HomeMy WebLinkAboutItem 4.04 AgmtCordobaDubRanAD CITY CLERK
Fi=e # L_JI II
AGENDA STATEMENT
CITY'COUNCIL'MEETiNG DATE: August 3, 1999
SUBJECT: Agreement with Eric Cordoba, Inc., for Dublin Ranch Assessment
District Processing and Oversight Engineering Services
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHM. ENTS; 1) Resolution
2) Proposed Agreement
3) Letter from George Homolka concerning retirement
RECOMMENDATION: Adopt resolution approving agreement
FINANCIAL STATEMENT: The proposed fee for the work is not to exceed $100,000 for a one
year period. The cost of services to be provided under this
agreement would be paid by the Assessment District once it has
been formed and bonds sold. Preliminarily, the cost of services
would be paid from deposits received from Jennifer Lin (Dublin
Ranch' Developer) and later reimbursed by the Assessment District,
when formed.
DESCRIPTION: The Dublin Ranch Assessment Distric! is an improvement
assessment district that is currently being formed in Eastern Dublin. The Assessment District will fund
improvements, such as construction of major arterial streets, including Gleason Drive, Dublin BOulevard,
Central Parkway, Fallon Road, and other connecting streets; storm drain improvements and other utility
infrastructure and freeway improvements needed for Development of the Assessment District Area.
Participants in the Assessment District will include all land currently o~med by Jennifer Lin and within
the Eastern Dublin Specific Plan, with the exception of Area "A".
The City entered into a consulting agreement with Mr. George Homolka to perform various duties on the
Dublin Ranch projects. Mr. Homolka is planning to retire in the near future and has requested that Eric
Cordob'a, currently working as a subconsultant for George Homolka, Inc., continue as a consultant for the
City,. To that end, this proposed agreement covers engineering services to be provided by Mr. Cordoba in
processing and oversight of the Dublin Ranch Assessment District.
Part of the scope of work includes preparation and coordination of needed improvements and preparing
needed materials for public hearings that are required to be held during formation of the District,
oversight of the improvement scope of work and estimates, and phasing of needed infrastructure
improvements. Approval of this agreement does not constitute approval of the District itself.
As previously noted in the Financial Statement of this report, the cOst of services Wili be paid bY deposi~s:~'
from Jennifer Lin, Developer ~of Dublin Ranch.
Staff recommends that the City CoUncil adopt the resolution approving the agreement. ~
2
RESOLUTION NO. - 99
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH CORDOBA CONSULTING, INC.
FOR CONSULTING ENGINEERING SERVICES
WHEREAS, the Dublin Ranch Assessment District is planned to be constructed as part of the
development process in Eastern Dublin; and
WHEREAS, the City desires to utilize the services of Cordoba Consulting, Inc. to provide
the City with coordination of engineering review of the infrastructure planning as it relates to the General
Plan Amendment, Specific Plan Amendment, and Rezoning, and related activities; and
WHEREAS, Cordoba Consulting, Inc. has and is providing the City with other consulting work in
a professional and satisfactory manner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the agreement with Cordoba Consulting, Inc. for consulting engineering services.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 3rd day of August, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:\engrMaomolkakreso agmt 2Mar99 ~ -'
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
TI-IlS AGREEMENT is made at Dublin, California, as of August 3, 1999, by and between
the CITY OF DUBLIN, a municipal corporation ("City"), and Cordoba Consulting Inc. ("Consultant"),
who agree as follows:
I. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said
services at the time, place, and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall
be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no
manner be specified in ExtSbit B, then according to the usual and customary procedures and practices
which Consultant uses for billing clients similar to City.
3. FACILITIES AND EOUIPMENT. Except as set forth in Exhibit C, Consultant shall, at
its sole cost and expense, famish all facilities and equipment which may be required for furnishing
sen;ices pursuant to this A~eement. City shall furnish to Consultant only the facilities and equipment
listed in Exln_ibit C according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Ageement. In the event of any inconsistency between said general provisions and any other terms or
conditions of this Ageement, the other term or condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. SLTBCONTRACTING. The Consultant intends to subcontract all or portions of the
work- contemplated to George Homolka. Said subcontract arrangement has been approved by the City.
7. CHANGES. City may from time to time require changes in the scope of the services by
Consultant to be performed under this Agreement. Such changes, including any change in the amount of
Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as
amendments tO th_is Ageement only when in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project
for the duration of the project. There shall be no change in the Project Manager or members of the project
team without pr/or v, Titten approval by the City. The Project Manager for Consultant shall be Eric
Cordoba.
A~reement
Page 1 of 2
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9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S.
THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. NOTICES. Any written notice to Consultant shall be sent to:
Cordoba Consulting Inc.
5368 Laurel Drive
Concord, CA. 94521
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public WorM/City Engineer
P. O. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLIN,
a municipal corporation
By
City Clerk
By
"ConSultant''
Approved as to form:
City Attorney
A~eement ~ -'
Page 2 of 2
07/21/99
SCOPE OF SERVICES AND SCHEDULE
Scope of Services:
Review, schedule and oversee the processing of the proposed Assessment District, to include:
a. Review of petition and preparation of Council agenda statement to initiate district.
b. Review En,meer s estimates of work, assemble the initial Engineer s Report and updates from data
received from proponents engineer and prepare Council agenda statement. Oversee plancheck of
improvements to be constructed within the district.
c. Provide requested documentation for district processing as requested by the District Counsel and Bond
Counsel.
d. Review and comment on developer's process to bid, let contracts and pay contractor's invoices, together
with change orders.
e. Review soft cost claims for design and contract administration.
f. Provide cost backup and recommendations to City for processing payment requests to developer.
g. Provide Traffic Impact Fee credit analysis for work performed through Assessment District.
h. Prepare project and Assessment District closeout docdments, together with City Council agenda statements.
i. Attend meetings and coordinate with Staff, developers, developers' engineers, and at City Council.
Prepare and maintain schedule of work and cash flow.
k. Administer and manage contracts with plan check and construction consultants.
I. Coordinate and administer the acquisition of off-site right-of-way necessary for assessment district work.
m. Review and approve the phasing for the proposed Assessment District.
This Scope does not include the hiring of Assessment District Counsel, bond Counsel, appraisers or design
engineers
Exhibit A
Page 1 of 1
EXHIBIT B
PAYMENT SCHEDULE
City shall pay Consultant an amount not to exceed the total sum of $100,000 for
services to be performed pursuant to this Agreement. Consultant shall submit invoices on a
monthly basis.
The total sum stated above shall be the total which City shall pay for services to
be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for
any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this
Agreement.
City shall make no payment for any extra, further or additional service pursuant to
this Agreement unless such extra service and the price therefor is agzeed to in writing executed
by the City Manager or other designated official of City authorized to obligate City thereto prior
to the time such extra service is rendered and in no event shall such change order exceed twenty-
five percent (25%) of the initial contract price.
The services to be provided under this Agreement may be terminated without
cause at any point in time in the Sole and exclusive discretion of City. If the Agreement is
terminated by City~ Consultant shall be entitles to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials to the effective date of
such termination. In that event, all finished and unfinished documents and other materials shall,
at the option of the City, become City's sole and exclusive property. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement. Consultant
shall maintain adequate logs and timesheets in order to verify costs incurred to date.
The Consultant is not authorized to perform any services or incur any costs
whatsoever under the' terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Dublin.
Exhibit B ;- ---
Page 1 of 1
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EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and
time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility which may involve incurring any direct expense,
including, but not'limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit C ~ ~ -'--
Page 1 of 1
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of Consultant's engineering services rendered
pursuant to thik Agreement; however, City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETC. ConsUltant represents and warrants to City that he has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally required
for Consultant to practice his profession. Consultant represents and warrants to City that
Consultant shall, at his sole cost and expense~ keep in effect at all times during the term of this
A~eement any licenses, permits, and approvals which are legally required for Consultant to
practice his profession.
3. TIME. Consultant shall devote such time to the performance of services pursuant to this
AFeement as may be reasonably necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement.
4. INSURANCE REOUIREMENTS. consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the Performance _of the work hereunder by the Consultant, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the
Consultant's bid.
A. MinimuTM Scope of Insurance. Coverage shall be at least as broad as:
(1) InSurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less titan:
Exhibit D
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(1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials and employees; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
D. ' Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
(1) General Liability and Automobile Liability Coverages.
(a) The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or
on behalf of the Consultant; products and completed operations of the
Consultant, premises owned, occupied or used by the Consultant, or
automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contai-r; no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or volunteers.
(b) The Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it. -
(c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
(d) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(2) Worker's Compensation and Employers Liability Coverage.
Exhibit D ~
Page 2 of 5
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The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City.
(3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in
· coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
E. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VIII.
F. Verification of Coverage. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by'this clause. The certificates
and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.
H. The Risk Manager of City may approve a variation of those insurance requirements upon
a determination that the coverages, scope, limits and forms of such insurance are either
not commercially available or that the City's interests are otherwise fully protected.
5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City
to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant shall, immediately upon
receiving notice from City of such desire of City, cause the removal of such person or persons.
8. STANrDARD OF PERFORMANCE. Consultant shall perform ail services required pursuant to
this Ag-reement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in which
Consultant practices his profession. All instruments of service of whatsoever nature which '
Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first
Exhibit D '; --
Page 3 of 5
07/21/99
class and workmanlike manner and conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to
him, to any subconsultant, to the City, to City officers and employees, or to parties designated by
the City, on account of the negligent performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of
the Consultant'or of his subconsultant. Consultant shall indemnify, defend and hold harmless the
City, its officers, officials, directors, employees and agents from and against any or ail toss,
liability, expense, claim, costs (including costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising from the negligent performance of the work.
This para~aph shall not be construed to exempt the City, its employees and officers from its own
fraud, willful injury or violation of taw whether willful or negligent. For purposes of Section
2782 of the Civil Code the parties hereto recoguize and a~ee that this Ageement is not a
construction contract. By execution of this Agreement Consultant acknowledges and agrees that
he has read and understands the provisions hereof and that this paragraph is a material element of
consideration.
Approval of the insurance contracts does not relieve the Consultant or subconsultants from
liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable
rules and regulations to which City is bound_by the terms of such fiscal assistance program.
11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or,other '~tten documents or materials prepared by Consultant
pursuant to this Agreement shall become the property of City upon completion of the work to be
performed hereunder or upon termination of the Agreement. No such materials or properties
produced in whole or in part under this Agreement shall be subject to private use, copyrights, or
patent rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose (as may be
limited by the provisions of the California Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Exhibit D
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GEORGE E. HOMOLKA, Inc.
4039 W. Lak~shore Drive, San Ramon CA 94583
Phone: 925-735-1822
fax: 925735-1821
May 19, 1999
Lee S. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA 94568
Subject: Subcontracting under Assessment Distr/ct Standard Consulting Engineering
Services A~eement, Dated May 4, 1999.
Dear Lee:
Pursuant to our discussions regarding my availability and 3'our desire for me to concentrate on
the Dublin RanCh Project, I am requesting that you si_on in the space below to indicate approval
of subcontracting of certain portions of this work to Cordoba Consulting, Inc. Eric Cordoba of
Cordoba Consulting, Inc. will be the Pro_m-am Manager for this work. Further, it is my desire that
this contract be transferred to Cordoba Consul_ting, Inc. due to my retirement schedule.
If you have any questions, please contact me.