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HomeMy WebLinkAboutReso 1969-5276 RESOLUTION N0. 5276 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TEE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BRYANT, JEHLE, JEFFERIES AND PHILLIPS, ARCHITECTS AND ENGINEERS AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND PROVIDING FOR THE APPROPRIATION OF FUNDS The City Council of the City of_ Chula Vista does hereby resolve as follows: WHEREAS, the City Council has heretofore authorized the City Engineer to negotiate with consulting ena,ineers for the performance of engineering work required to complete the contemplated work uncle 1911 Improvement Districts f_or the improvement of Arizona Street, and. TaHEREAS, the City Engineer has interviewed c?uali.fied Inter-City Engineers and Associated Engineers, and WHEREAS, the City Engineer recommends that Bryant, Jehle, Jefferies and Phillips, Architects and. Engineers could well the duties of the Engineer of Work for the above Perform shortest amount of time and. will effect a considepablecamounthof_ savings on behalf of the City and the property owners involved, and WHEREAS, the estimated costs of the project are as f_ollew~• Engineering $2,700.00 Assessment 1 200 00 Attendance of_ , . meetings and public hearings 500 00 Field Surveys . 1 320.00 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 and. Bryant, Jehle Jef.feries and Phillips, Architects a.nd Engineers dated the 1st day of Jul hereto and incorporated herein,rthe6same aspthoughhfullyssettforth ' 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 f_or and on behalf of said City. BE IT FURTHER RESOLVED that the sum of $5,720.00 be appropriated from the Unappropriated Reserves of the General Fund for the purpose hereinabove set forth. BE IT FURTHER RESOLVED that the Finance O.f..ficer be, and he is hereby directed to record this Council action in the accounting records of the City. Presented by j_. Lane F Cole, Di t ~ Works °- u lic Approved as to form by ,~s=~~~ George D ind.berq, City Atto A.DO'~TT=I' A"`D P.PPRC?VL'D by the CITY COLfi'CIL of the CITY ('~~ C?'.L'LA ~.~I`,I'E, CAi?FORi'IA, this 1st day of July lQ : - 69 , by the follc~,,zn~ ,,o,`:, to-~~i t A'r ~ : Councilmen. Sylvester, Hamilton, Mc['nrq ,0 1 , McAllister Scott Ay';c = Councilmen. None ~~' ~,"T: Councilmen None ,-'"~ ~ / - ,/ Tiayor of tJ~e Ci v (',~il~. ~; ;ta ~ , ~~~. City Cler?~ S TAT:"' C~-~ CALL FCRPd IA C(`J:-..' ~'F SA DIrGO ) sse CITY ~?F CIiULA VISTA ) i, '_•',T?I'EI"_ ?. CA?`PBFLL, City C7.erk of the City of Chula. "~' - i~tao Cali`~,~ ,_L,a, 1'r '-'F??F~'' CEpTIFY that the above and foregoing is a full, true and corr~_~r_ coo - ;~1 and that the same has not be~a a-;_>-~d~d or r~~~aled, nT~r' Cite Clem: ~r ~~l AGREEMENT FOR THE EMPLOYMENT OF ENGINEER OF WORK Improvement Act of 1911, - Arizona Street THIS AGREEMENT, made and entered into this 1st day of July, 1969, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and BRYANT, JEHLE, JEFFERIES & PHILLIPS, civil Engineers registered under the laws of the State of California as Civil Engineer, and having their office and principal place of business at 8348 Center Drive, Suite "E", La Mesa, California, hereinafter called "Engineer of Work", W I T N E S S E T H WHEREAS, City has initiated proceedings to form an assess- ment district under the provisions of the "Improvement Act of 1911", as amended, being Division 7 of Chapter 27 of the California Streets and Highway Code, for the construction of certain improvements con- sisting of: Paving, Curbs, Sidewalks, Drainage, and other related items of work (hereinafter referred to as the Project) in the area shown on Exhibit "A", attached hereto and made a part hereof by reference, and WHEREAS, the Director of Public Works of the City of Chula Vista (hereinafter referred to as Director) has recommended that the City employ said Engineer of Work to perform the duties of engineer of work as specified in said Improvement Act except as otherwise provided in this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, it is agreed by and between the parties hereto as follows: 1. EMPLOYMENT OF ENGINEER OF WORK. That Engineer of Work is hereby employed by City as engineer of work to perform all of the professional services hereinafter defined and described in con- nection with the Project, and that said Engineer of Work shall be paid by the City for his services as engineer of work the compensation hereinafter set forth, and said Engineer of Work does hereby agree to do and perform said services hereinafter defined and set forth for the compensation hereinafter fixed, 2, DUTY OF ENGINEER OF WORK. The Engineer of Work shall, in a good, workmanlike and professional manner and at his own cost and expense, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, land surveys and water and ground water surveys, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by City, necessary or proper to perform and complete the work and provide the services required by the Engineer of Work by this Agreement. 3. WORK REQUIRED OF ENGINEER. Engineer of Work agrees to do and perform the work as follows: (a) Furnish all necessary preliminary engineering work, including field survey work and office computations in connection with the preparation of engineering plans and specifications for the Project, -1- ~~~~ (b) Perform all engineering services required by the proceedings, including the preparation of all plans, pro- files, cross sections, drawings, specifications, bid pro- posal forms, instructions to bidders, and other engineering data and services required to complete the Project to the complete satisfaction of and subject to the approval of the Director, (c) Prepare at his sole cost and expense, and without charge to City or to the Project, all plans, specifications and-other documents made necessary by reason of any error or substantial omission of the Engineer of Work. (d) Prepare in accordance with the Engineering Depart- ment of the City of Chula Vista standards and forms, a right- of-way map, and legal descriptions of parcels of land, easements, and rights-of-way, the acquisition of which is necessary for the construction of the Project. (e) Obtain any permits and approval of plans, specifica- tions and contract documents by all persons and public agencies required by any Federal, State or local law or regulation, (f) Analyze bids received by the City and make recom- mendations to the City Council, subject to the approval and concurrence of the Director, as to the award of a contract or contracts for construction of the Project. (g) Prepare and post all notices of improvement, as required of L•ivision 7, Section 5190 through Section 5193 of the Streets and Highways Code of the State of California. (The printing of the notices shall be provided by City as hereinafter specified.) (h) Furnish all necessary staking for construction, and preserve or reset any existing public or private sur- vey points or monuments likely to be disturbed or destroyed by the proposed construction. (i) Prepare the assessment diagram, provided that the Engineer of Work shall not commence preparation of such diagram until after the execution of the contract for con- struction of the Project. (j) Prior to spreading the assessment and preparing the assessment roll, the Engineer of Work shall include incidental costs and expenses in the cost of the Project and assessment, Prior to including such incidental costs and expenses the Engineer of Work shall obtain from Director a statement of incidental costs and expenses of City and of any special district to be included. (k) Spread the assessment and prepare the assessment roll; provided that the Engineer of Work shall not commence preparation of the assessment roll until after the execution of the contract for construction of the Project. (1) Be responsible for the execution of all engineering design, including changes in work and necessary change orders or change order drawings. (m) Meet with City officials when requested by them, and appear and testify at all public hearings held in con- nection with the Project or Improvement Act proceedings, including the hearings on the Resolution of Intention and the Assessment. -2- :~ ~~~~ (n) Provide Director with plans showing "As-Built" conditions together with a reproducible copy of the con- struction specifications. (o) Furnish all plans, profiles and cross sections on mylar or on .such other material as may be approved by the Director, and furnish all specifications, bid Droposal forms, instructions to bidders, assessment diagram and assessment roll on such material and in such reproducible form as may be specified by the Director. 4. PERFORMANCE TO SATISFACTION OF DIRECTOR. The Engineer of work agrees to perform all work to the complete satisfaction of Director, and within the time hereinafter specified, or, if no time is specified, within a reasonable time. 5. TIME FOR COMPLETION OF WORK; EXTENSIONS. The Engineer of Work shall diligently prosecute the work and shall complete all necessary field survey work and the preparation of all plans, pro- . files, cross sections, drawings, specifications, bid proposal forms and instructions to bidders within ninety (90) calendar days after the Engineer of Work receives written authorization from Director to proceed with the work. The Engineer of Work shall diligently prosecute and complete all other-work within a reasonable time. Any delay occasioned by causes beyond the control of the Engineer of Work or by the necessity of obtaining the required approvals of the plans, specifications, and contract documents, shall be reason for the granting of an extension of time for the completion of the aforesaid work. When such delay occurs, the Engineer of Work shall immediately notify the Director in writing of the cause and of the extent of the delay whereupon the Director shall ascertain the facts and the extent of the delay and grant an extension of time for completing the work when, in his judgment, his findings of fact -justify such an extension of time, The Director's findings of fact shall be final and conclusive on the parties hereto. 6, OWNERSIiIP OF DATA, REPORTS AND DOCUMENTS. The Engineer of Work shall deliver to the Director, as the work is completed, all notes of field surveys made, all reports of tests made, studies, reports, plans, drawings, specifications, contract documents 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, specifications and contract documents and .other materials and documents shall be the property of the City; provided, however, that in the event the City uses any of the data, reports and documents furnished or prepared by the Engineer of Work for a project or projects other than the project shown on Exhibit "A", the Engineer of Work shall be released from any responsiblity con- . cerning the use of said data, reports and documents on said other project or other projects, and that the Engineer of Work may retain copies for his own use, 7. DIRECTOR TO REPRESENT CITY. The Director or his desig- nested representative shall represent the City in all matters pertaining to services rendered pursuant to this Agreement and shall administer this Agreement on behalf of the City, 8. WORK TO BE PERFORMED BY CITY. On its part, the City agrees to do and perform the following work at no cost to the Engineer of Work: (a) Furnish copies of all pertinent correspondence, documents, maps, plats or other records and information which could be helpful to the Engineer of Work in his execution of the work required of him. -3- -tea ~~ (b) Write the legal descriptions of parcels of land, easements, and right-of-way, the acquisition of which is necessary for the construction of the Project. (c) Print, post, publish and/or mail all required legal notices in connection with said Project, except to the extent the Engineer of Work is required in Section 3 above to perform such service. Furnish all print notices or other printed material required for the Project. (d) Provide reproductions of plans, profiles, cross sections, drawings, specifications, bid proposal forms and instructions to bidders required for bid and construc- tion purposes. (e) Acquire all land, easements and rights-of-way necessary for the construction of the Project. (f) Furnish detailed engineering inspection of all construction work, except to the extent that the Engineer of Work is expressly required by this Agreement to pro- vide inspection of such construction work. (g) Furnish all legal services required for the preparation of notices, resolutions, contracts and other documents in connection with said Project. 9. ENGINEER OF WORK'S FEE. The City hereby agrees to pay the Engineer of Work, as full compensation for his services as such engineer of work upon each portion of the project which is completed and not abandoned, a sum of money equal to: (a) A sum of money in the amount of $2,700.00 for engineering services as described herein except for those portions pertaining to soils investigation, surveying, to the assessment, and to meetings and public hearings. (b) For all engineering services described in Section 3, pertaining to assessment the Engineer shall be paid in accordance with the herein established Schedule "A", with a maximum amount not to exceed $1,200.00. (c) For all Engineering services described in Section 3 (m), pertaining to meetings and public hearings the Engineer shall be paid in accordance with the herein established Schedule "A", with a maximum amount not to exceed $500.00. (d) For all surveying services-described in Sec- tion 3, the Engineer shall be paid in accordance with the herein established rates with a maximum not to exceed $1,320.00. Payment is to be determined at the rate of $224.00 per day ($28.00 per hour) for a two-man field party; $304.OOper day ($38.00 per hour for a three- m.an field party; survey supervision at the rate of $18.00 per hour. In the event rates for surveying services are increased during the life of the contract due to labor negotiations, the corresponding rates herein shall be increased in accordance with the rates established in said labor negotiations and the maximum shall be increased an equal prorata basis. (e) Said compensation as established in Paragraph9(a) shall be paid to the Engineer as follows: -4- ;, ~-~-~ ~~ Eighty percent (80%) upon Director's approval of plans and specifications; ten percent (100) of fee at the time of execution by the City of the contract with successful bidder; final ten percent (10%) of fee upon delivery of "As-Built" plans. (f) Said compensation, as established in Paragraph 9 (b), (c) and (d) shall be due and payable monthly commencing from within thirty (30) days of execution of this Agreement. (g) Schedule "A" CLASSIFICATION RATE PER HOUR Professional consultation $25.00 Supervision, project and design time 18.00 Design Engineer other than principal 16.00 Computor 15.00 Draftsmen 13.00 Electronic calculator equipment 20,00 10. DEFAULT OF ENGINEER OF WORK. This Agreement may be terminated for default if the Engineer of Work breaches this Agreement or if the Engineer of Work refuses or fails to prosecute the work under this Agreement or any phase of the work, with such diligence as will assure its completion within the time fixed for completion, if a fixed time is stated, or within a reasonable time if no fixed time for com- pletion is stated, Termination of this Agreement because of a default of the Engineer of Work shall not relieve the Engineer of Work from liability for such default. 11. PAYMENT UPON DEFAULT OF ENGINEER OF WORK. In the case of termination of this Agreement for default of the Engineer of Work, the Engineer of Work shall be entitled to payment of the reasonable value of the work and services he performed after execution of this Agreement and prior to its termination, less the aggregate of all sums previously paid to the Engineer of Work for work and services performed under this Agreement and less any increase or additional costs of expenses incurred by and any damages suffered by the City by reason of such default. 12. CITY'S RIGHT TO TERMINATE; PAYMENT. (a) Notwithstanding any other section or Drovision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. (b) In the event of termination of this Agreement by the City in the absence of default of the Engineer of Work, the City shall pay the Engineer of Work the reason- ablevalue of the services actually performed by the Engineer of Work up to the date of such termination, less the aggregate of all sums previously paid to the Engineer of Work for services performed after execution of this Agreement and prior to its termination. (c) The Engineer of Work hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth in this section, in the event of such termination, 13. TERMINATION; DELIVERY OF DOCUMENTS. In the event of termination of this Agreement, and upon demand of the Director, the Engineer of Work shall deliver to the Director all field notes, surveys, studies, reports, plans, drawings, specifications, contract documents and all other materials and documents prepared by the Engineer of Work in the performance of this Agreement, and all such documents and materials shall be the property of the City; provided, however, that the Engineer of Work may retain copies for his own use, 14. MODIFICATIONS OF AGREEMENT. This Agreement may be amended by reason of changes in the scope of the Project as described herein and the amount of any adjustment (increase or decrease) shall be determined by negotiations to the mutual satisfaction of the Director and the Engineer of Work and approved by the City Council. 15. INDEMTdITY. The City, its agents, officers and employees, shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatso- ever, nor for personal injuries to or deaths of them or any of them, whether caused by or resulting from any acts or omission of the Engineer of Work, or his agents, employees or representatives, not including liability by reason of acts or omission caused by the City, its agents or employees, the Engineer of Work further agrees to indemnify and save free anc: harmless the City and its authorized agents, officers and employees against any of the foregoing liabilities and any cost and expenses incurred by the City on account of any claim therefor, including claims by reason of alleged defects in the plans and specifications; and in the event that a court of competent juris- diction should determine that the City has no authority to provide by agreement for the performance of the hereinabove set forth pro- fessional services, or any of them, the Engineer of Work nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that the Engineer agrees to indemnify and to save the City harmless from all claims arising by reason of the work done by the Engineer of Work, IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the date first above written. THE CI~'Y OF CHULA VISTA ENGI R OF W K ~. ~ yor of the ~o Chula Vista Bryant, Jehle, J eries & Phillips _ 8348 Center Drive, Suite "E" ATTEST~"~ ~ La Mesa, California . c ~~ Clerk Approval Recommended by Lane F. Cole, Director o Public Works Approved as to f by a,(~'C~ George D. ndberg, City Attorn -6- i S~-. ~-~'~~i~