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HomeMy WebLinkAboutReso 1986-12480 Revised 5/7/86 RESOLUTION NO. 12480 RESOLUTICN OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING ENTERING INTO A CONTRACT WITH DONALD FRISCHER & ASSOCIATES FOR THE UNDERTAKING OF A TRAFFIC CIRCULATION STUDY TO DETERMINE THE FEASIBILITY OF CLOSING 5TH AVENUE BETWEEN 'H' STREET AND 'I' S~REET FOR THE SUM OF $30,500 PLUS OUT-OF-PCCKET EXPENSES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of C~ula Vista (Agency) desires to study the feasibility of the closure of a section of 5th Avenue, between "H" Street and "I" Street, to allow for the consolidation of the f~ula Vista Shopping Center; and WHEREAS, the firm of Donald Frischer & Associates has proposed to undertake and complete such study for a fee of $30,500 plus out-of-pocket expenses; and WHEREAS, the firm of Donald Frischer & Associates have considerable experience and expertise in traffic circulation analysis for regional shopping centers; and WHEREAS, the Homart Development Co., redevelopers of the Chula Vista Shopping Center, have agreed to share the cost of said contract equally with the Agency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, approving a contract with Donald Frischer & Associates for the undertaking of traffic circulation study to determine the feasibility of closing a section of 5th Avenue between 'H' Street and 'I' Street for the sum of $30,500, plus out-of-pocket expenses not to exceed ~4,000, said contract attached hereto as though fully set forth herein. BE IT FURTHER RESOLVED that the Council agrees to pay one-half of the fee for this contract or ~15,250 and up to $2,000 in out-of-pocket expenses, with the remainder of the contract amount being paid by the Homart Develo~nent Company. The contractor, Donald Frischer & Associates, will not be authorized to proceed with any work under this contract until Homart Development Co. deposits their share of the contract amount, or $15,250 with the Redevelopment Agency or of their submission of a written agreement to the Redevelopment Agency to pay said fees. BE IT FURTHER RESOLVED the fhairman is authorized to sign said contract on behalf of the Agency. Pa~~pre~L~____ Approved as to form by '~Thomas J. Harron, City Attorney Community Development Director City Attorney WPC 2256H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 1.3, th day of May 19 ~6 , by the following vote, to--wit: AYES; Councilmembers McCandliss, Cox, Moore, Campbell NAYES: Counci 1 members Mal col m ABSTAIN: Counci Imembers None ABSENT: Counci 1 members None ~/'~ City (T;lerk 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. 12480 ,and that the same has not been amended or repealed. DATED City Clerk CI'IY OF CC-660 AGREEMENT WITH DONALD FRISCHER & ASSOCIATES FOR THE UNDERTAKING OF A TRAFFIC CIRCULATION STUDY TO DETERMINE THE FEASIBILITY OF CLOSING FIFTH AVENUE BETWEEN "H" STREET AND "I" STREET THIS AGREEMENT, made and entered into this 13th day of M~, , 1986 by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City" and DONALD FRISCHER & ASSOCIATES, a professional consulting firm, hereinafter referred to as "Contractor"; W I TNE S S E T H : WHEREAS, the City is interested in studying the feasibility of the closure of a section of Fifth Avenue between "H" Street and "I" Street to allow for the consolidation of the Chula Vista Shopping Center, and WHEREAS, Donald Frischer & Associates, a professional consulting firm, was chosen to conduct a feasibility study of the closure of Fifth Avenue and potential mitigation measures which may be required, and WHEREAS, this contract shall consist of this agreement and the proposal for scope of services attached as Exhibit "A" and ' WHEREAS, performance of the Contractor, Donald Frischer & Associates will be contingent on Homart Development Company depositing their share of the contract amount of $15,250 with the Redevelopment Agency or of their submission of a written agreement to the Redevelopment Agency to pay said fees. NOW, THEREFORE, IN CONSIDERATION of the mutual obligations of the parties as herein expressed, the parties agree as follows: 1. Retention of the Contractor. Frischer & Associates, is hereby retained by the City to perform all of the professional services hereinafter defined and described in connection with the preparation of the traffic impact study for the project herein described. Frischer & Associates does hereby agree to perform said professional services hereinafter described and defined for the compensation herein fixed. 2. Duty of Contractor. The Contractor shall covent - with the City to exercise its best professional skills and judgment during the performance of its services in fulfillment of its obligations under this Agreement. 3. Scope of Services. The Contractor shall perform all professional services described in the Scope of Services attached hereto as Exhibit "A" excluding those services specified as the responsibility of the City. 4. Duty of the City. The City shall provide the following services to the Contractor: A. The manual turning movement Counts listed under Item I.C.1 of the attached Scope of Services herein referred to as Exhibit B. The counting specified under Item I.D of the above document. 5. Contractor's Compensation. A. The Contractor shall provide the professional services described within the Scope of Services of this agreement for the lump sum of Thirty Thousand Five Hundred Dollars (~30,500), plus out-of-pocket expenses not to exceed $4,000. B. The City hereby agrees to pay one-half of the fee or Fifteen Thousand Two Hundred and Fifty Dollars ($15,250) and one-half of the total expenses, not to exceed $2,000 with the remainder of the contract amount being paid by the Homart Development Companx. C. The Contractor, Donald Frischer & Associates, will not be authorized to proceed with any work under this contract until Homart Development Company deposits their share of the contract amount of $15,250 with the Redevelopment Agency, or submits a written agreement to pay the specified amounts. D. The Contractor's total charges will not eXceed the following for personnel charges and expenses for each major item in the Scope of Services. I. Data Acquisition $12,000 II. Current Traffic Conditions 2,400 III. Future Traffic Impacts 7,000 IV. Mitigation 3,000 V. Reports 2,500 VI. Meetings, Hearings 3,600 -2- E. The following compensation schedule shall be followed upon the submission by the Contractor of a request for payment and a brief description of services rendered when applicable: 1. Upon execution of the contract by all parties: ~12,000. 2. When draft report is considered acceptable for distribution: $10,000. 3. After the final report is submitted: ~4,300. 4. After each hearing is attended for a total of 6 hearings: ~4,200. 6. Default of the Contractor. This Agreement may be terminated by the City if the Contractor breaches this agreement or if the Contractor refuses or fails to pursue the work under this Agreement or any phase of the work with such diligence which would insure its completion within a reasonable period of time. Termination of this Agreement because of a default of the Contractor shall not relieve the Contractor from liability of such default. 7. Payment Upon Default of the Consultant. In the case of termination of this Agreement for default of the Contractor, the Contractor shall be entitled to payment of the reasonable value of work and services performed after execution of this agreement and prior to its termination less the aggregate of all sums previously paid to the contractor consultant for work and services performed under the Agreement and less any increase or additional costs or expenses incurred by any damages suffered by the City by reason of such default. Any remaining balance shall be paid to the Contractor. 8. City's Right to Terminate Agreement. A. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate 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 Contractor, the City shall pay the Contractor the reasonable value of the services actually performed by the Contractor up to the date of such termination less the aggregate of all sums previously paid to the Contractor of services performed after execution of this Agreement and prior to its termination. -3- C. The Contractor hereby expressly waives any and all claims for damage or compensation arising under this Agreement except as set forth herein in the event of such termination. D. In the event of termination of this Agreement and upon demand of the City, the Contractor shall deliver to the City all field notes, surveys, studies, reports, plans, drawings and other materials and documents prepared by the Contractor in performance of this Agreement and all such documents and materials shall be the property of the City provided, however, that the Contractor may retain copies for their own use. 9. Indemnity. The City, its agents, officers and employees shall not be held liable for any claims, liabilities, penalties, fines, or for damage to any goods, properties, or effect of any person whatsoever nor for personal injuries to or deaths of any of them whether caused by or resulting from any acts or omissions of the Contractor or its agents, employees or representatives. The Contractor further agrees to indemnify and save free and harmless the City and its authorized agents, officers and employees against any of the foregoing liabilities and any costs and expenses incurred by the City on account of any claim therefor. In the event that a court of competent jurisdiction shall determine that the City has no authority to provide by agreement for the performance of the hereinabove set forth professional services, the Contractor nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that the consultant agrees to indemnify and to save the City harmless from all claims arising by reason of the work done by the Contractor. 10. Extent of Agreement. This Agreement represents the entire and integrated agreement between the City and Frischer & Associates and supersedes all prior negotiations, representations, or agreement either written or oral. This Agreement may be amended by written instruments signed by both the City and the Contractor. 11. Completion of Work. The contracted services shall be completed three (3) months from execution of the contract and the submission by Homart Development Company of their share of the fees or written agreement to pay said fees. 12. Contractor Not an Employee of the Cit~. Donald Frischer & Associates shall remain as to the City a wholly independent Contractor. No agency, relationship shall exist between Contractor and the City, and no representations either -4- written or verbal shall exist to that effect. As an independent contractor, the Contractor is not entitled to any civil service benefits, workman's compensation or any other benefits of an employee of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove set forth. THE~~C~LA VISTA ~ay0r'o~t~ ~i~y o~Chula ~ Vista F' / ~ ~ · Appr °~ved~al~Yt~l~m by ~ Ann Moore, Deputy City--Attorney 1498a