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HomeMy WebLinkAboutReso 1987-13051 13051 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LEIGHTON AND ASSOCIATES, INC. FOR GEOTECHNICAL GRADING OBSERVATION AND TESTING SERVICES ASSOCIATED WITH ASSESSMENT DISTRICT 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 LEIGHTON AND ASSOCIATES, INC. for geotechnical grading observation and testing services associated with Assessment District 85-1 (Las Flores Drive) dated the 2nd day of June , 1987, 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 J hn P.L/lp~p~ector of ~ ~Works/City Engineer ~ on City Attorney 2952a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of, a'une 87 19 , by the following vote, to-wit: AYES: C0uncilmembers McCandliss, Cox, Moore NAYES: Councilmembers None None ABSTAIN: Counci lmembers Malcolm, Nader ABSENT: Counci] members /M~f the/~ityo~Chulo Vista ATTEST///-,...- ity (~le~ C ~ ,~ 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 that the above and foregoing is a full, true and correct copy of RESOLUTION N0. 13051 ,and that the same has not been amended or repealed. DATED  City Clerk CIW OF CHUIA VISTA CC - 660 AGREEMENT FOR SOILS ENGINEERING SERVICES BETWEEN CITY OF CHULA VISTA AND LEIGHTON AND ASSOCIATES, INCORPORATED THIS AGREEMENT is made and entered into this 2nd day of June , 1987, by and between the CITY OF CHULA"'VIS~FA, CALIq~DI~I~!)F, a pu"~TTc corporation, hereinafter referred to as "City" and LEIGHTON AND ASSOCIATES, INCORPORATED, a California Corporation, hereinafter referred to as "Soils Engineer." RECITALS A. WHEREAS, the City requires the services of a Soils Engineer to render certain technical and professional services in connection with the grading and street improvements associated with Assessment District 85-1 (Las Flores Drive). B. WHEREAS, the City requires the services of the Soils Engineer to accomplish the above task and the City desires to contract with Soils Engineer for such services. C. WHEREAS, The Soils Engineer represents that it is qualified, it has personnel and facilities available necessary to accomplish the work within the required time, and Soils Engineer desires to undertake the same. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the duties as herein expressed, City and Soils Engineer agree as follows: SECTION 1 Scope of Services Soils Engineer agrees to provide and be responsible for completion of the following tasks and shall provide three copies of the final report to the City. 1. Geotechnical consultation including attendance at the pre-grade meeting. 2. Full-time engineering observation and general grading operations that involve fill placement, providing and placement of monitoring devices, geotechnical analysis of the results of monitoring of settlement of fills, and moisture conditioning. 3. Field density testing as required to provide an opinion relative to the compaction of structural fills. 4. Laboratory testing as needed. (Maximum density tests, sieve analysis, sand equivalent, and R Value tests) 5. Geological observation and mapping of cut slopes, key ways, cutouts, removal s, and subdrains. 6. Submittal of daily field reports and memorandum to document grading operations. 7. A final report of the grading which includes the test results, geologic/ engineering observations, and foundation requirement recommendations. An as-built geotechnical map will be presented in the report. Supplemental geotechnical analysis regarding any unforeseen soil and geologic conditions encountered during grading will be included in the report if necessary. 8. The above work will be confined to the areas of the 9radin9 operations and work associated with the construction of the street improvements for Las Flores Drive and do not include any soils work associated with the development of adjacent lot pads or private construction in the area. This work will be done by a private contract between the Soils Engineer and adjacent property owners. 9. The Soils Engineer shall be on site for performing his work full time during the grading operation and at the direction of the City at other times. SECTION 2 Authorization, Progress and Completion Upon execution of this agreement by both parties hereto, Soils Engineer is authorized and directed to proceed with the preparation and completion of investigation, laboratory and engineering analysis and reports as provided in Section 1 of the Agreement. Soils Engineer shall proceed with the work immediately, prosecute the work diligently to completion in accordance with the following schedule: The construction time for this project is 150 working days with a window for consolidation of fill material. Soils Engineer shall be engaged to perform the work until the project is completed. This may be up to a year and a half. It is mutually understood by Soils Engineer and City that final reports will be completed by the estimated time listed above subject to timely review by the affected governmental agencies. SECTION 3 Compensation The Soils Engineer shall perform the engineering and related services as set forth in the attached fee schedule and for a lump sum fee not to exceed $24,000 for the entire work provided the assumptions and scope of services dated May 6, 1986, and revised May 28, 1987, are not exceeded. Soils Engineer will periodically submit invoices to City. Invoices will show hours and charges for each fee schedule classification pursuant to the fee schedule attached. -2- Payment is due upon presentation of invoice and is past due thirty (30) days /!from invoice date. City agrees to pay a service charge on any past-due ~Ibal ance 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 Soils 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 Soils Engineer in the performance of these services. SECTION 5 Conflict of Interest The Soils Engineer presently has or shall acquire no interest whatsoever in Las Flores Drive, 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 Soils Engineer under this Agreement. SECTION 6 Termination of Agreement for Cause If, through any cause, the Soils Engineer shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the Soils 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 Soils Engineer of such termination and specifying the effective date thereof, at least 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 Soils Engineer shall, at the option of City, become the property of City and Soils 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 Soils Engineer of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of -3- 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, Soils 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. Soils 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 Soils 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 Soils 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. 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 Soils 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 lO Independent Contractor City is interested only in the results obtained, and Soils 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 Soils Engineer's final work product as is completed. Soils Engineer and any of Soils 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 -4- them shall be entitled to any benefits to which City employees are entitled, ~'iincluding, but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. SECTION ll Changes City may from time to time require changes in the scope of the services by the Soils Engineer to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Soils Engineer's compensation, which are mutually agreed upon by City and Soils Engineer shall be effective as amendments to this agreement only when in writing. SECTION 12 Indemnity Soils 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 Soils 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 claimed to be caused by the negligent acts of Soils 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 Samples Soils Engineer will retain all soil and rock samples for 30 days. Further storage or transfer of samples can be made at City expense upon City's written request. SECTION 14 Standard of Care Service performed by the Soil s 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 Soils Engineer will be reporting the findings actually observed and will not render a professional opinion concerning site conditions other than those actually observed. -5- City recognizes that subsurface conditions may vary from those encountered at ~the location where borings, surveys, or explorations are made by the Soils ~Engineer and that the data, interpretations and recommendations of the Soils Engineer are based solely on the information available to him. The Soils Consultant shall not be responsible for the interpretation by others of the information developed. SECTION 15 Insurance The Soils 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 Soils Engineer has such coverage under public liability and property damage insurance policies which the Soils Engineer deems adequate. In addition, the Soils 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~"TTlion combined single limits which names the City of Chula Vista as additional insured. Evidence in the form of a Certificate of Insurance of Errors and Omissions Insurance in the amount of $500,000. 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. SECTION 16 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 later determined by arbitration, if the City and the Soils Engineer agree thereto, or as fixed in a court of law. Should that dispute result in litigation, it -6- ~ 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 Leighton & Associates, Incorporated have executed this Agreement on this 2nd day of June , 1987. CITY OF CHULA VISTA LEIGHTON AND ASSOCIATES, INCORPORATED 987. WPC 2810E ASSUMPTIONS AND SCOPE OF SERVICES DATED 4800357-04 ~Y 8, 1986 AND REVISED MAY 28, 1987 TABLE 1 BREAKDOWN OF ESTIMATED COSTS Rough and Fine Gradin9 (Estimated at 40 Days) Operations Manager/ Project Geologist/Engineer 1.0 hour e $70/hour $ 70.O0/day Senior Technician 8.0 hours e $50/hour 400.O0/day Vehicle Usage 9.0 hours e $ 4/hour 36.00/day Subtotal $ 506.00/day Estimated Grading Subtotal (times 40 days) $20,240.00 Laboratory Testing Sand Equivalent 2 tests e $ 40/each $ 80.00 Sieve Analysis 2 tests e $ 40/each 80.00 R-Value 4 tests e $175/each 700.00 Maximum Density 3 tests e $100/each 300.00 Estimated Laboratory Subtotal $ 1,160.00 Final As-Graded Report/Project Management/Office Analysis Project Engineer/Geologist 12.0 hours @ $70/hour $ 840.00 Technical Illustrator 8.0 hours e $40/hour 320.00 Technical Typist 8.0 hours e $25/hour 200.00 Review - Associate Engineer/ Geologist 2.0 hours e $75/hour 150.00 Estimated Report Subtotal $ 1,510.00 Placement of Settlement Devices During Construction $ 1~090.00 Grand Total $24,000.00