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HomeMy WebLinkAbout02-13-1986 City Council Agenda packeta- i� i9pG ea- AGENDA BILL NO: DATE: February 13, 1986 DEPARTMENT: Maintenance SUBJECT: Authorization To Complete the Final Construction Plans For Median Landscaping Along Saratoga Sunnyvale Road Between the Southern Pacific Railroad and Blauer Drive Issue Summary Callander Associates, the landscape architect, has completed the preliminary design and cost estimates for the subject project. In an effort to obtain an efficiency of scale and reduce unit costs, the project has been extended from its original southern terminus of Cox Avenue to include the area down to Blauer Drive. The total project is currently estimated to cost $240,050, including professional fees. The contract between the City and Callander Associates has been revised to reflect the increase in project size and cost. Recommendation Approve revised "Consultant Agreement" and authorize Callander Associates to prepare the Final Construction Plans. Fiscal Impact The current budget has $180,000 appropriated for median landscaping funded from Revenue Sharing. The shortfall of approximately $60,000 will have to be appropriated in the budget for next fiscal year. This will have an impact in the funding of other high priority median improvements. Attachments Revised Consultant Agreement Cost Estimate Council Action 2119: Approved. 1 City Manager PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD 5. TOPPEL GREGORY A. MANCHUK STEVEN G. BAIRD NICHOLAS C. FEDELI, JR. Mr. Peter Callander 311 Seventh Avenue San Mateo, California 94401 Dear Peter: ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 04042 (4151 967 -6941 October 28, 1985 Re: Consultant Agreement Enclosed herewith is a revised donsultant Agreement containing the changes in paragraphs 2, 7 and 14, as discussed during our recent telephone conversation. I have also modified paragraph 10 to include an acknowledgment on the part of the City that the topographic survey is being prepared by your subcontractor. If you find the revised agreement to be satisfactory as to form and substance, please execute the same and return the agreement to Dan Trinidad so he can arrange for the matter to be agendized for the next Council meeting on November 7, 1985. HST /ns enc. cc: Mr. Dan Trinidad w /enclosure Mr. Harry Peacock w /enclosure Sincerely, HAROLD S. TOPPEL Saratoga City Attorney J. M. ATKINSON. (1892-1982) L. M. FARASYN, 11915-19791 REVISED CONSULTANT AGREEMENT AGREEMENT, Made this day of 1985, by and between THE CITY OF SARATOGA, a municipal corporation "City and PETER CALLANDER, an individual doing business under the firm name of Callander Associates "Consultant Witnesseth: City desires to contract for the performance of certain landscape architectural services in connection with landscaping the median on Saratoga _Blauer Drive 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: 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. (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. 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: 5,500.00 (a) $27900 upon completion of Phase 1. 17,900.00 (b) $1- 1- upon completion of Phase 3. 3 800.00 (c) 00700 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 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 $1 8/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) (g) Preparing to serve or serving as an expert witness in connection with any arbitration or legal proceeding. 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= t. 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 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 Callander Associates SEPARATE VS. COMBINED PROJECTS COST COMPARISONS 311 Seventh Avenue San Mateo. CA 94401 415 375 -1313 ITEMS PHASES Landscape Architecture Land Planning Environmental Design "RR TO COX" AND "COX TO BLAUER" SARATOGA SUNNYVALE ROAD MEDIANS CA 85.62 January 23, 1986 GENERAL NOTE: The following table outlines the cost savings which might result if the "RR to Cox" and "Cox to Blauer" portions were to be constructed as one single project instead of in two separate phases. The approximate $17,000 savings mainly reflects lower project start -up costs, professional fees, and one year's inflation. It should be noted that the estimate for the "Cox to Blauer" portion has been prepared based only on the 1984 Conceptual Plan and that exact costs will not be known until a Preliminary Plan can be prepared. For the pur- poses of evaluation of relative savings, however, the following figures are satsifactory. RR to Cox Cox to Blauer Both Now FY '86 '87 Now 1. Construction Cost $130,270 93,300 $212,850 2. Topographic Survey 2,900 2,600 5,500 3. Preliminary Design Cons. Documents 11,200 10,800 17,900 4. Contract Adminstrative Assistance 2,700 3,200 3,800 5. Sub Totals $147,070 $109,900 $240,050 6. Total Separate Projects (two phases) $256,970 7. Total Combined Projects (one phase) 240,050 8. Savings 16,920 Peter Callander, ASLA, Principal Margaret B. Fahringer. Associate g-/3-/,P4 'AGENDA BILL NO: 1 C},., 1 DATE: February 13, 1986 DEPARTMENT: Maintenance SUBJECT: Authorization To Go To Bid Improving Congress Springs Issue Summary Council has given 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 Congress Springs Park, as shown in the revised Master Plan for Congress Springs Park dated February 17, 1986. Plans and Specifications have been completed on subject project, which calls for the completion of the improvements to Congress Springs Park. You will recall the project is being funded through the 1984 Park and Recreation Facilities Bond Act,, Roberti Z'berg- Harris Urban Open -Space and Recreation Program, -local youth leagues and Park Development Fees. We would like to call for bids to be opened on March 12, 1986, 3:00 p.m. and anticipate all improvements to be completed this summer. Recommendation Approve Plans and Specification calling for bids to be received March 12, 1986. Fiscal Impact The total project, including architectural services, will be approximately $450,000. When the exact amount can be determined, we will be asking for an additional appropriation from the Park Development Fees. There is currently $415,000 in the budget so the additional funding will be approximately $35,000. Attachments City Manager Full plans have been transmitted previously to Council. Council Action 2119: Approved. 1 CITY OF SARATOGA AGENDA BILL NO. OM INITIAL DEPT. HD. I(j DATE: February 10, 1986 C. ATTORNE DEPARTMENT: City Attorney C. MGR. SUBJECT: Informal bidding on public projects Exhibits /Attachments (a) Proposed Resolution. (b) Proposed Ordinance Council Action 3/5: Introduced ordinance, adopted resolution. 3/19: Adopted ordinance 71.2. Issue Summary In 1984, the State Public Contract Code was amended to establish alternative procedures for the performance of certain public projects which eliminated the need for the time consuming and expensive process of formal bidding. Under the current law, public projects of $15,000 or less may be performed by City employees by force account, by negotiated contract or by purchase order; public projects of $50,000 or less may be let to contract by informal bidding procedures as specified in the State law. For a City to utilize these alternative methods, the City must elect to become subject to the Uniform Construction Cost Accounting Procedures promulgated by the State Controller (which first became available approximately 60 days ago). Such election is made by resolution of the City Council. The City must also adopt an informal bidding ordinance containing certain provisions required by State law. The staff has reviewed the uniform accounting procedures and concluded that adoption of the same will not result in any substantial change in the accounting practices currrently followed by the City. Recommendation (a) Adoption of Resolution electing to become subject to Uniform Construction Cost Accounting Procedures. (b) Adoption of informal bidding ordinance. Fiscal Impacts The Resolution and Ordinance should result in cost savings to the City in the form of reduced staff time by eliminating the need for formal bids on public projects of $50,000 or less.