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HomeMy WebLinkAboutReso 1989-15246 RESOLUTION NO. 15246 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KLAGGE-STEVENS AND ASSOCIATES FOR DESIGN ENGINEERING SERVICES REQUIRED FOR STREET AND DRAINAGE IMPROVEMENTS ALONG THE EAST SIDE OF FIFTH AVENUE FROM "L" STREET TO NAPLES STREET 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 KLAGGE-STEVENS for design engineering services required for street and drainage improvements along the east side of Fifth Avenue from "L" Street to Naples Street 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.~ 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 to form by J p r of ~ ./~ ~rron, City Attorney Public Works _ 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF uHULA VISTA, CALIFORNIA, this 8th day Of August .... 19 89 , by the following vote, to-wit: AYES: Counc~lmember's Malcolm, Moore, McCandliss, Nader, Cox NAYES: Counc~ 1 members None ABSTAIN: Coundlmembers ~one ABSENT: Counc~ lmembe~s ~one ~y~he Cit; of Chula Vista ,TTEsT ,TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 15246 ,ond thor the some hos not been omended or repealed DATED. (/ City Clerk CC-660 AGREEMENT FOR DESIGN ENGINEERIN~ SERVICES BETWEEN CITY OF .CHULA VISTA AND -/:., .I.... KLAGGE-STEVENS AND ASSOCIATES, INCORPORATED :' ." THIS AGREEMENT is made and entered into this 8~h day of.~'' Au~us~ . 1989, by and between the CITY OF ~HULA VISTA, CALIFORNIA, a public corporation,, hereinafter referred to as "City". and KLAGGE-STEVENS AND - ASSOCIATES, INCORPORATED, a California Corporation- hereinafter referred to as "Consultant," whose address is 9909 Huennekens Street, Suite 110. San Diego, California, ";792121-2928, covers certain professional engineering services ..in connection with City of Chula Vista street improvements 'along Fifth Avenue from L Street to Naples Street. ., . .=~ ..... '. .- ~.' ': - =.. .,;--~ . A. WHEREAS, Fifth AVenue from L. Street· .'to Naples Street· provides access-to several public and_privates. schools for both vehicular and pedestrian";....traffic.~.and' 'the' lack .of standard street ' improvements: such=..: "aS ';' '-'curb, "gutter, sidewalk. driveways., and ~pavement. section.=. create. a hazard ..-;. to vehicular and pedestrian traffic in the area.- .~.:- B. WHEREAS, the City desires to proceed ,'in"a timely manner with the construction of thiS' project and lacks sufficient resources to design the project in a timely manner. C. WHEREAS, the City requires engineering design services. D. 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 obliga=ions of the duties as herein expressed, City and Consultant agree as follows: · 'j. SCODe Of Work :. The general scope of the improvemenU project is to construct standard curb, gutter, sidewalk, driveway approaches, ' and pavement section along the east side of Fifth Avenue from L' Street to Naples Street ~ replace deficient structural sections~ and replacement of inadequate drainage facilities'. Consultant agrees to provide and be responsible for design ;of .... .,.~x' the street improvement to 'be constructed along the east side Avenuejfrom y. Street to Naples Street to conform to City of Chula Vista standards as set forth in the Subdivision Manual and shall include the following tasks: a~t=:~ shallI be responsible for all design ,, surveying which shall include: ~ 1. ~orizontal and ve~icul control. Consultan~: 6~?shall perfore the following se~ices: R&s~r~'~Cit~'~and County of San Diego records' ,~ to establish centerline and right-of-;f~ lines of Fifth Avenue between project limits~ e~sting mo.uments to be used ~for horizontal and vertical controlS' work to establish horizontal ~.and 2': Iraphy.'."' Consul~an~ shall perfo~ ',~+~ su~ey to deterins and map existing topography within proJec~ limits. ~,, cross '~:; consultant shall compile and. pl. roadway cross sections from Tield su~ey. data.~,~,Cross sections shall :he ~ entire , right-o~-way ' and be taken at ~aximum ~':~'.~{9 "interale uf. fifty (50) feet. Cross sections ~'~'.~ - .,. ... ~ shall , be plotted at the following scales= ~-~ .... . ~,-v ~..'- Horizontal 1,,=5,~ Vertical 1,,=1,., , _ ~"4' ~cation of existing well monuments, benchmarks, '~,~ '. ,'~'," and property monuments within and along the '~' ~ public right-of-way. 5. ~o copies of all su~eF notes shall be submitted'''~ '~"' ~o the City. :-,r B. Design of pavement st~c~ural section which may include t ~ ~' :"'~"' 1. Deteminatio~ of R-values and other geotechnical u=..~.,,~ ~ properties of the base and subbase materialsl 2. City shall provide mos~ current traffic data available for ~he stree~ section. ,'Design of street cross section within the limits ~n the subdiv~s~on manual and which includes= Minimum cross slope of 2%~ ~les Street is as follows: Avenue from · L Street' ~O Moss Street' shall be designed for an ultimate width of 40 feet~ =.~ ~ curb to ~ curb~ ~ '~ except ~, at ~ the intersections ~'~ithMoss. Street' and- L Street the widths shall be ~2 feet, ~rb. to curb, and shall transition to 40 feet, curb to underground drainage ~ facility . to' replace the existing drainage channel' along ~he east side of Fifth Avenue from south of Naples Street to Clariss Street and Join the existing drainage . facilities~ along the south side of Naples Street approximately 110 feet east of Fifth Avenue.' shall. also design . 8 sump ~nlet to ], located' on '~Flfth Avenue north of Moss . Street and shall connect ~ to the drainage facilities currently 'under construction. by the A~ny co~s of Engineers.' Design of the above mentioned drainage facilities may (~t~ properties of representative soils such as pH, ~,,' values, resistivity values and density values. 2., Hydrol0~,studies to; datemine ]he volume ' of Consultant shall provide construction su~eying as retired by the construction contractor. In addition the Consultant shall se~ the following well monuments and prepare. and file the retired record~ of su~ey and/or corn&r '~ records for each monument. with the ', county Recorder of San Diego County, California~ ,: centerline of Fifth Avenue, two well monuments'~ ': :are required{ ~Intersecti0nlll~f 'centerline ~centerline of~., Fifth Avenue, =sha11'~coordinate with City surveying For ~i placement = of the~ reqltired well shallr be' available ~during the construction t o~.provide engineering support services which include: ! .retation ~' ~phase, no~ ~ncluding construction inspection~ ~n : ~he :'original des~gn"~ and resolution of any.design conflicts, responsible for the following= ~. ' shall be · based on . "Manual of Traffic Controls, ,, "Worm Traffic:. Control H2ndbook," and standard control plans n the - Sta~e Standard L;Plans,~January~ 1988~ .... , . , . ~P g~,pians; for '~ final design , and tempo~a~ ~' riping In coordination with the tra~f~u control ;~,~,'~ ~ ans for const~ctionl ~:~ ,.. ai~ '~;~-1 "~i ceme~':~ :':~f ~": a"y ~ property monuments benchmarks destroyed during, construction as a ~result of constmction~ ,~ bid documents and construction contracts. ;Ma~erial'j~a"tk~ieS; shall be computed from.': ;~;~ ~?,~' final~.: desig, plans. Engineer's Estimate '~ ' :.,shall ;~ be based on prevailing constmction unit prices for ~he S~n Diego area. b.. Const~ction specifications shall be based on '.,{~ ~tandard Snecifications lot Public WOrk~ +.~ .. ~, 1988 EdiUlon. ~;;]c.'..Bidding and constr~ction contrac~ d'ocuments ~sha11' be based on "boilerplate', documents provided b~ Cj.,~.. ,. , Coordination of design of utility relocati0n' ~/it is necessary. Location of all utilities L shown on final design plans. -,,, . 'shall obtain any permits or permission ..... necessary to enter private property as re~ ?'7~i~:to perform the work. City shall pay any permit ~ fees required., . ..... an :plans~ shal~ he',:sU~itted on, D-sheet', ,.size-mylar .with .the. City ofIChulaVista standard; titl~:,· bloc~ !; at '!= the ;, following scales: , Horizontal. l"-20(~Vertical'-]~l"=l'.',~ Final plans shall also be submitted~on'S 1/4 inch'floppy disks in DXF or IGES~ 'format; compatible with the city'sVERSAcAD.icomputeri Consultant wild'be authorized end directed to 'proceed with the 'completion'of tasks'as provided in Section ,the'Agreement. i,.,consultant,,shall proceed with the work' immediately: upon ,"='authorization and prosecute the diligently to completion. ,'therefrom ,F and G-3 above ;shall be completed within'twenty (20) weeks of act to review by governmental agencies. -'I~=i~.""e~ti";t&d~h~t governmental review for this project will take a total of six (6) weeks. Should the governmental review time extend over this amount, the specified consultant design period shall be extended., mutually understood 'by Consultant and City that all tasks as set forth in Section I shall be completed no later.:-I ~han June 30~ 1990. Licuidated'Damacem;?'!' i~',:'~c~n~i'edged by;both parties that time iS of the essence ~incompletion ,of this contract. It is difficult amount.of damages resulting from delay in · he{'pe,~:iccl:have. used :-their best'_~udgement- to arrive fiet&g'the tasks specified in Section I within. the allotted time period specified in Section 2 shall result following'penalty: For.each consecutive calendar da in'excess~ of~i. the .time specified for the completion of the work,.-the'Consultant'shall pay to the City, or have withhal from monies due the'sumeof $100.00. ~.: ,~ .... T'beY~"the'~Y'~onSultan~s' control,'.! .other than idelays caused by! the City, shall be requested writin :to.the city ,Engineer prior to' the e~piration of :'specifYed time, when granted, will .-time.g--',. Ex~cension~ Of be based upon:.the.effect!of delaysto the work and willnot'be. granted for_delays, to minor portions of work unless it can'be,.~ shown that such'delaysdid or willdelay the progress of the 'perfcrm':the'6engi~eering. and related s~rvices as forth in Section 1 for a not to exceed fee :$7S,400, calculated = in ' accordance . with the fee .'~!'attached.' The above fee .shall include all expenses to complete the tasks'set forthin Section I which may include. but is not limited to~ reproduction and printing~ telephone chargesland automobile mileage. f~CcnS~lten~ will periodically submit invoices to City pursuant,.::.r; 'to the .attached fee schedule and invoice schedule below. Periodic payments shall not excee~ the percentage o= the ':~to exceed fee as listed below. Upon completion of .,f..("ccn~tru~tion of the project, the consultant may invoice for expenses incurred during each phase. Total Compensation for the project shall not exceed the above fee. Description T],~.~.,..,../ of and of notes City; completion drainage Submission~'' and "re~ie~',I~f preliminary design ~lsna to City for first plan check: completion,._ of soils studies., and design plans and ~ bid 'documents; acceptance of design plans by City. construction surveying; well "! monuments shall he se= and recorded. ~e~'i~'~TM ~O-~'6e paid upon completion of project construction. ~'. the ~"even~ contract is not awarded,. City 'shall compensate Consultant~for all work completed up to but not including const~ction su~eying and engineering suppo~ for each fee schedule 'classification pursuant to the fee schedule attached. '~ehtk'~=ST~?~pon presentation7 of invoice and is past due T'Z .... thi~y~ (30)~days from invoice date. City agrees to pay a ~,".. se~ice charge on any" past-due balance of 1.5 percent per month to cover' additional handling and car~ing costs. es fees or other cost incurred In collecting a .. delin~ent account will be paid by City. ,City'further agrees to furnish to the Consultant, In a timely , ,. such maps, records and other documents and ~roceedings, or certified copies thereof, as are available from, City offices and may be reasonably reCiTed by ~ the Consultand In the perromance of these services. , appearance of such conflict. No person having any such conflict 6f interest shall be 'employed or retained by the 4Consultant under this Agreement, The consultant shall also be required to execute the attached statement of disclosure of certain ownership interests.- ~.~fkf~.~hroUghsny'cauSe~the Consultant"shall fail to fulfill in"". a .timely end jproper', manner his ~.!cbligations under this ~Ag=eement, or 'if..the//Consultant shall. violate any of the .;.F<covenants, agreements, or stipulations of the agreement, City. ~..l~I'sha11 have the r{ght ]to terminate this Agreement by giving' 'fz'~Twritten notice to Consultant of such . termination . and '.:~:'specifying the effective date thereof, at least five (5) days ~t'., 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 Consultant.shall, atethe .uption of city, become the property Of City and.Consultant'shall be entitled to receive Just and ec/uitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date i! .~!= of notice of termination, not to exceed the amounts payable ~under Section 3, hereinabove.-. ~:~.~ ,',.: ..... . ~ n t~ Convenience ~tv '~ity]may'terminate'this' Agreement at any time and for any reason by giving written notice to the Consultant of such i.'~..: termination and specifying the. effective date thereof, at'. ~t:. '~ thirty (30) days before the effective date of such lea~'. termination. In that event, all finished and unfinished )cuments and other materials described in Section ~ereinabove, shall, at the option of the City, become City's ~-"sole and exclusive property. If the Agreement is terminatedIf by City as provided in this paragraph, Consultant shall entitled to receive Just and equitable compensation for any satisfactory work completed on such documents and other ~risls to the effective date of such termination, :onsultant hereby expressly w~ives any and all claims for ilCl.~ damages' or compensation arising under this Agreement except as l~' t forth in Section 3, hereinshore, in the event of such ~"~/f termination .. !,-.. , Consultant shall no= assign any tnteres~ ~n the Agreement, and shall no~ ~ransfer any interest in the same (whether by assignment or novation), without prior written consen~ of City/ provided, .. however, that claims for money due or to become due to the Consultant from City under this Agreement .rution without such approval. Notice of such assignment 'or transfer shall be furnished promptl~ ~o City. Any retiring approval may no~ be further assigned ~withou~ City approval. ':~:v/A11 ~repo~s, stu~ies,"' tnfomation, . data, statistics, lores, designs, plans, procedures,systems, and any other material~ pTope~ies produced under this Agreement shall be the sole and exclusive property of the City. No such matertal~ produced"in' whole or in part under this Agreemen~ shall be subject to private use, copyrights, or paten= rlgh~ by the Consultant in the United States or in any country without the express written consent to the City. City shall have unrestricted authority to publish, disclose (as may be ~SC' limite~ by the provisions of the Nblic Records Act), distribute and othe~ise, use copyright or patent in whole or ~G~"in par~, any such reports, studies, data,statistics, fo~s ,~o~her materials or properties produced unde~ this Agreement. Independent Contractor Ci~V is interested only in the results obtatne~, and Consultant shall perfom as an independen= contractor with sole control of th~ manner and means of perfoming the se~icee retired under the Agreemen=. City maintains the only to reject or accept consultant,s final work product as .~-.~ completed. - - Consultant and any of Consultant ' s 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..,i benefits to which City employees are entitled, limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave '.'.'se~ices by/the Consultant. to be .perfoxed under th~s greement .... Such changes, including any increase or ~he amount o= Consultsntis compensa~ion, which are mutually" port . by ' City and Consultant shall be effective as to th~s agreement only when in writing. Co~sultant/ag=ees ~ndemn~fy.and 'save City and its agents and employees hamless from any and all liability, damages or' injuries to any person, including inJu~ Consultan~ s employees and all claims which arise from or are connected ~ith the . negligent perromance of or failure 'parfo~ the~ work or other obligations of this agreement, are caused oT cla~med ~o be caused by the negligen~ acts of Consultanti.'.,. ht~ rigants ,, 'or ,= employees, and all expenses of .. Lnves~igat~on: and ' defending against same~ provided, howeveT this ~indemnifica~lon and hold hamless shall no~ $nclude claim, from the sole negligence or rillfull the City, its agents o~ employees. S ~ · perfoxed by the Consultant under th~s Agreement will · c ~e. conducted in a manner consis~ent wi~h ~ha~ level of care practicing under similaT conditions and in similar Con "a .an= will be 'reporting the findings ac~uall~ obse~ed ons other-th~n those actually obse~ed. ltant 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 Consultant has such coverage under public liability and property damage insurance' policies which th~ con~ult~.nt d~ms adequate. In addition, the Consultant' will provide the following certificates of insurance to the City Prior to beginning work: I"' E~kdence of' statutory Worker's Compensation coverage plus · .t~ $1 million Employers liability coverage. . ~.:Evide~ce? i~:' the ' form' of a ' Certificate of Insurance and :. ~./Policy Endorsement, or General and Automobile -.'.f coverage to $1 million combined single limits which the City of Chula Vista as additional insured. .dence ~ in · rm . of. a: Certificate' of Insurance of the fo Errors and Omissions insurance to $250,000, unless Errors and Omissions coverage is included in General Liability. All ~ s · items listed f ' a. Listing by the state Insurance Com~ lssion as a company authorized to transact the business of insure,co i, th. ststs of california. show ~ by.. convincing evidence that its financial responslbillt~ is e~al to or better than the rating In the event that a dispute should arise relating to the perfo~snce of the se~ices to be provided under this Agreement, payment shall be as later dotemined by aN fixed In a court of law. Should that dispute result litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the ;:defense of the claim, including court costs and attorney's - fees ..... '.. , Incorporated have:,tx~cuted on , .. ;.. . 'i'~? ' I her~y fore .(.". , ,.' "'.~",7'U:~'~:., ~'z...~. -. -' :."' ~' . . -... '.... :., ,.,",~ . ~ - · _ .-. ..-= . . ..' . ~.." .,. .. ..... :.~:=:'..- .. , ..: ' .: ..... ~ .."'~.'/.:'[.:,: . ~i~ '. ";' .' ';.. . ~ - v: ~; ' ..~..-, ... ... . ~... :~'. . ... . .... '.. ~ ',...~ ~ . '~"~ . ,. . ....:.,.. . . . d~,~.,:'=~( .~' ,. .'... ~.'~ _ ...',~-~ .*,-,.. -'.>. . -...~;.,k...,~!,'.U,f:~,:~;~.' - ~. . .., =,...f . . , .-,~ ~".~';...'~, .,~';,~Zl· CITY OF CHULA VISTA - ,. DISCLOSURE STATEMENT on all contracts wlmich will re~ire discretion ~ Be ct supplier, ,?..: e'.:' "~' m~l~i~fl ~ pu:muan~ to (1) abova im a ,,~ evnl~ mo~$ than 101 o~ thin wha:~m :' in ' ~ha ' pa~nersht ~' > "~ ""' ', :X?;. 6"".-":;'%~'~:}.,. ~v~ any pa~mon idmn~i~ie~ pu:auan~ ~ (1) abova im non-p~o~l~ o~anima~ion · o~ a ~ ~l~, li!~ ~hm namei ~ any padion ie~in~ am ~i~ec~o: o~ ~hm non-p:o~i~ o:~animation t~mtm~ o~ bene~icta~ o~ ~o: o~ the : };E~,,~ you had mor~ ~han ~290 vo:~h o~ buminmmm ~anmac~m~ ,~ith any m~mb~: o~ ~hm ei~y m~a~, Bom:dm, eommi~oeu ~nd Council vi~hin ~ho pam~ ~v~lv~ osure Statement ' (con't.) · ;' a's, :' "Any individual, fin, co-paz~cnershtp/:'+J. .Joint venture, 'aesociatlon~ social club~ fraternal organization,':'.' { ~, esta~e{ tm8~, receiver, syndicate, this and any other county; c~ty and county, ,~city, municipality, district .' or =~other.'political:..subdivision, or any o~hergroup or Con=factor/Date Print or T~e Name of contr~ (L~COh...d~S~BOI~R)