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HomeMy WebLinkAboutReso 062-91 S&T EngSvcs RESOLUTION NO. 62-91 A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF DUBLIN APPROVING AGREEMENT FOR ENGINEERING SERVICES WITH SANTINA AND THOMPSON, INC. WHEREAS, the ~ity Council of the City of Dublin approved an agreement for engineering s~rvices with Santina and Thompson, Inc., on July 11, 1988~ and WHEREAS, the City of Dublin and Santina and Thompson, Inc., have agreed that certain changes in the agreement are necessary as regards hourly rates, insurance limits, and provision of employees, said changes requiring a new agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Santina and Thompson 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 f4th day of June, 1991. AYES: NOES: None ABSENT: Mayor Snyder Councilmembers Burton, Howard, Jeffery, and Moffatt EXHIBIT "A" OF RESOLUTION AGREEMENT This Agreement is made and entered into this 1st day of July, 1991, by and between the City of Dublin (hereinarter referred to as "City"), and Santina and Thompson Consulting Civil Engineers, Inc. (hereinafter referred to as "Consultant"). WHEREAS, City is desirous of engineering service; and WHEREAS, Consultant is qualified to render said necessary services and desires to provide these services for the City. NOW, THEREFORE, the parties hereto agree as follows: I. DUTIES OF CONSULTANT Consultant agrees to provide those engineering services that may be requested by the 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 City may, at its discretion, request performance by consultant of any of the following duties: A. Administrative Duties 1. Attend meetings with City staff, public officials, community leaders, developers, contractors and the general public, as required by the City. At the discretion of the 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. 5. Recommend ordinances and regulations pertaining to engineering matters. 1 6. Assist the City to establish working relationships and to coordinate with other public agencies and private utilities involving engineering matters affecting the City. 7. Provide special engineering reports regarding traffic, assessment district formation, annexation, etc., when so requested. 8. Administer and review issuance of encroachment and grading permits. B. Traffic Engineering Duties 1. Give direction to and assist City staff in performing traffic studies as necessary and/or required. 2. At the request of the City, recommend solutions to street design problems. 3. Provide traffic engineering consultation in connection with traffic circulation, street signs, noise impact, etc. C. Development Review Duties 1. Review proposed developments and make recommendations pertaining to engineering considerations. This includes, but is not limited to the following: a. 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. b. 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. 2. Check improvement plans for facilities under the jurisdiction of the City that are prepared by private developers. 3. 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. 4. Provide field inspection during the construction of such improvements by private developers and at the proper time recommend notices of completion and acceptance of the work. 2 5. Provide such necessary and related functions that are the normal practice of the City in the City engineering review of private developments. 6. Review engineering aspects of planning applications. 7. Recommend acceptance for maintenance of public improvements to the City Council. D. Capital Projects 1. Assist Public Work Director in development of a capital improvement program. 2. Provide assistance in preparation of contract documents for capital improvement projects. 3. 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. 4. Provide plan checking of and construction observation during the course of construction of City undertaken projects. E. Planning 1. Provide planning services to the City when requested. F. Surveying 1. Provide field and office surveying services to the City when requested. II. GENERAL CONDITIONS A. Consultant agrees to provide a toll free telephone number at consultant's office to be used by City of Dublin. B. Consultant agrees to establish regular office hours in the City offices to the satisfaction of the City Manager. 3 C. City will 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. III. BLANK IV. COMPENSATION Consultant shall be compensated for work as follows: A. The following work shall be charged at 75 percent of the rates shown in Exhibit A: 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 2 - 8 hour days per week for a minimum of a 60-day period. General Engineering work is defined as work not chargeable to private developments. This work shall include state and federally funded CIP work. All other work shall be performed at 100% of the rates shown on Exhibit A. Representative work meeting the above requirements and proposed to be performed at sectional pay rates is listed as follows: a) Attendance of Commission and City Council meetings. b) General Engineering work performed from the City's office. c) Capital improvement work performed from the City's office. d) Services 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, and performed from the Dublin City office. B. The following work shall be charged at the rates shown in Exhibit A: Capital improvement design work, performed from the Consultant's offices 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 the private developer and are based on an established fee. This work may be done at the City's office or from the Consultant's offices. 4 C. The City shall not pay for the cost of commuting from the Consultant's office to the City's office for long-term basis employees. 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 engineer shall be collected in the name of the City. Engineer shall employ record keeping measures acceptable to the City. If fees are collected by the City, engineer shah review the appropriate ordinances and fee schedules in effect by City and shall provide to the persons designated by the City for collection of fees, the amount of such fees to be collected. INDEPENDENT CONTRACTOR STATUS In the performance of the work undertaken pursuant to this agreement, Consultant is deemed to be an independent contractor. Consultant's employees are not to be considered employees of the City for any purpose. ASSIGNABILITY This agreement shall not be assignable or transferable by the Consultant without the expressed written consent of the City Manager. OWNERSHIP OF WORK All documents, data studies, surveys, drawings, maps and reports furnished to the Consultant by the City, as well as reports and supportive data prepared by the Consultant under this contract shall be considered the property of the City and upon request at the completion of the services to be performed, they will be turned over to the City. PERFORMANCE OF WORK Consultant agrees to perform work as stated in this agreement to the satisfaction of the City. 5 LIABILITY WORKER'S COMPENSATION: City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by the Consultant performing services for the City. Consultant shall provide the City with evidence that it has Worker's Compensation Insurance Company covering all its employees. GENERAL LIABILITY: Consultant agrees to provide at its own expense general liability insurance in an amount not less than $1,000,000 and, further, name the City as an additional insured. PROFESSIONAL LIABILITY: Consultant shall assume liability for damages for death or bodily injury to persons or for injury to property legally caused by negligent acts, negligent errors and/or negligent omissions of Consultant or any of its agents, officers or employees. However, this indemnity will not extend to any liability arising out of the sole negligence or willful misconduct of the City or the City's agents, servants or independent contractors. City agrees to immediately notify Consultant, in writing, of any claim against City which may result in the City seeking indemnity against Consultant pursuant to this clause. Consultant shall provide the City with evidence that it has professional liability insurance in the amount of $1,000,000. TERM OF AGREEMENT The term of this agreement shall be from July 1, 1991 until terminated. The City may terminate the services of the engineering firm by providing the firm 30 days written notice. In the event of such termination, the engineering firm shall be compensated for such services up to the point of termination. Such compensation for work in progress would be prorated as to the percentage of progress completed at the' date of termination. If the engineering firm terminates its services to the City, it must provide the City with written notice at least 90 days in advance of such termination. All notices to the City shah be addressed to: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 All notices to Consultant shall be addressed to: Santina and Thompson Consulting Civil EngineerS, Inc. 1355 Willow Way, Suite 280 Concord, CA 94520 Notices, as referred to above, shall be sent via Registered Mail. City of Dublin Mayo ATT T: APPROVED AS TO FORM: City Attorney 7 Santina and Thompson Consulting Civil Engineers, Inc. By Peter F. Santina, President EXHIBIT A HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 1991 SANTINA . :,, . N THOMPSO Municipal Engineering · SLaweying Raikoad 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 DRAFtING/GRAPHICS: Senior Drafter .................................................... 65.00 Associate Drafter .................................................. 57.50 Junior Drafter I ................................................... 50.00 Graphic Artist .................................................... 44.00 CI,ERICAL ........................................................... 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 · Concord. CA 94520 415-827-3200 Fax: 415-687-1011