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HomeMy WebLinkAboutReso 1989-15306 RESOLUTION NO. 15306 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBERT BEIN WILLIAM FROST AND ASSOCIATES FOR DESIGN ENGINEERING SERVICES REQUIRED FOR DRAINAGE CHANNEL IMPROVEMENTS WITHIN THE CHANNEL BETWEEN GUATAY AVENUE AND NAPLES STREET, EAST OF HILLTOP (NAPLES CHANNEL) 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 ROBERT BEIN WILLIAM FROST AND ASSOCIATES for design engineering services required for drainage channel improvements within the channel between Guatay Avenue and Naples Street, east of Hilltop (Naples Channel) dated the 19 day of September , 1989, a copy of which is attached hereto 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 ,I/ / Resolution 15306 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 BeVerly A/Authelet, City Clerk 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. 15306 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. Beverly/A. Authelet, City Clerk AGREEIaNT FOR DESIGN ENGINEERING SERVICES BETWEEN CITY OF CHULA VISTA AND ROBERT BEIN, WILLIAM FROST AND XSSOClATES, INCORPORATED THIS AGREEHENT is made and entered into this 19th day of September , 1989, by and between the CITY OF CHUIA VISTA, CALIFORNIA, a public corporation, hereinafter referred to as "City", and ROBERT BEIN, WILLIAM FROST AND ASSOCIATES INCORPORATED, a California Corporation hereinafter referred to as 'Consultant,m whose address is 71 North Fourth Avenue, Chula Vista, California, 92010-1099, covers certain professional engineering services in connection with City of Chula Vista drainage improvements north of Naples Street from Hilltop Drive to approximately 800 feet east. A. WHEREAS, the existing open drainage channel north of Naples Street from Hilltop Drive to Monserate Avenue is unimproved and is frequently overgrown with vegetation which decreases the capacity of the channel and creates health and fire hazards. B. WHEREAS, the City desires to proceed in a timely manner with the construction of this project and lacks sufficient resources to design the project in a timely manner. C. WHEREAS, the City requires engineering design services. D. WHEREAS, the Consultant represents that it is qualified, it has personnel and facilities available necessary to accomplish the work within the required time, and Consultant desires to undertake the same. WITNESSETH THAT, in consideration of the recitals and mutual obligations of the duties as herein expressed, City and Consultant agree as follows: _S_cope of Work The general scop~ of the project is to design approximately 770 feet of improved concrete trapezoidal channel to replace the existing u- improved drai-,age channel between the properties north oi Naples Street and east of Hilltop Drive to adequately convey storm rUT. Off from the area. Design of the improvements shall conform to City of Chula Vista standards as set forth in the Subdivision Design Manual and shall include the following tasks: O A. Consultant shall be responsible to provide topographic surveying services which shall include the following: 1. Provide horizontal and vertical control survey from existing monuments and benchmarks of record. 2. Provide field surveying services to obtain field topographio data, including cross sections of the existing channel at 50 foot intervals. 3. Provide topographic mapping services at a scale of 1" - 20' and oontour interval of I foot. The approximate area to be included in the topographic mapping is a 70-foot strip paralleling the oourse of the existing natural channel and extending 800 feet east of Hilltop Drive. 4. Provide field surveying services to locate and document existing well monuments, benchmarks, and property monuments affected by construction of the proposed improvements. 5. Submit two copies of all =urvey notes to the City. O , B. Capacity requirements for the natural channel located east of Hilltop Drive and north of Naples Street shall be reviewed and consultant shall design drainage facilities to improve the existing channel. Design flows shall be provided by the City. C. Consultant Dha11 evaluate the existing drainage easements as they relate to the proposed design and shall notify City if additional right of way is required. Acquisition of right of way is not anticipated for this project end is not included in this scope of work. D. Consultant shall conduct Geetechnical Investigations consisting of ~urface reconnaissance, subsurface exploration, obtaining representative samples, laboratory testing, analysis of the field and ].abetstory data, review of =vailable geologic l~'-orature, and preparation of a written report. Specifically, the intent of this report is to: 1. Explore the subsurface conditions to the depths influenced by the proposed construction. O 2. Evaluate, by laboratory tests the pertinent · engineering properties of the fill and/or natural material including its bearing capacities, expansive characteristics and settlement potential. 3. Define the general geology at the site including possible geologic hazards which could have an effect on the site development. 4. Recommend an appropriate foundation system for the type of structure anticipated and develcp soil engineering 'design criteria for the recommended foundation system. 5. Prepare a report which will 'include plot plan, exploration logs, summary of laboratory test results and conclusions and recommendations. E. Consultant shall provide surveying services for construction staking of the improvements. In general, staking shall be located at 25-foot interval~ marking the top and bottom of both sides of the channel. Staking shall include one complete set of construction field staking for rough grading, one complete set for improvements, and ~LtEI~.Z restsking Or grade check, This item does not includedresetting of any existing property corner monuments. F. Consultant shall be available during the construction phase to resolve any design conflict that occur during construction. It is anticipated that post- design consultation will require appr~,ximately 40 total man-hours of project meetings, site visits and project coordination during construction. G. In addition to the above tasks, the Consultant shall be rsspon~ibls for the following: 1. Location Of all utilities of record shall be shown on final design plans. No pot-holing of existing utilities will be performed by the consultant. ~. Preparation of final construeSt. on cost estimate, ~id document and construction contract. 3. Consultamt ~h~[ obtain any permits or permission necessary to r!nt~r private property an required to perform the design work. H. The consultant shall provide engineering design services to prepare final channel improvement plan/ profile at a horizontal scale of 1" - 20' and a vertical scale of 1" - 2~. cj&3~h/ A,;/horiz~tion. ProGress and CommleVa~/1 Upon execution of this agreement by both parties hereto 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 above tasks, excepting therefrom tasks E, and F above, shall be completed within eighteen (18) weeks of authorization including review by governmental agencies. It is estimated that governmental review fdr this project will take a total of six (6) weeks. Should the gover~mental review time extend over this amount, the specified consultant design time period shall be extended. Li~uidated DamaGes It is acknowledged by both parties that time is of the essence in completion of this contract, It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their best Judgement to arrive at s reasonable amount to compensate for delay. Failure to complete the tasks specified in Section I within the allotted time period specified in Sectio~ 2 shall result iD the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the work, the consultant shall pay to the City, or have withheld from monies due, the sum of $100,00. Time extensions for delays beyond the consultants control, other than delays caused by the City, shall be regueeted 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 of %;o~'k unless it can be shown ~ha~ quch delays did or will delay the progress of the work. SECTION 4 Ccm~gnsation The Consultant shall perform the engineering and related services as set forth in Section I for a not to exceed fee of $33,500 calculated in accordance with the fee schedule attached. The above fee shall include ~11 expenses required to complete the tasks set forth in Section 1 which may include but is not limited to: reproduction and printing; telephone charges; and automobile mileage. Consultant will periodically submit invoices to City pursuant to the attached fee schedule and invoice schedule below. Periodic payments shall not exceed the percentage of the not to exceed fee as listed below. Upon completion of construction of the project, the consultant may invoice for additional expenses incurred during each phase. Total compensation for the project sha11.no~ exceed the above fee. % of Description Work of fa~U~.L~/ Tasks 25 Surveying completed and submittal of notes and plots to City; completion of drainage studies. 50 Submission and review of preliminary design plans to City for first plan check; completion of soils studies. 75 Submission and review of final dcsign plans and bid documents; acceptance of design plans by City. 90 Comp!otion of construction surveying. 100 Retainer to be paid upon completion of project construction. 100% TOTAL It the ~'ent ~ ~onstruction contract is no~ awarded, City shall cocpen~at~ Consultant for all work completed up to but not includfng constructloP ~-~rveying and engineering support s{,rvices (tasks ~ arKi lnvoices will show hours and charges for each fee schedule classification pursuant to the fee schedule attached. e payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. City agrees to pay a service charge on any past-due balance of 1.5 percent per month to cove= additional handling and carrying costs. Any attorney"s fees or other cost incurred in collecting a delinquent account will be paid by City. SECTION 5 ~rvices bv gitv City further agrees to furnish to the Consultant, in a timely manner, ouch 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. SECl/a~_/ Co~lict of Int~[es~ The consultant presently has end shall acquire no interest whatsoever in, Fifth Avenue from L Street to Naples Street, the subject matter of this Agreement, direct or indirect, which would constitute s conflict of interest o= give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by the Consultant under this Agreemerit. 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 Agreement. The Consultant may not solicit any business during the term of this Agreement which conflict with his or her re¶possibilities under this Agreement. Term~f_~_~[Qn of Agreement for CaU.~o If, through any cause, the Consultant shall fail to fulfill in a timely and prefer manner his obligations under this Agreement, or if the CDnsultant shall violate any of the covenants, agreements, nr stipulations of the agreement, City shall have the right to terminate thi~ Agreement by giving written notice to Consultant of such termination and specifying the effective d~te thereof, at least five (5) days before the effective date 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 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. Termination fo~ Convenience of City City may terminate this Agreement at any time and for any reason by giving written notice to the Consultant of sue1% 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 as provided in this paragraph, Consultant shall be entitled to receive Just and equitable compensation for any satisfactory work completed on ~uch documents and other materials to the effective date of such termination. consultant hereby expressly 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. Consultant shall not assign any interest in the Agre~nt, and shall not transfer any interest in the same (who=her by assignment or renovation), without prior written consent of City; provided, however, that claims for money due or to become due to the Consultant from City under this Agreement may be assigned to a Da-'q, (~rust company, or other financial institution without ~uch approval. Tlotlce of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approval may D:t be further assigned without City approval, .QJ~_norshio, Puhll~Droduction and Use Q~_Xi~t~/JU~l All reports, studies, information, data, statistics, forms, designs, plans, procedures,systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, 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 copyright or patent in whole or in part, any such reports, studies, data,statistics, forms or other materials or properties produced under this Agreement. Lrl~nendent Contratctor 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, end none of them ~hall 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. SECTION 12 City may from time to time require changes in the scope of the services by the Consultant to be porform~ under this A~reement. Such changes, including any ~.ncraase or decrease in the amount of Connultant'e compensation, which are mutually agreed upon by City and Consultant shall be effective as amendments to this a=~.'.ssmenC on)y 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 negligent 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 sole negligence or willful misconduct of the City, its agents or empldyees. StaD/IELr_Q~_Of Care Service performed by the Consultant under this Agreement will be conducted in a manner consistent with that level of care and skill ordinary exercised by members of the profession currently practicing under similar conditions and in similar locations. Consultant will be reporting the findings actually observed and will not render a professional opinion concerning mite conditions other than those actually observed. consultant represents and warrants that it and its agents, staff and consul%ants employed by it is and are protected by worker ' e compensation insurance and that Consultant has such coverage under public liability and property damage insurance policies which the Consultant deems adequate. In addition, the Consultant will provide the following certificates of insurance to the City prio~ to beginning work: Evidence of ~tatutory Workerrs Compen~ation coverage plus $1 million Employers liabil~tV covuragu. Evidence in the form of a Certificate of Insurance and Policy Endorsement, or General and Automobile Liability coverage to $1 million combined single limits which names the City of Chula Vista as additional insured. .... 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. In the event that a dispute should arise relating to' the performance of the services to be provided under this Agreement, payment shall be as later determined by arbitration, if the City and the Consultant agree thereto, or as fixed in a court of law. Should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including court costs and attorney's fees. WITNESS WHEREOF,' City a~d,'Ro~ert Beln, WIlliam Frost and ' Ass~latss, lnco~rat~ have axedted ~is ~reemen~ on ~is ~ day oZ 2ept~r , 1989, CITY OF CHULA VISTA -, I hereby t~a;' 'f~~ o~ the foregoing .. '~ ( L\CONTRACTS\RBF. DOC) cl~.obeR ~BeDL, ~Villiam ~'FFOst ~ c~ssociates PROFESSIONAL ENGINEERS. PLANNERS & SURVEYORS IIOURLY RATE SCIIEDULE SAN DIEGO REGIONAL OFFICE Effective August I, 1989 through August 1, 1990 OFFICE PERSONNEL Pr~nclpat/SenlorVicePrc~ident $ 80.00 Vice President 78.00 Sttuctur~ EnginecA' 75.00 PmJ~ct M,~nager/Enilnecr 72.00 Regls~ved Eng{ncer 65.00 D~sign Engineer 58.00 Mapping Calculator 58.00 Deslgncr.,T')anner 50.00 Senior Dr~mon 40.00 DraRsman/~3mphlc Artist 37.00 Environmental Analyfi 4,'1.00 Enginccrtng~l~ninlz Aide 30,00 FIELD PERSONNEL 3 Man Survey Crew 2 Man Sun, ey Craw $150.00 Field Supcrvlior 120.00 65,00 Resident Emzincer 60.00 Inspector 4J,00 COMPUTER & OTIIER SERVICE FFES Computer Aided Design and Drafting $ 60.00 Computer Time 25.00 Clcdcal 32,00 Con~ul~:t!.~n P:ladvc to Legal Actions 22.~,00 CITY OF CHULA VISTA DISCLOSURE STATEMENT Contractor's Statement of Disclosure of Certain Ownership Interest on all contracts which will req!lire discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclo~ed~ 1. List the names of all persons having a financial interestin the contract i.e., contractor, subcontractor, material supplier. ,Z/_B, Q1~ert Bein. WIlliam Fro~t & Assoc. 2] United States Testing Comoany, Xnc. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individual~ owning more than 10% of the shares in the corporation or owning any partnership interest An the partnership. Ptqm,~t,y ¢[hA~nhnlrb~ tn ~) ,1~ n, L4ght N/A 4. Have you ha.:~ m~re than $250 worth of busSnuns transacted with any member. ~? the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yea X No ~f please indicate City Of ~A V~St, Redevelopment Authority. person(s) City of ~,]u'li"?lstat . h . Disclosure Statement (Con't.) Person is defined ss~ "Any individual, firm, co-partnership, Joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary.) /Dater RObert Beth. Wi1118m Frost I Associates Prin~ or Type Name of Contractor (L\CONTRACTS\BOIDER)