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HomeMy WebLinkAboutCity Council Resolution 564 WJML: KJmh ~-23-71-15 RESOLUTION NO. 564 A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS AND AUTHORIZING EXECUTION OF CONTRACT FOR ENGINEERING SERVICES SARATOGA CAMPUS RECREATIONAL FACILITIES ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, this Council has determined to undertake proceedings pursuant to appropriate special assessment and assessment bond acts for the acquisition and construction of public improvements in said City; WEEAS, the public interest and general welfare will be served by appointing and employing engineers and attorneys for the prepara- tion and conduct of said proceedings and work in connection with said acquisitions and improvements; NOW, THEREFORE, IT IS ORDERED, that 1. Mark Thomas ~ Co., Inc., Civil Engineers and Surveyors, San Jose, California, be, and is hereby appointed as Engineer of Work and employed to do and perform all engineering work necessary in and for said proceedings, including the assembly and preparation of the Engineer's report, estimate of cost, assessment diagram and assessment roll, inspection, setting grade stakes, supervision of work, and preparing, signing and filing cost certificates; that Harry F. Aumack, Jr., of said Mark Thomas ~ Co., Inc. or his autho- rized agent, be, and he is hereby designated to make and sign any certificate or document required to be made or signed by the Engineer of Work; and that compensation therefor shall be as set forth in the attached "Contract for Engineering Services" and made a part hereof by reference thereto. 2. The Public Works Director of this City is hereby directed to examine and approve the engineering documents and to provide the inspection of the installation of said improvements usual for his office to provide. The cost of said inspection shall be assessed as an incidental expense of said proceedings. B. That the law firm of Wilson, Jones, Morton & Lynch, San Mateo, California, be, and they are hereby appointed and employed to do and perform all legal services required in the conduct of said proceedings, including the preparation of all papers not required to be prepared by the Engineer (exclusive of printing), examining and approving the engineering documents as to legal sufficiency and advising the Engineer in the preparation of his work, advising all City officials on all matters relating thereto when called upon, and furnishing their legal opinion on the validity of said proceedings and bonds; and that compensation be fixed at two percent (2%) of the total assessment. It is intended that said percentage fees consti- tute full compensation for all legal services required to accomplish said project, except for litigation (other than validating suits prosecuted on the recommendation of said attorneys) and eminent domain proceedings. In the event such work is referred to said attorneys, compensation therefor shall be based on reasonable fees to be approved by the City Council. 4. The fees provided to be paid in Sections i and B hereof be assessed as incidental expenses of the proceedings and be paid from said assessments to'be levied and bonds to be issued and not otherwise. 5. The attached "Contract for Engineering Services" is hereby approved, and the Mayor is hereby authorized to execute said agree- ment on behalf of the City and the City Clerk is authorized and directed to attest his signature and to affix the corporate seal of the City thereto. I hereby certify that the foregoing is a. full, true and correct copy of Resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 17th day of March .... , 1971, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Councilmen Robbins, Smith, Dvzyer, Sanders, Bridges NOES, C ounc i lmen: None ABSENT, Councilmen: Nol'l,e, ,ga · l ........' .... Mayor CONTRACT FOR ENGINEERING SERVICES The following is an agreement among the CITY OF SARATOGA, "Cit" the WEST VALLEY JOINT California, hereinafter referred to as y , COMMUNITY COLLEGE DISTRICT, hereinafter called "College District", and MARK THOMAS · CO., INC., San Jose, California, hereinafter referred to as "Engineer of Work": W ITNES SETH: WHEREAS, Engineer of Work is a duly registered and quali- fied engineer, experienced in making surveys for all types of roadway parking, and recreational improvements, preparing plans and specifications therefor, and estimating costs thereof, and is experienced in all matters connected therewith, and has offered his services for the purposes specified in this agree- ment; and WHEREAS, lands of College District are proposed to be included in a special assessment district to be formed by City for the purpose of constructing and financing public improve- ments on said lands, identified as the "Saratoga Campus Recre- ational Facilities Assessment District", and herein called "Assessment District"; and WEREAS, in the Judgment of the City Council of said City, it is necessary and advisable to employ the services of said Engineer of Work f~r said purposes in connection with the Assessment District; NOW, THEREFORE, THE PARTIES ERETO AGREE, AS FOLLOWS: 1o Employment of Engineer of Work: City agrees to employ Engineer of Work, and Engineer of Work agrees to perform the duties of Engineer of Work in the special Assessment Dis- trict proceedings, and said Engineer of Work will perform engineering services for City in accordance with the provisions hereinafter contained in this agreement. 2. Duties of Engineer of Work: Engineer of Work agrees to prepare c. ertain plans and specifications and engineer's report for the construction of improvements as directed by the City Council of City. A portion of the plans and specifications will be prepared by Reid ~ Tarics, Architects, San Francisco, California, and acquired and administered by Engineer of Work as part of the Assessment District proceedings. In connection therewith, Engineer of Work shall also provide frequent consulta- tion service, interpret plans and specifications, prepare all assessment diagrams, boundary maps, estimates of cost, cost certificates, engineer's report, and other engineering documents and services relating to said special assessment proceedings. During construction, Engineer of Work shall provide inspection and construction stakeout services. 3- Sufficienc~ of En~ineerin~ Work: Engineer of Work agrees that all engineering work shall be proper engineering services, and shall conform to generally acceptable engineering practices. 4. Improvements Designed bY Engineer of Work -- Design Fee "A": The engineering services covered by Design Fee "A" do not include designs for those improvements to be designed by Reid ~ Tarics, or other consultants. Design Fee "A" covers such improvements actually designed by Engineer of Work, and shall include the following services: a) Preliminary work necessary to outline extent and type of improvements; b) Preparation of final plans and specifications; c) Preparation of quantity and cost estimates; d) Advice regarding award and execution of con- struction contract, including a certified bid tabulation; e) Checking working drawings required of the contractor; f) Consultation and advice during construction. The determination of Design Fee "A" shall be eight percent (8%) of the final contract construction price of those specific items designed by Engineer of Work. 5. Improvements Design..ed.....by Others -- Administrative Fee "B": Engineer of Work intends to acquire designs of a portion of the project improvements from Reid ~ Tarics and others to be included as part of the Assessment District proceedings. Engineer of Work shall administer and coordinate the inclusion of said designs of others (outside services) as ser- vices performed under Administrative Fee "B". The determination of Administrative Fee "B" shall be ten percent (10%) of the actual cost of the outside design ser- vices acquired. 6. ...EnSineering for Assessment District Proceedin~.s..-- Assessment Fee "C": This work includes the following: a) Preparation of assessment boundary map and assessment diagrams and engineer's report. b) Computing preliminary and a final assessment spread. c) Preparation of boundary descriptions of Assess- ment District for use by bond counsel. d) Preparation of the assessment roll, and such other documents as may be necessary in Assess- ment District proceedings. e) Establish and certify as to value of improve- ments to be acquired through Assessment District proceedings. f) Attend informal and formal public meetings relating to the Assessment District proceedings. g) Carry out various duties of Engineer of Work relating to tabulations of project expenses. Payment for Assessment Fee "C" shall be on a time and materials basis in accordance with the fee schedule hereinafter set forth, but shall in no event exceed $3,500. 3 7. Inspection of the Work -- Inspectio.n.. Fee "D": The Engineer of Work shall provide inspection service for the con- struction of this project. All personnel performing this service shall be skilled in the professional calling necessary to perform their duties, and in the event Engineer finds it necessary to employ personnel outside Engineer's organization for this service~ such employment shall be subject to the prior written approval of City. This inspection shall consist of~ but not necessarily be limited to, the following: a) Physically inspect the work of the construction to verify that the work performed is in accord- ance with the said plans and specifications. b) Assist in coordinating the work of the Con- tractor with utility company installations. c ) Prepare daily written reports on the contractor on the Job, his manpower, work performance, weather, instructions to contractor, unusual events, visitors, and the like. d) Prepare "punch lists". e) Make final inspection of the work. f) Hold Job conferences from time to time as may be necessary on the schedule of the various portions of the project. g) Certify progress payment requests of contractor. Payment for Inspection Fee "D" shall be on a time and materials basis in accordance with the fee schedule hereinafter set forth, but shall not in any event exceed five percent (5%) of the final contract construction price for work, inclusive of time extensions granted by City to the construction contract for inclement weather. Compensation for Engineer's services during time extensions otherwise granted by City or during periods beyond the time limit authorized by City to the con- struction contra~t shall not be limited to the five percent (5%) maximum amount. 4 8. Field Surveys for Construction -- Construction Survey Fee "E": Field surveys for construction of this project will be provided by the Engineer of Work. This work will establish horizontal and vertical controls along the line of work. .The extent of services provided shall be in accordance with customary practice. Also included in this work is the preparation of an "as-constructed drawing" at a scale of 1" = 50', indicating the final locations of the facilities constructed. Payment for Construction Survey Fee "E" shall be on a time and materials basis in accordance with the fee schedule hereinafter set forth, but shall not in any event exceed two and one-fourth percent (2-1/4%) of the final contract construction price of the work. 9. Time and Material Fee Schedule: a) Personnel Services: l) 2.5 times salary cost. Salary cost is defined as total hours worked times the employee 's rate of pay on an hourly basis. All time spent in connection with the project by executive, professional, sub- professional, technical, and clerical employees will be included therein. 2) Overtime premium (overtime hours worked times the differences between overtime and straight-time pay rates ) if City ' s requirements make overtime work necessary. 3) Principals of Mark Thomas ~ Co. Inc. at $21.00 per hour. b ) Transportation Expenses: Twelve cents (12¢) per mile for use of Engineer's vehicles in the performance of Engineer's work and services under this agreement. c ) Outside Services: Invoice cost of services and expenses actually charged to Engineer by outside consultants, pro- fessional, or technical firms, approved by City and necessarily engaged in connection with the performance of Engineer's work and services under this agreement, plus ten percent (10%) overhead costs. 5 lO. Printing.. of Plans and Sp.eC.ifications: Printing of final plans and specifications pertaining to the Assessment District project construction shall be paid for by the City at actual cost of reproduction and assembly, plus ten percent (10%). ll. Schedule of Payments for Services: Engineer of Work shall be paid as follows: a) For Desi~.n Fee "A": Ninety-five percent (95%) of the amount of the fee earned shall be due upon the date of award of the construction contract. Five percent (5%) of the amount of the fee earned shall be due upon final acceptance of the project by the City. b) For Administrative Fee "B": Ninety-five percent (95%) of the amount of the fee earned shall be due upon the date of award of the construction contract. Five percent (5%) of the amount of the fee earned shall be due upon final acceptance of the project by the City. c ) For Assessment Fee "C ": One hundred percent (100%) of the portion of the fee earned at the date of award of the construc- tion contract shall, at that time, be due. Following the date of award of the construction, monthly progress payments shall be made for any additional services performed. d) For Inspection Fee Progress billings are to be made once each BO days following the award of the construction contract, and shall not exceed 90% of the maximum stated for Inspection Fee "D", until final acceptance of the construction work by the City. e) Construction Survey Fee "E": Progress billings are to be made once each BO days following the award of the construction contract, and shall not exceed 90% of the maxi- mum stated for Construction Survey Fee "E", until final acceptance of the construction work by the City. 6 12. Advances by College District: The duties and services to be performed by Engineer of Work under this agreement are for the benefit of the properties to be included in the Assessment District, all of which are owned by College District. Assessment District funds will not be available until after sale and delivery of bonds to be issued to represent unpaid assessments in said proceedings. Therefore, any of the foregoing payments which are due and payable before such Assessment District funds are avail- able shall be advanced to Engineer of Work by College District~ subject to reimbursement by the City from proceeds of assessments and sale of assessment bonds when available. All payments which are due and payable after said Assessment District funds are available to the City shall be paid by the City from such Assess- ment District funds. All obligations of the City under this agreement are payable solely from the proceeds of assessments and male of assessment bonds and not otherwise. 13. E.p~eer of Work Is Not Employee of City: It is understood that Engineer of Work is not acting hereunder in any manner as an employee of City or College District, but solely under this agreement'as contract engineer, and neither City nor College District shall under any circumstances be liable to said Engineer of Work, or any person or persons acting for or under him, for any death or injuries received or claimed, and said Engineer of Work agrees to hold City and College District and their respective officers, agents and employees~ and each of them~ harmless for any and all liability arising out of the performance of this work which is the result of negligence, error, or omis- sion of said Engineer of Work. 14. Termination of Contract: In the event the Assessment District proceedings herein mentioned are terminated or abandoned by the City prior to the consummation thereof~ the Engineer of Work agrees that the City will not be held liable for any fees in connection with the work performed, and Engineer of Work will look solely to College District for compensation hereunder. Should the construction contract be awarded and the project then terminated for reasons under control of City, City shall pay one hundred percent (100%) of all engineering fees earned to the date of termination to the Engineer of Work. 15. Scope of Agreement: This writing constitutes the entire agreement among the parties relative to the engineering services, and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by all parties to this agreement. There are no understandings, agreements, conditions, representations, warranties, or promises, with respect to the subject matter of this contract, except those contained in this writing. IN WITNESS WHEREOF, the parties hereto by their representa- tives thereunto duly authori~-ed, have executed this agreement, all as of this /~ day of ~.~ .... , 1971. CITY OF SARATOGA, California ATTEST: ~J ~ By e  M~yor WEST VALLEY JOINT COMMUNITY COLLEGE DISTRICT. By .... ~hairm~ 'c~o~'e~ning Board ry MARK & CO., INC. By President By ; 8