HomeMy WebLinkAboutReso 1989-15305 RESOLUTION NO. 15305
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND LEEDSHILL HERKENHOFF, INC. FOR CONSULTING
ENGINEERING SERVICES TO PREPARE THE PROJECT STUDY REPORT
FOR INTERSTATE 805/EAST "H" STREET INTERCHANGE AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Traffic Engineering Division, on June 23, 1989,
sent out Requests for Proposal (RFP) for project design study and
preparation of plans, specifications and estimate for the final
design of Interstate 805/East "H" Street interchange and received
six proposals from qualified engineering consulting firms, and
WHEREAS, for review and selection of proposals, Traffic
Division created a screening committee consisting of two City
Engineering staff, a City consultant and three CalTrans
representatives, and
WHEREAS, the screening committee using qualification,
eYperience, staffing, and cost as measurements, interviewed and
ked the consulting firms as follows:
1. Leedshill Herkenhoff, Inc. $ 35,117
2. JHK Associates 98,528
3. Robert Bein, William Frost & Associates 134,900
4. BSI Consultants, Inc. 104,250
5. Willdan & Associates 36,000
6. Kercneval Engineers 30,000
WHEREAS, as a result of this interview, the screening
committee has determined Leedshill Herkenhoff, Inc. as best
qualified to do the project study report and staff recommends
that Leedshill Herkenhoff, Inc. be hired to perform the
Interstate 805/East "H" Street interchange project design study.
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 LEEDSHILL
HERKENHOFF, INC. for consulting engineering services to prepare
the project study report for Interstate 805/East "H" Street
interchange, dated the 19 day of September , 1989, a copy
of which is attached hereto and incorporated herein, the same as
trough fully set forth herein be, and the same is hereby approved.-~'
BE IT FURTHER RESOLVED that the Mayor of the City of
c'-~la Vista De, and he is hereby authorized and directed to
cute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
~rks ~I ~omas J...~a~ron, City Attorney
6254a
-2-
Resolution 15305
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of September, 1989 by the following vote:
AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Cox
ABSTAIN: Councilmembers: None
~,_~ -- ( -
Tim Nader, Mayor Pro Tempore
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. 15305 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 19th day of
September, 1989.
Executed this 19th day of September,1989.
A k
Beverly~ .')uthelet, City Clef
AGREEMENT FOR CONSULTING ENGINEERING SERVICES
BETWEEN CITY OF CHUIA VISTA AND
AND LKEDSHILL HERKE~OFF INC. FOR THE
1-805/EAST tH~ STREET INTERCHANGE PROJECT DESIGN STUDY
THIS AGREEMENT Is made and'entered into this 19th day of
~eptember . , 1989e by and between the CITY OF CiiULA VISTA,
CALIFORNIA, a publio corporation~ hereinafter referred to as
-cityw, and LEEDSHILL HERKENHOFF, INC., hereinafter referred
to as "Consultant,m whose address Is 10225 Barnes Canyon Road,
Suite A210, San Dlego,'California, 92121, covers certain
professional engineering services-in connection with City of
Chula Vista Project Study RepOrts for the East "H" Street/I-
805 Interchange.
A. WHEREAS, the Cl~y of Chula Vista is in need 'of
professional engineering services to prepare the
805/East "Hm Street interchange project study reportsX
and
B. WHEREAS, the City of Chula Vista has issued an invitation
to engineering firms throughout the State of California
to submit their propOsal$ for such a studyx and
C. WHEREAS, the City evaluated the qualifications and
proposals of six firms and interviewed all of these firms
for possible selection~ and
D. WHEREAS, Leedshill Herkenhoff, Inc. was selected as the
most qualified firm for the proposed project due to the
firm*s successful completion of similar projects and due
to availability, staffing, and cost.
WITHESSETH THAT, ~n consideration of the recitals and mutual
obligations of the duties as her, in exit,sued, City and
Consultant agree as fo110wsz
sco~ of Work
SCOPE OF WORK ATTACHEDAS EXHIBI~ "Am
fj~.ION 2
A~thoriza~lon. iroaress and C~mDletion
Upon execution of this agreement by both parties her.to
Consultant will be authorized and directed to proceed with the
preparation and completion of tasks as provided in Section 1
of the Agreement. Consultant shall proceed with the work
immediately upon authorization and prosecute the work
diligently to completion.
The tasks specified in Section I shall be completed within the
time frame shown in ATTACHMENT "B".
Governmental review times shown in Attachment "B" ere
estimates. Should the governmental review time exceed what is
shown in Attachment "B", the consultant design period shall be
extended.
Deadlines established for specific tasks assigned shall
reflect such schedule (ATTACHMENT "B"). The schedule may be
revised for the accomplishment of pressing or emergency
matters.
The CONSULTANT services under this agreement shall be
continuing until completion Of the project or the termination
of this agreement, whichever first occurs.
Liquidated Damaces
It is acknowledged by both parties that time is of the essence
in completion oZ this contract. It is difficult to estimate
the amount of damages resulting from delay in
The parties have used their best Judgement to arrive at
reasonable amount to compensate for delay.
Failure to complete the work specified in Section I within the
allotted time period specified in Section 2 shall result in
the following penaltyl For each consecutive calendar day in
excess of the time specif~nd for the completion of the work,
the consultant shall pay to the City, or have withheld from
medias due, the sum Of $100.00.
Time extenzions for delays beyond the consultants control,
oth~r than delays caused by the City, shall be requested in
writing Ic the City Engineer prior to the expiration of the
specified tlme. Extensions of time, when granted, will be
based upon the elfact of delays to the work and will not be
granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the
work.
9
f~Q/nper~ation
The Consultant shall perform the engineering and related
services as set forth in Section 1 for a riot to exceed fee of
$ 35,117. Fees for work performed shall include E~ expenses
required to complete the tasks set forth in Section I which
may include but is not limited to: reproduction and ~rinting;
telephone charges; and automobile mileage.
Consultant will periodically submit invoices to CITY at the
completion of each task. CITY agrees to pay the CONSULTANT a
flat fee shown in the following table for each task.
TASK AMO~3~T
A $ 2,552
B 2,358
C 1,020
D 1,173
E 3,442
F-1 6,915
F-2 4,949
F-3 3,024
F-4 844
F-5 380
G 8.460
GRAND TOTAL $ 35,117
* See ATTACHMENT "A" for description !D~ ~tach task.
P,ym~nt J.~ due upon presentation of invoice and is past due
%hlrty (3~) days from invoice date. City agrees to pay a
service charge on .:ny past-due balance of 1.5 percent per
month to ~/or addit~cn~l handling and carrying costs. Any
attorney's fees or other cost incurred in collecting a
delinquent account will be paid by City.
ServiCes bv
City further agrees to furnish to the Consultant, in a timely
manner, such maps, records and other documents and
proceedings, or certified copies thereof, as are available
from City offices and may be reasonably required by the
Consultant in the performance of these services.
~2ION 6
The Consultant presently has and shall acquire no interest
whatsoever in, 1-805/Eaet "H" Street Study Area, the subject
matter of this Agreement, direct or indirect, which would
constitute a conflict of interest or give the appearance of
such conflict. No person having 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 Con~ultant's
re.ponsibilities under this Agreement. The Consultant may not
solicit any business during the term of this Agreement which
conflict with his or her responsibilities under this
Agreement.
SEga3LQ~_/
Termination of Aorsement for_SA]/E~
If, through any cause, the Consultant shall fail to fulfill in
a timely and proper manner his obligations under this
Agreement, or if the Consultant shall violate any of the
covenants, agreements, or stipulations of the agreement, City
shall have the right to terminate this Agrs3m~nt by giving
written notice to Consultant of such termination and
specifying the effective date thereof, at least five (5) days
before the effective date of such termination. In that event,
all finished or unfinished doc~ma~, data, studies, survey,
drawings, maps, reports, and other materials prepared by the
Consultant shell, at the option of 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, heroinabove.
Talmination for 9_Q/3yenience of City
City may terminate this Agreement at any time and for any
reason by giving writtell notice to the Consultant of such
termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such
termination. In that event, all finished and unfinished
documents and other materials described in Section 7,
heroinabove, shall, at the option of the City, become City's
sole and exclusive property. If the Agreement is terminated
by City ae provided in this paragraph, Consultant shall be
entitled to receive Just and equitable compensation for any
satisfactory work completed on such documents and other
materials to the effective date of such termination.
Consultant hereby e×pressly waives any and all claims for
damages or compensation arising under this Agreement except as
set forth in Section 4, heroinabove, in the event of such
termination.
T33~ination of A~.~ont bLOt/to
As agreed ].n Section I Item 3 of the Cooperative Agreement
(Attachment "C"), the City may termiD~te this agreement~ if
requested by State, to discontinue the service~ of any
consultant considered to be unqualified on the basis of
credentials, professional expertise, failure to perform in
accordance with scope of work and/or other pertinent criteria.
A~iqn~lbilitX
ccn[u]t'.nt shall not assign any interest in the Agreement, and
shall net transfer any interest in the same (whether by
assignment or renovation), without prior written consent of
City; pro, 13od, howev~r> that claims for money duo or to
become due to the Consultant from City under this Agreement
may be assigned to a bank, trust company, or other financial
institution without such approval. Notice of such assignment
or transfer shall bo furni~hed promptly to City. Any
assignment requiring approval may not be further assigned
without City approval.
O~nership,.j~.~l~Lica~p~, Rep_Lc_a~tton and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures,systems. and any other materials or
properties produced under this Agreement shall be the eels and
exclusive property of the City. No such materials or
properties produced in whole or in part under this Agreement
shall be subject to copyrights, or patent right by the
Consultant in the United States or in any country without the
express written consent to the City. City shall have
unrestricted authority to publish, disclose (as may be limited
by the provisions of the Public Records Act). distribute and
otherwise, use any such reports, studies, data, statistics,
forms or other materials or properties produced under this
Agreement.
Inde]Z~ndent Contracto~
City is interested only in the results obtained, and
Consultant shall 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 consultant's final work product
as is completed. Consultant and any of Consultant's
employees, or representatives are, for all purposes under this
Agreement, an independent contractor, and shall not be deemed
to be an employee of City, and none of them shall be entitled
to any benefits to which City employees are entitled,
including, but not limited to, overtime, retirement benefits,
worker's compensation benefits, injury leave, or other leave
benefits.
City may from time to time require changes in the scope of the
services by the Consultant to h..~ performed under this
Agrn.~ment. Such changes, including an.,., increase or decrease
in tbf .~meunt of Consultant's compensation, which are mutually
agreed upon by City and Consultant slyall be effective as
amendments to this ~gvuement only when in writing.
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 performance of or failure to
perform the work or other obligations of this agreement, or
are caused or claimed to be caused by the n~agligent acts of
Consultant, his agents or employees, and all expenses of
investigation and defending against same; provided, however
that this indemnification and hold harmless shall not include
any claim arising from the negligence or willful misconduct of
the City, its agents or employees. Should City use this
information for any purpose beyond the scope of this
agreement, City shall hold consultant harmless for liability
arising from this use.
Standard of ~re
Service performed by the Consultant under this Agreement will
be conducted in s manner consistent with that level of care
and skill ordinary exercised by members of the profession
currently practicing under similar condi~ions and in similar
locations.
Consultant will be reporting the findings actually observed
and will not render a professional opinion concernling site
conditions other than those actually observed.
a~]iCT!ON 1~
~Lranc~
Consultant represents and warrants that it and its agents,
staff and consultants employed by it is and are protected by
worker's compensation insurance and that Consultant has such
coverage under public liability and l~r~perty damage insurance
policies ~/bich the Consultant dooms ~dequato. In addition,
the Cc-,~u)tant will provide the following certificates of
insurance to the City rdLlor to beginning work:
Evide..Le of Statutory Worker's Compensation coverage plus
$1 million Employers liability coverage.
Evidence in the form of a Certificate of Insurance
Policy Endorsement, or General and Automobile Liability
coverage to $1 million combined single limits which names
the City of Chula Vista as additional ~nsured.
Evidence in the form of a Certificate of Insurance of
Errors and Omissions insurance to $500,000, unless Errors
and Omissions coverage is included in General Liability.
All insurance carriers shall comply with the items listed
below:
a. Listing by the State Insurance Commission as a
company authorized to transact the business of
insurance in the State of California.
b. A Best's Rating of "A", Class V, Or better.
c. Where a company is not included in Best's, it must
show by convincing evidence that its financial
responsibility is equal to or better than the rating
set forth in 'b' above.
d. Policies shall provide thirty (30) day written
notice to the City Cl~rk of the CITY of
cancellation or material change.
CONSULTANT shall assign a project manager(s) to the project
for the duration of the project. No substitution for this
position shall be allowed without written approval from the
City's Director of Public Works, The project manager for
LEEDSHiLL HERKENHOFF, INC. ahall be Mr. Charles R. Brae.
SECTION18
Dl~ute~
In the event that a dispute should aries relating to the
pe'¢formance of the servicss t~ ~e provided under this
Agr~...ment, payment shall be a,~ later determined by
arbitration, if the City and the CoFsultant agree thereto, or
as fixed in a cour~ of law. Should that dispute result in
litigat!Qn, i~ is {igresd that the prevailing par~y shall be
entitled to recover all reasonable costs incurred in the
defense of the claim, including court costs and attorney's
fees.
IN WITNESS WHEREOF, City and Leedshill Harkanhoff have
executed this Agreement on this' 19 day of .September ,,
1989.
CITY OF CHULAVISTA LEEDSHILL HERKENHOFF
I heraby approve the ffo~ of the foregoing
Agreement ~l~ ~5' day o , 19 9.
'
(L\CONTRACTS\LEEDSHIL. DOC) "
(ATTACHMENT "A" )
PROJECT STUDY FOR IMPROVEMENTS
OF INTERSTATE 805/EAST H STREET INTERCHANGE
IN THE CITY OF CHUrA VISTA
lC_qPE ~P wop_~
Leedshill Herkenhoff, Inc. (consultant) will develop and
evaluate several design alternatives for modifications to the
1-805/East H Street interchange. The progect study will
'include the preparation of a conceptual plan detailing the
analysis and evaluation of each alternative. All work shall
conform to the scope of work specified in the Cooperative
Agreement between the City of Chula Vista and CALTRANS (see
attachment "C"). Preparation of the conceptual plan shall
include the following tasks:
A. Obtain all traffic volume counts for the subject
interchange, including the northbound and southbound
on and off ramps, for the year 2010 (SANDAd Serien
VII) and ultimatn development. Consultant shall
assume poet Stage I conditions as outlined in
CALTRANS Project study Report.
B. Determine projected turning movement counts and
prepare diagramm. Turning movements shall be based
on the projected traffic volume counts for the year
2010 (SANDAG Series VII) and ultimate development.
The projected turning movement counts and volumeu
will be submitted to City and CALTa~ANS staff for
review and concurrence.
C. Calculations of the Level of Service (LOS) for the
year 2010 (SANDAG Series VII) and ultimate
development. A LOS of the existing interchange
shall be calculated for each projected traffic
volume. A LOS for each projected traffic volume
shall also be calculated for each design
alternative. Consultant sna~) use the Intersection
Ca],acity Utilization method and the 1985 Highway
Capacity Manual dulay method (operational analysis).
Attachment "A" -2-
D. Review amd analyze previously completed traffic
studies including th~ Project. Study Report prepared
by CALTF~NS.
E. Meet with City staff and CALTRAMS to discuss various
design alternatives and the current status of the
project as it relates to the City's long term goals
and objectives. Consultant shall coordinate with
CALTRAMS per the Cooperative Agreement between City
and CALTRANSo
F. Develop and analyze several alternate designs for the
modification of the subject interchange. Analysis of
the design alternatives may include the following:
1. An analysis of the potential environmental
impacts of each alternative which shall include
a preliminary evaluation of the potential
environmental impacts as related to Federal
(NEPA) and State (CEQA) environmental
r~quiremsnts. The analysis will include an
initial identification of potential significant
environmental impacts that could occur as a
result of each of the alternative designs. This
task will result
a. A letter report documenting the initial
enviro~zmental analysis and,
b, Based on the findings of this task and
coordination with CALTRANS and affected
agencies, an identification of the probable
type of environmental document that will be
needed to comply with the requirements of
}~EPA and CEQA."
2. A minimum of two (2) alternate designs, as well
as the proposed project in the Project Study
Report, shall be studied. Alternate designs may
include| rsconfiguration of the westbound E~st
H Stree~ to southbound 1-805 on-ramp to a loop
on-ramp in the northwest quadrant; and reduction
of lane widths on Eas~ ~ Street, Particular
emphasis should be gl~en to the alternatives
identified in the paragraph titled "Other
Solutions to be Considered" in the Project Study
Report.
Attachment "A" -3-
3. All design alternatives shall conform to
CALTRANS design standards. Analysis of
alternate designs that do not conform to
CALTRANS design standards shall be supported by
case studies of similar non-conforming designs
that are in existence and have been approved by
CALTRANS. Scope of this task will be to
identify similar non-conforming design projects,
review existing data and case studies and
determine if old .standards could still be
applicable to this project.
4. Additional right-of-way requirements, if
necessary, shall be shown for each design
alternative.
5. Consultant shall prepare a detailed cost
estimate and cost analysis for each design
alternative.
G. All design alternatives, data, calculations analyses,
recommendations and conclusions shall be presented in
a fully illustrated and logically arranged project
study report. The report shall be signed by and
prepsrod under the supervision of a Registered Civil
Engineer and conform to the CALTRANS manual for
project study reports. The report shall include a
Geetechnical Reconnaissance and Limited Geetechnical
Evaluation.
Upon completion of the conceptual report, City Staff and
CALTRANS shall review the design alternatives and
recommendations and select an alternative. If the selected
alternative requires modifications to the subject interchange
other than r~striping only, the Consultant may be responsible
for preparation of the final improvement plans. All work
completed must be in conformonce wit,~ the Cooperative
Agreement between the City and CALTRANS (sou attachment "C").
Preparation of final improvement plans shall conform to
CALTRANS standards and practices.
(L\LAURA\TRAFFC2.DOC)
ATTACHMENT B
CITY 0F CHULA VISTA
Schedule 1-805/"H" Street Study
Oct. 2 - Authorization to Proceed issued by City.
Commence Task A-Traffic Volume Projection.
Commence Task 8oTurning Movements.
Oct. 11 Complete Task A, Commence Task D-Review of Reports.
Oct. 16 - Deliver turning movement projections, Task B. to City and
CalTrans for review and comment.
Nov. 3 - City and CalTrans complete review of turning movement
projections. Deliver comments to Consultant.
Nov. 10 - Complete Tasks B and D. Deliver final projected turning
movement projections to City and CalTrans.
Nov. 15 - Commence Task C - LOS,
Dec. 1 Deliver preliminary LOS Calculation to City and CalTrans for
review and comment.
Dec. 22 Comments on LOS Calculations from City and CalTrans returned to
Consultant.
Dec. 26 Cormonce calculations of final LOS based on comments from City
and CalTrans.
Jan. 12, 1990 Complete calculation of LOS -.Task C.
Jan. 15 Commence Task F-2-Alternative Designs.
Commence Task F-3-Case Studies.
Commence Task F-4-R/W Needs
Feb. 16 Deliver, preliminary alternative designs - Task F-2 - to City and
CalTrans for review and comment.
Complete Task F-3-Case Studies. Provide information to City and
CalTrans.
Complete R/W Needs.
F~b. 19 Commence Task F-S-Cost Estimates.
Mar. 2 City And CalTrans complete review of preliminary alternatives,
Comments returned ta C~jasultant.
Mar. 5 - Commence Task F-l-Environmental Impacts.
Mar. 19 - Complete Task F-5-Cost Estimates.
Har. 23 Conlplete Task F-2-Alternative designs based on comments from
City and CalTrans.
Mar. 26 Commence preparation of Task G-Report.
Apr. 20 Deliver report to City and CalTrans.
WPC 4563E
C~TY OF CHULA VISTA,
DISCLOSURE STATE~.IENT
Contractor's Statement of Disclosure of Certain Ownership Interests on all contracts
which will r~qutre discretionary action on the part of the City Council, Planning
Co~n~ss~on, and all other official bodies.
The follo~'f n~ i nformatlon must be dfsclosed:
I. List the names of all persons having a financial interest in the contract
contractor, subcontractor, material supplier.
If any person identified pursuant to (1) above'is a corporation or partnershtp,.llst
the naz~es of all individuals owning more than 10% of the shares in the corporation
or owning any partnership interest in the partnership..
m , ,
,'$' 3. 3if any person identified pursuant to (.1) above is a non-profit organization or a
trust. list the names of any person serving as director of the non-profit
organizatt.n.or as trustee or beneficiary or trustor of the trust, "
4'. Have you had mdre than ::$250 ~orth .'o? business transacted ~fth any member of the City
'.~taff. Boards. Commissions, Committees arid Cou,netl ~lthtn the past twelve months?
Yes " No if yes, please indicate person(s) . ·
Person is defined as~ "tAny individual, f~m. copartnorshtp, ~Jotnt venture. association,
T~Eia'~ club, fraternal organization, corporation. estate. trust, receiver, syndicate.
this,, and any other county, ctty and county. 'city. mun~c~pality. district or other
be1 tttcal subdivision, or any other group or comb!nation acts, rig as a unit."
· (~iO.~,.~: Att;.ch -",d~Ittonal pages as necossaW.)
'7~ ,n.,naturo.of contractor/date "' '
WPC 1281~' t~rinC or type name of contractor
CITY OF CHULA VISTA
DISCLOSURE STATDIEt~T
Contractor's Statement of Disclosure of Certain Ov/ne~'ship Interests on all contracts
~hich will require discretionary action on the part of the City Council, Planning
Commission, and all other official bodies.
TIle ?oilowing infoFm~tion must be disclosed:
1. List the names of all persons having a financial interest in the contract i.e.,
contractor, subcontractor, mate ri al suppl i or.
2. If any person identified pursuant to (1) above'is a corporation or partnership,.list
the names of all individuals owning more than 10% of the shares in the corporation
or owning any partnership interest in the p~rtnership..
3. If any person (dentitled pursuant to ('l) above is a non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organization,or as trustee or beneficiary or trustor of the trust. "
4:' Have you had more than 3250 worth .'of business transacted with any member of the City
'staff, Boards, Commissions, Committees and Council within the past twelve months?
Yes " No If yes, please indicate persOn(s)
Person ts defined as: '~Any individual, firm, copartnershtp, Joint venture, association,
~' club, fraternal organization, corporation, estate. trust, receiver, syndicate,
this.. and any other county, city and county, 'city, municipality, district or other
~olitical subdivision, or any other group or comb!nation ,~.-.ting as a unit."
(NdT~E: Attach aeai.;nnal pages as necessary.)
~T~h~ture o~ contractor/date
WPC 12~)lE l>rint or type' name or contractor
n _ _
.: ATTACHMENT C ?
11-SD-805
7.0
11223-164150
Agreement No. 11-0392
COOPERATIVE AGREEMENT
This AGREEM]INT entered into on April 11,1989 is between
the STATE OF CALIFOrnIA, acting by and throug~'i~i. sDepartment of
Transportation, referred to herein as STATE, and
CITY OF CHULA VISTA, a body politic
and a municipal corporation of the
State of California, referred to
herein as CITY
1. STATE and CITY, pursuant to Streets and Highways Code
Section 130, are authorized to enter into e Cooperative
Agreement for improvements to State highways within the CITY.
2. CITY desires State highway improvements consisting of
modifying the existing overcrossing interchange on Interstate
Route 805 at H Street referred to herein as "PROJECT", and is
willing to fund one hundred (100) percent of all capital
outlay end staffing costs, except that cost~ of STATE's
oversight of environmental, design end right-of-way activities
may be borne by STATE.
3. This Agreement supersedes any prior Memorandum of
Understanding (MOU) relating to PROJECT.
4. Construction of said PROJECT will be in two stages; Stage 1
will be an Encroachment Permit project, and Stage 2 will be
the =!tbJ~ct of a separate future agreeh. ent.
5- The parti~ hereto desire to define herein the terms and
condihions under which said PROJECT will be developed and
~ designed.
1. TO fund one hundred (100) percent of all prelimina~f and
design engineering costs for the PROJECT, includi]]g, but not
limited to, costs for preparation of contract documents and
advertising and awarding the PROJECT construction contract.
2. To have a Project Report (PR), Environmental Document (ED),
and detailed Plans, Specifications a.nd Estimate (PS&E)
prepared at no cost to STATE and to submit each to STATE for
review and approval at appropriate stages of development.
Final plans shall be signed by a civil engineer registered in
the State of California.
3. To permit STATE to participate in the selection of consultants
if consultants will prepare the PR, conduct environmental
studies and obtain the environmental clearance, prepare the
Plans, Specifications and Estimate (PS&E), and perform right-
of-way activities. CITY also agrees, if requested by STATE,
to discontinue the services of any consultant considered to
be unqualified on the basis of credentials, p:ofessional
expertise, failure to perfoxl~ in accordance with scope cf work
and/or other pertinent criteria.
4. Within thirty (30) days of written notification from STATE,
CITY shall deposit with STATE cash in the amount of $150,000,
which figure represents the estimated cost of STATE's
oversight of environmental, design and right-of-way
activities. Such funds shall be subJecU to release or
retention pursuant to Article (2) of Section III.
5. CITY staff and/or consultants who prepared the PS&E will be
available to STATE at no cost to STATE through completion of
construction of PROJECT to d. iscuss problems which may arise
during construction and/or to make design revisions for
contract change orders.
6. Not to use Federal aid funds for this project.
7. To ma~a written application to STATE for necessary
encroa..jh~cnt permits authorizing entry onto STATE'e right of
way to perform surveying and other invostigative activities
required for preparation of PR, ED and/or PS&E.
8. To identify and locat~ all high- and low-risk underground
facilities within the project area, and protect or otherwise
provide for such utilities, ell in accordance with STATE's
- 3
"Manual on High and Low Risk Underground Facilities Within
Highway Rights of Way".
9. If any existing public and/or private utilities conflict with
the construction o~ project, CITY will make all necessary
arrangements with the owners of such utilities for their
protection, relocation, or removal. CiTY will inspect
the protection, relocation, or removal, and if there are costs
of such protection, relocation, or removal which STATE and/or
CITY must legally pay, CITY will bear the cost of said
protection, relocation, or removal, plus cost of engineering
overhead and inspection. If any protection, relocation, or
removal of utilities is required, such work will be performed
in accordance with STATE policy and procedure for those
utilities within STATE'S existing or proposed right of way and
in accordance with CITY policy for those utilities outside
STATE's existing or proposed right of way.
10. To furnish evidence to STATE, in a form acceptable to STATE,
that arrangements have been made for the protection,
relocation, Dr removal of all conflicting utilities within
the STATE's right of way and that such work will be completed
prior to the award of the contract to construct PROJECT or as
covered in the Special Provisions .for said contract. This
evidence shall include a reference to all required State
Highway Encroachment permits.
11. To relocate utility facilities within STATE's right of way to
STATE specifications per STATE's Encroachmenu Manual and the
Manual on High and Low Risk Underground Facilities Within
Highway Rights of Way.
12. To comply with the terms and conditions of the Highway
Encroachment Permits, existing California Law including
Statutory and Case Law, and all existing property rights when
determining !iabili~y for utility relocation costs.
13. To perform all right-of-way activities, at no cost to STATE,
in accordance with procedures acceptable to STATE, and in
compliance with all applicable State and Federal laws and
regulations, subject to STATE oversight, to assure that the
completed work is acceptable for incorl~ration into the State
Highway right of way.
14. To utilize the services of a qualified local public agency in
all R/W ac~uisitioh-~<~.[ated matters in accordance with STATE
procedures a~ contaih~d In .~/W Procedural Handbook, Volume 9.
If right-of-way consultants are employed, administration of
the consultant contract shall be performed by ~aalified public
agency employees. Prior to right-of-way acquisition as set
forth heroin, the CITY shall provide STATE with a preliminary
copy of title insurance for e~ch parcel of real property
- 4 -
required for right-of-way purposes, and STATE shall identify
the degree of title to be conveyed bY the C~TY to the STATE.
15. To certify legal and physical control of rights of way ready
for construction, and that all rights of way were Acquired in
accordance with applicable State and Federal laws and
regulations subject to review and concurrence by STATE prior
to the advertisement for bids for construction of PROJECT.
16. To deliver to STATE legal title to the right of way, including
access rights, free and clear of all. liens and encumbrances
detrimental to STATE's present and future uses prior to the
date of acceptance by the STATE of maintenance and operation
of the highway facility. Furthermore, CITY agrees to provide,
at no cost to STATE, a final policy of title insurance.
1. To provide, pursuant to Article 2 of Section III, oversight
of PROJECT and to provide prompt reviews and approvals, ae
appropriate, of submittals by CITY, and to cooperate in timely
processing of the PROJECT.
2. To provide, pursuant to Article 2 of Sectlos III, oversight
of all right-of-way activities undertaken by CITY, or its
designee, pursuant to this Agreement.
3. To issue, at ne cost to CITY, upon written application by
CITY, an encroachment permit authorizing entry by CITY's staff
and consultant(s) onto STATE~S right of way to perform survey
and other investigative activities required for preparation
of the PR, ~D, and/or PS&E.
IT Is MUTUALLY AGREED:
~. All cbJ~gations of STATE under the terms of this Agreement
are su~j.~,:t to the appropriation of resources by the
Legisl~tuL'u and the allocation of resources by the California
Transportation Comm. ls~on.
2. If a construction contract for PROJECT is awarded within five
(5) years from the execution date of this Agroement, STATE
shall return CITY's deposit, pursuant to Article 4 of Section
I, without deduction, within thirty (30) days of written
notice to STATE that CITY has awarded the contract. In the
~5~
event a construction contract for PROJECT is not awarded
within said five (5) years, STATE will deduct all oversight
costs to date, free of interest, and return any unused deposit
to CITY within thirty (30) days after said five-year period
has expired. If costs of STATE oversight exceed said deposit,
STATE will bill CITY for any additional amount due STATE
within thirty (30) days after said five-year period has
expired and CITY will pay said amount within thirty (30) days
after receipt of such billing.
3. STATE may grant a time extension beyond said five-year period
if a finding by STATE is made that reasonable progress is
being made and that a construction contract is likely to
result within a reasonable period of time. STATE shall not
return deducted funds, whether or not PROJECT is ultimately
constructed.
4. If STATE charges CITY for oversight pursuant to Article 2
above of this Section III, the costs to be charged CITY for
STATE's oversight will include all direct and indirect costs
(functional and administrative overhead assessment)
attributable to such work applied in accordance with STATE'S
~tandard accounting procedures.
~. It is understood that a separate Cooperative Agreement will
be required to cover responsibilities and reimbursement for
the PROJECT construction phase of Stage 2.
6. It is understood and agreed that neither STATE nor any officer
or employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to government Code
Section 895.4, CITY shall fully defend, indemnify and save
ha~less the State of California, all officers and employees
from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined
in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by CITY under Or in
connection with any work, authority or.Jurisdiction delegated
to CITY under this Agreement.
/. It i~ u~ld~.~to~d and agreed that neither CITY nor any officer
or employee thereof is responsible for any damage or liability
occurring by reason of hny~ning done or omitted to be done by
i~' STATE under or in connection with any work, authority or
Jurisdiction delegated to STATE under this Agreement. It is
understood and agreed that, pursuant to Government Code
section 895.4, STATE shall fully defend, indemnify and save
harmless the CITY, all officers and employees from all claims,
suits or actions of every name, kind and description brought
~7 for Or on account of injury (as defined in Government Code
: Section 810.8) occurring by reason of anything done or omitted
! i to be done by STATE under or in connection with any work,
authority or Jurisdiction delegated to the STATE under this
Agreement.
8. The parties hereto will carry out the PROJECT in accordance
"]i with =he Scope of Work, attached and made a part of this
] Agreement, which outlines the specific responsibiliti~e of the
parties hereto. The attached Scope of Work may in the future
be modified to reflect changes in the responsibilities of the
respective parties. Such modifications ehall be concurred
" with by CITY's Director of Public Works or other official
designated by CITY and STATE'e District Director for
District 11 and become a part of this Agreement as a
supplement to this Agreement after execution by the respective
officials of the parties.
9. Prior to award of a construction contract, CITY may terminate
PROTECT and this Agreement in writing, provided CITY pays
STATE for all PROJECT oversight costs incurred by STATE prior
to terminatio~, STATe will deduct all oversight costs to
date, free of interest, and return any unused deposit to CITY
within thirty (30) days of written notice of =eL~nina=ion of
Agreement. If costs of STATE oversight exceed said deposit,
STATE will bill CITY for any additional amount due STATE
within thirty (30) days after said termination notice and CITY
will pay said amount within thirty (30) days after receipt of
such billing.
10. Except as otherwise provided in .Article 9 above, this
Agreement shall terminate upon completion and acceptance of
the constnzction contract for PROJECT or on June 30, 1994,
whichever is earlier in time.
STATE OF CALIFORNIA CITY OF CHULAVISTA
Department of Transportation
ROBERT K. BEST t
Director of Transportation By Mayor'
/~letrict Dtreotor
Approved f~ end procedure
A o~ r=m
f~TrensportaEion
Certified as to funds and procedure
District Accounting Officer
11-SD-805
7.0
11223-164150
Agreement No. 11-0392
This Scope of Work outlines the specific areas of responsibility
for various project development activities for the proposed
modification of the existing overcrossing interchange on Interstate
Route 805 at H Street in Chula Vista.
1. CITY will be the Lead Agency and STATE will be a Responsible
Agency for CEQA. CITY will prepare the Environmental Document
(ED) to meet the requirements of CEQA. CITY will provide all
data for and prepare drafts of the Project Report (PR) and the
Project Approval Report (PAR). CITY will be responsible for
the public hearing process.
2. CITY and STATE concur that the proposal is a Category 5 as
defined in STATE's Project Development Procedures Manual.
'
3. CITY will submit drafts of environmental technical reports,
and of individual sections of the draft environmental
documents to STATE, as they are developed, for reviow and
comment. Traffic counts and projections to be u~ed in the
various reports shall be supplied by STATE if available, or
by the CITY.
4. STATE will review, monitor, and approve all project
development reports, studies, end plans, and provide all
necessary implementation activities through advertising of
the project.
5. Existing freeway agreement need not be revised.
6. All phases of the project, from 'inception through
construction, whether done by CITY or STATE, will be developed
in accordance with all policies, procedures, practices, end
standards that STATE would normally follow.
7. Detailed steps in the project development process are appended
to this Scope of Work. This appendix is intended e~ a guide
to ~T~TE and CITY staff.
~~[ PIJu~NING PHASE ACTIVITIES
RESPONSIBILITY
EP~~IVITY STATE
1. ENVIRONMENTALANALYSIS & DOCUMENT PREPARATION
Establish Project Development Team (PDT) X X
Approve PDT X
Project Category Determination X
Prepare Preliminary Environmental Assessment X
Identify Preliminary Alternatives and Costs X
Prepare & Submit Environmental Studies & Reports X
Review & Approve Environmental Studies & Reports X
Prepare & Submit Draft Environmental
Dooument.(DED) X
Review DED in District X
2. PROJECT GEOMETRICS DEVELOPMENT.
Prepare Existing Traffic Analysis X
Prepare Future Traffic Volumes for Alternatives X
Prepare Project Geometrics and Profiles X
Prepare Layouts & Estimates for Alternatives X
: Prepare Operational Analysis for Alternatives X
Review & Approve'Project Geometrics
& Operational Analysis X
~- 3. PROJECT APPROVAL
~< Certify ED In accordance to City's Procedures X
Prepare Draft Project Report (DPR) X
Finelife & Submit Project Report with
Certified ED for Approval X
Approve Project Report X
APPENDIX B_L-' DESIGN PHASE ACTIVITIES
RESPONSIBILITY
P3~OJECT ACTIVITY STATE CITY
1. PRELIMINARY COORDINATION
Request I - Phase EA X
Field Review of Site X X
Provide Geometrics X
Approve Geomotrics X
Obtain Surveys & Aerial Mapping X
Obtain Copies of Assessor's Maps
& Other R/W Maps X
Obtain Copies of As-Builts X
Send Approved Geometrics to Local Agencies
for Review X
Revise Approved Geometrics if required X
Approve Final Geometrics X
Determine Need for Permits from
Other Agencies X X
Request Permits X
Initial Hydraulics Discussion with
District staff X
Initial Electrical Design Discussion
with .District staff X
Initial Traffic & Signing Discussion
with District staff X
Initial Landscape Design Discussion
with District staff X
Plan Sheet Format Discussion X X
2. ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials Report
& Typical Section X
Review a Approve Materials Report
& Typical Seerion X
Prepare & Submit Landscaping Recommendation X
Review & Approve Landscaping Recommendation X
Prepare & Submit Hydraulic Design Studies X
Review & Approve Hydraulic Design Studies X
Prepare & Submit Bridge General Plan
Rev · v
& Struct~ze Type X
APPENDIX B (Continued)
RESPONSIBILITY
E/LOJECP ACTIVITY STATE CITY
3. R/W ACQUISITXON AND UTILITIES
Request Utility Verification X
Request Preliminary Utility Relocation Plans
from Utilities X
Prepare R/W Requirements X
Prepare R/W & Utility Relocation Cost Estimates X
Submit R/W Requirements & Utility Rslocation
Plans for Review X
Review & Comment on R/W Req~lirsments X
Longitudinal Encroachment Review X X
Longitudinal Encroachment Application to
District X
Approve I~ngitudinal Encroachment Application X
Request Pinal Utility Relocation Plans X
Check Utility Relocation Plans X
submit Utility Relocation Plans for Approval X
Approval Utility Relocation Plans X
Submit Pinal R/W Requirements for Review
& Approval X
Fence & Excess Land Review X
R/W Layout Review X
Approve R/W Requirements X
Obtain Title Reports X
Complete Appraisals X
Review & Approve Appraisals for Setting
Just Compensation X
Prepare Acquisition Documents X
Acquire R/W X
- Open Escrows & Make Payments X
- Obtain Resolution of Necessity X
- Perform Eminent Domain Proceedings X
Provide Displacue Relocation Services X
Prepare Relooution payment Valuations X
Provide Displaces Relocation Payments X
Perform Property Management Activities X
Perform R/W Clearance Activities X
Prepare & Submit Certification of R/W X
Review & Approve Certification of R/W X
Transfer R/W to State X
- Approv~ ~ ~scord Title Transfer Documents X
Prepare ~/W [.3cord Maps X
Review and Comment on R/W :~ocord Maps X
APPENDIX B (Continued)
RESPONSIBILITY
~EQ.J~CT ACT~y/~y STATE CITY
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare & Submit Preliminary Stage
Construction'Plans X
Review Preliminary Stage Construction Plans X
Calculate & Plot Geometrice X
Cross-Sections & Earthwork Quantities
Calculation X
Prepare & Submit BEES Estimate X
PUt Estimate in MEES X
Local Review Of Preliminary Drainage Plans
& Sanitary Sewer & Adjustment Details X
Prepare & Submit Preliminary Drainage Plane X
Review Preliminary Drainage Plans X
Prepare Traffic striping & Roadside
Delineation Plans & Submit for Review X
Review Traffic Striping & Roadside
Delineation Plans X
Prepare & Submit Landscaping and/or
Erosion Control Plans X
Review Landscaping and/or Erosion
control Plans X
Prepare & Submit Preliminary Electrical Plans X
Review Preliminary Electrical Plans X
Prepare & Submit Preliminary Signing Plans X
Review Preliminar Signing Plans
Quantity Calcula.~.cns , X
~ X
Safety Review X X
Prepare Specifications X
Prepare & Submit Checked Structure Plans X
Review & Ap~rova Checked Structure Plans X
Prepare Flnal Contract Plane X
Prepare Lane Closure Requirements X
Review & Approve Lane Closure Requirements X
Prepare & Submit Striping Plan X
Review & Approve Striping Plan X
Prepare Final Estimate X
Prepare & Submit Draft PS&E X
Revlew b£a~ PS&E X
FinallEe ~ Submit PS&E To District X