HomeMy WebLinkAboutCity Council Resolution 2473 2473.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AGREEMENT FOR ENGINEERING SERVICES
VILLAGE PARKING DISTRICT NO. 3
The City Council of the City of Saratoga resolves:
This Council approves that certain agreement between the
City of Saratoga and R. C. SMITH ENGINEERS, INC., for services as
Engineer of Work for Village Parking District No. 3 City of
Saratoga; Santa Clara County, California, dated th~eh day of
....... April , 1988, and attached to this resoluti~
The Mayor is authorized to sign the agreement and the City
Clerk is authorized to attest its execution.
, , ,
The above and foregoing resolution was passed and adopted
at a regular meeting of the Saratoga City Council held on the 6th
day of April, 1988, by the following vote:
AYES: Councilneanbers Anderson, Clevenger, Hlava, Moyles and Ma~vor Peter~n
NOES: None
ABSENT: None
.ATTEST:
Deputy
AGREEMENT FOR ENGINEERING SERVICES
1988, by and between the CITY OF SARATOGA, hereinafter referred t~ as "CITY"
and R.C. SMITH ENGINEERS, INC., herelnafter referred to as "ENGINEER", whose
address is 3350 Scott Bird., Suite 1501~ Santa Clara, California, 95054.
WITNESSETH:
WHEREAS, CITY desires to secure professional engineering services
necessary for the design and construction of the Village Parking District
Number 3. The improvements include the construction of a public parking lot
for approximately 200 cars to serve the commercial businesses along Big Basin
Way, and for the purposes of this AGREEMENT shall be call the "Project"; and
WHEREAS, ENGINEER is willing and qualified to do said engineering work;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements herein set forth, the parties do hereby agree as fol. lows:
ARTICLE I. ENGINEER'S SERVICES
ENGINEER, at ENGINEER'S sole cost and expense shall perform the services
described in Exhibit A attached hereto,~
ARTICLE II.. DUTIES OF ENGINEER
Item A. Upon execution of the AGREEMENT, ENGINEER shall commence with
the performance of ENGINEER's services specified under Item I. "Preliminary
Assessment District Work" of Exhibit A and shall complete such services within
30 calendar days after commencement of such services.
ENGINEER shall not commence the performance of ENGINEER's services
specified under Items II and III of Exhibit A until receipt ofwritten notice
from the City Engineer to proceed with such services. Upon receipt of such
notice from City Engineer of Public Works to proceed with such services,
ENGINEER shall commence with the performance of-ENGINEER's services specified
under Item II of Exhibit A and shall complete such services within 150
calendar days after commencement of such services.
Item B. At such times as CITY requests, ENGINEER shall attend
conferences with representatives of such other public entities or private
entities as the CITY may designate, to consult and advise on ENGINEER's
services and the progress thereof,
Item C. ENGINEER shall make reports and attend hearings and meetings
relative to the approval of the design, construction and intended use or
function of said project as required by any department, commission, agency or
agencies having jurisdiction thereof including review of final plans and
design criteria with the CITY.
Item D. ENGINEER shall employ, at its own expenser Geotechnical
Engineers, Landscape Architects, Surveyors or other consultants and other
persons necessary to perform any of the services or duties agreed to be
performed by ENGINEER under the terms of the AGREEMENT. ENGINEER shall remain'
.responsible for all work performed by such consultants.
Item E. ENGINEER shall obtain, and keep in full force and effect,
workers compensation insurance necessary in connection with the performance of
this AGREEMENT to protect itself and i~s employees under the Workmen's
Compensation insurance and Safety Act.
Item F. ENGINEER shall indemnify and hold CITY, its officers, officials,
agents and employees harmless from and against any an 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 ENGINEER of his
services hereunder, and CITY shall not be liable for any acts or omissions of
ENGINEER.
Item G. CITY's request for proposal and ENGINEER's proposal are made
part of this agreement by reference.
ARTICLE III. DUTIES OF CITY
Item A. CITY shall obtain all necessary rights of entry to enable
ENGINEER to enter upon public and private property as required in the
performance of its services under this AGREEMENT.
Item B. CITY shall provide such preliminary title reports as may be
reasonably necessary for ENGINEER's use in the performance of its work.
Item C. CITY shall furnish appraisals and negotiate acquisitions of
rights-of-way to be acquired.
ARTICLE IV. MISCELLANEOUS PROVISIONS
Item A. ENGINEER shall not assign any rights or duties under this
AGREEMENT to a third party without the prior written consent of CITY.
Item B, ENGINEER is, and at all times shall remain, an independent
contractor, and not an agent, officer or employee of CITY, As such
independent contractor, neither ENGINEER 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, ENGINEER 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.
Item C. ENGINEER is skilled in the professional calling necessary to the
services and duties agreed to be performed by ENGINEER, and the CITY (not
being skilled in such matters] relies upon the skills and knowledge of
ENGINEER.
Item D, The parties hereto agree to immediately and diligently proceed
with their respective duties as set forth herein to the end that the Project
will be completed satisfactorily within the shortest reasonable time.
Item ~ The CITY acknowledges that the ENGINEER's plans and
specifications are instruments of professional service, Nevertheless, the
plans and specifications prepared under this AGREEMENT shall become the
property of the CITY upon completion of the work and payment of all fees due.
In the event the CITY desires to reuse the plans, specifications or other
contract documents in total or in part on any other site, the CITY agrees to
hold harmless and indemnify the ENGINEER against all damages, claims, and
losses including defense costs, arising out of any reuse of the plans and
specifications, unless the CITY enters into an agreement with the ENGINEER for
services in connection therewith.
Item F, This AGREEMENT may be terminated by City without cause upon
fifteen (15) day's written notice to ENGINEER. Monies then owing based upon
work satisfactorily accomplished shall be paid to ENGINEER.
Item G. The terms, covenants and conditions of this AGREEMENT shall
apply to, and shall bind, the heirs, successors, executors, administrators,
assigns and subcontractors of R.C. Smith Engineers, ENGINEER.
Item H. The waiver by either party of any breach or violation of any
term, covenant or condition of this AGREEMENT, or of any provision, ordinance
or law or of any subsequent breach or violation of the same or of any other
term, covenant, condition, or ordinance or law shall not constitute a waiver
of the right to later enforcement of the same. The subsequent acceptance by
either party of any fee or other money which may become due hereunder shall
not be deemed to be a waiver of any preceding breach or violations by the
other party or any term, covenant or condition of this AGREEMENT or of any
applicable law or ordinance.
ARTICLE V. ENGINEER'S FEE
Item A. Design Services. CITY agrees to pay ENGINEER, for and in
consideration of the faithful performance of all the services and duties"set
forth in Article I, Exhibit A, Items I,I! end III, and APticleI!, Items A, B,
C, D, and E of this AGREEMENT, and agreed to be performed by ENGINEER, and
ENGINEER agrees to accept f=om CITY as and for full compensation for the
faithful performance of all of said services and duties the following lump sum
amounts of money:
Item I - Preliminary Assessment District Work $ 4,000
Item II - Initiate Special Assessment Dist=ict Proceedings
and Design Project $61,200
Item III- Construction of Improvements $21,300
Said fee shall be full compensation to ENGINEER for all costs to ENGINEER
of said seTvlces and duties set forth in Article I, Exhibit A, Items I through
III, and Article II, Items A through E and heroin agreed to be performed by
ENGINEER, including but limited to, cost of labor and services of employees
and consultants engaged by ENGINEER, traveling expenses, long distance
telephone calls, typing, duplicating, and all items of general overhead.
Item B. Additional Services. ENGINEER shall be paid a fee determined by
multiplying the number of hours expanded by ENGINEER for any work mutually
agreeable to both parties to this AGREEMENT, which is not specified in Article
I, including but not limited to testimony in Cou=t if requested by CITY and to
any changes to or reperformance of ENGINEER's work after approval by CITY of
the preliminary or final plans, which said testimony, changes or reperform~nce
shall be considered additional services for the purposes of this AGREEMENT, by
the hourly rates of the Charge Rate Schedule which are in effect at the time
when such services and duties are performed. The current Charge Rate Schedule
is attached hereto as Exhibit B.
ENGINEER.shall perform additional services only upon receiving ~ written
request therefor from City Engineer.
Item C. Payment of ENGINEER's Fee. At the end of each four-week period
during the term of this AGREEMENT, ENGINEER shall prepare an itemized bill in
accordance with conditions set forth in Article V and showing the percentage
of work completed for each lump sum item during the month for which the bill
is submitted. CITY shall within thirty 130} days after submission of said
bill pay to ENGINEER the sum indicated thereon if It finds the bill is co[tact
and if the services described therein have been satisfactorily performed
pursuant to the terms of this AGREEMENT.
ARTICLE VII. NONDISCRIMINATION
During the term of the AGREEMENT, ENGINEER agrees in accordance with
Section 1735 of the Labor Code of the State of California nol to discriminate
against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical handicap, medical
conditions, sex or marital status. ENGINEER will take affirmative action to
insure that applicants are employed and that employees are treated during
employment without regard to their race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, sex or marital status.
ARTICLE VIII. ATTORNEY'S FEES
In the event of litigation between the parties over the responsibilities
of ENGINEER or payment terms described in the AGREEMENT, the prevailing party
shall be entitled to recover its reasonable attorneys fees incurred therein.
IN WITNESS WHEREOF, CITY and ENGINEER have executed this AGREEMENT on the
day and year first herein written.
By '
(SEAL) ENGINEER:
R. C. S H ENGINEER
/'-~I'preside~~
EXNIBIT A
SCOPE OF SERVICES
VILLLAGE PARKING DISTRICT N0.3
CITY 0F SARATOGA
PROJECT SCOPE
The construction of a public parking lot for approximately 200 cars to
serve the commercial businesses along Big Basin Way, City of Saratoga,
California.
SCOPE OF SERVICES
I. Preliminary Assessment District Work
A. Meetings with City Engineer, Bond Attorney, Engineer of Work and
other city personnel to agree on best possible approach to initiate
district.
B. Engineer of Work develop scope of improvements and associated costs.
In conjunction with City develop land costs and develop a
preliminary Engineer's cost estimate for the entire district
including represen-tative spread of assessments.
C. City Engineer, Bond Attorney, Engineer of Work and any additional
City personnel {City Manager, Mayor, etc.) meet with the Merchants
involved to review project, explain Special Assessment Proceedings
and, if possible, have petition to initiate district signed.
II. Initiate Special Assessment District Proceedings and Design Project.
A. City Council accept Petition and initiate proceedings.
(Appoint Attorney, Appoint Engineer of Work, etc.)
B. Topographic Survey.
C. Soils Investigation.
D. Preparation of Plans, Specifications and Construction Cost Estimate.
E. Prepare Engineer's Report.
1. An assessment giving the proposed assessment of the total cost
and expenses of the improvements in proportion to the estimated
benefits to be received-by the various subdivisions of the land
within the district.
2. Rules of the Spreading of Assessments.
3. Engineer's estimate of cost of acquisition and improvements
together with incidental expenses in connection therewith,
4.The Recorded Boundary Map showing the boundaries of the
district.
5. Assessment Diagram.
F. Prepare Acquisition plats and description.
G. Submit Plans, Specifications and Engineer's Report to City and have
City Council set Public Hearing.
H. Advertise for Construction Bids and Bids on Bonds,
I. City Council Conduct Public Hearing - Set assessments, award
construction contract and award bonds.
III. Construction of Improvements
A. Construction Administration
B. Construction Staking
C. Upon completion of construction set property corners and file a
Record of Survey.
EXHIBIT B
R.C. SMITH ENGINEERS, INC.
PER DIEM FEE SCHEDULE
Principal Engineer ........................................ $ 75.00 per hour
Project Manager ........................................... $ 65.00 per hour
Senior Engineer ........................................... $ 55.00 per hour
Associate Engineer ........................................ $ 45.00 per hour
Assistant Engineer ........................................ $ 35.00 per hour
Junior Engineer ............................................ $ 30.00 per hour
Engineering Technician .................................... $ 45.0.0 per hour
Computer Drafter ......................................... S 40.00 per hour
Senior Drafter ......................................... $ 35.00 per hour
Drafter ................................................. $ 30.00 per hour
Junior Drafter ......................................... $ 25.00 per hour
Technical Word Processor ............................... $ 28.00 per hour
Clerical ............................................... $ 23.00 per hour
O__%her ,Servic_!~
Court Appearances/Depositions [minimum chargesJ - $400'/hatf day, $.800/full day
Preparation at applicable hourly rates.
Consultants, Special Equipment, Reproductions, Materials
and Other Outside Charges ........ ~ ................... Cost Plus 10%
Automobile Transportation ................................. $ 0.25 per mile
Effective January 1, 1988 to December 31, 1988
ASSOC rA BD CONSUL 4NTS G OU ,
EXHIBIT B
DF:(~F::'IIE;M(~I\I ' $42.5C~ PER HDLIR
[:c.~ur"'l: appeal'-ar~ces/Depo,z.~Lt:~.or~.~ (m.tnimum char'ge)
day,,, 'l~..f.c>O0/.f'u]] day.; F:'repar"atcj. c~r~
F I EI...D SURVEY SERV ICES
2-...Har~ f:E~urvey F'ar'Ly(~.nc lL~d.i. ng El)t1 eqLt.tpn~P. nt)
S'-'Man E~LIr'V~..?V F'ar'ty ( inc ZLU:Ij.r~C:I EDIt eqL~ipm~.ent ) $].'55 . O0 F'E:.R H(]IJR
~ui:cu:~c}b L J. e Tr'arlspor'tat ~.c:~n $ O. $5 pL~l~ m~. 1 e
OVER'T'i ItE FEE .TS HCIURLY FEE TIMES ~.30.
S L.I B 3 1~!: I:: 'l 1' C) R E V ]: E.i I: [:1N A N r,I 1. J A L L.. Y El / .L / El 7
EXHIBIT B
BERLOGAR GEOTECHNICAL CONSULTANTS
FEE SCHEDULE - 1987
GENERAL Bitring
~/Hr,
~rtnc~pnl [n~ineer~ and Ceo~ogl~tl ............ $110.00
Senior Engineers and Geologists ............. 84.00
Project Engineers and Ceoiogists ............. Z~.O0
Staff Engineers and Geologists . .' ............ 69.00
Supervising Technicians ................. 75.00
Laboratory 1ethniclens .................. 64.00
Senior Engineering Technicians ............. 6~.00
Engineering Technicians ................. 58.00
Draftsman ........................ 55.00
CiericaL ]5.00
Outside Services ..................... Cost PLus
Mileage ......................... $ .]S/mite
Nuclear Density Gauge (2 hour minimum) .......... 6.00
Proton Hagnetometer ................... $ 85.DO/day
Re~rac~ton Seismic T~mer ................. $ aS.DO/day
SLope Indicator ..................... $105.0O/day
Sondex Instrument .................... $ 75.DO/day
Overtime ~ork performed .at the request of the client or necessitated by
contractor working evertime ~iiL be billed at 1.5 times the hourly rates
listed above.
Court appearance C~nciuding deposition), minimum charges: SYOO/haLf day;
$1,20O/fulL day; preparation at applicable hourly rates.
Project related costs including: Printing and ~eproduction,
Special Fees, Permits or insurance, Telegrams, Telephone,
Shipping, Equipment Rental, Heats and Lodging and other simi'Ler
items are billed at cost plus 15 percent. Copies of previously
issued reports of up to 50 pages wilt be billed at $30.00 for the
first copy, and $~0.00 For each 'a~ditionaL copy. Specific quotes
for Larger reports and/or reports containing drawings Larger than
B% by 11 inches.
A ne~ Fee Schedule is issued at the beginning of each year. Unless other
arrangements have been made, charges for all ~ork performed after
DecemSer ]1, 1987 (including projects initiated in the prior year) ~iLL be
based on the ne~ schedule of charges."
ON'SITE INVESTIGATION CO~OJTION~
~a) CLient shall indicate to ConsuJtant the property tines and'is responsible for accuracy of
markers.
(b) CLient shaLL grant free access to the site for art necessary equipment and personnel. The
CLient shaLL notify any and all 9oasessots of the proje;t site, ~hether they be LawfulLy or unLaw-
fully in possession, that CLien~ has granted Cdnsultant free access to the project site, and
CLtent shall secure permlsslon (and any permits) necessary to sL[o~ consultant free access to the
project site at n6 charge to ConsuLtant unless specifically agreed to otherwise in the tatter of
proposal attached hereco.
(c) CLient shall take steps ~o see that the property is protected inside and out, including all
Landscaping, shrubs and flowers, and Consultant ~{tL not be responsible for damage to ta~ns,
scrubs, Landscapes, ~aLks', sprinkLe~ systems, or underground utilities and insCollations cauSeJ by
movement of earth or equipment.
(d) CLient shall Locate for Consultant and shall assume responsibility for the accuracy of his
representatives as to the Locations of all underground utilities and installations. Consultant
~iLt not be responsible for damage to any such utilities or installations not so Located, and any
such damage may, at ConsuLtant's option, be repaired by Consultant and billed e: cost plus 15
percent to CLient. Such costs are in addition to the fees defined by the proposal of ~hjch this
Fee Schedule is a pact.
(e) Consultant ~iLt make borjngs and/or trenches during. subsurface exploration cf the site.
Consultant ~iLL attempt to backfill all borings and/or trenches but ~iLL make no attempt to
compact said backfill so ic is probable that settlement of the backfill will occur. CLient hereby
agrees to accept all responsibility for conditions related to backfill settlement. [f Client
requests, Consultant ~iLt retain a third party to compact such backfill. 1he charges thereof ~i~L
be b(tLed to the CLient at cost plus 15 percent. Such charges are in addition to any amounts
previously authorized by the CLient.
if) ALl samples of soil or rock ~[[[ be discarded thirty days after submission cf our report
LABORATORY TESTS
{Unit charge for Laboratory testing including the norma~ Laboratory ~orE and reporting of results
only. Unusua[ or time-consuming sample preparation o? spectat tests are billed at hourly charge
for the laboratory technician. Charges for testing which are not listed will be given upon
request. Similarly, a reduction of the fee schedule r~te can be g~ven for a large number
tests).
BIlling Billing
Rate/Test ~a~eZT~s~
Ciassification Tests Strength Tests
Attarberg Limits (Pl & LL) . . . $ 85 Direct Shear (per point) ...... $ 30
Sieve Analysis ......... 65 Trlaxlat Compression
Percent Passing ~200 Sieve . . . 32 a. IX/UU ..........
Hydrometer Analysis ...... 78 b. TX/UU/S (backsaturated) . 142
Sand Equivalent ........ 69 c. TX/CU .......... 153
Specific Gravity ........ 85 d. TX/CU/S ......... 195
8uik Specific Gravity ...... 72 (Add S50.C0 for Pore
Hoisture Content/Unit Weight . . g pressure reading)
CompariSon Curves' e. TX/CD .......... 153
a. 4" mold ........ 130 Unconfined Compression ......
b. 6" mold ........ 155 Consolidation Testl
c. Cal impact (.el) . . . 1~0 Conso|idation Test .........
d. Cat Impact (dry) . , . 155 Consolidation lest uith time
e. 1 Point Verification.. 55 compression curve ~ot ....
Durability Factor One point consot ..........
a. Fine ......... 123 S~eLl Test
b. Coarse ........ 99 a. Undisturbed .......
R-Value lasts b. Remolded ........ 103
Not requiring repropor;toning.. 173
Requiring reproportioning ....
Cement, lime, other ....... 19~
SPECIAL CONDITIONS
in the event that the Client requests termination of the ~ork prior to completion of a report,
reserve the right to complete such analyses and records as are necessary to place our files in
order and, ~here considered by us necessary to proCart our professional reputation, to complete a
report on the ~ork performed to date. A termination charge to cover the cost thereof in an anmunt
not to exceed 30 percent of all charges incurred up to date of the stoppage of the ~or'k may, at
the discretion of BERLOCAR CEOTECHN[CAL CONSULTANTS, be made.
Art ~ork Including letters and reports prepared by BERLOGAR GEOrECHNICAL CONSLILTANTS that{ remain
the sole property of BERLOGA~ GEOTECN~ICAL CONSULTANTS unt~.t payment in lull is received.
L]M]TAT[ON~
BERLOGAR GEOrEC~NlCAL CONSULTANTS provides services in the field of
Soil Engineering Engineering Geology, in accordance with presently
accepced professional practices. No ~arrsnty, either expressed or
implied, is granted as part of performance of our .ork.
For any damage on account of any error, omission or other professional negligence, cur liability
Hilt be Iimited to a sum of I50,000 or our fee, ~hichever Is greater.
in the event the Client makes a claim against BERLOGAR GEOTECHNICAL CONSULTANTS at ta~ or
otherMiss, for any alleged error~ omission or other acts arising out of the performance of our
prolessiona[ services, and the Client falls to prove such c~a[m, then the Client shall pay
costs Incurred by BE~LOGAR GEOTECKN:CAL CONSULTANTS In defending itself against the c~aim.
8~LL[~G
Invoices ~itL be issued every month, payable upon receipt, unless otherwise agreed. C~[en~ agrees
to pay on receipt at~ invoices 'not questioned ulthin 10 days after mailing by aERLOGAR
GEOTECHNiCAL CONSULTANTS. Any questions raised after this lO-day period wilt be answered by
BERLOGAR GEOTECHN[CAL CONSULTAN[$ and shoutd any credit be due, GERLOGAR CEOTECHNICAL CONSULTAN]S
~lLl apply the credit to future invoices, or If requested by CIfent, refund Ray' amol.~r~t due.
A service charge of 2 percent per month (but not exceedtr~ the maxi~,~ rate a~to~b~e by la~) ~iLL
be payabie on any amounts not ~atd within 30 days, payment thereafter to be applied first to
accrued interest and then to the principal uApaid amount. Any attorney's fees or dtt'ler costs
!ncurred ~n coOLer:lag an'F delinquent ,.'smcunt sha't t p, 3r":! }! :l;;' ~'