Loading...
HomeMy WebLinkAbout055-88? . RESOLUTION NO. 55-88 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR ENGINEERING SERVICES ASSESSMENT DISTRICT NO. 88-1 RESOLVED, by the Town Council of the Town of Danville, California, that WHEREAS, this Council proposes to undertake proceedings pursuant to appropriate special assessment and assessment bond acts for the acquisition, construction and financing of public improvements for the above entitled assessment district; WHEREAS, this Council has heretofore appointed and designated Willdan Associates to serve as Engineer of Work in conjunction with these proceedings, the terms of said appointment to be set forth in an agreement between said company and this Town; and WHEREAS, there has been submitted to this Council such an agreement, and it has been duly considered by the Council; NOW, THEREFORE, IT IS ORDERED as follows: 1. The agreement between Willdan Associates and this Town, in the form theretofore submitted to this Council, is hereby approved. 2. The Mayor is hereby authorized and directed to execute said agreement for and on behalf of the Town and the Clerk is hereby authorized and directed to attest same and to affix thereto the corporate seal of the Town. 3. A copy of the agreement is, by this reference, hereby made a part hereof. 4. The Clerk shall provide an executed copy of this Resolution and the agreement to Willdan Associates. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Town Council of the Town of Danville, California at a meeting thereof held on the 2nd day of May , 1988 by the following vote: AYES, and in favor thereof, Councilmembers: Greenberg, Jagger, Lane, Ritchey, Schlendorf NOES, Councilmembers: None ABSENT, Councilmembers: None ATTEST: ~i~~t C e r~j 3 T~b~ OF DAH~ AGREEKENT FOR PROFESSZOHAL CONSULTZNG SERVICES This Agreelent Is entered ]~ltO between Willdan Associates (,Consultantu) and the ro~ of Vanville (aTeyaW), a Bunicipal corporation. UCITALS This Agrasent is predicated on the £011~lng fac~cs: 1. Town Zeq~A~eS Assessment District En~ineerin~ and Plan Checking (type of service) marvice for Tassajara Ranch Assessment District 1988-1 (project description) 2. Consultant is qualified to provide these services and is willing to provide them according to the terms of this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Duties of ConsultAnt a. Consultant agrees to perform services in conformance with the scope of work attached and incorporated as Exhibit #A". Consultant agrees to diligently perform these services in accordance with the standards of its profession and to Town's satisfaction. b. In addition to the services described above, the parties may from time to time agree in writing that Consultant, for additional compensation, shall perform additional services including but not limited to: (1) changes in the services because of changes in the project; (2) additional studies or uodifications of existing documents because of changes in requiruents of any govezTmental authority with. ~urimdictAon over the project. l~,t~ e~s nf ~ovn &. TOqd~ ah&11 perform those ltllS 1illted :Ln 3~r~ibit "A# as not included in the Consult. ant'a workscope. b. ~e f~11 promptly: (1) notify Consultant of any pro, oct; (2) notify Consultant of any defect in changes consultan~ ' · l~erfor~am~ee ~ and (3) review any d~tments submitted Consulting Services Agreement Page~.6 · by Consultant for Town's comment. 3. Consultshe's Status Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants and employees) is not Town*s agent, e~ployee or representative for any purpose. 4. Conf]4ct of Triterest Consultant understands that its professional responsibility is solely to Town. Consultant warrants t. hat it presently has no interest and will not acquire any direct or indirect interest that would conflict with its performance of this Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. Consultant and its agents or employees working under this Agreement shall submit statements of economic interest under the Political Reform Act (Government Code t 81000 et seq.) if requested to do so by the Town. 5. Compensation a. Town agrees to pay Consultant for services not to exceed $ 228,200 Actual charges shall be based upon (1) Consultant*s standard hourly rates for various classifications of personnel and (2) all fees, salaries, end expenses to be paid to other engineers, consultants, independent contractors, or agents employed by Consultant. A copy of these hourly rates and expenses is attached as Exhibit "B". b. Payments to Consultant for services rendered in accordance with the foregoing schedule shall be based upon submission of monthly statements ite=izing the work. These statements shall itemize all charges, including specific tasks, hours spent by individual position classifications per task, ~onthly totals, and running totals. c. The parties shall agree in writing to any changes in compensation due to changes in Consultantms services under paragraph i (b) above. d. ConsultsTit agrees to testify a~ Town~s request if litigation is brought against Town in con~ection with Consultantes services. Unless the action i~ brought by Consultant or As based upon Consultsntis wrongdoing, Town will compensate Consultant for the testimony at Consultantes standard hourly rate An Exhibit B. Consulting Services Agreement Page 2 of 6 ? 6. ~t~s of Psrfo~-~no! Consultant ·hall bo Ivall~ble to begin perforBancs of services under this agreement immediately upon execution of this agramenS, and shall perform such service diligently until the york is completed in accordance with F~hibit 'C#, or this agreement is ternlasted. 7. ~e~-tnntton Town Bay Seminate this Agreement by giving 10 days witten notice to Consultant describing Consultcat's substantial failure to Best its obligations. On termination, Consultant ·hall give Town all work done toward Completion Of its services. Town shall pay Consultant an amount which bears the same ratio to the laxSnuB contract price as the work delivered to Town bears to the completed services under this Agreement. 8. Ownership o~ Work All documents furnished to Consultant by Town and all reports and supportive data prepared by Consultant under this Agreement are Town'a property and shall be given to Town at the completion of Consultant' I services. Town acknowledges that documents and _ . supportive date prepared by consultant have been prepared ... exclusively for and are fit exclusively for the purposes contemplated under t, his contract. If the Town reuses such docmaenta prepared by consultant for purposes other than those contemplated under this contract without the written consent of consultant, the Town will hold hamless, indemnify and defend the consultant, its agents, subconsultants and employees from any and all claims arising out of such reuse. 9. T.ttigat~ on If either party brings an action to enforce this Agreement the prevailing party is entitled to reasonable attorneys' fees and costs. 10. AsstqDment ! S,!l~cont~Jcts Consultant' · ·ervices are considered unique and personal. Consultant will not assign or transfer its interest or obligation under this Agreement without Town'· written consent. Consultant shall not subcontract its duties under this Agreement without Town' · written consont. · l. Tn~e-n~ fl nmtl on CONSULT]~TT Ihall il~elL~ify, defend and hold harmless the Town, its officers, agents and eBployeel from and against any and all elat~e. demands. liability, costs and expenses including court costs and counsel fees, arising out of the injury to or death of Consulting Services Agreement Pag~y~of 6 d £ any person or loss of or physical danage to any property resulting from Consultant*s negligent acts, errors or omissions during perromance under this Agreement (including the perromance of Consultant's subcontractors, agents or employees). zns~r~nce a. ne~,~ resent. consultant shall not begin york Under this Agreesant until it obtains insurance required under this section and shall Bainrain the required insurance during the term of this Agreesant. ~he insurance shall cover Consultant, his agents, representatives, employees and subcontractors in connection with the perromance of work under this Agreement. All insurance requirements shall appear either An the body of the insurance policies or as endorsements. The insurance required under subsections 2 and 3 shall specifically sane Town (and its officers, agentsand employees) as an additional insured. (to the extent / X. Automobile ?nsur-nce. Consultant shall maintain obtainable) lainim~ coverages of (a) $100,000.00 for property ~~/~ deBases, $500,000.00 ln~ur2 to one person/any one occurrence and $1,000,000.00 for injury to more than one person/any one occurrence or (b) conMined single limit of $1,000,000.00 per occurrence, not subject to an annual aggregate linit. 6 2. Workers' ConDensat~on ~ns,,rnnce. Consultant shall maintain workers' compensation insurance for all Consultant ' s employees. 3. Public T.i~b~l~ty and Property ~amage ?nsurmnce. Consultant shall take out and Bainrain public liability and property danage insurance and shall insure Town, its elective and appointive officers, agents~and employees from cleans for deBases for (to the extent obtainable)~perev~'al injury, including deaf. h, as well as from cleans for property danage which may arise from ~'~ Consultant'e operations under this &greenest, whether or not done by Consultant or by anyone directly or indirectly employed by Consultant. Such insurance Shall have a combined ILuit of not ~LISS than $ 1,000,000 and an ~nual aggregate of $2,000,000. 4. ~rofession~l v.~ Jb~l 4ty vns,,r~nce. consultant shall f~uJce out and Bainrain professional liability Assurance to cover danagoB that Bay be the result of errors, omissions or negligent acts st Consull~ant. Such insurance Shall be in an amount and an annual~ 8A~d a of not loots than $1,000,00Bors~$150,000 . deductible provision of not ¢aggregate of $2,000,000. Consulting Services Agreement Page 4 of 6 o t b. wv!~ence of TnB-rnnce. Consultant shall furnish Town, concurrently with the execution of this Agreement, satisfactory evidence of the insurance required and evidence that each carrier (under section 12.a. 2 and 3) has named the Town as an additional insured and is required to give Tow leastten days prior notice of the cancellation etonmesSily, ~t m~:: - _. ,_i-_, during the effective period of this Agreement. 3.3. le.m,.1 ~Lploy~ent O~ort-n~!;y /~. Consultant ks · Equal Opportunity employer and agrees to c~mply " with epplio&ble regulations governing equal employeat opportunity. 3.4. Not'l cei Any notice given under this Agreement shall be writing and deemed given when personally delivered or deposited in the Bail .(certified or registered) addressed to the parties as follows: · To~n Cons,11 t-nt City Manager David E. Hedlund, Vice President/Regional ManaBet Town of Danville Willdan Associates SlO La Gonda Way 6140 StoneridRe Mall Road, Suite ~340 Danville, Ca. 94526 Pleasanton, CA 94566 , (415) 460-8558 phone number 15. W,,~verB Waiver of a breach or default under this Agreement shall not constitute a con~inuing waiver or a waiver of & subsequent breach ' of the' dame or any other provision of this Agreement. 16. Mo~ificat{ on No waiver or modification of this Agreement is valid unless lade in writing and signed by both parties. 17. ~eversh~l ~ty Xf any term of this Agreesent ks held invalid My a court of coBpotent ~urisdiction the resembler of this Agreement shall re~ain An effect. 18. ~nt~ ~e Asree~ent ~is Agreement and its ~lbit (s) let forth the entire understanding between the parties. Consulting Services AgreementSage 5 of 6 9' :IN #ZTh'2SS WHER~0F, the parties have executed this Agraanent on the latest data written below, Of l~Vl~e Willdan Associates l~te: ~/~ Vice President/Regional ~anager · Tlt~te · Reco~nded £o~)Approval Approved as to £orm//~ Uown Attorney '~s~7 Attachnants : Exhibit A - Scope of Work Exhibit B - Conpensation Rate Schedule Exhibit C - Schedule of Performance Consulting Services Agraanent Page 6 or 6 EXHIBIT A SCOPE OF WORK TASSAJARA RANCH ASSESSMENT DISTRICT 1988-1 I. Assessment District Enqineerinq Assessment District Engineering services will be performed jointly by Willdan Associates and John H. Heindel, Consulting Civil Engineer, acting as a subconsultant to Willdan Associates. A. Preliminary Assessment Engineering (through formation of District ) 1. Prepare assessment district boundary map in accordance with Division 4.5 of the California Streets and Highways Code. 2. Prepare a report for the assessment district in accordance with Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913), and modification of the report if directed by the Town Council. The report shall include the following: a. A general description of improvements. b. An estimate of cost, including all incidental expenses. (Construction cost will be provided by others.) c. Assessment diagram. d. Assessment spread. 3. Compilation of a list of names and addresses of assessment district participants. Posting of notices. 5.Attendance at meetings. 6.Preparation of final cost estimate. 7. Schedule and conduct coordination meetings with affected agencies and individuals to ensure a timely dissemination of information relative to the progress of the Engineer's Report, design plans, right-of-way acquisition, utility relocation, and other engineering related items which are necessary in forming the district. Where appropriate, prevlde er auae te be prevlded, ~jendas and minutes of such meetings. Coordination of affected agencies and individuals shall include bond council, design engineer, financial consultant, property owners, utility companies and Town staff. B. On-going Assessment Engineering (through construction) 1. Assist the Town in securing bids, tabulation and analysis of bid results, and furnish recommendations on the award of the construction contract for assessment district improvements. 2. Following award of the construction contract, conduct a pre-construction meeting with the General Contractor, Subcontractors, utility owners, and other affected agencies to review the project and answer questions. 3. Assist the City in obtaining and reviewing contract documents, insurance certificates, and other submittals required prior to the start of construction. Provide constant coordination with the City, other agencies and all utility companies affected by the construction. 5. Review all change orders as to any change in benefit which might occur. If such change in benefit does occur, make appropriate charges to the contingency reserve of the affected parcels. 6. Review and submit for final processing by the Town all requests for payment of incidental expenses. 7. Conduct monthly coordination meetings with City staff and the Contractor to review the status of construction and other pertinent matters. 8. Coordinate the modification of the plans to reflect the "as-built/as-constructed" conditions. 9. Prepare all necessary final reports, notice of completion, etc. 10. If excess funds exist upon completion of the work, review with bond counsel and Town the disposition of such funds: and if such funds are to be paid to the properties that were assessed, prepare a distribution schedule consistent with the manner in which the assessment was made. 11. Prepare a final report of the total costs of the assessment district. I I. Plan Checkincl 1. Check for compliance with Town standards, provisions of the 1~13 A~--t and sound engineering prab-tiGes all plans, specifications and estimates for construction of improvements under Assessment District 1988-1. 2. Validate unit prices used for estimate purposes. 3. Prepare and monitor design/plan check schedule. Provide Town with weekly status report. 4. Analyze and recommend to Town optimum contracting strategy and contract breakdown. S. Review legal descriptions of rights-of-way to be dedicated and to be acquired by assessment district. 6. Coordinate plan checking by other public entities, utility companies, end Town staff (grading}. 7. Where various items of work have specific benefit to some but not all properties, ensure that specifications and bid schedule are so constructed that such costs may readily be segregated. !11. Services Not Included 1. Preparation of contract bid documents for improvements included in the assessment district, including plans, specifications, and contract documents. 2. Construction inspection and administration. 3. Construction surveys. 4. Preparation of daily construction diaries and project logs. S. Materials testing. 6. Preparation of "as-built" construction drawings. 7. Other services not described in Sections I, II, and III above. ? EXHIBIT B COMPENSATION I. Assessment District Enqineerincl -* A. Preliminary Assessment Engineering (Through Formation of District) Assessment district engineering services shall be provided for a lump sum fee of $10,000 plus 1/4 percent of the amount of bonded indebtedness of the final approved assessment district. Based on the current Engineer's estimate for the district of $16.48 million, the lump sum fee would be $51,200. B. On-Going Assessment Engineering (Through Construction) On-going assessment engineering services shall be provided on a time and and materials basis using the attached hourly rate schedule, Exhibit B-l, for the services provided for a period of approximately two years. The estimated cost of these services is $75,000. II. Plan Checkincl Plan checking shall be performed on a time and materials basis using the attached hourly rate schedule, Exhibit B-l, with a not-to-exceed fee equal to 2% of the final engineer's estimate of cost for the improvements to be constructed by the district that require plan checking. Based on the current construction estimate of improvements to be plan checked (streets, drainage and landscaping), the not-to-exceed plan check fee would be $102,000. EXHIBIT B-1 d ',,'I! .t.t~lJ,,1 ASSOCIATES SCHEDULE OF HOURLY EATES August 1987 Fee Rate Classification Per Hour En~ineerin~ St. Consultant $110.00 Principal Engineer 100.00 Division lianaget 88.00 Project Director 82.00 St. ~gineer 75.00 St. Project Nanager 73.00 Project Hanager 66.00 Associate Engineer 64.00 St. Designer (CADD) 64.00 Designer (CADD) 60.00 Supervising Engineer 82.00 - Engineering Associate 64.00 St. Designer 60.00 St. Design Engineer 52.00 DesiKn Engineer ~8.00 St. Drafter 50.00 Designer 42.00 St. Drafter (CAD) 50.00 Drafter (CAD) 46. O0 Drafter 40.00 Technical Aide 34.00 Spvsr. -Public Works Observation 66,00 St. Public Works Observer 55.00 Public Works Observer 46.00 St. Real Property Agent 75.00 Real Property Agent 66.00 Assistant Real Property Agent 55.00 Survevin~ Spvsr. Mapping Services 80.00 St. Survey Analyst 60.00 St. Calculator 60.00 Calculator II 50.00 Survey Analyst 50.00 Calculator I &0.00 Spvsr. -Survey 72. O0 Survey Fatty Chief 67.00 Two-Nan Field Party 132.00 Three-Man Field Fatty 170.00 ?/27/87 Effective 8/1/B7 /' Schedule of Hourly Rates August 1987 Page 2 Fee Rate Per Hour Special Districts Special Districts Coordinator $ 75.00 Special Districts Analyst II 55.00 Special Distrcits Analyst I &5.00 PlanninR Principal Planner 75.00 St. Planner 61.00 Planning Associate 56.00 Planning Assistant &&.00 Planning Technician 35.00 Butldin~ Plan Check Engineering 60.00 Spygr. Building Inspection 60.00 Building Inspector 50.00 Permit Specialist 37.00 Rehabilitation Specialist ~5.00 St. Rehabilitation Specialist 55.00 Spvsr. Rehabilitation Services 65.00 Computer Computer Time 63.00 : Spvsr. Progr--~ing 66.00 St. Program Analyst 55.00 Program Analyst a6.00 Progrmmer 37.00 Computer Data Entry 32.00 Other Secretarial 30.00 Consultation in connnection vith litigation and court appearances will be quoted separately. Additional billing classifications may be added to the above listing during the year as new positions are created. The above schedule is for straight t/one. Overtime will be charged at 1.25 times the standard hourly rates. Sundays and holidays will be charged at 1.70 times the standard hourly rates, It should be noted that the foregoing wage rates are effective through July 31, 1988. The rates may be adjusted after that date to compensate for labor adjustments and other increases in labor costs. 7/27/87 Effective 8/1/87 EXHIBIT C SCHEDULE OF PERFORMANCE I. Assessment District Engineerinq A. Preliminary Assessment Engineering (Through Formation of the District) Assessment district engineering services will be performed in a timely manner in accordance with the proposed schedule for formation of the district. At this time, it is expected that the district will be confirmed by the Town Council during the month of May, 1988. B. On-Going Assessment Engineering (Through Construction) On-going assessment engineering services will continue until construction of the public improvements included in the district is completed. Construction of the public improvements is expected to be completed approximately 11 to 2 years after the district is formed. II. Plan Checkinq Construction of the public improvements included in the district will be done under more than one construction contract. The exact timing of the construction contracts is uncertain at this time. As a result, plan checking services will be on-going until such time as all improvement plans and contract documents for the improvements to be constructed by the district are approved by the City Engineer. However , CONSULT ANT shall complete the review of each individual plan check or document check within 15 working days of receipt of items from TOWN. This contract shall cover all individual checks needed to complete the checking process. CONSULTANT shall notify TOWN of the date of receipt and completion of the individual checks. CONSUL T ANT shall not be held responsible for delay by external agencies, departments, or utilities over which he has no control.