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Home My WebLink AboutReso 1985-12165 Revised 9/23/85 RESOLUTION NO. 12165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FULLER'S PLUMBING SERVICE, INC. TO PERFORM A STUDY FOR REROUTING EXISTING PRIVATE SEWER LATERALS IN THE COUNTRY CLUB AREA IN THE CITY OF CHULA VISTA 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 FULLER'S PLUMBING SERVICE, INC. to perform a study for rerouting existing private sewer laterals in the Country Club area in the City of Chula Vista, dated the 9th day of September, 1985, 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. BE IT FURTHER RESOLVED that the sum of $45,000 be, and the same is hereby authorized to be expended from Account No. 600-6000-SSF01, Country Club Area Replacement of Existing Sewers, for said study. BE IT FURTHER RESOLVED that if there is unnecessary expense based on studies which would not be necessary if Council did full funding of the project, that those studies should be deleted. Presented by Approve~/~s to form by J n P- Lip i~t~t,Director ofb~ip~.w/ ~ ~~~n P orks/City Engineer ey 0814a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF :HULA VISTA, CALIFORNIA, this 17th doy of September 9 85 , by the following vote, to-wit: lYES: Councilmen: Moore, McCandliss, Malcolm IAYES: Councilmen: None IBSTAIN: QxJx:ilmen: Scott BSENT: Councilmen: co× MAYOR PRO TEMPORE rATE OF CALIFORNIA ) 3UNTY OF SAN DIEGO ) ss. TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Co#fornio, HEREBY CERTIFY that the above ond foregoing is a full, true and correct copy of RESOLUT[0N NO. 12165 ,end that the some has not been omended or repeoled. ,TED (seal) City Clerk -660- apt CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this _~day of ~-~/~7~- , 1985, by and between the CITY OF CHULA VISTA, CALIF'O~N~IA, a public cbrporation (hereinafter referred to as "City"), and Fuller's Plumbing Service, Inc., (hereinafter referred to as "Consultant"). NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as fol 1 ows: SECTION 1. That Consultant shall perform a study for rerouting existing private sewer laterals in the Country Club area in the City of Chula Vista, California. Eighty-two (82) existing residential units must have their existing sewer houseline (lateral) reconstructed such that they can be served by the existing or proposed sewer mains located in the street. The specific task of the Consultant is outlined below: A. The Consultant is to survey each individual residential unit that requires a new lateral and prepare a separate sketch showing how the new private lateral may be constructed to make connection to the sewer located in the street. The sketch shall show removable and replacement of walls, slabs, fences, grass, planters, etc. that are required for construction of the new lateral. If rerouting of the houseline beneath or inside structures is required, this information shall be included on the sketch/drawing. The study shall include all LO structures with plumbing fixtures (i.e., sinks, tubs, showers, water ~ ~ closets, etc.) Each individual drawing shall be in sufficient detail ~j ,- ~ that a property owner and/or the City could receive a separate bid ,~ ~ for the construction of the work to be performed. ~. BT. The Consultant shall determine the location at the back of sidewalk :~ '~ ~- where the new lateral is to be constructed. The Consultant will be ~ ~ required to provide the City with the dimension from the ground ? ~,~ surface at the back of walk to the flow line of the proposed new " ~ 1 ateral. C. The Consultant shall provide a separate cost estimate for all the work and materials necessary for construction of the lateral from the house or other location in the lot to the back of sidewalk. The estimated cost for construction of lateral shall be a firm price guaranteed for a year to the property owner such that they may, if they wish, contract with the Consultant or contractors/plumbers so designated by the Consultant for installation of the sewer lateral. Property owners will have the option of contracting with any other contractor or plumber should they desire. The Consultant shall provide the City with a performance bond for the aggregate sum of all of the laterals proposed to be constructed. D. Should the Consultant construct the laterals, a no fee permit shall be obtained from the Building and Housing Department. E. The Consultant is expected to look into alternative ways of routing the sewer if he deems it to be more feasible such as combining two separate laterals in one trench through one lot. Should the Consultant suggest such an alternative, he shall have made contact with the property owner through whose property the lateral will be constructed to see if the owner is acceptable to granting a sewer easement for such purposes. F. The Consultant shall work closely with the City on the first two or three properties as to the sketch and the data being presented so that the format of the final report will be acceptable to the City. G. The Consultant shall provide one (1) reproducible original and fifteen {15) copies of all plats, drawings, reports, etc. SECTION 2. TIME FOR COMPLETION OF WORK: The Consultant agrees to perform this work and have it completed wi thin 120 calendar d~s from the date of approval of the agreement by the City. SECTION 3. OWNERSHIP OF DATA, REPORTS AND DOCUMENTS: The Consultant shall deliver to the City, as the work is completed, all reports of tests made, studies, reports, plans, drawings, and all other materials and documents received by or prepared by the Consultant in the performance of this Agreement; all such reports, studies, plans, drawings, and other materials and documents shall be the property of the City. SECTION 4. That the City shall perform as follows: A. Furnish to Consultant such records, and other documents as are available and may be reasonably required by Consultant in the performance of the services hereunder. B. Pay to Consultant a fee in accordance with attached Exhibit A . SECTION 5. INDEMNITY: Consultant agrees to indemnity 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 Consultant, 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. -2- SECTION 6. That this Agreement may be terminated by either party hereto by mailing written notice thereof to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. "CITY" CITY OF CHULA VISTA CITY OF CHULA~ISTA STATE OF CALIFORNIA ATTEST: STATE OF CALIFORNIA "CONSULTANT" FULLER'S PLUMBING SERVICE WPC 1614E -3- EXHIBIT A /~ / ~,~ /~ 1. ?&yment of the "Consultant", Fuller's Plumbing Service, by the City for work performed in aceerd&nce with the Consultant Agreement. a. For each lot report completed in a billing period: $500 Eighty-two (82) lot reports: $41,000 total b. Billing period; each thirty day period of this agreement described in Section 2. 2. The Consultant agrees to provide extra services over and above the agreement on the following terms: a. Authorization by the City Engineer, 3ohn P. Lippet, as addenda to this agreement, b. For a period of 180 days beyond the period of this agreement. (Section 2) c. For a total of addendoms not to exceed fifty percent of this agreement, Work in excess of this amount shall require a new agreement with the City. d. Hourly fee schedule for extra service. 1. Principals ................................ $55 hr, Edwin Fuller Lawrence Rueden 2. Plumbers .................................. $42 hr. 3. Laborer & Draftsmen ....................... $27.50 hr. 4. Others at 2.2 times salary or billing plus 15%