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HomeMy WebLinkAboutReso - CC - 100-1983RESOLUTION NO, 100-83 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ENGINEERING OF IMPROVEMENTS TO THE OAK GROVE AVENUE/CALIFORNIA DRIVE INTERSECTION - PROTECT # 238 RESOLVED, by the CITY COUNCIL of the C,ity 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 and instructed to i attest such signature. 3"i Pyor I, EVELYN H. HILL, City Clerk of the City of Burlingame, ,,do hereby certify that the foregoing Resolution was introduced at i.; a regular meeting of the City Council held on the 21st day of �y November 19 83, and was adopted thereafter by the following vote: AYES: COUNCILMEN: AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO i NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE City Clerk aRl;-IN)�/ AGREEMENT THIS AGREEMENT, made and entered into this 21st day of November 1983, by and between the CITY OF BURLINGAME, a municipal corporation of the State of California, hereinafter called the "City" and DKS ASSOCIATES, a California corporation, hereinafter called the "Engineer". WITNESSETH: WHEREAS, the City desires to contract for an engineering study of intersection improvements to the intersections of California Drive and Carolan Avenue with Oak Grove Avenue as outlined in Exhibit "A"; and , WHEREAS, the Engineer is qualified and willing to perform said engineering design as outlined in Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants, promises and Agreements herein set forth, the parties do hereby agree as follows: Scope of Work The Engineer and City agree to follow the Scope of Work as described in Exhibit "A". 2. Information City agrees to provide such information, records, plans, data and files as are currently available and necessary for Engineer to complete its work under this Agreement. 3. Staff The Principal/Project Manager for Engineer shall be Larry Grove. Project Engineers for the Engineer shall be Larry Patterson and David Hop. These persons will not be removed from the project without prior approval of City. 4. Subcontractors DKS ASSOCIATES will be using the services of Vincent H. Cunha and Associates, a California corporation, to provide surveying services anticipated on this project. A real estate appraiser, if required, shall be agreed to by both the City and the Engineer. 5. Compensation Payment is to be based on hourly rates to a maximum amount as indicated in Exhibit "A". This Agreement shall not exceed Sixteen Thousand Three Hundred Dollars ($16,300) unless authorized in writing by both City and Engineer based upon an Agreement amendment. Monthly billings based on work performed for each task will be payable within thirty (30) days of invoice date. Scope of Agreement This writing, including Exhibit "A", which is attached hereto and made a part hereof by reference, constitutes the entire Agreement between the parties relative to engineering services and no modification hereof shall be effective unless and until such modification is evidenced by an amendment signed by both parties to this Agreement. 7. Schedule of Work The Engineer and City agree to follow the schedule of work as described in Exhibit "A". 8. Relations and Duties of Parties a. It is agreed by the parties hereto that the Engineer is an independent contractor operating hereunder and is not, and shall not, be considered to be an officer, and employee, or an agent of the City. b. The Engineer shall function as technical representative of the City and all of his activities under this Agreement shall be carried on under the general supervision of the City Director of Public Works. The Engineer's records and correspondence concerned with and pertaining 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 property of the City. d. The Engineer shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement, including without limitation, workmen's compensation laws and licensing laws and regulations. e. Upon two (2) days' advance written notice to the Engineer, the City hereby reserves the right to cancel this Agreement, in which case the Engineer shall be compensated for all work and services performed up to the date of receipt of said notice of cancellation. In the event of abandonment or suspension of the work for which services have been performed under this Agreement, pursuant to direction of the City, the Engineer, if requested to do so by the City, shall stop work at the stage directed by the City and shall deliver to the City all data and analyses developed as of said stage, and the City shall have the right to have such data and analyses completed by others and shall have title to all documents as of said stage. f. Neither the City nor the Engineer shall assign or transfer their interest in this Agreement without the written consent of the other party except as described herein or in Exhibit "A". g. The Engineer shall indemnify, defend and hold harmless the City from and against any and all liability, arising from negligent acts, errors and omissions of the Engineer or his agents, in connection with the performance of the -2- Agreement, excepting only such injury or harm as may be caused solely by an act or omission of the City. h. The Engineer will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry or national origin. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the date first set forth. DKS ASSOCIATES a California corporation APPROVED AS TO FORM CITY OF BURLINGAME a municipal corporation of the State of California City Mane ATTEST: - 3 - EXHIBIT "A" ENGINEERING DESIGN OF INTERSECTION MODIFICATIONS OAK GROVE AVENUE AT CALIFORNIA DRIVE AND CAROLAN AVENUE CITY OF BURLINGAME Scope of Work A. Data Collection and Field Investigations I. Obtain utility, street improvement and traffic signal plans from City and utility company files. 2. Arrange for utility company marking of underground facilities. 3. Perform topographic surveys necessary to: a) Establish horizontal and vertical control of the project for both design and construction; b) Establish cross -slopes, paving conforms, and profiles of the proposed modifications; c) Determine impacts on utilities; d) Determine street width and striping configurations along California Drive from approximately Douglas Avenue to Palm Drive; e) Provide City with spot elevations and cross-sections along Oak Grove from California to approximately San Mateo Avenue for their independent use. 4. Perform traffic counts and turning movement counts and with City staff, estimate future traffic, as necessary to assist in determination of lane requirements of the project. 5. Discuss with Southern Pacific and Caltrans Commuter Rail personnel possible modifications to crossing protection predictors near the Burlingame Station. Prepare memo on findings. B. Preliminary Design I. Review study plans previously prepared by City, to arrive at a recommended plan for the project. Of particular concern would be need for additional lane(s) on Oak Grove, retention or deletion of the islands and "free" right turn lanes; adequacy of traffic signal equipment and impacts upon the crossing of the Southern Pacific tracks and crossing protection. 2. Present and discuss alternatives with City staff and incorporate comments into a recommended overall plan to use as the basis for the design. 3. Present the recommended plan to Southern Pacific and Public Utilities Commission for their review. C. Final Design Plans, Specifications and Cost Estimates I. Based upon the approved preliminary plan, prepare construction plans for the modifications, which will include the following: a. Paving, curbs and gutters, storm drainage modifications, traffic signal modifications, railroad crossing modifications, signing and striping revisions and utility adjustments. b. Prepare plat and description of easement and submit to Southern Pacific. Coordinate with City and Southern Pacific to obtain final easement document. Prepare letter and drawings for City's submittal to the P.U.C. requesting authority to modify the crossing. 2. Prepare draft special provisions and Engineer's estimate of construction costs. 3. Submit plans, specifications and estimate to City for review and comments. 4. Incorporate comments and make all final corrections to contract documents. 5. Print and furnish to City 30 sets of the construction plans and special provisions. D. Additional Services It is recognized that other miscellaneous tasks may be required as part of the conduct of this program. Engineer will be available for miscellaneous services related to this project and outside the above-described tasks. These services would only be provided as requested by the Public Works Department. Total fees for these miscellaneous services shall not exceed Fifteen Hundred Dollars ($1,500). E. Compensation for construction inspection services will be negotiated with the Engineer at such time that the City agrees that there is a need to provide said services and will be documented by means of an amendment to this Agreement. F. Schedule The schedule attached at the end of Exhibit "A" will be followed: -2- G. Compensation The following are the estimated fees for the various tasks for the project: A. Data Collection and Field Investigation B. Preliminary Design C. Final Design D. Additional Services Total Design Fee Not to Exceed ESTIMATED EXPENSES Aerial Photo Base Sheet Bid Package (30 sets) Traffic Count Field Personnel Travel Expenses 5 Percent on Expenses and Subcontractors TOTAL FEE NOT TO EXCEED H. Manpower Estimate The following is a breakdown of manpower estimates for each task: HOURS A. Data Collection and Field Investigation $2,500 $3,500 $7,900 1500 $15,400 $140 300 200 150 125 $ 915 Use $ 900 $16,300 Sr. Eng. Jr. Eng. Drafter Clerical 56/Hour 32/Hour 30/Hour 35/Hour I. Obtain Data and Design Criteria 2 6 2. Coordinate Utility Markings 2 3. Field Surveys (Crew: 20 Hours @ $86/Hour = $1,720) 2 4. Traffic Count Analysis 2 4 -3- Continued ... Sr. Eng. Jr. Eng. Drafter Clerical 56/Hour $32/Hour 30/Hour 35/Hour B. Preliminary Design I. Review Study Plans 6 8 2. Base Map Preparation 4 6 32 3. Preliminary Layout & Estimate 12 8 8 4. Review with City, SP, PUC 6 C. Final Design I. Plans 40 40 40 2. Specifications and Cost Estimates 12 16 8 3. ROW Plat & Description 2 2 4 4. Final Revisions 8 6 8 5. Prepare Bid Package 2 4 8 I. Rates As a guide, the attached rate schedule would be representative for the various personnel who would be assigned to this project. The actual rates charged would be based on the individual's actual salary times a multiplier of 2.80. Expenses and the services of subcontractors would be billed at cost times a factor of 1.05. -4- W J w V D w N a O a I I I I � 1 1 C 1 G Q 1 1 � C 1 m d m w LL Q U � ' O M � SD Z i 1 1 r 1 U Co O Q ¢ W r G r r U O 3 W W G G p m p U N W Z > m W J > O W m G C J m � C J ¢ 2 - Z N p m O - N W O r U O O U U PJ 4F c associates FEE SCHEDULE -Effective June I, 1983 Traffic • Transportation • Engineering This Fee Schedule indicates billing rates for DKS staff services and project expenses. All invoices are due and payable within 30 days of date of invoice. BILLING RATES DKS Grade Hourly Billina Rate Enaineers and Planners 526.50 2 532.00 3 539.00 4 $45.00 5 $48.00 6 $50.50 7 556.00 8 568.00 4 $84.00 Computer Systems Soecialists 3 540.50 8 $74.00 Technicians A $18.00 B $30.00 C $35.00 D $41.50 DKS services are billed at the above rates times actual hours expended on the project. Project Expenses P-oject Expenses include out-of-pocket, project related costs such as transportation, subsistence, reproduction, postage, telephone, computer charges and subcontractor services. Project Expenses will be billed at cost plus 5% service and handling charge. Invoices outstanding over 30 days will be assessed a IY2 percent service charge for each 30 days outstanding beyond the initial payment period. Effective Bates This Billing Rate supercedes all prior Billing Rates. Billing Rates will be subject to revision June 4, 1984. 1419 Broadway, Suite 700, Oakland, California 94,612-2069 . 415/763-2061