HomeMy WebLinkAboutReso 1974-7345
Form No. 342
Rev. 3/74
RESOLUTION NO. 7345
RESOLUTION OF THE CITY C~UNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMEWT BETWEEN THE CITY OF CHULA
VISTA AND WILSEY & HAM FqR PREPARATION OF CONCEPTUAL
PLANS FOR TELEGRAPH CANYON ROAD AND CHANNEL
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 that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
WILSEY & HAM, for preparation of cqnceptual plans for Telegraph
Canyon Road and Channel
dated the 19th day of June , 19-2L, 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 thlat the sum of $15,000 be appropriated
from unappropriated 2106 Gas Tax ballance and $5,000 be appropriated from
Account No. 01-3120-5101 (Engineer Isalary savings) for a total of $20,000
to be utilized for the purpose hereinabove set forth.
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
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Lane F. ole, Director of PUEuic
Works
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George D. Lindberg, City Attorney
ADOPTED AND APPROVED by ~he CITY
VISTA, CALIFORNIA, this 25th day of June
the following vote, to-wit:
COUNCIL of the CITY OF CHULA
, 19~, by
AYES:
Councilmen
Egdahl, Scott, Hobel, Hamilton
NAYES:
Councllmen
None
ABSENT:
Councllmen
Hyde
ATTEST
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VIS'TA)
I,
of Chula Vista, California, DO HEREBY CERTIFY
true and correct copy of Resolution No.
not been amended or repealed. DATEb
, City Clerk of the Clty
that the above lS a full,
, and that the same has
City Clerk
AGREEHENT BETWEEN TilE qTY OF CHULA VISTA
AND WILSEY AND HAH FOR lHE PREPARATION OF
CONCEPTUAL PLANS FOR TELEGRAPH CANYON ROAD
AND CHANNEL
THIS AGREEHENT, made an4 entered into this 19th day of
June, 1974, by and between the City of Chula Vista, a mun~cipal
corporation, hereinafter called "City" and WILSEY AND HAH, here-
inafter called "Engineer of Work", a Civil Engineering firm having
their office and principal place of business at 1400 Sixth Avenue,
Suite 211, San Diego, California, 92109;
WIT N E SSE T H
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WHEREAS, the Telegraph Canyon area in the City of Chula
Vista is presently under consideration for development by various
property owners along the existing Telegraph Canyon Road, and
1~IEREAS, a coordinated design of the overall road,
drainage channel and sewer facili~ies in the Canyon is necessary
in order to permit the logical and orderly development of the
adjacent properties on an individ4al basis, and
WHEREAS, the City desires that conceptual plans for the
coordinated development of Telegrqph Canyon road, sewer and drain-
age facilities between Crest Drive and the existing County box
culvert crossing Telegraph Canyon Road just east of Rutgers Avenue
be prepared, and
WHEREAS, the Director of Public Works of the City of Chula
Vista, hereinafter referred to as "Director" has recommended that
the City employ said Engineer of Work to perform the duties of
Engineer of Work as specified in ~his Agreement, and
WHEREAS, the City Council on Hay 21, 1974 directed the
preparation of an agreement desig~ating Wilsey and Ham as consul-
ting engineers for the Telegraph Ganyon Road/Channel Project.
NOW, THEREFORE, it is m4tually understood and agreed by
and between City and Engineer of Work as follows:
I. EHPLOYHENT OF ENGINEER OF WORK.
That Engineer of Work is hereby employed by City as Engi-
neer of Work to perform all of the professional services hereinafter
defined and described in connection with the Project, and that said
Engineer of Work shall be paid by 'the City for his services the
compensation hereinafter set fort~, and said Engineer of Work does
hereby agree to do and perform sa~d services hereinafter defined
and set forth for the compensatiori hereinafter fixed.
II. DUTY OF ENGINEER OF WORK.
The Engineer of Work sh~ll, in a good, workmanlike and
professional manner and at his own cost and expense, furnish all
of the labor, technical, administ~ative, professional and other
personnel, all supplies and materials, machinery, equipment,
printing, vehicles, transportation, office space and facilities
calculations, and all other means ~hatsoever, except as herein
otherwise expressly specified to be furnished by City, necessary
or proper to perform and complete ,the work and provide the
services required by the Engineer of Work by this Agreement.
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follows:
III. WORK REQUIRED OF THE ENGINEER OF WORK.
Engineer of Work agrees to do and perform the work as
A. Preliminary Phase
1. Confer with City to review the desires and
requirements of both the staff and the City
Council; review available materials assembled
by the City; confer with various agencies and
utility companies affected.
2. Plan for and procure the necessary aerial
photogrammetry. Aerial photogrammetry to be 100'
scale. The base maps shall depict an area at
least 600 feet wide and have a contour inverval
of 2 feet.
3. Prepare alternative preliminary engineering
studies, designs and comparisons of relative cost.
The study shall result in a recommendation to the
Director as to high~ay realignment considerations,
type of channel and lining, procedures for crossing
the channel, requirements of utilities and consid-
eration of other agency criteria.
4. Prepare a computerized hydrology study to
determine the anticipated flow quantities based
on variable land usage and other conditions im-
posed by the propos~d design.
B. Plan Preparation and Conceptual Design Phase
Upon approval by the City of the conceptual alternate
to be used, a plan and profile shall be prepared in ink
on mylar at a scale of one inch equals 100' horizontally
and 10' vertically. It shall be prepared on Chula Vista
"D" sheets and shall show the following:
1. Centerline alignment for sewer and utilities
(both existing and any proposed realignment), high-
way, and major drainage facilities.
2. Centerline and outside gutter grades for Telegraph
Canyon Road. Outside gutter grades along the roadway
will be necessary only in those areas where the rela-
tionship of the street surface and top of channel
bank elevations would be critical. Street grade de-
sign shall not include street surface drainage con-
siderations.
3. Flowline grade for drainage channel and road
crossing structures.
4. Flowline grade for sewer (both existing and
any proposed realignment).
S. Typical sections of drainage channel to be
utilized at various' locations (one-half mile maxi-
mum spacing) along the reach of the project. Typical
sections shall detail channel lining and/or other
permanent features of construction.
6. Drainage structures and transitions of the
channel crossing Te~egraph Canyon Road and the
two north-south collector roads. These structures
shall be designed in concept and shown on the plan
with specific reference to inlet and outlet conditions
and head requirements.
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7. Designated areais within channel likely to
require additional erosion protection.
8. Right of way lines as provided by the City
and/or as modified by the Engineer of Work. Such
lines are not intended to be adequate for right of
way acquisition purposes.
9. Daylight line of proposed channel and roadway
cut and/or fill slopes or areas graded to drain
to the channel.
C. Estimate Preparatiop Phase
Prepare preliminary estimate of cost for work depicted
upon the conceptual plap. Make necessary assumptions
regarding earthwork quantities, structural street sections
and other factors not precisely determined.
D. Project Report
A written report (lp copies) shall be submitted in-
corporating alternative$ considered, logic behind the
design, assumptions made, the hydrology study, capaci-
ties provided by the final design, reference drawings,
design calculations and other information which may
evolve during the development of the design. (Such
report shall be in such form as to permit its utili-
zation in the design of subsequent piecemeal segments
of the overall project. It shall additionally provide
a basis for preparation of an E.I.R. on the project by
the City.)
IV. TIME FOR COMPLETION OF WORK.
The Engineer of Work shilll diligently prosecute the work
and shall complete such work within six (6) months following receipt
of formal notification by the City of transmission of Items B through
H as set forth in Section VII below. Extensions of time may be
granted by the Director to offset delays occasioned by factors be-
yond the control of the Engineer of Work and/or those which could
not reasonably have been foreseen at the time of execution of the
Agreement.
V. OWNERSHIP OF DAT~, REPORTS AND DOCUMENTS.
The Engineer of Work shall deliver to the Director, as
the work is completed, all notes of field surveys made, all reports
of tests made, studies, reports, Wlans, drawings, and all other
materials and documents received ~y or prepared by the Engineer of
Work in the performance of this Agreement; all such notes, reports,
studies, plans, drawings, and other materials and documents shall
be the property of the City.
VI. DIRECTOR TO REPRESENT CITY.
The Director or his designated representative shall repre-
sent the City in all matters pert~ining to services rendered pursuant
to this Agreement and shall administer this Agreement on behalf of
the City.
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VII.
WORK TO BE PERFO,RMED BY CITY.
I
On its part, the City agrees to provide the following at
no cost to the Engineer of Work:
A. All necessary field, survey work and monumentation
of ground controls.
B. Available hydrology and runoff information speci-
fically including the 1964 drainage study by Lawrence,
Fogg, Florer and Smith.
C. Precise proposed alignment for Telegraph Canyon
Road.
D. Plan-profile of existing trunk sewer.
E. All pertinent record data available in City files.
F. Necessary soils information (through separate
contract).
G. Research concerning plant life appropriate to use
as a channel lining.
H. Preliminary grade and alignment of two proposed
north-south collectors which will intersect Telegraph
Canyon Road.
VIII. ENGINEER OF WORK'S FEE.
The City hereby agrees to pay the Engineer of Work as
full compensation for his services on the basis of salary cost
times a factor, plus incurred expenses. Total compensation for the
completed work shall not exceed SIXTEEN THOUSAND, SIX HUNDRED
DOLLARS AND NO/CENTS ($16,600.00).
Billings and payments shall be made based on the following:
A. Personnel Services:
1. 2.1 times salary cost plus 25% of salary cost
for payroll taxes apd other employee benefits.
Salary cost is defined as total hours worked times
the employee's stra~ght time rate of pay on an
hourly basis. All time spent in connection with
the work by executive, professional, subprofessional,
technical, and cler~cal employees will be included.
Straight time rates of pay applicable to the work to
be performed are:
Associate
Project Engineer
Engineer
Junior Engil'1eer
Design Draftsman
Draftsman
Clerical
$11.50 - 12.75
9.50 - 10.50
7.35 - 8.90
5.50 - 6.50
6.25 - 7.35
4.75 - 6.00
3.00 - 4.00
Billing shall be based upon the actual rate within
the range shown above paid to the specific employee
performing the work.
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B. Transportation Expe~ses:
1. Eighteen cents 1(18<1:) per mile for use of
vehicles.
C. Outside Services:
1. Invoice cost of services and expenses charged
to the Engineer of Work by outside consultants,
professional, or te,chnical firms engaged in con-
nection with the wOlrk. Outside services shall be
authorized in advance by the Director.
D. Miscellaneous Expenses:
1. The invoice cost of materials, supplies, repro-
duction work, and other services, including communi-
cation expenses, pr,ocured by the Engineer of Work
from outside sources, plus a service charge of 10%.
All out-of-pocket expenses not included in Items A,
B, and C wi 11 be included in this category.
2. a. Electronic distance measuring devices
used in performing services for a client -
$20 per hour. (Use of such devices shall
be authorized in advance by the Director).
b. Computer use charges - Vary depending
upon program and outside service used.
(Computer use charges shall be authorized
in advance by the Director).
E. Terms of Payment:
Fees and all other charges will be billed monthly
as work progresses ~nd the amount of each billing
shall be due and payable ten (10) days after the
date of such billing. Any portion of a billing
not paid within thirty (30) days of the billing
date shall be consipered delinquent and shall bear
a delinquency charge of one percent (1%) per month
on the unpaid balance, but in no event shall said
delinquency charge or the payment thereof extend
the due date.
The aggregate amount billed shall not exceed:
(1) $7,470.00 upon delivery of the completed con-
ceptual plan.
(2) $14,940.00 upon delivery of the completed
project report.
(3) $16,600.00 upoh acceptance of the total work
by the City.
IX. DEFAULT OF ENGINEER OF WORK.
I
This Agreement may be terminated for default if the
Engineer of Work breaches this Agreement or if the Engineer of
Work refuses or fails to prosecute the work under this Agreement
or any phase of the work, with such diligence as will assure its
completion within the time fixed for completion. Termination of
this Agreement because of a default of the Engineer of Work shall
not relieve the Engineer of Work from liability for such default.
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X. PAYMENT UPON DE~AULT OF ENGINEER OF WORK.
In the case of termina~ion of this Agreement for default
of the Engineer of Work, the Engtneer of Work shall be entitled to
payment of the reasonable value o:f the work and services he per-
formed after execution of this Agreement and prior to its termi-
nation, less the aggregate of all sums previously paid to the
Engineer of Work for work and services performed under the Agree-
ment and less any increase or additional costs of expenses incurred
by and any damages suffered by the City by reason of such default.
XI. CITY'S RIGHT TO TERMINATE; PAYMENT.
A. Notwithstanding any other section or provision of
this Agreement, the City shall have the absolute right
at any time to terminat'e this Agreement or any work
to be performed pursuan~ to this Agreement.
B. In the event of termination of this Agreement by
the City in the absence of default of the Engineer of
Work, the City shall pay the Engineer of Work the
reasonable value of the services actually performed
by the Engineer of Work up to the date of such termi-
nation, less the aggreg,ate of all sums previously
paid to the Engineer of Work for services performed
after execution of this Agreement and prior to its
termination.
C. The Engineer of Work 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.
XII. TERMINATION: DELIVERY OF DOCUMENTS.
In the event of termination of this Agreement, and upon
demand of the Director, the Engineer of Work shall deliver to the
Director all field notes, surveys, studies, reports, plans, drawings
and all other materials and documents prepared by the Engineer of
Work in the performance of this Agreement, and all such documents
and materials shall be the property of the City; provided, however,
that the Engineer of Work may retain copies for his own use.
XIII. MODIFICATIONS OF AGREEMENT.
This Agreement may be a~ended by reason of changes in
the scope of the Project as described herein and the amount of any
adjustment (increase or decrease) shall be determined by negotia-
tions to the mutual satisfaction of the Director and the Engineer
of Work and approved by the City Council.
XIV.
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 effects of any person what-
soever, nor for personal injuries to or deaths of them or any of
them, whether caused by or resulting from any acts or omission of
the Engineer of Work, or his agents, employees or representatives,
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not including liability by reaso~ of acts or omission caused by
the City, its agents or employees', the Engineer of Work 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 cost and expenses incurred by the
City on account of any claim therefor, including claims by reason
of alleged defects in the plans and specifications; and in the
event that a court of competent jurisdiction should determine that
the City has no authority to provide by agreement for the perfor-
mance of the hereinabove set forth professional services, or any
of them, the Engineer of Work nevertheless agrees to assume the
foregoing obligations and liabilities by which it is intended by
both parties that the Engineer agrees to indemnify and to save
the City harmless from all claims arising by reason of the work
done by the Engineer of Work.
XV. LIMITATION OF LIABILITY.
Any and all liability, claim for damages, cost of defense,
or expenses to be levied against pngineer of Work will be limited
to a sum not to exceed FIFTY THOUSAND DOLLARS AND NO/CENTS
($50,000.00) or the amount of its fee, whichever is greater, on
account of any injury or damage to persons or property or arising
out of any design defect, error, omission, or professional negli-
gence. Further, the City agrees to notify any contractor or sub-
contractor who may perform work in connection with or making use
of any design, report or study prepared by Engineer of Work of
such limitation of liability and require as a condition precedent
to it performing the work a like limitation of liability on their
part as against the Engineer of Work. In the event the City fails
to obtain a like limitation of li~bility provision as to injury
or damage to persons or property, design defects, errors, omissions,
or professional negligence, any liability of the Engineer of Work
and/or the City to such contractor or subcontractor arising out of
alleged injury or damage to persops or property, design defects,
errors, omissions, or professional negligence shall be allocated
between the City and the Engineer of Work in such a manner that
the aggregate liability of the Engineer of Work shall not exceed
FIFTY THOUSAND DOLLARS AND NO/CENTS ($50,000.00) or the amount
of its fee, whichever is greater.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
ENGINEER OF WORK
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Approved as to form by
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Clty A~torney
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