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Home My WebLink About4.02 S&T EngrSvcsAmendCITY CLERK File # 0❑(p��'�� AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 3, 2001 SUBJECT: Amendment to Agreement with Santina and Thompson for Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution and proposed amendment 2) Letter from Santina and Thompson 3) Current agreement and most recent amendments RECOMMENDATION: Adopt resolution extending term of agreement for two additional years. FINANCIAL STATEMENT: Santina and Thompson provides not -to -exceed proposals for work on specific projects. Services that are not project -specific, such as Public Works Inspection and survey monument checking, are performed according to the approved rate schedule or by negotiation. The cost of work for private development projects is paid by the developers; the cost of work on Capital Improvement Projects is budgeted with the specific project. The rate schedule currently in use was approved in 1995 and no rate increases have been requested since that time. Santina and Thompson is proposing rate adjustments that range from 1.1% to about 14.5%, depending on personnel classification. The net effect of the adjustment if applied to 2001-02 hours by classification would be an 8.3% increase. ` Spread over the past 6 years, the rate of increase averages out ter 1.38%, well below the yearly rise in the Consumer Price Index DESCRIPTION: The City has contracted with Santina and Thompson for Engineering Services since 1983. The current agreement was executed in 1992 and has been extended by amendment every two years since that time. The last rate increase was approved in 1995. Staff is proposing a two- year extension of the agreement, with a provision to allow a rate adjustment after the first year. Santina and Thompson is currently providing Public Works Inspection services to cover the workload generated by new development and Capital Improvement Projects, as well as subdivision monument ------------------------------------------------------------ — COPIES TO: Santina & Thompson ITEM NO. r � g:\engr\s&t\agst amend 01 �,/ checking and survey staking, when required for Capital Improvement Program projects. The cost of work for private development projects is paid by the developers; the cost of work on Capital Improvement Projects is budgeted with the specific project. The work provided to date by Santina & Thompson has been satisfactory, professional, and competitive, and Staff recommends that the City Council approve the amendment to the agreement. , R . , ~ ~ ~.~ ~. S '. • ~ RESOLUTION NO. - Ol A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~~*~**,~*~ APPROVING AMENDMENT TO AGREEMENT WITH SANTINA AND THOMPSON WHEREAS, the City Council of the City of Dublin approved an agreement for consulting engineering services with Santina and Thompson in 199.2, which was extended until June 30, 2001; and WHEREAS, the term of the agreement is proposed to be extended until June 30, 2003, allowing Santina and Thompson to request an adjustment of rates for the second year of the term; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (extension of term) with Santina and Thompson, which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. ; PASSED, APPROVED AND ADOPTED this 3rd day of July, 2001. AYES : NOES: ABSENT: ABSTAIN: ATTEST: City Clerk ~ ~ gI engrlS&71 resoamend0l Mayor ; -yo -~ -- ~~~/Q/ -- - ` -- ~, ~'' : ~ '~9~~. ~. r ~ . ~~~~1 _~~ ~ ~, B ~R, ~ ._.._~..~.__,..._ EXHIBIT "A" OF RESOLUTION -01 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND SANTINA AND THOMPSON FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as !'CITY") and Santina and Thompson (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on July 7, 1998, to provide engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 2001; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year period (terminating June 30, 2003); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to June 30, 2003. Adjustment of Rates The rate schedule attached hereto shall be effective for the 2001-2002 fiscal year. Consultant may · propose a further adjustment of rates for the second year of the agreement term. CITY OF DUBLIN ATTEST: Mayor City Clerk SANTINA AND THOMPSON Date: G:\Engr-contracfis&t\amendment01 .doc SANTINA & THOMPSON Consulting Engineers Schedule A PROPOSED HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 2001 PRINCIPAL ..........................................................................................................................................................$140.00 ENGINEERING: Project Engineer ...............................~ ........................................................................................................110.00 Senior Engineer ........................................................................................................................................100.00 Associate Engineer .......................... ............................................................................................................90.00 Assistant Engineer ..........................................................i ............................................................................80.00 Engineer I .....................................................................................................................................................65.00 Public Works Inspector (includes vehicle) .......................................................................................................................................97.50 Resident Engineer (includes vehicle) ..............: ............................................' ............................................................Z ..............135.00 CLERICAL ..............................................................................................................................................................40.00 SURVEY: Survey Manager ..........22 ............................................................................................................................105.00 Survey Supervisor ......., ....................................: ..............: ............................................,:..i ...........................95.00 · Project Surveyor .........................................................................................................................................90.00 Associate Office Surveyor ................................; .......................................................: .................................75.00 2-Man Party ..............................................................................................................................................175.00 1-Man Party .......... .........: ..................................... ................................................90.00 Effective July 1, 2001 to June 30,2002 1355 Willow Way, Suite 280 Concord, California 94520-5728 Telephone 925.827.3200 Fax 925,687.1011 I SANTINA & THOMPSON Consulting Engineers 8M March 6, 2001 Mr. Lee Thompson City of Dublin P~O. Box 2340 Dublin, CA 94568 Fax: (925) 833-6628 RE: Contract Renewal for Fiscal Year 2001-2002 Dear Mr. Thompson: In response to your letter dated March 1,2001, on behalf of the entire firm, I would like to thank you for the opportunity to work with yon and the rest of the City staff. Santina & Thompson, Inc. has been providing engineering services to the City for 18+ years and we are looking forward to continuing our valued working relationship. In regard to your request for .any proposed changes in our contract rate schedule and/or contract for fiscal year 2001/2002. We are satisfied with the current contract language and do not request any revisions for the upcoming fiscal year. Unfortunately after being able to maintain.the same charge rates to the City for over six years it is necessary for us to make slight adjustments to our rate schedule in order to keep up with the current escalating salary increases being driven by the engineering job market demands. Enclosed is a rate comparison sheet for the fiscal year 2000/2001 and proposed 2001/2002. Also enclosed is a copy of our revised rate schedule. We look forward to working with the City in the coming years and, as always, if there is anything we can do to improve our service to the City, please feel free to give me a call. Sincerely, SANTINA & THOMPSON, INC. Robert Broestl, PE Vice President - Municipal Engineering enclosures I355'-Witlow Way, Suite 280 Concord, California 94520-5728 Telephone 925.827.3200 Fax 925.687. t011 RATE COMPARISON FOR SANTINA & THOMPSON FOR 2000-2001 AND PROPOSED 2001-2002 TITLE PRINCIPAL PROJECT ENGINEER SENIOR ENGINEER ASSOCIATE ENGINEER ASSISTANT ENGINEER ENGINEER I PUBLIC WORKS INSPECTOR PUBLIC WORKS INSPECTOR (AT 75%) RESIDENT ENGINEER CLERICAL SURVEY MANAGER SURVEY SUPERVISOR PROJECT SURVEYOR ASSOCIATE OFFICE SURVEYOR 2-MAN SURVEY CREW 1 -MAN :SURVEY CREW CUMULATIVE EFFECT DATE 3/5/01 FILE G:MKTG/P01/026/RATECOM 20002001 PROPOSED 2001-2002 2000-2001 2000-2001 2001-2002 PROPOSED CHARGERATE HOURS* TOTAL CHARGERATE HOURS $. 138.00 0.0 $ $ 140.00 0.0 $ 107.00 38.0 $ 4,066.00 $ 110.00 38.0 $ 96.00 124.0 $ 11,904.00 $ 100.00 124.0 $ 80.50 0,0 $ - $ 90.00 0.0 $ 72.00 0.0 $ - $ 80.00 0.0 $ 60.00 0.0 $ - $ 65.00 0.0 $ 89.50 0.0 $ - $ 97.50 0.0 $ 67.13 2370.0 $ 159,098,10 $ 73.13 2370.0 $ 128.00 0.0 $ - $ 135.00 0.0 $ 36:00 0.0 $ - $ 40.00 0.0 $ 99.00 0.0 $ - $ 105.00 0.0 $ 89.00 0,0 $ - $ 95.00 0.0 $ 83.00 17.0 $ 1,411.00 $ 90.00 17.0 $ 65.50 18.0 $ 1,179.00 $ 75.00 18.0 $ 166.00 84.0 $ 13,944.00 $ - 175.00 84.0 $ 89.00 0.0 $ - $ 90.00 0.0 $ 191,602.10 ESTIMATED TOTAL $ $ 4,180.00 $ 12,400.00 $ $ $ $ $ 173,318.10 $ $ $ $ $ 1,530.00 $ 1,350.00 $ 14,700.00 $ $ 207,478.10 * HOURS FROM THE FIRST 7 MONTHS PROJECTED THROUGH 6/01 PERCENT INCREASE 2.9% 2.8% 4.2% 11.8% 11.1% 8.3% 8.9% 8.9% 5.5% 11.1% 6.1% 6.7% 8.4% 14.5% 5.4% 1.1% 8.3% Page I STANDARD CONSULTING ENGINEEKING SERVICES AGREEMENT THIS AGREEMENT is made.at Dublin, California, as of July 1, 1992, byand between the CITY OF DUBLIN, aMunicipal Corporation ("City"), and Santins and Thompson, Inc., ("Consultant"), who agree as follows: 1. TERM OF AGREEMENT. The term of the agreement shall be for one year, beginning On July 1, 1992, and ending on June 30, 1993. This agreement shall supersede all previous agreements that Consultant has or has had with City. City may terminate the services of Consultant by providing 30 days written notice. In the event of such termination, Consultant shall be compensated for.such services up to the point of termination. Compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If Consultant terminates its services to the City, it must provide written notice at least 90 days in advance of such termination. Notices shall be provided as indicated in Section 14 below. 2. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant'shall provide said services' at the time, place, and in the manner specified in Exhibit A. 3. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set/'forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit'B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish'all facilities and equipment which may be.required for furnishing services pursuant to this Agreement.. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the'other term or condition shall control insofar as it is inconsistent with the general provisions. 6. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 7. OWNERSHIP OF WORK. All documentS, data, studies, surveys, drawings, maps, and reports furnished to Consultant by City, as well as reports and supportive data prepared by Consultant under this Agreement shall be considered the property of the City of Dublin, and upon request at the Agreement with Santins and Thompson ~ July 1 1992 ~.~.~ ~=-~:~ ~ ~!~=~ ~ .... completion of .the services to be performed, they will be turned over to the City Of Dublin. 8. COLLECTION OF FEES. All fees to be collected from any private developer, engineer, or architect in connection with the carrying out of the functions set forth above, if collected by Consultant shall be collected in the name of the City. Consultant shall employ recordkeeping measures acceptable to the City with respect to collection of such fees. If fees are collected by the City, Consultant shall review the appropriate City ordinances and fee schedules in effect and shall provide tothe persons designated by City for collection of fees, the amount of such fees to be collected. 9. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no - portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. 10. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such.changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 11. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. -There shall be no change in the Project Manager or members of the project team without prior written approval by the City. 12. RESTRICTED SERVICE WITHIN CITY BOUNDARIES, Consultant shall provide no services for'any client other than the City within the corporate boundaries or sphere of influence of the City during' the term of the agreement. 13. CONTRACT ADMINISTRATION. This Agreement shall be administeredby. LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his designee. 14. NOTICES. Registered Mail to: Any written notice to Consultant shall be sent via Santina and Thompson, Inc. 1355 Willow Way Suite 280 Concord CA 94520-5728 Any written notice to City shall be sent to: Lee S. Thompson Director of'Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Agreement with Santina and Thompson July 1, 1992 Page 2. Executed as of the day first above stated: Approved as to form: City Attorney'' CITY OF DUBLIN, Agreement with Santina and Thompson Ju~y 1, 1992 Page.3 ~ EXHIBIT A SCOPE OF SEKVICES AND SCHEDULE Consultant agrees to provide those general engineering services that may be requested~by City during the term of this agreement in a prompt, professional, and workmanlike manner in accordance with the standards of the-engineering profeSSion. All work shall be completed to the satisfaction of the City Manager. The general engineering services to be performed pursuant to this agreement are as follows: A. Administrative Duties Attend meetings with City staff, public officials, community leaders, developers, contractors, and the general public, as required by City. At the direction of City, review and' comment on planning programs and land development projects which are not only located within the City, but also located outside the City and which may have a traffic impact on the City. When directed, supervise the accounting of State Highway User Funds from the standpoint of meeting State requirements for the expenditure of such funds. The City shall have final authority regarding accounting methods and procedures. Advise'the City Manager as to engineering and construction financing available from other governmental agencies and when so directed, prepare and initiate application'for such fundings. Recommend.ordinances and regulations pertaining to engineering matters when requested to do so. Assist the City to establish working relationships and to coordinate with other public agencies and private utilities involving engineering matters affecting the City. Provide special engineering reports regarding traffic, assessment district formation, annexation, etc., when so requested. B. Traffic Engineering Duties At the request of the City, give direction to and assist City staff in performing traffic studies as necessary and/or required.. At the request of the City, recommend solutions to street design problems. Exhibit A Page'l of 3 At the request of the City,'provide traffic engineering consultation in connection with traffic circulation, street signS, noise impact, etc. Development Review Duties Review proposed developments and make recommendations pertaining to engineering considerations. This includes, but is not limited to, the following: Examine each tract map of each subdivision within the City, with respect to its conformity with the tentative map o.r · maps, any approved alterations, and applicable City records and ordinances. b. Examine each parcel map of each division of ].and within the City with respect to its conformity with the tentative map or maps, any approved alterations, and applicable City records and ordinances. c. Provide detailed plan checking of tract and parcel maps. Check improvement plans for facilities under the jurisdiction of the City that are prepared by private developers. Establish performance and labor and material bond amounts when required, and require the posting of such.securities and other development fees within the proper time sequence of such development review. Provide field inspection during the construction of such improvements by private developers and at the proper time recommend notices of completion and acceptance of work. Provide such necessary and related functions that are the normal practice of the City inthe City engineering review·of private developments. 6. Review engineering aspects of planning applications. Capital Projects Upon specific and separate authorization by the City, prepare plans and specifications for capital improvement projects. The City reserves the right to bid any project or bring in specialists when deemed necessary by the City or the Consultant. A Capital Improvement is defined as any project in which the construction is performed by someone other than the City forces or the City's designated street maintenance contractor. Provide plan checking of and construction observation during the course of construction of projects performed by City forces. Exhibit A Page' 2 of 3 E. Planning Provide planning services to the City when requested. Surveying Provide field and office surveying services to the City when requested. Exhibit A Page'3of 3 EXHIBIT B PAYMENT SCHEDULE Consultant shall be Compensated for work as follows: A. .The following work shall be charged at 75 percent of the rates shown in Exhibit B-1. "General Engineering Work" which. is performed in or from the Dublin City Office by Consultant's employees that are assigned to the City on a long-term basis. "Long term basis" employees are defined as employees assigned at a minimum of two (2) eight-hour days per week for a minimum of a 60-day period. "General Engineering Work" is defined as work not chargeable to private developments and shall include state and federally funded GIP work. The City shall not pay Consultant for time spent commuting from the Consultant's office to the City's office for long-term-basis employees. Examples of work mee~ing the above requirements and proposed to be performed at 75 percent of the rates shown in Exhibit B-1 are as follows: a) b) c) d) Attendance at Commission and City Council meetings. General Engineering Work performed from City offices. Capital Improvement Work performed from City offices. Services performed from City offices which are related to the review, issuance, and inspection of permits which are based on an established fee and the applicant is not charged the actual cost. B, The following work shall be charged at the rates shown in Exhibit B-l: Capital improvement design work performed from Consultant's office and billed on a time and material basis. Prior to proceeding with the work, a maximum estimated budget shall be agreed to and shall not be exceeded without approval of the City Manager. 2. General Engineering Work performed from the Consultant's offices. Plan checking and other activities which are paid for by a private developer and are based on an established fee. This work may be done at the City's offices or from the Consultant's offices. Exhibit B Page '1 of 1 PROPOSED HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 1992 ANTINA - THOMPSON,,Nc.' Municipal Engineering Surveying Railroad Engineering Planning PRINCIPAL ......................... . .. ............................... $125.50 ENGINEERING: Project Engineer ............................... ................... 98.00 Senior Engineer ............................. ..................... 88.00 Associate Engineer ..................................... ' ............ 74.00 Engineer I ....................................................... 56.50 Public Works .Inspector (includes vehicle) ................ · ................................. 82.00 Pavement Management ............................................. 37.50 Resident Engineer (includes vehicle) .................. ' .............................. 117.00 PLANNING: Director of Plannlng ................................................ 90.00 Senior Planner .................................................... 84.00 Associate Planner ................................................. 65.00 Planner I ........................................................ 51.50 DRAFTING/GRAPHICS: Senior Drafter ..... : .............................................. 65,00 Associate Drafter .................................................. 57.50 Junior Drafter I ....................................... : ........... 50.00 Graphic Artist ...................................... ...... ' ........ 44.00 CLERICAL ............................................... ~ ........... 33.00 SURVEY.' Survey Manager .................................................. 90.50 Survey Supervisor ................................................ -. 81.50 Project Surveyor ............... · ................................... 76.50. Associate Office Surveyor' . .......................................... 60.00 Office Surveyor I .................................................. 42.50 2-Man Party .................................................... 152.00 1-Man Party ..................................................... 81.50 Effective July 1, 1991 to June 30, 1992 1355 Willow Way Suitre 280 510-827-3200 Concord, California 94520-5728 Fax 510-687- I(11 1 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City~ The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion.of City. In no event shall City be obligated to-furnish any facility which may involve incurring any direct expense,. including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 EXHIBIT D. GENERAL PROVISIONS INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor an~ shall not be an employee of City. City shall have'the right to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City Shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required.for Consultant to practice his profession. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract.insurance against claims for injuries to persons or damages to propert~ which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance a.s required by the Labor Code of the State of California and Employers Liability Insurance. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a Exhibit D Page 1 of-4 July t,'1992 (2) (3) .general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall' be twi6e the required occurrence' limit.- Automobile Liability: $500,000'combined single limit per accident for bodily injury and $100,000 for property damage. Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $500,.000 per accident. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Other Insurance Provisions. ~he policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and Completed operations of the Consultant, premises owned, occupied or Used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant.. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverdge provided to the City, its officers, officials, employees or volunteers. (2) (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. Exhibit D Page 2. of 4 July 1,.1992 (3) Professional Liability. Consultant shall carry, and provide City with evidence Of, professional liability insurance in the amount of $1,000,000 to protect against negligent acts, errors or omissions on the part of the Consultant in the course ofperformance of the servides specified in this Agreement. City agrees to immediately notify Consultant, inwriting, of any claim against City which may result in City seeking indemnity against Consultant pursuant to this clause. (4) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, except after thirty (30) days prior written notice by mail has been given to the City, Consultant shall provide City with 30 days' prior written notice of any reductions in the dollar limits of the policy. Acceptability of Insurers· Insurance is to be placed with insurers with a Bests' rating of no less than A:VI. Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage requiredby this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received.andapproved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant.shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall. haveno authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to'this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal Exhibit D Page 3. of 4 July 1, .1992 10. 11. 12. of any such persons, Consultant shall, immediately upon receiving notice from City of such desireof City, cause the removal ofsuch person or persons. STANDARD OF PERFORMANCE.- Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to Eity pursuant to this Agreementsshall conform to the standards of quality normally observed by.a person practicing in Consultant's profession. ~OLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, liability, costs, and expenses of lwahtever nature, including court costs and counsel fees arising out of injury to or death of any person or persons or loss of or physical damage to any property resulting in any manner from the willful acts or negligence of Consultant, its subcontractors, agents, employees, licensees, or guests in the making or performance of this Agreement. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under thi's paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from' another governmentalentity, COnsultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. DOCUMENTS. All reports, data,. maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion Of the Work to be performed hereunder or upon termination of the Agreement. No such materials orproperties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted 'authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided pursuant to this agreement, Contractor shall-Comply with all applicable State and Federal Laws and regulations, including, but not limited to, laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. a: (contracts) \ enEr\agremen r Exhibit D Page 4 of 4 July 1, '1992 nxnmrr "A" artsoluTioN tl Z · AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND SANTINA AND THOMPSON FOR ENGINEERING SERVICES WItEREAS, the City of Dublin (hereinafter referred to as "CITY") and Santina & Thompson, Inc. (hereinaf~er referred to as "CONSULTANT"), entered into a one-year agreement on July I, 1992, to provide engineering services to CITY; and WHEREAS, the term of the agreement has been extended by amendment to June 30, 1999; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year period (terminating June 30, 2001); and year; WHEREAS, ConsUltant has not proposed an adjustment of rates for the 1999-2000 fiscal NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shah be extended to coincide with the end of the 2000-2001 Fiscal Year; i.e., until June.30, 2001. Adjustment of Rates The rate schedule dated and approved in 1995 shah be effective for the 1999-2000 fiscal year. Consultant may propose an adjustment of rates for the second year of the agreement term. CITY OF DUBLIN SANTINA AND THOMPSON, INC. Date: ./ EXHIBIT 'iA" OF RESOLUTION 0'9 ...-97 "AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND SANTINA AND THOMPSON, INC. FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Santina and Thompson~ Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on June 9, 1992, to provide engineering services to CITY: and WHEREAS, an Amendment was approved on June 27, 1995, to extend the term of said Agreement until june 30, 1997; and WHEREAS, an additional two-year exiension is recommended with no increase in charge rates; NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the a~eement shall be extended for an additional two-year period terminating June 30, 1999. CITY OF DUBLIN ATTEST: g: icontractS& t ~ctmndment k.~Viayor EXHiBIT "A,' OF RESOLUTION AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND SANTINA AND THOMPSON, INC. FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinaecer referred to as "CITY") and Santina and Thompson, Inc. (hereinaf~er referred to as "CONSULTANT"), entered into an agreement on June 9, 1992, to provide engineering services to CITY: and WHEREAS, an Amendment was approved on June 1, 1993, to extend the term of said Agreement until June 30, 1995; and _, WHEREAS, an additional two-year extension is recommended; and WHEREAS, Consultant has requested an adjustment of charge rates for Fiscal Year 1995-96; NOW, THEREFORE, the parties hereto agree as follows: Adjustment of Charge Rates Charge rates for Fiscal Year 1995-96 shall be as shown on the Rate Sheet attached hereto as Amendment Exhibit "1 ." Extension of Term The term of the agreement shall be extended for an additional two-year period terminating June 30, 1997. CITY OF DUBLIN ATTEST: · it ~erk SANTINA AND THOMPSON, INC. g: ~eontractis&tlamndment ~K~~r~o~~ President Date: ~ SANTINA THOMPSON. c. Municipal Engineering Surv~,ing Railroad Engineering Planning PROPOSED HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 1995 PRINCIPAL .......................................................... $136.00 ENGINEERING: Project Engineer .............. ., ................ . .................. 107.00 Senior Engineer .... ; .............................................. 96.00 Associate Engineer ................................................. 80.50 Engineer I ....................................................... 60.00 Public ~7orks Inspector (includes vehicle) ................................................. 89.50 Pavement Management ............................................. 41.00 Resident Engineer (includes vehicle) ................................................. 128.00 PLANNING: Director of Planning .............................. ' .................. 98.00 Senior Planner .................................................... 91.50 Associate Planner ................................................. 70.50 Planner I ................. . ................................ ' ....... 56.00 DRAFTING/GEtPHICS: Senior Drafter ......... ........ i ........................ ..... ~ .... 70.50 Associate Drafter .................................................. 62.50 Junior Draf~r I ................................................... 54.50 Graphic Artist .................................................... 48.00 CLERICAL ' ' ........................................................... 36.00 SURVEY: Survey Manager .................... ' .............................. 99.00 Survey Supervisor ................................................. ' 89.00 Project Surveyor .................................................. 83.00 Associate Offlee Surveyor .................... ~ . .' .. ................... 65.50 Office Surveyor I .................................................. 46.50 2-Man Party .......................... · .......................... 166.00 1-Man Party ............................ ~^ ^^ Effective July 1, 1995 to June 30, 1996 1355 Willow VvaV, Suite 280 Concord,_ 'EXHIBIT "A" OF RESOLUTION 55-94 · AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND SANTINA AND THOMPSON, INC. FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Santina and Thompson, Inc.. (hereinafter referred to as "CONSULTANT"), entered into an agreement on June 9, 1992, to provide engineering services to CITY: and WHEREAS, an Amendment was approved on June 1, 1993, to extend the term of said Agreement until June 30, 1995; and WttF~REAS, Consultant has requested an adjustment of charge rates for Fiscal Year 1994-95; NOW, TltF. REFORE, the parties hereto agree as follows: Adjustment of Charge Rates Charge rates for Fiscal Year 1994-95 shall be as shown on the Rate Sheet attached hereto as Amendment Exhibit "1." CITY OF DUBLIN MayrT~~ord'~'~-~ a:(contracts) le. ngrlamndmenz SANTINA AND THOlvLPSON, INC. ~orson President EXHIBIT. 1 PROPOSED HOURLY CHARGE RATES THOMPSON, i ,a. Munidpal Engineering Surveying Railroad Engineering Planning FOR THE CITY OF DUBI,rN July 1, 1994 . PRINCIPAL ......................................................... :. $131.50 ENGINEERING: -' Projec~ Engineer ................. ' .........' .......- .................. 108.00 Senior Engineer ........................................... ; ........92.50 Associate Englfneer .................................................... 77.50 Engineer I ......................................................... 59.00 Public Works InSpector (Lndudes vehicle) ................................................... 86.00 Pavement !~n~Sement .................. ' ............................. 39.50 Resident Engineer (~ndudes vehicle) ................. '., .' ....~...' ................ : ....... I23.00 P~G: Director of Planning ................................................. 94.50 Senior Planner.: .............................................. , ...... 88.00 P]--her I ......................... ' ................................. ~.00 DRAFTING/GRAPHICS: 'SeniorDrailer ................... ................................... 68.00 Assodate Drafter ....................... · ............................. 60,00 Junior I)mf~r I ......................................... : ........... 52.50 Graphic Artist ...................................................... 46.00 CLER,ICAL ............... : ................... : ..... ~ ................... 34.50 Survey 1V~sger ..................................... ':: .' ............95.00 Survey Supervisor ................................................... 85.50 Project Surveyor .................................................. '.. 80.00 Asscciate..Office Surveyor .... . .....~ ............ ; ................... : .. 63.00 Office Surveyor I ................................................... 44.50 2-Man Party ..... : ................................................ 159.50 1-Man Parby ....................................................... 85.50 Effective July 1, 1994 to Jung 30, 1995 13,55 Willow Way, Suite 280 Concord, California 94520-5728 510427-3200 Fax 510-687-t0tl EXHIBIT "A" AiVIENDMENT TO tGREEMENT BETWEEN CITY OF DUBLIN AND SANTINA AND TfIOMPSON, INC. FOR ENGINEERING SERVICES · WItEREAS, the City of Dublin. Onereinafter referred to as "CITY") and Santina and Thompson, Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on June 9, 1992, to provide engineering services to CITY: and WHEREAS, CITY wishes to continue contracting for services from CONSULTANT; and WHF. REAS, CITY and CONSULTANT agree that the agreement shall be extended for an additional two-year period; WHEREAS, an adjustment of fees for services rendered is not necessary for the ensuing one-year period (July 1, 1993 to June 30, 1994); NOW, TtIEREFORE, the parties hereto agree as follows: Extension of Agreement The agreement dated June 9, 1992, shall be extended for a two-year period, beginning July 1, 1993 and terminating June 30, 1995. CONSULTANT may propose an increase in fees and charges on an annual basis for the City' s review. CITY OF DUBLrN ATTEST: a:(contracts) lengrlanmdrnent SANTINA AND THOMPSON, INC. Keith R. Halvorson .President Date: ~