HomeMy WebLinkAboutReso 071-92 S&T Engr Svcs RESOLUTION NO. 71-92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING NEW AGREEMENT FOR ENGINEERING SERVICES
WITH SANTINA AND THOMPSON, INC.
WHEREAS, the City Council of the City of Dublin approved an agreement
for engineering services with Santina and Thompson, Inc., on June 24, 1991; and
WHEREAS, the City of Dublin and Santina and Thompson, Inc., have agreed
that certain changes in the agreement are necessary as regards insurance limits,
staffing, and scope of work;
NOW, THEREFORE, BE IT RESOLVED that the Gity Council of the City of
Dublin does hereby approve the agreement with Santina and Thompson, Inc., which is
attached hereto as Exhibit "A".
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement.
PASSED, APPROVED, AND ADOPTED this 9th day of June, 1992.
AYES:
NOES:
Councilmembers Burton, Howard, Jeffery, Moffatt,
and Mayor Snyder
None
ABSENT: None
(con tracts) \enEr\ aEr treso
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of July 1, 1992,
by and between the CITY OF DUBLIN, a Municipal Corporation ("City"), and
Santina and Thompson, Inc. , ("Consultant"), who agree as follows:
1. TERM OF AGREEMENT. The term of the agreement shall be for one
year,, beginning on July 1, 1992, and ending on June 30, 1993. This agreement
shall supersede all previous agreements that Consultant has or has had with
City. City may terminate the services of Consultant by providing 30 days
written notice. In the event of such termination, Consultant shall be
compensated for such services up to the point of termination. Compensation
for work in progress shall be prorated as to the percentage of progress
completed at the date of termination. If Consultant terminates its services
to the City, it must provide written notice at least 90 days in advance of
such termination. Notices shall be provided as indicated in Section 14 below.
2. 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.
3. 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 Exhibit B, then according to the
usual and customary procedures and practices which Consultant uses for billing
clients similar to City.
4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C,
Consultant shall, at its sole cost and expense, furnish all facilities and
equipment which may be required for furnishing services pursuant to this
Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit
C.
5. GENERAL PROVISIONS. The general provisions set forth in
Exhibit D are part of this Agreement. In the event of any inconsistency
between said general provisions and any other terms or conditions of this
Agreement, the other term or condition shall control insofar as it is
inconsistent with the general provisions.
6. EXHIBITS. All exhibits referred to herein are attached hereto
and are by this reference incorporated herein.
7o OWNERSHIP OF WORK. All documents, data, studies, surveys,
drawings, maps, and reports furnished to Consultant by City, as well as
reports and supportive data prepared by Consultant under this Agreement shall
be considered the property of the City of Dublin, and upon request at the
Agreement with Santina and Thompson
July 1. 1992
Page 1
completion of the services to be performed, they will be turned over to the
City of Dublin.
8. COLLECTION OF FEES. All fees to be collected from any private
developer, engineer, or architect in connection with the carrying out of the
functions set forth above, if collected by Consultant shall be collected in
the name of the City. Consultant shall employ recordkeeping measures
acceptable to the City with respect to collection of such fees. If fees are
collected by the City,.Consultant shall review the appropriate City ordinances
and fee schedules in effect and shall provide to the persons designated by
City for collection of fees, the amount of such fees to be collected.
9. SUBCONTRACTING. The Consultant shall perform the work
contemplated with resources available within its own organization and no
portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified
in the Consultant's proposal.
10. 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 this Agreement only when in writing.
11. 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 prior
written approval by the City.
12. RESTRICTED SERVICE WITHIN CITY BOUNDARIES. Consultant shall
provide no services for any client other than the City within the corporate
boundaries or sphere of influence of the City during the term of the
agreement.
13. CONTRACT ADMINISTRATION. This Agreement shall be
administered by LEE S. THOMPSON ("Administrator"). All correspondence shall
be directed to or through the Administrator or his designee.
14. NOTICES.
Registered Mail to:
Any written notice to Consultant shall be sent via
Santina and Thompson, Inc.
1355 Willow Way Suite 280
Concord CA 94520-5728
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA 94568
Agreement with Santina and Thompson
July 1, 1992
Page 2
Executed as of the day first above stated:
Attest :~~! ~- ~
CITY OF DUBLIN,
SANTINA & THOMPSON, INC.
By
Peter F. Santina
Approved as to form:
City Attorney"
Agreement with gantina and Thompson
July 1, 1992
Page 3
EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
Consultant agrees to provide those general engineering services that may be
requested by City during the term of this agreement in a prompt, professional,
and workmanlike manner in accordance with the standards of the engineering
profession. All work shall be completed to the satisfaction of the City
Manager.
The general engineering services to be performed pursuant to this agreement
are as follows:
A. Administrative Duties
Attend meetings with City staff, public officials, community
leaders, developers, contractors, and the general public, as
required by City.
At the direction of City, review and comment on planning programs
and land development projects which are not only located within
the City, but also located outside the City and which may have a
traffic impact on the City.
When directed, supervise the accounting of State Highway User
Funds from the standpoint of meeting State requirements for the
expenditure of such funds. The City shall have final authority
regarding accounting methods and procedures.
Advise the City Manager as to engineering and construction
financing available from other governmental agencies and when so
directed, prepare and initiate application for such fundings.
Recommend ordinances and regulations pertaining to engineering
matters when requested to do so.
Assist the City to establish working relationships and to
coordinate with other public agencies and private utilities
involving engineering matters affecting the City.
Provide special engineering reports regarding traffic, assessment
district formation, annexation, etc., when so requested.
B. Traffic Engineering Duties
At the request of the City, give direction to and assist City
staff in performing traffic studies as necessary and/or required.
At the request of the City, recommend solutions to street design
problems.
Exhibit A
Page 1 of 3
At the request of the City, provide traffic engineering
consultation in connection with traffic circulation, street signs,
noise impact, etc.
Development Review Duties
Review proposed developments and make recommendations pertaining
to engineering considerations. This includes, but is not limited
to, the following:
Examine each tract map of each subdivision within the City,
with respect to its conformity with the tentative map or
maps, any approved alterations, and applicable City records
and ordinances.
Examine each parcel map of each division of land within the
City with respect to its conformity with the tentative map
or maps, any approved alterations, and applicable City
records and ordinances.
c. Provide detailed plan checking of tract and parcel maps.
Check improvement plans for facilities under the jurisdiction of
the City that are prepared by private developers.
Establish performance and labor and material bond amounts when
required, and require the posting of such securities and other
development fees within the proper time sequence of such
development review.
Provide field inspection during the construction of such
improvements by private developers and at the proper time
recommend notices of completion and acceptance of work.
Provide such necessary and related functions that are the normal
practice of the City in the City engineering review of private
developments.
6o Review engineering aspects of planning applications.
Capital Projects
Upon specific and separate authorization by the City, prepare
plans and specifications for capital improvement projects. The
City reserves the right to bid any project or bring in specialists
when deemed necessary by the City or the Consultant.
A Capital Improvement is defined as any project in which the
construction is performed by someone other than the City forces or
the City's designated street maintenance contractor.
Provide plan checking of and construction observation during the
course of construction of projects performed by City forces.
Exhibit A
Page 2 of 3
Planning
Provide planning services to the City when requested.
Surveying
Provide field and office surveying services to the City when requested.
Exhibit A
Page 3 of 3
EXHIBIT B
PAYMENT SCHEDULE .
Consultant shall be compensated for work as follows:
A. The following work shall be charged at 75 percent of the rates shown in
Exhibit B-1.
"General Engineering Work" which is performed in or from the
Dublin City Office by Consultant's employees that are assigned to
the City on a long-term basis. "Long term basis" employees are
defined as employees assigned at a minimum of two (2) eight-hour
days per week for a minimum of a 60-day period. "General
Engineering Work" is defined as work not chargeable to private
developments and shall include state and federally funded CIP
work.
The City shall not pay Consultant for time spent commuting from
the Consultant's office to the City's office for long-term-basis
employees.
Examples of work meeting the above requirements and proposed to be
performed at 75 percent of the rates shown in Exhibit B-1 are as
follows:
a)
b)
c)
d)
Attendance at Commission and City CoUncil meetings.
General Engineering Work performed from City offices.
Capital Improvement Work performed from City offices.
Services performed from City offices which are related to
the review, issuance, and inspection of permits which are
based on an established fee and the applicant is not charged
the actual cost.
B. The following work shall be charged at the rates shown in Exhibit B-l:
Capital improvement design work performed from Gonsultant's office
and billed on a time and material basis. Prior to proceeding with
the work, a maximum estimated budget shall be agreed to and shall
not be exceeded without approval of the City Manager.
2. General Engineering Work performed from the Consultant's offices.
Plan checking and other activities which are paid for by a private
developer and are based on an established fee. This work may be
done at the City's offices or from the Consultant's offices.
Exhibit B
Page 1 of 1
PROPOSED HOURLY CHARGE RATES
FOR TFrE CITY OF DUBLIN
July 1, 1992
SANTINA , .
THOMPSON, Nc.
Municipal Engineering Surveying
Railroad Engineering Planning
PRINCIPAL .......................................................... $125.50
ENGINEERING:
Project Engineer .................................................. 98.00
Senior Engineer .................................................. 88.00
Associate Engineer ................................................. 74.00
Engineer I ....................................................... 56.50
Public Works Inspector
(includes vehicle) ................................................. 82.00
Pavement Management ............................................. 37.50
Resident Engineer
(includes vehicle) ................................................ 117.00
PLANNING:
Director of Planning ................................................ 90.00
Senior Planner .................................................... 84.00
Associate Planner ................................................. 65.00
Planner I ........................................................ 51.50
DRAgrING/GRAPHICS:
Senior Drafter ..................................................... 65.00
Associate Drafter .................................................. 57.50
Junior Drafter I ................................................... 50.00
Graphic Artist ............................................ ' ........ 44.00
CLERICAL ........................................................... 33.00
SURVEY.'
Survey Manager .................................................. 90.50
Survey Supervisor ................................................. 81.50
Project Surveyor .................................................. 76.50
Associate Office Surveyor ........................................... 60.00
Office Surveyor I .................................................. 42.50
2-Man Party .................................................... 152.00
1-Man Party ..................................................... 81.50
Effective July 1, 1991 to June 30, 1992
1355 Willow Way, Suite 280
510-827-3200
Concord, California 94520-5728
Fax 510-687-1011
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
EXHIBIT D
GENERAL PROVISIONS
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 this
Agreement; however, City shall not have the right to control the means by
which Consultant accomplishes services rendered pursuant to this Agreement.
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
Agreement any licenses, permits, and approvals which are legally required for
Consultant to practice his profession.
TIME. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Consultant's obligations pursuant to this Agreement.
INSURANCE REQUIREMENTS. 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. Minimum 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.
Minimum Limits of Insurance. Consultant shall maintain limits no!less
than:
(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
Exhibit D
Page 1 of 4
July 1, 1992
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: $500,000 combined single limit per accident
for bodily injury and $100,000 for property damage.
(3)
Workers Compensation and Employers Liability: Workers
Compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $500,000 per
accident.
Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City.
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 contain 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.
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.
Exhibit D
Page 2 of 4
July 1, 1992
(3) Professional Liability.
Consultant shall carry, and provide City with evidence of,
professional liability insurance in the amount of $1,000,000 to
.protect against negligent acts, errors or omissions on the part of
the Consultant in the course of performance of the services
specified in this Agreement. City agrees to immediately notify
Consultant, in writing, of any claim against City which may result
in City seeking indemnity against Consultant pursuant to this
clause.
(4) 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, except after thirty (30) days prior written notice
by mail has been given to the City. Consultant shall provide City
with 30 days' prior written notice of any reductions in the dollar
limits of the policy.
Acceptability of Insurers. Insurance is to be placed with insurers with
a Bests' rating of no less than A:VI.
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.
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.
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.
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.
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
Exhibit D
Page 3 of 4
July 1, 1992
10.
11.
12.
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.
STANDARD OF PERFORMANCE. Consultant shall perform all services required
pursuant to this Agreement 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 conform to the standards of quality
normally observed by a person practicing in Consultant's profession.
HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall indemnify,
defend, and hold harmless the City, its officers, agents, and employees from
and against any and all claims, demands, liability, costs, and expenses of
wahtever nature, including court costs and counsel fees arising out of injury
to or death of any person or persons or loss of or physical damage to any
property resulting in any manner from the willful acts or negligence of
Consultant, its subcontractors, agents, employees, licensees, or guests in the
making or performance of this Agreement.
Approval of the insurance contracts does not relieve the Consultant or
subconsultants from liability under this paragraph.
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.
DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies,
surveys, photographs, memoranda or other written 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.
COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided
pursuant to this agreement, Contractor shall comply with all applicable State
and Federal Laws and regulations, including, but not limited to, laws and
regulations relating to discrimination and laws requiring injury and illness
prevention programs.
a: (con tracts) \ engr\ agremen t
Exhibit D
Page 4 of 4
July 1, 1992