HomeMy WebLinkAbout4.09 Storm Drain Condition Assmt~~~y OF Dp~~y
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STAF~F REPORT C I T Y C L E R K
DUBLIN CITY COUNCIL File # ^[~O]0^C~-~~~~
DATE: July 19, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC : Approval of Consultant Agreement for Design Engineering Services with Harris
and Associates for the Citywide Storm Drain Condition Assessment, CIP No.
960017
Prepared By: Mark Lander, City Engineer
EXECUTIVE SUMMARY:
The Citywide Storm Drain Assessment
inspection, assessment and repairs of the
City Council for a consultant contract wit
and prioritization report and to undertake
undertaken in Fiscal Year 2011-2012.
FINANCIAL IMPACT:
is a multi-year project that provides for phased
City's storm drain system. Approval is needed by the
h Harris and Associates to complete an assessment
the design and engineering plans for repairs to be
A total of $150,000 has been appropriated in this Capital Project in Fiscal Year 2011-2012. The
funding source is the General Fund. The total cost of the proposed Engineering Services to be
prepared by Harris & Associates is $54,382 and with a 10% contingency a total cost of $59,820.
As shown below the cost of these services exceed the original amount budgeted for Contract
Services. Based on preliminary discussions with the Consultants, Staff proposes to reduce the
amount appropriated for Improvements to maintain the current project budget.
PROJECT 960017 -
(2011-2012) Budget Estimate In
Capitallmprovement
Pro ram Revised Project
Budget
Staff Costs / Printin $ 5,600 $ 5,600
Contract Services Desi n 39,900 59,820
Im rovements 104,500 84,580
TOTAL PROJECT $150,000 $150,000
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving Agreement
with Ha is and Associat for the 'tywide Storm Drain Condition ssme , CIP
Project 96001;7 ~ ~~~~~ n
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S mitted Reviewed By eview B
P lic Works Director Admin. Services Director Assistant ity M ager
Page 1 of 2 ITEM NO. ~' ~
DESCRIPTION:
The Citywide Storm Drain Assessment (CIP Project 960017) is a multi-year phased project to
inspect, assess, and make needed repairs to the City's storm drain system. The 2011-2012
Fiscal Year CIP budget allocates a total of $150,000 toward this work. The Project scope of
work includes: 1) Design and repair work to correct problems identified in a previous
assessment report, based on camera inspections completed during the 2007-2008 Fiscal Year;
and 2) Preparation of an assessment report using inspection data obtained during the 2008-
2009 Fiscal Year.
Staff is proposing to contract with Harris and Associates to complete design engineering for the
repair work, as well as to review the second year inspection data and prepare the second year
assessment report. The firm has extensive experience with storm and sewer pipe repair, and is
familiar with a variety of repair methods that avoid the cost and disruption of open-cut repairs or
replacement.
Harris and Associates has provided a proposal in the amount of $54,382 for this work. Allowing
for a 10% contingency the total amount for these services is $59,820, and the project budget
estimate included $39,900 for these services. Based on preliminary discussion with the
consultants at Harris, the proposed construction work may be less costly than originally
projected. Therefore, Staff will complete an administrative project budget adjustment to include
more funds for contract services and reduce the amount available for improvements. As part of
the project design work, Harris and Associates will be preparing an Engineers estimate of the
repair work prior to seeking bids. This will allow Staff to consider alternatives based on the
funds budgeted.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Residents and businesses adjacent to the pipes requiring repairs will receive noticing as the
start of construction has been scheduled.
ATTACHMENTS: 1. Resolution Approving Consultant Agreement for Design with
Harris and Associates, Including Exhibit "A", Agreement
G:\CIP\Storm Drain Assessment\Harris and Associates\Staff Report Harris Contract Award 7-19-11.doc
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RESOLUTION NO. -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AGREEMENT WITH HARRIS AND ASSOCIATES FOR DESIGN
ENGINEERING SERVICES - CITYWIDE STORM DRAIN CONDITION ASSESSMENT
PROJECT# 960017
WHEREAS, the City of Dublin `s Five-Year Capital Improvement Program for the 2010-
2015 Fiscal Years includes the Citywide Storm Drain Condition Assessment for
inspection, assessment, and repair of the City's storm drain system; and
WHEREAS, the City desires to utilize the services of Harris and Associates to perform
design engineering and related services for said project; and
WHEREAS, appropriations for Fiscal Year 2011-2012 includes adequate funding for this
work;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement with Harris and Associates for consulting services needed
for Project 960017 as described in the Staff Report presented July 19, 2011 and in an
amount not to exceed $59,820.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement.
PASSED, APPROVED AND ADOPTED this 19th day of July, 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF°DUBLIN AND HARRIS AND ASSOCIATES'
THIS AGREEMENT forconsulting.seruices is made by and beiween fhe`CITY OF DUBCIN (°Gity")
and HARRIS AND ASSOCIATES'("Consultanf`') as of July 19, 2011.
Section 1. SERVICES. Su6jeet to tfie terms and conditions set forth in this Agreement; Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in t~e manne.r specifietl therein. In tlie event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit.A, fhe Agreement:shall prevail.
1.1 Term.of Services. The teim ofthis Agreement:shall begin on the date frst noted above
and:shall end on June 3Q 2013. Consultant shall-complete the work.described in
Exhibit A prior fo tfiat date, unlesstheterm of the Agreement is.otherwise extended
pursuant fo the provisions for modification of the Agreement contained in Section 8;
The time provided to Consultant to>complete fhe services-required by this
Agreement shall not affect the City's right to terminate the Agreement, as provided.
in Section 8.
1.2 Standard of Performance. Gonsulfant shall perform all.services.required pursuant to
'this Agreement in the.manner and acco~ding to`the sfandards'observed by a competent
p~actitionerof the profession in which Consultanf is engaged in the geograpiiical area in
which Consultant praeEices its profession. Gonsultant shall prepare all workip~oducts
required by this Agreemenf in a<su6stantial; first-class mannerand shall conform to the
sfandards of qual'ity normally observed by;a person practicing in Consultant's profession.
1.3 Assignment>of Personnel. Consultant shall assign only competent personnel to perform
se,tvices pursua,nt to tliis Agreement. In the event that City, in its sole discrefion, at any
time.during the term ofthis Agreemenf, desires the reassignment of any such persons,
Consultant<shall, immediately upon receiVing notice from City of such desire of City,
reassign such person orpersons,
1.4 Time. Gonsultant shall devote such time to the performance of seNices pursuant to
this Agreement as may be reasonably necessary to meet the standard of performanee
provided in Section 1.1 above;and to satisfy Consultant's obligations hereunder.
Gonsultant shall not be responsible for delays beyond Consultant's reasonable control.
Section 2. COMPENSATION. ;City he[eby agrees to pay Consu(tant a sum not to exceed Forty-Three
Thousand Seven Huntlred Fifty-Two Dollars and No Cents ($43,752.00), notwithstanding any confrary
indications thaf may be contained in Consultant's proposal, for services to be performed and reimbursable
costs incurred under this Agreement: In the eVent of a conflict between this Agreement and Consultant's
proposai; attached as Exliibif A, regarding fhe amount of compensation, the Agreement shall prevail. City
shall pay Consuftant for services rendered pursuant to this Agreement at the time and in the manner set
fo~th herein. The payments<specified below shall be the only payrnents from City to Consultant for seNices
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the.manner specified
Consulting Services Agreement between July 19, 2011
City of Dublin and Hatris and Associates Page 1 of 13
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herein. Except as specifically aufhorized by City, Consultant shall nof bill Gity for duplicafe.seNices
performed by more than one person.,
Consnltant and;City acknowledge and agree.that:compensation paid by Cify`to Gonsultant under this
Agreement is pased upon'!ConSultant's:estimated costs of providing :the services requiretl here. under,
including salaries and benefits of employees and subeontrastors of Gonsultant. Gonsequentiy; the pa~ties
further agree that comPensation; hereunde~ is intended to inelude the costs of contributions to any pensions
andlor annuities to which Consultanf and ifs employees, agents, and subcontractors may be eligible: City
therefore has no responsibility for sueh contributions beyontl compensation ~equired under this Agreement:
2.1 Invoices. Consultant shall submit invoices; not more often tfian once'a month dunng the
term of this Ag~eement, based on the cost for services performed and;reim6ursable costs
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incurred prior to the' invoice date: Invoices shall contain the:following information;.
~ Clear numerical identification, with no duplication of numbe~ing;
^ The beginning and ending dates of the billing penod;
~ A Task Summary containing the onginal contract amount, the amguni of prio~
b: illings; the fotal' due tfiis period, the balance available under the Agreement, and
the percentage: of completion;
~ At City's option; foreaah :work item in each task, a copy of the applicabfe time.
entries or time sheets shall be submitted sfiowing the name of tfie person doing
the wo~k, the hours spent byeach person; a brief description of the wo~k, and
each reimbursable expense;
^ The.total number of hours of work performed, during tfie invoice pe~iod, under the
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Agreement by Consulfant and each employee, agent, and subcontractgr of
`Consultant performing services hereunde~;
~ Ttie Consultant's signatu~e.
2.2 Monthly PaVment. City shall make rnonthly payments, basetl on invoices reeeived, for
services satisfactonly performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an inuoice that complies with all of the cequirements
above to pay Gonsultanf.
2.3 Total Pavment: City sfiall pay for the services to be rendered by.Consultant pursuant to
this Agreemenf: City: shall no# pay any:additional sum for any expense or cost wfiatsoever
incurred by Consultant in rendering serviees pursuant to this Agreement. City shall rnake
no payment for any extra, further; or additional serviee pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of 4he maximum
amounf of compensation provided above either for a task or for the entire Agreement,
unless_the Agreement is modified prio~ to the submission of such en invoice'by a properfy
executed change orde~ or amendment,
2.4 Hourlv Fees. Fees for work performed by Gonsultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Ezhibit B.
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2,5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreemenf thatshall not be exceeded.
2.6 PaVment of Taxes. Cbnstiltant is:solely responsible for tlie;payment of employrnent taxes
incurced under this:Agreement and any similar federal or state taxes.
2.7 'Payment upon Termination. fn tlie event fhaC`the Cify or Consultant terminates this
Agreement pursuant to Sec6on $, the City shall compensate the Consu{tant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of tfie date of written notiee of termination. Consultant shall maintain adequafe logs' and
timesheets in order to verify cosfs incurred to that date:
2.8 Authorization to Perform Services. The Consultant is not`authorized ta perform any
services or incur any>costs wfiatsoeuer under fhe terms of ttiis Agreement`until receipt of.
aufhorization from the Contract.Administrator.
Secfion 3. FACILITIES AND EQUIPMENT: Exeept as set'forth'herein, Gonsultant shall, at its sole
cost-and expense, provide all facilities and equiprnenf that may be necessary:to perform the,services
required by this Agreement. 'City shall make available'to Consultant only the facilities and equipment listed
in this section, and only under the terms antl contlitions set fo~th herein:
Ciky shall furnish physical facilities such as desKs, filing cabinets;,and conference space, as may be
reasonably necessary foe Consultant's use while consulting with City employees and reviewing records and
the informatipn in possession of the City. The location, quantify, and time of fumishing those facilities shall
6e in the sole: disc~etion of Gity. In no event shall City 6e obligated to fumish any facility that may inuolve
incurring,any direct expense, inclutling but not:limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work underthis Agreement;
Consultant, at its own cost and expense;.shall procure''occurrence coverage" insurance againsf claims
for injuries to persons or damages to property that may arise from or in connectiort with the performance
of #he work hereunderby the Consulfant and its agents; representatives, employees, and subcontractors.
Consultant shall provide proof safisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain
the insuranee policies required by this section throughout the term of this Agreement, The cost of such
insurance shall be included in the Cqnsultant`s fee. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insuranee required herein for the
subcontractor(s) and provided ev'idence theceof`to Gify. Verification of the.required insuranee shall be
submitted and made part of this Agreementprior to execution,
4.1 Workecs' Compensation. Consuftantshall, at.its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Wo~ke~s'
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Cify of Dublin and Harris and Associates Page 3.of 1.3
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Compensation Insurance and Ernplqyec's Liability Insurance shail be provitled with limits of
not less than ONE MILLION DOLLARS ($1,000,000:00) per accident. In the alternative,
Consultant may rely on a self=insurance program to meet those requirements, but only if
the prograrn;of;self-insurance complies fully with the p~ovisions of the.California L:abor
Code. Determination of whethee: a self=insurance program meets the standards of:the
Labor Code:;shall'be solely in'the diseretion of the Contract Adm~nisf~ator: Tfi`e insure~, if
insurance is provided, orthe Consultant, if<a program of self insuranee is pro~idetl, shall
waive all rights ofsubrogation against the City and its officers officials; employees, and
volunteers for loss arising from wo~k performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except afte~ thirty (30)
days' p~ior wntteh notice by:certified mail, refum receipt requested, has been giyen to the
City. Consultant'shall notify City within 14 days of notification from Consultant's insute~ if
such coverage is suspended, voided or reduced in coverage or in fimits.
4.2 Commercial General and Automobile,LiabilitV lnsurance.
4:2.1 General requirements. Consultant, af its own cost and expense, sfiall maintain
comme~cial general and automobile>liability insurance for the term of this
Agteement in an amount not less than ONE MILLION DOLLARS ($1,;000,000;00)
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per occurrence; combined single limit coverage for risks associated with tfie work
contemplated 6y this Agreement. If a Commercial.General Liabilify Insurance or an
Automobile Liability forrn or other fqrm with a general aggregate limit is`used,
either the gerieral aggregate limit shall apPly.separately to fhe work-to>be
perfoemed.under this Ag~eement or the general aggregate limit shall :be:at:least
twice #he required occurrence limit. Such coverage shall include but>shall not be
limited'to, protection against claims a~ising from bodify and personal injury,
including death resulting therefcom, and damage to property ~esulting from
~ activities contemplated under this Agreement, including the use of owned and non-
owned autornobiles. : .
4.2:2 Minimum scope of coveraqe.. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Lia6ility occurrence'form
CG 0001 (ed.11/88) or Insurance Services Offiee focm number GL 0002 (ed.1173)
eovering comprehensive General:tiability and Insurance Services Office form
number GL 0404 covering B~oad Form Comprehensive General Liability.
Automobile coverage shall be at leasf as broad as Insurance Services Qffice
Automobile Liability form CA Q001 (ed. 12/90) Code 8 and 9("any auto"). No
endorsement'shall be attached limiting the coverage.
4;2.3 Additional cequirements. Each of the following shalf be included in the.
insu~ance aoverage or added as an endorsement to the policy:
City and its officers, employees, agents, and volunkeers shall be covered
as adtl'itional insureds with respect to each of the following: liability arising
Consulting Services Agreemenf between ~ ` ~ July 19;`2011`
City of Dublin and Harris and Associates Page 4 of 13
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out of activities performed by or on behalf of Consultant, inclutling the
insured's general supervision of Consuitant; products and completed
operations of Consultant; premises owned, occupied, or used by
Gonsuitant; and automobiles owned, Ieased, or used by #he: Consulfant.
7he. coverage shali contain no special limitations on the scope of
protection affo~ded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence:or an accident basis; and not
on a elaims-made basis.
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c, An endorsementmust state that.cqverage is primary insurance<with.
respect to the City and its officers, officials; employees and yolunteers,
and that no insu~ance or self=insurance maintained by the: City shall be
called upon to:contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting pro5isions of the
policy shall not affect coverage pcovided to CITY and its officers;
ernployees, agents; and vo(unteers.
e. An endorsement shall state that coverage shall: not be canceled except
after tlii~ty {30) days' pcior written notice by certified mail, return receiPt
requested, has been given to the City: Consultant shall nofify City within
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14:days ofinotification from Consultant`s insurer if such coverage is
suspended, yoided or reduced in coverage or'in limits:
4:3 ~Professional Liabilitv Insurance. Consultant, at its own cost and ezpense, shall
maintain forthe penod covered by this Agreement pcofessionai liab'ility insurance for
licensed professionals performing work pursuant to ttiis Agreement: in'an amount not less
than ONE:MILLION DOLLARS ($1,000,000) covering theJicensed professionals' errors
and omissions.
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4.3:1 Any deductible>or self-insured retention shall not exceed $150,QOO per claim.
4:3.2 An endorsement shall state tliat covecage shall not be suspended; voided,
canceled by eifher parry, reduced in coverage:or in I'imits, except after fhirty (30)
days' prior written notice. by certified mail, return receipt requested, has been given
to the City.
4.3.3 The follawing provisions>shall apply if the Professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
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City of Dublin and Harris and, Associates Page 5 of 13
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Insurance must be maintained and evidence of insurance must!be
provided for at least five yeaes after completion of the Agreement or the
= work, so long as commercially available:at reasonable rates.
If coverage;is ca,nceled or not renewed and it;is not replacetl.wifh another
claims-made Policy focm with a retroactive date that precedes the:date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five yea~s after.completion of,the Agr.eement or the wo~k.
Ttie City shall have the right Co exercise, at the Gonsultant's::sole cost and
expense, any extended reporting provisions of the poliay;, if the Consultant
cancels or does not' renew the cove~age.
d. A copy of the claim reporting requirements must be'subrnitted to the Gity
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Pnor to the commencement of any work under this Agreement.
4:4. All Policies Requirements.
4:4.1 Acceptabilitv of insurers. All insurance required by this section is to'be placed
with insure~s with a Bests' rating of no less than A:VII.
4.4.2 Verification of coveraQe. Prior`to beginning:any work:'under this Agreement,
Consultant shalf furnish City with certificates:of insurance and wikh original
endorsements effecfing coverage.required herein. The ce~ificates and '
endorsements for each insurance policy are to be signed by.a person authorized
by that insurer to bind coyerage.on it5 behalf. The Gity reserves. tfie rigtit to
require complete, ce~tified copies:of a0 ~equired insurance policies; at any time.
4.4.3 ,Su6conCractors: Consultant shall regui~e all subcontractors to meet the
insurance requirements stated herein. Each subconsultant shall furnish seParate
cerfifieates and endorsements.
4.4.4 Variafion. The City may approve a variation in; the foregoing insurance
requirements; upon a determination that the coverages, scope, limits, and forms of
such insurance are either not aornmercially availa6le, or thaf`the City's intecests
are otherwise fully protected,
4.4.5 Deductibles and Self-lnsuced,Retentions:: Gonsultant shall disclose to and
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obtain the apProyal of City for the self-insured retentions and deductbles befoce
beginning any of the services or work called for by any term of this Agreement.
Du~ing the period covered by this Agreement; only upon the pcior express written ~
autho~ization of Gontract Administrator, Gqnsultant may increase such deductibles
or,self-insured retentions with respect to City, its officers, employees; agents, and
volunteers. The Contract Administcator may condition approval of an inccease in
deductible or self=insured retention levels with a requirement that Consulfanf
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City of Dublin and Harris and Associates Page 6 of 13
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procure a bond, guaranteeing payment of losses and relafed investigations, claim
administration, and defense'expenses that is satisfactory:in aU respecfs to each of
them.
4:4:6 Notice of Redwction in Co~eraqe. In the event that any coverage.required
by this section is retluced, limited, or materially affected in any other manner,
Consultant shall ,provide written notice'to Gify at Consultant's.earliest possible
oppo[tunity and in no case later than fve tlays after Consultant is notified of the
ciiange in coverage.
4:5 Remedies. In addition to any other ~emedies City may have if Gonsultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise;any ofthe following remedies, which
are_altematives to otherremedies City may ha~e and are not'the exelusive remedy for
Consulfant`s breach:
Obtain such insurance and deduct and retain the:amountof the premiums forsuch
insurance from any sums due un~er the Agreement;
Qrder:Consultant to stop work under this Agreement orwithhold any payment that
tiecomes due to Gonsultanf hereunder, or`both stop work and witfihold any payment;
until Gonsultant demonstrates complianee with the: requirements hereof; andlor
^' Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILfTIES. Consultant shall
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indemnify; defend wiffi counsel approved by the City, and hold harmless the City and its officials, officers,
employees, agents, and voiunfeers #rom and against any and all losses, liability, claims, suits, actions,
'damages, and eauses:of action arising out of any personaf injury, bodily injury, loss<of life, or damage
to properfy, or any violation of any federal, stake, or municiPal law or otdinance, to the extent caused, in
whole orin part,. by the willful misconduct or negligent acts or omissions of Gonsulfant or ifs employees,.
su6contractors; or agents, by acts for which they could be held strietly liable. The foregoing obligation of
Consultantshall not apply when (1) the injury; loss of'life, damage to property, or violation oflaw arises
wholly #rom the negligence or willful misconduct of the City or its offcees, employees, agents, or volunteers
and (2)'fhe actions of Consultant or its emplgyees, subcont~acto~, o~ agents have contributed in no part to
tfie injury; Iqss of life, damage to property, or Violation of law: Itis understood fhat the duty of Consultant
fo indemnify antl hold harmless includes the duty to defend as set forth in Section 2778 of the Galifomia
Civil Code. Acceptance by City of insurance certificafes and endo~sements required under this Agreement
does not relieve Consultant from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply to any damages or claims focdamages whether or not
such insu~ance policies shall have been determined to apply. By execution of this.Agreement, Consultant
acknowledgesand agrees to the provisions of this Section and that it is a material element of conside~ation.
In the event that Consultant or<any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the Califoenia Public Employees
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Retirement System (FERS) to be eligible for enrolimenf in PEftS :as an employee of City, Consultant siiall
indemnify, defend, and hold harmless CiCy forthe payrrient of any employee and/or employercontributions
for PERS benefits on behalf of Gonsultant or its employees; agents; or subcontractors, as well as for the
payment of any penalties and interesf on sucfi eontr'ibutions, which would otherwise be the responsi6ility of
City.
aect~vn`'S:: STATUS'!OE CONSULTANT..
61; IndependentConfractor At:all:times during the;term of this Agreement, Gonsultant
shall be an independent contractor and shall'not be an employee of City. C'ity shall have
the right to control Consulfant only insgfar as the resulfs of Consultant's services rende~ed
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pu~suant to this>Agreement and assignment of Personnel pursuant to Subparagraph 1.3;
howe~er, otherwise City shall not hav.e the,right to control the means by which Consultant
accomplishes:services ~endered pursuank to this Ag~eement. Notwithstanding anyother
City; state, orfederal palicy, cule; regulation, law, or ordinance to the cqntrary, Consultant
and any of its employees;;agents, and Subcontractors providing services under this
Agreement shall riofqualify. foror become entitled to;;and heceby agree to waive any and
all claims to, any compensation, beneft, or;any incident of emPlqyment by Gity, including
but not limited to eligi6ility`to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any confr'ibution fo be paid by City for
employer contributions.andlor employee confributions for PERS benefits.
6.2 Consultant No Aqent: Except as Gity mayspecify in writing, Cbnsultant shall have no
autfiority, express<o~ imPlied, to act on behalf of Gity: in any capacity whatsoever as an
agent. Consultant shall have no authorify, express or implied, pursuant to #his Agreement
to bind City to;any obligation wtiatsoeVe~:
Section 7. LEGAL REQUIREMENTS.
Z.1 Governinq Law. The laws of the Stafe of Califomia,shall govem this Agreement.
7.2 Compliance with Applicable Laws: Cqnsultant.and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
T:3 Other Governmental Reaulafions. To the extent that this Agreement may be funded
6y.fiscal assistance from anotfa'er govemmental entity, Gonsulfant and any subcontractors
shall comply with all applicable rulss'and regulations fo which City is bound by the terms.of
sucfi f'iscal assistance program.
T.4 Licenses and Permits, Consultant represents and warrants to City that Consultanf and
its employees, agents, and any subcontracto~s have all licenses; permits, qualifications,,
and approvals of whatsoever nature that are;legally required to practice their respecti~e
professions. Consultant represents.and warranfs to City thaf Consultant and its
employees, agents; any subcontractors shall, at their sole cost and expense, keep in
effect at all tirnes during the term of this Ag[eement any licenses, permits, and approvals
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Consul#ing Seniices Agreemenf 6etween , July 19, 2011
City of Dublin and Harris and Assoc'iates Page 8 of 13'.
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that are legally required to peactice their respeefive professions. In addition to-the
foregoing, Consultant and any subcontractors shall obtain antl maintain during the term
ofthis Agreement valid Business Licenses from City.
7.5 Nondiscrimination and' Equal Opportunity. Consuftanf>sfiall not discriminate; on the
" basis of:a person's raee,: religion, eolor, national origin, age, physical or mental handicap
or disability, medical condition„ mantal statu5, sex, o~ sexual ocientation, against any.
employee, applicant for`employment,:su;bcontractor, bidder for a subconCract, orpartieipanf
in, recipienk of; or applicant for any services or programs Providetl by :Consultant unde~ this
Agreement; Consulfant shall comply with all applicable federal, state, and local:laws;
policies, rules, and requi~emenfs: related to equal opportunity and nondiserimination in
employment, contracf'ing, and the provision: of any services:tliat are the subject of this
Agreement; including but not limited to the satisfaction of any positive o6ligations required
af Consultant thereby.
Consultant shall include the pro~isions :of!this Subsection in any subcontract:approved by
the Confract Administratqr or tfiis Agreement.
Section'8: TERMINATION-AND MODIFICATION.;
$;'t T.ermination. Gitymay eancel fhis Agreement at any time and without cause upon!written
notification to Consultant,
Consultant may.caneel this Agreement upon thi~ty (30) tlays' written notice to City and
shall include in such notice the reasons for cancellation:
In the event of termination,.Consultant'shall be entitled to compensation for services
performed to the effective date oftermination; City, however,;may condition payment of
sueh compensation upon Consultant delivenng to City any or all documents, photographs,
computer software, video°and audio tapes; and other materials pro~ided to Consultant,or
prepared;by or for Consultant or the City in connection wifh this Agceement.
8.2 Extension. City may, in ifs sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendmentto this Agreemenf, as provided for herein. Consuitant understands
and agrees; that, if,City grants such an extension, Gity shall have no obligation to provide
Consultant with compensation beyontl the maximum amount provided fo~ in this
Ageeement, Similarly, unless authqrized by the Contract Administrator, City shall have
no obligafion to zeimburse Consultant for any otfierwise reimbursable expenses incurred
during the extension period.
8.3 Amendments: The parties may amend this Agreement only by a writing signed by all the
parties.
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Consulting Services Agreement between July 19~`2011 `
City of Dublin and Harris and Associates Page 9 of 13
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:8:4` Assignment and SubcontracfinA. Cityand Consultant recognize and agree that this
Agreement contemplakes personal performance by Consultant and is based upon a
determina6on of Consultant's unique personal comPetence, experience, and specialized
peesonal knowledge. Moreover,;a substantial inducement to Gity for entering into this
Ag~eement was and' is the professional rePutation and competence of Conspltanf.
Consu~fant may not:assign this Agreement or any interest fherein without khe pnor written
appro~al of the Contraet Administrator. Consultant shall not subcontract any portion of the
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performance contemplated and provitled'for herein, other than to the subcontraetors noted
in fhe propoSal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement arid all
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provisivns of this;Agreement allocating liability between City and Consultant shall
survive=ttie terrnination of this'Agreement.
8.6' Options upon Breach by Consultant. If Consultant materially breaches;any pf the terms
of this Ageeement,. City's remedies shall included; but not be iimited to, the'following:
8:6.1 Immediately ferminate the Agreement;
8.6.2 ReCain the plans, specifcations, d~awings, reports, design documents, and any
,other work product prepared by Consultant pursuant to this Agreement;
8.6.3 ftefain a d'ifferent<consultant to complete the work described in Exhibit A not
frnshed by Consultant; o~
8:6.4 Charge Consultant the difference between tlie cost to complete the woek
'described in ExfiibitA that is unfinished at the time of breach and the amount
that City would hav.e paid Consultant pursuant to=Section 2'ifConsultant had
complefed the,work:
Sectron 9.. KEEPING AND STATUS 0F RECORDS.
9:'t Records'Created as Part of Consultant's Performance, All reports; data, maps,
models, charts, studies, saNeys, photographs, memoranda, plans, studies, specifications,.
cecords,, files;.or any other documents or matenals, in eleetconie or any other form, that
Consultant prepares or obtainspursuant to.this Agreement and that relafe to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City uPgn teemination of the Agreernent: It is understood and
agreed that the documents and"other materials, including but not limited to those described
above, prepared pursuanfi to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future orother use. City and Consultant agree that, until
final approVal by City,>all data,;plans; specifications, reporks and other documents are
confidential and will not be released to third parties without prior wrikten consent of both
parties.
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Consulfing Seevices Agreement between July 19,`2011
City of Dublin and Harris and Associates Page 10 of 13
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9.2 Consultant's Books and Records. Gonsuitant shall maintain any.and alt ledgers, books
of aceount, invoices, vouchers; canceled checks, and other records or docarnents
evidencing or relating to;charges for seNices>or expentlitures and disbursements charged
to the City underttiis Agreement for a minimum of tbree (3) years, or foe any longer period
_ , _
required by law, from the date of final payment to the Consultant to this Agreemenf;
9:3 Inspection and Audit of Resords, Any recortls or;documents that Sectioo;9.2:of this
Ag~eement:requires;Consultant to maintain shap be made a~ailable for inspection, audit,
andlor copyin"g at<any time_during regularbusiness hours, upon oral or written request of
the City.: At the City's:option, underCalifornia Government Code Section 8546.7, if:ttie
arnaunt of public funds ezpended under this Agreemenf exceetls TEN TNOUSAND
DOLLARS ($10;000:00); the Agreement may be subject to the examination and audit;of
the State Auditor; for a period of three (3) years after fnal payment under the Agreement.
Section 10 MISCELLANEOUS PR01/ISIONS.
10:1 Attocnevs' Fees: If'a party fo ttiis Agreement bnngs any action, including an aetion for
declaratory relief, to enforce or interpref the provision of this Agreement, the prevailing
partjrshall be entitled.to reasonable attorneys' fees in addition to any other relief to which
thatparty may be entitled. The>cou~t may set such fees in the same action`or in a
separate action brought for tfiat purpose:
10:2 Venue. In the event that;either party brings any action against•the other under this
Agreement, the parties agree that trial ofsueh action shall .be vesfed exclusiv.ely in the
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state courts of California in the County. of Alameda or in the United States District Gourt fo~
tlae Nortliem Distnct of Califomia.
10;3 Severabilitv. If a court of competent junsdiction finds or rules that any provision of:this
Agreement is invaEid, ~oid, or unenforceable, the provisions of this:Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part af any
provision ofthis:Agreement shall not void or affect the validity of any ofher provision of this.
Agreement.
10.4 'No Implied Waiver of Breach: The waiver of any breach of a specific provision of tf;iis
Agreemenf does not constitute a waiver of any otfier breach of that term or any otherterm
of this Agreement.
10:5 Successocs andAssiqns. Tfie provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties:
10.6 Use of Recycled Products; Gonsultant shall prepare and submit>all reports, wcitten
studies and otherprinted rnaterial on recycled paperto the extent it.is'availabfe at equal or
less cost than virgin paper.
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Consulting Services Agreement between July 19, 2011
City of Dublin and Harris and Associates Page 11 of 13
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10:7' Conflict of Interest: Consultant may serve other clients, but none whose activities within
tlie corporate limits of City or whose business, regardless of location; would place
Gonsultant in a"conflict of interest;' as that term is defined in fhe Political Reform Act,
cotlifed at California Go~emment Code Seetion 81000 et seq.
Cgnsultarit shal! not.employ any City official in the wo~k performed pu~suant to this
Agreemenf. No officer or employee'of City shall have any f'inancial`inferest in this
Agreementthat would violate California Government!Code Sections 1Q90 etseq.
Gonsultant hereb.y watrants that itis not now, nor has it been in the previous'twelve (12)
months; an employee, agent, appointee, oc official.of the'City. If Consultant was an
employee; agent, appointee; or official of the City in the previous twelve months;
Consultant warrants that it did not participate in any manner in the forming'of'ttiis
Agreement. Consultant understandS that, if this Agreement is made in violation of
Government Code §1Q90 et.seq., the entire>Agreement;is yoid and Consultant will not be:
entitled to any compensation fo~ services performed pursuanf to this Agreement; induding
reimbursement of expenses, and Consultant will be ~equired fo ceirn6ucse the City for.any
sums paid to the Gonsultant. Consultant understands`that, in'addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Cotle § 1090 and, "if
applica6le; wilf be disqualifed from holding public office in the State.gf Ca{ifomia..
10.8 Solicitation. Consultant agrees not to solicit business at'any meeting, focus group, or
interview related to this Agreement; either o~ally or through any written materials:
10.9 Contract Adminisfration: Tliis Agreement shall be;administered ~y Mark Lander,'City
Engineer;("Contract Administ~ator'`). All correspondence shall be directed to or through the.
Contract Administrato~ or fiis orher designee:
90.10 Notices. Any written notice to Consultant shall be senf to: Vern Phillips.
HaRis<and Associates
1401 VNillow Pass Road,
Goncord, CA>.94520
Any written notice to City'shall be sent to: Mark Lander
Cify of Dublin Public Woeks
100 Civic Flaza
Qublin, C;4 94568
10:1!1 Professional Seal. Where'applicable in the deteernination of the contract administ~ator;
the first page of a technieal repoct, first page of design specifications, and each page of
construction drawings 5hall be stampedlsealed and signed by the licensed professional
responsible for tfie repoct/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature oERegisfered Professionaf with report/tlesign responsibility," asin tfie
following example.
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Consulting Services Agreemenf' between ' July 19, 2011
City of Dublin and Harris and Associates Page 12 of 13
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Seal; and Signature of Registered
report/design responsibility;
10:12 Intearafion. This Agreement, including the>seope of work attached hereto and:
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incorporated he~ein as Exhibit A, represents the,entire and integrated agreementbetween
City and ;Consultant and supersedes a{I' prior:negotiations, representations, or agreements,.
either<wrikten or oral:
_ _ _
CITY OF DUBLIN
_.
Joni Pattillo;.
City Manager
Attest:
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Caroline Soto, City Clerk
Approved as to Fqrm:
John Bakker, City Attomey
G:ICIPIStorm Drain AssessmentlHarris and Associateslagreemeni Flams'Design,doc
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Consulting Services Agreement between " July 19; 2011
City of Dublin and Harris:and Associates Page'13 of 13
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EXHIBIT A
SCOPE.OF SERVICfS
7o pro~ide design and construction engineering senrices asdelineated in tfie attached proposaf
dated June 30,'2011, for the:Sform D~ain System Point Repairs and Phase 2 Year 2 Gondition
Assessment: ,
G;IGIPIStortn Drain AssessmentlHams and>AssociateslagreemenfHartis Design:doc ,
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Consulting Serviees Agreemenf between ' " ` June 30; 2011'
City of Dublin and Harris and Assoeiates --Exhibit A Page
l~ C;~
EXWIBIT B
COMPENSATION SCHEDULE
The term of ttie Agreement shall entl on June 3Q, 2013. Consuitant may request:an adjustment of
rates for the second and fhird years of the term, provided that no such adjusfinents of rates-shall be
eff.ecfiVe unless and_ until the adjustmenf is agreed to in writing by tfie Gity Manager or other designated
offieial of City authorized to obligate City.
Compensation shall be paid per the attached Fee Schedule.
City shall`pay Consultant on a time-antl=maferials 6asis in an amount not to exceed tF~e total sum of
Forty=Three Thousand Seven Fifty-Two and No Cenfs ($43,752.00) per year for services to be performed
pursuant fo this Agreement Consultant shall submit invoices at the end of'each specific project or as
agreed between Gonsultant and;City regarding each sPecific project, based qn the cosf for services
performetl.
The total sum stated above shall be the total which City shall pay fo.r the services tq 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 rende~ing services pursuant to this Agreement
Cify shall make no'payment'forany ext~a, further or additional service pursuant.to this Agreement
unless such extra service and the price therefor is agreed to in writing executed by the<City Manager:or
other designated official;of City authorized to obligate City thereto pnor to the time such extra serVice is
rendered and in no event>Shall such change order exceed twenty-five percent (25%) gf'the initial contracf
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 Gity, Consultant shall be
entitled to receive just;and equitable,compensation for any satisfactory work completetl 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 Cify, become Gity's sole and exclusive property.
Gonsultant` 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. -
Tfie Consultanf is not autfiorized to perform any services or incur any costs whafsoever under the
terms of tliis Agreement until receipt gf a fully executed Purchase Order frorn tfie Finance Depa~tment of
the Giry of Dublin.
G:ICIPIStorm Drain AssessmentlHartis and AssociateslagreemeM Hartis Design.doc
1383611.1
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Consulting°`Services Agreernent between June 30,..
City of Dublin and Marcis and Associates--Exhibit B
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