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HomeMy WebLinkAboutCC RESO 15,769RESOLUTION NO. 15,769 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN B.S.I. CONSULTANTS, INC. AND THE CITY OF NATIONAL CITY FOR THE PREPARATION OF THE CITY'S MASTER FLOOD CONTROL DRAINAGE PLAN (C.I.P. PROJECT NO. 1001) BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between B.S.I. Consultants, Inc. and the City of National City, (attached hereto as Exhibit "A"), for the preparation of the City's Master Flood Control Drainage Plan. PASSED and ADOPTED this 18th day of October, 1988. EOG iM H. WATERS, MAYOR ATTEST: IOPQE CAMPBELL, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY AGREEMENT BY AND EMBER THE CITY Cr NATEDMAL CITY AND B.S.I. Consultants, Inc. THIS AGREEMENT is entered into this day of 19 , by and between the CITY OF NATIONAL CITY, a public body (the "CITY"), and B.S.I. Consultants, Inc. (the "OJI!ISULTANT")• RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish Engineering Services for the preparation of the City's Master Flood Control Drainage Plan and WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, ZEE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: I. EMPLOYMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees toperform the services hereinafter set forth, in accordance with all terms and conditions contained herein. The CONSULTANT represents that all professional services required hereunder will be performed directly by the CONSULTANT, or under direct supervision of the CONSULTANT. II. SCOPE OF SERVICES THE CONSULTANT will perform services as set forth in the attached Exhibit "A" (Scope of Work). Work to be done by others is set forth in the attached Exhibit "B". Consultant services requiring ng court appearances are not considered a part of the normal work subject to compensation and payment listed in Section IV. Rev. 9/6/88 -1- The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by CITY. The CONSULTANT shall appear at meetings cited in FXhibit "A" to keep staff, Planning Carmission and City CYavncil advised of the progress on the project. III. PROJECT COORDINATION AND SUPERVISION. The City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director, to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Gary J. Hobson hereby is designated as the Project Director for the CONSULTANT. IV. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in F,Schibit "A" shall be paid for at the rates given in Exhibit "D" with the total cost not to exceed $49,728.00 without prior written authorization fran the City Engineer. Monthly invoices will be pressed for payment and remitted within thirty (30) days fran receipt of invoice, provided that work is accomplished consistent with the Exhibit "A" (Scope of Work) as determined by the CITY. V. LENGTH OF CONTRACT. Completion dates or time durations for specific portions of the project are set forth in Exhibit "C". The contract between the CONSULTANT and the CITY will be terminated upon completion of the work as set forth in Exhibit "A". Rev. 9/6/88 -2- VI. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUNhNTS. CONSULTANT agrees that all original drawings, reports, field and office notes, calculations, maps and other documents, shall be turned over to the CITY prior to the completion of the PROTECT. VII. INDEPENDENT CONSULTANT: Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. CONSULTANT is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of CONSULTANT and CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by CONSULTANT without the prior written consent of the CITY ENGINEER. Nothing herein contained is intended to prevent CONSULTANT from employing or hiring as many employees as the CONSULTANT nay deem necessary for the proper and efficient performance of this Agreement. VIII. CONTROL Neither CITY nor officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employee's except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to CITY wholly independent CONSULTANTS and that the CONSULTANT'S obligations to CITY are solely such as are prescribed by this Agreement. Rev. 9/6/88 -3- IX. COMPLIANCE WITH APPLICABLE LAW: CONSULTANT, in the performance of the services to be provided herein, shall Damply with all statutes, State or Federal, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. X. STANDARD PROVISIONS. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to insure that applicants are employed without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. The CITY may terminate this Agreement at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. The CONSULTANT may terminate this Agreement, with the mutual consent of the CITY, at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT shall be paid for all effort and material expended on behalf of the CITY under the terms of this Agreement, up to the effective date of termination. In the event of litigation over the performance of this Agreement, the prevailing party shall be entitled to attorney's fees and costs incurred during the course of litigation. Rev. 9/6/88 -4- XI. INDEMNIFICATION, DEFENSE, IDID HARMLESS. CONSULTANT hereby agrees to defend, indemnify and hold harmless CITY, its officers, agents and employees, fran and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with CONSULTANT'S performance of this agreement (including, but not limited to such liability, cost, damage, loss, claim, or expense arising fran the death or injury to an agent or employee of CONSULTANT, subcontractor, or of CITY; or damage to the property of CONSULTANT, subcontractor, or of CITY, or of any agent or employee of CONSULTANT, subcontractor, or of CITY), except where such liability, damages, costs, losses, claims or expense are caused solely by the negligent or wrongful acts of CITY or any of its agents or employees including negligent omission or oarmissions of CITY, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. XII. WORKER'S NNiPENSATION Consultant shall comply with all of the provisions of the Workers' Canpensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY fran and against all claims demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this ayt. Rev. 9/6/88 -5- XIII. INSURANCE In addition to the Worker's Canpensation insurance and CONSULTANT'S ayLexiuei t to indemnify fy CITY, CDNSULTANT shall furnish to CITY and maintain in force until the completion of PROJECT a policy of general liahility insurance in which CITY is named as an additional insured. The policy shall indemnify CITY, its officers and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with PROJECT. The policy shall provide coverage in not less than the following amounts: Canbined single limit bodily injury and/or property damage of $300,000 per occurrence. Such insurance coverage which may be applicable to the loss shall be deemed excess coverage and CONSULTANTS insurance shall be primary. CONSULTANT shall also furnish to CITY and maintain in force until the completion of PROJECT a policy of Errors and Omissions Insurance for $100,000. A certificate of all such insurance policies required by this agreement shall be delivered to the Engineering Department prior to the commencement of any work. No such insurance shall be cancelled or modified without thirty (30) days' prior written notice to CITY. XIV. OTHER CONSIDERATION. Nothing contained herein shall prevent CONSULTANT from carrying on its usual business, including the performance of other additional services for the CITY, should the CITY desire additional services, nor from performing similar services for other agencies, cities, districts or public or private entities. XV. CONTENT. This Agreement sets forth the entire understanding of the parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. Rev. 9/6/88 -6- XVI. NOTICES. All communication to either party by the other party shall be deemed made when received by such party at its respective name and address, as follows: City Engineer B.S.I. Consultants, Inc. City of National City Consultant Name 1243 National City Boulevard 16880 West Bernardo Drive National City, Ca 92050 Address San Diego, CA 92127 IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Agreement as of the date first written above. CITY OF NATIONAL CITY BY: ,,,1eer..��. /j- c� MAYOR GEORGE WATERS ATTEST: BY: -- f C IONE CAMPBELL, CITY CLERK APPROVED AS��T//O�� FO eorge H. Eiser, III City Attorney Rev. 9/6/88 -7- OONSULTANTS NAME BY: EXHIBIT "A" SCOPE OF WORK The Scope of Work consists of the profesional services required to evaluate the hydrologic and hydraulic characteristics within National City and the preparations of a Master Flood Control Drainage Plan and the preparation of the required information for updating the F.E.M.A. Flood Insurance Rate Map. The tasks listed below are separated into the tasks required for the completion of items 1 and 2 as noted in the Request for Approval. !ASTER FLOOD CONTROL DRAINAGE PLAN Task t1 - Data Collection In order to prepare a thorough and ultimately effective Master Flood Control Drainage Plan a variety of information must be assembled and reviewed. BSI CONSULTANTS, INC. will review all planning and design reports which may effect the formulation of the Master Plan. In addition to reviewing the applicable reports, we propose to utilize the most recent orthophoto aerial maps and the improvement plans for the facilities to be included in the study as supplied by the City. Task *2 - Data/Field Review Utilizing the information obtained during Task #1 the facilities to be included in the Master Plan will be visually inspected. This inspection will confirm the facilities location and current condition. By performing this field review any discrepancies between the designated and constructed facilities will be identified and taken into consideration during the preparation of the Master Plan. Task *3 - Hydroloav A thorough review of all available hydrologic analyses will be performed and incorporated into the Master Plan where appropriate. A hydrologic analysis will be performed as required to support the facilities included in the Master Plan based on the one in the one hundred year storm event and in conformance with the San Diego Flood Control District Manual. Soils information will be obtained from the Soil Conservation Service through the County of San Diego. The land use variables necessary to complete the hydrologic calculations will be based on the most recently adopted land use plan. Master Planned facilities consist of those key elements in the City's Flood Control system which are capable of conveying storm runoff through the various drainage basins to the downstream limits of the City. EXHIBIT "A" (CONT'D_) Task #4 - Evaluation of Existing Facilities Based on the existing data, field review and hydrologic calculations, the capacities of the existing Master Plan facilities will be determined. These calculations will be based on the current physical condition of the facility as well as the upstream or downstream control section and any potential adverse environmental impacts. For example, a natural channel with the capacity to convey a design storm flow will not be effective if it results in unacceptable erosion, while a storm drain system may have sufficient downstream capacity and still be ineffective due to improper inlet control. The capacity of each facility will be based on approximate methods and engineering judgement. As a result of this hydraulic evaluation any deficiencies which currently exist in potential Master Plan facilities will be identified and the appropriate solution will be identified in the Master Plan. Task #5 - Identify Master Plan Facilities After having identified and analyzed the existing facilities which will be integrated into the Master Plan, the Proposed Master Plan facilities will be located and sized. The hydraulic analysis will be based on the required capacity as determined during Tasks #3 and #4 in conjunction with approximate methods and engineering judgement. A complete listing of the Master Plan facilities will be prepared which shall include a diameter or cross section description of the facility and a construcion cost estimate based on 1988 values where applicable. The Plan View location of these facilities will be cross-referenced to and shown on drainage basin maps to be included in the Master Plan Report. In addition, to the listing of Master Plan facilities, a listing of all existing flood control facilities with a capacity greater than or equal to 18" diameter R.C.P. will be prepared based on the information provided as described in Task #1. Task #6 - Report Preparation As a summary to the work performed during the five tasks listed above, a Master Flood Control Drainage Plan Report will be prepared. The report will include descriptions of the existing drainage system within the City as it relates to the Master Plan and the benefits which will result from the construction of the proposed Master Plan facilities. The report will also include facilities listings, schematic locations of the Master Plan facilities, construction cost listings and a summary of the analysis methodology utilized to develop the Master Plan. After having identified the necessary Master Plan facilities and their corresponding construction costs, the report will address the issue of funding and, ultimately, implementation of the Plan. This portion of the report will include descriptions of a variety of funding sources and programs available to the City of National City. EXHIBIT "B" WORK TO BE DONE BY OTHERS The City will provide existing prints of any plans, maps, aerial photos, etc. pertinent to the project at no cost to the Consultant. The City will also provide any horizontal and vertical control data that is available. EXHIBIT "C" LENGTH OF CONTRACT The Consultant shall abide by the projected schedule shown below. (See Attached) 1ty11 CITY F 0 R MASTER FLOOD OF KAMM,0CMHEDULE ° ° CONTROL NATIONAL Gi£' CITY PLAN QEP 17M @V DRAINAGE FEQ FM PROJECT ITEM TASK - DESCRIPTION 1988 1989 SEPT OCT NOV DEC JAN FEB MARCH APRIL MAY JUNE 2 9 162330 3 101724 31 7 14 2128 5 121926 2 9 162330 6 132027 8 132027 3 101724 1 8 152229 5 121926 MASTER FLOOD CONTROL DRAINAGE PLAN TASK #1- DATA COLLECTION IN TASK #2- DATA/FIELD REVIEW NM TASK #3- HYDROLOGY TASK #4- EXISTING FACILITIES �T EVALUATION TASK #5- IDENTIFY MASTER PLAN FACILITIES TASK #6- REPORT PREPARATION Nii IN CITY REVIEW " CONSULTANTS. INC. Gn.hn° to Governmental apna°a A TM C/,/MENT To EXN/B/T t EXHIBIT "D" PAYMENT Payment for the work will be paid for each of the six tasks at the time each task is completed; upon the presentation of proper invoices by the Consultants, each task shall be paid by the City as shown in the attached "Fee Cost Estimate," except that 20% of the task cost will be withheld, until the City's acdeptance of the Report, at the end of task 6. (Attached Fee Cost Estimate) FEE COST ESTIMATE BSI CONSULTANTS, INC. is pleased to submit the following Lump Sum Estimate for the proposed Scope of Work. MASTER FLOOD CONTROL DRAINAGE PLAN TASK HOURS AMOUNT Task #1 - Data Collection Civil Engineer 8 Task #2 - Data/Field Review Civil Engineer Senior Designer Task #3 - Hydrology 40 40 608 Project Manager 8 Civil Engineer 120 Senior Designer 120 Task #4 - Evaluation of Existing Facilities Project Manager 16 Civil Engineer 80 Senior Designer 24 Task #5 - Identify Master Plan Facilities Project Manager 16 Civil Engineer 80 Senior Designer 40 Task #6 - Report Preparation Project Manager 8 Civil Engineer 40 Draftsperson 40 Clerical 24 5,720 17,816 9,000 10,072 6,512 MASTER FLOOD CONTROL DRAINAGE PLAN SUBTOTAL 49,728 ATTACHMENT TO EXH/B/T "D"