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HomeMy WebLinkAboutReso 1989-15302 RESOLUTION NO. 15302 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LUKE-DUDEK CIVIL ENGINEERS FOR WATER RECLAMATION AND SEWER SERVICE ALTERNATIVES 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 LUKE-DUKE CIVIL ENGINEERS, for water reclamation and sewer service alternatives dated the 12 day of September , 1989, a copy of which is attached he'reto and incorporated herein, the same as though fully ~t 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. Presented by Approved as to form by '" ' ' J./Harron, City Attorney 0374a Resolution 15302 PA~SED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of September, 1989 by the following vote: AYES: Councilmembers: Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm, McCandliss ABSTAIN: Councilmembers: None 'Gr~or~ R. Cox, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15302 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 12th day of September, 1989. Executed this 12th day of September, 1989. ~verly ~( Authelet, City Clerk /Sab2 AGREEMENT FOR ENGINEERING SERVICES BETWEEN CITY OF CHULA VISTA AND -, LUKE-DUDEK CIVIL ENGINEERS, INC. THIS C E MEN is d and entered ~nto this day of ARE T m · .. -, 1989, by and between the CITY OF CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred to as "City", and LUKE-DUDEK.CIVIL ENGINEERS, INC., a California Corporation hereinafter referred to as 'iConsultan,," whose . address is 60S. Third Street, Encinitas, CA 92024, and covers certain professional engineering services in connection with potential City of Chula Vista wastewater treatment disposal, water reclamation, and domestic water service. = A. ~EREAS, the City is an original participating member of the "Sewage Disposal Agreement of 1960" with the City of San Diego. Termed-"member agency._of The Metropolitan Sewernge System (METRe System), the City is expected to participate in the funding and use of the multi-billion dollar secondary sewage treatment facilities now being planned by ~he City of San Diegous Clean Water Program Management team. The City*s participation in the future METRO System is expected to cost its rate payere in excess of $100 million for capital - facilities on a pro rata basis. B. WHEREAS,- the City has not Met investigated in detail the feasibility of providing its citizens sewage treatment and disposal needs as an independent or partially independent entity of the METRO System. Neither has the City examined in detail the opportunities and constraints for purveying reclaimed water within its corporate boundary, potential future boundary, and.adjacent areas of influence. C. WHEREAS, prior'to committing to future METRe System participation agreements, or modifications to the existing agreements, the City believes it prudent to investigate all reasonable sewage collection, treatment, dispos~l, and racisms,ion options. This fe~sibility investigation will provide information to either consider independent sewerage facilities, better negotiate terms of future METRO System ~. agreements, and/or assure that the City's commitment to fund future METRO sewerage facilities is in the best interests of ".'its rate payers, D. ,WHEREAS, the City also believes it prudent to investigate ,~.c, l all reasonable alternatives for providing potable wa~er .., : ' service within its existing boundary and to potential future . "~ development within the City's sphere of influence. " WITNESSETH THAT, in 'consideration of the recitals and mutual obligations of ~the'~duties as herein expressed, City and wConsultant agree}as follows: A. Wastewater Treatment, Disposal, and/or Reclamation -'- Feasibility. Study ~*,= ~e ~ T key ~ssues that will be addressed ?~ in ~esewerage system feasibility study. "' · ', ~ ~a'''*~'~ "~ ;':""'~7 .t . · sewer service boundary and existing facilities, · current.and future sewage flows, · water service boundary, s current weter usage~ · water supplies and euppliers, · hydrologic ~tudy area, · re~latory requirements -e existing agreements and ~nstitutional arrangements. . .- , A.2 ~ture Setting/% · % land use, ,-' ' "- ' · ,='~:< population projectiOnS, · 'U- pro3ected water usage and service areas, A. 3 f., Proposed M~O 'Program " ' desCrtptkon of M~RO's reco~ended program, ~. '.e"%' < :=., · .. ~ M~RO facilities plan, · · M~RO ownership and organization plan, e"' analysis of proposed METR0 program, · estimated cost~ to Chula Vista, A.4 ;~astewater Treatment Alternatives · potential sewage flows and chemical quality, regional &awage disposal alternatives, sewer service area treatment capacity required, requirements level of treAtm' nt r guired, e e conceptual treatment plant site layouts, )rocessing and disposal alternatives, effluent?~tiSp0sal alternatives, eassociated costs, ' ~economic analysis o= alte'~at~ves, '~'7 comparison ~ith proposed METRO program. Reclamation'Alternatives potential' reclaimed w~er markets, treatment'retired for each type of market, reclaimed system planning and design criteria, reclaimed water storage and distribution alternatives, associated ~ costs, ~;.}7~ economio"analysis of~, alternatives, ~aimed ~ater pricing. study, with existing water purveyors, ~ith'H~RO reclamation proposal. coordination ires ~;~: MEmO o~s" and 'operates L'-:..~7]~'.'~i~- Chula~ Vista.. owns and operates. ,. , e~;~:' Region~l~ agency bwns and operates, Rec0~ended treatment , sludge disposal alternative, reclaimed .wa~er storage and distribution best organiza~i0R'~'d Ownership structure, recommended program, cos= estimate and economic analysis of recommended program. . Ctty~s Department Heads and .Staff, ~. - ~...f<~.~ .: .; .- . - coordination'with Adjacent Agencies, coordination with the City of San Diego, coordination with County W~teT Authority Staff, coordination ~ith State ~c~lonal Board Staff, coordination with involved, coordination with major land owners and developers. retired agreements and ordinances, · ~.~ project implementation schedule. '!~,!~>Consultant"wi11~prov~de a technical review and analysis of ~'!'~,~[~thelexisting. METRO System Agreement to support the City s ~Vlegal=expert.indetermining the City s oblige=ions under the ~ETROAgreement,-~consultant will also continue to analyze the work products produced by the City of San Diego~s ~.~.Program'Manager~zthroughout the course of the study as described in Tas~'A,3 above .... ~:'j"~j!Ereclaimed.waterlSuppl~ i~sues as~0ciated with the study ~i~ii/~concerning~theundeveloped.portions of the City, %..~..Pr~marily Frank'-Dudekwi11.lrepresent.the City at meetings, .'~C:workshops, presentations,,'negotiations and conferences, as Lli~!directed by the.City~s Project Manager, .'{~r:Th hove scopesdoes not include Basin Plan Amendment ea studies found, to be required by the San Diego regional Water Quality Control Board (Regional Board), The scope also does not include detailed environmental impact analysis required to meet the provisions of the California Environmental Quality Act (CEQA),, The scope does include an identification and short discussion of the key environmental issues that will need to be further addressed in separate environmental and regulatory documentation once a recommended facilities plan is developed in this study, The fea~bili~ ~tu~y wili' ~id. the information necessary for the City's officials to knowledgeably consider sewerage -'~,-'.system options for the future and how they relate to the (~-~i~.:report, which would be required should the City decide to i";~'!implement its own design and construction program for the ,.':'/C"recommended program.. The study will show estimated facility :/~c~stn,-economic analysis of alternatives, and financial feasibility of project implementation; more detailed ?.'..~;financial studies will be required should the City decide to -~"implement its cwn cons ruction end bonding program. A~.li!Work Schedule, Progres Reports, Reproduction . draft 100% study will be completed in six months after the ,tics to Proceed (NTP), Luke-Dudek will arrange g within the first two weeks of the NTP and ']¢U'V ~:mon hly progress meetings .thereafter. The project manager ~'~=~?.a~ Luke-Dudek will submit written progress reports bi- ~%~ii~E~.we~kly, '.and ~e city'will be invoiced monthly with detailed ~'~'~progress'reports.~.i'-The final study documents will be ..i=.~ submitted to hemCity within two' weeks after receipt of the f~.~City's and other reviewing agencies' comments on the draft t ~ .~G~el00% s udy. C~3~ The, Consultant will provide 50 copies of the ]~"~.]~.draft 100% study 'and 50 copies of the final study for the Water Service Alternatives g consulting services to City regarding future water. service alternatives. The areas '~ of ~ interest ~include =~the <. City ' s existing corporate =boundary/ands"eastern ~areas"~,that may be annexed to the' ,'/~',City~,~For~this ,work~Luke-Dudek staff will coordinate ... , '~ directly with water:,consultant;'~ Dexter. Wilson, and City -,~ . contrac= attorneys Kent. Foster and John Schell of Glen Write Jacobs &'Schell,~,as wella~ with City staff. . In sUmmaryT"it'ts umderstj0d.that the Ctty's goal for the . .. consulting work will.be to research and advise the City on ~,,: ¢.. future service options available for Chula Vista. D 2 Work Schedule % / ~ ]~~~,~ ~ .... ~ - ' ~ '~"' The re~ired'consul~ing'se~'[ce~' ~ilX be provided on needed basis as requested. by the City's Public Works "~ Director with no specific completion date and not-to-exceed a total budget provided for heroinafter. S~CTION a Auth0riz~ion U~on~executton~of this agreement by both parties hereto consultant will be authorized and directed by letter ~o proceed with, the preparation and completion of tasks as provided in Section I of the Agreement. Consultnn~ shall proceed with the work immediately upon authorization and prosecute the work 'dilige.~=ly to completion. ",;co~pletion of this contract. onsultant agrees to punctually and'.~. ~,~,. ar ]diligently perform a11,p ts of his work according ,to the " -~" schedule provided by this Agreement. Time' ~xte~'~ions 'forelays ~ beyond the consultants control, other than ~delays caused by the City, shall be requested in writing to the City Engineer.prior to the expiration of the specified time. Extensions of time,]. when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions~Iof work'unless it can be shown that such delays did or Will delay the progress .of the work. The Consultantsshall ~erfom the ~ngineering and related ~ervices as set forth ~n Section~,lA for a~not-to-exceed fee of $135,000 andsthe. eerv~cesse~.~forth ~n,Section 1B fur a not-to-exceed fee of'$15~000 calculated in acco=dance with the .fee schedul8 attached (Luke-Dudek..~C~v~l Engineers, Inc., 1989 Standard Schedule ~of Charges).:~,The above fee shall-include ~ expenses required to'Complete'--the tasks'set forth in Section i which ~nclude but is .not 'limite~ ~o: ~ repToduction ~nd printing; telephone charges~ and au~omobile mileage. accompanyin~ work progress reports describin~ the work completed. Total compensation for the proJec~ shall not exceed the above .' fees. Invoices will show hours and charges for each fee schedule classification pursuan~ to the~fee schedule attached. Payment' is'due upon/preSe~on;~of'inv01ce and is past due ~hirty (~0)'days from~invoice date.'f~'...City agrees to pay a service other cost incurred in collecting a delinquent account will be paid by City.. ~u. C~ty further agrees to furnish to the Consultant, in a timely manner~ such maps~ records, and other documents and proceedings, o= certified copies thereof, as are av~ilabie from City offices and may be reasonably required by ~he Consultant in the perromance of these services. ~'~ sentiy has and shall acquire no interest wha~Soeve=~in the subject matter of this Agreement, direct or ['~ndl~e~e~7~hich'woUld constitute a conflict of interest or give ~the appearance of such conflict. No person havin~ any such conflict of.interest shall be employed or retained by the Consultant under.this Agreement. The Consultant shall also be required to execute the attached statement of disclosure of ~certain ownership interests. The Consultant may not conduct [~business for third parties which may be in conflict with the ~Consultant,s~responsibilities under this A~reement. The IConsultant may not solicit any business during the term of this Agreement ~hich conflict with his or her responsibilities under ' 'If;thrO h,.sny" auS'si the'Con ult nt< hall fa l tofulfill in a timely,snd proper. manner hie obligations under this Agreement, or. if the Consultant'shall violate any of the covenants, egreements, or stipuletions,of_ths"Agreement, City shall have the right to terminate thi~ Agreement by,giving written notice to Consultant of such termination end specifying the effective date thereof, at least five (5)- days before the effective dare of such termination..~In that event, all finished or unfinished documents, data,' studies, survey, drawings, maps, reports, and other.materials prepared by the Consultant shall, at the option of the City, become the property of City and Consultant shall be entitled to receive Just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not-to-exceed the amounts payable under Section 4, hereinshore. Termination for Conve~ience of City C~tymaF terminatelthi~l'Agreement at any time and for any reason by giving written notice ~o the Consul~an~ of such termination and specifying the effective da~e thereof, a~ leas~ thirty (30) days before the effective date of such termination. In that event~ all finished and unfinished documen~ and other ~aterials described ~n Section 7~ hereinshore, ~hall, a~ the option of the Cit~ecome Ci~y~s sole and executive proper~. If the Agreement is terminated by Ci~y as provided in this paragraph, Consultant-shall be entitled to receive Just and equitable compensation for any ~atisfactory work completed on such documents and o~her materials ~o the effective date of such ~termina~lOn. Consul~an~ hereby expressly waives any and all claims for damages or compensation arising under this Agreement excep~ as se~ forth In Sections 7 and 8, hereinshore, in the evenCol such termination. ssign any 'in~:the Agreement, and transfer'anyinterestin 'the same (whether by :;assign'ment'~or notation),.~='without prior written consent of City; i~provided, however; that claims for money due or to become due to I the Consultant fr6m this Agreement may be assigned to a bank, ~2trust~company,!!!or other. financial .institution without such .'~epproVal.~!~ Notice~tof~ such assignment of transfer shall be ~furnishedpromptly;to City. ~,LI. Any assignments, requiring approval !~mey not~be .fUrther!~assigned.Without city approval. rA11'reports,?;Astudtes,.~.information,;data~ statistics, forms, tdesigns,Tplans,;'procedures~ systems, 'and any other materials or properties producedz:underlthis ~Agreement shall be the sole and ]exclusive property of.the City.~No such materials or properties produced-in whol~(o~.~.ln'~part~under this Agreement shall be ~subject. to private;.use~'~/copyrights,'r.or~patent right by the ?Consultant~'~n the United States= or~in any country without toe 2~express-.written~consent~of.~th~~ City.'~= City shall hav~ ~T unrestricted authorityj to pu~lis~', disclose. (~s may 'be limited by .~the~provisions== ofr.~tWe '~Public~Records ,Act) , distribute and iotheNise,~ use copyright'or.patent in' whole or in part, any such ~reports, studies, data~.jstatistics',.. forms or other materials or jproperties produced under this Agreement. 7~?~:ji~.z.<~ ' ~.hall perform as an independent contractor with sole control of 'the manner and means of performing the services required under ~the'Agreement. City maintains the right only to reject or accept '~Coneultant's final work product as is completed. Consultant.and .any. of consultant's employees, or re,~resentatives are, for all ...,purpoS~under this Agreement, an independent contractor, and ~ shall. no~' be deemed to be an employee of City, and none of them .shelf be entitled to coy benefits to which City employees are ,,entitlea;~including,"butnot limited to, 'overtime, retirement (~benefits 'worker's compensation benefits, injury leave, or other f} leave' ~ ~ :'~ . v. ~servicee by the Consultant to be performed under this Agreement. ~Such changes, including any increase or decrease in the amount of ~.Consultant~s compensation, which are mutually agreed upon by City ~and Consultant shall be effective as amendments to this agreement '='COnsul~a~'=agreeS' ~& indem~i'fy and Save city and its agent~ and employees h~rmless from any and all liability, claims, damages or .inJuPies to any person, including injury to Consultant'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 claimed to be caused by the.negligent acts of Consultant, his agents or ~employees, and al~ expenses of investigation and defending ~against same; provided,-however that. this indemnification and hold harmless shall no~~ ~nclude any claim arising from the sole ~negl~gence or~illful mi=~conduct of the city, its agents or Se~ice 'performed y' the Consultant under this Agreement will be conducted In a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently . practicing under similar conditions and in similar locations. Consultant will the reporting the findings actually observed and will not render a professional opinion concerning site conditions other than those actually observed. ]?'and.consultantsemployed by it are protected by worker's .~"compensation insurance and that Consultant has such coverage o e public liability and pr p rty damage insurance policies the Consultant deems adequate. In addition, the Consultant 3rovide the following certificates of insurance to the City beginning work: ;4 ~'~ ~ .~ldenca of Sta uto~ Worker s Compensati n overage. - ~' Evidence in"the' form of a Certi~icate of Insurance ~ ~'Policy .Endorsement,"of General LiabilitF coverage to ~>~t~..'million' combined single limits which names the City of Chula All .insuranceFcarriers'sha11 comply.with='the item 1t ted below:- authorized ~o ~ransac~ ~he ~usiness of insurance in ~he ,: :~'..by.,/convincing;~' evidence ~ ~a~ i~s financial . .. responsibility_is equal ~o or be~er ~han ~he ~.,: performance of the rices',to' be provided under this Agreement, pa~ent shall..be'.a later.,detemined by arbitration, if the City and-the'Consultant agree thereto, ores fixed in a court of law, Should that dispute result ,in,' litigation,- it is agree~ that prevailing party' shall be' entitled ~o recover all reasonable' costs incurred in the defense o= the claim, including court costs a~d attor~ey~s fees. .... "~.' .'s'~'~.~>z~h; .. IN WITNESS WHEREOF;~Z:.City"and'L~ke;Dudek, Civil Engineers, Incorporated have executed this Agreement on this day f:..h r by.'approve the fom and 1 gafkty of the 'foregoing Agreem n' ee e et this ..... ,. ~ay of , ,CITY ATTO~E~ : . .~ CH~GES FOR PERSONNEL ENGAGED IN PROFESSIONAL AND/OR TECHNICAL WORK ARE '. i;~.;' MADE FOR ~E A~UAL HOURS DIRE~Y CHARG~B~ TO THE PROJECT. ~ERMS: N~ 30 .~., M~AGING ENGINEER $105.00/hr SUPER~S;NG ENGINEER $95.00/hr :' ~,. ~ SENIOR ENGINEER - $~,00/hr "' :~: ~ ASSOCIATE ENGINEER $70.00/hr ', ' "~' ~ ~.O0/hr '~: S55.00/hr CADD SUPER~SOR ' ,- · ~ $65.00/hr ~, . CADD OPERATOR $55.00/hr . .:-:s DESIGNER/DRA~ERIII: $55.00/hr DESIGNER/DRAWER I $50,00/hr : DESIGNER/DRAHER I' $45.00/hr ENGINEER TECHNICIAN II $45.00/hr ENGINEER TECHNICIAN I ~ ~0.00/hr C~RI~L/ADMINISTR~ON~ORD PROCESSING II ? ~6.~/hr . ~ CLERICAL/ADMINISTRATION~ORD PROCESSING 1%' ~0.O0/hr %L: ADMINIST~TIVE ASSISTA~ ~ ~. ' - ~ $25.00/hr > ,. CONSTRUC~ON MANAGEMENT SERVICES "" ,.- ~, CONSTRUCTION MANAGER - $80.00/hr ~' ' ~ CONSTRUCTION INSPE~OR III S~.00/hr CONSTRUCTION INSPECTOR II $55.00/hr CONSTRUeION INSPECTOR I $45.00/hr /, ~ ~ THR -MAN F ELD PAR~ ~,.'~',, $155.00/hr ~'~ ~:;,F ~O-MAN F E~ PAR~:i.':,'L '~ $110.00/hr ~r~ "?~.' CHIEF OF PAR~ ' .... .~"~ $~.00/hr =~ COURT APP~RANCES AND DEPOSITIONS BY EXPERT WITNESS ENGINEERS AT 1.5 TIMES ' ABOVE RATES WiTH FOUR HOUR MINIMUm. ' SUBCONTRACTORS. RENTAL OF SPECIAL EQUIPMENT. SPECIAL REPRODUCTIONS AND ~.. BLUEPRINTING OUTSIDE DATA PROCESSING AND COMPUTER SERVICES, ETC. WILL BE ~ND WILL BE CHARGED AT 1.15 ~IMES THE DIRECT COST. ' ' ..... ~, ..,,.: ~;:.~.-. MILEAGE IS REIMBURSED AT $0.~4 PER MILE. PER DIEM WHERE OVERNIGHT STAY I~OLVED $4O.00/DAY. LODGING 18 REIMBURSED AT DIRECT COST. CHANGE OF BILLING POLICY AND/OR PROGEDURE1 ANY REVISIONS WILL BE PROVIDED TO YOU IN ADVANCE OF THEIR INSTIT~ION, REVISIONS NOT AFFECT ANY EXISTING FIXED-FEE OR NOT.TO-EXCEED CONTRACT PROJECT TEMPORARILY SUSPENDED BY CLIENT.