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HomeMy WebLinkAboutItem 3.5 Silvergate Dr. Modifications (2) X000- 30 CITY OF DUBLIN AGENDA STATEMENT Meeting Date: January 10 , 1983 SUBJECT Dublin Boulevard/Silvergate Drive Engineering Agreement EXHIBITS ATTACHED Agreement RECOMMENDATION 1) Authorize City Manager to execute agreement with consultant. 2 ) Approve budget transfer of $4 , 400 from General Fund Contingent Reserve to General Fund Capital Improvement Account. FINANCIAL STATEMENT: At its meeting of November 22 , 1982 , the City Council approved the modification of the Dublin Boulevard/Silvergate Drive intersection. The plan which the City Council approved totalled approximately $22 , 000 of which $4 , 400 was for design engineering, preparation of plans and specifications, and inspection. During Staff ' s discussion with the County ' s Public Works Staff it was agreed that it was more desirable for the City' s new engineer to take over the design and completion of this project. County Staff once again reiterated its tentative agreement to pay one-half of the projects cost. In accordance with the City' s agreement with Santina & Thompson, the engineering costs for those projects which are put out to bid will be a lump sum to be negotiated between the City and the Consultant. Santina & Thompson have agreed to perform the engineering work for this project for the same cost estimated by Alameda County. It is Staff ' s recommendation that the City Council authorize the City Manager to execute the attached agreement between the City and the Consultant. In addition, since no funds were approved for this project at the time in which the City Council adopted the design, it is further recommended that the City approve a budget transfer from the General Fund Contingent Reserve to the General Fund Capital Improvement Account. --------------------------------------------------------------------------- ITEM N0. COPIES TO: Santina & Thompson 3•� RECEIVED JAN . CITY OF DUSLgJ4 BM 79-1A 0 1973 by California Council of Civil Engineers and Land Surveyors (For Office Use) STANDARD FORM OF AGREEMENT BETWEEN CLIENT AND CONSULTANT adopted 1973,revised in 1975,1978 and 1979, by the California Council of Civil Engineers and Land Surveyors, 1107 Ninth St.,-Suite 811, Sacramento, California 95814 THIS AGREEMENT, entered into at Dublin' California on the 6th day of January , 19 83, by and between City of Dublin -.6500 Dublin -Blvd. Dublin, CA 94566 hereinafter called "client,", and Santina &.-Thompson Consulting Civil Engineers, Inc. 1040 Oak Grove 'Rd. , Concord, CA 94518 hereinafter called "consultant," is as follows: . The client intends to contract for tie channelization improvements at the intersection of Dublin Boulevard: and Silvergate Drive •..:.,hereinafter called the "project." The present record owner is: Name: City of Dublin Business Address: :6500 Dublin Blvd:, Dublin, CA 94566 Residence i The client and consultant for mutual consideration hereinafter set forth, agree as follows: A. Consultant agrees to perform the following services: Enqineerj..ng .9 Qutlined in the attached proposal r. B. Client agrees to compensate consultant for such services as follows: $4400.00 ag outlined in the attached proposal plus printing costs C Note 3—Under�pprevisions of this agreement, a�1gto payment FINANCE CHARGE will be computed at the pperiodic rate of o per month which is an ANNUAL PERCENTAGE RATE of Molo, and will be applied to any unpaid balance commencing A days alter the date of rho original invoice. IS [Note]—Under provisions of this agreement, client agrees to limit the liability of consultant in accordance with 128 of the Standard Provisions set forth upon the reverse side. C. The standard provisions set forth upon the reverse side are incorporated hereinto and made a part of this agreement. . . IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions bove stated and on the reverse side hereof, the day and year first above written. CO ULT NT: CLIENT: By tg twe) By .. (Signature). Name' Lee S Thp•m son ' Name (Print) , , (Print) Titlt Vice President Tide --STANDARD PROVISIONS OF AGREEMENT ... . - The client and consultant agree that the following provisions shall be a part of their agreement: 1. The client binds himself, his partners, successors, executors, administrators, and assigns to the consultant to this agreement in respect to all of the terms and conditions of this agreement. : , ,„ 2. Neither the client nor consultant shall assign his interest in this agreement without the written consent of the other. ' ; 3• No conditions or representations, altering, detracting from, nor adding to the terms hereof shall be valid unless printed or written hereon or evi- denced in writing by either party to this agreement and accepted in writing by the other. 4. One or more waivers of any term, condition or covenant by the consultant shall not be construed by the client as a waiver of a subsequent breach of the same or any other term, condition or covenant. 5. In the event any provision of this agreement shall be held to be invalid and unenforceable, the other provisions of this agreement shall be valid and binding on the parties hereto. 6. The consultant is not responsible for delay, nor shall consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God; or the failure of client to furnish timely information or to approve or disapprove consultant's work promptly; or delay or faulty performance by client, other contractors, or governmental agencies; or any other delays beyond consultant's reasonable control. 7. Consultant shall not be liable for damages'resulting'from the actions of inactions of governmental agencies including, but not limited to permit pro- cessing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, and building permits; and consultant shall only act,as:an,adviser in all._governmental relations. 8. In the event of litigation on this agreement, the interpretation theieof, and all-disputes or controversies arising hereunder shall be governed by the laws N of the state of California. "r,',jt-',.r;'i', l?. 9. in the event that client institutes a suit against consultant because of any.failure.or alleged,failure to perform, error;omission, or negligence, and if such suit is not successfully prosecuted, or if it is dismissed, or if verdict is rendered for consultant, client agrees to pay consultant any and all costs of de- fense, including attorney's fees, expert witnesses' fees, and court costs agd'any-and all'other expenses of defense which may be needful,immediately follow- ing dismissal of the.case or immediately upon'judgment being rendered in behalf of consultant., . 10. In the event that litigation be instituted under the terms and conditions of this agreement,the same is to be brought and tried in judicial jurisdiction of the court of the county in which the consultant's principal place of business is located and client waives the right to have the suit brought, or tried in, or removed to any other county or judicial jurisdiction. , 11. Should litigation,be necessary, to enforce any term or provision of this agreement, or to.collect any portion of the amount payable under this agree- ment,tthen all'litigation;and.collection:eicpenses, witness lees and court-costs; and,attorney's fees shall,be paid to the prevailing party. 12. There are no understandings-or agreements except ras herein expressly stated.. r .. t. f, ; 13• All original papers and documents, and copies theieof, produced as a result'of this'"contraci,'except'documents which are required to be filed with public agencies, shall remain the property of the consultant and may be used by consultant without-the consent of client. 14. Services;provided within this agreement are for-tlie exclusive:use of the client for the project only,,*_ 15. Client and consultant agree•to cooperate.with each-other in any and_every way-or manner on the.project.,, 16. Upon written request, each of the parties'hereto sha1C execuie and deltver, of cause to'be executed and delivered, "such' additional instruments and documents which may be necessary and_proper_to carry out the terms of this agreement. 17. The terms and provisions of this agreement shall not be construed to alter, waive, or affect any lien or stop notice rights, which the consultant may have for the performance of services under this agreement.' 18. The consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans,specifications, or drawings other than that all such figures are estimates only and the consultant shall]'not be responsible-for fluctuations in cost factors. 19. Consultant does not guarantee'-the completion or quality.of performance of contractor.the'completion or quality of performance of contracts by the . construction contractor or contractors, oi'other third parties,'nor is he responsible for their acts or omissions. ._ . . . ... 20. Consultant makes no warranty, either express or implied, as to his findings,recommendations,specifications,or professional advice except that the work was performed pursuant to generally accepted standards of practice in effect at the time of performance. 21. Consultant makes no representations concerning soil conditions unless specifically included in writing in this agreement, and he is not responsible for any liability that may arise out of the making or failure'to make soil surveys, or sub-surface soil tests, or general soil testing. . .. . 22. Estimate of areas provided under this agreement are not to be considered precise unless consultant specifically agrees to provide the precise determina- tion of such areas. 23. In the event that any changes are made in the plans and specifications by.the,client or persons other-.than the consultant which affects the consultant's work, any and all liability arising out of such changes is waived as'against the consultant and the tlient-assumes'full responsibility for such changes unless client has given,consultant prior notice and has received from consultant written consent for such changes. 24. The consultant is not responsible, and liability is waived by client as against consultant,for use by client or any other person of any plans or drawings not signed by consultant. _... - _. - _._. ..__._ -. .. _..... 25. Consultant has a right to complete all services agreed to be rendered pursuant to this contract. .In the event this agreement is terminated before the completion of all services, unless consultant is responsible for such early termination, client agrees to release consultant from all liability for work performed. 26. Client agrees that consultant will not perform on-site construction review for this project unless specifically provided for in this agreement, that such services will be performed by others, and that the client will defend, indemnify,and hold consultant harmless from any and all liability arising from or resulting from the performance of,construction review by.other persons. - 27. The client agrees;that in.accoidance with generally accepted construction practices, the-construction-contractor;"will boo required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this require- } merit shall be made to apply continuously and not be limited to normal working hours; and the client further agrees to defend, indemnify and hold the consul- tant harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole I negligence of the consultant. 28. The client agrees,to limit the consultant's liability to the client and to all contractors and subcontractors on the project,due to professional negligent ' acts, errors or omissions of the consultant to the sum of $50,000 or the consultant's fee, whichever is greater. 29. All fees and other charges will be billed monthly and shall be due'at the time of billing unless otherwise specified in this'agreement. 30. Client hereby agrees that the balance as stated on the billing from the consultant to client is correct,conclusive and binding on the client'urdess client within ten (10) days from the date of the making of the billing notifies consultant in writ f the particular item that is alleged to be incorrect. ��,,31. A late payment FINANCE CHARGE will be computed at the periodic rate of 8$33% per month, which is an ANNUAL PERCENTAGE RATE of "� 1�7o, and will be applied to any unpaid balance commencing 30 days after the date of the original invoice. r..,�. . 32. In the event that the plans, specifications, and/or field work covered by this contract are those required by .various governmental agencies and in the event that due to change of policy of said agencies after the date of this agreement, additional office or field work is required, the said additional work shall be paid for by client as extra work. . 33. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, such percentage increase shall be applied to all remaining compensation. 34. In the event that any staking is destroyed by an act of God or parties other than consultant, the cost of restaking shall be paid for by client as extra work. 35. The client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, blueprints and reproductions, and all other charges not specifically covered by the terms of this agreement. 36. In the event all or any portion of the work prepared or partially prepared by the consultant be suspended,abandoned,or terminated, the client shall pay the consultant for all fees, charges, and services provided for the project, not to exceed any contract limit specified herein. -• - j,- • . : 37. In the event of any litigation,client agrees to pay to consultant interest on all past due balances at the rate-of ten per cent per annum. 38. In the event client fails to pay consultant within thitry (30) days after invoices are rendered, client agrees,that consultant shall have the right to con- sider said default a total breech of this agreement and, upon written notice, the duties, obligations and responsibilities of the'consultani under this agreement are terminated. In such event, client shall then promptly pay the consultant for all of the fees, charges, and services provided by consultant, SA1 r T I 1 ,L , & ENGINEERING PLANNING THOMPSON INC. CONSULTANTS 1040 Oak Grove Road, Concord, California 94518 (415) 827-3200 Telex -338563 Santina January 6, 1983 PROPOSAL DUBLIN BLVD. /SILVERGATE DR. CITY: OF DUBLIN t ; m fi k r s We; propose ,;to Yperform .the ,:following task .at "the respective fees ,;,f or ,the ."channelization '.of Dublin 'Blvd. - and 'Silvergate Dr`. to'.the' City ..adopted.,alternate #5 .as indicated on ' Exhibit E Base Map ,work Aerial ;photo :of.;intersection at :.1"=20' (Cartwright Aerial Survey ,-Services) $ 600. 00 Field ,review of .site to identify features ;aerial °photo: . 2 Hours 128 . 00 II. Design, ,'specifications, estimate and aid in .bidding: : 3444. 00 ,-(Design will incorporate .sufficient data for :contractor �to field :layout .his work. )' 'III Inspection -. 4 Hours 228. 00 _ TOTAL $4400. 00 ja , ro� •.i s;t sss h�( 'any,-'� ! is 1t is - t. n , Blueprinting and other .reproduction will be charged. for in ' `'addition''to the ',above'�fee: d will ,be recoverable "through . i I.�, charging .bidders for sets . of .plans taken out. Offices in Concord and Los Angeles .