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HomeMy WebLinkAboutReso 116-1986 RESOLUTION NO. 116-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF FIFTH AMENDMENT TO AGREEMENT FOR PRO- FESSIONAL ENGINEERING SERVICES FOR THE GATEWAY ASSESSMENT DISTRICT (ST-82-2 - PHASE II) BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement. The Agreement entitled "Fifth Amendment to Agreement for Professional Engineering Services for the Gateway Assessment District" between the City of South San Francisco and Wilsey & Ham, a California Corporation, is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1." 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest her signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 25th day of June , 1986 , by the following vote: AYES: NOES: ABSENT: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None Councilman John "Jack" Drago ATTEST: C~ity Clerk~. ~ - EXHIBIT I TO RESOLUTION N~ 116-86 622-0810 FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE GATEWAY ASSESSMENT DISTRICT Revised 5/21/86 The Fifth Amendment to Agreement is made this 25th_ .... day of June- , 1986 by and between CITY OF SOUTH SAN FRANCISCO. hereinafter called the CITY and WILSEY & HAM, a California Corporation consisting of engineers, surveyors and technicians, hereinafter called the CONSULTANT. Whereas, the CITY and the CONSULTANT desire to amend that certain Agreement for Professional Engineering Services for the Gateway Assessment District dated 3uly 21, 1982, hereinafter referred to as the Basic Agreement, as amended by the First, Second Third and Fourth Amendments to the Agreement dated March IQ. 198Q October 10, 198Q, April 18. 1985 and December 11, 1985 respectively, hereinafter referred to as the First, Second Third and Fourth Amendments. Now, Therefore. This Fifth Amendment to Agreement Witnesseth: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed as follows: SECTION I AMENDED SCOPE OF SERVICES The services which the CONSULTANT agrees to perform as described in Exhibit A "Scope of Services" to the Basic Agreement are hereby amended as follows: Provide special supplementary design, studies and coordination services related to Gateway Boulevard Extension Design to supplement services specified under Phase 6, of the Basic Agreement and as described under Exhibits D & E of this Fifth Amendment. Provide required additional site observation, coordination and administrative services associated with the Produce Avenue Widening construction, all as required to supplement construction management services currently being provided under the Basic Agreement and as described under Exhibits D & E of this Fifth Amendment. Provide bidding period services and the services of a resident project representative, construction surveying and staking and other construction management and design support services during the Phase II construction period for Gateway Extension as specified under a revised Phase Q. of Exhibit A, Scope of Services for the Basic Agreement all as described under Exhibits A. D & E of this Fifth Amendment. I of 12 SECTION 2. AMENDED COMPENSATION s/21/8 Section 6. Compensation under the Basic Agreement is hereby amended as fOllows: As compensation for performance of all the services described for Phase 1 through Phase 7 of Exhibit A as amended by the First Amendment, Second Amendment, Third Amendment Fourth Amendment and this Fifth Amendment provided herein. the CITY agrees to pay the CONSULTANT on a time and materials basis up to a maximum limit as indicated below in accordance with Exhibit B, CONSULTANT S Standard Fee Schedule. The maximum compensation to be paid CONSULTANT under this Fifth Amendment to Agreement is hereby increased from $1.787,615 to $1,96#,840 representing an increased compensation of $177,225 to account for the additional services to be performed by CONSULTANT as described above and in Exhibits A, D, and E attached hereto and made a part of this Amendment to the Agreement. CITY and CONSULTANT agree that said attached CONSULTANT'S Standard Fee Schedule shall be effective through December 31, 1986 and may be amended annually thereafter Such amendment shall be in writing and shall be signed by the parties hereto. Except as modified by this Fifth Amendment, the Basic Agreement with the First. Second, Third and Fourth Amendments is hereby ratified and confirmed. In witness whereof, the parties to these presents have hereunto caused these presents to be executed in duplicate the day and year first above mentioned. ATTEST: =CITY OF SOUTH SAN FRANCISCO TITLE: Mayor APPROVED FOR FORM: CiYy Attorney S:6 WILSEY & HAM TITLE: ~"/~-e' /~. 2of 12 EXHIBIT A PHASE ~ OF EXHIBIT A OF BASIC AGREEMENT REVISED FOR FIFTH AMENDMENT SCOPE OF SERVICES Phase (2) Construction Management for Gateway Extension Project: Perform the following services during bidding and prior to Award of Contract and state of construction: a. Conduct a prebid meeting to review plans and specifications with prospective bidders; b. Prepare any necessary addenda during the bidding period; Ce Assist in securing bids, tabulation and analysis of bid results and' submit recommendations for award of contract to Engineer of Work; and d. Assist Engineer of Work in conducting preconstruction meeting to review contractor's and project schedules. During bid period, furnish all required half-size and full-size sets of contract drawings plus all required sets of specifications, addenda and other contract documents for bidders marked "Issued for Bidding", City, other affected City consultants and public and p~ivate agencies. Sets of contract drawings, specifications and documents will be provided in accordance with Exhibit CONSULTANT'S Standard Fee Schedule. Furnish a Resident Project Field Representative During Construction. The Resident Project Field Representative will be an agent of the Engineer of Work for the Gateway Assessment District and will act as directed by and under the supervision of the Engineer of Work and will confer with Engineer of Work regarding his actions. Resident Project Field Representative's dealings in matters pertaining to the work shall in general be only with Engineer of Work and CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with CITY will only be through or as directed by Engineer of Work. Duties and Responsibilities of the Resident Project Field Representative will be as described below: Schedules: Review the progress schedule, and schedule of Shop Drawing submissions prepared by CONTRACTOR and consult with Engineer of Work concerning their acceptability. be Conferences: Attend preconstruction conference. Arrange a schedule of progress meetings and other job conferences as required in consultation with Engineer of Work and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3of 12 Ce dm Liaison: (i) Serve as Engineer of Work's liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract Documents. Assist Engineer of Work in serving as CITY'S liaison with CONTRACTOR when CONTRACTOR'S operations affact CITY'S on-site operations. (ii) As requested by Engineer of Work, assist in obtaining from Design Consultant additional details or information, when required at the job site for proper execution of Work. (iii) Provide all necessary coordination and on-going liaison with the City's geotechnical consultant and other City authorized testing agencies to provide the required field and laboratory testing, site observation and other required consultations as relates to quality control testing and installation of soils. asphalt and concrete construction materials. Shop Drawings and Sa,pies: (i) Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify Engineer of Work of their availability for examination. (ii) Advise Engineer of Work and CONTRACTOR or CONTRACTOR'S superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by Engineer of Work. Review of Work, Rejection of Tests: (i) (ii) (iii) (iv) Defective Work, Inspections and Conduct on-site observations of the Work in progress to assist Engineer of Work in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. Report to Engineer of Work whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise Engineer of Work when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Verify that tests, equipment and systems startups and operating and maintenance instruction are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to Engineer of Work appropriate details relative to the test procedures and startups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to Engineer of Work. t, of 12 he Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and repor~ 'them with recommendations to Engineer of Work. Records: (i) Maintain at the job site orderly files for correspondence, reports or job conferences, Shop Drawings and sample submissions, reproductions o! original Contract Documents including all addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract, Engineer of Work's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (ii) Keep a diary or log book recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to Engineer of Work. (iii) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. Reports: (i) Furnish Engineer of Work periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule Shop Drawing submissions. (ii) Consult with Engineer of Work in advance of scheduled major tests, inspections and start of important phases of the work. (iii) Report immediately to Engineer of Work upon the occur,ncc of any accident. Payment Requisitions: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward them with recommendations to Engineer of Work, noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed; and deliver this material to Engineer of Work for his review prior to final acceptance of the Work 1. Report on all claims against the Assessment District. 5of 12 me Completion: (i) Before Engineer of Work issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. (ii) Conduct final inspection in the company of Engineer of Work, Design Consultant, and CONTRACTOR and prepare a final list of items to be completed or corrected. (iii) Verify that all items on final list have been compJet'ed or corrected and make recommendations to Engineer of Work concerning acceptance. Except upon written instructions of Engineer of Work, Resident Project Representative: Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. Shall not exceed limitations on Engineer of Work's authority as set forth in Contract Documents. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent, or expedite the Work. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents (3) Provide Design Engineering Support Services During Construction as follows: Furnish all required sets of Contract documents marked "Issued for Construction" to Contractor, City and other pertinent public and private agencies and companies a~ter Contract Award. Prepare for, and attend preconstruction conference and provide input to minutes of said conference. Ce Review shop drawings and other submittals for conformance with Contract Documents. d. Provide two times, estimate and breakdown of construction costs. for determining financial participation by Homart and City. Perform engineering for, and review of construction change orders and make recommendations relating to same to the Engineer of Work. Provide clarification and interpretation of design questions and maintain on-going liaison with City and field personnel, and utilizing construction cost input from field personnel, provide recommendations as to progress payments for Contractors and asssit in preparing regular updated summaries and cost breakdowns relating to Assessment District financial breakdowns and participation percentages. 6of 12 he Attend construction meetings and final inspection and provide periodic site visits by office design personnel as necessary to support field personnel and monitor critical construction activities. tn conjunction with field personnel, prepare "punch-list" based on final inspection prior to final acceptance. At the end of construction, prepare and furnish a mylar set of "Record Drawings" plus four (4) sets of blueline prints utilizing the master set of construction drawings maintained at the job site by the Contractor and the District's field personnel within 25 days of the acceptance of the work by the City Council Services include all necessary liaison with and submittal review, site visits and consultation by electrical subconsultant of Wilsey & Ham as relates to facilities designed by said subconsultant. (4) Provide the following Construction Staking Services: Perform surveying and staking necessary to provide construction contractor with grade and line control on a one-time basis. Said work shall be in accordance with the appropriate provisions of the City of South San Francisco Standards and with details shown on the Contract Plans as "Issued for Construction". Any restaking. except for Wilsey & Ham's error and/or stakes rendered useless because of direction given by Wilsey & Ham, shall be at no expense to Wilsey & Ham; As specified under Article 2.7 of Section 01500 of the Contract Specifications, construction staking to be provided is as follows= A. Rough Gradinl~: e One set of stakes on street centerlines will be furnished at 50-foot intervals. Cuts and fill will reference to the street profile grade. One set of line and grade stakes (at 50-foot interVals) will be furnished for placement of the 72" SD earth Surcharge. B. Storm Drain: 1. One set of stakes for line and grade will be furnished at 50-foot intervals and at each manhole and drop inlet and iunction boxes. Said drop inlet stakes will be referenced to the centerline of each drop inlet at the face of curb, with appropriate olfsets. Where drop inlets occur on a curve, reference stakes will also be set radially to the face of curb. Six additional line and grade stakes will be furnished for construction of the 3unction Structure. 2. Provision of cut sheets as required. 7of 12 be Curb and Gutter= 1. One set of stakes for line and grade set at an offset from face of curb. Stakes will be set at 50-foot intervals. Stakes wi1] also be set at ail be§inning and ending of horizonta] and vertica] curves, grade breaks, return points and radius points of return. Fine street grading will be completed from the curb and gutter stakes. 2. One stake will be set for each driveway along the curb stake line to indicate the position of the centerJine of driveway at the face of curb line. 3. One stake will be set to indicate the centerJine of each handicap ramp. /+. Provision of cut sheets as required. Monuments: Initially. at the monument positions shown on the plans, a nail and four straddler reference points will be set. After the Contractor sets the street monuments in place, Wilsey & Ham will return and punch the precise monument position on the monument disc utilizing the reference points. Electroliers and Traffic Signals: One stake will be furnished to mark the centerline of each electrolier and traffic signal mast. Retaining Walls.' One set of line and grade stakes will be furnished for wall construction. In addition, upon completion of Contract construction work. prepare a Record of Survey and submit to County for recording. 5:6 8of 12 EXHIBIT B WIJ.,SEY dc HAM STANDARD FEE SCHEDULE The compensation for CONSULTANT for work done on the basis of salary cost times a factor, plus incurred expenses (which may be referred to as "time and materials" or "standard billing") will be the sum of all the items set forth below: A. PERSONNEL SERVICES 2.2 times salary cost. Salary cost is defined as total hours worked times the employee's straight-time rate of pay on an hourly basis plus 37% allowance for payroll taxes and other employee benefits. All time spent in connection with the order by executive, professional, subprofessional, technical and clerical employees will be included. The current billing rates are attached herewith as Exhibit C. Overtime premium (overtime hours worked times the difference between overtime and straight-time pay rates). B. TRAVEL AND TRANSPORTATION EXPENSES Reimbursement for actual travel and subsistence expenses paid to or on behalf of employees on business connected with the project, plus a service charge of 10%. Thirty-five cents (35¢) per mile for use of vehicles. A minimum of four dollars ($z~.00) per hour will be charged for use of vehicles carrying field survey equipment or used by field representative personnel. C. OUTSIDE SERVICES Invoice cost of services and expenses charged to CONSULTANT by outside consultants, professional, or technical firms engaged in connectioin with the order, plus 15% overhead costs. This markup shall also be the only markup applied to part-time contract labor furnished by outside firms. D. MISCELLANEOUS EXPENSES The invoice cost of materials, supplies, reproduction work, and other services, including communication expenses, procured by CONSULTANT from outside sources, plus a service charge of 10%. Ali out-of-pocket expenses not included in Items A, B, and C will be included in this category. El&ctronic distance measuring devices used in performing services for CITY. Varies depending on instrument used b. Computer use charges Varies depending upon program and outside service use. S:6 c. Word Processor Varies depending on machine used 9of 12 EXHIBIT C WILSEY & HAM CURRENT BILLING RATES (Subject To Change) Clarification Principal Program Director Project Manager Engineer Surveyor Draftsperson Clerical/Administrative Hourly Rate $100.00 80.00 59.00 36.00 50.00 39.00 15.00 - 110.00 - 85.00 - 7~.00 - 66.00 - ~6 O0 - 51.00 - ~5.00 The above rates are figured at 2.2 markup. April 8, 1986 l0 of 12 EXHIBIT D COST BASIS FOR REQUESTED CONTRACT FEE INCREASE UNDER FIFTH AMENDMENT FOR PROFESSIONAL ENGINEERING SERVICES BY WILSEY & HAM FOR THE GATEWAy ASSESSMENT DISTRICT ST-g2-2 Current Maximum Contract Sum for Services Estimated Additional Fees Requested; ao Gateway Extension Design Closeout; Fees for Supplementary Studies, Survey. Coordination and Design Related to Protection of PG&E Facilities and Interface with Adjacent Private Landholders Estimated Fees for Construction Administration for Produce Ave. Widening Related to Extended Time of Construction & Encounter- ment of Unforseen Soil Conditions Ce Estimated Fees for Provision of Bid Period Services and Field Representative, Survey and Design Support Services During Construction Period for Gateway Extension (Based on 135 working day construction period) Total Requested Additional Fees (Sum of Item 2a-2c) Revised Contract Sum $11.770 13.900 151.555 1.787,615 177,225 1.96#,8Q0 S:6 11 of 12 EXHIBIT E FEE BREAKDOIffN FOR SPECIAL OR ADDITIONAL SERVICES AS INDICATED IN EXHIBIT D (FIFTH AMENDMENT) FOR THE GATEWAY ASSESSMENT DISTRICT ST-g2-2 3/2i/g6 PHASE !I GATEWAY EXTENSION DESIGN CLOSEOUT: 1. Supplementary Studies, Survey. Coordination and Design to Provide: a,Retaining Walls for Protection oi PG&E Transmission Towers b, Interface with Private Landholders: Facilities Affected by Gateway Boulevard Extension Construction Total Estimated Dollar Amount PRODUCE AVENUE WIDENING - CONSTRUCTION PHASE: Additional Costs for Construction Administration Related to Extended Time of Construction and Un~orseen Soil Conditions PROVISION OF CONSTRUCTION PERIOD SERVICES FOR GATEWAY EXTENSION I Construction Staking and Record of Survey 2 Bid Period Services 3. Field Representative's Services #. Design Engineering Support Services Total Estimated Dollar Amount For C 6,300 5:~70 13,900 39,600 5,960 66. 295 39,700 $151.5 5 5:6 12 of 12