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HomeMy WebLinkAbout7.9 Engineering Contract Review Santina Thompson CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: June 27, 1989 SUBJECT: Engineering Contract Review (Santina & Thompson) Report prepared by Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) Letter from Peter F. Santina dated April 7, 1989, with attachments. 2) Current Santina & Thompson agreement dated July 1, 1985, with amendments 3) Proposed amendment to Santina & Thompson agreement 4) Proposed hourly rates and comparison of 1987, 1988, and 1989 hourly fee charges. RECOMMENDATION: �� 1) Review services of Santina & Thompson l/ 2) Approve amendment to agreement with Santina & Thompson and authorize Mayor to execute. FINANCIAL STATEMENT: See below. DESCRIPTION: General professional engineering services have been provided by the firm of Santina and Thompson, Inc. , since February of 1983 on a contract basis. In the past, these services have included City Engineer, private development plan review and inspection, Capital Improvement Project design and inspection, and other related duties. During FY 1988-89, the City hired its own Public Works Director and one Public Works Inspector which replaced the contract City Engineer and one inspector position. Santina and Thompson continued to provide the services of a part-time Assistant City Engineer under the contract arrangement. Santina and Thompson has prepared a self-evaluation of their firm's performance. This staff report will highlight pertinent sections of this information. In addition, the current agreement and proposed amendment to the agreement are attached for the Council's review. The firm of Santina and Thompson is a medium sized civil engineering firm of approximately 50 people offering Dublin expertise in the following areas: 1) Engineering plan review of proposed private developments at the preliminary planning stages. 2) Detailed engineering plan review of subdivision and commercial improvement plan documents. 3) Plan checking of Final Subdivision Maps and Parcel Maps through their surveying personnel. 4) Field survey checking of subdivision survey monuments set by developers' surveyors. 5) Providing a Registered Civil Engineer as Assistant City Engineer to review and sign plans in the absence of Dublin's City Engineer. 6) Resident engineering services for the large Federal Aid Urban Capital Improvement Projects. 7) Providing a Public Works Inspector to inspect primarily private development work and provide backup inspection on Capital Improvement Projects. 8) Design of Capital Improvement Projects and preparation of specifications and engineering cost estimates for these projects. 9) Updating of the City's base map system as new developments are approved. 10) Updating of the Pavement Management System. 11) Preparation of grant applications. 12) Preparation of estimates for the Five-Year Capital Improvement Program. ---------------------------------------------------------------------------- ITEM NO. `' COPIES TO: Peter F. Santina, Santina & Thompson Background Alameda County provided Dublin's engineering staff functions for the first year after incorporation. After interviewing several private engineering firms, the City contracted with Santina and Thompson in February of 1983. Santina and Thompson has continued to provide these engineering services since that time. As the workload has stabilized somewhat after the initial rush of startup work, some of the engineering functions have been transferred to permanent City positions. The filling of the full time positions of Public Works Director/City Engineer and Public Works Inspector in FY 1988-89 was the first move away from total contract engineering services. The annual sidewalk safety, overlay, and slurry programs' engineering pre-bid work is now being done prmarily by the City's inspection staff in the Dublin office. In addition, the City inspection personnel oversee other public projects designed by Santina and Thompson. This helps assure that independent review is occurring on projects. After the large number of street improvement projects over the first six years after incorporation (37 projects totaling $8,940,000) , the Capital Improvement Program has now turned more toward parks and landscaping type projects. This has further reduced the involvement by contract Santina and Thompson engineering forces. Included in the "costs" section of this report is a breakdown by dollar amount of contract services indicating the gradual reduction of contract engineering services. Other engineering contractors have been used for survey staking of street improvement projects. Typically, this work has been included in the specifications as the responsibility of the General Contractor. The contractor is then responsible for obtaining the services of a qualified subcontractor. In addition, the City has utilized the "design team" approach with the park development projects. The team is typically led by a landscape architect, who selects the civil engineer for the project. This contract with Santina and Thompson has allowed Dublin the flexibility to gear up in a hurry to provide the major street projects that had not been done under County jurisdiction and then reduce the workload without requiring City personnel layoffs. The contract also allows for flexibility in the private development plan check workload without the City maintaining a fixed number of Staff to do this work. Staffing The Santina and Thompson staffing at the Dublin City Offices, as proposed in the 1989-90 budget, anticipates one contract inspector to primarily inspect private development work and an Assistant City Engineer an average of three days per week for general engineering work (reports, public contact, working on City goals and objectives, and so forth) and an average of one day per week as the FAU project (San Ramon Road Phase IV) Resident Engineer. An additional day per week will be devoted to private development plan checking and developer contact. Private development plan checking, Capital Improvement project design, and general requested engineering work is provided by a full-time staff at Santina and Thompson's Concord office. Meeting Attendance The new contract position of Assistant City Engineer has been able to take over many of the meetings previously attended by the City Engineer. These include the regular Nonpoint Source study meetings, developer and private engineer meetings, City contractor meetings, and meetings with the general public. Funding Methods During the last fiscal year, the Public Works Director/City Engineer has directed the requests for outside funding, for which the Santina and Thompson staff has prepared necessary applications and cost estimate backups. Over this last year, the following outside funding grants have been obtained through the Engineering Department: 2 - 1) $500,000 in FAU monies for Dublin Boulevard widening. 2) $75,000 in TDA Article 3 monies for replacing catch basin grates with bikeproof ones. 3) $60,100 in TDA Article 3 monies for providing handicap curb ramps. Development Review The review of private development submittals at the planning stages has been taken over by the Assistant City Engineer position, as well as the coordination of private development engineering plan checking. It is expected that this upcoming fiscal year, the demand for private development plan checking and inspection will remain approximately the same as in 1988-89. The major expected developments are as follows: 1) Village V (J.L. Construction) - Completion of improvements (grading has been completed) . 2) Village IV (Standard Pacific) - Completion of underground work and improvements. 3) Hansen Ranch (Bren Company) - Plan check and inspection. 4) Heritage Commons (J.L. Construction) - Plan check and inspection. 5) Tract 5900 (Moore subdivision on Dublin Boulevard extension) - inspection. The work in plan checking is sporadic and is better done by a contractor with a pool of people so as not to cause large delays when multiple plan checks are received at the same time. The cost of this work plus a surcharge for City overhead costs are recovered directly from the developer. Costs The following table identifies the historical breakdown of general engineering costs under the Santina and Thompson contract. The breakdown identifies costs by major categories: Estimated Recommended 1986-87 1987-88 1988-89 1989-90 General Engr./Inspection $109,166 $146,439 $ 57,000 $100,000 Engineering/Inspection paid by outside fees 337,146 204,358 171,000 200,000 Capital Project Engr./Insp. 452,377 340,515 280,000 225,000 Assessment Dist. Engineering 10,722 10,133 13,500 12,500 $909,411 $701,445 $521,500 $537,500 The total cost of contract engineering has tended to decrease over the first three years indicated above, with next fiscal year being about the same as this fiscal year. The difference between FY 1988-89 and the proposed 1989-90 in the line items of the table above are: 1) General Engineering/Inspection: a) A bookkeeping revision of $8,000 moved from Street Maintenance to General Engineering in the case of slurry seal engineering. b) The addition of one staff day per week of the Assistant City Engineer's time. c) Miscellaneous studies, including requests for easement preparation Capital Improvement budget estimates, and so forth, represents $12,000. 2) Engineering and Inspection paid by outside fees: This varies based on the actual amount of private development work. It is anticipated that this will slightly increase from last year. 3) Capital Project Engineering/Inspection: A decrease due to the move away from street type projects to park and landscaping projects which Santina and Thompson does not design. 4) Assessment District Engineering: This item stays fairly constant, varying only with changes in annexations or resubdivisions within the three maintenance assessment districts and one construction assessment district. 3 - Capital Improvement Projects In Mr. Santina's letter, there is a financial history of projects awarded in the past year that were designed by Santina and Thompson. Estimates have been added in where projects were not complete. Of the 11 projects, the following breakdown shows the consolidated estimates and costs of the combined projects: Construction Budget: $3,711,700 Engineer's Estimate at Time of Bid: 3,644,270 Low Bid Received: 2,889,657 Final Costs (including changes) 3,129,478 The sum of the low bids is $754,613 under the sum of the engineer's estimate (20.7%) , the largest difference being the San Ramon Road Phase III project where five major contractors submitted bids for the project. The engineering design and inspection cost for the same projects has been consolidated below: Engineering Costs Budgeted: $ 577,909 Final Total Engineering Costs: 600,317 % Above Budget: 3.9% Most projects came in very close to budget. A significant portion of the overrun is attributable to San Ramon Road Phase III. This was due primarily to keeping inspection services nearly full-time due to the State (FAU) required documentation. A new procedure was instituted this year 'for new projects designed by Santina and Thompson, beginning with the Dublin Boulevard Widening project. Santina and Thompson (as well as TJKM) will propose their design work on a project- by-project basis to a maximum fee not be exceeded without prior written authorization. Within the last 6-1/2 years that Santina and Thompson has been on contract with the City, they have designed 43 projects representing approximately $10,860,000 of construction. In all of these projects, the City has not had any contractor claims or lawsuits nor any private lawsuits which the City has had to defend. This indicates good project plans and specifications, project management, and contractor relations. Agreement In order to clarify the services provided, an expanded description of Inspection Services and Capital Improvement Engineering is included as part of the proposed amendment. The proposed increases in hourly rates are also addressed. The current contract rates were established in March of 1987. The proposed hourly fees include increases of 6%. This level of increase over a three year period (1987 - 1990) appears to be reasonable. A third area of proposed change to the agreement deals with the wording in the contract relative to insurance. Santina and Thompson's insurance people have requested these changes (which do not include any change in coverage) . The City Attorney's office has reviewed the changes and does not object to them. Conclusion Staff recommends that the City Council provide any additional input and comments on engineering services provided by Santina and Thompson, approve the amendment to the agreement, and authorize the Mayor to execute same. 4 - CI) SANTINA & EN SUGINEERING THOMPSONINC. CONSULTANTS 1040 Oak Grove Road, Concord, California 94518 FAX (415)687-1011 (415)827-3200 . April 7, 1989 Mr. Lee S. Thompson Director of Public Works City of Dublin P.O. Box 2340 Dublin, CA 94568 Re: Self Evaluation of Services and Fiscal Year 1989-90 Proposed Services Dear Lee: This letter is in response to your request for the referenced information. The specific documents requested are delineated at the end of this letter. The. amount of service that we have provided to the City has decreased during the last few years. We except this trend to continue as the City adds direct staff and as the rate of private development in the City decreases . It has been our ability to respond to the large changes in staffing requirements with experienced people that has, we believe, allowed the City of Dublin to be so successful with the control of private development nd with the many capital improvement projects that have been completed. The quality of our work generally exceeds the standard quality of the industry, and we have been able to provide this quality efficiently and at little cost to the City. A large portion of our work is totally paid for by developer/applicatns. Also, Santina & Thompson, Inc. , has successfully assisted the City to obtain over 2 . 6 million dollars in outside funding. We have organized the documents that you requested in the following manner: Exhibit Al is Santina & Thompson, Inc. 's, Self Evaluation of Services. Exhibit A2 is a comparison of engineering costs for Santina & Thompson, Inc. , presented in tabular form. Corporate Headquarters In Conco I t/ f 1 Mr. Lee Thompson April 7, 1989 Page Three Exhibit A3 is a financial history of the City's .Capital Improvement Projects presented in tabular form. Exhibit B1 is a description of our proposed services for the fiscal year 1988-89. Exhibit C1 is a proposed agreement for services and the associated fee rate tabulation. Thank you for the opportunity to serve the City of Dublin. Should you have any questions regarding the information contained herewith please do not hesitate to contact me. Sincerely, Peter F. Santina Chief Executive Officer PFS:PEH: lh Enclosures EXHIBIT A - 1 SELF EVALUATION OF SANTINA & THOMPSON, INC. 'S SERVICES I. Contract Compliance - The following is a listing of Santina & Thompson, Inc. Is contract duties together with comments regarding our compliance. A. Administrative Duties: 1. Provide staff for the Assistant City Engineer position. .The Assistant City Engineer shall perform the statutory duties of the City Engineer in the City Engineer' s absence. Subsequent to July 18, 1988, the Public Works Director position and the City Engineer position were combined into one. The City filled this post directly. Santina and Thompson, Inc. provided staff for the Assistant City Engineer position. The Assistant City Engineer performs the duties of the City Engineer in his absence. Santina and Thompson, Inc. has staffed this position with a person whose qualifications exceed that required for the position enabling the Public Works Director to delegate complex duties to the Assistant City Engineer. 2 . Attend meetings with City Staff , public officials , community leaders , developers , contractors , and the general public as required by the City. . Staff provided by Santina and Thompson, Inc. serving as your Assistant City Engineer have attended meetings with Alameda Co. Transportation Advisory Committee, Alameda Co. Nonpoint Discharges Task Force, East Bay Municipal Engineers, and Assessment District Meetings in the Public Works Director's absence. The capability and experience of staff furnished by Santina and Thompson, Inc. has allowed that position to immediately react to the infor- mation presented at those meetings and to speak in the City's behalf. 3 . 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 r outside the City and which may have a traffic impact on the City. Santina and Thompson, Inc. is very familiar with the recent history and current goals of the City. Through the position of the Assistant City Engineer, we have been able to identify potential impacts of proposed projects and to recommend appropriate offsite mitigation. 4 . Advise the City Manager as to engineering and construc- tion financing available from other governmental agencies and when so directed , prepare and initiate application for such fundings. Our staff, functioning as the City's contract Assistant City Engineer, is in a position to identify potential sources of funding. Additionally, Santina and Thompson, Inc. provides services for many other cities in the Bay Area. Through these clients and contacts at other cities, as well as through the Assistant City Engineer, we are able to keep informed of potential funding sources . The contract Assistant City Engineer is familiar with the funding application process of many state and federal agencies and has been able to initiate and complete application for various grants. 5. Recommend ordinances and regulations pertaining to engineering matters. Santina and Thompson, Inc. staff has participated in the update of the municipal code in matters relating to engineering and traffic. The contract Assistant City Engineer through his knowledge of the local government process, has continued to make recommendations for municipal code revisions when engineering matters are concerned. 6. Aid in the establishment of workincr relationships and coordination with other public agencies and private utilities involving engineering matters affecting the City. Our employee, serving as your assistant City Engineer has routinely attended these and other utility and governmental organizations in the absence of the Public Works Director. 7 . Provide special engineering report as to such related matters as minor traffic studies assessment district formations , annexations, etc. , when so requested. Our employee, serving as your assistant . City Engineer responds to citizen complaints and requests regarding traffic matters. These items are evaluated and a report with recommendations are forwarded to the Police Department, Planning Department or the Public Works Director. Through the Assistant City Engineer as well as support staff, five existing Assessment Districts are period- ically maintained and updated. 8 Aid in the review and issuance of encroachment and grading permits. Our employee serving as the Assistant City Engineer, as well as our staff serving as the City's inspection staff has provided the administration and inspection services required for all encroachment and grading permits . In addition to these services, Santina and Thompson, Inc. support staff has provided the technical review of grading plans and for the review of improvement plans associated with encroachment permits when appropriate. B. Traffic Engineering Duties: 1) Give direction to and assist city staff in performing minor traffic studies, recommend solutions and provide general engineering consultation in conjunction with traffic circulation, street signs, noise impact, etc. Santina -and Thompson, Inc. reviews minor traffic problems and refers full studies on to TJKM when necessary. Santina and Thompson, Inc. in conjunction with TJKM normally identify traffic problems and under the direction of the Public Works Director , has initiated the plan line studies that were then implemented through the City's Capital Improvement Program. C. Development Review Duties Review proposed developments, including subdivision maps, and site development improvement projects. Santina and Thompson, Inc. either through our staff serving as the Assistant City Engineer or with support staff has been responsible for the technical review of virtually all grading plans, improvement plans and parcel and final maps that have been under the jurisdiction of the City of Dublin. The ability of Santina and Thompson, Inc. to devote additional qualified staff to the City as the workload fluctuates, has meant that the City has been able to perform the required reviews in a professional and timely manner. Additionally, the inspection and construction administration staff provided by Santina and Thompson, Inc. has done an excellent job, insuring that both the private and public site improvements are constructed correctly and that future maintenance costs are minimized. Continued contract administration has insured that the . City has been continually protected 'should a developer default on his subdivision agreement. D. Capital Improvement Projects The Capital Improvement projects that were bid or were under construction for the 1988-89 fiscal year are listed as follows: 1) San Ramon Road, Phase III 2) Major Arterial Soundwall, Masonry 3) Major Arterial Soundwall, Wood 4) Sidewalk Program, 1989 5) Annual Street Overlay and Repair 6) Annual Slurry Seal 7) Traffic Signals Some of these projects were partially funded by outside sources. Outside funding generally complicates the manner in which the contract documents must be prepared. All of these projects are either completed or are near completion. No litigation due to contractor's claims are anticipated for any of these projects. E. General Conditions General Conditions: Santina and Thompson, Inc, has met all general conditions contained in the contract for services, including -the requirements for the office hours, insurance requirements, and telephone support of the Concord office. We have staffed the resident engineer position for the San Ramon Road Project with the same employee that acts as the Assistant City Engineer, allowing five day a week continuity for the City at no additional cost. F. Availability: Availability: As discussed above, Mr. Richard Lierly has been available to the City for five days per week. Additionally, support staff has been available on an as needed basis continually for the life of the contract. As the City' s inspection needs have un-expectantly fluctuated, Santina and Thompson, Inc. has been able to provide the necessary inspection staff on short notice. Responsiveness: We have been able to meet the requests and the demands of the City administrators, the general public and the developers in a timely, efficient and sensitive manner. G. Cost Effectiveness: Our administration and inspection staff continuously analyze projects from a financial perspective. This is especially true during the administration of capital improvement projects. Our staff has utilized the change order process of capital improvement projects to obtain improvements for the City at normally unattainable low unit prices, since no mobilization and little additional construction administra- tion is necessary. Although our function as the contract City Engineer was deleted from the services agreement this fiscal year, our staff continues to take an active part in the procurement of outside grants. This has resulted in the City obtaining many capital improvements and reduced costs to the City. EXHIBIT A-2 FISCAL YEAR COMPARISON ENGINEERING COSTS Santina & Thompson 1986-87 1987-88 1989-90 General Engr./Inspection $109,166 $146,439 $100,000 Assessment Dist. Engineering 10,722 10,133 12,500 General Engr./Inspection paid by outside fees 337,146 204,358 200,000 Capital Project Engr./Insp. 452,377 340,515 225,000 Subtotal $909;411 $7010444 $537,500 Materials and Other Contract Costs (1) $105,000 46,600 31,500 Total Cost $1,014,411 $748,044 $569,000 (1) Includes survey work (2) These numbers were extrapolated for the months-of March, April, May, and June EXHIBIT A-3 CAPITAL IMPROVEMENT PROJECTS NOT COMPLETED OR AWARDED SINCE CONTRACT REVIEW 1987-88 FINANCIAL HISTORY APPROVED BUDGET ENGR'S ESTIMATE AMOUNT UNDER CONSTRUCTION FINAL CONTRACT NO. PROJECT NAME PRIOR TO BID PRIOR TO BID LOW BID ENGR'S ESTIMATE COST ENGR COST 87-8 Dublin Blvd. at Clark (C) $ 125,000 $ 88,480 $ 76,142 $ 12,338 $ 86,490 $ 23,256 (E) 18,000 88-1 Major Arterial Soundwall (C) 536,080 462,600 510,478 25,602 532,266 87,600 (Masonry) (E) 93,429 88-3 Sidewalk Repair/ (C) 115,500 115,500 104,417 11,083 128,738 16,902 Handicap Ramps (E) 20,100 88-4 Overlay and Bike Path (C) 447,500 512,400 369,429 142,971 418,663 42,043 (E) 49,000 88-5 Slurry Seal (C) 42,000 42,000 31,990 10,010 41,337 8,257 (E) 8,000 88-6 3 Signal Project (C) 400;000 371,066 282,191 88,875 305,800 est. � 75,500 est. (E) 69,500 88-7 San Ramon Road Ph. III (C) 1,443,000 1,339,577 927,798 411,779 1,011,500 est. 287,000 est. (E) 257,000 88-8 Major Arterial Soundwall (C) 94,950 155,000 175,414 (20,414) 174,933 28,900 (Wood) (E) 16,550 89-2 Sidewalk Safety Repair (C) 41,670 41,650 37,884 3,766 46,431 6,632 Program (E) 8,330 89-3 Overlay and Repair (C) 424,000 473,997 340,358 133,639 344,939 18,715 (E) 30,000 89-4 Slurry Seal (C) 42,000 42,000 33,556 8,444 38,381 5,512 (E) 8,000 (C) 3,711,700 $3,644,270 2,889,657 828,093 $3,129,478 600,317 (E) 577,909 "Modified budgets after bidding twice (no precast bidders) EXHIBIT B - 1 Santina & Thompson, Inc. 's Proposal for Services in Fiscal Year 1989 - 90 Santina & Thompson, Inc. , proposal for the upcoming 1989-90 fiscal year fiscal year is present as follows. This proposal has been presented in the format requested by the City and is contingent upon the execution of a formal contract between Santina & Thompson, Inc. and the City of Dublin. a. CONTRACT TERM - We propose to continue our term of contract to coincide with the City's fiscal year, beginning July 1, 1989 and ending June 30, 1990. b. PROPOSED HOURLY RATE - Our proposed rate schedule is attached to this document. We have not increased our rates for the last two years, we propose a 6% increase for the upcoming fiscal year. C. SECTIONAL PAY RATES - We propose to keep our discount percentage for the various categories of work the same as last fiscal year. It is our understanding that our inspector will be primarily inspecting private develop- ment work and the inspection of capital improvement projects will be performed primarily by the City' s inspector. d. INSURANCE LIMITS - We propose no increase in charge rates due to insurance costs for the upcoming fiscal year. Our insurance limits will not change from last year. We propose $500, 000 for errors and omissions insurance and $1, 000, 000 general liability insurance. e. STAFFING = We understand that the City of Dublin will provide the employee to serve as the City Engineer and will provide an employee to perform the duties of an inspector. The following table presents the staffing level that will be provided to the City for those positions that will work out of the City of Dublin's offices. Assistant City Engineer (Sr. Engr. level) 4/5 man year Public Works Inspector 1 man year Resident Engineer (for FAU projects) 1/5 man year 1 We anticipate that we will continue to provide engineering plan checking services and capital improvement design work service from our Concord office. The plan review work would be on a time and materials basis and the capital improvement design work would be on a time and materials basis with a limiting maximum fee negotiated for each project. . 2 A G R E E M E N T ----------------- ----------------- This Agreement is made and entered into this 1st day of July, 1989, by and between the City of Dublin (hereinafter referred to as "City" ) , and Santina and Thompson Consulting Civil Engineers, Inc. (hereinafter referred to as "Consultant") . WHEREAS, City is desirous of the services of an Assistant City Engineer and related engineering; 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 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 . Analyze the City's traffic engineering needs and recommend programs to the City Manager consistent with the economic capabilities of the City. 2 . Attend meetings with City staff, public officials, community leaders, developers, contractors and the general public, as required by the City. 3 . 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. 4 . When directed, supervise the accounting of State Highway User Funds from the standpoint of meeting State requirements for the expenditure of such funds. 5. 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. 6 . Recommend ordinances and regulations 1 pertaining to engineering matters. 7 . Establish working relationships and coordination with other public agencies and private utilities involving engineering matters affecting the City. 8 . Provide special engineering reports as to such related matters as minor traffic studies , assessment district formation, annexation, etc. , when so requested. 9 . Administer and review issuance of encroachment and grading permits. B. Traffic Engineering Duties 1. Give direction to and assist City staff in performing minor 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. 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 2 of the work. 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. 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 consultant's 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 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 3 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: 1. Work which is performed in or from the Dublin City office for work not chargeable to private develop- ments. This includes attendance at Commission and City Council meetings. 2 . General Engineering work which is not related to a specific capital improvement project or private development and is performed in or from the Dublin City Office. This includes attendance at Commission and City Council meetings. 3 . 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. B. The following work shall be charged at the rates shown in Exhibit A: 1. Capital improvement design work, which is billed on a time and material basis. Prior to proceeding with the work, a maximum estimated budget shall be established by City and shall not be exceeded without approval of the City Manager. 2 . Engineering survey work. 3 . Plan checking and other activities which are paid for by the private developer and are designated as actual cost on the fee schedule. This would not include work on projects where the application involved review, issuance or inspection based on an established fee. C . The City shall not pay for the cost of commuting from the Consultant's office to Dublin City Office. 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. 4 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. IV. PERFORMANCE OF WORK Consultant agrees to perform work as stated in this agreement to the satisfaction of the City. X. LIABILITY A. 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. B. 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. C. 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 $500, 000. 5 XI. TERM OF AGREEMENT The term of this agreement shall be from July 1, 1989 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 shall be addressed to: City Manager City of Dublin 6500 Dublin Boulevard, Suite 101 Dublin, CA 94568 All notices to Consultant shall be addressed to: Santina and Thompson Consulting Civil Engineers, Inc. 1040 Oak Grove Road Concord, CA 94518 Notices, as referred to above, shall be sent via Registered Mail . CITY OF DUBLIN By Mayor ATTEST: City Clerk Santina and Thompson Consulting Civil Engineers, Inc. By Peter F. Santina, President APPROVED AS TO FORM: City Attorney 6 AGREEMENT This Agreement is made and entered into this day of 1988, by and between the City of Dublin (hereinafter referred to as "City") and Santina and Thompson, Consulting Civil Engineers, Inc. , (hereinafter referred to as "Consultant") . WHEREAS, City is desirous of the services of an Assistant City Engineer and related engineering; and WHEREAS, Consultant is qualified to render said necessary services and desires to serve as Assistant City Engineer and related engineering services 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 statutory responsibilities of the City Engineer by means of an Assistant City Engineer in the absence of the City Engineer. 2. Attend meetings with City Staff, public officials, community leaders, developers, contractors, and the general public, as required by the City. 3. 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. 4. Advise the Public Works Director 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. 6. Aid in the establishment of working relationships and coordination with other public agencies and private utilities involving engineering matters affecting the City. Page 1 7. Provide special engineering reports as to such related matters as minor traffic studies, assessment district formation, annexation, etc. , when so requested. 8. Aid in the review and issuance of encroachment and grading permits. B. Traffic Engineering Duties 1. Give direction to and assist City Staff in performing minor 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. As delegated by the City Engineer, review or check 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 and approved alterations, and applicable City records and ordinances. Santina and Thompson would be required to recommend to the City Engineer as to the certification of 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 and to recommend to the City Engineer as to the certification of 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. III. COMPENSATION Consultant will be compensated for work as follows: A. The following work shall be charged at 75 percent of the rates shown in Exhibit A: Page 2 1. Work which is performed in or from the Dublin City office for work not chargeable to private developments. This includes work performed by the Assistant City Engineer, Resident Engineer, and Public Works Inspector, and attendance at Commission and City Council meetings. 2. General Engineering work which is not related to a specific capital improvement project or private development and is performed in or from the Dublin City office. This includes attendance at Commission and City Council meetings. 3. 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. B. The following work shall be charged at the rates shown in Exhibit A (Hourly Charge Rates, July 1, 1988) : 1. Capital improvement design work, which is billed on a time and material basis. Prior to proceeding with the work, a maximum estimated budget shall be established by City and shall not be exceeded without approval of the City Manager. 2. Engineering survey work. 3. Plan checking and other activities which are paid for by the private developer and are designated as actual cost on the fee schedule. This would not include work on projects where the application involves review, issuance, or inspection based on an established fee. C.- The City shall not pay for the cost of commuting from the Consultant's office to the Dublin City offices. IV. 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. If fees are collected by the City, Consultant 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. V. 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. Page 3 VI. ASSIGNABILITY This agreement shall not be assignable or transferable by the Consultant without the expressed written consent of the City Manager. VII. 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, shall be turned over to the City of Dublin. VIII. PERFORMANCE OF WORK Consultant agrees to perform work as stated in this agreement to the satisfaction of the City. IX. 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, officers and employees or subcontractors. C. 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. D. Consultant shall provide the City with evidence that it has Workers' Compensation Insurance covering all its employees and professional liability insurance in the amount of $500,000. 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. X. TERM OF AGREEMENT The term of this agreement shall be from July 1, 1988, until terminated. The City may terminate the services of Consultant by providing the firm 30 days written notice. In the event of such termination, Consultant shall be compensated for such services up to the point of termination. Page 4 If Consultant 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 shall be addressed to: City Manager City of Dublin 6500 Dublin Boulevard, Suite 205 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 Notices, as referred to above, shall be sent via Registered Mail. CITY OF DUBLIN By Mayor ATTEST: Cl- �c / c CI Clerk Santina d Thompso Inc. Consulting Civil E sneers B \ Peter F, nti a, President A PROVED AS TO FORM: City Attorney Page 5 EXHIBIT "A" SANTINA & THOMPSON, INC. PROPOSED HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 1988 PRINCIPAL . . . . . . . . . . . . . . . . . . . . . . $107. 65 ENGINEERING: Project Engineer . . . . . . . . . . . 84. 00 Senior Engineer . . . . . . . . . . . . . . . . 75.35 Associate Engineer . . . . . . 63. 50 Junior Engineer . . . . . . . . . . . . . . . 48.45 Public Works Inspector ( includes vehicle) . . . . o . . . . . . 64. 25 Pavement Management . . . . . . . . . . . . . . . . 32.25 Resident Engineer ( includes vehicle) . . . . . . . . . . o 100. 45 PLANNING: Director of Planning . . . . . . . . . . . . . . . . 77. 50 Senior Planner . . . . . . . . . . . . . . . . . . 72.15 Associate Planner . . . . . . . . . . . . . . . . . 56. 00 Junior Planner . . . . . . . . . . . . . . . . . 44.15 DRAFTING/GRAPEICS: Senior Draftsman . . . . . . . . . . . . . . 56. 00 Associate Draftsman . . . . . . . . . . . . . . 49. 50 Junior Draftsman . . . . . . . . . . . . . . . . . . 43. 05 Graphic Artist . . . . . . . . . . . . . . . . . 37. 70 CLERICAL . . . . . . . . . . . . . . . . . . . . . 29. 05 SURVEY: Survey Manager . . . . . . . . . . . 77. 50 Survey Supervisor . . . . . . . . . . . . . . . 70.00 Office Surveyor . . . . . . . . . . . . . . . . . 65. 65 Associate Office Surveyor . . . . . . . . . . . 51. 65 Junior Office Surveyor . . . . . . . . . . . . . . 36. 60 2-Man Party . . . . . . . . . . . . . . . . . 129.15 1-Man Party . . . . o . . . . . 70. 00 Effective July 1, 1988 to June 30, 1989 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND SANTINA & THOMPSON, INC. FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Santina and Thompson, Inc. , Consulting Civil Engineers (hereinafter referred to as "CONSULTANT") first entered into an agreement on February 1, 1983, to provide engineering services to the City of Dublin; and WHEREAS, CITY has subsequently amended the agreement on an annual basis and adopted a revised agreement on September 22, 1986; and WHEREAS, the fees established in Exhibit "A" of the most recent amendment to the agreement were effective from July 1, 1988 to June 30, 1989; and WHEREAS, CITY wishes to continue contracting for services from CONSULTANT; and WHEREAS, an adjustment of fees for services rendered and changes in wording of the "Duties" and "Insurance" section of the Agreement is desirable to both CITY and CONSULTANT; NOW, THEREFORE, the parties hereto agree as follows: Section 1: Adjustment of Rates The Santina and Thompson, Inc. , hourly rate schedule (Exhibit "A") shall replace the rate schedule which was adopted by the City Council on July 11, 1988. The change in rates shall be effective from July 1, 1989 and shall continue in effect until June 30, 1990, or until rescinded or amended by the City Council according to the provisions of the agreement. Section 2: Duties of Consultant The following sections shall be added to Paragraph I "Duties of Consultant" : D. Project Field Inspection 1. Provide public works inspection personnel for private development work throughout the City. 2. Provide public works inspections of Capital Improvement Projects as a backup to City personnel. 3. Recommend acceptance of private development and Capital Improvement projects by the City Council once the work has been satisfactorily completed. 4. Assist with review and preparation of progress payments as required. E. Capital Projects 1. Assist Public Works 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 the preparation of plans and specifications for capital projects 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. Section 3 - Liability Coverage The following shall replace Section X of the existing contract: X. Liability A. 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 CONSULTANT performing services for CITY. CONSULTANT shall provide CITY with evidence that it has a Worker's Compensation Insurance Company covering all its employees. B. 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 CITY as an additional insured. C. 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 CITY or CITY's agents, servants, or independent contractors other than CONSULTANT. 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. CONSULTANT shall provide CITY with evidence that it has professional liability insurance in the amount of $500,000. D. NOTIFICATION: At the time that CONSULTANT is notified or becomes aware of any material change or impending material change in Worker's Compensation Insurance, General Liability Insurance or Professional Liability Insurance, CONSULTANT shall immediately notify CITY of such change. E. SUBCONTRACTORS: Any subcontractors working for CONSULTANT shall also meet the requirements of this section. CITY OF DUBLIN Mayor ATTEST: City Clerk SANTINA AND THOMPSON, INC. Peter F. Santina, President Date of Adoption SANTINA & THOMPSON, INC. PROPOSED HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 1989 PRINCIPAL . $114 . 10 ENGINEERING: Project Engineer . 85. 00 Senior Engineer . 79 . 85 Associate Engineer . 67.30 Junior Engineer 51.35 Public Works Inspector (includes vehicle) 68 . 10 Pavement Management 34 . 15 Resident Engineer (includes vehicle) 106.45 PLANNING: Director of Planning 82. 15 Senior Planner 76.45 Associate Planner 59 . 35 Junior Draftsman 46.80 DRAFTING/GRAPHICS: Senior Draftsman 59 . 35 Associate Draftsman 52 .45 Junior Draftsman 45. 60 Graphic Artist 39 . 95 CLERICAL 30.80 SURVEY: Survey Manager 82 . 15 Survey Supervisor 74 . 20 Office Surveyor 69 . 55 Associate Office Surveyor. 54 .75 Junior Office Surveyor. 38 . 80 .-Man Party 136.90 1-Man Party 74 . 20 Effective July 1, 1989 to June 30, 199^ N 9 1 � "T ni,Pi I