HomeMy WebLinkAboutReso 1980-10389
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RESOLUTION NO. 10389
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT WITH POUNTNEY & YOUNG INC.
FOR THE PERFORMANCE OF A SEWER CONDITION SURVEY AND
PREPARATION OF A REPORT ON THE CONDITION OF THE
SANITARY SEWER IN THE COUNTRY CLUB AREA AND BETWEEN
"G" AND "J" STREET WEST OF BAY BOULEVARD, 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 POUNTNEY & YOUNG
INC. for the performance of a sewer condition survey and prepara-
tion of a report on the condition of the sanitary sewer in the
County Club area and between "G" and "J' Street west of Bay
Boulevard, dated the 3rd day of February , 1981, 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 City Council does hereby
authorize the expenditure of $28,000 for this project from the
follONing accounts:
PROJECT
ACCOUNT
AMOUNT
Sewer Replacement,
Country Club Area
600-6000-SI06
$ 7,960.80
Replace sewer along SD&AE
Railroad from IIG" to "J"
995-9550-BFOl
5,000.00
Sewer replacement along
SD&AE Railroad from "G" to
IIJIl
600-6000-SI07
15,039.20
TOTAL FUNDS
$28,000.00
Presented by
Approved as to form by
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John P. Lippitt, City
Engineer
/'
George D. Lindberg, City Attorney
,
CHlLA VISTA, CALIFORNIA, this
I.... 1
"'... , by the following YOte, to-wit:
AYES:
NAYES:
ABSTAIN:
ABSENT:
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
3rd
Februarv
day of
Councilmen
Scott. Gillow. Hvne l.OY Mrr~nrll;~~
None
Councilmen
Coc.ncilmen
Councilmen
None
None
fA)&J2 "(~
Mayor of the City of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 10389
,and that the same has not been amended or repealed.
DATED
CC-660
(seal)
City Clerk
j03r9
EXHIBIT "A"
SCHEDULE OF FEES
Based on all cleaning by RCM, Inc.
Country Club Area
Cleaning
TV Inspection
Video Taping
$1. 00 per foot
0.70 per foot
0.05 per foot
Along SD&AE Railroad
Cleaning
TV Inspection
Video Taping
$1'.25 per foot
0.80 per foot
0.05 per foot
Principal Engineer $40.00 per hour
Engineer $33.00 per hour
Drafter $25.00 per hour
Reproduction Cost Allowance $150.00 lump sum
Not to Exceed
!03ocr
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
POUNTNEY & YOUNG, INC. FOR THE PERFORMANCE OF A
SEWER CONDITION SURVEY AND PREPARATION OF A REPORT
ON THE CONDITION OF THE SANITARY SEWER IN THE
COUWfRY CLUB AREA AND BETWEEN "G" AND ",1" STREET
WEST OF BAY BOULEVARD
THIS AGREEMENT, made and entered into this
3rd day of February , 1981 ,by and
bet~1:he<=[ty of Chula Vista, a municipar-corporation,
hereinafter called "City" and pountney & Young, Inc.,
hereinafter called "Engineer of Work", a consulting
engineering firm having their office and principal place of
business at Mission Office Park, 6150 Mission Gorge Road,
Suite 219, San Diego, California, 92120.
WIT N E SSE T H:
WHEREAS, the "City" has budgeted funds for the
investigation of the condition of the existing sanitary
sewer in the Country Club area, project SI-06 and the
sanitary sewer between "G" and "J" Streets west of Bay
Boulevard along the right-of-way of the Coronado Branch Line
of the San Diego and Arizona Eastern Railway, project 51-07
as designated in the Capital Improvement Program, FY1980-81
budget, and
WHEREAS, the City desires that an investigation and
report be prepared on the condition of aforementioned
sewer s, and
WHEREAS, the City Engineer of the City of Chula
Vista heieinafter referred to as "Director", has recommended
that the City employ said Engineer of Work to perform the
duties of the Engineer of Work as specified in this
Ag reement, and
NOW, THEREFORE, it is mutually understood and
agreed by and between the City and Engineer of Work as
follows:
1.
EMPLOYMENT OF ENGINEER OF WORK:
The Engineer of Work is hereby employed by City as
Engineer of Work to perform all of the professional services
hprpinafter oefinen and nescriberl in connection with the
Prniect. ann t.hat said Enqineer of Work Shrill be O;Jir! hv the>
City for his services and compensation hereinafter set
forth, and said Engineer of Work does hereby agree to do and
perform said services hereinafter defined and set forth for
the compensation hereinafter fixed.
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II.
DUTY OF ENGINEER OF WORK:
The Engineer of Work shall, in a good, workmanlike
and professional manner and at his own cost and expense,
furnish all of the labor, technical, administrative,
professional and other personnel, all supplies and
materials, machinery, equipment, printing, vehicles,
transportation, office space and facilities, calculations
and all other means whatsDever, e){cept as herein otherwise
expressly specified to be furnished by City, necessary or
proper to perform and cDmplete the wDrk and provide the
services required by the Engineer of Work by this Agreement.
III.
WORK REQUIRED OF THE ENGINEER OF WORK:
Engineer Df Work agrees to do and perform the work
as follows:
A. Clean closed circuit television inspection and
prepare audio videO' tapes of the sanitary sewers in the
follDwing areas:
1. Country Club Area bDunded by Hilltop
Drive, First Avenue, "[II Street and "KIl Street, not
including the sewer in "K" Street approximately:
a .
b.
TOTAL
4620 lineal feet 6 inch main
2090 lineal feet 8 inch main
2. Bayfront area between IIG11 Street and I'JII
Street along the easterly right-Df-way line of the Coronado
Branch Line of the San Diego and ArizDna Eastern Railway.
approximately:
a .
b.
TOTAL
1~60 lineal feet 18" main
2300 lineal feet 21" main
B. Coordinate the cleaning, television inspection
and video taping. Review the video tapes.
C. Prepare and furnish a written report to' the
"DirectDr" which evaluates the video tapes, identifies
problem areas and alternatives to' sDlving prDblems
discDvered in the investigation, lists and discusses the
envirDnmental consequences peculiar to the materials and
method Df installation fDr each Df the alternatives including
any mitigating measures, presents CDSt estimates and
economic evaluation of each of the alternates and contains
recDmmendations on hDW the City should proceed in cDrrecting
any problems discussed in the investigation.
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D. Provide the City with 10 copies of the final
report.
E. If Engineer of Work recommends re-lining as the
method to correct any problems or defects in the existing
sewers; provide City with contract special provisions to
standard specifications for material recommended and method
of installation.
IV. TIME FOR COMPLETION OF WORK:
The Engineer of Work shall complete the work
contracted for in accordance with this agreement within
ninety (90) calendar days from date of execution of
Agreement or delivery of required information and materials
to be provided by City, whichever occurs last.
V.
DIRECTOR TO REPRESENT CITY,
The Director or his designated representatives
shall represent the City in all matters pertaining to
services rendered pursuant to this Agreement and shall
administer this Agreement on behalf of the City.
VI. OWNERSHIP OF -DATA, REPORTS AND DOCUMENTS:
The Engineer of Work shall deliver to the Director,
as the work is completed, all notes of field investigations
and surveys made, all reports of tests made, studies,
reports, drawings, video tapes, and all other materials and
documments received by 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.
VII.
WORK TO BE PERFORMED BY CITY,
On its part, the City agrees to provide the
following at no cost to the Engineer of Work:
1. All pertinent record data available in City files.
2. All existing utility information as provided by the
various utility agencies.
3. Expose and backfill dead ends of sewers that do
not have manholes or minimum 4" diameter cleanouts
at both ends of line.
4. All necessary authorization to enter onto private
property and provide encroachment permits, as required,
for work within street right-of-ways.
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VIII.
ENGINEER OF WORK'S FEES:
The City does hereby agree to pay the Engineer of
Work on an hourly basis or per lineal foot basis in
accordance with the attached wage schedule (Exhibit A). The
City does hereby agree to reimburse the Engineer of Work for
actual reproduction 'costs in accordance with Exhibit A. The
Engineer of Work does hereby agree to perform all work
delegated to him by Section III, by this document for a
total compensation not to exceed the amount stated below for
each subsection:
Subsection III A-l
Subsection III A-2
Subsection TII B
Subsection III C
CONTINGENCY
($11,800)
($ 8,400)
($ 1,850)
($ 3,850)
($ 2,100)
The City agrees to 'compensate the "Engineer of Work" on an
hourly basis in accordance with the schedule listed in
Exhibi t "A" for vmrk performed under Subsection III E.
TOTAL COMPENSATION NOT
TO EXCEED
($28,000)
PAYMENT:
City agrees to make monthly progress payments to
Engineer of Work upon -receipt of statement as work is done
during the contract up to a maximum of 90%. The amount
withheld will be paid in full upon acceptance of the work by
the City Engineer and submission to the City Engineer the
originals of the final report.
IX. DEFAULT OF ENGINEER OF WORK:
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.
X.
PAYMENT UPON DEFAULT OF ENGINEER OF WORK:
In the case of termination of this Agreement or
default of the Engineer, the Engineer of Work shall be
entitled to payment of the reasonable value of the work and
services he performed after execution of this Agreement and
prior to its termination, less the aggregate of all sums
previously paid to the Engineer of Work for work and
services performed under the Agreement and less any increase
or additional costs of expenses incurred by and any damages
suffered by the City by reason of such default.
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X]!.. CITY'S RIGHT TO TERHINATE: PAYMENT:
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
Ag reement.
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 Eng ineer of Work up to the date of such
termination, less the aggregate of all sums previously
paid to the Engineer of Work for all 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 notes, calculations, studies,
reports, plans, drawings and all othei 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 WORK OR AGREEMENT:
Notwithstanding any other section or provision of
this Agreement, the City shall have the absolute right at
any time to reduce the amount of work in Subsections III A-I
and III A-2. Reduction of work as contained in those
subsections would be appropriate if television inspection of
a representative sample of the sewers to be investigated
indicates that conditions other than observed or revealed
are not expected to occur in the remaining sewers not so
inspected. Cost for cleaning, television inspection and
video tapirig will be paid per the lineal foot price
contained in the attached wage schedule (Exhibit A). No
adjustment to the prices contained in said schedule (Exhibit
.A) will be made for reducing the work contained in
Subsections III A-I and III A-2.
in the
amount
This Agreement may be amended by reason of changes
scope of the project as described herein and the
of any adj ustment (increase or decrease) shall be
1038<1
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determined by negotiations to the mutual satisfaction of the
Director and the Engineer of Work and approved by the City
Council.
XIV.
INDEMNITY:
Engineer of Work agrees to indemnify and save City
and its agents and employees harmless from any and all
liability, claims, damages or injuries to any person,
including injury to Architect's-Engineer's employees and all
claims which arise from or are connected with the neglgent
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 Architects-Engineers, his
agents or employees, and all expenses of investigating and
defending against same; provided, however, that this
idemnification and hold harmless shall not include any claim
arising from the sole negligence or willful misconduct of
the City, its agents or employees.
XV. LIMITATION OF LIABILITY:
Any and all liability, claim for damages, cost of
defense, or expenses to be levied against Engineer 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 negligence. Further, the
City agrees to notify any contractor or subcontractor 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 liability of
the Engineer of Work and/or the City to such contractor or
subcontractor arising out of alleged injury or damage to
persons 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.
{G3Y?
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CITY OF CHULA VISTA
ENGINEER OF HaRK
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Mayor, City of Chu . Vista
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Pountney~and Young
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. "City Clerk {}
Approved as to form by:
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City Attorney
10309
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