HomeMy WebLinkAboutReso 1990-15468RESOLUTION NO. 15468
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
FRASER ENGINEERING, INC. FOR DESIGN ENGINEERING SERVICES
REQUIRED FOR STREET AND DRAINAGE IMPROVEMENTS ALONG THE
NORTH SIDE OF MAIN STREET FROM I-5 TO INDUSTRIAL
BOULEVARD, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the engineering firm of Fraser Engineering was selected to
design street improvements along the north side of Main Street from I-5 to
Industrial Blvd. based on their fee for services and rank established by the
prequalified list of consultants approved by Council, and
WHEREAS, staff has reviewed both the fee proposal and a proposed
schedule for the project and recommends the contract to design street and
drainage improvements along the north side of Main Street from I-5 to
Industrial Blvd. be awarded to Fraser Engineering in accordance with Council
Policy 102-03.
NOW, THEREFORE, the City Council of the City of Chula Vista finds
in accordance with Chula Vista Municipal Code Section 2.56.070 that
competitive bidding would be impractical.
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 FRASER ENGINEERING, INC. for design engineering
services required for street and drainage improvements along the north side of
Main Street from I~5 to Industrial Boulevard, dated the 23rd day of January,
1990, 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 Mayor 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
~r of Public Works
hn .
Approved as to form by
Resolution No. 15468
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of January, 1990 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
McCandliss, Moore, Malcolm, Nader, Cox
None
None
None
Greg~ry,~...~ox ',~M~yo~r('
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15468 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 23rd day of
January, 1990.
Executed this 23rd day of January, 1990.
Resolution No. 15468
Page 3
AGREEMENT FOR DESIGN ENGINEERING SERVICES
BETWEEN CITY OF CHULA VISTA AND
FRASER ENGINEERING, INCORPORATED
THIS AGREEMENT iS made and entered into this 23rd day of
January , 1990, by and between the CITY OF CHULA VISTA,
CALIFORNIA, a public corporation, hereinafter referred to as
"City", and FRASER ENGINEERING, INCORPORATED, a California
Corporation hereinafter referred to as "Consultant," whose
address is 2191 E1 Camino Real, Oceanside,-California, 92054,
covers certain professional engineering services in connection
with City of Chula Vista street improvements for the north
side of Main Street between Interstate 5 (I-5) and Industrial
Blvd.
RECITAL
A. WHEREAS, the existing north side of Main Street is
unimproved between I-5 and Industrial Blvd. and is below
City standards.
WHEREAS, the City desires to proceed in a timely manner
with the construction of this project and lacks sufficient
resources to design the project in a timely manner.
C. WHEREAS, the City requires engineering design services.
WHEREAS, the Consultant represents that it is qualified, it
has personnel and facilities available necessary to
accomplish the work within the required time, and
Consultant desires to undertake the same.
WITNESSETH THAT, in consideration of the recitals and mutual
obligations of the duties as herein expressed, City and
Consultant agree as follows:
SECTION 1
SCOPE OF WORK
The General Scope of the improvement project is to construct
standard curb, gutter, sidewalk, driveway approaches, paving,
replacement of deficient structural sections; and replacement
of inadequate drainage facilities. Consultant agrees to
provide and be responsible for design of the street
improvements to be constructed, along north side of Main
Street from Industrial Blvd. to I~5 to conform to City of
Chula Vista Standards as set forth in the Subdivision Design
Manual and shall include the following tasks:
Resolution No. 15468
Page 4
Design of street improvements along the north side of
Main Street from I-5 to the east side of Industrial Blvd.
which shall include curb, gutter, sidewalk and driveway
approaches designed to meet the current street design
standards classified as a four lane major.
Consultant shall conduct a drainage study based on City
of Chula Vista criteria as presented in the subdivision
manual. The study shall contain the following:
Determination of drainage basins contributing storm
runoff to the project site.
Calculation of flows for 10 year and 50 year
frequency events.
Preliminary design of facilities needed to provide
underground drainage for the project site.
Design of underground storm drainage facilities to
current City Standards; new drainage facilities shall
extend easterly to provide drainage for the area just
east of the railroad tracks.
Relocation and/or modification of the existing traffic
signal facilities on the north west corner of Main Street
and Industrial Blvd; including coordination with the
City of San Diego Traffic Department. Splicing of the
new and existing wires or cables shall not be permitted.
Consultant shall provide
consisting of the following:
construction
surveying
1. Stake-out curbline and face of curb (one time)
2. Stake-out storm drain (one time)
3. Blue-top subgrade (one time)
4. Blue-top grade (one time)
Consultant shall be available during the construction
phase to resolve any design conflicts that occur during
construction;
In addition to the above tasks, the Consultant shall be
responsible for the following:
Coordination of design of utility relocation if it
is necessary. Location of all utilities shall be
shown on final design plans;
Resolution No. lb408
Page 5
Preparation of final opinion of construction costs,
bid documents and construction contracts. The City
shall provide a sample set of plans and a sample set
of specifications to demonstrate the format that is
desired for the final plans and specifications. The
City shall also furnish all required boilerplate
sheets pertaining to the project specifications and
shall compile and reproduce all bid documents;
Traffic control plans during construction shall be
based on "Manual of Traffic Controls," "Work Area
Traffic Control Handbook," and standard traffic
control plans in the State Standard Plans, January,
1988;
Striping plans for 'final design and temporary
striping in coordination with the traffic control
plans for construction;
Replacement of any property monuments or benchmarks
destroyed during construction as a result of
construction. Consultant shall prepare and file all
required corner records;
Consultant shall obtain any permits or permission
necessary to enter private property as required to
perform the work.
Final design plans shall be submitted on D-sheet size
mylar with the City of Chula Vista standard title block
at the following scales: Horizontal 1"=20'; Vertical
1"=2'.
Perform design field surveys to pick-up additional
utilities and other features not shown in the aerial
mapping provided by City; additional cross-sectional
surveys at other locations than the 50-foot stations
provided by City and field surveys necessary for
verification of drainage basins. The task includes
incorporation of this additional field data onto the base
drawings provided.
Design of retaining walls, relocation design of existing
sprinkler and landscape lighting systems.
Preparation of "as-constructed" drawings.
Design of street lighting
Main Street to match and
the south side.
system on the north side of
complement street lighting on
Resolution No. 15468
Page 6
SECTION 2
Authorization, Progress and ComDletion
Upon execution of this agreement by both parties hereto
Consultant will be authorized and directed to proceed with the
preparation and completion of tasks as provided in Section 1
of the Agreement. Consultant shall proceed with the work
immediately upon authorization and prosecute the work
diligently to completion.
The following schedule for the basic design services is
proposed:
Presentation of Hydrology. Study and Conceptual design
plans (10% Submittal) prior to preparation of the final
design documents: three (3) weeks from notice-to-proceed
or receipt of complete City base plans, whichever is
latter.
2. Presentation of 75% submittal documents within four (4)
weeks of approval of 10% submittal comments.
3. Presentation of 100% submittal documents within two (2)
weeks of receipt of 75% submittal comments.
Presentation of Final submittal documents within one (1)
week of receipt of 100% submittal comments.
The tasks specified in Section 1, excepting therefrom tasks E,
F, G-3 and K shall be completed within sixteen (16) weeks of
authorization including review by governmental agencies.
All services shall be completed by June 30, 1991 unless
extended pursuant to this section.
It is estimated that governmental review for this project will
take a total of five (5) weeks. Should the governmental
review time extend over this amount, the specified consultant
design time period shall be extended.
SECTION 3
Liquidated Damaqes
It is a~knowledged by both parties that time is of the essence
in completion of this contract. It is difficult to estimate
the amount of damages resulting from delay in performance.
The parties have used their best judgement to arrive at a
reasonable amount to compensate for delay.
Resolution No. 15468
Page 7
Failure to complete the tasks specified in Section 1 within
the allotted time period specified in Section 2 shall result
in the following penalty: For each consecutive calendar day
in excess of the time specified for the completion of the
work, the consultant shall pay to the City, or have withheld
from monies due, the sum of $100.00.
Time extensions for delays beyond the consultants control,
other than delays caused by the City, sh~ll be requested in
writing to the City Engineer prior to the expiration of the
specified time. Extensions of time, when granted, will be
based upon the effect of delays to the work and will not be
granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the
work.
SECTION 4
Compensation
The Consultant shall perform the engineering and related
services as set forth in Section 1 for a not to exceed fee of
$42,500 calculated in accordance with the fee schedule
attached. The above fee shall include all expenses required
to complete the tasks set forth in Section 1 which may include
but is not limited to: reproduction and printing; telephone
charges; and automobile mileage.
Consultant will periodically submit invoices to City pursuant
to the attached fee schedule and invoice schedule below.
Periodic payments shall not exceed the percentage of the not
to exceed fee as listed below. Upon completion of
construction of the project, the consultant may invoice for
additional expenses incurred during each phase. Total
compensation for the project shali not exceed the above fee.
% of Description
Work of
Completed Tasks
20
Presentation of Hydrology Study and Conceptual
design plans.
50
Presentation of 75% submittal documents.
90 Presentation of Final submittal documents;
acceptance of design plans by City.
100 Completion of construction period services and
as-builts.
100% TOTAL
Resolution No. 15468
Page 8
In the event a construction contract is not awarded, City
shall compensate Consultant for all work completed up to but
not including construction surveying and engineering support
services (tasks E, F, G-3 and K).
Invoices will show hours and charges for each fee schedule
classification pursuant to the fee schedule attached.
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 balance of 1.5 percent per
month to cover additional handling and carrying costs. Any
attorney's fees or other cost incurred in collecting a
delinquent account will be paid by City.
SECTION 5
Services bY City
City further agrees to furnish to the Consultant, in a timely
manner, such maps, records and other documents and
proceedings, or certified copies thereof, as are available
from City offices and may be reasonably required by the
Consultant in the performance of these services.
Services to include:
Complete geotechnical report adequate for design of all
elements of the project.
Accurate base mapping for the design. Mapping to be made
available on a "DXF" digitized file for use by
Consultant's Autocad system..
3. Accurate base mapping for hydrology study.
Accurate 50-foot cross sectional survey data along entire
roadway to be widened.
All other maps, records and documents required to perform
the basic services.
6. Furnish all documents, make all necessary client
decisions and design reviews in a timely manner.
Provide a single point of Contact for Consultant during
the entire length of contract.
Resolution No. 15468
Page 9
SECTION 6
Conflict of Interest
The Consultant presently has and shall acquire no interest
whatsoever in, Main Street from I-5 to Industrial Blvd., 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 Consultant under
this Agreement. The Consultant shall also be required to
execute the attached statement of disclosure of certain
ownership interests.
The Consultant may not conduct business for third parties
which may be in conflict with the Consultant's
responsibilities under this Agreement. The Consultant may not
solicit any business during the term of this Agreement which
conflict with his or her responsibilities under this
Agreement.
SECTION 7
Termination of Aqreement for Cause
If, through any cause, the Consultant shall fail to fulfill in
a timely and proper manner his obligations under this
Agreement, or if the Consultant 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 Consultant 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, survey,
drawings, maps, reports, and other materials prepared by the
Consultant shall, at the option of City, become the property
of City and Consultant 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 4, hereinabove.
City shall within thirty (30! calendar days of termination
remunerate Consultant for services rendered and costs
incurred., in accordance with Consultant's schedule of fees.
Costs shall include those for services rendered up to the time
of termination.
Resolution No. 15468
Page 10
SECTION 8
Termination for Convenience of City
City may terminate this Agreement at any time and for any
reason by giving written notice to the Consultant .of such
termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such
termination. In that event, all finished and unfinished
documents and other materials described in Section 7,
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, Consultant 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.
Consultant hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as
set forth in Section 4, hereinabove, in the event of such
termination.
City shall within thirty (30) calendar days of termination
remunerate Consultant for services rendered and costs
incurred, in accordance with Consultant's schedule of fees.
Costs shall include those for services rendered up to the time
of termination.
SECTION 9
Assi~nabilitV
Consultant shall not assign any interest in the Agreement, and
shall not transfer any interest in the same (whether by
assignment or renovation), without prior written consent of
City; provided, however, that claims for money due or to
become due to the Consultant 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 10
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
Resolution No. 15468
Page 11
by the Consultant 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.
The City acknowledges the Consultant's plans and
specifications as instruments of professional service.
Nevertheless, the plans and specifications prepared under this
agreement shall become the property of the City upon
completion of the work. The City agrees to hold harmless and
indemnify the Consultant against all damages, claims, and
losses, including defence costs, arising out of any reuse of
the plans and specifications without the written authorization
for the Consultant.
SECTION 11
Independent Contractor
City is interested only in the results obtained, and
Consultant 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 Consultant's final work product
as is completed. Consultant and any of Consultant'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 them shall be entitled
to any benefits to which City employees are entitled,
including, but not limited to, o~ertime, retirement benefits,
worker's compensation benefits, i,njury leave, or other leave
benefits.
SECTION 12
Changes
City may from time to time require changes in the scope of the
services by the Consultant to be performed under this
Agreement. Such changes, including any increase or decrease
in the amount of Consultant's compensation, which are mutually
agreed upon by City and Consultant shall be effective as
amendments to this agreement only when in writing.
Resolution No. 15468
Page 12
SECTION 13
Indemnity
Consultant agrees to indemnify and hold harmless the City, its
officers, agents and employees from and against any and all
claims, costs, suits and damages, including attorneys' fees,
arising from the negligent acts, errors or ommissions of the
consultant associated with the project.
SECTION 14
Standard of Care
Service performed by the Consultant under this Agreement will
be conducted in a manner consistent with that level of care
and skill ordinary exercised by members of ,the profession
currently practicing under similar conditions and in similar
locations.
Consultant will be reporting the findings actually observed
and will not render a professional opinion concerning site
conditions other than those actually observed.
SECTION 15
Insurance
Consultant 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 Consultant has such
coverage under public liability and property damage insurance
policies which the Consultant deems adequate. In addition,
the Consultant will provide the following certificates of
insurance to the City prior to beginning work:
Evidence of Statutory Worker's 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 million 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 to $500,000, unless Errors
and Omissions coverage is included in General Liability.
Resolution No. 15468
Page 13
All insurance carriers shall comply with the items listed
below:
Listing by the State Insurance Commission as a
company authorized to transact the business of
insurance in the State of California.
B. A Best's Rating of "A", Class V, or better.
Where a company is not included in Best's, it must
show by convincing evidence that its financial
responsibility is equal to or better than the rating
set forth in 'b' above.
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 Consultant agree thereto, or
as fixed in a court of law. Should that dispute result in
litigation, it 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.
Resolution 15468
Page 14
IN WITNESS WHEREOF, City and Fraser Engineering, Incorporated
have executed this Agreement on this 23rd day of
January , 1990.
I hereby approve the form and legality of the foregoing
Agreement this 23rd day of January , 1990.
(RJ\FORMS\CONTRRBF.DOC)
'N6INEERIN~
Resolution No. 15468
FRASER ENGINEERING, INC. Page 15
Compensation Rate Schedule
Effective November 1989
Dollars Per Hour
Assistant Engineer
Associate Engineer
Civil Engineer
Senior Civil Engineer
Principal Civil Engineer
Company Principal
Designer
Senior Designer
Principal Designer
Drafter
Senior Drafter
55.00
65.00
70.00
75.00
85.00
95.00
60.00
65.00
70.00
50.00
55.00
INSPECTION SERVICES
Inspector
Senior Inspector
50.00
55.00
SURVEYING
4 - Man Crew
3 - Man Crew
2 - Man Crew
1 - Man Crew
Travel Time - 50% of Hourly Rate
190.00 ·
155.00 *
115.00 ,
80.00
ADMINISTRATIVE SERVICES
Word Processing Operator
Administrative Assistant
30.00
35.00
MISCELLANEOUS SERVICES AND EXPENSES
CADD Equipment Use
Computer Use
Forensic Engineering
EXpert Testimony/Court Appearance
Overtime
Mileage
Subsistence
Outside Services
Materials and Other Expenses
25.00 (1/2 Hr. Min.)
20.00 (1/2 Hr. Min.)
100.00 (4 Hr. Min.)
150.00 (4 Hr. Min.~
Additional 25%
0.35/Mile
Cost
Cost Plus 15%
Cost Plus 20%
NOTES:
1. Hourly billing rate includes overhead, profit, employee fringe
benefits including sick pay, vacation, holidays, social security,
medical benefits, pension, Workman's Compensation and State and Federal
Unemployment Tax. etc. All rates are subject to change as a result of
agreements, salary adjustments and increased business expenses.
~. Overtime will be charged for all non-exempt employees at the basic
;ate plus 25%. Overtime for non-exempt employees shall be billed at
straight time. Overtime is defined as the excess above eight hours on
weekdays, and all Saturdays, Sundays and holidays.
, 4 Hour Minimum