HomeMy WebLinkAboutReso 1969-5277FESOLUTION N0. 5277
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND BRYANT, JEHLE, JEFFERIES AND PHILLIPS, ARCHITECTS AND
ENGINEERS AND AUTHORI7,ING 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 engineers for the performance
of engineering work required to complete the contemplated work under
1911 Improvement Districts f_or the improvement of the alley between
Church and Del Mar Avenues from "E'° Street to Davidson Street, and
WHEREAS, the City Engineer has interviewed qualified Inter-City
Engineers and Associated Engineers, and
WHEREAS, the City Engineer recommends that Bryant, Jehle,
Jefferies and Phillips, Architects and Engineers, could well perform
the duties of the Engineer of Work for the above project in the
shortest amount of time and. will effect a considerable amount of
savings on behalf of_ the City and the property owners involved, and
WHEREAS, the estimated costs of the project are as follows:
Engineering $2,500.00
Assessment 1,350.00
Attendance of meetinq_s and
public hearings 500.00
Field. Surveys 1,320.00
NOW, THEREFORE, BE
of Chula Vista that that
Vista and Bryant, Jehle,
Engineers, dated the 1st
attached hereto and inco~
forth herein be, and the
IT RESOLVED by the City Council of the City
certain agreement between the City of Chula
Jefferies and Phillips, Architects and
_da.y of Juiy 1969, a copy of which is
~porated herein, the same as though fully set
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 said City.
BE IT FURTHER RESOLVED that the sum of $5,670.00 be appropriated
from the Unappropriated Reserves of the General Fund for the purpose
hereinabove set forth.
BE IT FURTHER. RESOLVED that the Finance Officer be, and he is
hereby directed to record this Counci_t action in the accounting records
of the City.
Presented by
~g~ s..
Lane F. Cole, Director o Public
Works
Approved as to form by
r
George D. ind.berg, City Attor
ADQpTFr` AT'D ?PPRC'VFU by the CIT.' COLrn?CIL of the CITv C`F C?'t'LA 5r~ `~Th
CALT_ FORi-IA, this 1st day of __ __ July , lp 69 !-~~ the rollc~:~:in~ ~~ot-~~.
to-~~it:
A~'r": Councilmen. Sylvester, Hamilton, McCorquodale, McAllister, Scott
:'AYE=;.; : Councilmen None
la'.~ :;T: Councilmen None
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Mayor of the City .~L (;',ul~ `I ,ta
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E'.TT~,"T .-K--_-<.-r--,r__<...< r t- ll i?tc '-~ ~7
.-E'i tv Clerk
5 TATS ~? CALI FAR"; IA )
C(?~i.:I`' ~'F SA' DI~'GO ) ss,
CITY QF CHULA VISTA )
I, ~'ET'I'ET'? ~', CA'.•`.PRFLL, City Clerk of the City of Chula Vista, Cal=c;, ~:~,
P~ ?'~~F~'t'' C_T?.pTIFY that the above and foregoing is a fu11, true and corr~cr coo- :~t
anal that the same has r_ot be~~ a-;>r_dcd
or r~n~aled,
t,T~r:
Cite C1er_.-- -~--~
/1
AGREEMENT FOR THE EMPLOYMENT OF ENGINEER OF WORK
Improvement Act of 1911, Alley between Church and Del Mar Avenues,
from "E" Street to Davidson 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 Engineers, 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-
e sisting of:
Paving, Curbs, 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 Gity 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.
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(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 Division 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.
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(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 proposal
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 sixty (60) 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. OWNERSHIP 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-
nated 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.
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(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 $2,500.00 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
$1,350.00.
(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-
man 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:
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~?Sa~~
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
(100) 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 provision 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-
able value 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,
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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. INDEMNITY. 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 and 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.
TH I1I'Y OF CHULA VISTA ENGI ER OF ORK
~i ~~ /%
~' ~. ~~. ~~~-~ ~i~ r -~ ~ Q l'~-C_.
_ yor of the City Chula Vista
Bryant, Jehle, e ~ ries & Phillips
8348 Center Drive; Suite "E"
~ _ ii ,Za Mesa, California
ATTEST" _~t-'~-~--~-~-G~T~~~~
ty Clerk
Approval Recommended by Approved as to form by
i~
Lan F. Cole, Director of Public George D. L' dberg, City Attorney
Works
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