HomeMy WebLinkAboutReso - CC - 087-1998RESOLUTION NO. 87-98
AUTHORIZING AGREEMENT FOR LANDSCAPE
ARCHITECTURAL AND ENGINEERING SERVICES
STREETSCAPE IMPROVEMENTS FOR BROADWAY AND BURLINGAME AVE.
COMMERCIAL DISTRICTS (FISCAL YEAR 98/99)
CITY PROJECT NO. 9511
RESOLVED, by the CITY COUNCIL of the City of Burlingame, California and this
Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS:
1. The public interest and convenience require execution of the agreement cited in
the title above.
2. The City Manager be, and he is hereby, authorized to sign said agreement for and
on behalf of the City of Burlingame.
3. The City Clerk is hereby ordered an
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that
the foregoing Resolution was introduced at a regular meeting of the City Council held on the
3rd day of August , 1998, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
F:\APUBLICWORKSDIR\FORMS\GENERAL\RESAGRMT.GEN
AGREEMENT FOR LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES
STREETSCAPE IMPROVEMENTS FOR BROADWAY AND BURLINGAME AVE.
COMMERCIAL DISTRICTS (FISCAL YEAR 98/99)
CITY PROJECT NO. 9511
THIS AGREEMENT, made in duplicate and entered into this day of
, 1998, by and between the CITY OF BURLINGAME, a municipal corporation,
hereinafter referred to as "CITY", and GATES AND ASSOCIATES, hereinafter referred to as
"CONSULTANT":
WITNESSETH:
WHEREAS, CITY is desirous of employing CONSULTANT to provide services
hereinafter set forth; and
WHEREAS, CONSULTANT has submitted a proposal to CITY wherein it represents that
it is qualified and competent to perform such services and CITY proposes to employ
CONSULTANT to perform such services pursuant to the terms and conditions hereinafter set
forth:
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. Employment
CITY employs CONSULTANT to perform the services set forth in EXHIBIT "A"
and CONSULTANT accepts such employment and agrees to perform such services.
,A"
2. Term of Agreement
Said services shall continue until the completion of the tasks set forth in EXHIBIT
3. Compensation
Payment is to be based on hourly rates plus expenses to a maximum amount as
indicated in EXHIBIT "A". Compensation under this AGREEMENT shall not exceed
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SIXTY EIGHT THOUSAND AND FIFTY DOLLARS AND NO/100 ($68,050.00) unless
authorized in writing by both the CITY and CONSULTANT.
WOW
Monthly billings will be paid by the City within thirty (30) days of invoice date.
4. Schedule
Phase 1 bidding for all 98/99 streetscape projects shall be complete by February 1,
5. Termination
(a) CITY shall have the right to terminate the AGREEMENT at any time upon
written notice to CONSULTANT.
(b) In the event of such termination, CITY shall pay CONSULTANT its
compensation for all services provided under this AGREEMENT to the effective date of
termination, in accordance with EXHIBIT "A".
(c) In the event that CONSULTANT shall fail or become unable for any reason
to provide and complete the services required to be provided by it hereunder, CITY may forthwith
terminate this AGREEMENT by written notice. In the event of such termination, CITY shall pay
CONSULTANT its compensation for all services provided to the effective date of termination.
Should CITY employ others to complete the work of this AGREEMENT, any costs of such work
over the amounts set forth in this AGREEMENT, any cost of such work over the amounts set
forth in this AGREEMENT shall be deducted from compensation owed CONSULTANT under
this paragraph.
6. Delays
CONSULTANT shall not be responsible for any delays in the performance of its
services hereunder caused by strikes, action of the elements, acts of any government, civil
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disturbances or any other cause beyond its reasonable control, or for the expenses or consequences
arising from such delays.
7. Reliance on Professional Skill of CONSULTANT
It is mutually understood and agreed that the CONSULTANT possesses the
necessary professional skills to perform the services identified in this agreement and that the CITY
relies upon the skill of the CONSULTANT to do and perform its work.
8. Relationship of Parties
(a) It is understood that the contractual relationship of the CONSULTANT to the
CITY is that of independent contractor and all persons working for or under the direction of
CONSULTANT are its agents, servants or employees, and not agents, servants or employees of
CITY.
(b) CONSULTANT shall function as technical representative of CITY and all of
his activities under this AGREEMENT shall be carried out under the general supervision of the
City Director of Public Works. CONSULTANT'S records and correspondence concerned with
and pertinent to the project shall be available for review by the City Director of Public Works or
his representative.
(c) On completion of work, all original data, forms, plans, and specifications shall
become the property of CITY.
(d) CONSULTANT shall indemnify, defend and hold harmless CITY from and
against any and all liability, rising from negligent acts, errors or omissions of CONSULTANT
or his agents, in connection with the performance of the AGREEMENT, excepting only such
injury or harm as may be caused solely by an act or omission of the CITY.
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9. CONSULTANT'S Insurance
CONSULTANT shall not commence work under this contract until he shall have
obtained all insurance required under this section. All liability insurance shall provide that
CONSULTANT'S coverage shall be primary and shall name City as an additional insured.
(a) Worker's Compensation Insurance CONSULTANT shall take out and maintain,
during the life of this contract, workers' compensation insurance for all his employees employed
upon City property. CONSULTANT shall indemnify City for any damage resulting to it from
failure of CONSULTANT to take out or maintain such insurance.
(b) Public liability and property damage insurance. CONSULTANT shall take out
and maintain during the life of this contract such public liability and property damage insurance
as shall protect City, its elective and appointive boards, officers, agents and employees and
CONSULTANT for damages for personal injury, including death, as well as from claims for
property damage which may arise from CONSULTANT'S operations under this contract, whether
such operation be by CONSULTANT or by anyone directly or indirectly employed by
CONSULTANT, and the amounts of such insurance shall be as follows:
1. Public Liability Insurance. In an amount not less than $100,000 for
injuries, including, but not limited to death to any one person and, subject to the same limit for
each person, in an amount not less than $300,000 on account of any one occurrence.
2. Property Damage Insurance. In an amount of not less than $50,000 for
damage to property of each person on account of any one occurrence.
(c)CONSULTANT shall carry professional liability insurance in limits not less than
$500,000 per occurrence and in the aggregate except for Kavanaugh Engineering where
professional liability insurance limits will be not less that $500,000 per occurrence. All insurance
shall be primary.
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10. Proof of carriage of insurance.
CONSULTANT shall furnish satisfactory proof of carriage of the insurance
required to City concurrently with the execution hereof. Each policy shall provide for at least ten
(10) days prior written notice to City of the cancellation of any policy during the period of this
contract. All insurance shall be primary.
11. Equal Emloyment Opportunity.
CONSULTANT warrants that it is an equal opportunity employer and shall comply
with applicable regulations governing equal employment opportunity. Neither CONSULTANT
nor its subcontractors do and neither shall discriminate against persons employed or seeking
employment with them on the basis of age, sex, color, race, marital status, sexual orientation,
ancestry, physical or mental disability, national origin, religion, or medical condition, unless based
upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing
Act.
12. Conflict of Interest.
CONSULTANT understands that its sole, professional obligation is to the City
under this Agreement. Should CONSULTANT become aware that it or any of its subcontractors
has acquired or become involved in any matter that constitutes a potential conflict of interest with
its obligations under this Agreement, it shall immediately disclose that potential conflict to the
CITY, and unless it obtains the written consent of the CITY to continue to have the potential
conflict, it or its subcontractor shall immediately divest or no longer participate in the matter or
divest itself of the interest that has constituted the potential conflict.
13. Waiver.
No failure on the part of either parry to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that parry may have hereunder, nor does
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waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent
breach of the same or any other provision of this Agreement.
14. Representatives of CITY and CONSULTANT
hereunder.
The City Engineer or his designee shall represent the CITY in all matters
The designated Project Manager for CONSULTANT is LINDA GATES/MICHELE
SCHOLZ who shall represent the CONSULTANT on all matters hereunder. The designated
Project Manager shall not be removed from the project without prior approval of CITY.
15. Project Management and Billings
During the course of the project and to support each and every invoice, the
consultant shall furnish control reports that shall include the following:
(a) A narrative progress report of specific accomplishments during the reporting
period, problems encountered or anticipated, plans for resolution of problems,
accomplishments scheduled for the next reported period, and results of any
significant activities.
(b) A cost report for each task showing:
1. Current period and cumulative expenditures to date.
2. Estimated cost to complete and at completion
3. Estimated date to complete.
4. Approved budget and approved contract amount.
5. A comparison of the estimated cost at completion with the approved budget to show
any variance.
Control reports are to be submitted monthly, together with invoice submittal, unless
directed otherwise by the City's project manager. The invoice shall be accompanied by a cost
9
breakdown showing specific persons and classification being billed for the period by task. Failure
of consultant to submit and update plans or furnish required reports as directed shall constitute
cause for suspension of payment of the invoices.
(c) Mark-up of subcontracted work shall be no more than 10 percent, and mark-up on
any materials, supplies, and services shall be no more than 5 percent. There shall be no separate
payments for local travel in the Bay Area, any phone service/calls, routine reproduction except
for printing of final contract documents, or other support costs for consultant or subconsultant.
16. Assignment
Neither CITY or CONSULTANT shall assign, sublet or transfer its interests in this
AGREEMENT without the written consent of the other.
17. Amendments
This AGREEMENT may be amended or modified by written agreement signed by
both parties. Failure on the part of either party to enforce any provisions of this AGREEMENT
shall not be construed as a waiver of the right to compel enforcement of such provision or
provisions.
18. Notices
All notices shall be in writing and delivered in person or transmitted by certified
mail, return receipt requested, postage paid.
Notices required to be given to CITY shall be addressed:
City of Burlingame
Department of Public Works
501 Primrose Road
Burlingame, CA 94010
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Notices required to be given CONSULTANT shall be addressed:
Gates and Associates
Attn: Linda Gates
2440 Tassajara Lane
Danville, CA 94526
Tel: 510/736-8176 Fax: 510/736-8184
19. Interpretation
As used herein, any gender includes each other gender, the singular includes the
plural, and vice versa.
20. Venue
The applicable law for any legal disputes arising out of this contract shall be the law
of the State of California, and the forum and venue for such disputes shall be the appropriate
Superior or Municipal Court in and for San Mateo County.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day
and year first above written.
CITY OF BURLINGAME
A municipal corporation
City Manager
ATTEST:
City Clerk
s:\apublieworks\author\jaueg\agr.511
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Approved as to form:
City Attorney
Consultant
Exhibit "A"
PRELIMINARY WORK PROGRAM
PHASE 1- STREETSCAPE DESIGN AND CONSTRUCTION DOCUMENTS
Task 1. Project Initiation
1.1 Project Management
• Meet with City Engineering Department and Planning Staff to review work program.
Define preliminary goals and objectives including project priorities, budget and
possible strategies for addressing design modification. In preparation for the
meeting, review existing documents (work already existing in regard to this project).
• Provide monthly status reports for the design and project development of the work
which include but are not limited to information on the -progress, costs to date on a
task basis, as well as any other information that may affect the project cost or
schedule.
1.2 Base Data Collection
• Perform design surveying and topographic services as required for the design.
• Obtain available base data from City including 'As -Built' plans and City standards,
etc.
• Prepare project base map.
• Visit site to assess existing conditions - sight -lines, adjacent uses, health of existing
vegetation, overhead and underground utilities, street lights, utility boxes, signs, etc.
• Review location and size of existing easements and utilities - water, sewer, storm
drainage and electrical, with the City to identify potential connection points and
project constraints. City to provide information regarding adjoining location and
size of easements and utilities.
PRODUCTS:
Refined Work Program and Project Schedule
Base Map
MEETINGS:
Staff Meeting
Task 2. Pre -Design
2.1 Design Alternatives
• Consult with City Engineer to develop final curb configuration at bulb -outs, parking
standards, etc.
f�9
• Prepare plans exploring two (2) design alternatives for each site. Prepare
preliminary details of streetscape elements (seatwalls, monoliths) and identify
materials for paving, street trees and planting areas.
• Develop cost estimate for each alternative.
• Review alternatives with City Staff to obtain direction for evolution of a single
design concept.
2.2 Community Outreach
Facilitate a meeting for each area with property owners and merchants to review
streetscape design. Chalk possible tree locations on sidewalk and conduct a field trip
to review. --
2.3 Presentation
• Refine plans based on community input. Prepare final colored design plan and
sections indicating design concepts and update the cost estimate.
• Present plans to City Council.
• Document review comments.
PRODUCTS:
Design Alternatives
Cost Estimates
Merchants/Property Owners Meeting Material
Presentation Drawings
MEETINGS:
Staff Meeting
Merchants/Property Owners
City Council
Task 3. Construction Documents
3.1 50% Submittal
• Based on Council approval, the Consultant Team will prepare construction
documents. The construction documents will include the following plans and related
details and specifications:
• Submit preliminary construction documents and cost estimates to the City for review
at 50% stage, including:
• Demolition Plan - removal of trees, curbs, light poles, paving and other
surfacing, while identifying existing elements including utilities, vaults to
remain.
• Layout Plans - including location of bulb -out, bollards, curbs, gutter,
sidewalks, handicap ramp, asphalt paving, stripping, light standards, site
furniture and tree grates.
• Utility Plan - indicating stone drainage system (on Burlingame only), utility
connections, etc.
• Electrical Plan - for street lights and irrigation controllers.
• Grading Plans - indicating grading of parking area and sidewalk to conform
with existing doorways. Drainage through bulb -outs and new storm drain
connections as necessary.
• Planting Plan and Details - indicating size, quantity and genus species of
proposed plant material.
• Irrigation Plan and Details - showing location of all irrigation heads, valves,
piping, controllers, water meters, etc.
• Construction Details - for paving, curbs, site furniture, ramps, planters, special
paving and other special features.
• Technical Specifications.
• Construction Manager Constructability Review.
3.2 90% Submittal
• Meet with City to review plans and obtain comments.
• Finalize plans for 90% review.
• Prepare an itemized opinion of probable cost, including quantities and estimated
costs for review and prioritization.
• Construction Manager constructability review.
3.3 100% Submittal
• Meet with City to review plans and obtain comments.
• Complete redlined comments.
• Submit final 100% drawings with engineer's estimate.
3.4 Construction Schedule
• Develop an initial plan for routing traffic and phasing construction activities to
minimize disruption of residents.
Identify indirect costs associated with staging of construction (traffic control,
temporary walks, barricades).
PRODUCTS:
50%, 90% and 100% Plans and Specifications
Engineer's Estimate
Construction Schedule
MEETINGS:
Meetings
Task 4. Construction Services
4.1 Bidding
• The Consultant Team will assist the City during the bid process by:
• Attending pre-bid conference.
• Interpretation of plans and specifications for bidders.
• Prepare technical aspects of addenda to be issued by the City as necessary.
• Review bids, check reference, make recommendations to award contract.
PRODUCTS:
Addenda
Written Recommendations on Bid Award
PHASE H
Task 1. Construction Management
The Construction Manager shall:
• Participate in meeting with local merchants regarding scheduling
• Inspect and testing for construction - Special Inspections and Material Testing, if
required, shall be performed by an independent Agency contracted through the City.
We will fully coordinate and schedule all required inspections and tests, and review
and assemble testing and inspection reports. If requested by the City, we can assist
in obtaining and reviewing Proposals from qualified Testing and Inspection agencies
(this service has not been included in our budget).
• Prepare change orders
• Review progress payment requests
• Manage utility companies
• Coordinate project schedules
• Inspect final construction
• Ensure the completion of the project in compliance with project drawings and
specifications
• Resolve any problems encountered
• Review laboratory testing results
• Interact with any regulatory or permitting agency
• Construction observations shall be periodic, not continuous.
Task 2. Construction Staking
Provide all the necessary construction survey staking for the installation of each project.
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Task 3. Construction Administration
• The Consultant Team will assist the City during the project construction, as needed,
by:
• Attendance at pre -construction conference.
• Submittal review.
• Change order preparation.
• Draft clarifications and field directives.
• Conduct site inspections, as needed.
• Assist in punchlist preparation.
Task 4. As-Builts
• Transfer red -line markings by the contractor during construction to the original plans
to provide record drawings.
PRODUCTS:
Construction Management Reports
As-Builts, Appendix of Laboratory Tests, Certificate of Completion, Warranties, etc.
MEETINGS:
Construction Management
Landscape Architect 3 visits/site
Civil Engineer 2 visits/site
Electrical 1 visit/site
Task Milestones/Project
A Topographic Base Map;
Burlingame Lot J
Broadway .
B Merchant/Property Owner Meetings:
Burlingame Lot J
Broadway
B Design Submittal to City Council
B City Council Approval
C 50% C.D. Submittal
City Review Comments complete
C 90% C.D. Submittal
City Review Comments complete
C Construction Schedule/1000/o C.D. Submittal
C Final City Comments
C Final Mylars
D Engineer's Estimate
E Bid Advertisement (1" run & 2nd nm)
E Pre -Bid Meeting
E Bid Period
E Bid Opening
E Bonds/Verification/Contract
PHASE II
Notice to Proceed
Mobilization
Survey Stalang
Complete by
July 31
August 7
August 11/Sept. 15
September 14
Sept. 18
September 23
November 6
November 20
December 4
December 1I
December. 1$
December 23
December 30
December 30
Jan 4 -18
February 1
Jan. 11 -29
February 1
Feb. 1-10
February 15
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