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HomeMy WebLinkAboutReso 1990-15500 RESOLUTION NO. 15500 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH RICK ENGINEERING COMPANY FOR PREPARATION OF AERIAL TOPO MAPS AND CROSS SECTIONS FOR 1-805 IN THE VICINITY OF BONITA ROAD The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, at the November 7, 1989 Council meeting, staff presented a report regarding the possible improvement options to reduce traffic congestion at the Bonita Road/I-805 interchange, and WHEREAS, said report indicated that CalTrans will initiate a Project Study Report to study improving the interchange once they receive from the City traffic data, surveys and topographic mapping information, and WHEREAS, on November 14, 1989, staff prepared a request for proposals to provide aerial topographic mapping services in the vicinity of Bonita Road and 1-805 which was sent to ten firms in the Southern California area who specialize in aerial mapping and a notice was published in the San Diego Union, and WHEREAS, three firms responded: Rick Engineering Co., Airborne Systems, Inc., and Zenith Aerial, Inc, and WHEREAS, on December 20, 1989, a screening committee consisting of engineering staff from the City of Chula Vista, County of San Diego, City of National City and CalTrans held interviews for this project, and based on these interviews, chose Rick Engineering Company as the firm best qualified to perform this work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement with Rick Engineering Company for preparation of aerial topo maps and cross sections for 1-805 in the vicinity of Bonita Road, a copy of which is attached hereto and incorporated herein by reference as if set forth in full. 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 Approved as to form by Resolution No. 15500 Page 2 _ PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of February, 1990 by the following vote: AYES: Councilmembers: Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss, Malcolm ABSTAIN: Councilmembers: None reg~Cox, ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, eeverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15500 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 13th day of February, 1990. Executed this 13th day of February, 1990. ~~6] e~ Resolution No. 15500 Page 3 AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY THIS AGREEMENT is made and entered into this 13th day of February , 1990, by and between the CITY OF CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred to as "City", and RICK ENGINEERING COMPANY, a California Corporation, hereinafter referred to as "Consultant", whose address is 5620 Friars Road, San Diego, California 92110-2596, covers certain professional services in connection with improvement of the Bonita Road/Interstate 805 interchange. RECITAL A. WHEREAS, the City is in the process of preparing deliverables to CalTrans for a CalTrans study for improvement of the Bonita Road/I-805 interchange. In order for CalTrans to proceed with this study, certain topographic information is required along 1-805 in the vicinity of Bonita Road which is not currently available to the City; and B. WHEREAS, the City requires..aerial surveying services to obtain certain topographic information needed to deliver to CalTrans for study of the interchange; and C. 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 SCODe Of Work Consultant agrees to provide and be responsible for the following task: A. Photographic coverage of the area, approximately 1,500 feet wide by 1-1/2 miles long, as shown in attached Exhibit 1. Resolution No. 15500 Page 4 -2- --!~ B. All field surveying and premarking to establish .. horizontal and vertical control points required for the "" aerial photogrammetry. _ C. Consultant shall obtain any permfts or permission necessary as required to perform the work. D. Topographic mapping of the area, as shown in Exhibit 1, at a scale of 1" = 50' with contour intervals of 2 ~' feet. E. Cross sections at 50-foot intervals and at breaks in terrain for the area as_shown in Exhibit 1o F. All work to be done in accordance with CalTrans specifications as specified in attached Exhibit 2. G. Deliverables to the City (to be forwarded by City to CalTrans) as called out in CalTrans specifications in attached Exhibit 2. Additional deliverables to be provided (for the City's use) to consist of one set of 50 scale topographic maps (reproducible ink on "D" sheet size mylar), one set Of contact prints (showing - field control locations), one set of photo index maps, and one copy of CADD digital drawings (and cross sections) for the project on 5-1/4" floppy disks in DXF format compatible with City of Chula Vista's VERSACADD computer system. SECTION 2 Authorization, Progress and Completion 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 ~mmediately upon authorization and prosecute the work diligently to completion. The above tasks shall be completed within nine (9) weeks of authorization subject to timely review by the affected governmental agencies. It is mutually understood by Consultant and City that all tasks as set forth in Section 1 shall be completed no later than April 20, 1990. Resolution No. 15500 Page 5 -3- SECTION 3 Liquidated DamaGes It is acknowledged 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. 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, shall 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 ComDensation The Consultant shall perform the services as set forth in Section 1 for a not to exceed fee of $24,305.00. 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 submit an invoice to City upon completion of the tasks ~et forth in Section 1. Total compensation for the project shall not exceed the above fee. A retention (10% of the total compensation for the project) is to be withheld and paid after completion of the project (and delivery to City of all -'items called out in CalTrans specifications) and approval of the deliverables by CalTr~ns, as well as delivery to City of all additional deliverables to be provided as set forth in Section 1. Resolution No. 15500 Page 6 -4- L i 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 bv Citv 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. SECTION 6 Conflict of Interest The Consultant presently has 'and shall acquire no interest -- whatsoever in the area in the vicinity of the Bonita Road/I- 805 interchange, 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 C~nsultant's responsibilities under this Agreement. The Consultant may not solicit any business during the term of this Agreement which conflict with hi~ or her responsibilities under this Agreement. SECTION 7 ~ Termination of Acreement 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. Resolution No. 15500 Page 7 -5- 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 3, herein above. 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. SECTION 9 Assiqnabilitv Consultant shall not assign any interest in the Agreement, and shall not transfer any interest in the same (whether by assignment~ or novation), 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. Resolution 15500 Page 8 -6- i~ 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 by the Consultant in the United States or in any country without the express written consent of 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. 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, overtime, retirement benefits, worker's compensation benefits, injury 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. 15500 Page 9 -7- SECTION 13 Indemnity Consultant agrees to indemnify and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person and all other claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or claimed to be caused by the negligent acts of Consultant, his agents or employees, and all expenses of investigation and defending against same; provided, however that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. 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 ordinarily 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 c~mpensation 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. Resolution No. 15500 Page 10 -8- -- 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. All insurance carriers shall comply with the items listed below: A. Listing by the State Insurance Commission as a company authorized to transact the business of insurance in the State of California. B. Errors and Omissions insurance carrier shall have a Best's rating of "B", Class V, or better. All other insurance carriers shall have a Best's Rating of "A", Class V, or better. C. 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 o~ the claim, including court costs and attorney's fees. Resolution No. 15500 Page 11 IN WITNESS WHEREOF, City and RICK ENGINEERING COMPANY have executed this Agreement on this ]st day of March , 1990. CIT ULA' VISTA Wal}ace A. Rick .'T'~2 ~ NAME Vice President RICK ENGINEERING COMPANY Agreement this ~_/~' day of ~ , 1990. SM: j g\rb Attachments (RJ\FORMS\AGREEDES.DOC)