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HomeMy WebLinkAboutReso 1978-9299Form No. 342 Rev. 2/76 RESOLUTION N0. 929g SOLUTION OF THE' CITY COUNCIL OF~~iE` `CITY OF CHULA STA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA STA AND STEPHEN GEORGE FOR CONSULTANT SERVICES AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT reSOl T e City Council of the City of Chula Vista does hereby as ollows: N W, THEREFORE, BE IT RESOLVED that that certain agrQement bet en THE CITY OF CHULA VISTA, a municipal corporation, and STEP EN GEO GE, for consultant services dates wh i cr fully Vista agree the 2 th day of September 19 78 a copy of is at ached hereto and incorporated herein, the same as though set f rth herein be, and the same is hereby approved. B IT FURTHER RESOLVED that the Mayor of the City of Chula be, a d he is hereby authorized and directed to execute said vent f r and on behalf of the City of Chula Vista. Pres nted b Approved as to form by __ W. J Roben Director of Public George D. Lindberg, City Attorney Work A OPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VI5T , CALI ORNIA, this 26th day of September 19 78 , by AYES: Co ncilmen Scott, Cox, Egdahl, Hyde, Gillow NAYS Co ncilmen None ABSE T: Co ncilmen None Mayor of the City of Chula Vista ATTE City Cler STAT OF CA IFORNIA) COUl~i' OF S DIEGO) ss . CITY OF CHU A VISTA) I, _ of C ula Vi ta, California, DO HEREBY C true and co rest copy of Resolution No. not een am nded or repealed. DATED City Clerk of the City that the above is a full, and that the same has City Clerk ~.,c:f:,,~ t..a::,, r, ~2N`~l CO TRACT FOR PROFESSIONAL CONSULTANT SERVICES ~" T~3IS AGREEMENT, made this 26th day of September , 1978, by and between the CITY OF CHULA VISTA, a Municipal Corporation (here- ina ter re erred to as "CITY"), and Stephen George and Associates, Inc., loc ted at 6856 Deerrun Place, San Diego, California (hereinafter ref rred t as "CONTRACTOR"). W I T N E S S E T H: HEREAS, CITY desires to engage CONTRACTOR to render cer ain to hnical and/or professional services hereinafter described for the up ate of the five-year (1779-83) Chula Vista Transit Financial Pla and elated subtasks; HEREAS, CONTRACTOR is qualified and agreeable to render aforesaid technical and/or professional services; NOW, THEREFORE, in consideration of the foregoing and of th mutua promises hereinafter expressed and intending legally to be bo nd her by, the parties hereto do mutually agree as follows: Ar icle 1 Employment Contractor CITY hereby agrees to engage CONTRACTOR to perform the to hnical and/or professional services as hereinafter set forth. Article 2 ~. S of Services CONTRACTOR shall perform all work necessary to complete in a anner atisfactory to CITY the services set forth in Appendix A, a tached ereto and by reference incorporated herein and made a p rt her of. ticle Personnel A. CONTRACTOR represents that it employs, or will employ, a its o n expense, personnel required in performing the service under t is Agr ement, and as set forth in Appendix A. g. All of the services required hereunder will be performed b CONT CTOR and all personnel engaged in the work shall be fully q alifie and be authorized or permitted under State and local law to perform such services. -1- ~l ~; Arti le 4. Time of Performance T e services of CONTRACTOR are to commence within five (5) days after he CITY has authorized work to start by the issuance of a No ice to Proceed. The tasks as set forth in Appendix A will be comp eted a d submitted to the CITY within two weeks after receipt of N tice t Proceed. Arti le 5. Notice Regarding Late Delivery In the event the CONTRACTOR encounters difficulty in mee ing pe formance requirements, or anticipates difficulty in com lying ith the contract delivery schedule, or date, the CONTRACTOR sha l imme iately notify CITY thereof giving pertinent details inc uding he date by which it expects to complete performance or mak deliv ry; provided, however, that this data shall be infor- mat'onal o ly in character and that receipt thereof shall not be con trued s a waiver by the CITY of a contract delivery schedule or ate, o any rights or remedies provided by Iaw under this contract. Ar icle 6. Limitation of Cost The total cost to CITY for the technical and professional se vices o be prepared by CONTRACTOR shall not exceed Two Thousand an Five undred Dollars ($2,.500). Adjustment of total cost will be permitted when the CO TRACTO establishes and CITY, is in agreement that there has been ~r is to e a significant change in: (a) Scope, complexity or character of the services to be performed; (b) Conditions under which the work is required to be performed. -ticle Payment .Upon completion of the project, CONTRACTOR shall submit ~ CITY n invoice for the total project fee. Promptly after receipt f the 'nvoice and after approval by the City's Director of Public orks, he CITY shall make payment thereon to the CONTRACTOR, not to s~ceed fight Hundred and Ten Dollars ($810). -2- 1. If the CONTRACTOR fails to perform the services c lied for by this Agreement within the time(s) specified h rein or any extension thereof; or 2, If the CONTRACTOR fails to perform any of the o her provisions of this Agreement or so fails to make p ogress as to endanger performance of this Agreement in ccordance with its terms, and in either of these two ircumstances does not correct such failure within a period f ten (10) days (or such longer period as the CITY may uthorize in writing) after receipt of notice from the ITY specifying such failure. . Except with respect to defaults of subcontractors, the ~ON RACTOR shall not be liable for any excess costs if the failure to erfor this Agreement arises out of causes beyond the control an witho t the fault or negligence of the CONTRACTOR. Such causes ma inclu e, but are not restricted to, acts of God or of the public en my, ac s of the Government in either its sovereign or contractual acts of the CITY, fires, floods, epidemics, quarantine ca acity, re tricti ns, strikes, and unusually severs weather; but in every ca e, the failure to perform must be beyond the control and without th fault or negligence of the CONTRACTOR. If the failure to per- form is c used by the default of a subcontractor, and if such default a ises o t of causes beyond the control of both the CONTRACTOR and s bcontr ctor, and without the fault or negligence of either of them, t e CONT CTOR shall not be liable for any excess costs for failure t perfo m, unless the services to be furnished by the subcontractor w re obt inable from other sources in sufficient time to permit the r T~TTRACT R to meet the required delivery schedule or other performance uirem~nts. c. If this Agreement is terminated as provided in ~ragra h "a" of this clause, the CITY may require the CONTRACTOR o prov'de all finished or unfinished documents, data, studies, hotographs, reports, etc., ervice , drawings, maps, models, p repare by the CONTRACTOR. In this event, the CONTRACTOR shall be -4- c,~r-,c, enti led to receive just and equitable compensation for the services perf rmed o the aforementioned and all costs associated thereto. e. If, after notice of termination of this Agreement ovisions of this clause, it is determined for any reason unde the p that the CO TRACTOR was not in default under the provisions of this, cla se, or that the default was excusable under the provisions of thi Claus , the rights and obligations of the parties shall, if the Agr ement ontains a clause providing for terminations for convenience of he CIT , be the same as if the notice of termination has been iss ed pur uant to such clause. Art~cle 13~ Prohibited Interest o member, officer or employee of the CITY or of a local or tate p blic body during his tenure or one year thereafter shall ha any i terest, d~.rect or indirect, in this contract or the proceeds th reof. ~1r icle 1 o Interest of Members of Congress No member of or delegate to the Congress of the United St tes sh 11 be admitted to any share or part of this contract or to any be efit arising therefrom. ~r~icle l~o Notice Any notice or notices required or permitted to be given p rsuant o this Contract may be personally served on the other p rty by the party giving such notice, or may be served by certified m il, re urn receipt requested, to the following addresses: Jack A. Bloom Transit Coordinator City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 ~D - City Cle k a s t~'"~9~i b - ~ r City Attorney tephen George and Associates, Inc. 6856 Deerrun `Place' San Diego, CA ;.. CITY O CHULA VI A ~~ By M r Pro Tempore Its Contracting Officer BY ~~° S ephen George Y APPENDIX A Scope of Services A. ~ontrac~or will: provide consulting services required to prepare an update of :he fiv year (1979-83) Chula Vista Transit financial plan ;lement of the City's Transit Development Program. The scope ~f services will include the conduct of the following tasks: ask 1 - Review City's Prior TDP Reports and Supportin Records. „ Transit Development Program, March 1976, by CAAy ..Transit Development Program, March 1977, by ..Annual Operating Statistics Report, FY 1977-78, August 1978 June 1978 ..GPO's Transportation Improvement Program, ..GPO's Transportation System Management, June 1978 ,.MTDB's Transportation Development Program, July 1978 ['ask 2 - Prepare Update to Financial Plan Element, FY 1979-83, and coordinate with CPO, MTDB and UMTA Regional staffs. ..Prepare projection of available/needed UMTA Section 3, 5, and 9 grant funds available to the City over the five year period in relation to the major recommenda- tions addressed in the City's 1976 Transit Development Program. ..Review Prel. Fin. Plan Element with CPO staff ..Review Prel. Fin. Plan Element with MTDB staff ..Review Prel. Fin. Plan Element with UMTA staff by telephone „ Review Draft Report with City Transit Coordinator Task 3 - Prepare Final Financial Plan Update Report ..Type Final Report ..Reproduce Required Number of Copies (Six) ..Deliver Report to Transit Coordinator B.~ CITY will: 1. i City' o the ~ 2. rovide CONTRACTOR with any record information available files that may be deemed necessary for proper analysis OJECT. anticipate in the PROJECT primarily for consultation, bordina~ion and review. ~~ ~~ i