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AGENDA STATEMENT
Meeting Date: December 27, 1982
SUBJECT: City Engineering Services Agreement
EXHIBITS ATTACHED: Resolution; Agreement '
RECOMMENDATION: 1) Approve agreement with Santina and
Thompson
2) Adopt resolution designating Lee Thompson
as City Engineer effective 2/1/83
3) Direct City Manager to notify Alameda
• County of its intent to terminate its
agreement for Examination of Tract Maps
and Parcel Maps and the Maintenance
Agreement
FINANCIAL STATEMENT: Costs are as indicated on the attached
Agreement
DESCRIPTION: At a Special City Council meeting held on
December 7 , 1982, the City Council selected Santina and Thompson to
function as City Engineer and TJKM to function as a subconsultant
for traffic engineering services. The City Manager has negotiated
the attached agreement with Santina and Thompson in accordance with
City Council direction. As part of that agreement, the Consultant
has agreed to hold office hours in the City offices. At this time
it appears that the Consultant will be present in the City offices
about three days a week.
Staff has met with the Alameda County Public Works Director and
Staff in order to effectuate a smooth transition. Before the
City can accomplish this transition, the City must provide the
County with 30 days written notice that it wishes to terminate its
contract agreement with the County for Examination of Tract Maps
and Parcel Maps and also those portions of the Street Maintenance
Agreement which provide engineering services. During that 30
day period, Mr. Flertzheim would continue to function as City
Engineer for the City, and the County would attempt to complete all
pending subdivision reviews. Any maps which the County did not
complete prior to February 1, 1983, would be signed off by
ITEM NO. .C,! COPIES TO: Santina & Thompson
Agenda Statement pity Engineering Services Agreement
Page Two
Lee Thompson after the review had been completed by the County.
All new work generated during the 30-day transition period would
be handled by Santina and Thompson. Since the City cannot have
two City Engineers concurrently, Mr. Thompson's designation as
City Engineer would be effective on February 1, 1983.
RECOMMENDATION: It is Staff' s recommendation that the
City Council approve the agreement for engineering services with
Santina and Thompson, adopt a resolution designating Lee Thompson
as City Engineer effective February 1, 1983, and direct Staff to
notify the County of its intent to terminate the City agreement
with the County for the Examination of Tract Maps and Parcel Maps
and further those provisions of the Street Maintenance agreement
which relate to engineering services.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DESIGNATING LEE THOMPSON AS CITY ENGINEER
FOR THE CITY OF DUBLIN
WHEREAS, on July 1, 1982, the City of Dublin designated the
County Surveyor as City Engineer for the City of Dublin
and entered into an Agreement with Alameda County for
engineering services; and
•
WHEREAS, the City Council believes it to be in the best interest
of the City to terminate its agreement with the County
for engineering services and retain the engineering
services of Santina and Thompson Consulting Civil
Engineers, Inc. ;
NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council hereby
designates Lee Thompson of Santina and Thompson,
Consulting Civil Engineers, Inc. , as City Engineer for
the City of Dublin, effective February 1, 1983 .
PASSED, APPROVED AND ADOPTED this day of , 1982,
by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
A G R E E M E N T
This Agreement is made and entered into this day of
1982, by and between the City of Dublin (hereinafter referred to as
"City") , and Santina and Thompson, Consulting Civil Engineers, Inc. (here-
inafter referred to as "Consultant") .
WHEREAS, City is desirous of the services of a City Engineer and
related engineering; and
WHEREAS, Consultant is qualified to render said necessary services and
desires to serve as City Engineer to City,
NOW, THEREFORE, the parties hereto agree as follows :
I. DUTIES OF CONSULTANT
Consultant agrees to provide those engineering services that may
be required by the City of Dublin 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. Perform the statuatory responsibilities of City Engineer.
2. Analyze the City' s engineering needs and recommend programs
to the City Manager consistent with the economic capabilities
of the City.
3. Attend meetings with City Staff, public officials, community
leaders, developers, contractors, and the general public
as required by the City.
4. At the direction 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 may have an impact on the City.
5. When directed, supervise the accounting of State Highway
User Funds from the standpoint of meeting State requirements
for the expenditure of such funds.
6. 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.
7. Recommend ordinances and regulations pertaining to engineering
matters.
8. Establish working relationships and coordination with other
public agencies and private utilities involving engineering
matters affecting the City.
9. Provide special engineering reports as to such related
matters as traffic studies, assessment district formation,
Agreement - EngineerinConsultant
Page Two
annexation, etc. , when so requested.
10. Administer and review issuance of encroachment permits.
B. Traffic Engineering Duties
1. Act as City Traffic Engineer and 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 general 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.
2. Perform the statutory functions of City Engineer pertaining
to the review and checking of subdivision maps. 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. The City Engineer
would be required to certify the map.
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. The City
Engineer would be required to certify the map.
c. Provide detailed plan checking of tract and parcel maps.
3. Check improvement plans for facilities under the jurisdiction
of the City that are prepared by private developers.
4. 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.
5. 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.
6. Provide such necessary and related functions that are the
normal practice of the City in the City. Engineering review
of private developments.
7. Review engineering aspects of planning applications.
8. Recommend acceptance for maintenance of public improvements
to the City Council.
Agreement - EngineerinConsultant
Page Three
D. Capital Projects
1. Assist City Manager 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. It is understood that Consultant will provide
design services for most capital improvement projects.
• However, 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.
II. GENERAL CONDITIONS
A. Consultant agrees to provide a toll free telephone number at
consultants office to be used by City of Dublin.
B. Consultant agrees to establish regular office hours in the
Dublin City offices to the satisfaction of the City Manager.
C. City will provide office space and clerical support for
Contractor' s representative designated as City Engineer.
D. , 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.
III. DESIGNATION AS CITY ENGINEER
For the term of this agreement the following employee of consultant
is to be designated as City Engineer:
1
Lee S. Thompson Registered, Civil Engineer #19348
It is understood that TJKM, a subconsultant, will provide City traffic
Engineering services to the City.
IV. COMPENSATION
Consultant shall be compensated for work as follows:
A. For City Engineering Services, plan checking, subdivision
review, public facility inspection services, traffic engineering
services, attendance at Commission/Council meetings, ordinance
preparation and other tasks required by the City to be on a
time and materials basis in accordance with 80% of the Consultant' s
latest fee schedule (with the exception of survey crews which
will be billed at 100% of the hourly rate) . The schedule for
1982-83 is attached hereto as "Exhibits A and B" , and
incorporated herein by reference. The City will not pay the
cost of commuting from Consultants office to Dublin City Office.
Agreement - EngineerinConsultant
Page Four
B. Design of Capital Improvement Projects will be negotiated on a
project by project basis. Payment to be made on a monthly
basis for hourly work or percent of capital improvement project
design performed.
V. 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 shall 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.
VI. 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 of Dublin for
any purpose.
VII. ASSIGNABILITY
This agreement shall not be assignable or transferable by the
Consultant without the expressed written consent of the City Manager.
VIII. 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 of Dublin and upon request
at the completion of the services to be performed they will be turned
over to the City of Dublin.
j
IX. PERFORMANCE OF WORK
Consultant agrees to perform work as stated in this agreement to
the satisfaction of the City.
X. LIABILITY COVERAGE
A. 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.
B. Consultant firm shall hold harmless the City from damages,
costs or expenses that may arise because of damage to property
or injury to persons received or suffered by reason of the
operation of engineering firm which may be occasioned by any
negligent act or omission to act which amounts to negligence
on the part of the .Consultant or any of its agents,
Agreement - Engineering Consultant
Page Five
officers and employees and subcontractors.
C. Consultant - agrees to provide at its own expense general
liability insurance in an amount not less than $1,000,000 .00,
and further name the City as an additional insured.
D. Consultant shall provide the City with evidence that it
has Worker' s Compensation Insurance covering all its employees
and projessional liability insurance in the amount of $1,000.000. 00 .
E. Consultant shall assume liability for the wrongful or
negligent acts, errors and omissions of its officers, agents
and employees and subcontractors in regard to any functions
or activity carried out by them on behalf of the City.
XI. TERM OF •AGREEMENT -
The term of this agreement shall be from the date first written above
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 tezmination. All notices to 'the City shall be addressed to:
City Manager
City of Dublin
6500 Dublin Boulevard
Dublin CA 94568
All notices to Consultant shall be addressed to: .
•
Santina and Thompson, Inc.
Consulting Civil Engineers
1040 Oak Grove Road
Concord CA 94518
Agreement - Engineer° Consultant
Page Six
CITY OF DUBLIN
By
Mayor
ATTEST
City Clerk
Santina and Thompson, Inc.
Consulting Civil Engineers:
By
Peter F. Santina,
President
APPROVED AS TO FORM:
City Attorney
EXHIBIT A.
CDSANTI NA & ENGINEERING SURVEYING
THOMPSON INC. CON�NNING
1040 Oak Grove Road, Concord, California 94518 (415) 827-3200 Telex 338563 Santana
July 1, 1982
HOURLY CHARGE RATES
Principal $ 80 Associate Engineer $ 53
Oceanographer . 75 Junior Engineer 50
Project Manager 69 Sr. Draftsman 48
Director of Planning 64 Jr. Draftsman 40
Survey Supervisor 60 Graphic Artist 34
Senior Engineer 57 Cartographer 29
Principal Planner 55 Clerical 28
Survey Crews:
Hydro Survey $ 210
3-Man Party 149
2-Man Party 109
1-Man Party 64
Research & Computations 56
A.P. 3810 10
Boat 5 •
Reimbursable Expenses
Mileage ($ .25/mile)
Domestic travel per diem (reimbursable at $20/day plus lodging)
Project Consultants at cost (plus 7% administration) **
Other direct project expenses at cost + 10%
- Public transportation, charter or rental
- Printing, graphics, photography and reproduction
- Rental or purchase of special equipment and materials
- Long distance telephone or special shipping
- Models, perspectives and renderings
The above fees are effective through June 30, 1983 thereafter to
be increased on July 1, 1983 and every year hence to our adopted
fee schedule which will be increased based on the Bay Area Infla-
tion Index for design work and increases granted through union
negotiations for field work.
**For purposes of this contract TJKM will not be considered a
project consultant.
EXHIBIT B
TJKM HOURLY RATE SCHEDULE
Principal Traffic Engineer $80
Senior Associate 67
Senior Traffic Engineer 57
Traffic Engineer 49
Assistant Traffic Engineer 37
Traffic Engineering Assistant 32
Technician II 27
Technician I 17
Senior Draftsman 27
Draftsman 20
Secretarial 25
These rates include standard overhead items. Not included are
transportation costs at 30 cents/mile, plus actual costs of outside
services including photo work, computer services, and printing.
Attendance at meetings to present or discuss study findings is not
included in basic fee and is invoiced per this schedule.
Expert witness charges available on request.
Effective August 1, 1982