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HomeMy WebLinkAboutReso 1979-9867Form No. 342 Rev. 2/76 RESOLUTION N0. 9$67 RESOLUTION OF THE CITY COUNCIL OF 'PHE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BOYLE ENGINEERING CORPORATION FOR THE CHULA VISTA GOLF COURSE DRAINAGE STUDY 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 BOYLE ENGINEERING CORPORATION, for the Chula Vista Golf Course drainage study dated the 4th day of December 19 79 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 sum of $21,600 is hereby authorized to be expended from C.I.P. Project #GC-03 Account No. 600- 6000-GC03C for the purpose set forth hereinabove. 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 J n P. L ppi t, ~C%ty'~E4n sneer Approved as to form by George ~ Lind erg, Citt~ Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 4th day of December , 1979 , by AYES: Councilmen NAPES: Councilmen None ABSENT: Councilmen None McCandliss, Scott, Gillow, Cox C,J~'~ ~~ ~ ~_~ Mayor of the City of Chula Vista ATTEST ~(.~ D ty City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) of Chula true and not been I, , City Clerk of the Vista, California, DO HEREBY CERTIFY that the above is a correct copy of Resolution No. and that the same amended or repealed. DATED City full, has City Clerk t AGREEMENT BETWEEN 'CHE CITY OF CHULA VISTA AND AOYLF, ENGINEERING CORPORATION FOR THE CHULA VISTA GOLF COURSE DRAINAGE. STUDY THIS AGREEMENT. made end entered into this 4th day of December, 1S?9. by and between the City of Chula Vista, a municipal corporation.. hereinafter called "City." and Boyle Engineering Corporation, hereinafter called "Consultant." a consulting engineering firm having their office and principal place of business at 780? Convoy Court, Suite 200. San Diego, CA Q211L. WITNESSETH WHEREAT. the City has budgeted funds for the Chula Vista Go7.f Course Study, hereinafter called the "Study"; and WHEREAS. the City Engineer of. the City of Chula Vista, hereinafter referred to as "City Engineer." has recommended that the City employ said Consultant to perform the professional services as specified in this agreement; and NOW. THEREFORE. it is mutually understood and agreed by and between the City and Consultant as follows I. EMPLOYMENT OF CONSULTANT The Consultant is hereby employed by City as Consultant to perform all of the professional services hereinafter. defined and described in connection with the Study, and that said Consultant shall be paid by the City for its services and compensation hereinafter set forth, and said Consultant <9oes hereby agree to do and perform said services hereinafter defined and set forth for the compensation hereinafter fixed. II. D'JTY OF CONSULTANT- The Consultant 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 this agreement. ~/~(~- % ~cl' III. 4~]ORK REQUIRED OF THE CONSULTANT:. The Consultant agrees to do and perform ttre work as described in the Scope of fn!ork, attached hereto as Exhibit ~~ A.. IV. TIME FOR COMPLETION OF wORK: The Consultant shall complete the Study within 90 calendar days from the date of execution of this agreement. V. CITY ENGINEER TO REPRESENT CITY: The City Engineer 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 Consultant shall deliver to the City Engineer, 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 Consultant 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. RESPONSIBILITIES OF CITY: Provide the Consultant with the following items as available in either City, County or serving utility company files; 1. Topo map, 200' scale, 5' contours, of golf course and adjacent area. (One set of blue line prints.) 2. Estimate of silt removal and cleanup costs for golf course for the last five years. 3. Estimate of average monthly golf course revenue f.or each month from ,January to December f.or last 3 years. 4. Number of days the course was shut down due to flooding during the last five years (by month). 5. As--Built Plans (one set) of existing side drai nage and golf course drainage structures. 5. As-Built Plans (one set) and locations of major utilities (sewer, gas, electric, water) within golf course and adjacent streets. -2- y~~ 7. Field surveys to provide: a. "AS-Built" flow lines of existing drainage structures situated upon the golf course or immediately adjacent streets. b. Cross-sections of. the major watercourse now existing through the golf course (minimum spacing - 500 feet) . Time is of the Essence. The City will provide the above items as available to the Consultant within 5 days of the request. The Intermediate Review, Draft Final Report Review, and Final Review will take no longer than five (5) working days each from the time of submittal to the City by Consultant. If the City performance takes longer than the stipulated times, the contract will be extended by the number of additional days required by the City to perform. VIII. CONSULTANT'S FEE: The Consultant's fee shall be a lump sum fee of $?.1,500.00. Payment: The City agrees to make monthly progress payments to Consultant upon receipt and approval by the City Engineer of written statements by the Consultant as the work is performed during the contract up to a maximum of 90$. The amount remaining unpaid will be paid in full upon acceptance of the Study by the City Engineer. IX. DEFAULT OF CONSULTANT: This agreement may be terminated for default if the Consultant breaches this agreement or if the Consultant 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. The time for performance of Consultant's obligation under this agreement shall be extended due to any reasonable delay caused by the City or caused by acts or factors beyond the reasonable control of Consultant. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant from liability for such default. X. PAYMENT UPON DEFAULT OF CONSULTANT: In the case of termination of_ this agreement for default of. the Consultant, the Consultant shall be entitled to payment of the reasonable value of the work and services performed after execution of this agreement and prior to its termination, less the aggregate of all sums previously paid to the Consultant for work and services performed under the /; ~ 6 ~ -3- agreement and less any increase or additional costs or 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 of 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 agreement. B. In the event of termination of this agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. C. The Consultant 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 City Engineer, Consultant shall deliver to the City Engineer all reports, plans and all other materials and documents prepared by the Consultant in the performance of this agreement, and all such documents and materials shall be the property of the City; provided, however, that the Consultant 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 Study as described herein and the amount of any adjustment (increase or decrease) shall be determined by negotiations to the mutual satisfaction of the City Engineer and the Consultant and approved by the City Council. XI V, INDEMNITY: Consultant 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 Consultant's employees and all claims which arise from or are connected with the negligent / //~~ -4 performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the negligent acts of Consultant, his agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. XV. ASSIGNMENT: This contract may not be assigned without the prior consent of both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the hereinabove written. THE CITY OF CHULA VISTA Mayor, City o~Chula st "CITY" ATTEST: ' , Deputy 'City Clerk Approved as to form by: day and year first BOYLE F.NGiNEERING CORPORATION r ~ - Daniel W. Boyd, PE Managing Engineer Water Resources Division "CONSULTANT" jC C/~ j1~~ f ~ p / CitVy Att rff ney ~! -5- ,~'y~~ ~ EXHIBIT "A" SCOPE OF !dORK CHULA VISTA GOLF COURSE DRAINAGE STUDY 100. SITE ANALYSIS 101. Make field reconnaissance of project area with City staff. 102. Estimate silt production in area from measurements and records provided by the City and from other existing information. 103. Collect and review available information such as existing reports and studies, etc. 104. Obtain available maps pertinent to the project such as road and street development plans, structure plans (for future construction and as-built) with which the project requires coordination, etc. 105. Inventory existing utilities and other existing installations that may affect the preparation of channel alternatives. 106. Discuss future plans that may affect channel type and location with City and Park and Recreation representatives. 200. HYDROLOGIC ANALYSIS The hydrologic analysis will include an estimation of design flows for the peripheral drainage system and main channel. Flow estimates for the peripheral drainage system will be made using County standards and will include a review of contributing areas below the Sweetwater Dam. Flood frequency estimates (i.e., estimated degree of protection provided) for the main channel, will be based on existing hydrology for the watershed above the Sweetwater Dam and on County standards for the area below the dam. No new hydrology will be developed for the watershed above the dam. 300. CONCEPTUAL DEVELOPMENT OF PROJECT ALTERNATIVES 301. Select conceptual alternative channel and side drainage alignments to be evaluated. Consider golf course compatability, existing utilities, existing drainage imorovements, existing structures, future improvements, etc., along the golf course. Analysis will not consider effects of drainage system downstream of golf course. 302. Select conceptual alternative channel sections and side drainage confinura- tions to be evaluated. Channel alternatives will be evaluated for several flood frequencies which may possibly include the 2-, 5-, and 10-year events. The desired result is to optimize the degree of flood orotection with consideration of golf course compatability and City budget restraints. Peripheral drainage facility capacities will be based on County standards unless construction budget constraints dictate a lesser size. f - ~~~~ ~ December 3, 1979 Page 1 of 3 Exhibit "A" 303. Conceptually determine: inlet structures, energy dissipating structures, transitions, junction structures, drop structures, inlets, sedimentation control facilities, etc., for each of the channel and side drainage alternatives. 304. Submit schematic of project alternatives to utility companies for their review and comments regarding possible conflicts. 305. Establish approximate grade lines for each of the alternative channel alignments utilizing available topographic mapping. 400. PRELIMINARY COST ESTIP1ATES 401. Select up to three of the most suitable channel alternatives and prepare preliminary quantity and preliminary cost estimates for each alternative. 402. Prepare preliminary quantity and preliminary cost estimates for up to three of the peripheral drainage system alternatives. 403. Prepare estimate of savings resulting from reduced revenue loss, cleanout, and maintenance of golf course with the alternatives using data provided by the City. 404: Intermediate Review (submit in plan view, alternative plans with cost analysis to City for review). 500. PREPARE DRAFT FEASIBILITY REPORT 501. Select up to three alternative systems for final consideration. 502. Prepare preliminary plans and profiles for the conventual channel alternatives, probably at 1" = 100/200' horizontally, and 1" = 10' vertically. 503. Prepare preliminary plan view schematic of peripheral drainage system. 504. Prepare the draft feasibility report to include: Introduction, Conclu- sions and Recommendations; Characteristics of the Study Area; Project Alternatives; Preliminary Project Costs; Plan and Profile of Channel Alternatives; and Hydraulics. 505. Draft Feasibility Report Review 600. CONCEPTUAL SIJEETi~IATER CHANNEL STUDY 601. Conceptually develop a typical channel section with capacity to carry the Sweetwater River estimated 100-year frequency flood flow. I~lork will be preliminary in nature and will be based on existing mapping and hydrology. No field trips are budgeted. December 3, 1979 Page 2 of 3 Exhibit "A" q~~7 602. Draft a typical hydraulic cross-section of channel. 603. Discuss with County the joint City/County project for channel improvement (one meeting). 700. FINAL FEASIBILITY REPORT 701. Complete Feasibility Report. 702. Final Review of Feasibility Report. December 3,1979 Page 3 of 3 Exhibit "A" ~ g~