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HomeMy WebLinkAboutReso 1976-8383Rev. 3j 74 RESOLUTION NO. 8383 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BEMENT-DAINWOOD-STURGEON FOR THE PREPARATION OF PLANS FOR GROUP DRAINAGE PROJECT NO. 2, APPROPRIATING FUNDS THEREFOR, 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 Bement-Dainwood-Sturgeon, a Civil Engineering firm, dated the 27th day of October 19 76 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 sum of $9,000 be and the same is hereby appropriated from the unappropriated balance of the General Fund for the above purposes. BE I:T 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 q~ty William J. Robens, Director of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this Z7thd.ay the following vote, to-wit: Approved ads rm~by ~~ // George D. Lindberg, City Attorney the CITY COUNCIL of the CITY OF CHULA of October . 19 76 by AYES: Councilmen Hobel Hyde Cox Egdahl NAYES: Councilmen None. __ ABSENT: Councilmen Mavor Hamilton Playor/ of the City f Chin `Pro Tempore AT'TEST~,~Q (~, r~,~c~~~ ~eputy City Cleric STA~OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF CfFULA VISl'A) of Chula true and not been I~ , City Clerk Vista, California, DO HEREBY CERTIFY that the above correct copy of Resolution No. and that the amended er repealed. DATED of the C~r_y is a ru11, same has Cler AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BEMENT-DAINWOOD-STURGEON FOR THE PREPARATION OF PLANS FOR GROUP DRAINAGE PROJECT NO. 2 THIS AGREEMENT, made and entered into this 27th day of October, 1976, by and between the City of Chula Vista, a municipal corporation, hereinafter called "City" and Bement-Dainwood-Sturgeon, hereinafter called "Engineer of Work", a Civil Engineering firm having their office and principal place of business at 6150 Mission Gorge Road, Suite 128, San Diego, California. W I T N E S S E T H WHEREAS, the City of Chula Vista is making application for Public Works Employment Act Grant and WHEREAS, the City desires that plans and specifications for three certain drainage facilities be prepared and inspection services provided and WHEREAS, the Director of Public Works of the City of Chula Vista, hereinafter referred to as "Director" has recommended that the City employ said Engineer of Work to perform the duties of Engineer of Work as specifi- ed in this Agreement, and NOW, THEREFORE, it is mutually understood and agreed by and between City and Engineer of Work as follows: I. EMPLOYMENT OF ENGINEER OF WORK: That Engineer of Work is hereby employed by City as Engineer of Work to perform all of the professional services hereinafter defined and described in connection with the Project, and that said Engineer of Work shall be paid by the City for his services the compensation hereinafter set forth, and said Engineer of Work does hereby agree to do and perform said services hereinafter defined and set forth for the compensation hereinafter fixed. II. DUTY OF ENGINEER OF WORK: The Engineer of Work shall, in a good, workmanlike and pro- fessional manner and at his own cost and expense, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, trans- portation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by City, necessary or proper to perform and complete the work and provide the services required by the Engineer of Work by this Agreement. A brief description of the work by sub-projects is as follows: A. General Roca Park and "C" Street Storm Drain - This project involves the construction of approximately 1235 lineal feet of 3' x 8' and 4' x 11' open rectangular channel on easterly and northerly sides of General Roca Park. Channel to be fenced. B. Halecrest Drive Storm Drain, Douglas to Telegraph Canyon Road - This project will extend the existing storm drain project in Halecrest Subdivision. Construction involves installation of approxi- mately 635 lineal feet of culvert ranging in size from 27" to 42", one inlet and one cleanout. C. Claire Avenue Storm Drain, "H" Street to "I" Street - This project involves the construction/installation of approximately 1400 lineal feet of 21" to 33" culvert, one inlet and three cleanouts. III. WORK REQUIRED OF THE ENGINEER OF WORK: Engineer of Work agrees to do and perform the work as follows: A. Preliminary Phase: 1. Confer with City to review the desires and requirements of both the Staff and the City Council; review available materials assembled by the City; confer with various agencies and utility companies affected. B. Grant Application Phase: 1. In the program application the Engineer of Vdork shall be responsible for completing Exhibit II-B-lb, the A/E report and pertinent sections of Parts III and IV. C. Plans and Specifications Preparation Phase: 1. Upon approval by the City, a plan and profile for each sub-project shall be prepared in ink on mylar at a scale of one inch equals 40 feet horizontally and one inch equals 4 feet vertically. Each shall be prepared on Chula Vista "D" sheets and shall show the following: a. Centerline alignment and grades for sewer and utilities (both existing and any proposed realignment), and existing drainage facilities. b. Flowline grade for drainage channel and/or facilities both upstream and downstream. c. Typical sections for drainage facilities proposed. Typical sections shall detail channel lining and/or other permanent features of construction. d. Drainage structures and transitions. e. Right of way lines as provided by the City and/or as determined by the Engineer of Work. Such lines are intended to be adequate for right of way acquisition purposes. -2- 2. The Engineer of Work shall be responsible for the preparation of necessary specification and bid documents for the final project. Specifications and bid documents to meet EDA Standards. This work to be performed only after notification to proceed is given by the City. D. Compliance with Exhibit II-2B-lb: The Engineer of Work shall be responsible for all of the items enumerated in Exhibit II-2B-lb on the application for the Public Works Grant. Included in those items are the following: 1. Provide surveillance of project construction to assure com- pliance with plans, specifications and all other contract documents. Requirements for construction inspection services should be clearly defined and a limit be placed on the amount City is required to pay for such services. (See Section VII of the Agreement.) 2. Supervise any required subsurface explorations to determine amounts of rock excavation or foundation conditions such as boring, soil tests, and the like, no matter whether they are performed by the Engineer of Work or by others paid by the Engineer of Work. 3. Prepare and submit proposed contract change orders when applicable. There shall be no charge to City when the change order is required to correct errors or omissions by Engineer of Work. 4. Submit a monthly report to City and a copy of the report to the applicable EDA Regional Office covering the general progress of the job and describing any problems or factors contributing to delay. 5. Review and approve the contract schedule and amount for contract payment. 6. Certify partial payments to contractors. 7. Prepare "as-built" drawings after completion of the project. One copy shall be furnished to the EDA Regional Office within 60 days after all construction has been completed and the final inspection has been performed. 8. Review and approve contract submission of samples and shop drawings where applicable. 9. Perform a pre-final inspection of the completed construction and, as a result, prepare a punch list of items to be corrected (if applicable). 10. Perform a final acceptance inspection and advise City whether or not to accept the work as performed by the contractor and his/her subcontractors. -3- E. Estimate Preparation Phase: Prepare individual estimates of cost for sub-projects depicted upon the plan. Make necessary assumptions regarding earthwork quantities, structural street sections and other factors not precisely determined. IV. TIME FOR COMPLETION OF WORK: The Engineer of Work shall complete the plans, specifications and estimates within 60 calendar days from date of execution of Agreement. V. DIRECTOR TO REPRESENT CITY: The Director or his designated representatives shall represent the City in all matters pertaining to services rendered pursuant to this Agreement and shall administer this Agreement on behalf of the City. VI. OWNERSHIP OF DATA, REPORTS AND DOCUMENTS: The Engineer of Work shall deliver to the Director, as the work is completed, all notes of field surveys made, all reports of tests made, studies, reports, plans, drawings, and all other materials and documents received by or prepared by the Engineer of Work in the performance of this Agreement; all such notes, reports, studies, plans, drawings, and other materials and documents shall be the property of the City. VII. WORK TO BE PERFORMED BY CITY: On its part, the City agrees to provide the following at no cost to the Engineer of Work: A. All preliminary field survey work and monumentation of ground controls. B. Available hydrology and runoff information specifically including the 1964 drainage study by Lawrence, Fogg, Florer and Smith. C. Sketches, "T" sheets, as available. D. Plan and profile of existing sewers. E. All pertinent record data available in City files. F. All work already assembled for completion of the application. G. Furnish materials and do all printing of plans and bid documents. VIII. ENGINEER OF WORK'S FEE: The City does hereby agree to pay the Engineer of Work on an hourly basis in accordance with the attached wage schedule. The Engineer of Work does hereby agree to perform all work delegated to him by this document at the below not to exceed costs: -4- 1. Grant Application Phase: In compliance with III-B. Not to exceed $ 250.00 2. Plans and Specifications Preparation Phase: In compliance with III-C and III-E. Not to exceed 9,000.00 3. Construction Phase: a. Construction surveying, provide Contractor with construction stakes for line and grade. Not to exceed 3,000.00 b. Construction inspection. Not to exceed 6,000.00 c. Contract Administration and Reports. Compliance with all other requirements of III-D of this contract and Engineer of Work's obligations as outlined in program application. Not to exceed 3,000.00 4. Engage a City approved materials laboratory to perform concrete strength and maximum density soil tests. Approximately 3 cylinders for break tests will be required at intervals of 100 feet in rectangular concrete channel or a total of 36 cylinders. 36 x 12.00 = $ 432. Approximately 50 tests for maximum density of compacted structure and culvert backfill and 4 moisture-density curves will be required. 50 compaction tests @ $20.50 $1025. 4 moisture-density curves @ $65.00 $ 260. Total Cost of Testing 1,717.00 Engineer of Work will pay laboratory for work and backcharge City at cost. Laboratory's invoice will accompany billing. Payment: City agrees to make monthly progress payments, upon receipt of statement, to Engineer of Y7ork as work is done on items 1 and 2 above, up to a maximum of 75~ the not to exceed costs of these items. The amount withheld shall be paid in full upon award of contract or abandonment of project. City agrees to make monthly progress payments to Engineer of Work upon receipt of statement as work is done during the construction phase (item 3 above) up to a maximum of 75% of the not to exceed costs of this item. The amount withheld will be paid in full upon acceptance of the construction work and completion of reports. City agrees to pay invoice amounts of item 4 above (laboratory testing) upon receipt of statement. -5- IX. DEFAULT OF ENGINEER OF WORK: This Agreement may be terminated for default if the Engineer of Work breaches this Agreement or if the Engineer of Work refuses or fails to prosecute the work under this Agreement or any phase of the work, with such diligence as will assure its completion within the time fixed for completion. Termination of this Agreement because of a default of the Engineer of Work shall not relieve the Engineer of Work from liability for such default. X. PAYMENT UPON DEFAULT OF ENGINEER OF WORK: In the case of termination of this Agreement for default of the Engineer of Work, the Engineer of Vdork shall be entitled to payment of the reasonable value of the work and services he performed after execution of this Agreement and prior to its termination, less the aggregate of all sums previously paid to the Engineer of Work for work and services performed under the Agreement and less any increase or additional costs of expenses incurred by and any damages suffered by the City by reason of such default. XI. CITY'S RIGHT TO TERP4INATE; PAYMENT: A. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. B. In the event of termination of this Agreement by the City in the absence of default of the Engineer of Work, the City shall pay the Engineer of Work the reasonable value of the services actually performed by the Engineer of Work up to the date of such termination, less. the aggregate of all sums previously paid to the Engineer of Work for services performed after execution of this Agreement and prior to its termination. C. The Engineer of Work hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth in this section, in the event of such termination. XII. TERMINATION: DELIVERY OF DOCUMENTS: In the event of termination of this Agreement, and upon demand of the Director, the Engineer of Work shall deliver to the Director all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Engineer of Work in the performance of this Agreement, and all such documents and materials shall be the property of the City; provided, however, that the Engineer of Work may retain copies for his own use. XIII. b10DIFICATI0N5 OF AGREEidENT: This Agreement may be amended by reason of changes in the scope of the Project as described herein and the amount of any adjustment (increase or decrease) shall be determined by negotiations to the mutual satisfaction of the Director and the Engineer of Work and approved by the City Council. -6- XIV. INDEMNITY: The City, its agents, officers and employees, shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects o£ any person whatsoever, nor for personal injuries to or deaths of them or any o£ them, whether caused by or resulting from any acts or omission o£ the Engineer of Work, or his agents, employees or representatives, not including liability by reason of acts or omission caused by the City, its agents or employees, the Engineer of Work further agrees to idemnify and save free and harmless the City and its authorized agents, officers and employees against any of the foregoing liabilities and any cost and expenses incurred by the City on account of any claim therefor, including claims by reason of alleged defects in the plans and specifications; and in the event that a court of competent jurisdiction should determine that the City has no authority to provide by agreement for the performance of the hereinabove set forth professional services, or any of them, the Engineer of Work nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that the Engineer agrees to indemnify and to save the City harmless from all claims arising by reason of the work done by the Engineer of Work. XV. LIMITATION OF LIABILITY: Any and all liability, claim for damages, cost of defense, or expenses to be levied against Engineer of Work will be limited to a sum not to exceed FIFTY THOUSAND DOLLARS AND NO/CENTS ($50,000.00) or the amount of its fee, whichever is greater, on account of any injury or damage to persons or property or arising out of any design defect, error, omission, or pro- fessional negligence. Further, the City agrees to notify any contractor or subcontractor who may perform work in connection with or making use of any design, report or study prepared by Engineer of Work of such limitation o£ liability and require as a condition precedent to it performing the work a like limitation of liability on their part as against the Engineer of Work. In the event the City fails to obtain a like limitation of liability of the Engineer of Work and/or the City to such contractor or subcontractor arising out of alleged injury or damage to persons or property, design defects, errors, omissions, or professional negligence shall be allocated between the City and the Engineer of Work in such a manner that the aggregate liability of the Engineer of Work shall not exceed FIFTY THOUSAND DOLLARS AND NO/CENTS ($50,000.00) or the amount of its fee, whichever is greater. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove set forth. THE (CI,,TY~1OF~ CnHULA~VIrS~T~A~ I Mayor/of the City of C la ` P Tempo/r~e // ATTEST ~('2<.QC,r. ~X/i~c ENGINEER OF WORK Bement-Dainwood-Stur eon, Civil Engineers Appro~d ss f m by City Attorney -7- EEMENT - DAINWOOD -STURGEON CIVIL EN GIN EEftS 6150 MISSION GORGE ROAD SUITE 728 SAN DIEGO, CALIF. 92720 (774) 280-4842 FEE SCHEDULE Effective January 1, 1976 Professional Personnel: Project Engineer $30.00/hr. Associate Engineer 25.00/hr. Technical Services: Design Draftsman & Engineering Technician $18.00/hr. Soil Technician 18.00/hr. Soil Technician w/Mobile Laboratory 20.00/hr. Inspector (Engineering Projects) 20.00/hr. Computer Technician 25.00/hr. Secretarial-Clerical •12.00/hr. Land Surveying: 3 Man Survey Party $68.00/hr. 2 Man Survey Party 48.00/hr. 1 Man Survey Party 27.50/hr. 2 Man Survey Party w/Distance Measuring Equip. 68.00 Laboratory Tests: Moisture/Density Curve $70.00/ea. Moisture Determination 5.00/ea. Outside Services & Materials Cost plus 150 Other tests and services quoted upon request.