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HomeMy WebLinkAboutReso 1977-8950RESOLUTION N0. gg50 RESOLUTION OF THE CITY COUNCIL OI'~''HE" CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILBUR SMITH & ASSOCIATES FOR PERFORMANCE OF CHULA VISTA TRANSIT'S MAINTENANCE FACILITY ANALYSIS 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and WILBUR SMITH & ASSOCIATES, INC., for performance of Chula Vista Transit's maintenance facility analysis study dated the 20th day of December 1977 , 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 cost of the consultant study, $2400, is hereby authorized to be expended from either UMTA Technical Studies funds or from LTF monies. 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 W. J. Robens, Director of Georq Lindberg, City At ey Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VI5TA, CALIFORNIA, this 20th day of December , 19 77 , by AYES: NAYES: Councilmen None ABSENT: Councilmen None ../~ Mayor of the City~of Ch a Vista ATTES City `Cle"rk Q STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) of Chula true and not been Councilmen Scott, Egdahl, Hobel, Cox, Hyde I~ , City Clerk of Vista, California, DO HEREBY CERTIFY that the above correct copy of Resolution No. and that the amended or repealed. DATED the City is a full, same has City Clerk CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES THIS AGREEMENT, made this 2Othday of December , 1977, by and between the CITY OF CHULA VISTA, a Municipal Corporation (here- inafter referred to as "CITY"), :and Wilbur Smitli and Associates, Inc., t located at 5900 Wilshire Boulevard:, Suite 800, Los Angeles, California (hereinafter -referred to as "CONTRACTOR"):. _, W I T N E S S E T H WHEREAS, CITY desires to engage CONTRACTOR to render certain technical and/or professional services hereinafter described for the analysis of proposed Chula Vista Transit maintenance costs, proposed non-revenue costs associated with San Diego Transit performing the maintenance function, and related subtasks; WHEREAS, CONTRACTOR is qualified and agreeable to render afore- said technical and/or professional services; NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter expressed and intending legally to be bound hereby, the parties hereto do mutually agree as follows: Article 1. Employment Contractor CITY hereby agrees to engage CONTRACTOR to per-form the technical and/or professional services as hereinafter set forth. Article 2. Scope of Services CONTRACTOR shall perform all work necessary to complete in a manner satisfactory to CITY the services set forth in Appendix A, attached hereto and by reference incorporated herein and made a part hereof. Article 3. Personnel A. CONTRACTOR represents that it employs, or will employ, at its own expense, personnel required in performing the service under this Agreement, and as set forth in Appendix A. B. All of the services required hereunder will be performed by CONTRACTOR and all personnel engaged in the work shall be fully qualified and be authorized or permitted under State and local law to perform such services. -1- Article 4. Time of Performance The services of CONTRACTOR are to commence within five (5) days after the CITY has authorized work to start by the issuance of a Notice to Proceed. The following tasks will be completed and sub- mitted to the CITY within two weeks after receipt of Notice to Proceed. Task Product Time (Staff Hours) 16 1 - Analysis of Cost of City Letter Provision of Daintenance Report 2 - Maintenance Capability Analysis Letter Report with Recommenda- tions 3 - Deadhead Analysis - As re: SDTC Contract Maintenance 4 - Comparative Cost Re- trieval Analysis from SDTC and Monitoring Activity Letter Report with Recommendations Report from SDTC and Recommendations 32 16 8 Article 5. Notice Regarding Late Delivery In-.the event the CONTRACTOR encounters difficulty in meet- ing performance requirements, or anticipates difficulty in complying with the contract delivery schedule, or date, the CONTRACTOR shall immediately notify CITY thereof giv].ng peztncnt detail r.;includng - including the date',by which it _ex~ects to~,complete per~ormance or make delivery; provided, however, that this data shall be informa- tional only in character and that receipt thereof shall not be con- strued as a waiver by the CITY of a contract delivery schedule or date, or any rights or remedies provided by law under this contract. Article 6. Submission of Reports In addition to the copies of the draft final letter reports specified in this contract, the CONTRACTOR shall forward all text and graphics of this report to CITY in a camera-ready form suitable for modification and reprinting following CPO and CITY review. Article 7. Limitation of Cost The total cost to CITY for the technical and professional services to be prepared by CONTRACTOR shall not exceed Two Thousand and Four Hundred Dollars ($2,400). Adjustment of total cost will be permitted when the CONTRACTOR establishes and CITY, and the COMPREHENSIVE PLANNING ORGANIZATION (CPO) are in agreement that there has been or is to be 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. Article 8. Pavment Upon completion of the project, CONTRACTOR shall submit to CITY an invoice for the total project fee. Promptly after receipt of the invoice and after approval by the City's Director of Public Works, the CITY shall make payment thereon to the CONTRACTOR, not to exceed Two Thousand Four Hundred Dollars ($2,400) lump sum amount. Article 9. Records and Audits CONTRACTOR shall maintain complete and accurate records with respect to costs incurrec under this Agreement to include the records supporting cost proposals used to enter into a contract with the CITY. All such records shall be maintained on a generally ac- cepted accounting basis and shall be clearly identifiable. CONTRACTOR shall make the representative of CITY, or their appointees, and the U.S. Department of Transportation, during normal business hours, all of such books and records, and the right to examine and audit the same, and to make transcripts therefrom as necessary, and the CONTRACTOR shall allow inspection of all work data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. CONTRACTOR shall maintain records to show actual time and allowable costs with respect to each task set forth as required by UMTA. -3- Article 10. Compliance with Civil Rights Act During the performance of this contract, CONTRACTOR agrees as follows: A. Equal Employment Opportunity In connection with the execution of this contract, CONTRACTOR shall not discriminate against any employee or appli- cant for employment because of race, religion, color, sex or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruit- ment, or recruitment advertising; layoff or termination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship. B. Nondiscrimination Civil Rights Act of 1964 CONTRACTOR, with regard to the work performed by it after award and prior to completion of the contract work, will comply with the regulations of the Department of Transportation relative to nondiscrimination in Federally Assisted programs of the Department of Transportation (49CFR21). C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitation, either by competitive bidding or negotiation, made by CONTRACTOR for work to be performed under a subcontract, including procurement of materials or leases of equip- ment, each potential subcontractor, supplier, or lessor shall be notified by CONTRACTOR of CONTRACTOR'S OBLIGATIONS under this con- e tract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex or national origin. -4- D. Affirmative Action Compliance The CONTRACTOR shall have a written Affirmative Action Plan in conformance with Title 49, CFR Part 21. The Plan should con- tain, at least, the following information: current composition of minorities and women in CONTRACTOR'S work force; statement of equal opportunity employment of goals and timetables for achievements; iden- tification of those employment categories where minorities and women are underutilized; and identification of the CONTRACTOR'S Affirmative Action measures designed to overcome any areas of underutilization. A copy of the Affirmative Action Plan for the period of time covered by this Agreement is required for review and approval by CITY and CPO prior to payment;. E. Information and Reports CONTRACTOR will provide all information and reports re- quired by the United States Department of Transportation Regulations, or orders and instructions. issued pursuant thereto, and will permit access to its books, records, account's.,.. other sources of information, and its facilities as may be .determined by CITY or the Comprehensive Planning Organization to be~ pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to CITY or CPO as appropriate, and shall set forth what efforts it has made. to obtain the information. F. Sanctions for Noncompliance In the event of the CONTRACTOR'S noncompliance with the non-discrimination provisions of this contract, CITY shall impose such contract sanctions as CITY or U.S. Department of Transportation may determine to be appropriate, including, but not limited to: 1. Withholding of payments to CONTRACTOR under the contract until CONTRACTOR complies, and/or 2. Cancellation, termination, or suspension of the contract, in whole or in part. f' Article 11. Covenant Against Contingent Fees CONTRACTOR warrants that he has not employed or retained any company or person to solicit or secure this contract, and that he has not paid or agreed to pay any company or person any fee, com- mission, percentage, brokerage fee, gifts, or any other considera- tion, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, CITY, CPO, or U.S. Department of Transportation shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee Article 12. General Provisions Those provisions as set forth in the General Provisions at- tacked hereto are by reference incorporated herein and made a part hereof. Article 13. Subcontracting CONTRACTOR shall not subcontract any portion of the work required by this Agreement, without prior approval of CITY. Article 14. Termination of Agreement for Cause a. The CITY may, subject to the provisions of paragraph "c" of this clause, by written notice to the CONTRACTOR, terminate the whole or any part of this Agreement in any of the following circum- stances: 1. If the CONTRACTOR fails to perform the services called for by this Agreement within the time(s) specified herein or any extension thereof; or 2. If the CONTRACTOR fails to perform any of the other provisions of this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of ten (10) days (or such longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure. b. In the event the CITY terminates this Agreement in whole or in part as provided in paragraph "a" of this clause, the CITY pro- cure, upon such terms and such manner as he may determine appropriate services similar to those terminated, and the CONTRACTOR shall be li- able to the CITY for any excess costs for such similar services: Provided that the CONTRACTOR shall continue the performance of this Agreement to the extent not terminated under the provisions of this clause. c. Except with respect to defaults of subcontractors, the CONTRACTOR shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONTRACTOR. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, acts of the CITY, fires, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the CONTRACTOR. If the failure to per- form is caused by the default of a subcarttractor, and if such default arises out of causes beyond the control of both the CONTRACTOR and subcontractor, and without the fault or negligence of either of them, the CONTRACTOR shall not be liable for any excess costs for failure to perform, unless the services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the CONTRACTOR to meet the required delivery schedule or other performance requirements. d. If this Agreement is terminated as provided in para- graph "a" of this clause, the CITY may require the CONTRACTOR to provide all finished or unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONTRACTOR. In this event, the CONTRACTOR shall be entitled to re- ceive just and equitable compensation for the services performed on the aforementioned and all costs associated thereto. e. If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the Agreement contains a clause providing for terminations for convenience of the CITY, be the same as if the notice of termination has been issued pursuant to such clause. Article 15. Prohibited Interest No member, officer or employee of the CITY or of a local or state public body during his tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. Article 16. Interest of Members .of Congress No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom. Article 17. Notice Any notice or notices required or permitted to be given pursuant to this Contract may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses: Jack A. Bloom Transit Coordinator City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Terry Brothers Wilbur Smith & Associates, Inc. 5900 Wilshire Boulevard Los Angeles, CA 90036 CITY OF CHULA VISTA AT T: /' \ ~~ By w ~ ' ~! ~ Mayor City Clerk Its Contracting Officer Approved as rm b .~' V r City Attorney CERTIFICATION OF CITY OF CHULA VISTA I hereby certify that I am the Mayor of the City of Chula Vista and that the consulting firm of or its representative has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or or- ganization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certificate is to be furnished to the Comprehensive Planning Organization in connection with this agreement involving participation of Federal UMTA funds, and is subject to applicable State and Federal laws, both criminal and civil. December 20, 1977 ~./ Date Mayor CERTIFICATION OF CONSULTANT I hereby certify that I am the Contracting Officer and duly authorized representative of the firm of whose address is and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage fee, contingent fee, or other considera- tion, any firm or person (other than a bona fide employee working solely for me or the above consult- ant) to solicit or secure this agreement; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procurring or carrying out the agreement. I acknowledge that this certificate is to be furnished to the City of Chula Vista, U.S. Department of Transporation, in con- nection with this agreement involving participation of Federal UMTA funds, and is subject to applicable State and Federal laws, both criminal and civil. f ~~~ Date Contracting Officer ii APPENDIX A SCOPE OF SERVICES A. CONTRACTOR will: Provide consulting services required to prepare detailed analysis of operating and capital costs of proposed City of Chula Vista maintenance of a local transit system versus San Diego Transit Corporation maintaining Chula Vista Transit equipment. The scope of services will include the conduct of the following tasks: Task #1 - Prepare estimated capital and operating costs for the City of Chula Vista to maintain its own buses at the proposed expanded City maintenance facility. Subtask (a) - Separately prepare the annualized cost of adequately expanding the City's existing maintenance facility (construction is estimated to be approximately $333,000) over a 20-year time period. Task #2 - Prepare an analysis of what type(s) of main- tenance can be adequately performed by City mechanics. '' If "heavy" maintenance cannot be performed at this expanded City facility, the question of where can it most efficiently and economically be handled (and at what cost) must be answered. Task #3 - Determine the deadhead mileage and hours (non-revenue cost) for Chula Vista Transit (CVT) buses travelling to San Diego Transit's (SDTC) maintenance yard for maintenance at all appropriate levels. A discussion of what type of City and SDTC employee will drive CVT buses to and from San Diego would be appropriate in order to determine an estimated range of deadhead mile- age costs involved. iii Subtask (b) - Direct retrieval of the total capital and operating costs of SDTC maintaining CVT buses at approximately the same maintenance levels proposed at the expanded City site (from Task #1) from SDTC personnel. B. CITY will: 1. Provide CONTRACTOR with any record information available in CITY's files that may be deemed necessary for proper analysis of the PROJECT. 2. Participate in the PROJECT primarily for consultation, coordination and review. Reasonable staff time will be made available for consultation, research and review. Limited staff assistance will be available for work production, on an as-needed basis subject to availability. It is anticipated that CITY parti- cipation will not exceed 70 hours. APPENDIX B ESTIMATE OF PERSON HOUR REQUIREMENTS AND COST OF PROFESSIONAL SERVICES REQUIRED FOR MAINTENANCE FACILITY ANALYSIS OF CHULA VISTA TRANSIT 1. Direct Salaries Project Manager Registered Civil Engineer Principal Consultant L.L.B. Registered Civil Engineer/ Editor Clerical 2. Labor Overhead Employee Benefits at 29.5 3. Direct Expenses Travel Hours .Hourly Rate Amount 8 $11.00 $ 88.00 48 $13.00 $624.00 16 $ 8.00 $128.00 8 $ 4.00 $ 32.00 TOTAL DIRECT SALARIES $872.00 $255.00 $100.00 4. Summary A. Total Direct Salaries $872.00 General and Administrative Expense @ 109.5 $953.00 B. Labor Overhead $255.00 C. Direct Expenses $100.00 TOTAL ESTIMATED COST AND PROFIT $2,400.00