Loading...
HomeMy WebLinkAboutReso 1989-13973 RESOLUTION NO. 13973 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JHK & ASSOCIATES FOR CONSULTING ENGINEERING SERVICES TO CONDUCT THE GROWTH MANAGEMENT PLAN (TRAFFIC MONITORING PROGRAM) TRAFFIC STUDY 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 JHK & ASSOCIATES for consulting engineering services to conduct the Growth Management Plan (Traffic Monitoring Program) Traffic Study dated the 21stdaY of February , 1989, a copy of which is attached hereto and incorporated herein, the same as though fully ~et 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 t~ ~rr~ ~t~ ~r~ _ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHU~A VISTA, CALIFORNIA, this 21st ddy Of. February 19 89 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Nader, Cox, Malcolm, Moore NAYES: Council members None ABSTAIN: Councilmembers None _ ABSENT: Counci ]members None Ma the City of 'Chula Vista aTTEsT ~~ ,C~~~,~_- - c,,y Clerk STA OF CALIFORNIA ) ;OUNTY OF SAN DIE~ ) ss. ;ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, )0 HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION NO. 13973 ,ond that the some has not been amended or repealed ,ATED City Clerk C-660 AGREEMENT FOR CONSULTING ENGINEERING SERVICES BETWEEN THE CITY OF CHULA VISTA AND JHK & ASSOCIATES FOR A GROWTH MANAGEMENT PLAN (TRAFFIC MONITORING PROGRAM) TRAFFIC STUDY t liHEREAS, the C¶ty of Chula Vista ts tn need of professional englneertnI serv ces to prepare a Grouth Nanagement Plan (Traffic Nonttortng Program Traffic Study; aM liltERE:AS o the Ctty of Chul a Vtsta has tssued ~q t nvt tart on to engineering firms throughout the State of California to sui}mtt their proponls for such a ltudy; and IIHEREAS, the City evaluated the qualifications and proposals of 11 firms and interviewed five of these firms for possible selection; and I~HEREAS. the City enlisted the usistence of representatives free other public agencies to asstst In the tnte~.~.ew.__p.~e~_s.; and tHEREAS, JHK & Associates was selected Is the most qualified firm for the proposed project due to the firm's successful completion of stmtlar projects for other public c11enta and due to costs, availability, and staffing, NW, THEREFORE, BE IT RESOLVED that the City of Chula Vista and JHK & Associates, a consulting firm, do hereby mutually agree as follows: I. PARTIES The parties to this agreement are the City of Chula Vista, a municipal corporation (heretnafter referred to as "CITY"); and aHIC & Associates, a consulting fine (berethalter referred to as 'CONSULTANT"). ZI, INTENT GF THE PARTIES It ts the intent of the CITY and CONSULTANT that CONSULTANT carry out the at. tached Proposed Scope of llork and ProJect Schedule (ATTACHliNT OBLIGATIONS OF THE COfiSULTANT CITY, Fursuant to this agreement, hereby contracts wtth JHF, & Assoctatas {CONSULTANT) to act in tts behalf dtrectly and tndtroctly and in conjunction wt~h CITY staff tn carrytng out the attached llork Program and ProJect Schedule (ATTACFI4ENT "A"), CONSULTANT wtll perfore in accordance with the standard customartly provtded by an experienced and competent profeSStOM1 engineering organization rendering the same or stmllar senices, Upon execution of thts agreement by both arttes heroto, CONSULTANT will be authorized and dtrected to proceed Jth the preparation and completion of tasks as provided In the attached tiork Plan and ProJect Tasks (ATTACIt¢ENT "A"), Consultant shall proceed wtth the ~ork tamedlately upon authorization an4 parform the ~ork diligently to coe~letton, IV, OBLIGATIONS OF THE CITY ',-.'~..---' CITY shall rerularly consult tdth the COIGULTANT for the purpose d'? reviewing the progress of the Traffic Study and to provlde direction':', end gutdance to achieve the obJectivts of the study. The CiTY shall ~ .,, permit access to its office facilities. files end records by CONSULTANT,, throughout the term of the contract. ' V. ADNZNZSTRATZON OF CONTROT The CZTY hereby designates the Director of Publlc llorks as the CZTY"~ representative In the revtev and a~mtnlstratlon of the.work performed by CONSULTANT, pursuant to the att4che4 t/oft, Program 'end ProJect Schectule (ATTAC~ENT 'A'). :,, VZ. PROJ[CT SCHEDULEs TEI~ Affi) COleLETZON DATES The CZTY hereby authorizes the Otrector~of Public t~orks to ,admt':"ntster: the liork Program end ProJect $chedule..as contained .tn ATTACltlENT 'A' .... This agreeme~.t shall becom effective glx~n.executton "as authorized by.'.. '- the Ra~or of the CZTY. or his deslgneet end shall ~temtnate~~ tf not': temtnated pursuant to other provisions contained he ,retn, or othervise:'; " extended by all parties, on September 8, 1989. ,-, VII. CONPENSATION to be pald. -~GI~T~ tO the CONSULTANT,. shall be The coZensargon sectton and~nl~n~t~;~~ EIGIff/-EI~T.:.THOUSAND as SiX presented tn this HUICDP. ED DOLLARS (t~!.600oO0)o Fees for work: perfomed.~.shall lnclude all expenses required to complete tiC'tasks sat forth. belo~ uhtch-~ T~lude but am not 1fretted to:..r~productton end printin ;.tale hone charges~ and automobile rotlea . llork.'pro ram t4sks. sha11.,?~ compileted by CONSULTANT tn acco~nce'~t~ the ilork ~rogr8~ and ProJect' Schedule, (ATTACI~ENT "A"). COICSULT~.NT tdlT periodtcal1~ subeta lnvoices....to ClTY at the completion of each task; CITf agrees to p~y the CONSULTANT a. flat fee sho~n tn the folTo~lng table 'for Tasks .1.2o 3 and 7. The- CITY further to pay the CONSULTANT a unit price per. Intersection T 1 for asks 4. aSfr=~ 6 aTso shoun on .the fo loutrig table for locations datemined by the CIty Traffic Englneer. Ttts understood that thi -- CITY shall he 1tilted to requiring work ~o ~e done under Tasks 4~ 5 end 6 to that hamher of intersections resulting In fees ~htch do not exceed $35.800. In the event the Ctty Traffic Engineer datemines that additional intersections need to he studted under Tasks 4. 5 or 6. the parties shaT1 negotiate a change order to increase the ~axl~u~ compensation. Tas__~k Oescrt pit on 4~ount. 1 ProJect Ortentetton $ 420 2 Intersection Novement Counts 29,400:' '!' 3 Intersection Clpaclty Analysts Procedures (ICU/HCIq) 12,980 7 Ftnsl Report 10 000" ' Sub Total ~ ' 4, Detailed ICU Analysts/Improve Geomatrlc hftctenctes 120*/intersection 5' Detailed HCN Analysts/Improve Traffic Signal Ttmtng 80*/intersection 6- Detatled Stgnal Coordination Analysis 600*/tntersKtton Tasks 1, 2, 3 and 7 Su~-Total $52,800 Tasks 4, 5 and 6 Not-to-Exceed Sub-Total 35 800 GRAND TOTAL *Note-This is an optional t~sk and the work WIll be performed on a per intersection basis for intersections designated by the City Engineer. VIII. INTEREST OF CONSULTANT ,' The CONSULTANT presently has and shall acquire' no interest whatsoever tn the traffic study area of thts agree·ant,. dlrect or Indirect, whtch' would constitute · contrilct of interest or gtve the appearance of such con~tct. No person havtn any such conflict of 1hi·rest shall be employed or retained by the ~ONSULTANT under thts agree·ant. IX. HOLD HARNESS CONSULTANT agrees to tndemtfy and hold harmless the CITY against and from any and all dam es to property or tnJurles to or death of any person or persons, tnc~uedtng employees or · ants of the CITY, end defend, indemnify end hold hartT~'S*$'t;~i'[:I~, Its officers, agents and employees, from any and all clatss, demands, sutts~ acttons or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arlstn out of the negligent or Intentional acts, errors or omissions of the ~0IlSULTANT or any of its officers, agents, or employees, durtng the performance of the terms of thts contract. X. INSURANCE A. CONSULTANT shall, *~hroughout the duration of this agreement maintain comprehensive general 11ability and property damage insurance covertng all operatlons her·under of CONSULTANT, its agents and employees Including but not ltmttod to prestses and augmobile, with stntu coverage of ONE HILLION DOLLARS ($1 ,OOO,0OO. 00) combtried stngle ltmtts. Evidence' of such coverage, in the fore of · Certificate of Insurance 'and Poltcy Endorsement which nasa· the CITY as Additional Insured, shall be submitted to the City Clerk at 276 Fourth Avenue. .: ,, ,~: Said poltcy or poltcies shall provide thtrt, y (30) d~y vrtttan nottce to the Cf~y Clerk of the CITY of cancellation or material change. B. CONSULTANT shall also carr~ Worker's Compensation insurance tn the statutory aunt and Employer's Ltabtllt~ coverage In the amount of ONE NILLION DOLLARS ($1 ,CX)O,OO0. OO)~ evldence or vhtch ts to be furnished to the CITY tn the form of Certificate of Insurance. STANDARD OF CARE Servtce performed by the CONSULTANT under thts agreement rill be conducted tn a manner consistent vtth that level of care and skt11 ordinarily exercised by members of the profession currently practicing under sfmtlar condlttons and In stroller locations. Consultant viI1 t~ reporting 'the ftndfn~1 actually observed and vtll not render a professlone1 opinion concerning stto conditions other than those actually observed. XZI. TEPJqZNATZON OF AGRLrEI(NT FOR CAUSE Zf through any cause CONSULTANT shall fat1 to full111 tn a timely and proper manner his obltgatlons under thts agreeant, or tf CONSULTANT shall violeta an~ of the covenants, agreements, or stipulations of this agreement, CITY shall have the right to tormtnato this agreement by gtvlng vrttten notice to CONSULTANT of such termination and specifying the effective date thereof at least five {S) d~ys before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, tiredrigs, raps, reports, and other materials prepared by CONSULTANT shell, at the optton of the CTTY, become the property of the CITY, and CONSULTANT shall be entttled to receive Just and equitable compensation for a~y work satisfactorily completed on such documnts and other matartals up to the effective date of notice of temtnation, not to exceed the amounts pa. yable under Paragraph VZI herelnabove. X]:ZZ. TL'RNzNATZON OF AGRIEEHENT FOR CONVENIENCE: OF CITY CONSULTANT ma~ temtnate this agreement a~. a~y time and for any reason by giving specific vritten notice to CONSULTANT of such termination and specifying the effective date th~'~'e~' ;~i~'T~;ast thtr~ (30) da~s before the effective data of such teminatton. Zn that event, all finished and unffntshod documents and other matarials described in Paragraph XZZ herefnabove shall, at the optton of the CITY, become CITY's sole and exclusive proper'q. If the agreement ts terminated by CITY as provided in this paragraph, CONSULTANT shell be entttled to receive Just and equitable compensation for any sattsfacto~ work completed on such documents and other material s to the effecttve date of such teatnation. CONSULTANT hereby expressly vatves any and all claims for damages or compensation art sing under thts agreement except as set forth tn Paragraph VZZ heretnabove in the event of such termination. XlV. A$$XGNASILITY CONSULTANT shall not assign any Interest tn thls agreement, and shall not transfer any Interest tn the same (~dather by assignment or noveaton), viahove prtor vrttten consent of CITY, .OVN. ER~H. XP* PUBLICATION, RLrPROOUCTXOII ANO.US[ O.Ir. I~ATERIAL All reports, studtes, Information, date, statistics., forms, designs, plans, procedures, systems, and any other materials or properties produced under this agreement shall be the sole and exclusive propert~y of the CXTY. No such materlals or properties produced tn v~ole or tn part under this agreement shall be subject to private use, copy rtght. s, or patent rights by CONSULTANT tn the Untted States or tn any other country vlthout the express vrtt. ten consent of CXTY. CXTY shall have unrestricted authority to publtsh, dtsclose.(as lay be 1fatted by the provtslons of the Publlc Records_Act), distribute, and othenrlse:'use, copyright or patent, In vhole or tn part, any such reports, 'studies, date, statistics, foes or other materials or properties produced under thts agreement, XVI. INDEPENDENT CONTRACTOR , CITY ts Interested only tn the results obtained and CONSULTANT shall perform as an Independent contractor vtth. sole control of the runner and means of perfuming the servtces requtred under this agreement, CXTY mat.ntelns the right only to reject or accept CONSULTANT:s ftnal york product(s). Is crumpleand. CONSULTANT and any of the CONSULTANT*s agents, employees, or represen ttves are, for ali purposes under thts agreement, an Independent contractor, and shall not be deemed to be an employee of CITY, and none of them shall be entttled to any beneftts to vhtch CXTY employees Ire entitled, Including but not 1tatted to, I overtime, retirement belief as, tmrker*s compensation benefits, tnJury leave, or other leave benefits. XVII. CHANGES CXTY may from tlme to time requtre changes tn the scope of the servtces by CONSULTANT to be performed under thls agreement. Such changes, Including any change tn the aunt of CrJNSULTANT'S compensation vhtch are mtually agreed upon by CITY and CONSULTANT, shall be effective as amendments to thts agreement only vhen t n vrt ttng. XVXIX. RE:SPONSI~L[ CHARGE CONSULTANT shall msstgn e project manager(s) to the project for the duration of the project. No substitution for this sttton shall be allured trlthout vrttten approval from the CITY's D~re~tor of Public Slurks. The prOJect manageFfSr;";JRl~']"'Je:ssoctates shall be Dante1 F, ': ! -5- XlX, h~ FXXS N~ DISPUTES In the event that · disputes h cull later ~Vce~ b~ att~t~atim, theteto~ ot as fixed ~n a oot;t o2 law, 21xxdd that d~e~te teatlt in l~t~a~t~n, ~t Is agreed that the pteva~lin~ patty Call be endtried to recover all teaecnable costs Xnc~tted Xn tre de~mse o~ the claim, Lnclu~tng couzt oosts end at~'s ~ees. I1¢ wr/IcEss ~, c1~ m6 ~ have executed this c~tzact tot erK~lnee~ing services th~l ,, 21$t diy OE Februax7 p 1989. ClrZ OF C3JI~ Vlb'lX CIIGUL~hIT . V1Oe l~lsidsnt, Jl~ I, Usociates ,.',, Deputy Clty Attorney ' .. Hi.~ 4222E