HomeMy WebLinkAboutReso 1986-12422 RESOLUTION NO. 12422
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONTRACTS FOR A STATE
ROUTE 125 STUDY: (A) CONTRACT BETWEEN CITY
AND RICK ENGINEERING FOR ENGINEERING SERVICES;
(B) CONTRACT BETWEEN CITY AND WILLDAN
ASSOCIATES FOR ASSESSMENT FINANCIAL SERVICES
AND LEGAL REVIEW AND (C) CONTRACT BETWEEN CITY
AND GEORGE T. SIMPSON FOR PROJECT MANAGEMENT
SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE
THE CONTRACTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, State Route 125 is one of the critical
transportation elements necessary for the development of eastern
Chula Vista, and
WHEREAS, representatives of the owners of the lands near
the proposed corridor have requested the City to conduct a study
of the segment of SR-125 between Otay Lakes Road and SR-54 to
determine (a) centerline alignment and the right-of-way
requirements for an eight-lane freeway with grade separations;
(b) preliminary engineering and costs of an interim four-lane
facility within the corridor; and (c) the financing alternatives
for the interim and long-term solutions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve that certain contract
between the City of Chula Vista and Rick Engineering for
engineering services, dated the lst day of A@r~] ,
1986, a copy of which is attached hereto and incorporated herein
by reference as if set forth in full.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby approve that certain contract between
the City of Chula Vista and Willdan Associates for assessment
financial services and legal review dated the lst day
of Apr,] , 1986, a copy of which is attached hereto and
incorporated herein by reference as if set forth in full.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby approve that certain contract between
the City of Chula Vista and George T. Simpson for Project
Management services, dated the lst day of April ,
1986, a copy of which is attached hereto and incorporated herein
by reference as if set forth in full.
-1-
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said Agreements for a State Route 125 Study for and on
behalf of the City of Chula Vista.
Presented by Approved as to form by
ohn P. of Charles R. Gill, Assistant City
Works/City Engineer Attorney
1368a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this.. ,,1st doy of April
19 86 , by the following vote, to--wit:
AYES: Councilmembers Cox, Malcolm, Moore, Scott, McCandliss
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
ABSENT: Counci lmembers None
/ Mayo~-of/~he, City of Chulo
Vista
· Clerk ' -"" ~
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. 12422
,and that the same has not been amended or repealed
DATED
~ City Clerk
CI1Y OF
CHULA VISTA
CC-660
AGREEMENT FOR SERVICES
THIS AGREEMENT, entered into this 1st day of April
1986, by and between THE CITY OF CHULA--~7~-TA, a municipal corporatio~
(hereinafter referred to as "City") and GEORGE T. SIMPSON (hereinafter
referred to as "Project Manager");
~W I T N E S S E T H:
WHEREAS, the City is considering the need for the construction of an
interim four-lane facility together with appurtenances and appurtenant work
in the proposed STATE ROUTE 125 corridor (hereinafter referred to as the
"Project") through the City and unincorporated area of the County of San
Diego and desires to consider various applicable financing techniques, and
WHEREAS, City is desirous to hire a Project Manager to coordinate
activities of staff, as well as certain retained support consultants as it
relates to the preparation of an engineering and financial analysis necessary
to the development of a financing and construction implementation plan for a
four-lane interim street between Otay Lakes Road and State Route 54 in the
State Route 125 corridor.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between
the parties hereto as follows:
MANAGEMENT SERVICES
SECTION 1. The general and continuing services throughout the implemen-
tation of the Project work program to be provided by the Project Manager,
at the direction of the City Manager or his designee, shall be the following:
A. Coordinate the activities of support consultants retained by the City as
it relates to implementing the work program and the development of
specific recommendations for financing and construction of an interim
four-lane facility in the SR-125 corridor.
B. Attend such meetings of City Council, Planning Commission, City staff,
developer and other agencies as may be required.
C. Review report documents or studies for the City as may be directed and
required.
D. Advise the City Manager directly, or his designee, on the implementa-
tion of the SR-125 interim facility financing plan.
E. Coordinate City staff, developer and supporting consultants activity and
facilitate necessary meetings.
F. Provide a monthly progress report to the City.
SPECIFIC WORK PROGRAM
SECTION 2. The Project Manager will be responsible for providing direc-
tion to the supporting consultants and to coordinate the implementation of
the following Tasks. The Support Consultants shall be responsible for
completion of the following Tasks and shall provide 25 copies of a "FINAL
REPORT" to the City.
A. TASK #1 Base Map/Ownership
1. Prepare a 400-scale base map using assessor's parcel maps.
2. Prepare ownership list by parcel.
3. Prepare an overlay of all approved TM's and FM's and TM in
process.
4. Prepare an overlay showing permanent dedicated open space and
public easements.
5. Collect and map on an overlay environmental sensitivity data from
previous projects within the proposed district.
i B. TASK #2 Environmental
6. Conduct biological and archaeological surveys of the road alignment
segments not surveyed in connection with other projects.
7. Field check impact areas where the proposed alignment crosses
environmentally sensitive areas, and provide recommendations for
mitigation options and costs. Perform a very preliminary soils and
geological reconnaissance.
i C. TASK #3 Preliminary Engineering
8. Determine minimum interim improvement required by the City of
Chula Vista.
9. Prepare typical details and x-sections to illustrate the proposed
improvements.
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10. Attend meetings with property owners, City and County to discuss
various alternatives, including level of improvements, phasing of
construction, district boundaries, and phasing of final subdivision
maps and associated improvements.
11. Utilizing existing topographic maps, prepare 100-scale preliminary
horizontal alignment studies in those areas where the alignment has
not been established on approved tentative maps.
12. Based on the preferred horizontal alignment, prepare a grading
analysis using the 100-scale topographic base map.
13. Calculate property lines based on assessor parcels and plot on the
100-scale alignment study.
14. Perform hydrology and hydraulic calculations to determine drainage
facility sizes.
15. Prepare a quantity takeoff and construction cost estimate.
16. Cost estimates for bridge construction will be based on generalized
concepts without benefit of foundation studies or structural calcu-
lations.
17. Prepare full estimated project cost including design, construction,
right-of-way and incidentals relating to benefit assessment
financing.
D. TASK #4 Right-of-Way
18. Estimate R/W costs includin§ land and easements for an eight-Jane
freeway with grade separations.
E. TASK #5 Financing Alternatives
19. Review and recommend financing techniques such as assessment
districts, Mello-Roos, reimbursement districts, Bridge and
Thoroughfare Fees, Benefit Assessments, and Development Impact
fees for financing the right-of-way for an eight-lane freeway and
the construction of an interim four-lane facility.
20. Prepare preliminary benefit boundaries.
21. Prepare and recommend a step by step procedure for the financing
and construction of an interim four-lane facility in the proposed
SR-125 corridor.
22. Provide legal review and analysis of recommended implementation
program.
-3-
SECTION 3.
A. The amount of time estimated to prepare and complete the Project
Report is one hundred eighty (180) days.
B. The general management services under this Agreement shall be contin-
uing until completion of the project or termination of this Agreement.
FEE FOR SERVICES
SECTION 4.
Project Manager shall be paid a fee based on a hourly rate of $85.00
per hour, plus reimbursement for all out-of-pocket expenses outside of
normal office expenses, including but not limited to, travel, printing,
map preparation, aerial photography and related documentation repro-
duction. All fees will be payable on a monthly basis upon an invoice
submitted by the Project Manager.
The total fee for Project Management Services shall not exceed
$7,500.00, unless further written authorization is given by the City.
SERVICES BY CITY
SECTION 5.
City further agrees to furnish to Project Manager, in a timely manner,
such maps, records and other documents and proceedings, or certified
copies thereof, as are available and may be reasonably required by
Project Manager in the performance of these services.
CONFLICT OF INTEREST
SECTION 6.
Project Manager presently has and shall acquire no interest whatsoever
in State Route 125, 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 Project Manager under this
Agreement.
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TERMINATION OF AGREEMENT FOR CAUSE
SECTION 7.
If, through any cause, Project Manager shall fail to fulfill in a timely
and proper manner his obligations under this Agreement, or if Project
Manager 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 Project Manager 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, surveys, drawings, maps,
reports, and other materials prepared by Project Manager shall, at the
option of City, become the property of City and Project Manager 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.
TERMINATION FOR CONVENIENCE OF CITY
SECTION 8.
City may terminate this Agreement at any time and for any reason by
giving written notice to Project Manager 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, here-
inabove, shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provid-
ed in this paragraph, Project Manager 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.
Project Manager 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.
ASSIGNABILITY
SECTION 9.
Project Manager shall not assign any interest in this 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 Project Manager 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.
OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL
SECTION 10.
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 Project Manager 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.
INDEPENDENT CONTRACTOR
SECTION 11.
City is interested only in the results obtained, and Project Manager
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 Project
Manager's final work product as each phase of this Agreement is
completed. Project Manager and any of Project Manager's agents,
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.
CHANGES.
SECTION 12.
City may from time to time require changes in the scope of the services
by Project Manager to be performed under this Agreement. Such
changes, including any increase or decrease in the amount of Project
Manager's compensation, which are mutually agreed upon by City and
Project Manager shall be effective as amendments to this agreement only
when in writing.
IN WITNESS WHEREOF, City and Project Manager have executed this
Agreement on this 1st day of ^pti1 , 1986.
THE CITY OF CHULA VISTA PROJECT MANAGER
Mayor of the~ of~C~ula~ista ~r~ge~. S i~on~
Approved as to form by
AGREEMENT FOR SERVICES
THIS AGREEMENT, entered into this 1st day of A~ril ,
1986, by and between THE CITY OF CHULJ~--V~-TA, a municipal corporation
(hereinafter referred to as "City") and WILLDAN ASSOCIATES (hereinafter
referred to as "Consultant");
W I T N E S S E T H:
WHEREAS, the City is considering the need for the construction of an
interim four-lane facility together with appurtenances and appurtenant work
in the proposed STATE ROUTE 125 corridor (hereinafter referred to as the
"Project") through the City and unincorporated area of the County of San
Diego and desires to consider various applicable financing techniques, and
WHEREAS, City is desirous to hire a Consultant to prepare a financial
analysis necessary to the development of a financing and construction imple-
mentation plan for a four-lane interim street between Otay Lakes Road and
State Route 54 in the State Route 125 corridor.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between
the parties hereto as follows:
SPECIFIC WORK PROGRAM
SECTION 1. Consultant shall be responsible for completion of the following
Tasks and shall provide 25 copies of a "FINAL REPORT" to the City.
A. Review and recommend financing techniques such as assessment
districts, Mello-Roos, reimbursement districts, Bridge and
Thoroughfare Fees, Benefit Assessments, and Development Impact
fees for financing the right-of-way for an eight-lane freeway and
the construction of an interim four-lane facility.
B. Prepare preliminary benefit boundaries.
C. Prepare and recommend a step by step procedure for the financing
and construction of an interim four-lane facility in the proposed
SR-125 corridor.
D Provide legal review and analysis of recommended implementation
program, such legal review to be provided by the firm F.
MACKENZIE BROWN.
SECTION 2
A. The amount of time estimated to prepare and complete the Project
Report is one hundred eighty (180) days.
B. The consultant services under this Agreement shall be continuing until
completion of the project or termination of this Agreement.
FEE FOR SERVICES
SECTION 3.
Consultant shall be paid a fee based on the attached hourly rate
schedule, plus reimbursement for all out-of-pocket expenses outside of
normal office expenses, including but not limited to, travel, printing,
map preparation, aerial photography and related documentation repro-
duction. All fees will be payable on a monthly basis upon an invoice
submitted by the Consultant.
The total fee for services provided under Section 1, Specific Work
Program, shall be as follows:
A. For Tasks A,B, & C, a fee not to exceed $8,500 without further
written authorization from City.
B. For Task D, a fee not to exceed $2,500 without further written
authorization from City.
SECTION 5.
Consultant presently has and shall acquire no interest whatsoever in
State Route 125, 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 Consultant under this Agree-
ment.
TERMINATION OF AGREEMENT FOR CAUSE
SECTION 6.
If, through any cause, Consultant shall fail to fulfill in a timely
and proper manner his obligations under this Agreement, or if Consul-
tant 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 speci-
fying 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, surveys, drawings, maps,
reports, and other materials prepared by 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.
TERMINATION FOR CONVENIENCE OF CITY
SECTION 7.
City may terminate this Agreement at any time and for any reason by
giving written notice to 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.
ASSIGNABILITY
SECTION 8.
Consultant shall not assign any interest in this 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 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.
OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL
SECTION 9.
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 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.
INDEPENDENT CONTRACTOR
SECTION 10.
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 each phase of this Agreement is completed. Consultant and
any of Consultant's agents, 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.
CHANGES
SECTION 11.
City may from time to time require changes in the scope of the services
by Consultant to be performed under this Agreement. Such changes,
including any increase or decrease in the amount of Consultant's com-
pensation, which are mutually agreed upon by City and Consultant shall
be effective as amendments to this agreement only when in writing.
IN WITNESS WHEREOF, City and Consultant have executed this Agree-
ment on this ls~c day of April , 1986.
THE CITY OF CHULA VISTA CONSULTANT
Mayor o~ th~-C~y of Chul~Vista ~ill~l~n Associ~:~/
/~ -City Clerk
Approved as to form by
C~y~Attorney
WlLLDAN ASSOCIATES [] ENGINEEI S &,P. N.NEPS
Anoheim Norwo k, Ventu o Loncos e Son Bernordino ond Son Diego Col~forn~o
SCHEDL;LE (,F FEES FOR PROFESSIONAL SERVICES
AUGUST 1, 1985 - JULY 31, 1986
FEE RATE
CLASSIFICATION PER HOUR
PRINCIPAL ENGINEER $ 90.00
DIVISION MANAGER 80.00
SENIOR PROJECT ENGINEER 67.00
PROJECT MANAGER 61.00
PROJECT ENGINEER 56.00
SENIOR SURVEY ANALYST 55.00
SENIOR DESIGNER 48.00
SENIOR PUBLIC WORKS INSPECTOR 47.00
SENIOR DESIGN ENGINEER 45.00
SENIOR DRAFTSPERSON 44.00
DESIGN ENGINEER 40.00
DESIGNER 40.00
PUBLIC WORKS INSPECTOR 40.00
DRAFTSPERSON 37.00
JUNIOR DRAFTSPERSON (TECHNICAL AID) 31.00
SENIOR REAL PROPERTY AGENT 67.00
RI:AL PROPERTY AGENT 61.00
ASSISTANT REAL PROPERTY AGENT 50.00
TWO-MAN FIELD PARTY 108.00
THREE-MAN FIELD PARTY 134.00
CLERICAL 28~0q
IT SHOULD BE NOTED THAT THE FOREGOING WAGE RATES ARE EFFECTIVE
THROUGH JULY 31, 1986. THE RATES MAY BE ADJUSTED AFTER THAT DATE
TO COMPENSATE FOR LABOR ADJUSTMENTS AND OTHER INCREASES IN LABOR
COSTS.
3633 CAMINO DEL RIO SOUTH · SUITE 207 · SAN DIEGO · CALIFORNIA 92108 · (619) 281-9211
AG~EMENT FOR ENGINEERING SERVICES
BETWEEN
CITY OF CHULA VISTA
AND
RICK ENGINEERING COMPANY
THIS AGREEMENT is made and entered into this lst day of
April , 1986 by and between CITY OF CHULA VISTA, herein after
referred to as "CITY" and RICK ENGINEERING COMPANY, a California
Corporation, herein after referred to as "ENGINEER".
RECITALS
A. WHEREAS, the CITY requires the services of a consulting
ENGINEER to render certain technical and professional
services in connection with the development of a financing
and construction implementation plan for a four-lane interim
street northerly of Otay Lakes Road and State Route 54 in
the proposed State Route 125 corridor.
B. WHEREAS, the CITY requires the services of the consulting
Engineer to accomplish the above task and CITY desires to
contract with ENGINEER for such services.
C. WHEREAS, the ENGINEER represents that it is qualified, it
has personnel and facilities available necessary to
accomplish the work within the required time, and ENGINEER
desires to undertake the same.
NOW, THEREFORE, in consideration of the recitals and mutual
obligations of the parties as herein expressed CITY and ENGINEER
agree as follows:
SECTION 1
SCOPE OF SERVICES:
ENGINEER agrees to provide and be responsible for completion of
the following tasks and shall provide 25 copies of the final
report to the CITY.
TASK #1 BASE MAP/OWNERSHIP
1. Prepare a 400-scale base map using assessor's parcel maps.
2. Prepare ownership list by parcel.
3. Prepare an overlay of all approved Tentative Maps and Final
Maps and Tentative Map in process.
4. Prepare an overlay showing permanent dedicated open space
and public easements.
5. Collect and map on an overlay environmental sensitivity data
from previous projects.
TASK #2 ENVIRONMENTAL
6. Conduct biological and archaeological surveys of the road
alignment segments not surveyed in connection with other
projects.
7. Field check impact areas where the proposed alignment
crosses environmentally sensitive areas, and provide
recommendations for mitigation options and costs.
TASK ~3 PRELIMINARY ENGINEERING
8. Determine minimum interim improvement required by the City
of Chula Vista.
9. Prepare typical details and x-sections to illustrate the
proposed improvements.
10. Attend meetings with property owners, City, and County to
discuss various alternatives, including level of
improvements, phasing of construction, district boundaries,
and phasing of final subdivision maps and associated
improvements.
11. Utilizing existing topographic maps, prepare a 100-scale
preliminary horizontal alignment studies in those areas
where the alignment has not been established on approved
tentative maps.
12. Based on the preferred horizontal alignment, prepare a 100
scale single line plan and profile as well as a grading
analysis using the existing topographic map.
13. Calculate property lines based on assessor parcels and plot
on the 100-scale alignment study. Right-of-Way lines to be
established for a proposed eight-lane freeway with grade
seperations.
14. Perform hydrology and hydraulic calculations to determine
drainage facility sizes.
15. Prepare a quantity takeoff and construction cost estimate.
16. Cost estimates for bridge construction will be based on
generalized concepts without benefit of foundation studies
or structural calculations.
17. Prepare full estimated project cost including design,
construction, right-of-way and incidentals relating to
benefit assessment financing.
SECTION 2
AUTHORIZATION, PROGRESS AND COMPLETION
Upon execution of this agreement by both parties hereto, ENGINEER
is authorized and directed to proceed with the preparation and
completion of plans and reports as provided in Section 1 of the
Agreement. ENGINEER shall proceed with the work immediately,
prosecute the work diligently to completion in accordance with
the following schedule:
The amount of time estimated to prepare and complete the above
tasks is a minimum of one hundred eighty (180) days.
It is mutually understood by ENGINEER and CITY that final plans
and reports will be completed by the estimated time listed above
subject to timely review by the affected governmental agencies.
SECTION 3
FEE FOR SERVICES
The Consultant shall be paid for the Engineering services on a
lump sum fee basis the following amounts:
TASK #1 Base Map/Ownership $ 8,500.00
TASK 42 Environmental 6,500.00
TASK #3 Preliminary Engineering 34,000.00
TOTAL $49,000.00
-4-
The fee for the purpose of preparation and completion of the
Implementation Report shall not exceed above total unless further
written authorization is given by the City.
Fees and expenses will be billed monthly as the work progresses
and the net amount shall be due within 30 days from the date of
receipt of the invoice by the City.
SECTION 4
SERVICES BY CITY
CITY further agrees to furnish to the ENGINEER, in a timely
manner, such maps, records and other documents and proceedings,
or certified copies thereof, as are available and may be
reasonably required by the ENGINEER in the performance of these
services.
SECTION 5
CONFLICT OF INTEREST
The ENGINEER presently has and shall acquire no interest whatso-
ever in State Route 125, 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
ENGINEER under this Agreement.
SECTION 6
TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, the ENGINEER shall fail to fulfill in a
timely and proper manner his obligations under this Agreement, or
if the ENGINEER 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 ENGINEER of
such termination and specifying the effective date thereof, at
least five (5) days before the effective date of such termina-
tion. In that event, all finished or unfinished documents, data,
studies, surveys, drawing, maps, reports, and other materials
prepared by the ENGINEER shall, at the option of CITY, become the
property of CITY and ENGINEER 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, hereinabove.
SECTION 7
TERMINATION FOR CONVENIENCE OF CITY
CITY may terminate this Agreement at any time and for any reason
by giving written notice to the ENGINEER 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 de-
scribed in Section 6, hereinabove, shall, at the option of the
CITY, become CITY's sole and exclusive property. If the Agree-
ment is terminated by CITY as provided in this paragraph,
ENGINEER shall be entitled to receive just and equitable compen-
sation for any satisfactory work completed on such documents and
other materials to the effective date of such termination.
ENGINEER hereby expressly waives any and all claims for damages
or compensation arising under this Agreement except as set forth
in Section 3, hereinabove, in the event of such termination.
SECTION 8
ASSIGNABILITY
The ENGINEER shall not assign any interest in this 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 ENGINEER 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 9
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
ENGINEER 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.
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SECTION 10
INDEPENDENT CONTRACTOR
CITY is interested only in the results obtained, and ENGINEER
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
ENGINEER'S final work product as each phase of this Agreement is
completed. ENGINEER and any of ENGINEER'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 11
CHANGES
CITY may from time to time require changes in the scope of the
services by the ENGINEER to be performed under this Agreement.
Such changes, including any increase or decrease in the amount of
ENGINEER'S compensation, which are mutually agreed upon by CITY
and ENGINEER shall be effective as amendments to this agreement
only when in writing.
IN WITNESS WHEREOF, City and Rick Engineering company have
executed this Agreement on this 1st day of April , 1986.
CITY OF CHULA VISTA, A Municipal Corporation
Ci anager
RICK ENGINEERING COMPANY
H~oushmand Aftahi, Se~ary
I hereby approve the form and legal~ity of the foregoing Agreement
this ~ day of //~/m~x~,'/ , 1986.
City-Attorney f~' -