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HomeMy WebLinkAboutReso 1986-12401 RESOLUTION NO. 12401 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PRC ENGINEERING FOR CONSULTING SERVICES FOR THE FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM 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 PRC ENGINEERING for consulting services for the Fuel Efficien~ Traffic Signal Management Program dated the 4th day of March , 1986, a copy of which is attached ~ 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 -oh~ p.~L~ip/p~~ector ~u~lic Works/City Engineer~i~a~t~n' ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 4th.. day of March 19 ~§ , by the following vote, to-wit: AYES: Councilmembers Cox, Malcolm, Moore, Scott, McCandliss NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None MayorUof ~ City of Chula Vista ATTEST~. ---_ City (;Jerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12401 ,and that the same has not been amended or repealed DATED  City Clerk CI Y OF CHULA VISTA CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PRC ENGINEERING FOR CONSULTING SERVICES FOR THE FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM THIS AGREEMENT, made and entered into this 4th day of March , 1986, by and between the City of Chula Vista, a municipal corporation, hereinafter called "City" and PRC Engineering, hereinafter called "Consultant," a Consulting Engineering firm having their office and principal place of business at 5252 Balboa Avenue, San Diego, California 92117. RECITALS: WHEREAS, the City has been awarded a $42,000 grant through the California Department of Transportation for the 1986 Fuel Efficient Traffic Signal Management Program, hereinafter called FETSIM, and WHEREAS, the purpose of this program is to develop optimized traffic signal timing plans at 40 intersections to reduce unnecessary stops, delays and fuel consumption, and WHEREAS, City requires Consultant's professional services for this project, and WHEREAS, Consultant is qualified and willing to provide such services, and WHEREAS, the City desires Consultant to provide professional services for this program in accordance with the terms and conditions of this agreement. WHEREAS, the Director of Public Works of the City of Chula Vista, hereinafter referred to as "Director," has recommended that the City employ said Consultant to perform the work as specified in this Agreement, and WHEREAS, there is attached to the agreement and incorporated herein by reference Attachment 1-Task Description, Attachment 2-FETSIM Project Schedule, Attachment 3-Scope of Work, and Attachment 4-Consultants Proposal. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties hereto as herein expressed, City and Consultant agree as follows: I. CONSULTANT'S RESPONSIBILITIES Under the general supervision of the Director, or his designated representative, Consultant shall perform the following services: A. Provide professional services to accomplish the work as outlined in Attachment 1-Task Descriptions, Attachment 3-Scope of Work, and Attachment 4-Consultant's Proposal. B. Produce the necessary deliverable items and reports as outlined in Attachment 1-Task Descriptions and Attachment 2-FETSIM Project Schedule. C. Provide technical assistance and guidance to City staff for this project. D. Report through periodic meetings with the City as outlined in Consultant's proposal. II. CITY'S RESPONSIBILITIES A. Subject to availability and at no cost to Consultant, provide copies of its data and records pertinent to the study. B. Actively participate with the consultant on this project. III. STUDY SCHEDULING A. Consultant shall adhere to the study schedule as outlined in Attachment 2. B. If unusual delays occur in complying with the study schedule, City may, at its option, suspend performance of further services by Consultant for a reasonable period of time, after which City may require compliance by Consultant with terms and conditions of this Agreement. In the event of such suspension, City shall pay Consultant the reasonable value of the work performed up to the time of the suspension, but not to exceed payment as specified in the section entitled, "Consultant's Compensation." IV. CONSULTANT'S COMPENSATION A. Consultant shall be paid for Consultant's services on a cost reimbursement basis through the FETSIM grant and in accordance with CalTrans guidelines. B. The maximum compensation payable to the consultant under the terms of this agreement is $34,100. C. Consultant will be entitled to periodic compensation for his services based upon satisfactory completion of each product as outlined in Attachment 1-Task Description and Attachment 2-FETSIM Project Schedule. D. Consultant shall use the Contract Cost Principles and Procedures, Part 1-15 of Chapter 1 of the Federal Procurement Regulations, to determine the allowability of individual items of cost. E. Ten percent of each progress payment will be withheld and released upon completion of the project and submission of an acceptable final report. -2- F. As a general guide, progress payments for each product should not exceed the following apportionment of the costs of producing each product: Approximate Product Percent of Project Cost 1. Link/Node Diagram 5 2. Data Reduction Sheets 35 3. Calibrated Simulation Runs 20 4. Simulation Runs of Fine-Tuned Field Plans 35 5. Final Report 5 G~ The Consultant's compensation defined in this section is the maximum compensation payable under the terms of this Agreement. The Consultant shall not provide services beyond the scope of the Agreement unless those services, and compensation for those services, have been defined in an approved amendment to this Agreement. No City employee can bind the City with regard to any payn~nt services which exceeds the amount payable under the terms of this Agreement. H. At any stage of the work: 1. The Director may, at his option, elect to terminate this Agreement. In the event the Director elects to terminate, the City shall pay Consultant for the work performed to date of termination in accordance wi th paragraphs A, B and C of this section. 2. The Director's exercise of his options provided herein shall be evidenced by written notice given to Consultant. Acceptance of payment by Consultant shall discharge all of City's obligation and liabilities under this Agreement except to the extent that the Director under Section III B requires, upon rescinding suspension, continued compliance by Consultant with the terms and conditions of the Agreement. V. OWNERSHIP OF DOCUMENTS The originals of all documents produced as a result of the Agreement shall become the property of City when Consultant has been compensated as set forth herein. VI. PERSONNEL A. Consultant shall designate KHAL SHAH as Project Manager for the project (180 hours minimum). Changes in Project Manager shall be subject to prior written approval by the Director. -3- City reserves the right to emp]oy at its expense any or other consultants or other personnel it deems necessary to complete the project. VII. CITY'S RIGHT TO TERMINATE: PAYMENT: A. Notwithstanding any other section of provision of this Agreement, the City shall have the absolute right at any time to teminate this Agreement or any work to be performed pursuant to this Agreement. B. In the event of termination of this Agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. C. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth in this section, in the event of such termination. VIII. TERMINATION: DELIVERY OF DOCUMENTS: In the event of termination of this Agreement, and upon demand of the Director, the Consultant shall deliver to the Director all notes, calculations, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in the performance of this Agreement, and all such documents and materials shall be the property of the City; provided, however, that the Consultant may retain copies for his own use. IX. INDEMNITY: Co~nsultant agrees to indemnify and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Consultant's employees and all 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 claim to be caused by the negligent acts of Consultants, his agents or employees, and all expenses of investigating 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. X. GENERAL CONDITIONS: A. Consultant expressly agrees that the work is based upon his expertise and shall be done in accordance wi th good engi neeri ng practices. -4- B. Consultant and any other consultants employed by Consultant shall be independent contractors and not agents of the City hereunder. C. Consultant shall not assign this contract or any monies due or to become due hereunder without the City's prior written consent. Any assignment by Consultant without the City's prior written approval shall be cause for termination of this agreement at the sole option of City. In no event shall any contractual relationship be created between any third party and City. D. In the event that suit is brought upon this Agreement to enforce it terms, the prevailing party shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove set forth. THE CITY OF CHULA .VISTA ~ CONSULTANT Mayo' 'ty of Chula Vista · / / .~.---~ ~ Jo)fA='Petrykanyn T. I /~ . v/~ ~ ~ Division Vice President ATTEST: - .~ ~/Y~X?, ~///'~~,~ ~ City Clerk .... /_~ Approved as to form by: Attorney J ~ - WPC 1 91 6E -5-