HomeMy WebLinkAboutCC RESO 92-21RESOLUTION NO. 92-21
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH ROBERT BEIN, WILLIAM FROST AND ASSOCIATES
TO CONDUCT AN ALTERNATIVES STUDY FOR THE
NATIONAL CITY BOULEVARD CROSSING OF THE
SWEETWATER RIVER
BE IT RESOLVED by the City Council of the City of National City,
California that the Mayor is hereby authorized to enter into a Agreement between
the City of National City and Robert Bein, William Frost and Associates to
conduct an alternatives study for the National City Boulevard crossing of the
Sweetwater River. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 28th day of January, 1992.
George H. Waters, Mayor
ATTEST:
APPROVED AS TO FORM:
George H.pq Arm; 2t
Eiser, III
City Attorney
AGREEMENT
BY AND BETWEEN
THE CITY OP' NATIONAL CITY
AND
ROBER'T B E S N, WI LL I AM FROST AND
AS S OC I ATE S
THIS AGREEMENT is entered into this 28th day of
January, 1992 by and between the CITY OF NATIONAL CITY, a
municipal corporation (the "City") and Robert Bein, William Frost
and Associates, the "CONSULTANT".
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to
study alternatives to the existing National City Boulevard bridge
crossing of the old Sweetwater River Channel.
WHEREAS, the City has determined that the Consultant is
qualified, experienced, and has the ability to perform the
services desired by the CITY, and the CONSULTANT is willing to
perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. EMPLOYMENT OF CONSULTANT. The CITY hereby agrees
to engage the CONSULTANT and the CONSULTANT hereby agrees to
Revised 8/2/91 1
perform 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.
2. SCOPE OF SERVICES. The CONSULTANT will perform
services as set forth in the attached Exhibit "A" (Scope of
Work).
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 Exhibit
"A" to keep staff and City Council advised of the progress on the
project.
3. PROJECT COORDINATION AND SUPERVISION. DINO SERAFINI
is hereby 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. SCOTT TAYLOR is
hereby designated as the Project Director for the CONSULTANT.
4. 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 Exhibit "A" shall not exceed
Revised 8/2/91 2
the schedule given in Exhibit "B" (Schedule of Compensation)
which totals $46,752.00 without prior written authorization from
the City Engineer.
Monthly invoices will be processed for payment and
remitted within thirty (30) days from receipt of invoice,
provided that work isaccomplished consistent with the Exhibit
"A" (Scope of Work) as determined by the CITY.
5. LENGTH OF AGREEMENT. Completion dates or time
durations for specific portions of the Project are set forth in
Exhibit "C" (Schedule of Completion).
6. DISPOSITION OF PLANS, SPECIFICATIONS. The
Drawings, Plans, Specifications and other documents prepared by
the CONSULTANT for this Project shall become the property of the
CITY for use solely with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any
phase thereof, contemplated by this Agreement.
7. INDEPENDENT CONTRACTOR. 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. The CONSULTANT is not an
employee of the CITY and is not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but
not limited to medical, unemployment, or workers' compensation
insurance.
This Agreement contemplates the personal services of
the CONSULTANT and the CONSULTANT's employees, and it is
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recognized by the parties that a substantial inducement to the
CITY for entering into this Agreement was, and is, the
professional reputation and competence of the CONSULTANT and its
employees. Neither this Agreement nor any interest herein may be
assigned by the CONSULTANT without the prior written consent of
the CITY. Nothing herein contained is intended to prevent the
CONSULTANT from employing or hiring as many employees as the
CONSULTANT may deem necessary for the proper and efficient
performance of this Agreement.
8. CONTROL. Neither the CITY nor its officers,
agents or employees shall have any control over the conduct of
the CONSULTANT or any of the CONSULTANT's employees 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 the CITY wholly
independent contractors and that the CONSULTANT's obligations to
the CITY are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in
the performance of the services to be provided herein, shall
comply with all State and Federal statutes and regulations, and
all ordinances, rules and regulations of the City of National
City whether now in force or subsequently enacted. The
CONSULTANT, and its subcontractors, shall obtain a current City
of National City business license prior to performing any work
Revised 8/2/91 4
within the City.
10. STANDARD PROVISIONS. The CONSULTANT will not
discriminate against any employee or applicant for employment
because of age, race, color, ancestry, religion, sex, marital
status, national origin, physical handicap, or medical condition.
The CONSULTANT will take affirmative action to insure that
applicants are employed without regard to their age, race, color
ancestry, religion, sex, marital status, national origin,
physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment,
upgrading, demotion, transfer, 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 this Agreement is terminated by the CITY as provided
herein, the CONSULTANT shall be paid for all effort and material
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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
fees and costs incurred during the course of litigation.
11. HOLD HARMLESS. The CONSULTANT agrees to
indemnify, defend, and hold harmless the City of National City,
its officers, employees and volunteers, against and from any and
all liability, loss damages to property, injuries to, or death of
any person or persons, and all claims, demands, suits, actions,
proceedings, costs or attorney fees, of any kind or nature,
including workers' compensation claims, of or by anyone
whomsoever, in any way resulting from or arising out of the
CONSULTANT's sole negligence in the performance of this
Agreement.
12. WORKERS' COMPENSATION. The CONSULTANT shall
comply with all of the provisions of the Workers' Compensation
Insurance and Safety Acts of the State of California, the
applicable provisions of Divisions 4 and 5 of the California
Government Code and all amendments thereto; and shall indemnify,
defend and hold harmless the CITY and its officers, employees and
volunteers from and against all claims, demands, payments, suits,
actions, proceeding and judgements of every nature and
description, including attorney fees and costs presented, brought
or recovered against the CITY or its officers, employees, or
volunteers, for or on account of any liability under any of said
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acts which may be incurred by reason of any work to be performed
by the CONSULTANT under this Agreement.
13. INSURANCE. The CONSULTANT, at its sole cost and
expense, shall purchase and maintain throughout the term of this
agreement, the following insurance policies:
a. Professional liability insurance with minimum
limits of $1,000,000 per occurrence.
b. Automobile insurance covering all bodily injury
and property liability incurred during the
performance of this Agreement, with a minimum
coverage of $500,000 combined single limit per
accident. Such automobile insurance shall include
non -owned vehicles.
c. Comprehensive general liability insurance, with
minimum limits of $1,000,000 combined single limit
per occurrence, covering all bodily injury and
property damage arising out of its operation under
this Agreement.
d. Workers' compensation insurance covering all of
its employees and volunteers.
e. The aforesaid policies shall constitute primary
insurance,as to CITY, its officers, employees, and
volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said
insurance. Said policies shall provide for thirty
(30) days prior written notice to the CITY of
Revised 8/2/91 7
cancellation or material change.
f. Said policies, except for the professional
liability and workers' compensation policies,
shall name CITY and its officers, agents and
employees as additional insureds.
This Agreement shall not take effect until
certificate(s) or other sufficient proof that
these insurance provisions have been complied
with, are filed with and approved by the CITY's
Risk Manager. If the CONSULTANT does not keep all
of such insurance policies in full force and
effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure
to maintain the requisite insurance as a breach of
this Agreement and terminate the Agreement as
provided herein.
h. If required insurance is provided on a "claims
made" rather than "occurrence" form, the
CONSULTANT shall maintain such insurance coverage
for three years after expiration of the terms (and
any extensions) of this Agreement.
i. Any aggregate insurance limits must apply solely
to this Agreement.
14. OTHER CONSIDERATION. Nothing contained herein
shall prevent the CONSULTANT from carrying on its usual business,
including the performance of other additional services for the
g•
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CITY, should the CITY desire additional services, nor from
performing similar services for other agencies, cities, districts
or public or private entities.
15. 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.
16. NOTICES. All communications 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
City of National City
1243 National City Boulevard
National City, CA 91950
Revised 8/2/91 9
Robert Bein, William Frost
and Associates
71 North Fourth Avenue
Chula Vista, Ca 91910-1007
(Consultant Name/Address)
(619) 426-5400
(Phone No.)
(619) 426-1575
(Fax No.)
/P931/
(City of National City
Business License No.)
IN WITNESS WHEREOF, the CITY and the CONSULTANT have
executed this Agreement as of the date first written above.
CITY OF NATIONAL CITY
BY /;� a. - /J L.22.o
APPROVED AS TO FORM:
BY: imr
GEORGE H. EISER, III
CITY ATTORNEY
Revised 8/2/91 10
CONSULTANT
Robert Bein, William Frost & Associates
NAME . mpg F. McDonald
TITLE President—Ragional Offices
Robert Bein, William Frost & Associates December 19, 1991
JN 500509 Page 1 of 9
EXEIIBIT "A"
SCOPE OF SERVICES
A. Consultant agrees to perform the following scope of services:
TASK 1: PROJECT RESEARCH
Objective: Obtain available technical information and establish design criteria of the City
as well as other jurisdictional agencies.
Activities: Conduct a review of the following documents:
• Regional Seismic Data
• Flood Insurance Rate Map
• Record Drawings
• Pending Plans for Adjacent Projects
• Blaylock -Willis Structural Evaluation
• City Design Standards
• Caltrans/COE Geotechnical Data
• Available Topographic Data
Contact and/or Conduct initial meetings with the following agencies:
• Department of Fish and Game
• Caltrans
• Corps of Engineers
Products: Prepare a summary of design criteria and site constraints for incorporation in
the Draft Report.
Related The City of National City will review title reports pertaining to the project
Activities: and notify the consultant of any limitations or restrictions pertaining to the
right-of-way that may influence project feasibility. In addition, the City shall
coordinate the consultants activities with the City of Chula Vista and the
Sweetwater Authority.
M/500509
Robert Bein,
JN 500509
TASK 2:
Objective:
Activities:
Products:
TASK 3:
Objective:
Activities:
Products:
TASK 4:
Objective:
Activities:
M/500509
William Frost & Associates December 19, 1991
Page 2 of 9
FIELD INVESTIGATION
Verify existing bridge conditions and peripheral environmental and physical
constraints.
Conduct a project walk-through with City Engineering Staff. Examine bridge
foundations, evidence of vandalism, wetland areas, utility crossings, roadway
surface, local traffic sign hzation, construction access and maneuverability
issues, bridge decking, and local pedestrian/bicycle routes.
Prepare a photographic summary with captions for incorporation in the Draft
Report. This summary will provide the City with a permanent record of pre-
existing bridge conditions and surrounding wetlands characteristics prior to
renovation/replacement.
DEVELOP PROJECT ALTERNATIVES
Choose from a list of possible bridge alternatives, three alternatives which
meet project goals and appear economically viable.
Conduct an initial "brainstorming" meeting to identify with City staff all
possible alternatives for bridge improvement or replacement. From a cursory
review of the list, develop three specific alternatives for more detailed study.
This analysis will be primarily based on identifying "fatal flaws" in the
prospective alternatives or exorbitant construction or mitigation costs.
Prepare a written summary and sketch for each of the alternatives proposed
for detailed study. Maintain a list of alternatives not studied.
ENVIRONMENTAL ANALYSIS
Assess the biological environmental impacts of the project alternatives and
recommend appropriate mitigation measures.
Conduct a biological survey and provide a report which includes a description
and evaluation of existing vegetation and wildlife habitat in the project area,
listings of all faunal and floral species found, discussions on any sensitive
species encountered or expected, potential biological impacts due to bridge
construction, and recommendations to avoid or mitigate impacts.
•
Robert Bein, William Frost & Associates December 19, 1991
JN 500509 Page 3 of 9
Conduct a records search to gather pertinent data from reports on projects in
the immediate vicinity of the bridge crossing before the field visit.
Given the location of the bridge, and its crossing of the Sweetwater River
channel, a wetlands delineation and jurisdictional determination will be made
to indicate wetlands present under and around the bridge. Delineation will
follow the most recent procedures published by the U.S. Army Corps of
Engineers and the California Department of Fish and Game.
Coordinate with California Department of Fish and Game to determine
preliminary processing requirements and mitigation.
No EA of CEQA documentation •will be prepared as a part of this Task.
Products: A report which would be the combined efforts of the above tasks and includes
a graphic representation of vegetation and sensitive resources.
TASK 5: TRAFFIC ANALYSIS
Objective: To evaluate traffic impacts of construction and provide a qualitative discussion
of mitigation alternatives.
Activities: Assess the viability of closing the traffic route for any length of time. Discuss
alternate traffic routes.
Identify conceptual costs for temporary traffic control during construction.
Identify potential traffic hazards associated with the project construction.
Assess issues of automobile/bicycle/pedestrian separation and interface.
Evaluate project alternatives based on traffic safety, City liability concerns,
construction detours, and traffic flow/speed considerations.
Work under this Task is based on discussions with City staff and Consultants
experience with previous projects similar in nature. No additional traffic
studies will be prepared and not verification of research information will be
provided.
Products: Recommendations concerning bridge closures to be incorporated in the Draft
Report.
M/500509
Robert Bein, William Frost & Associates December 19, 1991
JN 500509 Page 4 of 9
A written discussion of traffic impacts for inclusion inthe draft report.
No traffic counts or computer traffic analysis will be performed unless
requested by the City.
TASK 6: STRUCTURAL ANALYSIS
Objective: Evaluate the constructability and prepare construction cost estimates for the
selected bridge or culvert alternatives. Assess the condition of the existing
bridge if widening is one of the selected alternatives.
Activities: Depending upon the identified alternatives, this task may include the
following activities:
• Research available Caltrans Bridge Report, Plans, and Seismic Retrofit
Inventory data for the existing bridge
• Review the Blaylock -Willis Inspection Report
• Field investigation of the existing timber bridge
• Assess the condition of the existing bridge and potential for widening.
Identify the critical issues associated with widening such as seismic
resistance capability and remaining structure life.
• Evaluate new structure types for complete bridge replacement
alternatives and identify the optimum structure type. Criteria to be
considered include bridge length, number of spans, required freeboard,
false work requirements and restrictions within the channel
• Prepare 11 X 17 conceptual plans for each alternative evaluated. The
plan will be similar to Caltrans Advanced Planning Study drawings
showing plan, elevation, and typical section views.
• Constructability review of non -bridge alternatives
M/500509
Robert Bein, William Frost & Associates December 19, 1991
JN 500509 Page 5 of 9
Products: Prepare a brief letter report on the feasibility of widening the existing bridge,
should this be an alternative selected for evaluation. Prepare an 11" X 17"
conceptual plan for each alternative evaluated. Prepare a written summary
of the advantages and disadvantages of each alternative, to be incorporated
in the Draft Report. A maximum of 3 alternatives will be reviewed as a part
of this Task. The City may, at its option, request the review of additional
alternatives for an additional fee shown in the compensation schedule.
TASK 7: PRELIMINARY COST ESTIMATES
Objective:
Activities:
Products:
TASK 8:
Objective:
M/500509
To develop preliminary cost estimates of bridge and roadway improvements
and mitigation measures by alternative in 1990 dollars for use in the
evaluation of the project alternatives.
To develop cost escalation factors.
Establish, in a LOTUS 123 spreadsheet format, current unit costs for typical
bridge construction items using the 1990 CALTRANS Contract Cost Data
Book as modified by local requirements and experience. Include contingency
and special costs factors such as for engineering design, City administrative
costs, traffic maintenance, construction management add-ons and utility
relocation.
An estimate of right-of-way costs (per square foot) will be developed.
Develop an inflation factor for costs based on the California Construction
Index (CCI). This factor is proposed for use on both construction and right-
of-way costs.
Conceptual quantities will be calculated from each of the study alternatives.
Total costs for both right-of-way and construction for each alternative will be
summarized.
LOTUS 123 spreadsheets for each alternative which specify construction and
right-of-way costs for use in the final Draft Report.
ANALYSIS OF ALTERNATIVES
Recommend an alternative for bridge renovation/replacement based on
environmental, traffic, structural, right-of-way, and other considerations.
Robert Bein,
JN 500509
Activities:
Products:
TASK 9:
Objective:
Activities:
Products:
M/500509
William Frost & Associates December 19, 1991
Page 6 of 9
Create a decision -making matrix, ranking each of the project alternatives
based on cost, environmental, traffic, and other considerations.
In a workshop forum with the City staff, review the decision -making matrix for
modifications based on City comments. Determine the recommended
alternative.
Review the reasons for alternatives not studied.
Identify potential "fatal flaws" in the chosen alternative or additional study
items required (geotechnical, e.g.).
A written discussion of the analysis which produced the chosen alternative
based on each of the issues included in the evaluation. This analysis will be
included in the Draft Report.
REPORT PREPARATION
Prepare a project report with a recommended bridge alternative. Incorporate
comments from City of National City staff.
Prepare a draft report similar to the following outline:
Executive Summary
Introduction
Existing Conditions
Descriptions of Alternatives
Preliminary Cost Estimates
Analysis of Alternatives
Recommendations and Conclusions
The report shall include three 11" X 17" exhibits illustrating
studied alternatives, an itemized cost estimate, and a decision
including each of the alternatives.
Meet with City staff to review comments on the draft report.
Incorporate comments into the final report.
Draft Report.
each of the
logic matrix
Robert Bein, William Frost & Associates December 19, 1991
JN 500509 Page 7 of 9
Final Report.
Graphics/Mustrations/Tables.
TASK 10: LIAISON AND COORDINATION
Objective: Include consideration of outside agency requirements.
Use appropriate design standards.
Consider effects of any adjacent planned projects.
Activities: A Meeting with Caltrans, Corps of Engineers, Fish & Game, adjacent
property owners, and SDG&E.
Obtain design standards from jurisdictions involved with bridge or wetland
projects.
Identify any other planned or programmed improvement projects which may
be affected.
Ascertain schedules for any such improvements.
Products: Two meetings with City staff to ensure project coordination.
Cooperation with other affected jurisdictions.
M/500509
Robert Bein, William Frost & Associates December 19, 1991
JN 500509 ��pp "B"Page 8 of 9
EXHIBIT
COMPENSATION
B. Client agrees to compensate Consultant for such services as follows:
Monthly on a percentage complete basis, a fee of $44,252 as outlined below, plus a
budget amount of $2,500 for the costs of reimbursable expenses.
TASK DESCRIPTION
01 Project Research
02 Field Investigation
03 Develop Project Alternatives
04 Environmental Analysis
05 Traffic Analysis
06 Structural Analysis (3 Alternatives)
Each Additional Alternative
07 Preliminary Cost Estimates
08 Analysis of Alternatives
09 Report Preparation
10 Liaison and Coordination
Total Professional Fee
Reimbursable Expenses
TOTAL
COMPENSATION
$ 3,800
2,790
3,874
5,955
760
8,133
[1,850]
3,210
4,950
7,475
3,305
$44,252
2.500
$46.752
Progress billings will be forwarded to the Client on a monthly basis. These billings
will include the fees earned for the billing period plus all direct costs advanced by
Consultant. The Client shall make every effort to review invoices within fifteen (15)
working days from the date of receipt of the invoices and notify Consultant in writing
of any particular item that is alleged to be incorrect.
Reimbursable expenses include a $100 insurance amendment fee and printing of a
maximum of 10 screen check reports, 10 draft reports and 20 final report copies.
These fees proposed herein apply until August 1, 1992. Due to ever -changing costs,
Consultant will increase those portions of the contract fee for which work must still
be completed after August 1, 1992, by ten -percent (10%), if the Consultant was
delayed in the completion of the work by the City.
M/500509
CITY OF NATIONAL CITY
National City Boulevard Bridge Study
Exhibit C
Schedule of Services
Task
Project Research
Field Investigation
Develop Project Alternatives
Environmental Analysis
Traffic Analysis
Structural Analysis
Preliminary Cost Analysis
Report Preparation
Project Meetings (RBF)
Project Meetings (CITY)
City Review
Agency Coordination
Report Revisions
Page 9 of 9
Feb 1992
Week 1
Mar 1992
Week 2 Week 3 Week 4 Week 5
Week 6
Week 7
Week 8
Apr 1992
Week 9 Week 10 Week 11 Week 12
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NOTE: Schedule shown indicates target dates and is subject to change.
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Revised 12.91
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