insurance to the City which: Evidence of Statutory Workers' Compensation coverage plus one million dollars ($1,000,000) Employers Liability coverage. -2- Evidence in the form of a Certificate of Insurance and and Policy Endorsement of General and Automobile Liability coverage to one million dollars ($1,000~000) combined single limits which names the City of Chula Vista as additional insured. All insurance carriers shall comply with the items listed below: A. Listing by the State Insurance Commission as a company authorized to transact the business of insurance in the State of California. B. A Best's Rating of "A", Class V, or better. C. 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. In the event record of survey map or topo map are found in error during review of the material, the Engineer agrees that he will perform such corrections without expense to the City though final payment may have been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the City. 6. To complete the work described in items 1 and 2 above within eight weeks after approval of this agreement by the City. Completion of the work for item 1 shall mean submittal of the Record of Survey Map to the County for their approval. THE CITY AGREES: 1. Provide a blank mylar with the City of Chula Vista border and title block. 2. To pay the Engineer compensation for all services performed as stipulated in paragraphs 1 and 2 of the Engineer Agrees on an hourly basis per Exhibit "B" and "C" attached. Total amount to be paid shall not exceed $13,256.00 IT IS MUTUALLY AGREED: 1. This Agreement may be terminated by the City upon giving notice in writing to the Engineer at this last known post office address. Upon such termination, the Engineer shall cause to be delivered to the City all data, and work performed, if any, with the understanding that all such material becomes the property of the City. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 2 of the THE CITY AGREES. 2. That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the City shall have the right to annul this contract without liability. -3- 3. The Engineer shall not assign this Agreement in whole or in part without prior written consent of the City. This Agreement consists of professional services and it is not contemplated by either party that any such assignment would occur. Any such assignment shall not relieve the Engineer of any of it obligation under this agreement. 4. That all questions concerning the execution, validity or invalidity, capacity of the parties, and the performance of this Agreement, shall be interpreted in all respects in accordance with the laws of the State of California. 5. That this Agreement, together with the Attachments, is the entire Agreement between the parties and all other Agreements are merged herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. EXECUTED BY THE CITY: CITY OF CHULA VISTA ATTEST: State of California, acting by and '/A.-z/ through , Resol ion Numbe 13469 ~ Jennie M. Fulasz, City Clerk By: Title: Mayor, City of Chula Vista Approved as to form by: EXECUTED BY THE ENGINEER: PHILLIPS-REYNOLDS ENGINEERING, INC. ATTEST:71 North Fourth Avenue Chula Vista, CA 92010 ~. -~-c~.-z. zzzz .... Frank P. Phillips Cha:[ntLc Ann Webster President WPC 3567E 72 ~../y c<~,,,~:~i~i~ E:~ ~ ~-~ 2~. 988 -4-