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HomeMy WebLinkAboutReso 1989-13990 0784 RESOLUTION NO. 13990 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VTN SOUTHWEST, INC. FOR PREPARATION OF CONSTRUCTION DOCUMENTS AND PLANS NECESSARY FOR THE IMPROVEMENT AND WIDENING OF TELEGRAPH CANYON ROAD/OTAY LAKES ROAD (BETWEEN APACHE DRIVE AND RUTGERS AVENUE) AND PARALLELING CHANNEL 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 CHOLA VISTA, a municipal corporation, and VTN SOUTHWEST, INC. for preparation of construction documents and plans necessary for the improvement and widening of Telegraph Canyon Road/Otay Lakes Road (between Apache Drive and Rutgers Avenue) and paralleling channel, dated the 7tb day of March , _1989, a copy of which is attached hereto and incorporated herein, he same as though fully set forth herein Be, and the same is .ereDy approved.~ BE iT FURTHER RESOLVED that the Mayor of the City of Cbula Vista Be, and he is hereby authorized--aft-. directed to execute said agreement for and on behalf of he City of Chula Vista. Presented by Approved as to form by 0785 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHL._A VISTA, CALIFORNIA, this 7th day of. March 19 89 , by the following vote. to-wit: AYES: Councilmembers McCandliss, Nader, Cox, Malcolm, Moore NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counc i 1 members None /~,yor~of the of City Chulo Vista ~TTEST ,-~Z~ ci,y C,erk- eTA OF CALIFORNIA ) :OUNTY OF SAN DIEGO ) ss. :ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, )0 HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 13990 ,and that the same has not been amended or repealed ATED March 10~ 1989 C-660 0786 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VTN SOUTHWEST, INC. TO PROVIDE ENGINEERING SERVICES FOR THE IMPROVEMENT AND WIDENING OF TELEGRAPH CANYON ROAD/OTAY LAKES ROAD (SECTION BETWEEN APACHE DRIVE AND RUTGERS AVENUE) AND PARALLELING CHANNEL AND OTAY LAKES ROAD TO A DISTANCE APPROXIMATELY lO00 FEET NORTH OF THE TELEGRAPH CANYON ROAD/ OTAY LAKES ROAD INTERSECTION THIS AGREEMENT made and entered into this 7th day of l~arch , 1 989, by and between the City of Chul a ~a, Cal i forni a, a publ i c corporation, hereinafter referred to as the "City," and VTN Southwest, Inc., a California corporation licensed to perform professional engineering services in California, hereinafter referred to as the "Engineer," whose address is 4845 Ronson Court, San Diego, California, 92111. WITNESSETH: WHEREAS, the Engineer was selected by the City to provide the necessary engineering services for the improvement and widening of Telegraph Canyon Road/Otay Lakes Road (from approximately 200 feet west of Rutgers Avenue to approximately 500 feet east of Apache Drive) and paralleling channel, and design of Otay Lakes Road to a distance approximately 1000 feet north of Tel egraph Canyon Road/Otay Lakes Road i ntersecti on as descri bed i n the following articles of this agreement; and WHEREAS, the City desires to proceed with the engineering work described in this agreement in a timely manner; and WHEREAS, the City desires to engage the Engineer to render professional engineering services for the work listed in the following articles of this agreement, and the Engineer is willing to perform such services. NOW, THEREFORE, in consideration of the premises and covenants hereinafter contained, the parties hereto hereby agree as follows: ARTICLE I Description of Project The alignment of Telegraph Canyon Road/Otay Lakes Road roughly parallels the Telegraph Canyon creek bed. Telegraph Canyon is an intermittent stream canyon draining towards the west. Telegraph Canyon Road/Otay Lakes Road is a major City gateway to the east county. It represents an important route between the City and the eastern county areas. Heavy freight and passenger vehicles use this route. The Average Daily Traffic (ADT) is currently estimated at 13,560 for Telegraph Canyon Road. AGREEMENT-1 0787 The proposed project which will widen a length of Telegraph Canyon Road/ Otay Lakes Road (east-west) is one phase of a larger project approximately 21,000 feet in length that will widen Telegraph Canyon Road and Otay Lakes Road (east-~est) from Paseo Ladera to the Eastern City limits. The limits of the proposed project extend from approximately 200 feet west of Rutgers Avenue to approximately 500 feet east of Apache Drive, a distance of approximately 3,400 feet. In addition, it includes the design of Otay Lakes Road (north-south) to a distance approximately 1,000 feet north of the Telegraph Canyon Road/Otay Lakes Road intersection. The ultimate width of Telegraph Canyon Road/Otay Lakes Road will accommodate three (3) 12-foot through lanes and an 8-foot bicycle/emergency parking lane in each direction in addition to a 24-foot wide raised median. The roadway will be paved to an interim four-lane width and graded for the ultimate six-lane width (134') with 23-foot shoulders. The toe-of-slope of the fill required for the widening will encroach upon Telegraph Canyon Creek, the existing natural drainage channel to the south of Tel egraph Canyon Road/Otay Lakes Road. The extent of 1 ongi tudi nal encroachment extends across the width of Telegraph Canyon Creek at some points. However, a naturalized trapezoidal drainage channel must be designed with sufficient capacity to contain a lO0-year flood. The Engineering Division of the City of Chula Vista has recently approved the Grading and Improvement Plans for Otay Lakes Road section between Rutgers Avenue and Eastlake Business Center (known as the eastern section) and currently checking and almost ready to approve the Grading and Improvement plans for the section west of Apache Drive Iknown as the western section). ARTICLE I I Services Provided by the City The ultimate centerline for the subject section has been established and a preliminary design prepared. The City will provide the Engineer with the fol 1 owing documents and records: 1. Record of Survey Map and existing survey records. 2. Preliminary plans showing the proposed centerline alignment, ultimate street cross sections and existing right-of-way. 3. Topography map at scale of 1:40 with contour intervals of one (1) foot. Topography map elevations are based on City Bench Mark #475. 4. Copies of existing grading and improvement plans and drainage records for the surrounding areas and for any streets i ntersecti ng the subject street section. 5. Title Reports. AGREEMENT-2 0788 6. Draft Environmental Assessment document. 7. Copy of preliminary geotechnical investigation. 8. The City shall make copies, for the use by the Engineer, of all of its map s, records, or other data pertinent to the work to be performed by the Engineer pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. ARTICLE I I I Scope of Services The Engineer shall be responsible for the preparation of the final design for the widening and improvement of the subject street section and channel. In addition to compliance with the design standards and regulations of the City of Chula Vista for all the work to be undertaken, the Engineer must also comply with State and Federal design standards, regulations, guidelines and requirements. All plans and documents required to be prepared under this Article must provide for the appropriate joining with the existing and proposed improvements to be constructed to the east and west of the project. The Engineer shall be responsible to provide the final design drawings (improvement, grading, and drainage plans) in a DXF or IGES file format to be translated for use with VERSACAD or utilize a computer-aided drafting system compati bl e with VERSACAD. The final design and consulting services required shall consist of the fol 1 owing: PHASE I: DESIGN PHASE: 1. Improvement P1 ans: a. Street Improvement Plans: A complete set of improvement plans must be prepared at 1"=40' scale on City of Chula Vista format myl ars. Said plans must conform to the requirements and regulations outlined in the Chula Vista Subdivision Manual (pages 78 through 90 inclusive) and other standards except where i t contradicts with FHWA and/or Cal Trans requirements and regulations. Street Improvement P1 ans must show street pl an and profi 1 e (centerline and both curblines) and all the required public improvements. If median curbs are not symmetrical to centerline, then their profiles shall be shown. Said plans must i ncl ude super-el evati on of roadway where needed. Said plans must also include the design and relocation of approximately 1,000 feet of the existing 15-inch sewer line in the north-south section of Otay Lakes Road. Said plans must also show the existing ground profile under future centerline and curblines profiles. AGREEMENT-3 0789 b. Water Improvement P1 ans: A complete set of water improvement plans must be prepared in accordance with the requirements and standards of Otay Water District. Water improvement plans must show the plan and profile of the two mains in Telegraph Canyon Road/Otay Lakes Road. The two mains wi 11 repl ace the exi sting water 1 i nes and must be connected to the new system at each end of said street section. Said plans must also include a separate plan for approval of a 12" "high-line" that is required to be temporarily installed during the construction phase. c. Utilities Improvement Plans that consist of separate sheets showing the horizontal and vertical alignments of SDG&E, Pacific Bel 1 and cable fac i 1 i ties that must be unde rgrounded or relocated. The Engineer shall be responsible for full coordination with all utility agencies for successful processing and timely approval of all utility plans. The Engineer shall not be responsible for paying said utility companies for any utility design work. d. A separate Traffic Signal Plan showing the design and necessary information needed as required by the City Traffic Engineer for the installation of the traffic signal at the intersection of Telegraph Canyon Road and Otay Lakes Road. 2. Grading and Drainage Plans: A complete set of grading and drainage plans must be prepared at 1"=40' scale on City of Chula Vista format mylars. Said plans must conform to the requirements and regulations outlined in the Chula Vista Subdivision Manual (pages 91 through 104 inclusive) and other standards except where it contradicts with FHWA and/or CalTrans requirements and regulations. Said plans must cover the roadway and the flood control channel and must include provisions for cl eari ng and grubbi ng, roadway and channel excavations and compacted fills, unsuitable material excavation, cribwalls, channel, culverts, drop structures and other facilities as identified in the Chula Vista Subdivision Manual. The profile of the channel and all storm drain culverts must be shown on separate sheets. 3. The Engineer shall be responsible to provide design survey as necessary to verify and supplement City-provided topographic mapping and horizontal control data and to provide additional data to insure proper joining of roadway and channel with existing and proposed imp ro vement s. 4. The Engineer shall be responsible for the preparation of a complete set of construction documents including and not limited to plans, specifications and cost estimates. Said documents must be prepared in a manner suitable to the City of Chula Vista, CalTrans and FHWA since the project is a local agency advertised federally-assisted contract. Said documents must include applicable utility specifications for underground conversion and/or relocation if needed. AGREEMENT-4 0790 5. Drainage Design and Calculations: The Engineer is responsible for the complete design of the flood control channel and of all drainage structures and culverts. The design must be done in accordance with pages 69 through 74 (inclusive) of the Chula Vista Subdivision Manual and the standards and regulations required by CalTrans and FHWA. The following criteria is the exception to the Chula Vista Subdivision Manual: a. The subject channel shall be designed to discharge a lO0-year ultimate storm with a minimum freeboard of 6 inches. b. All drainage culverts shall be designed to discharge a 50-year storm without static head. The Engineer is responsible to verify and/or revise all existing preliminary hydrologic and hydraulic calculations that are available to the City as desc ri bed i n the Request for Proposal dated November 3, 1988. 6. Landscape anc~ Irrigation Plans: A complete set of landscape and irrigation plans must be prepared in accordance with pages 91 through 104 (inclusive) of the Chula Vista Subdivision Manual. Said plans must include all ultimate landscape, hardscape and irrigation improvements within the raised median areas. In addition, said plans must include the required landscape, hardscape, and irrigation improvements for the channel and all slope areas. In addition to said plans the Landscape and Irrigation Construction Contract Document must include a set of specifications and a final cost estimate as fol 1 ows: a. Specifications will identify all types and qualities of materials to be used and will set forth explicit and concise methods of construction and/or installation or to establish the quality and character of the finished work. b. Final cost estimate shall be based on the proposed construction contract documents and will reflect current prices known to the Landscape Architect for material and installation. 7. The Engineer shall be responsible for the preparation of necessary street right-of-way and easements drawings for property acquisition, drainage easements, slope rights, and other purposes for the project limits. The Engineer shall also be responsible for the preparation of legal descriptions, individual plats and easement documents for each parcel of land fronting the subject project. AGREEMENT-5 0791 8. Traffic Control, Phasing, and Striping Plans: a. The Engineer shall be responsible for the preparation of traffic control plans for routing traffic through the project during construction at a scale of 1"=40' Said traffic control plans shall provide for the necessary number of construction phases needed to keep all streets open at all times. Said plans must conform to the Cal Trans Manual of Traffic Control s for Construction and Maintenance Work Zones. Striping plans shall be prepared for each phase of construction. These plans shall consist of separate sheets. b. The Engineer shall be responsible for the preparation of final signing and striping plans for the subject project at a scale of 1"=40' and must provide for the necessary tie-in to the existing and proposed signing and striping. These plans shall consist of separate sheets. 9. The Engineer shall be responsible for the coordination and design implementation of all mitigation measures outlined in the Environmental Assessment Document including but not limited to the sound wall improvements in the Charter Point Subdivision located at the northwest corner of Telegraph Canyon Road and Otay Lakes Road. The Engineer shall not be responsible for obtaining permission from Charter Point Subdivision for installation of said wall. 10. The Engineer shal 1 be responsi bl e for provi d i ng the fol 1 owing services with regard to the work to be undertaken under this article: a. Coordination and meetings with the City of Chula Vista, County of San Diego, CalTrans, FHWA, San Diego Gas and Electric, Pacific Bell, Cox Cable, Chula Vista Cable and Otay Municipal Water District. b. Necessary consultations to bring about a successful completion of each task. c. Expeditious processing of plans with all agencies mentioned above. d. Prepare necessary construction changes to the construction documents in order to meet field conditions and revise plans to reflect as-built construction of the project. e. Provide blueprinting for design and plan checks as required for processing. f. All transportation or travel, telephone calls, cost of mylars and other miscellaneous expenses (at Engineer's expense; included in Article VI fee). AGREEMENT-6 0792 l l. Geotechnical Investigation and Report: The Engineer shall be responsible for the following: a. Review of all available plans, records, and geotechnical reports for the subject site. b. A subsurface investigation consisting of the excavation, logging and sampling of the necessary number of borings and exploratory trenches to evaluate the depth of alluvial soils, ground water, and to collect samples for laboratory testing. c. Laboratory testing of representative soil samples to include in-situ moisture and density, maximum dry density, shear strength, bearing capacity, subgrade support, settlement, corrosivity and compressibility characteristics, and "R" values of probable subgrade material s. d. Geotechnical analysis, including compilation of the laboratory data and analysis of subsurface conditions encountered during the investigation as they pertain to street widening, i nstal 1 ati on of cri bwal 1 s, channel real i gnment and other proposed improvements. Analysis shall include impact of fill loads (line and impact loads) and settlements upon existing utilities; i .e., sewer, water, etc. e. Preparation of a detailed report to present all findings, conclusions and recommendations regarding the design and construction of the proposed project. 12. The Engineer shall be responsible for the preparation of a Record of Survey that shows the final alignment of the centerline and right-of- way and provides for the setting of necessary monuments, including wel 1 monuments. PHASE II: CONSTRUCTION PHASE: 1. Geotechnical Observation and Testing During Grading Operations and Improvements Installations: The Engineer shall be responsible for the fol 1 owing: a. Geotechnical consultations, including attendance at the pre-gradi ng meeting. b. Full-time engineering supervision and observation of all grading operations. c. Field density testing necessary to provide an opinion relative to the compaction of structural fill s. d. Laboratory testing of whatever test needed. AGREEMENT-7 e. Geologic mapping and observation of whatever is needed. f. The Soils Engineer shall be available for consultation during the construction phase to make any needed revisions to plans. g. Documenting the AS-BUILT geotechnical conditions and test results in a technical report. h. Submittal of daily field reports and memoranda to document grading operations which comply with requirements, procedures and guidelines of CalTrans and FHWA. i. Testing of utility trenches, cribwall backfills and geologic review of bedrock exposures. j. Preparation of a final report on the as-built grading which must include test results, geologic/engineering observations and as-built geotechnical maps. Supplemental geotechnical analysis regarding unforeseen soil or geologic conditions encountered during grading must be included in the report. Reports shall comply with requirements, procedures and guidelines of CalTrans and FHWA in format and content. 2. Construction Staking and Field Measurements: The Engineer shall be responsible to perform the following work: Provide typical surveying services to install construction stakes for all relevant grading and improvement installation work associated with the subject project to include and not be limited to: a. Grading of street and flood control channel b. Finish grade stakes of street and channel c. Sewer main in Otay Lakes Road (N-S section) d. 16" and 20" water mains e. 12" temporary water high-line f. A11 uti 1 i ty trenches g. The clearing and grubbing limits for streets and channel imp rovemen ts h. Temporary and/or high line and underground utility services lines i. Street lights and traffic signal j. Storm drain culverts and structures k. Edge of paving AGREEMENT-8 0734 1. Crib wal 1 s m. Concrete curbs n. Landscaping improvements o. Irrigation improvements p. Setting and resetting of al 1 monuments q. All improvement items mentioned in Phase I of this Article that require surveying services and staking 3. Landscape and Irrigation Contract Administration and Site Observation: The Engineer shall be responsible for the following work: a. The Engineer shall advise as to the intent of the landscape plans and specifications and shall make such reports as deemed necessary in his professional judgment to the City. b. The Engineer's Landscape Architect shall visit the site and observe the project at various stages of construction to ascertain if the work is being performed in accordance with the Construction Contract Documents. The site visits shall be as fol 1 ows: · Pre-construction meeting at the site with City's representative and the Landscape Contractor to review in detail the procedure and schedule of the installation of the 1 andscapi ng. Observation and approval of placement of plant material. · Inspection of landscaping and hardscape. · Approval and inspection of irrigation main and lateral line instal 1 ation. . Pre-maintenance inspection to review the completed project and to provide any necessary check-list of items. This would be in a written report form. A final inspection on completion of the maintenance period, and a review of irrigation as-built drawings. · Project meetings. AGREEMENT-9 0795 ARTICLE IV Authorization, Progress and Completion Upon execution of this agreement by both parties hereto, the Engineer will be authorized and directed to proceed with the preparation and completion of the tasks described in Article III of this agreement. The Engineer shall proceed with the work immediately upon authorization and prosecute the work diligently to completion. It is mutually understood by both parties hereto that the final design plans will be completed by the estimated time as shown on the attached project schedule (Attachment A), subject to timely review by the affected governmental agencies. The attached project schedule is hereby made a part of this agreement. In any event, all the services listed under Phase I of Article III shall be completed by September l, 1989, and all the services listed under Phase II of Article III shall be completed by May 31, 1991. If delays occur that are beyond the Engineer's control and if the Engineer can show that said delays were not directly or indirectly caused by the Engineer, then the City Engineer can extend the dates mentioned above by a period not to exceed three (3) months. ARTICLE V Changes in Scope City may from time to time require changes in the scope of services to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Engineer's compensation, which are mutually agreed upon by City and Engineer shall be effective as amendments to this agreement only when in writing. ARTICLE VI Engineer's Fee and Method of Compensation The Engineer shall perform the engineering and related services as set forth in Article III hereinabove for a not-to-exceed fee of Two Hundred Forty Seven Thousand Dollars ($247,000.00) calculated in accordance with the attached fee schedule which is hereby made a part of this agreement. The Engineer will periodically submit invoices to the City pursuant to the attached fee schedule, Attachment B, and completion schedule shown below. Periodic payment shall not exceed the percentage of the not-to-exceed amount as fol 1 ows: AGREEMENT-IO 0796 % OF WORK DESCRIPTION OF COMPLETED COMPLETED TASKS 15 Conduct survey, meet with relevant agencies, initiate utility/agency coordination and geotechnical work, acquire and review reference information. 25 Preparation of improvement, grading, drainage, utility, right-of-way, easements, traffic and 1 andscape and irrigation plans: 50% complete. 50 Preparation of improvement, grading, drainage, utility, right-of-way, easements, traffic and 1 andscape and irrigation plans: 100% complete and ready for 1st submittal plan check. 65 Cost estimate, specifications, R.O.S., soils report and all tasks listed in Phase I of Article III have gone through 2nd check submittal and ready for 3rd check submittal. 80 All plans, specifications and estimates are approved. All tasks listed in Phase I of Arti cl e I I I are accompl i shed and project approved. 90 All tasks listed in Phase II of Article III are accomplished. 100 10% retained by City. To be paid upon completion of project. In the event a construction contract is not awarded, City shall compensate Engineer for all work completed up to completion of the plans including the ten percent City retention. Invoices will show hours and charges for each fee schedule classification 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 wi 11 be paid by City. AGREEMENT-11 0797 ARTICLE VII Records and Invoices 1. Upon request by the City, the Engineer shall furnish certified time records and invoices for all billings (pertaining to other than lump sum fees) to substantiate all charges. 2. Records shall be maintained by the Engineer in accordance with standard accounting practices with respect to al 1 matters covered by this Agreement. Except as otherwise authorized by the City, such records shall be maintained for a period of three years following receipt of final payment under this Agreement. 3. Upon written notice from the City, the Engineer shall make available to the City for examination all of the Engineer's records with respect to all matters covered by this Agreement and shall permit the City to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and other data rel ati ng to al 1 matters covered by this Agreement. ARTICLE VIII 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 Engineer in the United States or in any country without the express written consent of 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. ARTICLE IX Conflict of Interest and Disclosure 1. The Engineer presently has and shall acquire no interest whatsoever in the subject project of this Agreement, direct or indirect, which would constitute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by the Consultant under this Agreement. 2. The Engineer shall also be required to execute the attached statement of disclosure of certain ownership interest. AGREEMENT-12 0798 ARTICLE X Termination of Agreement for Cause If, through any cause, the Engineer shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the Engineer shall violate any of the covenants, conditions, or stipulations of this agreement, the City shal 1 have the right to terminate this Agreement by gi vi ng written notice to the Engineer 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 Engineer shall, at the option of the City, become the property of City and Engineer shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Article VI, hereinabove. ARTICLE XI Termination of Agreement for Convenience of City The City may terminate this Agreement at any time and for any reason by giving written notice to the Engineer 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 Article X, 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, the Engineer shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Engineer hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in Article VI, hereinabove, in the event of such termination. ARTICLE XI I Assi gnabi 1 i ty Engineer shall not assign any interest in the Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City; provided, however, that claims for money due or to become due to the Engineer 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. AGREEMENT-13 0799 ARTICLE XIII Independent Contractor The City is interested only in the results obtained, and Engineer shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. The City maintains the right only to reject or accept Engineer's final work product as is completed. Engineer and any of Engineer's employees, or representatives are, 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. ARTICLE XIV Indemnity The Engineer agrees to indemnify and save the City and its agents and employees harmless from any and all liability, demands, suits, actions, claims, damages or injuries to any person, including injury to 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 claimed to be caused by the negligent acts or omissions of Engineer, 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. ARTICLE XV Discrimination Prohibited In performing the services required under this Agreement, the Engineer shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XVI Standard of Care Service performed by the Engineer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The Engineer will be reporting the findings actually observed and will not render a professional opinion concerning site conditions other than those actually observed. AGREEMENT-14 r.80o ARTICLE XVII Insurance 1. The Engineer represents and warrants that it and its agents, staff and consultants employed by it is and are protected by worker's compensation insurance and that Engineer has such coverage under public liability and property damage insurance policies which the Engineer deems adequate. In addition, the Engineer will provide the following certificates of insurance to the City prior to beginning work: a. Evidence of Statutory Worker's Compensation coverage plus $1 million Employers liability coverage. b. Evidence in the form of a Certificate of Insurance and Pol icy Endorsement, or General and Automobile Liability coverage to $1 million combined single limits which names the City of Chula Vista as additional insured. c. Evidence in the form of a Certificate of Insurance of Errors and Omissions insurance to $500,000, unless Errors and Omissions coverage is included in General Liability. 2. All insurance carriers shall comply with the items listed below: a. Listing by the State Insurance Commission as a company authorized to transact the business of insurance in the State of California. b. A Best' s Rating of "A" , C1 ass V, or better. c. 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. 2b above. 3. The Engineer will sub-contract the Geotechnical portion of the contract to a soils firm called Ninyo and Moore. The Engineer and its insurance carriers shall not be directly responsible for Ninyo and Moore's portion of the work, provide evidence of i n c~ 2 accordance with items 1 of this and Article) in the form of a certificate of insurance and policy endorsement that will name the City and the Engineer as additionally insured. Ninyo and ~ioore shall be primarily and directly responsible for the Geotechnical portion of the work. AGREEMENT-15 08.91 ARTICLE XVIII 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 Engineer 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. ARTICLE XIX Representatives of Parties to Agreement The fol 1 owing are designated as representatives of parties to this Agreement: 1. The City designates its City Engineer (or his authorized representative) as its representative in all matters under this contract (except execution thereof) and all notices given to the City shall be addressed to the City Engineer at 276 Fourth Avenue, Chula Vista, Cal i forni a 9201 O. 2. The Engineer designates Mr. Michael L. Rust as the representative under this Agreement and notices sent to the Engineer shall be addressed to the above designated representative at 4845 Ronson Court, San Diego, California 92111. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. A ' d]'~'z( R.I~DSaO CITY V T V H Executive Vice President WPC 4253E AGREEMENT-16 802 STATE OF CALIFORNIA)SS COUNTY OF SAN DIEGO) ON THIS 1ST DAY OF MARCH, 1989, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED R. DALE HARVEY, JR. PERSONALLY KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE SAME AS EXECUTIVE VICE PRESIDENT OF THE CORPORATION THEREIN NAMED AND ACKNOWLEDGED TO ME THAT THE CORPORATION EXECUTED THE SAME, PURSUANT TO ITS BY-LAWS OR A RESOLUTION OF ITS BOARD OF DIRECTORS. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MARGERY~. ~PITONE NOTARY PUBLIC MY COMMISSION EXPIRES: OCTOBER 30, 1991 ,. . oso3 ,, . 0804 · ~ -~ .,~ ~ans ahg' ~.~ O' H r-, . E 13 ~-~ Ld ~: ,-. u.. (z:: (3 Ld LL -J · * bJ Ld h- Ld f.) bJ D',' ~-13c) ~D 080S ATTACHMENT B FEE SCHEDULE ENGINEERING: PER HOUR Principal $ 95.00 Senior Project Manager 84.00 Project Manager 7600 Senior Project Engineer 65.00 Project Engineer 6000 Associate Engineer 55.00 Assistant Engineer 47.00 Senior Designer 53.00 Designer 4600 Senior Draftsperson 4800 Draftsperson 4000 Delineator 3000 Project Coordinator 46.00 Processor 24,00 Technical Typing 30.00 SURVEYING: Principal 90.00 Senior Survey Analyst 65.00 Survey Analyst 55.00 Computer Analyst 52.00 Computer Technician 35.00 Field Supervisor 75.00 Field Coordinator 60.00 Two-Man Crew 124. O0 Three-Man Crew 166.00 PLANNING: PER HOUR Principal $ 85.00 Project Manager 70.00 Project Planner 60.00 Planner II 50.00 Planner I 40.00 Draftsperson 40.00 Junior Planner 30.00 Graphic Artist 30.00 WPC 4253E AGREEMENT-17 0806 CITY OF CHULA VISTA DISCLOSURE STATEMENT Contractor's Statement of Disclosure of Certain Ownership Interest on all contracts which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract i.e., contractor, subcontractor, material supplier. None 2. If any person identified pursuant to (1) above is a cor~.oration or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is noA-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A' 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No X If yes, please indicate person (s) . " ' 0807 Disclosure Statement (Con't.) Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary.) VTN SOUTHWEST, INC. S~gnatur of~/Date R. Dale Harvey, Jr. Exec. V.P. Print or Type Name of Contractor (L\CONTRACTS\BOILER)