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HomeMy WebLinkAboutCC RESO 13,444ties RESOLUTION NO. 13,444 A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BERRYMAN & STEPHENSON, INC. FOR TECHNICAL ENGINEERING SE.RVICE.S AND AMENDING RESOLUTION NO. 13,279 (Plaza Bonita Center) WHEREAS, the City must inspect the public facili- to be installed in Plaza Bonita Center in National City to insure public safety, and WHEREAS, said inspection requires the full-time services of a Registered Engineer, and WHEREAS, the firm of Berryman & Stephenson, Inc., is qualified to perform said services, and WHEREAS, the developer of Plaza Bonita Center (May Stores, Inc.) is responsible for payment of inspection fees pursuant to applicable WHEREAS, the City 13,279 establishing a Plaza to accumulate said fees and Center inspections, and WHEREAS, Resolution No. 13,279 should include Engineering inspections and Subdivision Fees as well as "Plan Check Fees", NOW, THEREFORE, be it resolved as follows: Section 1. The City Manager is hereby authorized to execute that certain contract with Berryman & Stephenson, Inc., dated September 23, 1980 providing for Engineering Inspection Services of Plaza Bonita Center. Section 2. Section 2 of Resolution No. 13,279 is hereby amended to read: "That all fees collected for plan checking, engineering inspection, and Subdivision Fees from Plaza Bonita Shopping Center shall be credited to th.e Plaza Bonita Revolving Fund". ordinances, and has adopted Resolution No. Bonita Revolving Fund designed expend same for Plaza Bonita Section 3. The Finance Officer may loan the Plaza Bonita Revolving Fund, from an appropriate Municipal Fund, sufficient funds necessary to pay for services rendered under City Agreementsproviding inspection services for Plaza Bonita Center. Said loan funds shall be repaid by revenue generated by fees directly contributed or associated with Plaza Bonita Center Development. Section 4. Sixty-five thousand dollars ($65,000) is hereby appropriated from the Plaza Bonita. Revolving Fund for Resident Engineering Inspection Services. Section 5. The City Finance Director is hereby authorized to backcharge any expenditures already incurred or paid for Resident Engineer Services for Plaza Bonita Center inspections to the Plaza Bonita. Revolving Fund. PASSED AND ADOPTED this 23rd day of September, 1980. ATTEST: 1)14100. CONTRACT FOR TECHNICAL ENGINEERING SERVICES This Agreement, entered into the 23rd and between the City of National City, referred to as "City", and Berryman & Ash, Suite 100, Escondido, California "Engineer". day of September, 1980, by California, hereinafter Stephenson, Inc., 200 North herein referred to as Witness That Whereas, the City desires to engage the Engineer to render resident technical engineering services for Plaza Bonita Regional Shopping Center. Now, therefore, the parties hereto do mutually agree as follows: 1. Scope of Services a. Introduction The City of National City has a multi -million dollar invest- ment in public works improvement to be constructed in and around the Plaza Bonita Shopping Center. The City Engineer has the responsibility to make certain that these improve- ments are installed according to the plans, specifications, and sound engineering practice. Since the plans, specifica- tions, and design of this project were completed under a very tight and fast time schedule, many construction items will need to be determined in the field during construction. This type of construction demands that a knowledgeable, experienced, and honest person be representing the City to the fullest extent. BERRYMAN & STEPHENSON, INC. will employ Mr. Harry C. Wills, RCE, as Resident Engineer, who will report to the City Engineer or his staff. Any substitions for Resident Engineer will be approved by the City in writing, in advance, and will, in any event, be a Registered Civil Engineer, licensed in the State of California. Public Works improvements shall include but not be limited to the following: - Improvemment of Plaza Bonita Road from Sweetwater Road to Bonita Road; - Widening Sweetwater Road; - Construction of the parking lot and circulation roadways; - Constructing a retaining wall along the north side of Sweetwater Road; 2 - Constructing a box culvert beneath Sweetwater Road; the south side of - Improving the existing channel, including constructing riprap protection; - Constructing a low water crossing on Plaza Bonita Road; - Constructing an equestrian crossing beneath Plaza Bonita Road; and - Installing utilities, curbs, sidewalks, traffic signals, street signs, inlets, and other associated structures. b. BERRYMAN & STEPHENSON, INC. will provide the following ser- vices as Resident Engineer: 1 Administration of the public works construction contract to include: representing the City of National City in matters of contract performance, inspection services coordination, coordination with other inspection teams and consultants, recommendations for project change orders, processing progress payment requests, and recom- mendation for acceptance of completed work. 2. Construction inspection of the various improvements with the assistance of the City of National City Engineering Department. 3. Prepare reports on the progress of construction upon request of City. 4. Maintain a Resident Engineer's office at City Hall or to be provided by the Contractor at the construction site. 5. Provide the services of a Resident Engineer up to a full- time basis upon the start of construction for a period of 26 weeks. This period of time is the anticipated con- struction schedule for completion of the public works improvements. Provide a traffic signal technician for a period of 10 days to inspect the installation of the traffic signals. 6. Obtain, as necessary, at request of City, outside inspect- ion service for such things as concrete, asphalt, struct- ural steel, etc. 3 2. Compensation a. Method of Compensation The Engineer shall submit invoices to the City for services rendered pursuant to this Agreement on a monthly basis. This is a time and materials contract. Compensation will be based upon the fee schedule attached to this Agreement as Exhibit "A". Invoices shall detail the service performed by the job classification, the hours worked, and the appro- priate fee schedule extension. b. Outside Inspection Services Outside inspection services relating to asphalt concrete testing, compaction tests, structural steel tests, concrete strength tests, and inspection of electrical work will be performed by others and coordinated by our Engineer. This work is estimated to be approximately $10,000. Pursuant to Exhibit "A" hereof, the Engineer will select the outside inspection firm, arrange for services, and invoice the City on a time and materials basis plus fifteen percent (15%) administrative charge. c. Maximum Compensation In no event shall the City pay the Engineer more than a total of $62,000 for all services rendered pursuant to this Agreement. 3. Term The estimated time for completion of construction is six months, beginning September 1, 1980. In any event, this Agreement shall terminate no later than September 30, 1981 unless extended by mutual agreement of the parties. The City may terminate this Agreement before September 30, 1981 at any time by giving thirty days written notice. 4. Additional Provisions a. All sketches, tracings, drawings, computations, notes and other original documents developed pursuant to this Agreement by the Engineer shall become the property of the City. Upon request, said materials shall be delivered to the City upon demand and/or completion of the contract. b. Prior to the commencement of work hereunder the Engineer shall deliver to the City Attorney, for his review and approval, appropriate Certificates of Insurance evidencing that Engineer is insured against claims for property damages and bodily injury in an amount not less than $500,000 com- bined single limits, and general liability in an amount not 4 less than $500,000 combined single limits. Said Certificate of Insurance shall provide for the giving of ten (10) days written notice of termination or of cancellation to the City Attorney of the City of National City. Said Certificate shall name the City of National City as an additional insured. The Engineer shall also deliver the Certificate of Insurance evidencing that Engineer and his employees are covered by a current policy of Workers' Compensation Insurance. The same provision for Notice of Cancellation as above described shall be provided. c. The Engineer will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection of training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. d. The Consultant and any agents and employees of the Consultant, in the performance of this Agreement, shall act in an indepen- dent capacity and not as officers and employees or agents of the City. 5. Compliance with State and Local Laws The Engineer shall comply with all applicable laws, ordinances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. 6. Subcontracting None of the services covered by this contract shall be subcon- tracted without the prior written consent of the City. 5 7. Assignability The parties to this contract shall not assign any interest in this contract, and shall not transfer any interest in the same (Whether by assignment or novation) without the prior written approval of the other party; provided, however, that claims for money due or to become due the Engineer from the City under this contract may be assigned to a bank, trust company, or other financial institu- tion, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. IN WITNESS WHEREOF, the City and the Engineer have executed this Agree- ment as of the date first above written. BERRYMAN & STEPHENSON, INC. iam E. Stracker, RCE CITY OF NATIONAL CITY To G. McCabe, City Manager Approved as to Legal Form: DonaldF. McLean 'Jr Attorney AAut�ed by City Council 9/23/80 eES. 11, 444.4. 6 EXHIBIT "A" SCHEDULE OF HOURLY RATES EFFECTIVE JULY, 1980 Project Manager Registered Engineer/Traffic Engineer Licensed Land Surveyor Right of Way Engineer/Agent Registered Architect Landscape Architect Senior Designer Designer Draftsperson Inspector Principal Senior Associate Associate 2-Person Survey Crew 3-Person Survey Crew Engineering Aide Clerical, Typist Out -of -Pocket Expenses (telephone, printing, reproducing, copying, duplicating, etc.) $ 50.00 45.00 45.00 45.00 45.00 45.00 42.00 38.00 29.00 29.00 55.00 55.00 50.00 86.00 102.00 22.00 16.00 Cost Billed Plus 15% Mileage 24 Per Mile 7 EXHIBIT "A" (Continued) A 15% fee for administration, coordination, and handling will be added to subcontracted services such as foundation reports and specialist services. These hourly rates will be subject to increase due to cost increases and inflationary trends.