HomeMy WebLinkAboutReso 1989-15245 RESOLUTION NO. 15245
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND ZENITH AERIAL INCORPORATED FOR PREPARATION OF
AERIAL TOPO MAPS FOR WIDENING MAIN STREET FROM
INTERSTATE 5 TO INDUSTRIAL BOULEVARD, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, requests for proposals were sent to four firms
specializing in aerial mapping and a notice was published in the
San Diego Union, and
WHEREAS, two firms responded, Zenith Aerial, Inc. and
Photo Geodetic Corporation, and
WHEREAS, Zenith Aerial, Inc. proposed to provide the
required services within the required time period at the lowest
cost to the City.
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 ZENITH AERIAL,
INCORPORATED for preparation of aerial topo maps for widening
Main Street from Interstate 5 to Industrial Boulevard dated
the 8th day of August , 1989 , 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.~t
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
~ P
hn . Lip'pit;t~ Director of //~bOmas J. City Attorney
Works ~
6041a ~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 8th day Of August
19 89 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Moore, McCandliss, Nader, Cox
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
Mo'~f the C/ty of Chula Vista
Acting -//City Clerk
ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION NO. 15245 ,ond thor the some hos not been oreended or repeoled
DATED
Ac~fng City Clerk "
CC-66
AGGREEMENT FOR DESIGN ENGINEERING SERVICES
BETWEEN CITY OF CHULA VISTA AND
ZENITH AERIAL, INC.
THIS AGREEMENT is made and entered into this 8th day
of August ,1989,.b[..and between'the CITY OF CHULA VISTA,
CALIFORNIA, a public corporation,' hereinafter referred to as
"City", and ZENITH AERIAL, INC., a California' Corporation
" :whose address is 5205
hereinafter referred to as Consultant,"
Avenida Encinas, Suite Je, Carlshad, California,, 92008, covers
certain professional services'in'connection with'City of Chula
Vista street improvements along Main Street from Industrial
Boulevard to Interstate 51
REC TXL"
A. WHEREAS, the City is in the.' prOCess of preparing
construction plans, including a hydrologic study, for
widening of Main Street' from .Interstate S to Industrialj/.
Boulevard. In order for .the City to prepare the.hydrologic
study, certain topographic"'information is required in :the
vicinity of Main Street which is not currently available to
B. WHEREAS, the City 'requires aerial surveying services to
obtain certain topographic information needed to complete
the hydrologic study.
C. WHEREAS, the Consultant represents that it is qualified, it
has personnel and facilities available necessary 'to
accomplish the work within the required time, and
Consultant desires to undertake the same.
WITNESSETH THAT, in consideration of the recitals and mutual
obligations of the duties as herein expressed, City and
Consultant agree as follows:
Scope of Work
Consultant agrees to provide and be responsible for the
following tasks:
A. Photographic coverage of the area bounded by the
following California Coordinate System coordinates "
(see exhibit 1)I 154-1737I 154-1743I 158-1737~ and
158-1743. '. '. .
· ,
Standards,~ the ~..above I mapping ~ scale and. contour'
intervail. I Contours ~< shall / be . within ' 1/2 ]~ contour
~interve clear.,Cand ,I: well<< defined .... areas. . Al1!.I
planimetric ~ feature shall 1= be depicted . by !~,~ the
rage
s~": of ~ One., (1) .... set of
~ o~ho~ with..~'~ contours 'and ~ 'one (1) set
']~: con~ours~ only=to be used as an overlay on Cit~ of
=.~ula.~Vista~200 scale base maps.=~ Final maps shall
"'be s~mitted on D-sheet size mylars.,~
~Consultant. Will. be authorized and directed to 'proceed wi~
~aration and completion of tasks as 'provided in Section 1
of ~e Agreement., .~Consultant shall proceed wi~.the work
imediately~ ~. upon authorization and prose~te ~e work
completed within eight (8) weeks of
rization s~ject to :~ timely review by the- affected
:gove~ental agencies.~ ....
.iy U~derstOod',' by=:.hC~ns~ltant and City that
tasks...as .se~ fo~h in Section',:1 shall be completed no
than October '1 1989 . .... . .....
.,~
-' ~ i""; ' ::' :.
~o~"~ltant !'s~an 'psrf~-the sewices as set forth in
....... ~.~.ion '.. 1 - for a, fee not to eMceed $19,490 . This fee shall
s:~=.:-ex~e'~see?-re~Ircd to com,]~t, the tasks seh forth
. Section I which' may . include. ~ut is not limited Eo:
~roduction7'. and Printing;-.telephone charges; and automobile
~t" ~' submit an ~nvo~ce to C~ty upon completion of
the tasks set 'fo~h ~n Section 1, Compensation for the
~roJec~ shall ~ exceed the fee above, The ~nvo~ce shall
show hours and charges. for each task as set forth in Section
presentat of.: ~nvo~ce and ~s past due
thirty-' ~30)~days.. from,~nvo~ce date, City agrees to pay
'se~{ cha'~ge o~-~,any~i:past_due balance. of .1,5 percent per
t°=:coverT~a~ditionalz, handling and car~ng costs, Any
attorney.s fees ~- or~'= othe~ ;~ cost ~ncurred in collecting a
delin~nt account will be paid by City.
; ~itY'* fur~he= ag=e;s "to== furnish to' the Consultant, in a timely
'proceedings, o="certified copies thereof, as ~a=e available and
:. may ;,. be .. reasonably --'retired by the Consultant in the
~erfo~ance of these se~ices,.
'.';Conflict of Inte=es~
e~,~;~e Consultant presently has and shall ac~i're no interest
~hatsoever in Main Street from Industrial Boulevard to
Zn~erztate 5, the subject matter 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
:ant under this Agreement... The Consultant shall also be,
TenUred. to,execute,the attached statement of disclosure of
certatn'.o~ership interests../ .-= .
rc~lml I i Imam,q.._._ ~
~m.;!~; under Section' 3 heretnaboVe " e amounts payable
'.i;~ ~ documents ~: ~nd ..: other ,,-(~ "matertal~ ~ described :a::~in Section
~:~'~j*'hereinab°ve"'sh~ll":'~a~'the"'oPtton~fof.,the Ct~' beco '.
[ o receiV, e.., Just . and e~ttable' 'compensation s · a
' ~ ,~ .. P ;:. on such documents and other :.'~:~
materials to the effective date of such :==.temtnation
...Consultant hereby expressly waives any and all claims for
'. damages or compensation arising under this Agreement except as"
set forth in Section 3, hereinabove, in the event of such'
.:
, ' .: y~,~,'~7,'-~, ' ~ :'," : ~ °~ ' ~--',', '
. ':7: :'.:; ,
];;'~,/~,?:~'~ons~itant Shaii'~'~ot'assign any ~nterest ~n the Agreement, and
shall not transfer -~ any ~nterest ~n the same (whether by
~,;"asstgnmen=or novat~on), without prior written consent of
Cityl provided,. however, ,that claims for money due or to
may be assigned to a bank, .t~st company, or other financial
~nst~tution without such approval. Notice of such assignment
o= tr=~=f~T , shall' be [urn~..~e~ promptly to' City. Any
assignment . re~it~g. approval may not be further" assigned
Without City, a~roval ~'
designs, plans, procedures, systems, and any other materials
or properties produced under this Agreement shall be the 'sole
.,,~,:~;L,k,~a.d exclusive property, of'the City. No such materials or
~]~,~,'L',,.,~roper~ies produced in whole o~ ,in part under this Agreement
~'.':D~j~sha11 be subJect,,to' private use,', copyrights, o= patent right
l~.ited :,,. by, the,:,~,C;~rovisions' of ,,, the ~. mblic. Records Act), '
distribute and othe~ise,,. use" cop~right or pa en~ in whole
in ~art, any such reports,,: studies,',da~a, stat~st~cs~ fo~s
other materiaZs or properties produced under th~s Agree.end.
'"';' t ~"~ -' . - - .... ~v. ,,,= .
.
Independent Contractor
- : , . ,
C~'ty"""; ~s .'~ ~nteres~ed ~: "only ~n - the results obtained, and
Consultant shall perfom as an ~ndependen~ contractor with.
sole control of the manner and means of perfo~inq the
~ces retired under the Agreement. Cit~ maintains the
right onl~ to reject or accept ConauZtantes final work produc~
as is completed. Consultant and 8n~ of Consultant
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,
~ncluding, but not limited to, overtime, retirement benefits,
worker's compensation benefits, injury leave, or other leave
benefits ·
';~require changes' in the scope of the
services .~-~. by the -I Consultant to be performed under this
Agreement~,~.Such.;changes, including any-increase or decrease
.~..'in the amount of ~Con:ult---nt'u cc=pcnmction~ ~'hich are ~..uZually
~i=..~ageed;~upon.-by~,City and Consul~an~ shall'-be effective as
~'%~;'.~amen~nts ~ ~is a~eement only when in writing. .
damages v or.-~n, inJuries <.;.. to an~,.-person,; including in'Ju~
Consul~ant'l/emplo~ees· and all.".claims which arise from or are ~'~.
~-~,~e~j;:connec~ed .-,~wi~ ,~e ~. negligen~ L,. perfo~ance of or failure
Consultant,=~. h~s <agents; or - employees,;.. and ~. all e~enses ~ of
~;~2j'~'~nves~iga~ion and · defending agains~ ~, same~ provided, however
manner
and' will not render a professfermi opinion concerning site "-
conditions other ~han those actually obse~ed.
;. ,;~
I~M','I I III/M~
vetage to '$1' million co~ined single limits which
· '.Cit~ of. Chula~. Vista as additional
insured. : ~.; '~,~, ?;~-,e~ :,,~
~'~}insuranee' in ~h, State of."Califomia, ,'
~ S Rat~.g of "A"; 'C1~ 'V; ~ be~er. ' .... ......
'~ere"a: company is n~ included in Best~s, it
.... ~... show :'..b~ ,.:, convincing -- evidence tha~ i~s f~nancial '
;respensib~lit~ ~s e~al to ~r bette= than ~he ra~ing
~.'se~ fo~h in, ~b~.'above.,,.
,? , ,, ,
,~ .... ~.,
'..
zn
performance~
Agreement
:> arbitration. ;AI ltanll~.~agree'
~" as:, fixed: '.[in'~a: result
entitled :,~: 't~i '
defense,
c,, fees ,' ' '. -
LEWIS F. ROBERTS, PRESIDENT
ZENITH AERIAL, INC.
~. ,. !..,.~.
!"' IN WlTNESS-,'WHEREOF
1989o l :" '
I.'..
·;" .' ': '; 'i"';
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CITY OF CHULA VISTA
DISCLOSURE STATEMENT
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