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HomeMy WebLinkAboutReso 1979-9820 Form No. 342 Rev. 9-71 RESOLUTION NO. 9820 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MITCHELL-WEBB ASSOCIATES, INC. FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF SOLAR HEATING SYSTEM AT LOMA VERDE POOL 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 MITCHELL-WEBB ASSOCIATES, INC. for the preparation of plans and specifications for construction of solar heating system at Lorna Verde Pool, dated the 23rd day of October , 19 79, a copy of which is attached hereto and incorporated herein, the-5ame as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $9,000 be and the same is hereby authorized to be expended from project PD-13, Account No. 600-6000-PD-13 for the above purposes. 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 ~~berg', ~ ~ ~ -, J n . lPPlt.t, c~~er ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of October , 19~, by the following vote, to-wit: AYES: Councilmen McCandliss . Scott . Gillow , Hyde NAYES: Councilmen None ABSENT: Councilmen Cox AT~tfl~kr STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) .~i.Q. /-r.-- ( ( Mayor of the City of Vista I , Chula Vista, California, DO HEREBY and correct copy of Resolution No. been amended or repealed. DATED , City Clerk of the City of CERTIFY that the above is a full, true , and that the same has not City Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MITCHELL WEBB ASSOCIATES, INC. FOR THE PREPARATION OF PLANS ~ND SPECIFICATIONS FOR CONSTRUCTION OF SOLAR HEATING SYSTEM AT LOMA VERDE POOL THIS AGREEMENT, made and entered into this 23rd day of October, 1979, by and between the City of Chula Vista, a municipal corporation, hereinafter called "City." and Mi tchell"Webb Associates, Inc., hereinafter called "Engineer of Work," a consulting engineering firm having their office and principal place of business at 1927 Fifth Avenue, San Diego, California 92101. WIT N E SSE T H WHEREAS, the City of Chula Vista has budgeted funds for the installation of a solar heating system for Lorna Verde Pool, designated as C.I.P. Project PD-13 in the FY1979-80 budget, and WHEREAS, the City desires that plans and specifications be prepared, and, WHEREAS, the City Engineer 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 the Engineer of Work as specified in this Agreement, and NOW, THEREFORE, it is mutually understood and agreed by and between the City and Engineer of Work as follows : I. EMPLOYMENT OF ENGINEER OF WORK: The Eng ineer of Work is hereby employed by Ci ty as Engineer 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 and compensation hereinafter set forth, and said Engineer of 1tJork does hereby agree to do and perform said services hereinafter defined and set forth for the compensation hereinafter fixed. If- j> ?~ 6 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 whatsoever, 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. III. WORK REQUIRED OF THE ENGINEER OF WORK: Engineer of Work agrees to do and perform the work as f 0 11 0 ws : A. Prepare preliminary designs and/or studies of alternative systems proposed for review by City staff. A cost effective analysis shall be made of the various designs proposed. B. Prepare final design plans and specifications which include the following considerations. o ~'b1 1. Design a solar system which can be built within the funds available for construction, $77,000. 2. Prepare a final design which includes a choice of panels by various manufacturers. Plastic panels will not be acceptable. The use of glazed or unglazed panels will be dependent upon the Engineer of Work's economic analysis of the system and efficiency of the system. :3 . Protection of panels from damage by vandals. 4. Include in the design the possibility of utilizing the solar system for augmenting the present hot water system. 5. Inclusion of an automatic recorder which indicates the time that the existing heating system comes on and is in service. G. Meeting safety standards - 197G edition of Uniform Plumbing Code (UPC), 1975 edition of the National Electrical Code (NEC), 197~ edition of the Uniform Mechanical Code (UMC), 197(,) Uniform Building Code, and 1976 Solar Energy Code. -2- 7. Protection of the system from clogging from material in the water (i.e., in event of failure of pool filtration system). 8. Installation of solar panels on roof of Lorna Verde facility as first preference. Ground support of panels to be considered if roof support is not economically and structurally feasible. C. Provide bid quantities and prepare cost estimate. D. Act as City's consultant during construction to ensure compliance with specifications. Engineer of Work shall provide originals of "as-built" plans upon completion of work and acceptance of work by City Council. E. Provide engineering to design additional roof supports if necessary to support weight of solar panels. This work shall not proceed unless authorization is first obtained from the City. IV. TIME FOR COMPLETION OF WORK: The Engineer of Work shall complete the plans, specifications and estimates 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 surveys made, all reports of tests made, studies, reports, plans, drawings, and all other materials and documents 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. -3- qgUJ 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: A. All field survey work and monumentation of ground controls as required. B. Supply copies of the building plans for the pool as required by the Engineer of Work. C. All pertinent record data available in City files. D. All existing utility information as provided by the various companies. E . L i n ens wit h C i t Y tit 1 e b 1 0 c k 0 n wh i c h the des i g n is to be placed. F. City will print final plans and contract documents for bidding and construction purposes. VIII. ENGINEER OF WORK'S FEE: The City does hereby agree to pay the Engineer of Work vn an hourly basis in accordance with the attached wage schedule (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 A Subsection B & C Subsection D Subsection E ($2500) ($4500) ($1500) ($ *) Total Compensation not to Exceed $8500 *payment for work done per Subsection E shall be paid for on an hourly basis in accordance with the attached wage schedule (Exhibit A). 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 _he City Engineer and submission to the City Engineer the originals of the final "as-built" plans. -4- qr;JD 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. P~YMENT UPON DEFAULT OF ENGINEER OF WORK: In the case of termination of this Agreement for default of the Engineer of Work, 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 ~reviously 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. XI. CITY'S RIGHT TO TERMINATE: PAYMENT: A. Notwitstanding any other section or provision of th i s Ag reemen t, the Ci t Y shall have the abso I ute 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 Engineer of Work up to the date of such termination, less the aggregate 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. XI1. 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 other materials and documents prepared by the Engineer of Work in the -5- 1<620 .4 , ., ., 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 amended by reason of changes in the scope of the Project as described herein and the amount of any adj ustment (increase or decrease) shall be determined by negotiations to the mutual satisfaction of the Director and the Engineer of Work and approved by the City Council. XIV. INDEMNITY: Architect-Engineer ngrees 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 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 Architects-Engineers, 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. 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. -6- ycg:w '. IN WITNESS WHEREOFr the parties hereto have executed this Agreement on the day and year first hereinabove set fo r th . THE CITY OF CHULA VISTA , ~\. /-'J~ ( )~') (V I. (\ '-^--., ~ (. U Mayor, City of Chula' ista Approved as to form by: ,"_.- " ,,' </:i.~':~,.,..,.......,",~.;?\~", ,./ \/ . ~ ,/~ ?City Attorney --~.--( </'<;-( --," ,,/1 //' c- -7- q't ZO '. . EXHIBIT "A" '~''r . . '~:..;(';;,tJJ.,~-:< " :'-~~ '.~.~ MITCHEll,WEBB ASSOCIA;ES, INC. "..~~~\i;(!"~\!"it..:= CONSULTING ENGINEERS '", ~2 \~~~ ~~:~:~:;~:~~r:e~~~.~~~~~:d~~~~1605 mITCHEll-WEBB ASSOCIATES, INC. CONSULTING ENGINEERS (mechanical/Electrical) CURRENT BILLING RATES AS OF JULY 1, 1979 THRU DECEmBER 31, 1979 HOURLY RATE BILLING RATE Principals: William E. mitchell, P.E., S.E.T. Creighton A. Webb, P.E. Stephen D. Heath, P.E. $24.00 $60.00 Senior Project Engineer $16.00 $40.00 $14.50 $36.25 $13.00' $32.50 $11.00 $27.50 $ 9.50 $23.75 $ 8.50 $21.25 $ 7.50 $18.75 Engineer-Electrical and mechanical Specifications/Cost Estimate Designer Delineater Draftsman Secretarial 9~2i)