HomeMy WebLinkAboutResolutions 84-264 N.C.S. 10/15/1984Resolution No. $ 4 -2 6 4 ~. ,~, s.
of the • City of Petaluma, California
T15 15
RESOLUTION AUTHORIZING THE MAYOR OR
CITY MANAGER TO EN'PER INTO AND EXECUTE
AN AGREEMENT WITH DE LEUW, GATHER AND COMPANY
FOR PROFESSIONAL SERVICES FOR DOWNTOWN
PARKING FACILITIES
BE IT RESOLVED -the Mayor or City Manager is hereby authorized to
enter into and execute an agreement with the firm of De Leuw, Gather and
Company, 120 Howard' Street, San Francisco., California, for professional
'services -for the City of Petaluma downtown parking facilities; and,
BE IT FURTHER RESOLVED that said proposed agreement is' attached
hereto as Exhibit "A" .
~:
r-
Under the power and'authority conferred upon this: Council by the Charter of said City., -
..
I- hereby .certify the foregoing Resolution was introduced and adopted by the ;, proved s~to "`
.Council of the: City of Petaluma at a~(Regular) /,(/~~jQ~{rtfeEi~ ,(S~pkq(~) meeting '~ -
LEGALI on.the .:......LS.th...... day o£ .....O.c.t.ci.b:~z...-- --•---•----- 19..:8.4;~by the J '
following vote: -- - -•_--- - -
Cit ;Attorney
AYES: Perr.y/Battaglia/Tencer/Cavanagh/Balshaw/V.M. B d/Mayor Mattei
NOES: None
ABSENT: None ~
ATT-EST : ................:...........:.:...::.......:................:..........:..:................
..City Clerk Mayor
Gbuacil File ................................
Form CA 2 9/81 Rea. No...........$. ~:- 2~.~F N . C . S .
Agenda Item~~ ®CT 1519g~ ~., 5
Doe°antowr~ Par~i~~g
KEY T~VQRr1 ~ ~'aciity-3~i~ainee~ ina
.DATE CC P4TG : vct . 15 , 1~ ~ L'=
DEPARTl'IENT - City r~an~ger, ~r3l~i'am Lebel, Progra~~1 Administrator
REQUESTED COUNCIL ACTION:
Adopt Resolution as proposed.
RECOMMENDATION:
~~hat City Council .adopt a ,resolution ~vahclz authorizes the execution of a
contract witty De :~euw, Lather and Company for the provision of Engineering/
Arc~tectural services related to the construction of 1) teller St. Barking
:structure; 2) Iriprovement to the "A `' Street parking lot; anci, 3) Irnt~rove-
men.ts to the Golden.Conc.ourse pedestrian walkway,
BACKGROUND:
De :~euva, Lather and Company has keen wor-kind with t?ze
project since 197. Tze f°rm izas performed :excellent
this ~er'od and it is recorurdended ti~7a`t it be er.:n oyed
neces-nary~~naneering/Arclzi.tectural services fo"r the
tine ;oaring facilities.
ALTERNATIVES:
~~ot appiic~~,ie
City on this
services during
to provide the
construction of
CONSEQUENCES OF NOT ACTINGs
Delay of .n.~tat~n of enc~-ineering and arczitectural services, and
ultirzatel~y, the project. ,
ACTION FOLLOWING AU,TAORIZAT.ION:
Executiogz of eon~raet `and issuance of notice to proceed.
AGREEMENT FOR PROFESSIONAL SERVICES
CITY OF PETALUMA
DOWNTOWN PARKING FACILITIES
This Agreement is by and between the City of Petaluma (hereinafter
referred to as CITY), a California municipal corporation,
and De Leuw, Cather & Company (hereinafter referred to as
ENGINEER), an Illinois corporation having a place of business
at 120 Howard Street, San Francisco, California.
W I T LV E S S E T H
WHEREAS, CITY intends to construct facilities consisting of:
1. A three story parking structure facing Keller Street
and adjacent to Western Avenue and referred to as the Keller
Street Parking Structure.
2. An at-grade parking lot between Fourth Street and Fifth
Street at A Street and referred to as the "A Street Parking
Lot."
3. Improvements to the existing pedestrian concourse
joining the Keller Street Parking Structure to North Petaluma
Aoulevard and referred to as the "Golden Concourse."
~Xi~l~~`C ~
1
The above described facilities shall b~e hereinafter referred
to collectively as the DOWNTOWN PARKING FACILITIES and,
their construction shall be referred to as the PROJECT, and
WHEREAS, the ENGINEER by Agreement date of December 24,
1980, which was modified by Supplemental Agreements dated
April 8, 1983 and April 11, 19.84; agreed to provide services
necessary to establish an assessment district, including the
preparation of preliminary plans and specifications, for the
purpose of financing construction of the PROJECT; and
WHEREAS, the City Council has established the aforementioned
assessment district a-nd has ordered the DOWNTOWN PARKING
FACILITIES designed a-nd constructed;
NOW, THEREFORE, it is mutually agreed as follows:
PART A - FINAL DESIGN
To complete the design of the DOWNTOWN PARKING FACILITIES
the ENGINEER shall provide. the following services:
1. .Act as th.e Assessment District Engineer.
2. Retain an Architect approved by the CITY to design
architectural features of the PROJECT.
2
3. Retain a Land'c'ape Architect approved by the City to
design planting and irrigation fea ures at the Project.
4. Review exi-sting schematic plans with the CITY and make
minor revisions.
5. Attend all necessary meetings and conferences.
6. Obtain updated and additional geological information and
recommendations necessary to complete design..
7. Complete the design of the PROJECT.
8. Furnish plans, specifications., and documents necessary
to obtain r-equired permits and approvals.
9. Investigate the impact on traffic and available parking
during construction. and include mitigating measures in project
specifications.
10. Prepare plans, specifications, and contract documents
describing the work to be constructed.
11. Prese t a monthly progress report to the CITY.
12. Furnish twenty (20) complete sets of plans and specifications
for :biding purposes.
3
13. Assist-the ChT`Y in~advertising the project and obtaining
bids.
14. Prepare an . ea°t,imate of-- the cost of construction and
.assist the CITY in evaluating bids and awarding a, contract.
-PART B -- ANCILLARY SERVLCES
To facilitate final design, the ENGINEER shall supply the
following services if requested to do so.by. the CITY.
1. Employ a regi tered land surveyor TocalTy to establish
exterior property lin'e;s where construcaion will take place
and obtain any neceS ary topography.
2. Prepare preliminary alternative archte.etur.al treatments
for the Keller Street Parking Structure d,iff,erent from that
in the preliminary design. Final design of architectural
treatment will be performed under Section ,A regardless of
which treatment is selected.
3. Furnish additiona-l sets of .plans and specifications .for
bidding purposes.
4
PART C - CONSTRUCTION
During construction of the DOWNTOWN PARKING FACILITIES, the
ENGINEER shall provide the following service
1. Provide a Resident Engineer to su,perv'ise construction.
2. Review and check shop drawings and other submittals
required from the Contractor by the specifications..
3. .Prepare any change orders which may `be required and
have them accepted by the Contractor and issued by the CITY.
4, Review requests of the Contractor for periodic payments
and recommend payment to the City...
5. Conduct a final inspection in company with the CITY
inspector prior to acceptance of the PROJECT by the CITY.
6. Correct the original contract plans to reflect the as-
built conditions a.nd deliver the corrected plans to the CITY
within 60 day's after construction is complete.
PAR_T,U - CITY'5 RESPONSIB,I=CITIES
The CITY shall provide the following s~e;rv.ices:
5
1. Assist 't he ENGINEER by placing-at his disposal a,ll
available inf"ormation relevant to the"des,ign and construction
of the PROJECT.
2. Provide any"necessary ancillary services not requested
from the ENGINEER..
3. Review and approve pre im`inary and construction plans.
4. Obtain any necessary permits and. approval from other
agencies.
5. Advertise"for bids, issue plans-, hold bonds, and perform
other items of work associa ed with public works contracts.
PART E - TIME OF COMPLETION
Final design contract plans a,nd special provisions shall be
completed within 120' daps after execution of this Agreement
by all parties.
PART F - COMP'ENSATI'ON
- __
1. As :compensaaio;n for completing a;ll work required o.f h•m
under Part A Final Design of this Agreement the. Engineer
shall receive the sum of One Hundred Eighty-five Thousand
Dollars (~1~3S,OOU). This sum shall"be paid in monthly
6
ins-tallments. The percentage. of the fee paid each month
shall be equal to the percentage of the work completed that
month as shown in the monthly progress .repo`rt to the City.
2. As reimbursement for providing services outlined in
Part B Ancillary Services and Part C Construction of this
Agreement, the Engineer shall receive payment for direct
salary charges and for other direct non-salary expenses.
The amount of the direct salary charges shall be determined
by multiplying the number of hours properly chargeable to
the project by the employees wage rate as set forth in the
attached Fixed Hourly Labor Rate Schedule. Direct non-
salary expenses for which the Engineer shall be compensated
shall included:
® the amount of the actual payment by Engineer to firms
not members 'of the. design team for suppTyin.g requested
services
® payment to outside specialists who are not members of
the. de :ign Geam a.nd whose employees wage ;rates are not
included in the attached wage rate schedule
® printing and reproduction costs.
~ transporCation - the use of automobiles shall be
compensated ,at the rate of X0.30-:per mile
® communication - long distance telephone and postage
charges
7
Reimbursement for providing services outlined in Part B
Ancillary Services shall not exceed:Ten Thousand Dollars
(510,000).
Reimbursement for providing services outlined in Part C.
Construction shall not exceed One Hundred Twenty-two Thousand
Nine Hundred Dollars ($12.2.,900)..
PART 'G - TERMINAT:T.ON
City may, for cause and' good faith,`termna;te this Agreement
at any time prior to completion by Engineer of the services
required hereunder:, Notice of termination of this Agreement
shall be given in writing to Engineer,'and'sha.la be sufficient
and complete when Same is deposited in the U.S. Mails,
postage prepaid ane3 certified, addressed as below.
De Leuw, Cattier & Company
Post Office Box 3'321
San Francisco, California 94119
The Agreeme-nt shall be terminated upon receipt of the Notice
of Termina ion by Engineer. In the .event this. Agreement is
terminated by City, Engineer shall b'e paid the value of
services performed by him .pursuant to this Agreement prior
to the date of termination.
8
PART H - ENGINEER'S LIABILITY AND INSURANCE
In the performance of the engineering services herein provided
for, Engineer shall be, and is, a~n independent contractor, and
is not an agent or employee of. City. Engineer has and shall
retain the right to exercise full control and supervision of
the services, an'd full control over the employment, direction,
and discharge of all persons assisting Engineer in the performance
of said engineering services hereunder. Engineer shall be solely
responsible to save City harmless for all m`at€ers relating to
the payment of Engineer's employees, including compliance with
Social Security, w.orkmen's compensation 1a'ws, tax withholding,
and all other regulations governing such matters. Engineer
shall indemnify and. hohd harmless City, their officers, agents,
and employees, from liability for personal injury,. property
damage and/or death proximately. caused by the negligent acts
or omission or w..illful misconduct of Engineer or anyone acting
on its behalf or at i..ts irrsistsnce in connection with this Agreement.
Engineer shall not incur any liability to City, their officers,
agents, and employees,, or to any other :person or entity for
consequential d''amages arising out of or in connection w h.t.hs
Agreement.
Engine,e:r shall maintain Workman's Compensati:o.n Insurance as
required b_y ,law and in addition shall maintain comprehensive
y
./ w `~
general liability'insurance ins luding autom ile. liability insurance
in the amourst no`t less than (1) hree unfired Thousand Dollars
(530.0,000) bodily injury liabilit fo;r,.each person and for each
• a
occurrence anal (2) Fifty Thous d Do lags ($SO,,OUO) property
damage liability for each.o.c urrence.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized re pect;ve officers,
as follows:
By Engineer this day of
1984.
DE' LEUW, GATHER & COMPANY
By
By CITY OF PETALUMA this. day of
Approved as to Form: CITY OF' PETALUMA
B,y
City Att_o'x`ney Mayor
ATTEST r
By
City Clerk
10
1y84.
r _ ~'
l'"
FIXED HOURLY LAT3OR RATE SCHEDULE
De Leuw, Cather Labor Rates:
t3illing
ASCE Grade Rate
Engineers:
IX 8.1.70
VIII 73.10
VII 58.90
VI Sl.lU
V 43.20
IV 37.40
III 34.70
II 28.60
I 23.20
Technicians:
C 26.60.
B 16.90
A 16.40
Secretarial/Clerical 30.00
Architect and Landscape Architect Labor Rates:
Architect Principal 65.00
Architect 45.00
Architect Technician C 35.00
Architect Tech°nician B 26.00
Architect Technician A 17.00
Note: The above rates include salary, overhead
(all operating expenses, general and
administrative expenses, payroll additives,
and taxes) , and allowance for p:raf it..
11