HomeMy WebLinkAboutReso 200-04 Approving Agreement with Precision Planning Utility Consultants for Consulting Services for the Design and Coordination of the Dougherty Road Underground Utility District 2003-01
RESOLUTION NO. 200 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEM~NT WITH PRECISION PLANNING UTILITY CONSULTANTS
FOR CONSULTING SERVICES FOR THE DESIGN AND COORDINATION OF THE
DOUGHERTY ROAD UNDERGROUND UTILITY DISTRICT 2003-01
WHEREAS, the need for future roadway improvements along Dougherty Road was identified
in the City's Five-Year Capital Improvement Program to accommodate development in Eastern and
downtown Dublin, as well as the developing Dougherty Valley; and
WHEREAS, Dougherty Road, from 1-580 to Houston Place, must be widened and improved to
accommodate the anticipated traffic increase from said development; and
WHEREAS, it is advantageous to underground the overhead utilities in conjunction with this
roadway widening project; and
WHEREAS, the City of Dublin is taking on the responsibility for the design and construction of
the underground conduits and structures to be reimbursed through Public Utilities Commission Rule 20A
monies; and
WHEREAS, the City of Dublin has established a utility underground district within the limits of
the roadway widening project; and
WHEREAS, the City desires to utilize the services of Precision Planning Utility Consultants to
prepare plans and specifications for said project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement, attached hereto as Exhibit" A", with Precision Planning Utility
Consultants for consulting services.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 5th day of October, 2004.
AYES: Councilmembers McCormick, Sbranti and Zika, and Mayor Lockhart.
NOES: None
ABSENT: Councilmember Sbranti
ABSTAIN: None
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G:\CC-MTG~\2004.qtr4\Oct\1 0-05-04\reso-precison pIng agmt.doc
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PRECISION PLANNING UTILITY CONSULTANTS
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Precision Planning Utility Consultants ("Consultant") as of October 5, 2004.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 T arm of Services. The term of this Agreement shall begin on the date first noted above
and shall end on December 30, 2005, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 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 its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assi~nment of 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 reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $44,500,
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. The City reserves the right to add the
scope of work for the design of underground utilities on Scarlett Drive on a time-and~materials cost basis
not to exceed $16,000. In the event of a conflict between this Agreement and Consultant's proposal,
attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 1 of 13
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person. .
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more otten than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; i.e., Progress Bill No.1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
· The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder;
· The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 2 of 13
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed Twelve Thousand Dollars and No Cents ($12,000), which is included in the
contract total of $44,500. Expenses not listed below are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under
this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
,
2.10 Rate Adjustments. Consultant will be entitled to an annual rate adjustment upon each
annual anniversary of this Agreement, the amount of said increase to be approved by the
City. The base for computing the adjustment shall be the hourly wage charges listed in the
attached proposal (Exhibit "A"). Each level of employee rate may be changed to the
Consultant's published rates, but in no case may an hourly rate increase more than 5%.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance. against claims
for injuries to persons or damages to property that may arise from or in connection with the performance
of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 3 of 13
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's proposal. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self~insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non~
owned automobiles.
4.2:2 Minimum scope of coveraae. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 4 of13 -
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional reauirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSU L T ANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 5 of 13
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims~made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least three years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Reauirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coveraae. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. 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 City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5,2004
Page 6 of 13
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms
of such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self·lnsured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or selføinsured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or selføinsured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Covera~e. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage
to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in
whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 7 of 13
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or
its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant aCknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility
of City.
Section 6. STATUS OF CONSULTANT.
6.1 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 services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No A~ent. 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.
Section 7. LEGAL REQUIREMENTS.
7.1Governin~ Law. The laws of the State of California shall govern this Agreement.
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5,2004
Page 8 of 13
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Re~ulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Eaual Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8.
TERMINATION AND MODIFICATION.
8.1
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon THIRTY (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 9 of 13
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assi~nment and Subcontractin~. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 10 of 13
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 11 of 13
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assi~ns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate ~in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Melissa Morton,
Director of Public Works ("Contract Administrator"). All correspondence shall be directed
to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to: Fred Yarra, Project Manager
Precision Planning Utility Consultants
4000 Executive Parkway, Suite 150
San Ramon, CA 94583
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 12 of 13
Any written notice to City shall be sent to:
Melissa Morton
Director of Public Works
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the reporUdesign preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with reporUdesign responsibility," as in the
following example.
Seal and Signature of Registered Professional with
reporUdesign responsibility.
10.12 Inte~ration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CI,TY OF DUBLIN /,
, /../:/ .... /
( c~~ /I"øf:-:~/¿<,:,;lf !
/,?ãnet Lockhart, Mayor' J\\l\\dt
LI At~t: ~
~)vv~ '- , J
~ Kay Keck, City Clerk '
Approved as to Form:
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C ,\) £;;...i !~''-'¿!L ~ / ,,/ )/
, , I .I i_______
~ECISION PL(lN,I¡NG ~TIL!~ CONSULTANTS
"~ 'r "I; J ) J ¡ ï"
,,\ \. 1- \ /",:., .'. ,I, /,._..'
Gino Cêrruti, Principal
Elizabeth Silver, City Attorney
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants
October 5, 2004
Page 130f13
EXHIBIT A
SCOPE OF SERVICES
Consultant to provide General Consulting Services as outlined in the attached written proposal
dated September 16, 2004 ( Exhibit "A").
G:IEngr.contractlconsulting agreement W-O attorney comments.doc
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants-~Exhibit A
October 5,2004
Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
The fees for services shall be billed on a time-and-material basis not to exceed $44,500 without
City approval as outlined in the attached written proposal dated September 16,2004 (Exhibif "A").
G:IEngr-contractlPrecision Planninglagreement 100504.doc
Consulting Services Agreement between
City of Dublin and Precision Planning Utility Consultants--Exhibit B
October 5,2004
Page 1 of 1
PREC~N PLANNING
I ~ I~ UTILITY CONSULTANTS
September 16, 2004
Lee Thompson
CITY OF DUBLW
100 Civic Plaza
P.O. Box 2340
Dublin, CA 94568
Re: Dublin Blvd./Dougherty Road Rule 20A Project .
(1600± L.F.)
Dublin, CA
Dear Lee:
Precision Planning is pleased to submit our proposal for the joint trench services to be
performed for the above mentioned project in an amount not to exceed $32,500.00 and
ancillary service in an amount not to exceed $12,000.00
BACKGROUND AS PROVIDED BY PROJECT ENGINEER:
The City of Dublin plans to improve and widen the intersection of Dublin Blvd. and
Dougherty Road. There is approximately 800 feet of overhead pole line on Dublin Blvd. and
800 feet of overhead pole line on Dougherty Road (from Dublin Blvd. to Sierra Lane) that will
require undergrounding. It is my understanding that there are no overhead services that will
require undergrounding.
Coordination for a j oint trench will be required to acconunodate the undergrounding of
the existing overhead facilities in the area previously stated. The joint trench will only be for
P.G. & E. electric, SBC, and Comcast Cable as required.
Traffic signal systems and irrigation systems will be designed by others. It will be our
responsibility to coordinate a P. G. & E. service point for these systems if required.
Additional coordination with Sprint will be included as far as involving them with
information on the undergrounding project and submittal of both the Civil hnprovements Plans
and Joint Trench Composite Plans. However, any necessary relocation of their facilities will be
excluded from the Joint Trench Composite design.
Any design and relocation of existing underground facilities shall be the responsibility
of others, unless otherwise directed by the client. Any additional services directed by the client
to accommodate the design and relocation of existing underground facilities shall be at the rate
outlined in Task 8 Ancillary Service. The Client reserves the right to request an additional
scope of work for these services.
Excluded will be any undergrounding of overhead facilities on Scarlett Court or on
Dougherty Road beyond Sierra Lane. Also excluded is any work required on private property
or any work requiring street lighting facilities.
Based on the foregoing, site visits, meetings and telephone conversations with the.
project engineer, as well as our knowledge and experience with the utility companies, we
propose the scope of services presented below.
4000 Executive Parkway, Suite 150, San Ramon, California 94583 · Phone: (925) 327-1050 · Fax: (925) 327-0872
DETAILED SCOPE OF SERVICES
The Scope of Services is categorized into seven tasks as follows:
1. Task 1 - Project Management
2. Task 2 - Preliminary Engineering
3. Task 3 - Preliminary Design (35% Submittal)
4. Task 4 - Detailed Design (65% Submittal)
5. Task 5 - Finalize Composite (100% Submittal)
6. Task 6 - Final Bid Documents
7. Task 7 - Construction Services
GENERAL INFORMATION:
Client will provide the following when requested:
(a) Preliminary improvemept plans;
(b) Preliminary soils report (if available).
( c) Base sheets in same scale as improvement plans;
(d) Improvement plans;
(e) Grading plans;
(f) Final soils report (if available);
(g) Improvement Plans on an electronic media in a fonnat acceptable to
consultant.
Task 1. PROJECT MANAGEMENT:
This task includes coordination with the project team and attendance at the meeting
prior to the actual engineering of the joint trench composite (pre-engineering meeting). Also
included is on-going coordination with representatives of each participating utility as needed.
Meetings:
A. Attend meetings as required for coordinating work efforts and reporting progress.
1) One Project Team Meeting
2) One Pre-engineering Meeting
3) One Field Review Meeting
4) One Pre-construction Meeting
B. Any Additional Meetings requested by client will be based on our hourly rates as
outlined in Task 8 Ancillary Service:
Task 2. PRELIMINARY ENGINEERING:
A. PLAN SUBMITTAL:
For plim submittal to Utility Companies, Client will provide the fönáwirig:
I'
(a) Completed P. G. & E. Service Planning Sheet for all city required service
points of connection (traffic signal, irrigation controllers, landscape lighting,
etc.)
(b) Six complete sets of Improvement Plans. The Improvement Plans shall
include the following: grading plans; storm drains and catch basins; sewer
mains and laterals; water mains and laterals; fire hydrant locations; driveway
locations;
(c) One copy of Final Soils Report; (if available)
(d) Any other required plans necessary to provide utility service to
(i.e., signal controllers, irrigation control panels, etc.)
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pr0809.doc
B. PRELIMINARY INVESTIGATION:
-,
Establish location and availability of existing utility facilities by:
(a) Field review of the job-site;
(b) Contacting the various utility companies' engineering departments.
Task 3. PRELIMINARY DESIGN (35% SUBMITTAL):
Preliminary Design (35%) plans are defined as plans that do not include details,
quantities, and specifications, at an approximately 35% completed level.
Establish preliminary joint trench route by meeting with the following:
(a) P.G.&E.'s Electric Department;
(b) SBC
(d) C.A.T.V.
Provide rough estimate of joint trench cost on per lineal foot basis.
Provi<ie single line drawing to civil engineer, depicting joint trench location, for review
and comments.
Task 4. DETAILED DESIGN (65% SUBMITTAL):
This submittal will provide complete information for a detailed review ofthe design.
The submittal will include a complete set of plans (unchecked), details (unchecked), and
approximate quantities.
A. COMPOSITE DRAWING:
Joint trench composite plan will be prepared in English measurement on 24" x 36" at a
scale of I "=20' or to a size and scale mutually agreed upon.
The composite drawing will include the following;
(a) Trench sections to allow for the installation of electric, telephone, and
CATV; -
(b) Excavation locations to allow for the installation of electric, telephone and
cable T.V. splice boxes, vaults, manholes, pads and pedestals;
(c) Consultant to send plans to civil engineer for review and comment. This
procedure will be followed until all infrastructure conflicts are resolved.
This does not include revisions to the plan and profile drawings of the
improvement plans.
(d) Preliminary specifications may be available at this time if infonnation is
provided by the participating utility companies.
Task 5. FINALIZE COMPOSITE PLAN
000% SUBMITTAL):
A. Comments received on the 65% submittal will be incorporated in that design.
B. Submit complete plans (mylar sheets), specifications, and estimate to City for
review and comment.
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Task 6,' FINAL BID DOCUMENTS:
A. Incorporate comments received from the reviewing agencies on the 100% submittal,
and as directed by the City, incorporate into the Final Bid Documents.
B. TRENCH COST ESTIMATE:
Consultant will prepare a trench cost estimate by the industrial standard mown as the
Form liB" for determining amounts trench participants owe client.
C. BID PACKAGE AND SPECŒICATIONS:
From composite drawing, street lighting and conduit plans, Consultant will prepare unit
price bid sheets that include the following: .
(a) Lineal footage of all trenches, listed by various sizes;
(b) Splice boxes excavations-, listed by quantity and size;u
(c) Lineal footage of all conduits to be supplied and installed by the Client;
(e) All splice boxes, vaults and manholes to be supplied and installed by Client;
(f) Electric drawings as provided by P .G.&E. and Pacific Bell construction
plans if available;
Task 7.' CONSTRUCTION SERVICES:
A. PRECONSTRUCTION MEETING:
Prior to start of joint trench construction, Consultant will set up and attend a
pre-construction meeting with the utility companies, Client, trenching agent and survey crew.
Consultant will take notes of dates and comments on a check-off list and provide a copy to
Client and those requesting.
Task 8. ANCILLARY SERVICE: (Not to Exceed $12,000.00)
8.1 Coordinate with various companies as directed by the City of Dublin to provide
additional services beyond the scope of work of this proposal.
8.2 Attend City's monthly Utility Coordination Meetings & any other requests made by
client and / or their consultants beyond said scope of work.
8.3 Reproduction and blueprinting will be billed at cost plus 15%.
Consultant is available on an hourly basis. Hourly rates are as follows:
Principal
Senior Consultant
Project Manager
Project Assistant
Contract Analyst
Senior CADD Technician
CADD Technician
Administration
$190.00
175.00
160.00
120.00
105.00
80.00
65.00
50.00
Note: All services and attendance of all meetings necessary to resolve any conflicts
will be billed accordingly based on an hourly rate.
The above rates are applicable for 1 year after executed contracts and is limited to 5%
increases for each additional year.
9/16/2004
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EXCLUSIONS:
The services to be provided under the terms of this Agreement are explicitly those
detailed in the Scope of Work. All items of work not expressly described in the Scope of Work
shall be deemed "extra work" and Consultant shall be compensated at the Task 8. Ancillary
Service rates stated above.
Work specifically excluded nom this Agreement (unless deleted below and added to
Scope of Work), include the following items:
(a) Retaining wall design around splice boxes;
(b) Traffic signals, traffic lighting design or construction drawings;
( c) Revisions to plans based on change in product type and/or changes to
civil engineer plan and profile improvement plans;
(d) Property acquisition (rights of ways, encroachment permits, easements, etc.);
(e) Temporary service for construction trailer;
(f) Relocation of onsite or off site utility transmission facilities;
(g) Any work to offsite facilities, other than those listed in the Scope of Work;
(h) Field supervision, construction forces, or installations;
(i) Measurement or Certification for payment by Contractor or others;
(j) Measurement or Certification for "Record" drawings;
(k) Field survey, staking or layout;
(I) Any site review not stated in the Scope of Work.
(m) Detailed utility budget;
(n) Landscape lighting design;
(0) Underground conversions to existing overhead services;
(P) Blueprinting and reproduction costs;
(q) Review of utility contracts;
(r) Any work associated with the relocation of existing underground facilities;
(s) Coordination and/or investigation of alternate joint trench feeds for the project;
(t) Review of product submittals;
(u) Any work beyond 50 feet of project boundary;
(v) Undergrounding offacilities on private property;
(w) Any work required on private property;
(x) Design ofP.G. & E. gas and electric facilities, SBC facilities, CATV and
Sprint facilities (Utilities to provide their design);
(y) Any work associated with City facilities (i.e. traffic signal interconnect,
fiber optic, street lightjng, etc.);
(z) Record or "as built" drawings.
FIELD CONSTRUCTION:
Placement of new facilities on the Joint Trench Composite Plan will be based on record
infonnation obtained nom the project engineer and/or the participating utility companies. Any
conflicts caused by actual field conditions different than the record drawings, will not be the
responsibility of Precision Planning. Any work required by Precision Planning to resolve
possible conflicts shall be deemed "extra work" and consultant shall be compensated at the
ancillary service rates indicated on Task 8.
9/16/2004
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15. INSURANCE:
Precision Planning maintains a two million dollar general liability policy and a one
million dollar professional liability (errors and omissions) policy.
If you have any questions or need further infonnation, please do not hesitate to contact me.
Very truly yours,
PRECISION PLANNING
JÞj (f--' r
FRED YARRA, JR.
*
This proposal is based on our office meeting on 7/21/04, the Preliminary Site Plan by
BKF (dated 7/15/04) and the attached Aerial Site Plan.
This proposal is valid for a period of 90 days from the above date.
**
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Dublin Blvd./Dougherty Road Rule 20A Project
(1600± L.F.)
Dublin, CA
BILLING SCHEDULE
"JOINT TRENCH COMPOSITE PLAN"
I. APPLICATION, PLAN SUBMITTAL, AND 15% $ 4,875.00
PRELIMINARY INVESTIGATION
II. PRELIMINARY DESIGN 10% $ 3,250.00
m. BASE DRAWING AND TRENCH ROUTE (INTENTS) 30% $ 9,750.00
IV. COMPOSITE PLAN 25% $ 8,125.00
V. PLAN SUBMITTAL AND TRENCH COST ESTIMATE 18% $ 5,850.00
VI. BID DOCUMENTS AND PRECONSTRUCTION 2% $ 650.00
MEETING
SUB TOTAL
$
*32,500.00
VII. ANCILLARY SERVICE (HOURLY BASIS NOT TO
EXCEED $12,000.00)
$
12,000.00
TOTAL
$
*44,500.00
vm ALTERNATE BID ITEM:
SCARLETT COURT UNDERGROUNDINGOF SBC AND
COMCAST FACILITIES (600 LF ±)
$
16,000.00
* ALL WORK WILL BE INVOICED ON A TIME AND
MATERIAL BASIS NOT TO EXCEED THIS AMOUNT
9/16/2004
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TENTATIVE PROJECT SCHEDULE AND JOINT TRENCH TIMETABLES:
Submit Application and Improvement Plans to Utilities,
Propose Preliminary Trench Route
1 Week
Submit Preliminary Intent (Trench Route) to Utilities
2-3 Weeks
Prepare Composite (preliminary)
1-2 Weeks
Submit to Civil and City for Review
1-2 Weeks
Receive Preliminary Jobs from Utilities
6-8 Weeks
Finalize Composite, Prepare Form "B" and Bid Package
3-4 Weeks
Preconstruction Meeting
1-2 Weeks
------------
Work Begins,
14-22 Weeks
Joint Trench Construction
8-12 Weeks
* SUBJECT TO UTITJTIES BACKLOG
9/16/2004
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