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HomeMy WebLinkAboutReso 1978-9072RESOLUTION NO. 9072 RESOLUTTON OF THE CITY COUNCIL OI'~~T€iE" Ch'TY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SHOLDERS AND SANFORD, INCORPORATED, FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE ALVARADO PLACE STORP~ DRAIN 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and SHOLDERS AND SANFORD, INCORPORATED, for the preparation of plans and specifications for the Alvarado Place storm drain dated the 11th day of April 1978 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 City Council does hereby authorize the expenditure of $9,250 from•Project RS-4, Account No. 600-6000-RS04 for the purpose set forth hereinabove. BE TT 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 W. J. Robins, Director of Public Works Approved as to form by ' ` ,-~ % `. ,; ,, _- \~. ~ . George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 11th day of April , 19 78 , by AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde NAYES: Councilmen None ABSENT: Councilmen None `( , ' ~~ - Mayor of the City of hula Vista ATTEST ~ -<~ ,~.2 ,,. -~ ~ /, ~~; ~~ City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) of Chula true and not been I~ City Clerk of Vista, California, DO HEREBY CERTIFY that the above correct copy of Resolution No. and that the amended or repealed. DATED City Clerk the City is a full, same has AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SHOLDERS AND SANFORD, INC. FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR ALVARADO PLACE STORM DRAIN THIS AGREEMENT, made and entered into this 11th day of April, 1978, by and between the City of Chula Vista, a municipal corporation, hereinafter called "City," and Sholders and Sanford, Inc., hereinafter called "Engineer of Work," a Civil Engineering firm having their office and principal place of business at 3585 Fifth Avenue, San Diego, California 92103. W I T N E S S E T H WHEREAS, the City of Chula Vista has budgeted funds for the installation of drainage facilities from Alvarado Place to channel south of "H" Street, designated as C.I.P. Project RS-4, in the F1' 1977-78 budget, and WHEREAS, the City desires that plans and specifications be prepared, and WHEREAS, the Director of Public Works of the City of Chula Vista, hereinafter referred to as "Director", has recommended that the City employ said Engineer of Work to perform the duties of the Engineer of Work as specified in this Agreement, and NOW, THEREFORE, it is mutually understood and agreed by and between City and Engineer of Vdork as follows: I. EMPLOYl~lENT OF ENGINEER OF WORK: The Engineer of Work is hereby employed by City as Engineer of Work to perform all of the professional services hereinafter defined and described in connection with the Project, and that said Engineer of Work shall be paid by the City for his services and compensation hereinafter set forth, and said Engineer of :cork does hereby agree to do and perform said services hereinafter de- fined and set forth for the compensation hereinafter fixed. II. DUTY OF ENGINEER OF WORK: The Engineer of Work shall, in a good, workmanlike and pro- fessional manner and at his own cost and expense, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations and all other means whatsoever, except as herein otherwise expressly specified to be furnished by City, necessary or proper to perform and complete the work and provide the services required by the Engineer of V1ork by this Agreement. III. WORK REQUIRED OF THE ENGINEER OF WORK: Engineer of Work agrees to do and perform the work as follows: A. Plot field notes. provided by the City. B. Review existing plans and design data and provide drainage design for project. C. Prepare preliminary plans for the design improvements including special details. D. Prepare specification as required to supplement City Standard Specifications. E. Review design and specifications with City staff. F. Prepare final design plans and specifications. G. Provide bid quantities and prepare Engineer's Estimate. H. Determine and show on plans limits of right-of-way acquisition necessary for construction of the project. I. Preparation of easement description and plats, if requested by the City. IV. TIME FOR COMPLETION OF WORK: The Engineer of Work shall complete the plans, specifications and estimates within sixty (60) calendar days from date of execu- tion of Agreement or delivery of required information and materials to be provided by City, whichever occurs last. V. DIRECTOR TO REPRESENT CITY: The Director or his designated representatives shall repre- sent the City in all matters pertaining to services rendered pur- suant to this Agreement and shall administer this Agreement on behalf of the City. VI. OWNERSHIP OF DATA, P,EPORTS AND DOCUMENTS: The Engineer of Work shall deliver to the Director, as the work is completed, all notes of field surveys made, all reports of tests made, studies, reports, plans, drawings, and all other materials and documents received by or prepared by the Engineer of Work in the performance of this Agreement; all such notes, re- ports, studies, plans, drawings, and other materials and documents shall be the property of the City. VII. WORK TO BE PERFORMED BY CITY: On its part, the City agrees to provide the following at no cost to the Engineer of Work: A. All field survey work and monumentation of ground controls. B. Available hydrology and runoff information specifically including the 1964 drainage study by Lawrence, Fogg, Florer and Smith. C. Sketches, "T" sheets, as available. D. Plan and profile of existing sewers. E. All pertinent record data available in City files. F. All existing utility information as provided by the various companies. G. Linens with City title block on which the design is to be placed. CJIII. ENGINEER OF WORK'S FEE: The City does hereby agree to pay the Engineer of Work on an hourly basis in accordance with the attached wage schedule (Exhibit A). The Engineer of Work does hereby agree to perform all work delegated to him by Section III, subsections A through H, by this document for a total compensation not to exceed Eight Thousand Two Hundred Fifty Dollars ($8,250). The Engineer of Work does hereby also agree to perform all work delegated to him by Section III, subsection I, by this document in accordance with the attached wage schedule (Exhibit A) for a total compensation not to exceed One Thousand Dollars ($1,000). -2- 4~7-~ Payment: City agrees to make monthly progress payments to Engineer of Work upon receipt of statement as work is done during the contract up to a maximum of 90%. The amount withheld will be paid in full upon acceptance of the work by the Director of Public Works. IX. DEFAULT OF ENGINEER OF L4ORK~: This Agreement may be terminated for default if the Engineer of Work breaches this Agreement or if the Engineer of Work refuses or fails to prosecute the work under this Agreement or any phase of the work, with such diligence as will assure its completion within the time fixed for completion. Termination of this Agree- ment because of a default of the Engineer of Work shall not re- lieve the Engineer of Work from liability for such default. X. PAYMENT UPON DEFAULT OF ENGINEER OF WORK: In the case of termination of this Agreement for default of the Engineer of Work, the Engineer of Work shall be entitled to payment of the reasonable value of the work and services he performed after execution of this Agreement and prior to its termination, less the aggregate of all sums previously paid to the Engineer of Work for work and services performed under the Agree- ment and less any increase or additional costs of expenses incurred by and any damages suffered by the City by reason of such default. XI. CITY'S RIGHT TO TERMINATE: PAYMENT: A. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. B. In the event of termination of this Agreement by the City in the absence of default of 'the Engineer of 6Vork, the City shall pay the Engineer of Work the reasonable value of the services actually performed by the Engineer of Work up to the date of such termination, less the aggregate of all sums previously paid to the Engineer of Work for services performed after execution of this agreement and prior to its termination. C. The Engineer of Work hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth in this section, in the event of such termination. XII. TERMINATION: DELIVERY OF DOCUMENTS: In the event of termination of this Agreement, and upon demand of the Director, the Engineer of Work shall deliver to the Director all notes, calculations, studies, reports, plans, drawings and all other materials and documents prepared by the Engineer of Work in the performance of this Agreement, and all such documents and materials shall be the property of the City; provided, however, that the Engineer of Work may retain copies for his own use. XIII. MODIFICATIONS OF AGREEMENT: This Agreement may be amended by reason of changes in the scope of the Project as described herein and the amount of any adjustment (increase or decrease) shall be determined by negotia- tions to the mutual satisfaction of the Director and the Engineer of Work and approved by the City Council. -3- XIV. INDEMNITY: Architect-Engineer 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 Architect's- Engineer'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 claim to be caused by the negligent acts of Architects-Engineers, his agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or will- ful misconduct of the City, its agents or employees. XV. LIMITATION OF LIABILITY: Any and all liability, claim for damages, cost of defense, or expenses to be levied against Engineer of Work will be limited to a sum not to exceed FIFTY THOUSAND DOLLARS AND NO/CENTS ($50,000.00) or the amount of its fee, whichever is greater, on account of any injury 'or damage to persons or property or arising out of any design defect, error, omission, or professional negligence. Further, the City agrees to notify any contractor or subcontractor who may perform work in connection with or making use of any design, re- port or study prepared by Engineer of Work of such limitation of liability and require as a condition precedent to it performing the work a like limitation of liability on their part as against the Engineer of Work. In the event the City fails to obtain a like limitation of liability of the Engineer,-of Work and/or .the City to such contractor or subcontractor arising out of alleged injury or damage to persons or property design defects, errors, omissions, or professional negligence shall be allocated between the City and the Engineer of Work in such a manner that the aggre- gate liability of the Engineer of Work shall not exceed FIFTY THOUSAND DOLLARS AND NO/CENTS ($50,000.00) or the amount of its fee, whichever is greater. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove set forth. THE CITY OF CFIULA VISTA ~~ t.~ rdayor of the City of Chu Vista ATTEST • ?/,~ZC.~~ '~ ,~ C!~!/~ City Clerk ENGINEER OF WORK Sholders & anford, Inc. Approved as to form by: ~'~~~~`~~ 2~~ ~'~ / ~_ City Attorney -4- E X H I B I T A HOURLY FEE SCHEDULE Principal Engineer Project Engineer Design Engineer Draftsman - Computer Design Draftsman Draftsman Reimbursables (printing) 3-Man Survey Party 2-Man Survey Party Survey Technician $40.00/hour 35.00/hour 28.00/hour 26.00/hour 22.00/hour 20.00/hour At Cost 84.00/hour 61.00/hour 26.00/hour