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HomeMy WebLinkAboutReso 1988-13811 RESOLUTION NO. 13811 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND B.S.I. CONSULTANTS, INC. FOR PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES FOR FY 88-89 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 B.S.I. CONSULTANTS, INC. for public works construction inspection services for FY 88-89 dated the llth .day of October , 1988, 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 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 P~blic Works of City Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CH , VISTA, CALIFORNIA, this 11th day of October 19 88 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Nader NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers Moore, Malcolm t~" ~it~ of Chula Vista ATTEST~;~"2~"'~t( Cle~' ~' _ STI OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 1381t ,and that the same has not been amended or repealed DATED City Clerk CC-660 AGREEMENT FOR PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES FOR FY 88-89 BETWEEN CITY OF CHULA VISTA AND BSI CONSULTANTS, INCORPORATED THIS AGREEMENT is made and entered into this llth day of October , 1988, by and between the CITY OF CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred to as "City", and BSI CONSULTANTS, INCORPORATED, a California Corporation, whose address is 16880 West Bernardo Drive, San Diego, California 92127, hereinafter referred to as "Consultant", covers certain Public Works Construction Inspection services in the City of Chula Vista. RECITAL A. WHEREAS, the City provides inspection services for Public Works related projects constructed with public or private funds throughout the City. B. WHEREAS, in order to provide quality inspection services for these projects City anticipates the need for assistance by consultant inspection personnel during the period from July 1, 1988 to June 30, 1989. C. WHEREAS, the Consultant represents that it has qualified personnel to perform the wide variety of construction inspection duties 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: SECTION 1 1. Scope of Service Consultant agrees to provide: a. Public works field inspection personnel as required to perform inspection of grading work and curb, gutter, sidewalk, driveways, storm drain, sewers, street light, asphalt concrete and Portland Concrete Pavement installation. - 2 - b. Qualified personnel that are experienced in the inspection of public works facilities and familiar with Regional Standard drawings and Standard Specifications "Green Book". Consultant agrees to assign Mr. Donald W. Gray to perform the services outlined in the scope of work. Consultant further agrees to provide a qualified substitute or replacement subject to approval of City Engineer in the event Mr. Gray is unable or requested to discontinue the services. In the event consultant is unable to provide an acceptable substitute to perform the inspection services, City shall have the right to terminate the contract. c. Appropriate transportation vehicle and paging units for personnel assigned to perform the contract work. d. Qualified personnel that are able to provide inspection services in response to City's request. Hours to be determined by the Director of Public Works or City Engineer. The services are more specifically described on Exhibit "A" here in attached and made a part of this agreement. SECTION 2 Authorization, Proqress and Completion Upon receipt of written Notice to Proceed from the City, Consultant shall perform Services in the Scope of Work in accordance with the scope of work as shown in Exhibit "A", attached hereto and incorporated herein by this reference. The work required as set forth in Exhibit A shall commence at the request of the City Contract Manager and shall be completed not later than June 30, 1989. Consultant shall not be responsible for delay, nor for damages or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove consultants work promptly, or delay or faulty performance by City, other contractors, or governmental agencies, or any other delays beyond Consultant's control: nor for Contractor's failure to maintain safe job site conditions. /.: 3:," -3- SECTION 3 Compensation The Consultant shall perform the services as set forth in Section 1 and Exhibit "A" in accordance with the fee schedule attached as Exhibit "B" herein and made a part of this agreement. It is presently estimated that consultant will provide about 800 person hours of construction inspection services. The Total estimated fees are $34,400, and total compensation shall not exceed that amount. Consultant will periodically submit invoices to City. Invoices will show hour charges pursuant to the fee schedule attached. 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 cover additional handling and carrying costs. Any attorney's fees or other cost incurred in collecting a delinquent account will be paid by City. The City reserves the right to vary the number of person hours contracted for during the duration of this agreement whether the number of hours varies substantially less or more than the estimated 800 person hours. Compensation shall be as set forth in Section 1 and Exhibit "B". The City Engineer shall determine the level of service the Consultant is to provide to maintain a level consistent with the City's desire for quality inspection services. SECTION 4 Responsibilities of City City hereby agrees to supply CONSULTANT all information, data, reports, records, and drawings possessed by City, and necessary for carrying out the work outlined in Exhibit A hereof, without charge by City and City shall cooperate in every way reasonable in carrying out its responsibilities without delay. City further agrees that where and when an inspection decision requires the exercise of judgement and discretion, City will do so without unresonable delay. SECTION 5 Conflict of Interest The Consultant presently has and shall acquire no interest whatsoever in projects within the City, direct or indirect, which would constitute a conflict of interest or give the appearance of -4- such conflict. No person having any such conflict of interest shall be employed or retained by the Consultant under this Agreement. SECTION 6 Termination of Aqreement for Cause 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 Agreement 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 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 up to the effective date of notice of termination, not to exceed the amounts payable under Section 3, hereinabove. SECTION 7 Termination for Convenience of City City may terminate this Agreement at any time and for any reason by giving written 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 6, hereinabove, 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 to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising out of such termination under this Agreement except as set forth in Section 3, hereinabove, in the event of such termination. -5- SECTION 8 Assiqnability Consultant shall not assign any interest in the Agreement, and shall not transfer any interest in the same (whether by assignment or notation), 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 bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approval may not be further assigned without City approval. SECTION 9 Ownership, Publication, Reproduction 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 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. Section 10 Independent Contractor Consultant, including any employees or representatives thereof, is, 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. SECTION 11 Chanqes City may from time to time require changes in the scope of the services by the Consultant to be performed under this Agreement. -6- Such changes, including any increase or decrease in the amount of Consultant's compensation, and number of hours which are mutually agreed upon by City and Consultant shall be effective as amendments to this agreement only when in writing. SECTION 12 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 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 or willful misconduct 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 employees. Provided further, that in the event a court of competant jurisdiction ultimately determines that both consultant and City were to some extent the proximate cause of the damages to a third party, then Consultant and City shall share the responsibility therefor in the same proportion as their degree of fault. Finally, in the event such a claim results in litigation which is resolved in favor of City and Consultant prior to a court determination of proximate cause, the parties agree to determine in good faith their relative degree of fault and share in the costs of defense and investigation in proportion thereto. If agreement cannot be reached on this issue, it shall be resolved by arbitration. Section 13 Standard 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 site conditions other than those actually observed. -7- SECTION 14 Insurance Consultant represents and warrants that it and its agents, staff and other firms employed by it is and are protected by worker's 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: Evidence of Statutory Worker's Compensation coverage plus $1 million Employers liability coverage. 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 $1,000,000, unless Errors and Omissions coverage is included in General Liability. All insurance carriers shall comply with the items listed below: 1. Listing by the State Insurance Commission as a company authorized to transact the business of insurance in the State of California. 2. A Best's Rating of "A", Class V, or better. 3. 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 No. 20 SECTION 16 Disputes 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. -8- IN WITNESS WHEREOF, City and BSI Consultants, Incorporated have executed this Agreement on this llth day of 0ctober , 1988. VICE PRESIDENT approve the fo ~ and legality of the foregoing Agreement h .I I day of ~'~ ~ ~ , 1988 RS:rb (L\CONTRACTS\BSI.DOC) EXHIBIT "A" SCOPE OF WORK CONSTRUCTION INSPECTION SERVICES SCOPE Listed below is a general description of the numerous duties that will comprise the daily contract administration/inspection routine for this contract. The tasks generally undertaken include, but are not necessarily limited to the following: * Familiarization and review of contract documents. * Participation in Preconstruction Meetings. * Review of Compliance Certificates, Shop Drawings, etc. , Daily Inspection and Preparation of Daily Inspection Reports. * Review and recommendations in the processing of payment requests. * Assistance and recommendations in the processing of Change Orders, if required. * Preparation of periodic Project Status Reports. * Coordination with Contractor, City staff, etc. * Coordination with Materials Laboratory staff for material and compaction testing. , Other Construction Phase Services, as may develop, to determine that the work is proceeding in general compliance with the intent of the plans and specifications. The following represents a more detailed process of the normal sequence of events involved in daily administration/inspection activities that will be utilized on this project: * Review Plans and Specifications * Attend meetings and conferences as required. * Review submittals as required and discuss with Contract Senior Inspector/City Contract Manager. * Meet with Contractor at the beginning of each day and review proposed work plan, including specific details that may affect the progress. , Record information related to Contractors work crews and performance, equipment at site, etc. , Coordinate schedules and testing as required, including sampling, if necessary and review of test results. * Make notes and approve quantities and develop pay estimates as required and submit to Engineer for approval. , Review actual Contractor performance throughout day, as required, and discusses discrepancies as they occur. * Develop "Punch List" items. * Review items requiring corrective action with Contractor and submit final acceptance report, when corrections have been made. * Serve as general liaison between Contractor and City. , Report to City Contract Manager at completion of each day's work. * Prepare and submit daily and weekly summary inspection reports. , Coordinate on-going construction surveys and staking as required. EXHIBIT "B" FEE SCHEDULE Schedule of Fees Task Description Estimated Fees A. Construction Administration and Inspection * Construction Inspector - $ 34,400.00 Assume 800 hours @ $43/hour * Mileage N/C Project Supervision N/C Sub-total - Contract Administration and Inspection B. Materials Testinq Services Provided by City C. Surveying Services Provided by City TOTAL ESTIMATED FEES $ 34,400.00 CIIY OF CHULA VISTA ..... , February 21, 1989 CI[Y 0~ '.'[ile .# ,K.Y-013 CITY Ci ' ::' ;/"': BSI Consultants, Inc. 16880 West Bernardo Drive San Diego, CA 92127 Attention: Mr. Gary Baker PUBLIC WORKS CONSTRUCTION INSPECTION SERVICE CONTRACT This is to confirm your February 16, 1989 conversation with Mr. Roberto Saucedo of my staff regarding the extension of the agreement between the City of Chula Vista and BSI Consultants, Inc. for public works construction inspection services for FY 1988-89. This agreement was approved by Council Resolution No. 13811 on October 11, 1988. As Mr. Saucedo indicated, the agreement is based on an estimated City inspection service need of 800 person hours during the FY 1988-89 period. This need was uncertain at the time we negotiated the agreement and was the reason why we included a provision (in Section 3) wherein, the City reserved the right to increase/decrease the number of inspection service hours. Any change, however, is to be in writing and by mutual consent (per Section 11). We now wish to increase the FY 1988-89 inspection services to be provided by your firm, from 800 to an estimated maximum of 1,400 person hours (the current rate of $43/hour remains unchanged). At your meeting with mr. Saucedo, you agreed to this change. We, therefore, request that you sign, in the space provided below, approving the increase in inspection services from 800 to a maximum of 1,400 person hours. The fees due your firm shall increase proportionately from $34,000 to an amount not to exceed $60,200. Please return the signed letter by March 3, 1989. No other changes to the agreement are required. We appreciate your cooperation in helping us to provide quality inspection services in the City. 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691-5021 BSI Consultants, Inc. - 2 - February 21, 1989 If you have any questions regarding this'8~a~D ~e~e call Mr. Roberto Saucedo at 691-5023. 2Z~ CITY CLE~ii~i'if!<~' A Date: ~ Vice President BSI Consultants, Inc. RS:llb cc: Gene Asmus, Assistant City Manager Rich Rudolf, Assistant City Attorney Lyman Christopher, Director of Finance (PO 187120) Jennie Fulasz, City Clerk (Resolution No. 13811) Larry Paine, Principal Management Assistant (A\LETTERS\BSI.DOC) CITY OF CHULA VISTA