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HomeMy WebLinkAbout10-29-1985 City Council Agenda packeteteet e?' 1 AGENDA BILL NO: q6 Attachments Council Action 11/20 Approved. 1 Initial: Dept. Head: DATE: October 29, 1985 City Atty: DEPARTMENT: Maintenance City Mgr: SUBJECT: Award of Contract Purchase of 6 -8 Ton Dump Truck Issue Summary Bids were received on the subject dump truck and were opened on October 29, 1985, at 2:00 P.M. We received only one bid, which was from South Bay Ford Truck Sales, in the amount of $29,013.40 which is within the amount budgeted for this purchase. Recommendation Award the bid to South Bay Ford Truck Sales in the amount of $29,013.40. Fiscal Impact $30,000 is included in the 1985 -86 F.Y. Budget funded from the Equipment Replacement Fund. I n Initial: AGENDA BILL NO: gib Dept. Head: DATE: October 29, 1985 City Atty: DEPARTMENT: Maintenance City Mgr: SUBJECT: Agreement for Professional Services Callander Assoc. Issue Summary Council has given conceptual approval for professional services by Callander Associates to landscape the portion of median on Saratoga- Sunnyvale Road between the Southern Pacific Railroad and Cox Avenue. The formal agreement, prepared by the City Attorney, is attached. Recommendation Authorize the Mayor toexecute the consultant agreement as prepared by the City Attorney. Fiscal Impact The contractural amount is for $16,800 which is included in the Median Landscaping Project that is being funded by Revenue Sharing in the 1985 -86 FY Budget. Attachments Consultant Agreement Council Action 11120: Approved. JZ. 8 S; CONSULTANT AGREEMENT AGREEMENT, Made this day of 1985, by and between THE CITY 01? SARATOGA, a municipal corporation "City and PETER CALLANDER, an individual doing business under the firm name of Callander Associates "Consultant Witnesseth: -1- City desires to contract for the performance of certain landscape architectural services in connection with landscaping the median on Saratoga Sunnyvale Road between the Southern Pacific Railroad tracks to Cox Avenue within the CalTrans right -of -way as shown on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as "the Project Consultant represents that he is fully qualified and willing to perform such professional services pursuant to the terms of this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Scope of Services. City hereby retains Consultant and Consultant hereby agrees to render the following services in connection with the Project: (a) Phase 1 Survey. Preparation of a topographic survey of existing as -built conditions in the Project area from the outside edges of the right -of- way, using available CalTrans data and on -site surveyed measurements. Subsurface utilities shall be shown to the extent data is available from utility company or CalTrans information supplied to Consultant. The survey shall reflect existing surface drainage patterns, illustrated with grades at fifty foot intervals. (b) Phase 2 Preliminary Plan. Preparation of a preliminary plan for approval by City, showing plant materials, irrigation, mounding, curb alignment and related design features, together with a preliminary estimate of construction costs. Such plan shall be presented in one meeting with the City staff and one meeting thereafter with the City Council. (c) Phase 3 Construction Documents. Preparation of final construction documents, incorporating any changes in the preliminary plans as approved by City. Such documents shall include curbing, grading, pavement removal, planting and irrigation, but shall not include utility redesign or drainage. (d) Phase 4 Construction Review. Review of bids as obtained by City and assisting City staff in review and inspection of the construction work. Such services shall be rendered in general conformance with the quality, limits and professionalism outlined in AIA Document B141 (1977) and specifically as follows: (a) (1) Construction phase shall commence with advertisements for bids and shall terminate upon completion of the work and acceptance thereof by City. (2) City shall have primary responsibility for the administration of the construction contract and Consultant shall render advice and assistance to City, when requested, in a timely and expedient manner. (3) Consultant shall visit the site at intervals as requested by City to become generally familiar with the progress and quality of the work and to determine the degree of compliance with the contract documents. However, Consultant shall not be required to make exhaustive or continuous on -site inspections or reviews to check the quality or quantity of the work. On the basis of such on- site observations, Consultant shall endeavor to protect City against defects and deficiencies in the contractor's work. 2. Time Schedule. The services to be rendered by Consultant hereunder shall be completed by February 10, 1986, unless such date is extended by mutual agreement between the parties. 3. Compensation. As compensation for all services described above and performed by Consultant hereunder, and costs incurred in connection therewith, Consultant shall be paid the following sums: $2,900.00 upon completion of Phase 1. (b) $11,200.00 upon completion of Phase 3. (c) $2,700.00 as a budgetary allowance for services to be rendered under Phase 4, to be billed to City on an hourly basis at the rates specified in Paragraph 5 of this Agreement. Consultant -2- shall submit monthly invoices to City and shall advise City when Consultant's charges for construction review services have aggregated to $2,000.00, at which time City shall either limit, modify or extend the budget in writing. No deductions shall be made from the Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the costs of changes in the work other than those for which Consultant is responsible. If the Project is suspended or abandoned in whole or in part for more than three (3) months, Consultant shall be compensated for all services performed prior to receipt of written notice from City of such suspension or abandonment, together with reimbursable expenses then due. If the Project is resumed after being suspended for more than six months, Consultant's compensation may be renegotiated between the parties. 4. Expenses. The compensation referred to in Paragraph 3 above shall include the cost of two sets of all documents to be furnished to City hereunder, and the cost of site photography, base sheets and travel expenses. All other Project expenses authorized by City, including postage, special delivery charges, printing and reproduction, costs of enlarging or reducing documents and construction testing shall be reimbursed to Consultant. 5. Hourly Rates. The construction review services to be rendered by Consultant under Phase 4, and any additional services rendered by Consultant pursuant to Paragraph 6 of this Agreement, shall be charged to City on an hourly basis at the following rates: Principal $85 /hour Associate $62 /hour Assistant $38 /hour Draftsperson $29 /hour Clerical $18 /hour 6. Additional Services. The following services may be provided if authorized in writing by City, and Consultant shall be compensated for the same at the hourly rates specified above, payable monthly upon the submission of billings showing a description of services, time expended and hourly charge therefor: (a) Providing coordination of work performed by separate contractors or by City's own forces; providing services in connection with the work of a construction manager; or providing detailed quantity surveys or inventories of material, equipment or labor during the course of construction work. (b) Making revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given by City, or are required by the enactment or revision of codes, laws or other causes not solely within the control of Consultant. (c) Preparing drawings, specifications and supporting data and providing other services in connection with change orders requested by City and required by causes not solely within the control of Consultant. (d) Providing consultation concerning replacement of any work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such work; providing services made necessary by the default of the contractor, or by major defects or deficiencies in the work of the contractor, or by failure of performance by the contractor under the construction contract. (e) Providing services after issuance to City of the final construction review report or in the absence of a final report, more than sixty days after the date of City's acceptance of the construction work. (f) Preparing to serve or serving as an expert witness in connection with any arbitration or legal proceeding. (g) Providing consultant services for other than the normal landscape architectural, structural, mechanical, and electrical engineering services for the Project. 7. City Responsibilities. City shall provide Consultant with full information regarding any requirements for the Project, including design requirements pertaining to traffic control and limitations on the total cost of the Project. City shall also furnish to Consultant any information City may have relative to the soil conditions in the Project area, but neither City nor Consultant shall be required to perform any test borings, percolation tests or other soils or geologic testing. 8. Non discrimination Requirements. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Consultant shall take affirmative actions to insure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to, -4- the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 9. Construction Cost. The construction cost shall be the total cost or estimated cost to City of all elements of the Project designed or specified by Consultant, excluding the compensation payable to Consultant hereunder. Consultant shall design the Project within the cost limitations as specified by City in writing, and in this regard, Consultant shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and type of construction are to be included in the contract documents, to make reasonable adjustments in the scope of the Project and to include in the contract documents alternate bids to adjust the construction cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the contract sum occurring after execution of the construction contract. If a Project budget or fixed limit of construction cost is exceeded by the lowest bona fide or negotiated proposal, the City may: (1) give written approval of an increase in such fixed limit; (2) authorize rebidding or renegotiating of the Project within a reasonable time; (3) cooperate in revising the Project scope and quality as required to reduce the construction cost; or (4) postpone or abandon the Project. In the case of (3), Consultant shall without additional charge, modify the drawings and specifications as necessary to comply with the fixed limit. The providing of such service shall be the limit of the Consultant's responsibility arising from the establishment of such fixed limit, and having done so, the Consultant shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. 10. Assignment and Subcontracts. Consultant acknowledges that his special skill and expertise is a material consideration for City entering into this Agreement. Consultant shall not assign, subcontract or delegate to any other party the performance of any services to be rendered by Consultant under this Agreement; provided, however, City acknowledges that the topographic survey to be furnished under Phase 1 will be prepared by a subcontractor retained by Consultant. 11. Independent Contractor. Consultant is, and at all times shall remain, an independent contractor, and not an agent, officer or employee of City. As such -5- independent contractor, neither Consultant nor any of his agents or employees shall be entitled to any salary, fringe benefits, worker's compensation, retirement contributions, sick leave, insurance or other benefit or right connected with employment by City, or any compensation other than as provided in this Agreement. In addition, Consultant shall have no power or authority to bind City to any contract or otherwise to incur any obligation or liability for, or on behalf or in the name of City. 12. Conflict of Interest. During the term of this Agreement, Consultant shall not accept employment or render professional services in any capacity on behalf of the contractor, or any supplier of labor or materials to such contractor, who is awarded the contract for construction of the Project, nor shall Consultant acquire or hold any direct or indirect financial interest in such contract. 13. Insurance Requirements. Consultant shall provide a certificate of insurance and maintain, during the entire term of this Agreement, comprehensive general public liability insurance which shall be in the single limit amount of one million dollars ($1,000,000.00), as well as worker's compensation coverage. Policies shall name the City, its employees, officers and agents as additional insureds. Said policies shall contain a thirty day notice of cancellation or material reduction of coverage requirements. Consultant shall also provide a policy for professional liability coverage (errors and omissions) in an amount of $500,000.00 with a similar cancellation clause. 14. Indemnity. Consultant shall indemnify and hold City, its officials, agents and employees harmless from and against any and all claims, demands, causes of action, expenses or liabilities, including attorney's fees, arising out of Consultant's performance or failure to perform any professional services hereunder, and City shall not be liable for any acts or omissions of Consultant. 15. Notices. Any notice required or permitted to be given hereunder shall be in writing and shall be either personally delivered or sent by certified mail, return receipt requested, addressed to the other party as follows: To Consultant: Peter Callander Callander Associates 311 Seventh Avenue San Mateo, CA 94401 To City: Mr. Dan Trinidad Director of Maintenance City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Either party may change his or its address by giving notice to the other in the manner provided herein. Any notice sent by mail shall be deemed received on the second business day after deposit of the. same in the U.S. Mail properly addressed with postage prepaid thereon. 16. Termination of Agreement. This Agreement may be terminated by either party upon seven (7) days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination not the fault of Consultant, Consultant shall be compensated for all services performed to termination date, together with reimbursable expenses then due. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or verbal. No amendment or modification to this Agreement shall be valid unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA By CONSULTANT: By PETER CALLANDER nitial: AGENDA BILL NO: c 771 Dept. Head: DATE: October 29, 1985 City Atty: DEPARTMENT: Maintenance City Mgr: SUBJECT: Agreement for Professional Services Buktenica Assoc. Issue Summary Council has given conceptual approval for professional services by Jack Buktenica Associates for the performance of architectural services in connection with landscaping and other improvements to be constructed and installed in Congress Springs Park, as shown in the revised Master Plan for Cngress Springs Park dated October 30, 1984. Recommendation Authorize the Mayor to execute the consultant agreement as prepared by the City Attorney. Fiscal Impact The contractural amount is for $29,500 which is included in the Congress Springs Park Project that is being supplied by several funds in the 1985 -86 FY Budget. Attachments Consultant Agreement Council Action 11/20: Approved. AGREEMENT, Made this day of 1985, by and between THE CITY OF SARATOGA, a municipal corporation "City and JACK BUKTENICA, an individual doing business under the firm name of Jack Buktenica Associates "Consultant City desires to contract for the performance of certain architectural services in connection with landscaping and other improvements to be constructed and installed in the Congress Springs Park, as generally shown in the revised Master Plan for Congress Springs Park dated October 30, 1984 (hereinafter referred to as "the Project Consultant represents that he is fully qualified and willing to perform such professional services pursuant to the terms of this Agreement. Toppel /10/21/85 CONSULTANT AGREEMENT Witnesseth: NOW, THEREFORE, the parties agree as follows: 1. Consultant's Services. City hereby retains Consultant and Consultant hereby agrees to render the following services in connection with the Project: (a) Phase 1 Schematic Design. Preparation of a preliminary plan for the Project together with a preliminary estimate of construction costs and submission of the same for approval by City. The total Project cost shall be in the range of between $350,000 and $450,000. (b) Phase 2 Construction Documents. Preparation of working drawings, specifications and technical bidding documents for the Project. (c) Phase 3 Inspection. Inspection of construction and installation work to insure that the same is performed in accordance with the plans and specifications as prepared by Consultant. Consultant's services shall include meetings with City staff, the City Parks and Recreation Commission and the City Council. The number of meetings for each phase described above shall not exceed three. 2. Time Schedule. The design services to be rendered by Consultant hereunder shall be performed and completed within Vie following time schedule: Phase 1 Thirty (30) days after the date of this Agreement. Phase 2 Forty -five (45) days after approval by City of the preliminary plans. 3. Compensation. As compensation for all services described above and performed by Consultant hereunder, Consultant shall be paid the following sums: (a) $4,425.00 upon completion of Phase 1. (b) $22,125.00 upon completion of Phase 2. (c) $2,950.00 as a budgetary allowance for services to be rendered under Phase 3, to be billed to City on an hourly basis at the rates specified in Paragraph 6 of this Agreement. Consultant shall submit monthly invoices to City and shall advise City when Consultant's charges for inspection services have aggregated $2,000.00, at which time City shall either limit, modify or extend the budget in writing. 4. Expenses. The compensation referred to in Paragraph 3 above shall include the cost of two sets of all documents to be furnished to City hereunder. Consultant shall be entitled to reimbursement from City for the cost of any additional copies of plans or specifications requested by City. 5. Bids in Excess of Estimate. If the lowest responsible bid for the Project exceeds the final detailed estimate of construction cost, City may: (1) give written approval of an increase in such cost; (2) authorize rebidding or renegotiating of the Project within a reasonable time; (3) cooperate in revising the Project scope and quality as required to reduce construction cost; or (4) postpone or abandon the Project. In the case of (3), Consultant shall without additional charge, modify the drawings and specifications as necessary to bring the construction cost within the estimated amount or as otherwise approved by City. Toppel /10/21/85 -2- 6. Hourly Rates. The inspection services to be rendered. by Consultant under Phase 3, and any additional services rendered by Consultant pursuant to Paragraph 7 of this Agreement, shall be charged to City on an hourly basis at the following rates: 7. Additional Services. The following services may be provided if authorized in writing by City, and Consultant shall be compensated for the same at the hourly rates specified above, payable monthly upon the submission of billings showing a description of services, time expended and hourly charge therefor: (a) Making revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given by City, or are required by the enactment or revision of codes, laws or other causes not solely within the control of Consultant. Toppel /10/21/85 (b) Preparing drawings, specifications and supporting data and providing other services in connection with change orders requested by City and required by causes not solely within the control of Consultant. (c) Providing consultation concerning replacement of any work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such work; providing services made necessary by the default of the contractor, or by major defects or deficiencies in the work of the contractor, or by failure of performance by the contractor under the construction contract. (d) Preparing to serve or serving as an expert witness in connection with any arbitration or legal proceeding. (e) Providing consultant services for other than the normal landscape architectural, services for the Project. Principal $60 /hour Associate $50 /hour Assistant $42 /hour Clerical $22 /hour 8. City Responsibilities. City shall provide Consultant with an accurate survey of the site, utility maps and all information available to City relating to geological and topographical conditions. -3- 9. Non -discrimination Requirements. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Consultant shall take affirmative actions to insure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions 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 compensation; and selection for training, including apprenticeship. 10. Assignment and Subcontracts. Consultant acknowledges that his special skill and expertise is a material consideration for City entering into this Agreement. Consultant shall not assign, subcontract or delegate to any other party the performance of any services to be rendered by Consultant under this Agreement. 11. Independent Contractor. Consultant is, and at all times shall remain, an independent contractor, and not an agent, officer or employee of City. As such independent contractor, neither Consultant nor any of his agents or employees shall be entitled to any salary, fringe benefits, worker's compensation, retirement contributions, sick leave, insurance or other benefit or right connected with employment by City, or any compensation other than as provided in this Agreement. In addition, Consultant shall have no power or authority to bind City to any contract or otherwise to incur any obligation or liability for, or on behalf or in the name of City. 12. Conflict of Interest. During the term of this Agreement, Consultant shall not accept employment or render professional services in any capacity on behalf of the contractor, or any supplier of labor or materials to such contractor, who is awarded the contract for construction of the Project, nor shall Consultant acquire or hold any direct or indirect financial interest in such contract. 13. Insurance Requirements. Consultant shall provide a certificate of insurance and maintain, during the entire term of this Agreement, comprehensive general public liability insurance in an amount satisfactory to City, as well as worker's compensation coverage. Policies shall name the City, its employees, officers and agents as additional insureds. Said policies shall contain a thirty day notice of Toppel /10/21/85 -4- cancellation or material reduction of coverage requirements. Consultant shall also provide a policy for professional liability coverage (errors and omissions) in an amount of $500,000.00 with a similar' cancellation clause. 14. Indemnity. Consultant shall indemnify and hold City, its officials, agents and employees harmless from and against any and all claims, demands, causes of action, expenses or liabilities, including attorney's fees, arising out of or in any manner relating to the performance by Consultant of his services hereunder, and City shall not be liable for any acts or omissions of Consultant. 15. Notices. Any notice required or permitted to be given hereunder shall be in writing and shall be either personally delivered or sent by certified mail, return receipt requested, addressed to the other party as follows: To Consultant: Jack Buktenica 2250 Park Boulevard Palo Alto, CA 94306 To City: Mr. Dan Trinidad Director of Maintenance City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Either party may change his or its address by giving notice to the other in the manner provided herein. Any notice sent by mail shall be deemed received on the second business day after deposit of the same in the U.S. Mail properly addressed with postage prepaid thereon. 16. Termination of Agreement. This Agreement may be terminated by either party upon seven (7) days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination not the fault of Consultant, Consultant shall be compensated for all services performed to termination date, together with reimbursable expenses then due. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or verbal. No amendment or modification to this Agreement shall be valid unless in writing and signed by both parties. Toppel /10/21/85 -5-