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HomeMy WebLinkAboutReso - CC - 112-1998RESOLUTION NO. 112-98 AUTHORIZING AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CALLANDER ASSOCIATES CITY PROJECT NO. 9117(7) 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 amendment 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 ar 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 19th day of OCTOBER , 1998, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City Clerk F:\APUBLICWORKSDIR\FORMS\GENERAL\RFSAGRMT.GEN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES DESIGN OF LOWER DECK LANDFILL IMPROVEMENTS CITY PROJECT NO. 9117(7) 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 CALLENDAR 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 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. M 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 1 ONE HUNDRED SEVENTY-SIX THOUSAND ONE HUNDRED DOLLARS AND N0/100 ($176,100.00) unless authorized in writing by both the CITY and CONSULTANT. Monthly billings will be paid by the City within thirty (30) days of invoice date. 4. 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. 5. 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 disturbances or any other cause beyond its reasonable control, or for the expenses or consequences arising from such delays. 2 6. 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. 7. 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. 8. 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. 3 (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 $1,000,000 per occurrence and in the aggregate. All insurance shall be primary. 9. 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. 4 10. Equal Employment 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. 11. 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. 12. 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 party may have hereunder, nor does 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. 13. Representatives of CITY and CONSULTANT hereunder. The City En ig neer or his designee shall represent the CITY in all matters 61 The designated Project Manager for CONSULTANT is MARK SLICHTER 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. 14. Assignment Neither CITY or CONSULTANT shall assign, sublet or transfer its interests in this AGREEMENT without the written consent of the other. 15. 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. 16. 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 Notices required to be given CONSULTANT shall be addressed: Callander Associates Attn: Mark Slichter 311 -7 T' Avenue San Mateo, CA 94401 Tel: 925/827-4900 17. Interpretation As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. r9 18. 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 .0 F4%10 U&IA City Manager City Clerk F:IAPUBLICWORKSDIRIFORMS\PROJECTSIAGR4PROF.SVC - 1/9/98 7 Approved as to form: City Attorney Consultant October 12, 1998 (650)696-7230 Fax (650) 342-8386 Mr. Frank Erbacher, City Engineer Department of Public Works City of Burlingame 501 Primrose Road Burlingame, CA 94010 EXHIBIT A Callander Associates 311 Seventh Ave. San Mateo, CA 94401-4259 (650) 375-1313 (800) 232-1313 Fax (650) 344-3290 ca@caBanderassociates.com RE: BAYSIDE PARK EXPANSION - PHASE 1/Design Development and Construction Document Services Dear Frank: The new ballfield and parking lot at Bayside Park will provide the critical link to the park improvements on the landfill. The project has been separated into three phases to reflect available funding and allow for construction of the new field (Field #2) prior to rehabilitation of fields #1, #3, and #4. The following proposal addresses plans for only the.phase.1 portion, to include the new softball field, dog run, additional parking on Airport Boulevard, and within the park. The plans will be developed in conjunction with Woodward Clyde. International, the geotedutiical engineering firm responsible. for developing the landfill closure. plan. The new ballfield and dog run will help the. City to meet its recreational needs for facilities of this type. The completed softball field will also provide the community with a facility to use when the. Bayside Park fields #1, #3, and #4 undergo refurbishment. Our specific scope of services is as outlined below: 1.0 BCDC PERMITTING These services are -covered in our agreement dated August 4, 1997. 2.0 DESIGN DEVELOPMENT 2.1 Review scope, schedule.and cost for both construction and design services with City staff. Identify City goals. 2.2 Based on comments received from City staff, prepare design plan at twenty scale to refine the original design outlined in the.master plan. Develop revised cost estimate of proposed project. Compile.catalog cuts of proposed site. amenities and details of proposed site construction. Collate into design development booklet for city staff to review. Design development package to include: CA Lic. #1308 Landscape Architecture Peter Callander, ASLA, Principal Urban Design William S. Harris, ASLA, Principal Land Planning Richard N. Ciardella, ASLA, Principal Park and Recreation Planning Mark Slichter, ASLA, Associate Environmental Planning Todd Young, ASLA, Associate Mr. Frank Erbacher RE: BAYSIDE PARK EXPANSION - Phase 1/ Design Development and Construction Document Services October 12,1998 Page 2of5 a. refined layout plan (1" = 20') b. site utilities plan (1" = 20') showing existing and proposed utilities (water, electrical, telephone, sanitary sewer, storm sewer), details addressing utility crossings, anticipated service. demands, points of service name of utility provider and contact, City and purveyor responsibilities, and schedule for provision. c. construction details d. scorekeeper's booth schematics e. ballfield lighting diagram f. walkway and dog run lighting diagram g. catalog cuts of proposed site.furnishings including: backstop, scoreboard, play equipment, bleachers, benches, drinking fountain, sports field lighting fixtures, walkway lights, and irrigation equipment h. suggested plant list including trees, shrubs, turf type. and hydroseed mix i. estimate of probable. construction costs 2.3 Review above documents in a work session with City staff; develop consensus for proceeding. 2.4 Four additional meetings as requested by City. 3.0 CONSTRUCTION DOCUMENTS 3.1 50% Submittal: Prepare 50% complete.plans, specifications, and cost estimate. Plans to include: • cover sheet (one.sheet) • site construction plan (two sheets) 20 scale • lighting and electrical plan (two sheets) 20 scale. • grading and drainage plan (two sheets) 20 scale. • scorekeeper's booth floor plan and elevations (one sheet) • utilities coordination plan (one sheet) 40 scale - • parking lots layout plan (one sheet) 20 scale. • construction details, including outfield wall, light pole, and structures foundation design (six to seven sheets) • irrigation plan and details (two sheets), 20 scale • planting plan and details (two sheets), 20 scale. 3.2 Submit five.sets of plans, specifications, and estimate. to City for their review. Meet with City at end of two week City review period to go over all City comments. 3.3 90% Submittal: Incorporate. City plan check comments on 50% submittal. Further develop all items shown in 50% submittal to 90% completion. Prepare bid form, measurement and payment clauses for all specified work. Prepare cost estimate in bid form format. Prepare -project description. POOODe De Co DocSemdoc Mr. Frank Erbacher RE: BAYSIDE PARK EXPANSION - Phase 1/ Design Development and Construction Document Services October 12, 1998 Page 3 of 5 3.4 Submit five. sets of plans, specifications, bid form, and estimate in bid form format to City for their review. Meet with City at end of two week City review period to go over all comments. 3.5 100% Submittals: Incorporate.City plan check comments on 90% submittal. Prepare bid - ready drawings, bid -ready technical specifications (Div 2-16), general requirements (Div 1), project description, and bid form for incorporation in Proposal and Contract Special Provisions by City. 3.6 Submit ten sets of bid documents to City for their review. Note: Engineering Department will be responsible for coordinating Building Department review and returning comments. Items requiring Building Department review include, but are not limited to, light pole foundations, building foundations and design, and outfield wall. Meet with City to go over comments at end of review period. 3.7 Make minor revisions and submit final reproducibles to City for City's incorporation in bid package and bid set production. Provide stamped, signed drawings as required by Building Department. 3.8 Four additional meetings as requested by City. 4.0 BIDDING AND CONSTRUCTION REVIEW 4.1 Prepare bidder's list. 4.2 Attend pre-bid conference. 4.3 Respond to Contractor's inquiries, provide clarifications. 4.4 Prepare up to two addenda. 4.5 Review bids and recommend award of contract. 4.6 Attend pre -construction conference. 4.7 Provide.site reviews with written field reports. City to contract separately for special inspection services. 4.8 Prepare change -orders. 4.9 Review contractor payment requests. 4.10 Provide telephone coordination and meetings requested by City. 4.11 Prepare.substantial completion review and punch list. POOODe De Co DorSer .dor 10/14/98 10:13 $650 375 1313 CALLANDER ASSOC. U002/002 Mr. Prank Eibacher ' RE: BAYSIDE PARK EXPANSION - Phase 1/ Design Development and Construction Document Services October 12, 1998 Page 4 of 5 4.12 Provide. administrative. assistanceduring maintenance. period. 4.13 Provide -final completion review. 5.0 ADDITIONAL SERVICES All tasks other than thosespecifically itemized above ,maybe. provide.as additional services with additional compensation, including, but not limited to: • Preparation of additional contract documents associated with separating project into more.phases than currently anticipated. • Design of any area outsideof the Project Limits Diagram, dated October 12,1998. • Providing services to verify the. accuracy of drawings or other information furnished by the. City of other agencies. • Making revisions in drawings, specifications or other documents when such revisions areinconsistent with approvals or instructions previously given; are required by the enactment or revisions of codes, laws or regulations subsequent to the.preparation of such documents; or are.due.to other causes not solely within the control of the consultant. • Making investigations, surveys, valuations, inventories or detailed appraisals of existing utilities. • Preparation of City Special Provisions. • Preparation, assembly, and printing administration of bid document packages. • Providing services of other consultants other than thosespecifically noted in the agreement. • Meeting with City staff beyond those.included in scope. REIMBURSABLE EXPENSES: All costs for printing, reproductions, special delivery, and all other costs directly related to the project would be billed as a reimbursable.expense.per the. attached Standard Schedule of Compensation dated January 1998. The actual total amount for reimbursable -expenses incurred would be -billed monthly against the. allowance. The-allowancedoes not include.bid sets, nor more than five.copies of review documents at each level of review. Receipts for all expenditures will be retained by Callander Associates and will be -forwarded upon request. Mr. Frank Erbacher RE: BAYSIDE PARK EXPANSION - Phase 1/ Design Development and Construction Document Services October 12, 1998 Page 5of5 It has been extremely gratifying to see -a park emerge from the landfill site. Our strong working relationship with our project team, including Woodward Clyde and the City, and our high degree of project specific knowledge has made. this possible. We look forward to continued collaboration with the City to see this next phases through to completion. erely, rk Slichter, ASLA FIVER" Attachments: Project Schedule dated 10/12/98 Project Limits Diagram dated 10/12/98 Compensation Matrix dated 10/12/98 Standard Schedule of Compensation dated January 1998 POOODe DevCo DmSer .dac Co ensation Matrix October 12, 1998 PROFESSIONAL SERVICES - BAYSIDE PARK EXPANSION, PHASE 1 ONLY FEES: REIMBURSABLE EXPENSES: Total allowance calculated at approximately 7.5% of the fees and rounded to: $12,300 TOTAL (fees plus reimbursable expenses allowance) ........................................$176,100 POOOCompMahixdoc Bayside Park Expansion - Phase 1 Callander Associates page 1 of 1 Callander civil struct mech phase Associates eng architect eng eng electrical total 2.0 Design Development $14,400 $2,800 $2,500 $1,000 $500 $2,400 $23,600 3.0 Construction Documents $68,400 $12,600 $6,500 $8,000 $1,500 $6,800 $103,800 4.0 Construction Support $24,100 $4,500 $2,000 $2,600 $500 $2,700 $36,400 Total Fees (1, 2, and 3) $106,900 $19,900 $11,000 $11,600 $2,500 $11,900 $163,800 REIMBURSABLE EXPENSES: Total allowance calculated at approximately 7.5% of the fees and rounded to: $12,300 TOTAL (fees plus reimbursable expenses allowance) ........................................$176,100 POOOCompMahixdoc Bayside Park Expansion - Phase 1 Callander Associates page 1 of 1 un Callander Associates 311 Seventh Ave. San Mateo, CA 94401-4259 (650) 375-1313 (800) 232-1313 STANDARD SCHEDULE OF COMPENSATION Fax (650) 344-3290 January 1998 ca@caflanderassociates.com GENERAL The following list of fees and reimbursable expense.items shall be used in providing service in the agreement. These amounts shall be annually adjusted, upon issuance of an updated Standard Schedule of Compensation: HOURLY RATES Senior Principal $127/hour Principal $102/hour Associate $86/hour Landscape Architect 1 $76/hour Landscape Architect 2 $68/hour Landscape Architect 3 $62/hour REIMBURSABLE EXPENSES Assistant 1 $54/hour Assistant 2 $45/hour Technician $36/hour Ward Processor $52/haur CARD Equipment Time * $15/hour Visual Simulation Equipment Time * $15/hour * plus operator All costs for photography, printing and plotting, special delivery, insurance certificate charges, charges for waivers of subrogation, local business licenses, sales taxes, assessments, fees, mileage, all CADD and visual simulation ancillary costs, such as data transfers, tapes and outside services, and all other costs directly related to the project will be billed as a reimbursable expense at our cost plus a fifteen percent (15%) administration charge. INSURANCE AND COMMUNICATIONS SURCHARGES Professional liability insurance is provided on all projects. The costs of said insurance and all costs associated with cell phones, electronic mail, faxes, long distance phone charges and related telecommunications shall be charged as a combined surcharge of 2.5% on the total fees. PAYMENTS Payments are due. within ten days after monthly billing with amounts more than thirty days past due subject to a 11/2% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be. applied to the. final invoice for the project. Fee Schedule -1-98 CA Lic. #1308 Landscape Architecture Peter Callander, ASLA, Principal Urban Design William S. Harris, ASLA, Principal Land Planning Richard N. Ciardella, ASLA, Principal Park and Recreation Planning Mark Slichter, ASLA, Associate Environmental Planning Todd Young, ASLA, Associate