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HomeMy WebLinkAboutReso 1952-1367 RESOLUTION NO .. , 1467 t . RESOLUTION OF THE CITY COUNCIL OF , , f , T E;rCI,TY DF CHjJLA,,VISPA, CALIFORNIA, . l , PkOVfliG.'�AND ORDERING EXECUTION OF A ' NTRACT EMPLOtI TG AND APPOINTING AN E G.INEER OF WORK FOR CERTAIN PROPOSED , , S TA' WQRKt. v, 1 , ^ ;. !. i « s • . r vti1 , is . WHEREAS`, the City of Chula Vista 'contemplat,es the construction, of certain curbs, 'Otters, sidewalks , paving , . , and storm drains, on Nat; tonal Avenue, G Street, Hilltop Drive; D Street and others streets in said City under and pursuant- to the Improvement Act of 1911; and , "WHEREAS, it IA desirable and public inter.ebt requires that F. S. Currie of San Bernardino, California, be,. employed to render engineering services and appointed Engineer of .Work for 'said street .wark and an agreement covering, said . t . services 1s been presented to this City Coun9i:1. NOW, THEREFORE, the V.i:ty Council of the City of ," , , .il Chula Vista* :California, DOES fEREBY`RESOLVE, DETERMINE AND ORDER as follows: , ' ' 'Section 1. • That said *proposed agreement with F. S. Currie be' and the ,same is hereby approved for and on behalf of , the city of -Chula, Vista and the Mayor is h'ereby`°authorized..V .and ' ' directed- to sign said agreement, the City Clerk to ,attest and date the same this 21st day of October, 1952;, the compensation for all services under said agreement shall be and is 'hereby, fixed and payable as provided in said agreement. , . • . . . ° . • '3. • .' e 1: b F •, ,i n `Sr is i ' y +. �A t. a 5 ke P x t • , 4t ,i v ,f r l , Y .� . • • • Section 2; That as provided in said agreement, F. S. Currie is hereby employed and appointed Engineer of Work for said proposed street work, and as such Engineer of Work shall furnish the services mentioned in said agreement and sigrl all certificates and other, documents required to be furnished by said, Engineer of Work and shall keep all records, required to be kept by said Engineer of Work. . ADOPTED, SIGNED AND APPROVED this 21St day of October, 1952. Mayor of t e y of Chula Vista, California ATTEST: t C leer k o t i -�- �`4`P ' `' y a r�� 3�' °� .. Chula Vista,' California (S* Lp ) 4 , : .t t °A, � � •1 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO' ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said city and was approved by the Mayor of said city .at an adjourned regular meeting of said City Council held on the 21st day' of ' October, 1952,, and that it was adopted by the following vote, to wit: AYES: Councilmen De olfe, `Hal fertyg Ries]and, ,Lcolia, Flobel 1001%, Councilmen None ' " ABSENT, , . ounci.lmen None ' ks 00:x• Air .t^ e46t 0 w /_ C ty Cler o t -' City of (SEAIi`)i. :�±. T, Chula Vista, California 2. A G R E E M I N T THIS AGREEMENT, made and entered into this ,G ,S h/(day of Cc2o6 e - 1952, by and between the CITY OF CHUFF. VISTA, Coutaty of San Diego, State of California, a municipal corporation, (hereinafter sometimes referred to as "the City"), and F. S. CURRIES, a registered civil engineer under the laws of the State of California, with offices. at 219 Andreson Building, Ban Bernardino, California, doing business under the firm name of Currie Engineering Company, (hereinafter aonetimec referred to as l'Engineer"); • W T NE S - T EREA.B, the City contemplates the construction of certain curbs, gutters, sidewalks, paving, storm drains and . appurtenances and appurtenant work under the Improvement Act of : 1911 in that portion of the City between National Avenue and Hilltop Avenue from G Street to a line approximately 150 feet northerly of and parallel with D Street and its easterly pro- longation, in that portion of the City between National Avenue and a lino approximately 800 feet easterly of and parallel with Avenue Fifth Strent from a line approximately 150 feet northerly of . and parallel with. D Street to a line approximately €300 feet northerly of and parallel with said D Street, and in that portion of the City between National Avenue and 1`oodlawn Avenue from Flower Street to Orange Street; and WHMREAS, the City dealrep to employ said Engineer to furnish the aervicos hereinafter mentioned at and for the cam- pensation hereinafter stipulated, and said Engineer desires to • • render said services at and for said compensation; I4Off* BEFORE* IT IS AGREED by and between the parties hereto act followst 10 The City hereby employs said algineer and appoints him "Engineer of Fork" on said work and improvement to turnitch the aorviees hsreinaftexr mentioned at and tor the compe neation • herein stipulated* and said Engineer accepts said employment • and appointment upon the terms herein stated* Said Engineer further agrees that at all tiu eu he will keep the City Engineer and the city coineil of said city fully advised concerning the pro ress of the work and of the cervices hereinafter mentioned'. 2* The Engineer agrees to furnish to the City the following work and services: • (a) All field surveys neeessary to establish both the line and grade for the proposed i mprove€ sn is* including but not limited to tie relocation and resetting; of all tut- aoum or missing street intersection monuments within the area* (b) Ascertaining the nature* location* extent and elevation of all existing street improvements and recom. . . . mending to the City council whether or not such existing improvements should be removed or incorporated into the proposed construction program* (c) rurnishing of complete detail plans and specifi- cations showing and describing all of the work recommended by the Engineer to be done,* together with accurate estimates of the cost of each and all types of construction, These plans and specifications shall be of sufficient detail so that proceedings may be undertaken by the City under the • 2. Improvement Act of 1911 and the special Assessment Investi- gation* Limitation* and Majority Protest Act of 1931. (d) The preparation and furnishing of the necessary sets of the final assessment diagram for preparation of the assessment,* This shall not include the preparation or spreading of the asaouSment, the printing and issuance of the bonds, nor any stationery appurtenant thereto# • (o) The furnishing of twenty (20) complete sets of blueprint€3 of the detail plans and forty (40) sets of specifications for the proposed improvements. The cost of blueprinting any additional sets of plans or specifics- Lions shall be paid by the City* (f) Attendance at such conferences end City Council meetings as may be necessary to furnish assistance and advice on any features of the proposed improvement* includ- ing but not limsited to the advertisement for bids* receiving • of bids* and awarding of the contract for the construction of said improvements, • (g) Complete supervision and inspection of the con -. . struction Of the work* including all surveying and field work necessary to establish line and grade* the complete inspection of all materials and work*, and the Furnishing at necessary testa or materials used. in tine construction work, The tarnishing of said tests does not include teats of pre-mused or transit-mixed materials proportioned sway • • rrom the site of the works the specifications to be prepared • by the Btngineer will require that ire materials are not proportioned or mixed on the site, the Contractor will • at his own expense be required to furnish to the City certificates of a responsible testing laboratory that such • ::. : 3. . . materials meet the requirements of the specifieatione. (h) All services of an engineering nature required to successfully engineer tbe planning and canetrsotton of the - proposed improvements, including the furnishing of all • office and field engineering auppltea, equipment and trans.. portation, excepting the furniebing of tests on offsite proportioning of material, spreading of the assessment and the preparation of the legal proceedings. Upon completion of the work, the Engineer will prepare and furnish to the City a complete itemized list of the exact . : amount of work completed by the Contractor, together with the accurate cost of the same, a certification that all of the work has been dome in accordance with the plans and specifications and to the satisfaction of the Engineer. P 1 The Engineer understands and agrees that the final determination as to the nature, location and extent of all or any part of the improvements. to be constructed or of all or any part of the existing improvements to be removed or incororated into the eons truetion program shall be made by the City Council of said city. 3. The City agrees to make payment to the Engineer for the above described services at the following times and in the following amounts: (a) A sum equal to eight and one'half per cent (8-l/2 ) of the net construction costa of all work constructed in acaorrdance with the plans and specifications. Said sum • shall be payable in two installments at the following time and in the following amounts; The first installment shall be payable immediately after the signing of the contract 40 • for the construction of said improvements, end shall be a Gum equal to four and one-half yr cent (44%) of the estimated cost of the construction, baced upon the prices sot forth in said construction contract* The second • installment shall be payable immediately after the delivery of the warrant an4 assessment to the Contractor, or his aesi nee, and obeli b . eight and one-half per cent (8) of the net coast rc ction cost lase all previous payments made . to the Engineer. by the City. (b) In the cevsnt that the proceedings shall be abandoned•is their entirety prior to the completion of the detail plan i and ap ci icwtion , the 4ty aha ll pay the Sngineer the azonnt of acts.;- 1 coots incurred by said iingineer its rendering services prior to the date of abandonnent, plus an additional $um •dual. to YLtty per cent, (.5OO) of said actual coat, but not t3 exceed four and one a1f per dent (4ki) of the estimated octet of nonstraction, Said aagneer Shall subA;it to the City a statement showing the nerviest rendered mad the actual. .cost thereof, together with ,aid additiocial. #'.m ec :i. to :ifty per cent (5O4) of said actual Cost, (c) In the event that the proceedings shell be abandoned in their entirety after the completion of the detail plans and specifications, the City shall .; y the Engineer an amount equal to four and one-half per vent (4%) of the estimated cost of construction. The eetiMated cost of construction shall be based upon co letruction costa prevailing at the time of abaudonmenti. (d) a..f after completion of detail }ems and specifics. tions, only a portion of the torte provided therein shall, be constructed, the Engineer obeli. be entitled t© compensation • for all work constructed in accordance with the provisions of subparagraph (a) hereof* and said Engineer shall be entitled to compensation for any work provided in said plans and specifications but not constructed in accordance with the previsions of subparagraph (c) hereof* • In the event that the Engineer shall be entitled to compensation under subparagraphs (b)* (c) or (8) hereof by reason of partial or complete abandonment of the wank or proms ceedings* the Engineer shall submit to the City a statement . setting forth the amounts of compensation claimod to be due said. Engineer by reason of said abandonment* Said statement . ' shall be in sufficient detail so that the basis for determining or computing the amount of compensation may be ascertained from • the face thereof* If the City Engineer of the City approves the amount of compensation sot forth in said statement* said compensation shall be payable to the Engineer within thirty (30) dale from the date of procentation of said claim to the City'* If the City Engineer of said City disapproves the amount of compensation set forth in said statement* the Engineer may accept each amount of compeesation as the City Engineer determines to be cawing hereunder , and eocsptcnce of said amount smell be deemed full payment of the Engineer's claim* or the Engineer may have the amount of compensation determined by arbitration* • If the Engineer *than elect to have tie matter determined by arbitration* he shall give the City written notice demanding arbitration* The de Mend for arbitration. *hall atato the name of an arbitrator appointed by the Engineer. Not lister than the day following the net regular rooting of the City Councils the City X11 appoint one arbitrator* The two arbitrators thus appointed shall not later than five (5) days after the appointment of the second arbitrator select a third arbitrator, Tbe decision of any two of said three arbitrators on the amount ,of the compensation 6. • • due and owing the Engineer shall be final and binding upon • the parties hereto: he compensation determined by said arbitrators shall be payable by the City to the Engineer neer within thirty days of the date of said determination° It is here's agreed by the Engineer that the • City may in its discretion require the Engineer to render • serticaa called fors in Paragraph 2 hereof with respect to • territory within the City bat outside the territory deacribed • in first paragraph of the recitals hareots or with respect to • street improvemente of a different nature or type tban those described in said t.trat paragraph of the citals° In the event the City requires such additional services° the Engineer Shall be entitled to compensation therefor' at the time and in the manner provided in paragraph 3 hereof.' •• IN WITNESS W OF, this agreement has been executed on behalf of the City by its officers thereunto duly authorized and executed by the Engineer the data and year first above mentioned CITY OF cau ti. 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