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HomeMy WebLinkAboutReso 1988-13765 RESOLUTION NO. 13765 --- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BIGGS ENGINEERING CORPORATION FOR PREPARATION OF AERIAL TOPO MAPS AND SURVEYING SERVICES FOR WIDENING MAIN STREET FROM INTERSTATE 5 TO INDUSTRIAL BOULEVARD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Counci 1 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 BIGGS ENGINEERING CORPORATION for preparation of aerial tapa maps and surveying services for widening Main Street from Interstate 5 to Industrial Boulevard dated the 6th day of September , 1988, 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 0374a 13 --- ----- ----.---------------------- - ADOPTED AND APPROVED BY THE CITY COUNCIL Of THE CITY Of HUL~. VISTA, CALIfORNIA, this 6th day of September ) ~, by the following vote, to-wit: YES: Councilmembers McCandliss, Nader, Malcolm, Cox, Moore AYES: Counei 1 members None BSTAIN: Counei lmembers None BSENT: Coune i 1 members None ~ ~~ c}Chub Vista nEST ~~~ ¿::7 City Cler "ATt:. Jf CALIFORNIA ) )UNTY OF SAN DIEGO } ss. ry Of CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, ) HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 13765 ,and that the same has not been amended or repealed TED City Clerk -660 / -;J"ci / . --' i ? _.. ------.- co . . AGREEMENT FOR SURVEYING SERVICES BETWEEN CITY OF CHULA VISTA AND BIGGS ENGINEERING CORPORATION THIS AGREEMENT is made and entered into this 6th day of September, 1988, by and between the CITY OF CHULA VISTA, CALIFORNIA, a public corporation, hereinafter referred to as "City", and BIGGS ENGINEERING CORPORATION, a California corporation, whose address is 2245 San Diego Avenue, Suite 121, San Diego, California 92110, hereinafter referred to as "Consultant", covers certain professional engineering services in connection with City of Chula vista street improvements along Main Street from Interstate 5 Freeway to Industrial Blvd. RECITAL A. WHEREAS, the City is in the process of preparing construction plans for the widening of Main Street from Interstate 5 to Industrial Boulevard. B. WHEREAS, in order for the City to design the project and prepare construction plans, surveying and topography information is required. 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: SECTION 1 1. Scope of Service Consultant agrees to provide and be responsible for completion of the following tasks and shall provide three copies of the final report to the city: a. Record of Survey Map The existing right-of-way of Main street from Interstate 5 to approximately 200 feet east of Industrial Boulevard shall,be determined and shown on a Record of Survey Map filed and approved by the County of San Diego. .----.,-,- _. - 2 - Subdivision map number 9993 and state right-of-way maps for the area shall be used to establish horizontal control. The Record of Survey shall include ties to the state right-of-way in this area. A horizontal tie between the monuments adjacent to the road shall be shown on the record of survey. All points shown on the map shall be tied to the California Coordinate System. The consultant shall set that monumentation which would allow for the re-tracement of this survey, and that monumentation which might be required to reconstruct or rehabilitate any found monument. b. Cross Sections CroSs sections of Main Street from 200 feet east of Industrial Boulevard to Interstate 5 shall be taken at 50 foot intervals. Cross sections shall extend from the centerline of Main Street to 100 feet north and to the existing curb on the south side of the street. Cross sections and existing alignment of the Main street/Interstate 5 on-ramp shall also be provided. city to be provided with copies of field notes and cross sections at a scale compatible with future street design needs. Cross sections shall also include spot elevations on all slabs, bottom of walls, top of walls, curbs, inlets, pipe flowlines, gutters, sidewalks, driveways at, on or along existing street rights-of-way to within one-one hundredth (1/100) of a foot. c. Topo Map i. The tapa map shall be based on the following Bench Marks: Chula vista Bench Mark #350, elevation 51. 564 ft. MSL, a brass pin located in the sidewalk on the south side of the west end of the Palomar Street bridge at the intersection of Interstate 5 and Palomar Street and Bench Mark #1515 (USC&GS U-0057) , elevation 43.025 ft. MSL, a railroad spike located on the east side at the north end of the abutment of the steel railroad trestle crossing Main Street. A differential level circuit shall be made to verify vertical elevations. '----~-'- -- - 3 - ii. All existing topo items shall be shown on the map including street and drainage improvements, existing structures adjacent to Main Street, and the existing MTDB trolley trestle. Hi. Elevation of all slabs, bottoms of walls, top of walls, etc. not within the cross section limits. street shall be within 1/10th of a foot. iv. Right of way information from the Record of Survey shall be shown on all topo maps with horizontal ties between existing monuments. v. Topo maps shall be prepared at a 1:20 scale with one (1) foot contour intervals and submitted on D- sheet size mylars (profile grid on top half) with the city of Chula vista standard title block. On the mylars the topo shall extend approximately 100 feet north and south of the centerline of Main Street. A mylar sheet showing the topo for the entire proj ect shall be prepared and provided in addition to the individual. "0" Sheets. This topo shall extend 200' north and south of the centerline of Main street. The City will provide a blank mylar with the city of Chula vista standard title block upon request. The city will provide a magnetic 5-1/4 inch floppy disk with the standard title block and profile. vi. Consultant shall provide digitized record of survey map and topographic map on magnectic 5-1/4 inch floppy disc in D X F format compatible with Versa Cad. d. Accuracy and Verification of Topo Map. The accuracy of the maps shall be in accordance with National Map Standards applicable to the basic ground control and the map compilation scale. The plotted position of each plane coordinate grid line (California Coordinate System) shall not vary by more than one one- hundredth (1/100) of an inch from the true grid value on each map manuscript. Each horizontal control point shall be plotted on the map manuscript within the coordinate grid in which it should lie to an accuracy of one one-hundredth (1/100) of an inch of its true position as expressed by the plan coordinates computed for the point. Ninety (90) percent of the elevations .,------ - -- - 4 - determined from the solid-line contours of the topographic maps shall have an accuracy with respect to true elevation of one-half (1/2) contour interval or better and the remaining ten (10) percent of the elevations shall not be in error by more than one contour interval. Verification that these standards have been met shall be undertaken by surveying various control points to ensure that the contours are accurate. SECTION 2 Authorization. Proqress and Com9letion Upon execution of this agreement by both parties hereto, Consultant is authorized and directed to proceed with the preparation and completion of investigation, laboratory and engineering analysis and reports as provided in Section 1 of the Agreement. Consultant shall proceed with the work immediately and prosecute the work diligently to completion. The above tasks shall be completed within ten (10) weeks of authorization. It is mutually understood by Consultant and City that final reports will be completed by the estimated time listed above subject to timely review by the affected governmental agencies. SECTION 3 Compensation The Consultant shall perform the engineering and related services as set forth in section 1 for a lump sum fee not to exceed $10,300.00 calculated in accordance with the fee schedule attached. Consultant will periodically submit invoices to City. 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 and delinquent account will be paid by City. I 5 ._--- -~ - 5 - SECTION 4 Services bv city City further agrees to furnish to the Consultant, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available and may be reas~nablY required by the Engineer in the performance of these serv~ces. SECTION 5 Conflict of Interest The Consultant presently has and shall acquire no interest whatsoever in (project limits), 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 Consultant under this Agreement. SECTION 6 Termination of Agreement for Cause If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of the agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant 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 Consultant shall, at the option of City, become the property of city and Consultant 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 section 3, hereinabove. SECTION 7 Termination for Convenience of city City may terminate this Agreement at any time and for any reason by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least thirty (30) J ---_.- - -"--- - 6 - days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described in section 6, hereinabove, shall, at the option of the City, become City's sale and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant 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. 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 termination. SECTION 8 Assiqnabilitv Consultant 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 citYiprovided, however, that claims for money due or to become due to the Consultant 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. SECTION 9 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 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 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. ..----- _. --- - 7 - section 10 Independent Contractor . City is interested only in the results obtained, and Consultant shall perform as an independent contractor with sale control of the manner and means of performing the services required under the Agreement. city maintains the right only to reject or accept Consultant's final work product as is completed. Consultant and any employees thereof, 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. SECTION 11 Chanqes city may from time to time require changes in the scope of the services by the Consultant to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Consultant's compensation, which are mutually agreed upon by City and Consultant shall be effective as amendments to this agreement only when in writing. SECTION 12 Indemnity Consultant agrees to indemnify and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Consultant'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 of consultant, 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. - 8 - Section 13 standard of Care Service performed by the Consultant under this Agreement will be conducted in a manner consistent with that level of care and skill ordinary exercised by members of the profession currently practicing under similar conditions and in similar locations. Consultant will be reporting the findings actually observed and will not render a professional opinion concerning site conditions other than those actually observed. SECTION 14 Insurance Consultant represents and warrants that it and its agents, staff and other firms 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 the Consultant deems adequate. In addition, the Consultant will provide the following certificates of insurance to the City: Evidence of statutory Worker's compensation coverage plus $1 million Employers liability coverage. Evidence in the form of a certificate of Insurance and Policy Endorsement, or General and Automobile Liability coverage to $1 million combined single limits which names the City of Chula Vista as additional insured. Evidence in the form of a certificate of Insurance of Errors and omissions insurance to $250,000, unless Errors and Omissions coverage is included in General Liability. All insurance carriers shall comply with the items listed below: 1. Listing by the State Insurance Commission as a company authorized to transact the business of insurance in the State of California. 2. A Best's Rating of "A", Class V, or better. 3. 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.2. / -~- ~- - -~~-_.- - 9 - SECTION 16 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 Consultant 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. IN WITNESS WHEREOF, city and Biggs Engineering Corporation have executed this Agreement on this ø a day of.f(LJtMh,n 1988. " I ~ereb¥ approve th~~d legality of the foregoing Agreement thlS /1 day of !j£f, 1988 I IJ ~~/ 'lit ./ , /ZI.!lr¥/I--, ~/l/I¡I~/ í. CIT¥~TTORNEY \/ / / (B : MAINS/RV': DOC) /3'}iP? -. - -~ ::::- . ~. ..:-. . - -~i ~ =- -- 0..: ~-- BIGGS ENGINEERING CORPORATION I I FEE SCHEDULE & PRINTING COSTS PROFESSIONAL SERVICES Hourly Rate Principal Engineer $75.00 Senior Engineer $65.00 Design Engineer $52.00 Land Surveyor $62.00 TECHNICAL SERVICES Hourly Rate Design Drafter $44.00 Project Coordinator $37.00 Oraf1er $37.00 Clerical Work $t7.00 Computer Use (for either computations, graphics or plotting) Operator is extra $56 . 00 LAND SURVEYING Hourly Rate Survey Researcher $65.00 3-man Survey Crew $133.00 2-man Survey Crew $104.00 PRINTING Cost Each '0' Sized Prints (24" x 36") $2.50 Vellum Xerographic Transparencies $21.85 Letter Sized Copies $0.28 Legal Sized Copies $0.38 Mailing Label Sheets $3.20 Reimburslble Mileage $O.23/mi!e FORENSIC SERVICES All rates are doubled, minimum of four (4) hours per appearance. I OUTSIDE SERVICES, MATERIALS & SUPPLIES. I Any required outside services, materials, or supplies will be ob- talned as needed to satisfy the requirements of the project, and will be billed through to the Client at cost plus 15 percent han- dling charge. Fees for other professional services will have prior approval by the client. CIVIL I:NClNE:E.RS . PLí\r.W.JIN(; CON~;LJLTAN.; S 5LJR'F:YOF'S I ? '7 (þ'::) ~..'~'45 SÞN DIEGO AVECNUE ~;LJrTF 121 " Sí.N nIEGD. C/\, 92110' !619] 29E3-5641 ~- - --.