HomeMy WebLinkAbout2008/11/04 Item 4
CITY COUNCIL
AGENDA STATEMENT
~lff:.. CITY OF
.~ (HULA VISTA
11/04/08, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MIENDING THE FISCAL YEAR 2008/2009
ENGINEERING AND DEVELOPMENT SERVICES REVENUE
AND OPERATING BUDGETS AND APPROPRIATING
UNANTICIPATED REVENUE IN THE AMOUNT OF $122,708
RECEIVED FROM NATIONAL CITY
DIRECTOR OF ENGINEERING ~
DIRECTOR OF PUBLIC WORKS KK
INTERIM CITY MANAGER <;;..-r-J
SUBMITTED BY:
REVIEWED BY:
4/STHS VOTE: YES [g] NO 0
SUMMARY
The City of Chula Vista Engineering and Development Services (Engineering and Public Works)
staff have been contracted to provide professional services to the City of National City for their
capital improvement projects. A portion of the revenues received from National City are
requested to be appropriated to the Engineering and Development Services Operating Budgets as
necessary to cover the cost of overtime incurred.
ENVIRONMENTAL REVIEW
Not applicable.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
City staff has been contracted to provide professional services to National City in an effort to
provide inter-jurisdictional support and to increase revenue opportunities. The services provided
for as per the agreement with National City include capital improvement project related tasks
such as inspection services, construction management, professional engineering, and project
management.
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The original agreement included a not-to-exceed amount of $200,000. The agreement allowed
for increasing the not-to-exceed amount with mutual agreement of the parties. The agreement
was amended on September 16, 2008, increasing the not-to-exceed amount to $475,000, an
increase of $275,000.
Due to the nature of the work and expedient effort of National City to get projects completed,
staff has had to incur a reasonable amount of overtime. The City has received to date a total of
$155,531.25 in contract revenue. It is anticipated that the City will receive a not-to-exceed
amount of $475,000 for staff time including overtime as contracted. Of that amount, actual
overtime incurred and anticipated overtime is estimated at $122,708. Approval of this item will
appropriate overtime funds in this amount to the Development Services and Engineering
operating budgets, along with offsetting revenues. There are sufficient funds received and
anticipated per contract from National City for this purpose.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations Section
I 8704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
The FY09 budget assumed revenues in the amount of $200,000 per the original agreement with
National City dated June 3, 2008. The agreement has been amended on September 16, 2008 to a
not to exceed amount of $475,000. Tonight's action will appropriate unanticipated revenue in
the amount of $122,708 in the Engineering and Development Services (Engineering and Public
Works) Overtime expenditure budgets and offsetting revenue resulting in a no net impact to the
General Fund and Development Service Fund.
A summary of the appropriations by Fu.nd/Department are as follows:
Fund
Department
Overtime
A ro riation
$51,648
$49,291
$21,769
$122,708
Offsetting Revenue
General
DSF
DSF
Engineering
PW - Construction Inspection
En - Trans ortation Plannin
Total A ro riations
$51,648
$49,291
$21,769
$122,708
ATTACHMENTS
I. National City Agreement and Amendment
Prepared by: Merce LeClair, Sr. }vfanagement Analyst, Engineering Dept.
M:\Engineer\AGENDA\CAS2008\11-04-08\NC OT AppropriationFfNAL.doc
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pTTACHMENT /
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF CHULA VISTA
At'ID
THE CITY OF NATIONAL CITY
This Agreement for Professional Services Between the City of Chula Vista and the City of
National City (AGREEMENT) is entered into and in effect as of this 4th day of June, 2008, by
and between the City of Chula Vista (CHULA VISTA), a municipal corporation, and the City of
National City (NATIONAL CITY), a municipal corporation, and is made in reference to the
following facts:
WHEREAS, NATIONAL CITY desires to employ the services of CHULA VISTA to
provide professional engineering services, including construction and project management, to
NATIONAL CITY, more specifically described in the Scope of Services.
WHEREAS, CHULA VISTA is experienced in providing engineering, constl1lction
management, and project management services and is fully qualified to provide the assistance
sought by NATIONAL CITY.
THEREFORE, IT IS AGREED AS FOLLOWS:
1. TERN[ OF AGREEMENT
A. This AGREEMENT shall be effective beginning June 4, 2008.
B. CHULA VISTA shall commence the performance of its obligations under this
AGREEMENT upon the effective date of this AGREEMENT, and shall continue through
June 30, 2009, unless this AGREEMENT is otherwise terminated or extended.
2. SCOPE OF WORK
A. Scope of Services. CHULA VISTA will perform services (DESCRIBED SERVICES) as
set forth in the attached Exhibit" A".
B. Research and Review. CHULA VISTA shall be responsible for all research and review
related to the work and shall not rely on personnel of NATIONAL CITY for such
services, except as authOlized in advance by NATIONAL CITY.
C. Changes to Scope of Services. NATIONAL CITY may from time to time reduce or
increase the Scope of Services to be performed by CHULA VISTA under this
AGREEMENT Upon doing so, NATIONAL CITY and CHULA VISTA agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction or
.increase in the compensation associated with the change in services, subject to
NATIONAL CITY City Council approval if the change leads to an amount due that
exceeds the funds authorized and appropriated pursuant to this AGREEMENT, otherwise
subject to approval by the NATIONAL CITY Director of Engineering.
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D. CHULA VISTA will periodically, and at the request of NATIONAL CrTY, provide the
services listed above at facilities operated by NATIONAL CITY or at other sites
designated by NATIONAL CITY. CHULA VISTA will periodically, and at the request
of NATIONAL CITY, attend and pa11icipate in meetings involving matters and/or
. projects for which CHULA VISTA is providing services pursuant to this AGREEMENT.
3. ADDITIONAL DUTIES
CHULA VISTA shall not perform work in excess of the DESCRIBED SERVICES without
the prior, written approval of NATIONAL CITY'S Director of Engineering and CHULA
VIST A'S City Engineer. All additions to the Scope of Work shall be mutually agreed upon
and in writing, signed by the appropriate parties prior to the commencement of any additional
duties.
4. ASSIGNMENT OF DUTIES
The duties in the described scope of work are personal to CHULA VISTA, and may not be
assigned or subcontracted to a third party without the prior written approval of NATIONAL
CITY'S Director of Engineering. CHULA VISTA shall provide the names of the individuals
assigned to perform the work pursuant to this AGREEMENT. Any changes in the
individual(s) who will be assigned by CHULA VISTA to perfom1 these services shall be
subject to approval by NATIONAL CITY's Director of Engineering.
5. CONFIDENTV\LITY OF INFORMATION
The parties recognize that much of the information to which access is granted may be
confidential in nature. As such, CHULA VISTA agrees not to disclose this information to
unauthorized persons without the prior written consent of NATIONAL CITY'S City
Manager. To the extent any of the infoTInation is protected by the attorney-client
communication privilege or the attorney work-product privilege, CHULA VISTA agrees not
to disclose this infol1nation, unless specifically authorized by the City Council of
NATIONAL CITY and the City Attorney for NATIONAL CITY, respectively.
All work performed by CHULA VISTA including but not limited to all drafts, data,
correspondence, proposals, reports, and estimates compiled or composed by CHULA VISTA
pursuant to this AGREEMENT is for the sole use of NATIONAL CITY.
6. PAYMENT FOR DESCRIBED SERVICES
NATIONAL CITY shall pay CHULA VISTA for constl1lction and/or project management
services in accordance with the fee schedule attached as Exhibit B. In order for payment to
be made, CHULA VISTA shall submit detailed monthly invoices to NATIONAL CITY for
the number of hours for which it has provided consulting services. Payment shall be made on
a monthly basis within forty-five (45) days of NATIONAL CITY'S 'receipt of CHULA
VISTA'S invoices.
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NATIONAL CITY has appropriated or otherwise duly authorized the payment of an amount
not to exceed two-hundred thousand dollars ($200,000.00) for engineeling, construction
management, and project management services and out-of-pocket disbursements pursuant to
this AGREEMENT. In no event shall the total fees plus out-of-pocket disbursements exceed
this amount without written authorization ofNA TIONAL CITY.
A. Billing Fonnat. Each billing entry must be complete, discrete and appropriate.
1. Comp lete
a. Each entry must name the person or persons involved. For instance, telephone
calls must include the names of all participants.
b. The date the work was performed must be included.
c. The hours should be billed in .10 hour increments.
d. The specific task performed should be described, and the related work product
should. be referenced ("telephoae call re: change order request," "precon meeling
with NC staff and contractors").
e. The name and title of the individual associated with the billing entry should be
included.
2. Discrete. Each task must be set out as a discrete billing entry; neither narrative nor
block billing is acceptable.
3. Appropriate
a. NATIONAL CITY does not pay for clerical supp0l1, administrative costs,
overhead costs, mileage, outside expenses or excessive expenses. For example,
NATIONAL CITY will not pay for secretarial time, word processing time, air
conditioning, rental of equipment, including computers, meals served at meetings,
travel time, postage, online research, or the overhead costs of sending or receiving
faxes. Neither will NATIONAL CITY pay for outside expenses such as
messenger delivery fees, outside photocopying, or overnight mail. To the extent
such expenses are incurred by CHULA VISTA, they are considered to already
have been compensated for such expenses by the hourly rate being paid for the
services provided pursuant to the AGREEMENT and no additional payment shall
be due or made.
b. Due to the nature of NATIONAL CITY's payment process, NATIONAL CITY
will not pay any late charges. NATIONAL CITY will pay bills within forty-five
(45) days.
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B. Acceptabilitv of Work. NATIONAL CITY shall decide any and all questions which may
arise as to the quality or acceptability of the services perfOlmed, and the acceptable
completion of this AGREEMENT. In the event CHULA VISTA and NATIONAL CITY
calmot agree to the quality or acceptability of the work perfOlmed by CHULA VISTA
pursuant to this AGREEMENT, NATIONAL CITY or CHULA VISTA shall give to the
other party written notice within ten (10) business days, CHULA VISTA and
NATIONAL CITY shall each prepare a report which supports their position and file the
report with the other party. NATIONAL CITY shall, with reasonable diligence,
determine the quality or acceptability of the work and/or the compensation payable to
CHULA VISTA.
7. TERNIINATION
NATIONAL CITY may immediately terminate this AGREEMENT for cause at any time. In
the event NATIONAL CITY terminates this AGREEMENT, CHULA VISTA shall submit a
detailed invoice for services already performed. Payment for services perfOlmed shall be
made within thirty (30) days of a receipt of CHULA VISTA'S invoice for services. Either
NATIONAL CITY or CHULA VISTA may terminate this AGREEMENT with or without
cause at any time by providing two weeks (14 calendar days) written notice to the other
party.
8. STATUS OF CHULA VISTA
NATIONAL CITY and CHULA VISTA recognize and acknowledge the relationship as that
of independent contractor. CHULA VISTA shall perform the DESCRIBED SERVICES in a
manner of CHULA VISTA'S own choice as an independent contractor, and not as an
employee of NATIONAL CITY. Under no circumstances shall the designated employee
from CHULA VISTA represent him/herself as an employee ofNA TIONAL CITY. Retention
of CHULA VISTA is based on the particular professional expertise of the individuals
rendering the services required in the Scope of Services.
9. CONTROL
Neither NATIONAL CITY nor its officers, agents or employees shall have any control over
the conduct of CHULA VISTA or any of CHULA VISTA'S employees except as set forth in
this AGREEMENT, and CHULA VISTA expressly agrees not to represent that CHULA
VISTA or CHULA VISTA's agents, servants, or employees are in any manner agents,
servants or employees of NATIONAL CITY, it being understood that CHULA VISTA, its
. agents, servants, and employees are as to NATIONAL CITY wholly independent and that
CHULA VISTA's obligations to NATIONAL CITY are solely such as are prescribed by this
AGREEMENT.
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10. HOLD HARMLESS
Defense and Indemnity
A. Claims Arising from Sole Acts or Omissions of NATIONAL CITY. NATIONAL CITY
agrees to defend and indemnify CHULA VISTA, and its agents, officers and employees,
from any claim, action, or proceeding against CHULA VISTA, arising solely out of the
acts or omissions of NATIONAL CITY in the performance of this AGREEMENT. At its
sole discretion, CHULA VISTA may participate at its own expense in the defense of any
claim, action, or proceeding, but SllCh participation shall not relieve NATIONAL CITY
of any obligation imposed by this AGREEMENT. CHULA VISTA shall promptly notify
NATIONAL CITY of any claim, action, or proceeding and cooperate fully in the defense.
B. Claims Arising From Sole Acts or Omissions of CHULA VISTA. CHULA VISTA
agrees to defend and indemnify NATIONAL CITY, and its respective agents, officers,
and employees, from any claim, action, or proceeding against NATIONAL CITY arising
solely out of the acts or omissions of CHULA VISTA in the performance of this
AGREEMENT. At its soJe discretion, NATIONAL CITY may participate at its own
expense in the defense of any claim, action, or proceeding, but such participation shall
not relieve CHULA VISTA of any obligation imposed by this AGREEMENT.
NATIONAL CITY shall promptly notify CHULA VISTA of any claim, action, or
proceeding, and cooperate fully in the defense.
C. Claims Arising from Concurrent Acts or Omissions. CHULA VISTA agrees to defend
itself and NATIONAL CITY agrees to defend itself, from any claim, action, or
proceeding arising out of the concurrent acts or omissions of CHULA VISTA and
NATIONAL CITY. In such cases, CHULA VISTA and NATIONAL CITY agree to
retain their own legal counsel, bear their own defense costs, and waive their right to seek
reimbursement of such costs except as provided in subsection E below.
D. Joint Defense. Notwithstanding subsection C above, in cases where CHULA VISTA and
NATIONAL CITY agree in writing to a joint defense, CHULA VISTA and NATIONAL
CITY may appoint joint defense counsel to defend the claim, action, or proceeding
arising out of the concurrent acts or omissions of CHULA VISTA and NATIONAL
CITY. Joint defense counsel shall he selected by mutual agreement of the parties. The
parties further agree that no party may bind the other party to a settlement agreement
without the written consent of the other party.
E. Reimbursement and/or Reallocation. Where a final judgment of a court award allocates
or determines the comparative fault of the parties, CHULA VISTA and NATIONAL
CITY may seek reimbursement and/or reallocation of defense costs, settlement payments,
judgments, and awards, consistent with such comparative fault.
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11. ATTORNEYS' FEES
Should either party to this AGREEMENT commence any legal action or proceeding against
the other party based upon this AGREEMENT, the prevailing party shall be entitled to an
award of reasonable attorneys' fees and all costs incurred in the investigation and prosecution
or defense of any such action.
12. MISCELLANEOUS PROVISIONS
A. Time of Essence. Time is of the essence for each provision of this AGREEMENT.
B. California Law. This AGREEMENT shall be constrned and interpreted in accordance
with the laws of the State of California. CHULA VISTA covenants and agrees to subinit
to the personal jurisdiction of any state comi in the State of California for any dispute,
claim, or matter arising out of or related to this AGREEMENT.
C. Waiver. The failure of NATIONAL CITY to enforce a particular condition or provision
of this AGREEMENT shall not constitute a waiver of that condition or provision or its
enforceability.
D. Conflict of Interest. During the tenn of this AGREEMENT, CHULA VISTA shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of NATIONAL CITY. The individuals assigned by CHULA VISTA to
perfonn the services pursuant to this AGREEMENT shall not perform work for or
provide information to CHULA VISTA related to the project(s) for which the individuals
are performing services for NATIONAL CITY. CHuLA VISTA agrees to preclude these
individuals from working on or sharing information about the same project(s) for the
benefit of CHULA VISTA if they have worked on the project(s) for NATIONAL CITY.
These prohibitions shall not preclude NATIONAL CITY from expressly agreeing to a
waiver of a potential conflict of interest under certain circumstances.
E. No Obligations to Third Parties. Except as otherwise expressly provided, the execution
and delivery of this AGREEMENT shall not be deemed to confer any rights upon, or
obligate any of the parties, to any person or entity other than the parties to this
AGREEMENT.
F. Constrnction. The parties aclmowledge and agree that: (i) each party is of equal
bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this AGREEMENT, and (iii) any rnle or constrnction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this AGREEMENT, or any portions, or amendments to the
AGREEMENT.
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G. Notices. All notices or other' communications required or pemlitted by this
AGREEMENT shall be in writing, and shall be personally delivered; or sent by ovemight
mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid,
retum receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or
cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed
received upon the earlier of: (i) if personally delivered, the date of delivery to the address
of the person to receive such notice, (ii) if sent by ovemight mail, the business day
following its deposit in such ovemight mail facility, (iii) if mailed by registered, certified
or ordinary mail, five (5) days (ten (10) days if the address is outside the State of
Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service, (iv)' if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v)
if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to
the following persons:
To NATIONAL CITY:
Maryam Babaki, Director of Engineering
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To CHULA VISTA:
Rick Hopkins, PE
City Engineer/Assistant Director
Engineering and General Services Department
276 Fourth Avenue
Chula Vista, CA 91910-2631
H. Countemarts. This AGREEMENT may be executed in multiple counterparts, each of
which sha1l be deemed an original, but a1l of which, together, shall constitute but one and
the same instrument.
13. INSURANCE
CHULA VISTA shall provide its own liability insurance, including automobile liability
insurance, health, disability, and any other insurance. CHULA VISTA shall not be
responsible for insurance coverage for NATIONAL CITY'S employees. NATIONAL CITY
sha1l not be responsible for insurance coverage for CHULA VISTA'S employees. CHULA
VISTA shall provide its own workers' compensation for any CHULA VISTA employee who
performs services pursuant to this AGREEMENT.
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14. FILES
All ofCHULA VISTA'S files for matters involving NATIONAL CITY produced pursuant to
this AGREEMENT, including works in progress, are the property of NATIONAL CITY, and
upon termination of this AGREEMENT, shall be immediately delivered to NATIONAL
CITY. Upon tennination or expiration of this AGREEMENT, CHULA VISTA may retain
copies of pertinent documents, but only if authorized by NATIONAL CITY.
15. ENTIRE AGREEMENT
The text in this AGREEMENT constitutes the entire AGREEMENT between the parties. No
verbal agreement or conversation with any officer, agent, or employee of NATIONAL CITY,
either before, during, or after the execution of this AGREEMENT, shall effect or modify any
of the terms or obligations contained in this AGREEMENT, nor shall such verbal agreement
or conversation entitle CHULA VISTA to any additional payment whatsoever.
16. SEVERABILITY
If any provision of this AGREEMENT is held to be invalid or unenforceable, that provision
shall be deemed severable. The remainder of this AGREEMENT, or any portion of the
AGREEMENT, shall not be affected and shall remain in full force and effect until the
DESCRIDED SERVICES are completed or the AGREEMENT is ternlinated.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the date and
year first above written.
CITY OF CHULA VISTA
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By: ,<l ~/ L/ '
/Y'Vid R. Ga;6ia~ City Manager
APPROVED AS TO FORJ.V1:
APPROVED AS TO FORM:
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George H. Eiser, III
City Attorney
J~!t,h~~
Ann Moore t/. -
City Attorney
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EXHIBIT A
Scope of Work:
The City of Chula Vista [Chula Vista] will provide Engineering and Technical staff to
assist the City of National City [National City] in the management and delivery of
pavement preservation and rehabilitation projects and various park and public facility
improvements. A Senior Civil Engineer will serve as the Project Manager for the
pavement projects and a Building Project Manager will serve as the Construction
Manager for the parks and facilities improvement projects. The following lisiingof tasks
serves to outline the process anticipated for project delivery, the estimated schedules,
and approximate costs. It is understood by both agencies that any or all of these tasks
may be performed by Chula Vista staff, however, National City may decide to perform a
portion or all of a task(s) by alternate means or resources. Chula Vista will work on an
hourly basis with regular reports to National City on the status of expenditures.
1. Tasks for Pavement Contracts.
A. Survey! Assessment.
1. Two Field Evaluation teams (two members on each team for a total of four)
shall perform field evaluations of residential streets using the PASER Manual
criteria to assign PCI ratings to each street. Streets that are deemed
appropriate for slurry seal will be marked out for dig-outs at the time the PCI
determination is made. The Project Manager will lead the field evaluation
team and shall update National City staff with the progress of the project.
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B. Prioritize/Strategize.
1. At the completion of the field evaluation. the data will be stored in an Excel
spreadsheet based on locations by neighborhoods. The purpose of grouping
by neighborhoods is to target the entire neighborhood in order to develop an
on-going pavement rehabilitation strategy.
2. The information may be placed in a Pavement Management Program (i.e.
Street Saver), should National City elect to formally introduce a Pavement
Management Program. Otherwise, the appropriate strategies will be selected
based on the PCI of the street and the direction of National City.
C. Plans, Specifications, & Engineering.
1. Construction Contract Preparation.
a. Chula Vista will prepare the necessary plans and specifications for the
Construction Contract(s). Contract preparation will occur concurrently with
the field evaluations and includes: quantifying the surface area of the
streets, quantifying the associated dig-outs per location, preparing the dig-
out quantities, and preparing the plans and specifications.
b. Construction Contracts will be finalized for National City staff to review one
week after completion of fieldwork.
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c. The plans and specifications will be signed and sealed by the Project
ManagerlDesigner and approved by National City's City Engineer.
2. Advertisement of Project.
a. A three-week advertisement period will commence after National City has
approved the construction contract specifications. The day after opening
bids and conducting the reference check, a letter will be issued to inform
the Contractor that they are the lowest bidder, references have been
checked, and that they should proceed with obtaining the required bonds
and insurance certificates.
3. Award by City Council.
a. Chula Vista's Project Manager shall prepare the required agenda
statements and associated documents necessary for the award of the
project. The Project Manager will attend the National City Council meeting
for the award of the project and answer questions regarding the project, if
requested to do so by National City.
D. Construction.
1. Based on this schedule, construction is anticipated to commence for the first
contract in August for a sixty-calendar day construction duration.
2. A Senior Civil Engineer, a Senior Public Works Inspector, and a Public Works
Inspector II will be assigned to the Construction Inspection and Contract
Administration portion of the work. Their duties include:
a. Coordination with Contractor: Coordinate with the Contractor regarding
issues such as permitting requirements, long lead item purchasing
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recommendations, implementation of the City specifications, coordination
with the Contractor regarding such issues as community relations,
permitting requirements, and pre-submittal questions.
b. Coordination for special construction requirements: Hold as-needed pre-
construction activities, such as site visits, with the Contractor.
3. Pre-Construction Meeting/Weekly Progress and Coordination Meetings:
Chula Vista will prepare agendas, meeting minutes and chair all weekly progress
and coordination meetings required by the project specifications, and as needed
during the project at the direction of National City.
4. RFl's: Chula Vista will log and facilitate all Contractor Requests for
Information [RFI's], coordinating with National City staff and assuring that
RFI's are responded to expeditiously.
5. Assist in Processing Submittal/Shop Drawing Review: Chula Vista will log
and facilitate all Contractor submittalslshop drawings for the project and
provide a preliminary review assuring the submittal has been submitted as
required by the Contract Documents. A submittal log will be kept to track the
status on all submittals.
6. Assist in Design Revisions and Project Change Orders: Review, negotiate
and make recommendations on Contractor- and Owrier-generated
construction contract change orders; address contract revisions, design
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changes, unanticipated field conditions, additional work requests, etc. Once
reviewed, Chula Vista staff will make their recommendations to National City
for review prior to responding to the Contractor.
7. Contract Revisions: Chula Vista will prepare contract revisions, if required,
during construction to resolve problems due to unanticipated field conditions
or other field changes, and consult with, and advise, National City on contract
revision-related issues. These contract revisions mayor may not result in
contract change orders.
8. Contract Administration: Chula Vista will provide scheduling services for
periodic review, analysis, and tracking of the Contractor's construction
schedule. Chula Vista will provide construction cost accounting services
during the construction phase, including such tasks as progress payment
review, cost accounting, budget tracking, general correspondence with
National City, etc.
9, Materials Inspection Coordination: Chula Vista will facilitate any required
materials testing required by the contract and coordinate and review lab, shop
and manufacturers test reports, results of field materials testing, etc.
10. Weekly or Bi-Weekly Meetings: Chura Vista will prepare agendas, meeting
minutes, and chair all weekly progress and coordination meetings required by
the specifications and as needed during the project.
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11. Project Closeout: Chula Vista will assist National City staff with project
closeout, including final acceptance, claims negotiations, preparation of
Notices of Completion, and making recommendations for final payment and
release of retention or securities to the Contractor.
2. Tasks for Construction Manaqement of Parks and Facilities Proiects.
A. Construction Manager duties include:
1. Plan, Specifications, and Estimate reviews: Provide review and comments of
draft contract documents.
2. Coordination with Contractor: Coordinate with the Contractor regarding such
issues as permitting requirements, long lead item purchasing
recommendations, implementation of the City specifications, coordination with
the Contractor regarding such issues as community relations, permitting
requirements, and pre-submittal questions.
3. Coordination for special construction requirements: Hold as-needed pre-
construction activities, such as site visits, with the Contractor.
4. Pre-Construction Meeting/Weekly Progress and Coordination Meetings:Chula
Vista will prepare agendas, meeting minutes and chair all weekly progress
and coordination meetings required by the project specifications, and as
needed during the project at the direction of National City.
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5. RF/'s' Chula Vista will log and facilitate all Contractor Requests for
Information [RFI's], coordinating with National City staff and assuring that
RFI's are responded to expeditiously.
6. Assist in Processing Submittal/Shop Drawing Review: Chula Vista will log and
facilitate all Contractor submittals/shop drawings for the project and provide a
preliminary review assuring the submittal has been submitted as required by
the Contract Documents. A submittal log will be kept to track the status on all
submittals.
7. Assist in Design Revisions and Project Change Orders: Review, negotiate
and make recommendations on Contractor- and Owner-generated
construction contract change orders; address contract revisions, design
changes, unanticipated field conditions, additional work requests, etc. Once
reviewed, Chula Vista staff will make their recommendations to National City
for review prior to responding to the Contractor.
8. Contract Revisions: Chula Vista will prepare contract revisions, if required,
. during construction to resolve problems due to unanticipated field conditions
or other field changes, and consult with, and advise, National City on contract
revision-related issues. These contract revisions mayor may not result in
contract change orders.
9. Contract Administration: Chula Vista shall provide scheduling services for
periodic review, analysis, and tracking of the Contractor's construction
ISofli"'''
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Agreement for Professional Services
schedule. Chula Vista will provide construction cost accounting services
during the construction phase, including such tasks as progress payment
review, cost accounting, budget tracking, general correspondence with
National City, etc.
10. Materials Inspection Coordination: Chula Vista will facilitate any required
materials testing required by the contract and coordinate and review lab, shop
and manufacturers test reports, results of field materials testing, etc.
11. Weekly or Bi-Weekly Meetings: Chula Vista will prepare agendas, meeting
minutes, and chair all weekly progress and coordination meetings required by
the specifications and as needed during the project.
12. Project Closeout: Chula Vista will assist National City staff with project
closeout, including final acceptance, claims negotiations, preparation of
Notices of Completion, and making recommendations for final payment and
release of retention or securities to the Contractor.
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Agreement for Professional Services
Exhibit B
CITY OF CHULA VISTA- SELECTED HOURLY RATES
for Agreement with City of National City
. Hourly Rate Hourly Rate Hourly Rate
Employee Classification Thru 6/30/08 7/01/08 to 12/31/08 1/01/09 to 6/30/10
Associate Engineer $117 $121 $126
Associate Civil Engineer $123 $128 $133
Senior Civil Engineer $134 $140 $145
Principal Civil Engineer $168 $175 $182
Engineering Technician II $89 $92 $96
Senior Engineering Technician $91 $95 $99
Public Works Inspector II $102 $106 $110
Senior Public Works Inspector $117 $121 $126
Sr. Building Projects Supervisor $121 $126 $131
Land Surveyor $126 $131 $136
Assistant Surveyor II $109 $114 $118
Surveying Technician II $74 $77 $80
17 of 1 7.1-7
4-19
Agreement for Professional Services
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A.TVfENDMENT NUMBER ONE
TO THE AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF NATIONAL CITY
AND CITY OF CHULA VISTA
This Amendment Number One to the Agreement for Professional Services
Between the City of National City and City ofChula Vista ("Amendment") is entered into
this 16th day of September 2008, by and between the City of National City, a municipal
corporation ("CITY"), and the City ofChula Vista (the "CONTRACTOR").
RECIT ALS
A.
The CITY and the CONTRACTOR entered into an agreement on June 3,
2008, entitled Agreement for Professional Services between the City of
National City and City of ChuIa Vista ("Original Agreement"), wherein the
CONTRACTOR agreed to provide construction engineering, management,
and inspection services for the CITY'S major active projects.
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B. The Original Agreement provides that CITY may increase the Scope of
Services to be performed by CONTRACTOR.
C. The CITY now seeks to increase the Scope of Services by increasing the
number of staff/staff hours to provide additional construction engineering,
management, and inspection services for the National City major active
projects, and CONTRACTOR seeks to perform this increased work.
D. The CITY and CONTRACTOR have negotiated and agreed upon the
additional compensation associated with this increased work.
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
1. This Amendment specifies additional work to be performed by
CONTRACTOR for CITY at specified hourly rates, which is detailed in
Exhibit "A", attached hereto and incorporated herein by reference.
2. This Amendment authorizes the payment of an amount not to exceed
$275,000 for this additional work, increasing the not to exceed amount in
Section 6 of the Original Agreement from TWO-HUNDRED THOUSAND
DOLLARS ($200,000) to FOUR-HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS ($475,000) for all services, including the
additional services that are the subject of this Amendment.
3. The parties agree that with the foregoing exception, each and every term
and provision of the Original Agreement shall remain in full force and
effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the date and year first above written.
CITY OF NATIONAL CITY
By: I/? Yt __
Rc;n Morrison, Mayor
APPROVED AS TO FORM:
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George H. Eiser, III
City Attorney
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By:
Amendment No. One to Agreement
Between National City and Chula Vista
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OlY OF
CHULA VISTA
DEPARTMENT Of ENGINEERING
City of National City
1243 National City Blvd,
National City, CA 91950
EXHIBIT "A"
September 9,2008
File No, NC-0804
Attn: Ms, Maeyam Babaki
PRO.fECT: PROPOSALS FOR NATIONAL CITY, PAVEMENT RESURFAciNG, LIBRARY
REMODEL, AND OTHER RELEVANT PROJECTS
SUBJECT:
AMENDMENT NUMBER 1 TO AGREEMENT
Based llpon the anticipated work schedllle foe the eemainder of Phase 2 construction (60 wocking
days), construction duratlon for Phase 3 construction (40 working days), construction dueation for
Library Remodel project (30 woeking days), and anticipated staffing eequieements toe the Building
Demolition Pmject as weB as other eelevant pwjects, our proposal is the tollowing:
HOURLY TOTAL
TASK TlTLE " 'PERSONNEL HOURS RATE COST
Inspection Servtces Sf. Public Works Cados Melendez 540 $12100 . $65,340,00
(Phase 2) lnspector
[nspectton Services Associate Bett Juan 540 $12 lOO $65,340,00
(Phase 2) Errgineer -
[nspection Services ASSOclate Civil Patrick Moneda 540 $128.00 $69,120,00
(Phase 2) Engineer
mspecttOCl Services Senioe Public I
(Phase 3) Works Inspector "-like Schedme 360 $l2\.OO $43,560,00
Construction
rv.lanagement .
(Phase 2 and Phase 3), Sr. ClvlIEngineer Jeff Moneda 400 $14000 $56,000,00
Project rvlanagement
(BuildiIlg DemolItion
PrOject)
Sf. Building
Project j'vlanagement Projects Gordon Day 120 $126.00 $15,120,00
Supervisor ..
PROPOSAL TOTAL $3l4,480,OO
It should be noted that tbe boues sbowu above are based on the anticipated schedule from
August 18, 2008 to constructiou completion,
Theproposal breakdown sllOwn abo\'c is based on the anticipated constrnctlon schedule for the
remainder of Phase 2, the constructlon duration sllOwn in the speciflcations for Phase 3 Highland
Avenue, and the anticipated construction schedule for the Library Remodel and Buildwg Demolition
276 FOURTH AVENUE f CHUlA VI5jA-:-tA~IFORNIA 91l} 10-26J I 1(6191 Gq 1-5011
::2.. Po>! CO"',,,,,., R<<(\<:"'~ f':I~",
CITY OF NATIONAL CITY
- 2 -
. September 9, 2008
projects. If the project requires project management/inspection services beyond the work hours
assumed for this estimate or if services are needed beyond the estimate shown above, staff costs will
increase accordingly. Invoicing shall be based on 0.10 hour increments.
Should the projects require City of Chula Vista services beyond the scope outlined above, we will
proceed on a time and material basis based on our agreement with the City of National City and at
the direction of the City of National City's City Engineer.
It should be noted that our agreement with the City of National City authorizes an aggregate
payment amount not to exceed $200,000.00 for engineering, construction management, and
project management services. The authorization of this scope of work for $314,480.00, in
addition to the previous invoices for June and July 2008 totaling $83,417.50, would increase
the aggregate total payment amount to $397,897.50 for all aforementioned projects.
Total Contract
In addition to the above scope of work, it was mutually agreed that an additional $50,000 in Building
Project Manager (Gordon Day) services would be needed for Park Phases 1, 2, and 3, the Police
Department and Former Library Remodel projects. Additional work has also been assigned to Mr.
Day. We conservatively estimate that the total cost of services to be provided by Mr. Day may
approach $75,000.
Therefore, we recommend that the contract's "not-to-exceed'.' authorization be increased to $475,000
at this time. This would result in an amendment amount of $275,000. An exhibit is attached
showing staff costs per project.
Should you have any questions, please do not hesitate to contact me.
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RICHARD A. HOPKINS, P.E.
CITY OF CHULA VISTA DIRECTOR OF ENGINEERING
c: lracsema Quilantan, Assistant Director of Engineering
Merceditas LeClair, Engineering
JeffMoneda, Senior Civil Engineer.
Gordon Day, Building Project Manager
M:\Gencral Services\Design\Narional City\Proposals\Phase 2 & Phase 3 & Library Proposal Letter Revised Sept 2008. DOC
.4-23
CITY OF CHULA VISTA
NATIONAL CITY EXHIBIT
Project Staff Costs to Date (7/31/08) Anticipated Staff Costs Total Project Cost
Phase 1 Slurry Seai (07-03) $18,560 $7,640 $26,200
Phase 2 Resurfacing (08-04) $74,560 $205,000 $279,560
Phase 3 Highland Avenue (08-08) $2,775 $69,640 $72,415
Miscellaneous Bld9S and Parks - $8,575 $76,000 $84,575
Building Demolition Project (08-02) $1,050 $11,200 $12,250
Total Project Staff Cost $475,000
Approved Amount Per
Current Agreement $200,000
Requested Amendment
Amount Per New
Agreement $275,000
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Project Original Scope Staff Costs Increase in Scope of Work Total Project-Cost
Staff Costs
Phase 1 Slurry Seai (07-03) $10,000 $16,200 $26,200
Phase 2 Resurfacing (08-04) $145,000 $134,560 $279,560
- Phase 3 Highland Avenue (08-08) New Project $0 $72,415 $72,415
Miscellaneous Bldgs and Parks $45,000 $39,575 $84,575
Building Demolition Project (08-02) New Project $0 $12,250 $12,250
Total $200,000 $275,000 $475,000
Financial Breakdown of Requested Amendment Amount $275 000
RESOLUTION NO. 2008 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009
ENGINEERING AND DEVELOPMENT SERVICES
REVENUE AND OPERATING BUDGETS AND
APPROPRIATING UNANTICIPATED REVENUE IN THE
AMOUNT OF $122,708 RECErVED FROM NATIONAL
CITY
WHEREAS, on June 3, 2008, the City of Chula Vista and National City entered into an
Agreement for City staff to provide professional services to National City; and
WHEREAS, these professional services include capital improvement project related tasks
such as inspection services, construction management, professional engineering, and project .
management; and
WHEREAS, pursuant to the Agreement, National City was authorized to expend an
amount not to exceed $200,000 for the professional services; and
WHEREAS, the Fiscal Year 2008/2009 budget reflected revenues 10 the amount of
$200,000; and
WHEREAS, the Agreement was amended on September 16, 2008 to increase the not to
exceed amount of the Agreement to $475,000; and
WHEREAS, City staff has incurred overtime in .the last few months due to National
City's effort to get projects completed; and
WHEREAS, staff estimates that the amount of actual overtime incurred and anticipated
overtime is $122,708 and wishes to appropriate $51,648 to the General Fund, Engineering
Department; $49,291 to the DSF Fund, PW-Construction Inspection Department; and $21,769 to
the DSF Fund, Eng-Transportation Planning Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City orChula Vista
that it amends the Fiscal Year 2008/2009 Engineering and Development Services Revenue and
Operating Budgets and appropriates $5 1,648 to the General Fund, Engineering Department;
$49,291 to the DSF Fund, PW-Construction Inspection Department; and $21,769 to the DSF
Fund, Eng-Transportation Planning Department from unanticipated revenue received from
National City.
Presented by
Approved as to form by
Richard A. Hopkins
Director of Engineering
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Bart Miesfeld
lnterim City Attorney
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H:\ENGJNEER\RESOS\Resos2008\11.04-08\NC overtimeREV revised by ec.doc
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