HomeMy WebLinkAboutReso 1968-4850
Fo ~m Igo , 3 ~ 2~
Rev, 8-6~
RESOLUTION NO „ 4850
RESr?LUTTON OF THE CITY COUNCIL OF THE CIT`Y' OF' ::HULA VISTA
A~t'ROVINZ; AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
LAWRENCE, FOGG, SMITH AND ASSOCIATES TO PREPARE STORM
DRAIN PLANS
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
fine City Council of the City of Chula Vista does hereby
resol~re a.s follows
That that certain agreement between the City of Chula Vista,
a municipal corporation, and Lawrence, Fogg, Smith and Associates to
prepare plans and specifications for two capital projects included in
the first phase of the Fogg Report of June, 1964,
dated the 6th day of August 1968 , 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 ~T 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-
Presented, by
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T
r~~_ ; ~-
Lane F. Co],~, Director o is
Works
Approved as to form by
George D. in erg, ity Att ey
ADOP'Z'ED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA;- CALyFORNTAF this 6th day of August , ' 9 68 by the
following vote, to-wit:
AYES:
NAPES:
ABSENT-
ATTEST
Councllmen`~lvester, Hamilton, McCorquodale, McAllister, Scott
Countiilmeri None
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STA°I'E OF CALI~`ORNIA
COUNTY CF SAN DIEGO ss~
CITY OF CHULA VISTA
l., , City Clerk of the City of Chula
Vista, CaliforniaF DO HEREBY CERTIFY that the above is a full, true and
correct copy of Resolution No. and that the same has not been.
amended or repealed DATED
AGREEMED]T
THIS AGREF~f~~I~`I', made and entered into this 6th day of August, 1968, by
and between the CITY OF CHLTL.4 VISTA, State of California, hereinafter referred
to as the CITY and LAtiJRENCE, FOGG, SPfITH AND ASSOCL4TE5, La Iviesa, California, a
California corporation, the officers of which are registered Civil Engineers in
the State of California, hereinafter referred to as the ENGINEER;
WITPIESSETH
b~JHEP~FA5, the CITY desires to develop certain storm drain. facilities described
in the "Special Study of Storm Drainage Facilities", prepared by Lawrence, Fogg
Smith and Associates for the City of Chula Vista, June 196!t, as projects 7b and 7i
on pages 39 and 40 respectively.
WHEREAS, it is the purpose of this agreement to provide for the services to
be rendered by the ENGINEER to the CITY to perform engineering services pertinent
to the project;
NQ~d, TI~REFCRE, in consideration of the premises and mutual benefits which
will accrue to the parties hereto in carrying out the terms of this agreement, it
is mutually understood and agreed as fellows:
ARTICLE I. ENGINEER shall perform all required engineering services as herein
enumerated and pertinent to the above named project consistent with good en-
gineering practice to furnish complete engineering plans and specifications
and cost estimates as follows:
A. Plans, Specifications and Estimates
(1) Preparation of plans, special conditions of the specifications,
estimates cf quantities and costs; right cf way plats; assistance
in securing bids, attendance at bid opening, and analysis of bids.
This work encompasses the detail design and plans of all channels,
culverts, drainage structures and appurtenances.
(a) Engineering plans will be drawn cn linen showing plan and
flow lines, or prof Iles where necessary for detail, to scales
suff icient to show all features of the wor_~: and to enable con-
tractors to submit proper bids. Plans will show existing topo-
graphy; existing and finished grades; structure details; details
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of appurtenances; constructicn materials and other pertinent
features of the work.
(b) Specifications will include special conditions only. The City
will provide the balance of the ccntract documer_ts.
(c) Detailed estimates of quantities and cost.
(d) Engineer will prepare Right of tiuay Plat and legal descrip-
lion for required rights-of-way. The City will perform all other
services required to obtain the Right of LJa;>.
(e) Engineer will furnish consultation and advice during cor_struc-
lion; check shop and working drawings, methods of construction and
construction scheduling; prepare and submit proposed contract change
orders; final inspection review and report to the CITY. This item
does not include full time inspection of any phase or feature of
the work.
B. Additional engineering services - These services include, but are
not limited to the following, and will be performed as requested by
the CITY in writing:
(1) Assistance to CI'PY in negotiations for rights-of-way and loca-
tion of the facilities with other affected public agencies and/or
individuals.
(2) Preparation of forms; submittals; securing approvals; and con-
saltation required by ary governmental agency such as the Housing
and Home Finance Agency including necessary incurred traveling and
subsistence expense and supplies.
(3) Redesign after approval of plans, changes in scope cf work, ser-
e vices during and/or for readvertisement for bids for construction.
C. Exclusions - Speci~rically excluded from the services to be performed
under this contract are payments of any fees required bar public agencies
or utilities, or preparation for and appearance in litigation on behalf
of the CITY, field surveys, construction surveys, material testing,
subsurface investigations, except such of these services as mar be
authorized under "Additional Engineering Services".
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ARTICLE II. The CITY agrees to pay ENGINEER as compensation for the services
stipulated in Article lA the lump sum o= ~620C, and for all additional engi-
veering services ccvered mzder Article 1, Item B, a fee equal to 22 times the
ENGINEER'S direct payroll cost plus printing and material costs at cost to
the EP3GIi~ER plus 10~. Should the services of the ENGINEER be required to
testify in court, he shall receive a fee of $250 per day or any fractional
day thereof that he is required to appear in court.
In computing cost to the ENGINEER or the ENGIPTrER'S direct payroll
costs the following rates for the following classifications of skills shall
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apply:
Draftsman ~1~.G0 - 5.00 per hour
Assistant Engineer 5.00 - 5.70 per hour
Associate Engineer 5.70 - 6.00 per hour
Senior Engineer 5.90 - 7.00 per hour
Principal 9.20 per hour
typist 2. L:5 - 2.90 per hour
the total fees shall be paid in monthly progress payments as follows:
(a) One month after commencement of performance under this agree-
ment, and at -the expiration of each month of performance thereafter,
ENGINEER will certify the percentage of completion, on a form accept-
able to the CITY. A partial payment, computed by multiplying the
total contract price by this percentage, shall be made to ENGIkEER
not later than f fifteen (15) days following receipt by CITY of the
required certificate, provided, however, that not more than ninety-
three (93) percent of the total co?~tract price will be paid through
the completion of the plans and specif ications.
(b) A f final payment of the balance of the total contract price
shall be made to ENGIi~~'ER not later than fifteen (15) days follow-
ing the receipt in proper form, and the acceptance thereof, by CITY
of the "_4s-T~uilt" drawings and final report.
ARTICLE III. C3~dIa~RSHIP OF' DOCUI~~NTS: All plans, studies, sketches, drawings
and specifications supplied as herein required are the property of the CITY
whether the work for which they are made be executed or not. The ENGINEER
shat furnish to the CITY ~ copies for checking of all plans, drawings and
spec i ications. Upon final approval, the ENGINEER shall deliver to the CITY
the originals of all such documents.
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A~TICT~E IU. PROGF.ESS OF THE ~r~ORI.: The ENGLi~1J'EE. will proceed with the work in
a professional and ea~editious manner. The plans and specifications shall be
completed, on or before September 23, 1963.
The EIdGIPdLt~r agrees to provide agencies having jurisdiction, with progress
prints of proposed wor'_. iaithin their jurisdiction so as to minimize the time
required for their approval of the final plans. However, the ENG_TNEER shall
not be held liable for any delays occasioned by such agencies in giving their
approval.
Any delay occasioned by causes beyond the control of the EPIGIT~IEER or by
the necessity of obtaining the required approvals of the plans shall be reason
for the granting of an extension of time for the completion of the work of
this contract. l,'hen such dela~T occurs, the EIdGII~TEER shall notify the CITY
in writing of the cause and of the extent of the delay; whereupon the CITY
shall ascertain the facts and the extent of the delay and extend the time for
completing the work when, in its judgment, its findings of fact justify such
an extension, and its findings of fact thereon shall be final and conclusive
on the parties hereto.
ARTICLE V. ACCESS: The CITY shall assist the EIdGIT~~R in obtaining access
to private propert~r where such access is essential to the prosecution of this
project.
ARTICLE VI. IPTSUI~4NCE: The ENGII~~'ER agrees to maintain iii full force during
the life of this contract the following insurance:
!~. t~dorkmen t s compensation insurance covering the ENGIiVLER' S full
liability under the Llorkmen's Compensation Laws of California.
B. Comprehensive public liability insurance in the amount of Two
Hundred r iffy Thousand Dollars 0250,000) for any occvrrer_ce
resulting in bodily injury to or the death of ary one person, and
in the arriou.nt of hive Hundred Thousand Dollars 05500,000} for an
occurrence resulting in bodily injury to or death of more than one
person.
,.. Automobile property damage liability in the amount cf rifty Thou-
sand Dollars ($50,000),
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D. Propert~r damage liability for other than automobile in the amount
of Fifty Thousand Dollars ($50,00x) each accident, Fifty Thousand
Dollars (550,000) aggregate.
ARTICI" VII. TEFT~!INATION: The CITY may terminate this ccntract at any tune
upon Yaritten notice to the EI~IGINEER. tipon such termination the ENGINEER shall
be paid in full for those phases of .the contract which have been completed,
In the event portions of the work have not been completed, the ENGIl`~'EER shall
be paid the reasonable value of such Z.~JOrk performed prorated upon the percent
of the work completed or as may be determined by applying the per diem rates
of a fee equal tc 2~ times the ENGIiI'EER'S direct payroll cost plus printing
and material costs at cent to the ETGINEER plus 10~, whichever is the greater,
but not to exceed the contract amount for the completed work,
ARTICLE VIII. SUCCESSORS ADD ASSIGPIS: All terms, conditions and provisions
hereof shall i?pure to and shall bind each of the parties hereto, their and
each of their respective heirs, executors, administrators, successors and
assigns. Except as provided otherwise, the EIdGIPdEER shall not sublet, assign
or transfer its interest in this contract without the written consent of the
CITY,
ARTICLE IX. EI'vGIDIEER APID CITY: Each binds himself, his partners, successors,
executors, administrators a_nd assigns, to the other party of this agreement
and to the partners, successors, executers, aaministrators and assigns of such
other party in respect of all covenants of this agreement. Except as above,
neither party shall assign, sublet or transfer his interest ir. this agreement
without the written consent of the other party thereto.
Iid "vJIT'I~'SS I~,~.ERFCF, the parties hereto have affixed their hands and seals at
Chula Vista, California this 6th day of August, 1°6B,
LAZ~IP~ENCE, r OGG, SD~IITH AIdD ASSOCIATES CITY OF CHULA VISTA
Engineer City
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Robert :i. Fogg i ity of Chula Vista alifo a
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