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HomeMy WebLinkAboutCC Resolution 8569 (Merrydale Overcrossing)FOLLOWS: RESOLUTION NO. R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREE- MENT WITH WILSEY & HAM TO PROVIDE CONSTRUCTION SERVICES FOR THE MERRYDALE OVERCROSSING THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS The Director of Public Works is hereby authorized to execute, on behalf of the City of San Rafael, an agreement with Wilsey & Ham to provide engineering services necessary to construct the Merrydale Overcrossing. A copy of their proposal for performing this work, dated September 20, 1991 is hereby attached, and by this reference made a part of this resolution. The terms of the agreement will be based on the above referenced proposal and will be subject to approval of the City Attorney prior to execution by the Director of Public Works. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on Monday, the 18th day of November, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Shippey & Mayor Boro NOES: COUNCILMEM 3ERS: Thayer ABSENT: COUNCILMEMBERS: Cohen JEAjtft M. LEONCI , City Clerk 1,1RIGINA1 o6zq City of San Rafael 0 Department of Public Works AGREEMENT WITH WILSEY AND HAM TO PROVIDE ENGINEERING CONSTRUCTION SERVICES FOR THE MERRYDALE OVERCROSSING This Agreement is made and entered into this 18 day of November 1991 by and between the City of San Rafael (hereinafter called City) and Wilsey & Ham (hereinafter called Consultant). A. SCOPE OF WORK In accordance with this Agreement, the Consultant agrees to provide engineering services related to the construction of the Merrydale Overcrossing project, as outlined in the Proposal from Consultant entitled "Proposal for Construction Related Services-Memydale Road Overcrossing of Route I01, San Rafael", dated September 20th 1991, marked Exhibit "A", attached hereto, and incorporated herein by this reference. The Consultant agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "A". B. INDEPENDENT CONTRACTOR It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultant, an agent or em- ployee of the City, or authorizing the Consultant to create or assume an obligation for or on behalf of the City. C . PAYMENT AiS/JS/,%& The City agrees to pay consultant in accordance with the ischedule for time and material basis rendered in accordance with the rates shown on his current fee schedule set out in Exhibit "A", a copy of which is attached and incorporated herein by reference. 1. The total payment made for any individual work task will not exceed the amount shown on the proposal budget in Exhibit "A" without prior authorization by the City. 2 Consultant's professional service fees shall be invoiced on a monthly basis. 3 Payments made by the City shall be made within 15 days of receipt of invoice. D. TERMS The term of this Agreement is from date of execution through June 1, 1994. This Agreement shall be renewed on June 1, 1994 and run from year to year unless terminated by either party by giving thirty (30) days written notice to the other party that the Agreement will not be renewed. All documents, completed reports, and other materials described in exhibit "A" and developed as a result of this Agreement shall become the property of the City. E. TERMINATION The performance of work under this Agreement may be terminated by either party by giving the other party thirty (30) days written notice. In the event of termination, City shall pay Consultant all sums then due and unpaid as of the date of receipt of termination notice. Payment by City of such compensation shall be considered full and final settlement for all work performed by the Consultant under this Agreement. F. ARBITRATION All claims or disputes between the City and the Consultant relating to this Agreement shall be decided by arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. G. AMENDMENT This constitutes the entire Agreement of the parties. No modification or amendment of this Agreement shall be valid unless it is in writing and executed by all parties. Amendments to Exhibit "A' to this Agreement must likewise be made in writing by both parties and signed by Consultant and the Director of Public Works or the Director of Public Works designee. u-:3- /,2 h MERRYDALE CONSTRUCTION SERVICES AGREEMENT • Page 2 H. ASSIGNMENT No assignment of this Agreement, either in whole or in part, shall be made by Consultant without the prior written consent of City. 1. NOTICES Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respective parties as follows: City of San Rafael Dept. of Public Works P. O. Box 151560 San Rafael, Ca. 94915-1560 Wilsey & Ham 355 Lakeside Drive, Suite 200 Foster City, CA 94404 Fax: 415/345-4921 J. INSURANCE During the term of this Agreement, Consultant shall maintain comprehensive general liability insurance with a combined single limit of not less than one million ($1,000,000) dollars for bodily or personal injury or property damage as a result of any single occurrence; Consultant shall also maintain professional liability insurance with a limit of liability of not less than five hundred thousand ($500,000) dollars per claim and in the aggregate. Such insurance shall name City, its elected officials and its other officers and employees, additional insureds. and shall not be reduced or canceled without thirty (30) days written prior notice to the City. Consultant, prior to the beginning work under this Agreement, shall provide City with original endorsements and a certificate of insurance of the policy as evidence of any insurance described in this paragraph. Consultant shall obtain and maintain continuous workers compensation insurance to cover all Consultant's employees to the extent required by law. K. INDEMNITY Consultant shall indemnify, defend and hold the City harmless from and against liability arising from Consultant's negligent acts, errors, or omissions in performance of the work, or for willful or intentional misconduct relating to activities carried out pursuant to or in connection with this Agreement. IN WITNESS WHEREOF, City and Consultant have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: JZ E M. LEON City Clerk APPROVED AS TO FORM: �TG 116L" IANTI City Attorney Attachments ( 2 ) 1. Exhibit "A"- Proposal from Consultant. 2. Resolution. CI OF SANRAFAEL• DAVID M. BERNARDI Director of Public Works CONSU,rTANT: r 1729-06-01 September 20, 1991 Lloyd Strom City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915-0060 Vfl1LSE1(&1M ENGINEERING AND PL CYNING SERVICES 355 Lakeside Drive, Suite 200 Foster City, California 94404 (415) 349-3151 Telecopier: (415) 345-4921 Subject: Proposal for Construction Related Services Merrydale Road Overcrossing of Route 101, San Rafael Dear Mr. Strom: This is in response to your request for proposal to provide construction related services on the subject project. SCOPE OF WORK 1. Preconstruction Activities - Wilsey & Ham will work closely with Caltrans headquarters towards project advancement from plan submittal to the pre - construction conference. We will work with Marin County, Caltrans Right -of -Way, affected utility companies, and the City towards obtaining the necessary right-of-way and utility certification, and assist the City in finalizing all necessary permits and agreements required for the project. We will also respond to all bidders questions requiring plan or specifications interpretation, prepare addenda as needed during the Bidding Period, and assist City and Caltrans with bid analysis. 2. Survev/Resident Engineer Files - Wilsey & Ham will prepare and submit to Caltrans a survey engineer file and a resident engineer file in conformance with their standards which includes the following: ■ Project notes and highlights tc the R.E. ■ File check -off lists ■ Miscellaneous information to the R.E. ■ Engineering Data ■ Design Data ■ Survey Data and Notes ■ Quantities ■ Project Plans ■ Cross -Sections ■ R/W appraisal maps'U'll Rif I rii I Lloyd Strom September 20, 1991 Page Two. 3. Preconstruction Conference - Wilsey & Ham and any subconsultants necessary will participate in a preconstruction conference to discuss procedures, progress, scheduling and other details. 4. Office/Design Subuort - During construction, Wilsey & Ham will provide support for clarification and interpretation of Plans and Specifications and to assist with change order preparation and review as authorized by the City. We will also attend project meetings with the Contractor and other agencies as requested. 5. Shou Drawinas Review - Wilsey & Ham and our subconsultants will provide ongoing technical review of Contractors' Shop Drawings and Submittals which are submitted to us by City. (Our shop drawing review stamp is attached hereto). 6. Construction Survevina and Stakina - Wilsey & Ham will provide construction staking for the project including (but not limited to) the overcrossing, retaining walls, ramps, roadways, curbs and gutters, and drainage facilities. 7. Site Visits/Coordination - Wilsey & Ham design engineering personnel will visit the project site periodically to coordinate with Caltrans, observe and monitor critical items of work and during the final walk-through with the City. 8. Record Drawinas - Wilsey & Ham will prepare Record Drawings based on the information provided by the contractor and/or Caltrans Resident Engineer. This proposal is based on the understanding that the California Department of Transportation (Caltrans) is fully in charge of the project's construction administration. Our subsequent formal contract with you will address duties, responsibilities and limitations of authority as they relate to the City's interests. Lloyd Strom September 20, 1991 Page Three. SCHEDULE The foregoing Scope of Work is scheduled to begin during the Fall of 1991, and will proceed through the construction schedule of 300 working days, ending with the submittal of the contract record drawings. FEE We propose to be compensated for the tasks 1 thru 8 outlined above on a time and expense basis in accordance with the attached Charge Rate Fee Schedule and Standard Contract Provisions. The fees below are estimated fees for the purpose of establishing a budget for construction services. However, the actual total cost will be dependent on the project needs as determined by the City, the contractor's schedule and performance and the level of effort needed to respond to Caltrans requests as approved by the City. The budget estimate total cost for these tasks is as follows: Task 1. Preconstruction Activities 2. Survey/Resident Engineer Files 3. Pre -construction Conference 4. Office/Design Support 5. Shop Drawings Review 6. Construction Surveying & Staking 7. Site Visits/Coordination 8. Record Drawings TOTAL Cost (in 1991 Dollars) $ 35,620 11,200 3,760 25,580 40,880 95,950 15,700 9,600 $238,290 The figures quoted herein are at present day rates. Since this project will run for more than 1 year and, most likely, through two fiscal years, an escalation clause should be included in the agreement. This proposal is based on all work allowed by Caltrans in the construction cooperative agreement. Since Caltrans is administering the contract, certain items in this proposal may be done by Caltrans. For these items of work, the City would simply not issue a work order to Wilsey & Ham, since the agreement will be on a time and expense basis. Lloyd Strom September 20, 1991 Page Four. We appreciate the opportunity to continue our involvement in this project, and look forward to providing services contributing towards the project's success. Should you need additional information or clarification regarding this proposal, please call. Very truly yours, WILSEY Frank C. Tedesco Vice President Transportation Enclosure: - Charge Rate Fee Schedule and Standard Contract Provisions Effective January 1, 1991 - W&H Shop Drawings Review Stamp - Estimated Person -Hours and Costs PR/kmg Prop\Strom �m V 0 N -bb W N 0 ° 5 ' p o 0 0 O n p p o m 0 a IS u 0 S !D S j .w'a 5 m m� -yi a op 2 H y�Z yam X80 ° C g S Bmm Z N 0 9 = m z 0 00 O �pBul O C VJ Z Z 0 v 00 OC Q y 1T1 N ...1 J g a Z 2 9 ;n r x N gmo 0 A m 0 A 0 0 N O p N 9 WILSEY & HAM 1991 CHARGE RATE FEE SCHEDULE & STANDARD CONTRACT PROVISIONS I. CHARGE RATE FEE SCHEDULE The compensation of Wilsey & Ham for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the stun of all the items set forth below: A. PERSONNEL SERVICES PRESIDENT/EXEC. VICE PRES. $130 HR. DRAFTER 11 $45 HR. VICE PRESIDENT 120 HR. DRAFTER I 35 HR. SUPERVISING ENGINEER 110 HR. ADMINISTRATIVE ASST. III 54 HR. SENIOR ENGINEER 100 HR. ADMINISTRATIVE ASST. H 48 HR. ASSOCIATE ENGINEER 90 HR. ADMINISTRATIVE ASST. I 42 HR. ENGINEER II 80 HR. OFFICE SUPPORT 30 HR. ENGINEER I 70 HR. SURVEY t rrc i iritis CHIEF 74 HR. ASSISTANT ENGINEER 60 HR. INSTRUMENT PERSON 65 HR. JUNIOR ENGINEER 50 HR. CHAIN PERSON 58 HR. DESIGN/DRAFTER V 70 HR. APPRENTICE FIELD PERSON 48 HR. TECHNICIAN/DRAFIfiR IV 60 HR. CONTRACT PERSONNEL 2 X INVOICE DRAFTER 11I 54 HR. EFFECTIVE THROUGH DECEMBER 31, 1991 AND SUBJECT TO REVISION ANNUALLY. B. TRAVEL & TRANSPORTATION EXPENSES 1. Reimbursement for actual travel and subsistence expenses paid to or on behalf of employees on business connected with the project, plus a handling charge of 15%. 2. Thirty-five cents (.35¢) per mile for use of vehicles. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles carrying field survey equipment or used for field inspection and supervision. C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to Wilsey & Ham by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES 1. The invoice cost of materials, supplies, reproduction work, and other services, including communication expenses, procured by Wilsey & Ham from outside sources, plus a handling charge of 15%. All out-of- pocket expenses not included in Items A, B and C will be included in this category. 2. a. Electronic distance measuring devices used in Varies depending on instrument used performing services for a client b. Computer use charges Varies depending upon program and outside service use 11. STANDARD CONTRAC. ?ROVISIONS A. TERMS OF PAYMENT Fees and all other charges will be billed monthly as work progresses and the amount of each billing shall be due and payable in ten (10) days after the date of such billing. Any portion of a billing not paid within thirty (30) days of the billing date shall be considered delinquent and shall bear a delinquency charge of one and one half (1 1/2) percent per month on the unpaid balance, but in no event shall said delinquency charge or the payment thereof extend the due date. If any billing is not paid in full within 30 days after the billing date, then in addition to any other remedies available to Wilsey & Ham, it may cease performing work hereunder upon delivery of written notice of its intention thereof to the client. Further, in the event of such default, Wilsey & Ham shall have the right, but not the obligation, to cease performing work under any other contract then outstanding between the client and Wilsey & Ham. Should legal action be necessary to enforce the provisions of any contract entered into of which this schedule is a part, the client agrees to pay all attorneys' fees and court costs incurred in the prosecution thereof. B. SCOPE & EXECUTION OF SERVICES Wilsey & Ham makes no warranty, either express or implied, as to its findings, recommendations, specifica- tions, or professional advice, except that the same will be promulgated after being prepared in accordance with generally accepted professional practice. No agent, employee or officer of Wilsey & Ham has any authority to make such warranty as disclaimed above. In the event the client requests termination of the work prior to completion, Wilsey & Ham reserves the right to complete such analyses and records as may be necessary to place its files in order and, where considered necessary to protect its professional reputation, to complete a report on work performed to date. A termination charge to cover the costs thereof in an amount not to exceed ten (10) percent of all charges incurred up to the date of the stoppage of the work may be made at the discretion of Wilsey & Ham. Wilsey & Ham will diligently proceed with the work contracted for, but it is expressly agreed and understood that Wilsey & Ham shall not be held responsible for delays occasioned by factors beyond its control, nor by factors which could not reasonably have been foreseen at the time of the execution of the agreement between the parties. In the event the client makes a claim against Wilsey & Ham, at law or otherwise, for any alleged error, omis- sion, or other act arising out of the performance of its professional services, and the client fails to prove such claim, then the client shall pay all costs, including actual attorneys' fees incurred by Wilsey & Ham in defend- ing itself against such claim. C. LIMITATION OF LIABILITY Any and all liability, claim for damages, cost of defense, or expenses to be levied against Wilsey & Ham will be limited to a sum not to exceed Fifty Thousand Dollars ($50,000.00) or the amount of its fee, whichever is greater, on account of any injury or damage to persons or property or arising out of any design defect, error, omission, or professional negligence. Further, the client agrees to notify any contractor or subcontractor who may perform work in connection with or making use of any design, report, or study prepared by Wilsey & Ham of such limitation of liability and require as a condition precedent to its performing the work a like limita- tion of liability on their part as against Wilsey & Ham. In the event a client fails to obtain a like limitation of liability provision as to injury or damage to persons or property, design defects, errors, omissions, or profes- sional negligence, any liability of Wilsey & Ham and/or the client to such contractor or subcontractor arising out of alleged injury or damage to persons or property, design defects, errors, omissions, or professional negli- gence shall be allocated between the client and Wilsey & Ham in such a manner that the aggregate liability of Wilsey & Ham shall not exceed Fifty Thousand Dollars ($50,000.00) or the amount of its fee, whichever is greater. W&H Fain D + Effective Jmuuy 1, 1991 ti.