HomeMy WebLinkAboutReso 1986-12737 RESOLUTION NO. 12737
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND R. W. BECK AND ASSOCIATES FOR APPRAISAL OF
STREET LIGHTS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
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 R. W. BECK AND
ASSOCIATES for appraisal of street lights
dated the 23rd day of September , 1986, 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 Approved as to form by
J~hn P. ~ip~t~, ~irector of ~omas J. H~¢on, City
~blic Works/City Engineer Attorney ~/
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 23rd d(~J of September
19 86 , by the following vote, to-wit:
AYES: C0unci]members %1alcolm~ McCandliss, Campbell, Moore
NAYES: Councilmembers None
ABSTAIN: C0unci lmembers None
ABSENT: Counci 1 members cox
Ma~ the~ity of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12737
,and that the some has not been amended or repealed
DATED.
City Clerk
crlY OF
CHULA VISTA
CC-660
Agreement for Consulting Engineering Services
for an Appraisal of the Street Lighting Property of
San Diego Gas and Electric Company
Located in the City of Chula Vista, California
Part I - Scope of Services
Paragraph A
Upon receipt of an executed copy of this Agreement and upon receipt
of San Diego Gas and Electric Company's ("SDG&E") Aged Detailed Street Light
Inventory List, R.W. Beck and Associates ("Consultant") will provide the
following service to the City of Chula Vista ("City"):
1. Proceed with the detailed examination of data and documents per-
taining to the street lighting properties ("Properties") including
the street light maps prepared by the City and applicable rate
schedules.
2. Observe approximately 100 street lights for comparison with the
Detailed Street Lighting List.
3. Photograph typical installations.
4. Prepare valuations for the street lighting property to be acquired
based on the original cost less depreciation and reproduction cost
new less depreciation concepts and such other valuation methods as
may be appropriate.
5. Comment upon other recent transactions in which street lighting
equipment was acquired by a municipality in California or in
selected other states.
6. Advise the City of the progress of the studies at least monthly.
7. Prepare a valuation report in draft form setting forth the value
estimates of the Properties as of October 1, 1986 ("Valuation
Date"), together with suitable supporting data, findings and con-
clusions resulting from the foregoing studies and determinations of
elements of value and submit ten copies of the report in confidence
to the City's attorney or other designated person.
8. Meet once with the City and formalize the above draft report and
formulate an opinion of the fair cash value of the Properties based
upon those studies.
9. Submit ten copies of the executed report to the Chula Vista City
Manager or other designated person.
Page 2
Paragraph B
When directed by the City to proceed, the Consultant will:
1o Confer with the City's legal counsel and prepare such exhibits as
may be suggested by counsel in preparation for meeting with of-
ficials of SDG&E.
2. Attend meetings designed to resolve differences of opinions and
leading to a mutually acceptable value of the Properties.
3. Prepare written direct testimony and exhibits as required for sub-
mission to the appropriate court in defense of the opinion of value.
4. Attend court sessions and testify in support of opinion of value.
5. Perform such other services as may be requested by counsel for the
City, including a review of briefs.
Part II - Compensation
For services rendered pursuant to Part I, Paragraph A, above, the
City shall pay the Consultant, upon submission of an invoice following submis-
sion of the draft of the valuation report, a fee of $18,000.
For services rendered pursuant to Part I, Paragraph B, above, the
City shall pay the Consultant, upon submission of monthly invoices, an amount
equal to the actual hours of service furnished multiplied by the product of
the Consultant's established Hourly Salary Cost which includes an allowance
for personnel benefits, and a factor of 2.6. In addition, the City shall
reimburse the Consultant each month at cost for all out-of-pocket expenses
directly chargeable to the work and for computer and reproduction facilities
at the Consultant's then current rates.
Part III - Standard Provisions
The Consultant's Standard Provisions, attached hereto, are made a
part of this Agreement.
Part IV - Special Provisions
Paragraph A - Time of Performance
The Consultant estimates a time requirement of approximately 90
days to provide services of Part I, Paragraph A, and preparation of the draft
report. Unless otherwise advised, the Consultant will consider this document,
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when executed and one copy returned, as notice to proceed with Part I, Para-
graph A and the draft report will be scheduled for completion within 90 days
following receipt of the data requested from the City. No time estimate can
be made for those services that may be performed pursuant to Part I, Para-
graph B.
Paragraph B - Qualifications to Perform Services
The Consultant represents that R. W. Beck and Associates is quali-
fied to furnish the services contemplated herein and as evidence thereof,
warrants that one or more members of the Firm are Professional Engineers
registered to practice in the State of California, are members of the American
Society of Appraisers and that the services provided under this Agreement will
be performed by them or under their direction.
Paragraph C - Acceptance Provisions
The City may signify its acceptance of this Agreement by returning
one executed copy to the Consultant within thirty (30) days.
Dated this 23r6 day of September , 1986.
CITY OF CHULA VISTA R.W. BECK AND ASSOCIATES
David T. Helsby f
Partner
Seattle Office
ATTEST:
By: ~SF_/
~/x/ ..._. J~ APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
PART III - STANDARD PROVISIONS
III.A. Consulting Engineer's Organizations
R. W. Beck and Associates is a partnership and R. W. Beck and
Associates, Inc. is a corporation owned and controlled by the partnership.
Both entities are organized and operated under the laws of the State of
Washington. It is expressly agreed that the partnership may be changed by
addition or reduction in the number of partners or redistribution of the
partnership interests and this Agreement may be assigned to the partnership or
to the corporation. The Consul ting Engineer may assign the compensation from
this Agreement to any other entity.
III.B. Professional Services
1. The Consulting Engineer shall be consultant and advisor to the
Client as an independent contractor and shall not be an employee of the
Client. The Consulting Engineer shall not be an agent or representative of
the Client except that the Consulting Engineer may act as the Client's agent
in providing construction management services to the degree specifically
authorized in Part IV - Special Provisions to this Professional Services
Agreement.
2. The Consulting Engineer represents that the services furnished
under this Agreement will be in accordance with generally accepted
professional practices. Any estimate of cost of equipment, construction,
ownership or operation furnished by the Consulting Engineer shall be the
Consulting Engineer's opinion based upon its professional judgment an
experience, the Consulting Engineer makes no other representation or
warranty, express or implied.
III.C. Change in Scope and Delays
1. If the provisions for payment in this Agreement provide for a
fixed fee or a maximum payment for services, such fee or maximum is for the
Scope of Services described in the Agreement. If the Scope of Services is
modified so that more or less work or time is required, and much modification
is accepted by the Client and the Consulting Engineer, the fee or maximum and
the time shall be equitably adjusted.
2. In the event of delays in or failures of performance of the
Consulting Engineer caused by circumstances beyond its control, the Consulting
Engineer's fee or maximum and the time allowed shall be equitably adjusted,
and such delays or failures shall not constitute a default or give rise to any
claim against the Consulting Engineer.
III.D. Relating to Payment
1. The Consulting Engineer's "Salary Costs" allow for basic salary
and personnel benefits, including: life, accident, disability and medical
insurance; sick leave, holiday and vacation pay; social security, workers'
compensation and unemployment compensation and pension retirement
contributions; and similar employment-related costs. Basic salary per hour
shall be twelve times current monthly salary for employees or current monthly
drawings in lieu of salary for partners, exclusive of overtime, bonus or other
profit participation payments, divided by 2,080.
2. The Consulting Engineer's "Out-of-Pocket Expenses" are those
expenditures made by the Consulting Engineer, other than Salary costs, costs
of reproduction and computer services and costs of Special Consultants and
Subcontractors, which are directly chargeable to the project and which would
not otherwise have been incurred. Such expenditures include, but are not
limited to, transportation, lodging, subsistence, communications, liability
and other insurance premiums when required by the Client in addition to the
types and amounts currently carried Dy the Consulting Engineer, taxes other
than those levied on the profits or net income of the Consulting Engineer,
equipment rentals and repair, and special mailing, forms, materials and
supplies required during the progress of the work. Reimbursement for
out-of-pocket expenses shall be in an amount equal to the cost thereof.
3. "Computer services" as used herein shall mean the use of
electronic computing and information processing equipment, word processing
equipment, data communications equipment, computer software, and related
facilities and services of personnel necessary to operate and maintain such
equipment and facilities. "Reproduction services" are used herein shall mean
the use of printing and copying equipment, photographic equipment, and similar
facilities and services of personnel to operate and maintain such equipment
and facilities. Charges for computer and reproduction services shall be at
the Consulting Engineer's established rates therefor which are in effect at
the time of such usage.
4. In event of the inability or failure of the Client to pay as
agreed, interest commencing sixty days after the date of invoice shall be paid
by the Client to the Consulting Engineer on the last day of each month on all
unpaid amounts due the Consulting Engineer at the interest rate for borrowed
funds then currently available to the Consulting Engineer at the Rainier
National Bank of Seattle.
III.E. Insurance
The Consulting Engineer shall maintain in effect, to the extent that
such insurance is available at reasonable cost, employer's liability,
professional liability, comprehensive general liability (bodily injury and
property damage) and comprehensive automobile liability (bodily injury and
property damage) insurance with respect to employees and vehicles of the
Consulting Engineer assigned to the prosecution of work under this Agreement,
with each policy having maximum limits of not less than $5,000,000, and
statutory workers' compensation protection. Upon written request, the -
Consulting Engineer will supply to the Client a description of such insurance
policy currently in effect, specifying the amount thereof. The Consulting
Engineer will obtain and thereafter maintain in effect, if reasonably
available, such additional insurance as may be requested by the Client, the
cost of which shall be reimbursed by the Client.
III.F. Liability
In partial but specific consideration of the execution of this Agreement,
the Client and Consulting Engineer agree as follows:
1. The Consulting Engineer shall indemnify and hold harmless the Client
and its governing board, officers and employees from all claims, expenses and
liability, following operation of applicable rights of contribution, arising
out of negligent act, errors or omissions of the Consulting Engineer and its
employees of the Consulting Engineer; provided, however, such indemnification
and hold harmless shall not exceed {a) the proceeds of any applicable
insurance required to be maintained by the Consulting Engineer under the
provisions of this Agreement or {b) $250,000, whichever is greater.
2. The Client shall indemnify and hold harmless the Consulting Engineer,
its partners, officers, employees and subcontractors from all claims, expenses
and liability, following operation of applicable rights of contribution,
arising out of negligent acts, errors or omissions of the Client and its
employees.
3. The Client shall limit any and all claims of the Client against the
Consulting Engineer, its partners, officers, employees or subcontractors
arising out of the performance of this Agreement, to an amount not to exceed
(a) the proceeds of any applicable insurance required to be maintained by the
Consultant Engineer under the provisions of this Agreement or (b) $250,000
whichever is greater.
4. The Client and the Consulting Engineer shall not be liable to each
other in any event for interest (except as otherwise provided); loss of
anticipated revenues, earnings or profits; increased expense of operations;
loss by reason of shutdown or non-operation due to late completion or
otherwise; and consequential damages.
5. In any and all claims involving an employee of the Consulting
Engineer or the Client, the indemnification obligation under this paragraph
entitled "Liability" shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable under workers'or
workmen's compensation acts, disability benefit acts or other employee benefit
acts.
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III.G. Suspension or Termination of Services
The Client or the Consultin§ engineer may suspend or terminate any or
all services covered in this Agreement at any time upon written notice in
which event the Client shall pay the Consulting Engineer upon submission of
invoices for all services rendered and expenses incurred to the effective date
of such suspension or termination.
III.H. Construction Contractor's Performance and Safety
The Consul ting Engineer shall not be responsible: for safety on the
Client's premises on project site, except for the safety of personnel of the
Consulting Engineer, its Special Consultants and Subcontractors; for providing
or assuring a safe place for the performance of the construction contractor's
work; for safety precautions, programs or equipment; for construction means,
methods, techniques, sequences or procedures; or for the construction
contractor's failure to perform the work in accordance with the Contract
Documents.
III.I. Disposition of Documents
1. Upon completion of the services provided under this Agreement,
the Consulting Engineer shall deliver to the Client one copy of all Reports,
Specifications and Contract Documents and one transparency of each of the
Drawings. The originals of all Reports, Specifications, Drawin§s and Contract
Documents shall be retained by the Consulting Engineer and upon request by the
Client, t~e Consulting Engineer will furnish copies to the Client at actual
cost of duplication and mailing. If such Reports, Specifications, Drawings or
Contract Documents or reproductions thereof, or any other items relating to
the services of the Consulting Engineer are changed in any way or used by the
Client for any other project or purposes, the Client shall indemnify, defend
and hold harmless the Consulting Engineer from all loss, damage, liability or
expense arising out of such change or use.
2. Except as specifically provided to the contrary in this
Agreement, all computer programs, computer code and documents related thereto
("computer software") developed by or used by the Consulting Engineer in
conjunction with the Consulting Engineer's work hereunder shall remain the
sole and exclusive property of the Consulting Engineer, and the Client shall
have no right or title to or interest in such computer software. In the event
the Consulting Engineer releases any such computer software to the Client, the
Client shall protect the confidentiality of such computer software and shall
not release or divulge such computer software to any other person or
organization or let any other persons or organization use such computer
software. In the event Client uses any such computer software or allows such
computer software to be used by others, the Client shall indemnify and hold
harmless the Consulting Engineer from all loss, damage, liability or expense
arising out of such use.
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III.J. Equal Opportunity
The Consulting Engineer will not knowingly discriminate against any
employee or applicant for employment because of age, race, color, religion,
sex, national origin, marital or veteran status of physical handicap. The
Consulting Engineer will take affirmative action to the end that applicants
are employed, and that employees are treated during employment, without such
discrimination.
III.K. Severability and Headings
1. If any part of this Agreement, including, not not limited to,
any provision, paragraph, clause, phrase or words, is found to be in conflict
with applicable laws, such part shall be inoperative, null and void insofar as
it is in conflict with said laws, but the remainder shall be given full force
and effect.
2. The descriptive headings used in this Agreement have been
inserted for convenience of reference only and shall in no way modify or
restrict any of the terms and provisions of this Agreement.
III.L. Notice
All notices relating to this Agreement shall be in written form
delivered in person or by Express Mail, Registered or Certified United States
Mail, postage prepaid, to the Consulting Engineer or to the Client to the
attention of its chief executive officer or the last business address of the
principal office of the addressee known to the sender.
WPC 2323E
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