HomeMy WebLinkAbout12-15-1999 Agenda Item 7BSARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
3~z~
AGENDA ITEM
CITY MGR: ~~~ ,
DEPT. HEAD: ~ .~
MEETING DATE: DECEMBER 15,1999
ORIGINATING DEPT.: PUBLIC WORKS
SUBJECT: Approval of a Professional Services Agreement for design, environmental and
Right-of--Way acquisition services and Adoption of a Resolution Adjusting the
F.Y. 99-00 Budget in connection with the Quito Road Bridge Replacement
Project, C.I.P. No. 9111
1. Approve a Professional Services Agreement with AN West, Inc. of Richmond in the amount of
$259,556.
2. Adopt Resolution Adjusting the F.Y. 99-00 Budget in connection with the Quito Road Bridge
Replacement Project, C.I.P. No. 9111.
Interviews of qualified consulting firms which can provide design, environmental and Right-of-
Way acquisition services in connection with the Quito Road Bridge Replacement Project, C.I.P.
No. 9111 were held on Apri128, 1998. The consulting engineering firm, AN West, Inc. of
Richmond was ranked at the top. City staff and representatives from the Town of Los Gatos
interviewed a total of six firms.
The Quito Road Bridge Replacement Project is a Federal Aid Project funded through the Highway
Bridge Rehabilitation and Replacement (HBRR) Program. The HBRR Program will fund 80% of
the cost of the project, while the remaining 20% will be shared equally between the Town of Los
Gatos, the Santa Clara Valley Water District and the City. The total budget required for project
development services is estimated to be $265,000 with the City's share being $17,666.67. The City
has taken on the role of lead agency for the project and cooperative agreements are being finalized
with the Town and the Water District for their share of this cost. The City Attorney has reviewed
and approved the proposed agreement and will also draft the Co-op Agreements with the Town and
the District.
In January of this year, the City formally requested from Caltrans an increase in the HBRR
allocation for the project that would insure reimbursement of the project development costs
negotiated in the contract with AN West. After a lengthy negotiating process with Caltrans, they
approved the City's request in late October and issued the City an amended E-76 form
acknowledging the funding increase.
Because of uncertainties about whether Caltrans would increase the HBRR allocation for the
project, the amount of additional funding which might be approved, and the amount of time it
would take for the request to be processed, the approved budget for the project has yet to be
modified. Now, however, it is appropriate to adjust the budget for the project by increasing the
appropriation for engineering services by $191,250 to a total of $265,000. This can be
accomplished by adopting the attached Resolution. Of this amount 93.3% will be reimbursed to the
City through the HBRR Program and the cooperative agreements with the Town of Los Gatos and
the Water District.
Final plans and specifications for the project will be developed in approximately five months and
construction is tentatively scheduled for next summer.
FTSC'Ai, iMPAC'TS;
Funding for project development work is programmed in the adopted budget in Capital Project No.
9111 (Quito Road Bridge Replacement) -Account No. 4013 (Contract Services).
C'nN~F iTFNC'F4 nF NnT A(''TiNG nN THF, RFC'nMMF,NnFD MnTi(1NS;
1. A Professional Services Agreement with AN West, Inc. will not be approved. The Council may
direct staff to negotiate a contract with another design firm. However, staff does not believe that
this will result in finding a more competent consultant for this work due to the thorough
interview process through which the candidate consultants went.
2. The Resolution adjusting the F.Y. 99-00 Budget would not be adopted. If the Resolution is not
adopted, only a portion of the design services could be completed this fiscal year, with the
remaining design work postponed until F.Y. 00-01. This would most likely delay
construction until F.Y. 01-02.
None in addition to those stated above.
1. The Professional Services Agreement will be executed and work will begin immediately.
2. The budget will be amended.
Nothing additional.
1. Location Map.
2. Professional Services Agreement.
3. Resolution Adjusting the F.Y. 99-00 Budget.
STANDARD
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is made at Saratoga, California, as of ,
19_, by and between the CITY OF SARATOGA, a municipal corporation ("City"), and
("Contractor"), who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Contractor shall provide to City the services described in Exhibit A. Contractor shall
provide said services at the time, place and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Contractor for services rendered pursuant to
this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in
Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to
this Agreement. Contractor shall submit all billings for said services to City in the manner
specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and
customary procedures and practices which Contractor uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C,
Contractor shall, at its sole cost and expense, furnish all facilities and equipment which maybe
required for furnishing services pursuant to this Agreement. City shall furnish to Contractor only
the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in
Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in
Exhibit D are part of this Agreement. In the event of any inconsistency between said general
provisions and any other terms or conditions of this Agreement, the other term or condition shall
control insofar as it is inconsistent with the general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by
this reference incorporated herein. -
administered by
6. CONTRACT ADMINISTRATION. This Agreement shall be
("Administrator"). All correspondence
shall be directed to or through the Administrator or his or her designee.
7. NOTICES. Any written notice to Contractor shall be sent to:
Any written notice to City shall be sent to:
Standard Contractual Services Agreement
Executed as of the day first above stated:
CITY OF SARATOGA, a municipal corporation
Attest:
City Clerk
Approved as to form:
City Attorney
Approved as to budget authority:
Finance Director
By
"City"
By
"Contractor"
Standard Contractual Services Agreement
Exhibit A
Scope Of Services
PART A - DESCRII'TION OF PROJECT
The Project for which professional consulting services are to be provided consists of the
replacement of two existing 20+ foot wide concrete bridges with single-span bridges.
Design will include plans for retaining walls, drainage structures, landscaping, traffic
striping, pedestrian walkways and all other improvements necessary to accommodate the
new bridge construction.
Design will also address aesthetic considerations as well as the effect on the San Tomas
Aquino Creek of replacing the existing bridges which are 48 years old with eroded
substructure, restricted creek flow, and narrow alignment, with new bridges designed to
minimize flooding potential and increase safety.
PART B -SCOPE OF ENGINEERING SERVICES
BASIC SERVICES
Engineer shall perform the following detailed engineering services:
Conduct one initial project meeting with each of the following:
a. City and California Department of Transportation (State) to:
1.) Discuss Project objectives, design criteria budget factors.
2.) Obtain record drawings, City standards and other available
information.
3.) Visit the project site to discuss design considerations.
b. Meet with Saratoga City Engineering staff, Los Gatos Town
Engineer and Santa Clara Valley Water District, so design
concepts can be discussed and understood.
The design focus will include ideas and premises, with special
consideration given to aesthetic sensitivity to the bridge design in
light of the surrounding environs, appropriate pedestrian and
vehicular alignment, striping and marking, concealed utility
chases, historical significance and the like.
Exhibit "A"
2. Maintain continuing liaison with the City, the California Department of
Transportation (State) and the Federal Highway Administration (FHWA)
as required in the interest of expediting the project.
3. Prepare preliminary plans, specifications and estimated as required for
approval by the City, the State, and the FHWA (35% Submitted).
a. Arrange for photogrammetric mapping and/or field survey work
necessary to supplement existing data and to provide an adequate
basis for design, and construction of the project.
b. Arrange for the oversee and hydraulic investigations and studies
necessary to supplement available studies performed by
Santa Clara Valley Water District, Army Corps of Engineers and
the State Department of Fish and Game for the San Tomas Aquino
Creek/Quito Road bridge replacements in connection with design,
construction and permit applications for the project. Engineer shall
be responsible for evaluating the effects of the evaluating the
effects of the proposed bridge design so they are consistent with
the findings of said studies.
Arrange for and oversee the application and processing of required
environmental documentation to obtain both California
Environmental Quality Act (CEQA) and National Environmental
Policy Act (NEPA) clearances for this project per Tasks 3a, 3c, 3d,
3f, and 3g as specified on Exhibit B-1.
d. Obtain maps showing location of existing utilities.
e. Submit drawings of the preliminary plan to the City for review and
comment, to the utility companies for design input and to Caltrans
for review.
Exhibit "A"
4. Final Plans. Prepare detailed contract plans for the project (100% Submitted).
a. Revise the preliminary plan to include consensus of comments and
recommendations of City, Caltrans, Utility agencies, and prepare
cost estimates. During this phase, engineer may consult with
Caltrans Office of Structures as required to insure that all state
requirements are met. (If the preliminary plan presentation and
revision process described in section 3e necessitate more than one
cycle, the City agrees to compensate the engineer for any
additional work requested in writing by the City, in accordance
with the provisions in Part D, "Compensation," herein.)
b. Based on the approved preliminary plan, prepare contract plans
showing the bridge improvements and work to be performed,
including removals, and pavement striping and marking.
c. Prepare technical special provisions, for utilization in conjunction
with Caltrans' standard specifications and the specifications of the
City of Saratoga.
d. Submit final plans, details, technical special provisions, and cost
estimates to City and State for review and approval.
e. Meet with City and State staff to discuss final plans and cost
estimates.
f. Furnish original drawings and forms of the contract plans, and
technical provisions to the city for advertising by the city.
5. Assist City with interpretation of plans and specifications as needed during
bidding period. Tabulate and analyze bids, and make a recommendation
on award of contract.
6. Present periodic written progress memos to the City, with copies to the
State and FHWA, at approximately one month intervals during the design
of the project.
Exhibit "A"
7. In addition to the meetings, conferences, and site visits, specifically included in
sections la, lb, and 4f above, attend a maximum of thirteen format meetings,
conferences and site visits with representatives of the City, State, FHWA, and
other interested agencies, including any meetings, conferences and site visits
requested in accordance with sections B through 10 below.
8. Coordinate all plans, designs, specifications, permits, and all phases of the
work connected with the project which are to be furnished or performed
by the engineer with the City, State, the FHWA and any other affected
agencies.
9. Furnish to appropriate agencies any revisions or supplemental data needed
by such agencies during and throughout the submittal and submission to
the city of any plans, specifications, designs, and estimates.
10. In the event that it becomes necessary for the City, the State or the FHWA
to make a special field inspection trip during the progress of the design, it
shall be the duty of the engineer to accompany the inspection party when
requested.
11. Perform right-of--way engineering, including the preparation of plats and
legal descriptions of construction easements or additional right-of--way, if
any required for the project.
Exhibit "A"
SUPPLEMENTAL SERVICES
In addition to the basic services described above, engineer shall furnish and perform the
supplemental services described below, if requested by the City. The City shall provide
compensation to engineer on a fair and equitable basis, as mutually agreed prior to
furnishing and performing any such supplemental services.
1. Make public presentations and/or attend meetings or site visits in addition
to those included in the preceding scope of basic services.
2. Assist City in preparation of agreements, which City is required to make
with State and FHWA in connection with the project.
Provide consultation and advice during construction.
4. Make observations at specific critical stages of construction and a final
observation of the completed project.
5. Furnish technical observation of construction for the purpose of
determining whether the construction work complies substantially with the
requirements of the plans, specifications and contract documents. This
work would include observation of on-site construction, as well as
observation of off-site operations of local suppliers and manufacturers
whose products are incorporated into the project (e.g. plant materials). The
exact responsibilities and fees would be negotiated with the City prior to
construction, when the needs are more specifically known.
6. Review shop and working drawings, if any, furnished by the contractor.
7. Review change orders as needed.
Assist the city in preparing record drawings as needed.
PART C -AUTHORIZATION TO PROCEED
In recognition of the fact that financing for a portion of the City's share of the project will
be from federal funds, engineer shall not begin work on the project until authorized in
writing by the City, subject to approval by state and FHWA.
Exhibit "A"
EXHIBIT B
PAYMENT SCHEDULE
City shall pay Contractor an amount not to exceed the total sum of ($259,556.) for
services to be performed and reimbursable costs incurred pursuant to this Agreement. Contractor
shall submit invoices, not more often than once a month during the term of this Agreement,
based on the cost for services performed and reimbursable costs incurred prior to the invoice
date. Invoices shall contain the following information.
1. Serial identifications of progress bills, i.e., Progress Bill No. 1.
2. The beginning and ending dates of the billing period.
3. A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available and the percentage of
completion.
4. For each work item in each task, a copy of the applicable time sheets shall be
submitted showing the name of the person doing the work, the hours spent by
each person, a brief description of the work, and each reimbursable expense.
City shall make monthly payments, based on such invoices, for services satisfactorily
performed, and for authorized reimbursable costs incurred.
City shall pay the last 10% of the total sum due pursuant to this Agreement within forty-
five (45) days after completion of the services and submittal to City, if all services due pursuant
to this Agreement have been satisfactorily performed.
The total sum stated above shall be the total which City shall pay for the services to be
rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Contractor in rendering services pursuant to this
Agreement.
City shall make no payment for any extra, further or additional service pursuant to this
Agreement unless such extra service and the price therefore is agreed to in writing executed by
the City Manager or other designated official of City authorized to obligate City thereto prior to
the time such extra service is rendered and in no event shall such change order exceed twenty-
five (25%) of the initial contract price.
Fees for work performed by Contractor on an hourly basis shall not exceed the amounts
shown on the fee schedule of hourly billing included as Attachment B-1.
Exhibit "B"
Reimbursable expenses are specified on Attachment B-1, and expenses not listed on
Exhibit B-1 are not chargeable to City.
The services to be provided under this Agreement maybe terminated without cause at any
point in time in the sole and exclusive discretion of City. In this event, City shall compensate the
Contractor for all outstanding costs incurred for work satisfactorily completed as of the date of
written notice thereof. Contractor shall maintain adequate.logs and timesheets in order to verify
costs incurred to date.
The Contractor is not authorized to perform any services or incur any costs whatsoever
under the terms of this Agreement until receipt of a fully executed Purchase Order from the City.
Exhibit "B"
EXHIBIT B-1
FOR THE DESIGN OF TWO QUITO ROAD BRIDGES
IN THE CITY OF SARATOGA, CALIFORNIA
PRELIMINARY & DESIGN ENGINEERING
DIRECT LABOR HOURS RATE TOTAL
Senior Principal 80 $ 48.077 3,846.16
Principal Engineer 378 $ 41.587 15,719.89
Senior Bridge Engineer 672 $ 35.577 23,907.74
Assistant Civil Engineer 780 $ 24.519 19,124.82
CADD Operator 636 $2~.ooo-2s.soo $ 13,674.00
EMPLOYEE BENEFITS 45.71 % $ 34,864.21
DIRECT COSTS QUANTITY PER UNIT TOTAL
Bluelines 500 $ 4.00 $ 2,000.00
CADD Plots 100 $ 20.00 $ 2,000.00
Reprographics 20,000 $ 0.10 $ 2,000.00
SUBCONSULTANTS
Allied Engineering Company $ 18,500.00
David J. Powers $ 29,100.00
INDIRECT COSTS (OVERHEAD) 99.744% $ 76,077.73
Subtotal 240,814.55
FEE (PROFIT) 10% 18,721.45
TOTAL COST, NOT TO EXCEED $ 259,536.00
NOTE: This Exhibit B-1 is not intended to establish payment limit s for any specific
line items shown on this sheet. A-N West, Inc., at its discretion, may reassign direct
labor budgets, direct cost budgets, and subconsultant budgets to elsewhere within
the project. The "Total Cost, Not To Exceed" amount shown on t his sheet will not
be exceeded without written approval from the City.
Ql!{TO ROAD BRIDGES -COMBINED
CITY OF SARATOGA
FEE ESTIMATE
DOLLARS PER TASK BY CLASSIFICATION
3 DEC 1999
SHEET 1 OF 3
TASK DIRECT LABOR FACTOR = 2.700 SENIOR PRIN PRIN ENGR SEN BRIDGE ASST CIVIL CADD SUB-CONTRACTOR TOTAL
$129.808 $112.285 $96.058 $66.201 $58.050
1. GROUND SURVEY /MAPPING
1.a. Field Survey $8,000 ALLIED ENGR $8,000
1.b. Office Mapping $4,000 ALLIED ENGR $4,000
SUB-TOTAL $12,000 $12,000
2. UTILITIES COORDINATION
2.a. Obtain Utility Maps $750 ALLIED ENGR $750
2.b. Utility Meetings/Coordination $1,038 $1,347 $794 $750 ALLIED ENGR $3,930
SUB-TOTAL $1,038 $1,347 $794 $1,500 $4,680
3. ENVIRONMENTAL CLEARANCE AND PERM ITS
3.a. PES Forms /Field Review $225 $1,500 POWERS $1,725
3.b. Not Used
3.c. Section 106 Compliance $4,500 POWERS $4,500
3.d. Natural Environment Study $76,250 POWERS $16,250
3.e. Not Used
3.f. Permits [excluding permit fees] $4,000 POWERS $4,000
3.g. Coordination and Meetings $225 $2,500 POWERS $2,725
SUB-TOTAL $449 $28,750 $29,199
4. HYDRAULIC STUDIES
4.a. Bridge Hydraulic Report $260 $1,572 $3,178 $929 $5,938
4.b. Location Hydraulic Study $260 $1,347 $3,178 $929 $5,713
4.c. CoordinatelMeetwith SCVWD $1,038 $449 $530 $2,017
SUB-TOTAL $1,558 $3,369 $6,885 $1,858 $13,669
5. NOT USED
5.a.
5.b.
5.c.
5.d.
5.e.
SUB-TOTAL
6. NOT USED
6a.
6.b.
6.c.
SUB-TOTAL
QUITO ROAD BRIDGES -COMBINED FEE ESTIMATE 3 DEC 1999
CITY OFSARATOGA DOLLARS PER TASK BY CLASSIFICATION SHEET20F3
TASK DIRECT LABOR FACTOR = 2.700 SENIOR PRIN PRIN ENGR SEN BRIDGE ASST CIVIL CADD SUB-CON TRACTOR TOTAL
$129.808 $112.285 $96.058 $66.201 $58.050
7. PS&E
7.a.1. Bridge Plans (35 percent) $1,347 $15,369 $7,430 $24,147
7.a.2 Road Plans (35 percent) $519 $898 $11,387 $3,715 $16,519
1.b.1. Not Used
1.b.2. Not Used
7.b.3. Not Used
7.c.1 Bridge Plans (100 percent) $2,246 $43,034 $14,861 $60,140
7.c.2. Road Plans (100 percent) $1,038 $1,347 $22,773 $6,502 $31,661
1.c.3. Special Provisions -Technical $519 $6,737 $7,256
7.d. Cost Estimate $519 $1,347 $3,842 $3,178 $8,887
7.e. Final PS&E $1,347 $2,305 $2,383 $697 $6,733
SUB-TOTAL $2,596 $15,271 $64,551 $39,721 $33,205 $155,343
8. RIGHT OF WAY ENGINEERING -SEE SHEET 3 OF 3
8.a.
8.b.
SUB-TOTAL
9, NOT USED
9.a.
9.b.
9.c.
9.d.
9.e.
9.f.
SUB-TOTAL
10. ADMINISTRATION / MGMT
10.a. Contract Administration $5,192 $4,491 $9,684
10.b. Project Management $13,923 $13,923
SUB-TOTAL $5,192 $18,415 $23,607
TOTAL TASKS 1 THROUGH 10 $10,385 $38,851 $64,551 $47,400 $35,062 $42,250 $238,498
SUB-CONTRACTOR ODC A-N WEST ODC TOTAL ODC'S $6,350
David J. Powers $350.00 Bluelines @ $4.00 each $2,000.00
CADD Plots @ $20 each $2,000.00
Reprographics $2,000.00 TOTAL TASKS 1 THROUGH 10 $244,848
QUITO ROAD BRIDGES -COMBINED FEE ESTIMATE 3 DEC 1999
CITY OFSARATOGA DOLLARS PER TASK BY CLASSIFICATION SHEET30F3
TASK DIRECT LABOR FACTOR = 2.700 SENIOR PRIN PRIN ENGR SEN BRIDGE ASST CIVIL CADD SUB-CONTRACTOR TOTAL
$129.808 $112.285 $96.058 $66.201 $58.050
SUPPLEMENTAL TASKS
11. RIGHT OF WAY ENGINEERING
11.a. Obtain Right of Way Record Data from City $400 ALLIED ENGR $400
11.b. Find and Tie to Street Monuments from Record Data $1,500 ALLIED ENGR $1,500
11.c. Identify Right of Way Conflicts $1,200 ALLIED ENGR $1,200
11.d. Propose Best Fit Solutions $1,000 ALLIED ENGR $1,000
11.e. Obtain Right of Way Resolutions from CITY $100 ALLIED ENGR $100
11.f. Plot Existing Right of Way on Topo Maps $800 ALLIED ENGR $800
11.g. Identify Right of Way Requirements $898 $2,118 $697 $3,713
11.h. Prepare Legal Descriptions $1,797 $1,797
11.i. Prepare Maps for Acquisitions & Easements $898 $2,118 $1,161 $4,178
SUB-TOTAL SUPPLEMENTAL TASK 11 $3,593 $4,237 $1,858 $5,000 $14,688
TOTAL FROM PREVIOUS SHEET $244,848
TOTAL PROJECT $259,536
3 DEC 1999
SHEET 1 OF 3
FEE ESTIMATE (CATION TOTAL
D L A$ S I F SUB-CONTRACTOR
gINED TASK B Y CADD
H O U R S PER ASST CNIL m9n+dde~ I Z
QUITO ROAD BRIDGES - GOM IN pRIN ENGR SEN BRIDGE 64
TY OF SARATOGA deVerrier [ ENGR
SENIOR PR PNmerino Kw°ng 6q ALLIED 52
CI W worth 52 ALLIED ENGR
116
TASK 116
GROUND SURVEY t MAPPING
1. 8
1.a Field Survey g ALLIED ENGR AO
pff'ice Mapping SUB-TOTAL
1.b. 8 ALLIED ENGR 48
12 16
RDINATION 12 12
2. UTILITIES COQ g 14
Utility Maps 8 12
2.a. ObtainM~Ung dination SUB-TOTAL 12 POWERS
2.b. Utility slCoa' 20
2 20 POWERS 20
ANCE AND PERMITS 20 POWERS
3. ENVIRONMENTAL CI~~ 53
PES Forms (Field Review POWERS
3.a. 53 22
3.b. Not Used I'~Ce 20 POWERS 129
Sectiai 106 Come
3.c. t Study 125
3.d. Natural Environm~'
2
3 e Not Used 80
4
3.f. Permits 78
3 g Meetings SUBTOTAL 16 ~
48 16
14 48 178
2 12 8
HYDRAULIC STUDIES 2 32
~' raulic Repot 4 104
4.a Bridge Hyd Study 8
raul'~c 30
4.b. location Hyd 12
C~rdinatetMeetw~thSCVWD SUB-TOTAL
4.c.
5 NOT USED
5.a.
5.b.
5.c.
5.d.
SUB-TOTAL
5.®•
ti_ NOT USED ~'"'~~
QUITO ROAD BRIDGES -COMBINED FEE ESTIMATE 3 DEC 1999
CITY OF SARATOGA
HOURS PER TASK BY CLASSIFICATION
SHEET 2 OF 3
TASK SENIOR PRIN PRIN ENGR SEN BRIDGE ASST CIVIL CADD SUB-CONT RACTOR TOTAL
Woodworth Palmerino Kwong de Verrier [ mgn+dde J 12
7. PS&E
7.a.1. Bridge Plans (35 percent) 12 160 128 300
7.a.2 Road Plans (35 percent) 4 8 172 64 248
7.b.1. Not Used
7.b.2. Not Used
7.b.3. Not Used
7.c.1 Bridge Pfans (100 percent) 20 448 256 724
7.c.2. Road Plans (100 percent) 8 12 344 112 476
7.c.3. Special Provisions -Technical 4 60 ~
7.d. Cost Estimate 4 12 40 48 104
7.e. Find PSB,E 12 24 36 12 84
SUB-TOTAL 20 136 672 600 572 2000
8. RIGHT OF WAY ENGRG -SEE SHEET 3 OF
8.a.
8.b.
SUB-TOTAL
9. NOT USED
9.a.
9.b.
9.c.
9.d.
9.e.
9.f.
SU8-TOTAL
10. ADMINISTRATION t MGMT
10.a. Contract Administration 40 40 80
10.b. Project Management 124 124
SUB-TOTAL 40 164 204
TOTAL PROJECT 80 346 672 716 604 257 2,675
QUITO ROAD BRIDGES -COMBINED FEE E S T I M A T E
CITY OFSARATOGA HOURS PER TASK BY CLASSIFICATION
3 DEC 1999
SHEET 3 OF 3
TASK SENIOR PRIN PRIN ENGR SEN BRIDGE ASST CIVIL CADD SUB-CONTRACTOR TOTAL
Woodworth Palmerino Kwong de Verrier (mgn+dde / 2
SUPP LEMENTAL TASKS
11. RIGHT OF WAY ENGINEERING
11.a. Obtain Right of Way Record Data from City 4 ALLIED ENGR 4
11.b. Find and Tie to SVeet Monuments from Record Data 12 ALLIED ENGR 12
11.c. Identify Right of Way Conflicts 12 ALLIED ENGR 12
11.d. Propose Best Fit Solutions 10 ALLIED ENGR 10
11.e. Obtain Right of Way Resdutions from CITY 1 ALLIED ENGR 1
11.f. Plot Ebsting Right of W ay on Topo Maps 8 ALLIED ENGR 8
11.g. Identify Right of W ay Requirements 8 32 12 52
11.h. Prepare Legal Descriptions 16 16
11.i. Prepare Maps for Acquisitions & Easements 8 32 20 60
SUB-TOTAL SUPPLEMENTAL TASK 11 32 64 32 47 175
TOTAL FROM PREVIOUS SHEET 80 346 672 716 604 257 2,675
TOTAL PROTECT 80 378 672 780 636 304 2,850
EXHIBIT C
Facilities and Equipment
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as
maybe reasonably necessary for Contractor's use while consulting with City employees and
reviewing records and the information in possession of City. The location, quantity, and time
of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility, which may involve incurring any direct expense,
including, but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit "C"
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of City. City shall
have the right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement; however, City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement.
2. LICENSES; PERMITS; ETC. Contractor represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature, which are legally required
for Contractor to practice its profession. Contractor represents and warrants to City that
Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Contractor to
practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during
the term hereof a valid City of Saratoga Business License.
3. TIME. Contractor shall devote such time to the performance of services pursuant to this
Agreement as maybe reasonably necessary for satisfactory performance of Contractor's
obligations pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration
of the contract "occurrence coverage" insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, its agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in the Contractor's bid.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001.)
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
Exhibit "D"
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial
General Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' Compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the
City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials and employees; or the
Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
(d) Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
General Liability and Automobile Liability Coverage.
a. The City, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and
completed operations of the Contractor, premises owned, occupied
or used by the Contractor, or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of the protection afforded to the City, its
officers, officials, employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
Exhibit "D"
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
work performed by the Contractor for the City.
3. Professional Liability.
Contractor shall carry professional liability insurance in an amount
deemed by the City to adequately protect the Contractor against liability
caused by negligent acts, errors or omissions on the part of the Contractor
in the course of performance of the services specified in this Agreement.
4. All Coverage's.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests'
rating of no less than A:VII.
(f) Verification of Coverage. Contractor shall furnish City with certificates of
insurance and with original endorsements effecting coverage required by this
clause. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
Exhibit "D"
(g) Subcontractors. Contractor shall include all subcontractors as insured's under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverage's for subcontractors shall be subject to all of the
requirements stated herein.
(h) The Risk Manager of City may approve a variation in those insurance
requirements upon a determination that the coverage, scope, limits and forms of
such insurance are either not commercially available or that the City's interests are
otherwise fully protected.
5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind
City to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or
obligation pursuant to this Agreement. Any attempted or purported assignment of any right or
obligation pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Contractor shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the
term of this Agreement, desires the removal of any such persons, Contractor shall, immediately
upon receiving notice from city of such desire of City, cause the removal of such person or
persons.
8. STANDARD OF PERFORMANCE. Contractor shall perform all services required
pursuant to this Agreement in the manner and according to the standards observed by a
competent practitioner of the profession in which Contractor is engaged in the geographical area
in which Contractor practices its profession. All instruments of service of whatsoever nature,
which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial,
first class and workmanlike manner and conform to the standards of quality normally observed
by a person practicing in Contractor's profession.
Exhibit "D"
9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall
take all responsibility for the work, shall bear all losses and damages directly or indirectly
resulting to him, to any subcontractor, to the City, to City officers and employees, or to parties
designated by the City, on account of the performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of
the Contractor or of any subcontractor. Contractor shall indemnify,. defend and hold harmless the
City, its officers, officials, directors, employees and agents from and against any or all loss,
liability, expense, claim, costs (including costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising from the negligent performance of the work.
This paragraph shall not be construed to exempt the City, its employees and officers from its own
fraud, willful injury or violation of law whether willful or negligent. For purposes of
Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a
construction contract. By execution of this Agreement, Contractor acknowledges and agrees that
it has read and understands the provisions hereof and that this paragraph is a material element of
consideration.
Approval of the insurance contracts does not relieve the Contractor or subcontractors from
liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement maybe funded
by fiscal assistance from another governmental entity, Contractor shall comply with all
applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs,
memoranda or other written documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of the work to be performed
hereunder or upon termination of the Agreement.
12. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws
applicable to the performance of the work hereunder, including, but not limited to, laws
prohibiting discrimination based on race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status or sex.
13. USE OF RECYCLED PRODUCTS. Contractors shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
Exhibit "D"
14. PROFESSIONAL SEAL. Where applicable in the determination of the contract
administrator, the first page of a technical report, first page of design specifications, and each
page of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the reportldesign preparation. The stamp/seal shall be in a block entitled "Seal
and Signature of Registered Professional with reportidesign responsibility" as per sample below.
Seal and Signature of Registered Professional with
reportldesign responsibility.
Exhibit "D"
RESOLUTION NO.00-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA MAKING ADJUSTMENTS TO THE
FISCAL YEAR 1999-00 BUDGET
WHEREAS, the City Council adopted Resolution No. 99-36 adopting the budget for Fiscal
Years 1999-00 and 2000-01 on June 16, 1999; and
WHEREAS, the Quito Road Bridge Replacement project is an approved capital project to
replace two existing bridges on Quito Road, and
WHEREAS, in October, 1999, Caltrans approved increased funding through the HBRR program
for engineering design services for the Quito Road Bridge Replacement project, CIP No. 9111;
and
WHEREAS, the fiscal year 1999-00 budget did not include sufficient funding to complete the
engineering design services, and requires an increase of $191,250, for a total project cost of
$265,000, and
WHEREAS, the City is required to contribute 6.67% to the cost of the project, totaling $12,756.
This will be funded by an operating transfer into the Street and Road Fund, which is supported
by the General Fund.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to increase
estimated revenues by $191,250 and appropriate the same amount to fund engineering design
services for the Quito Road Bridge Replacement project as follows:
FHWA
Refunds and Reimbursements
Operating Transfers Into Street Fund
Quito Road Bridge Replacement project
Revenues/
Fund Balance
150-3005-432-11.00 $153,000
150-1040-441-04.00 25,494
150-1040-421-03.00 12,756
150-9010-622-40.13 -9111
General Fund Balance 12,756
Operating Transfers Out of General Fund 001-1040-421-03.00
Expenditures
$191,250
12,756
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 19th day of May, 1999 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
MJW:mjw
12/9/1999
Mayor
QuitoRd 2