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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;;' ~'