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HomeMy WebLinkAboutItem 4.19 AgrmntMarkThomas&Co C'ITY CLERK File # D~[QJ[(2]-[3]~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 16,1998 SUBJECT: Agreement with Mark Thomas & Co., Inc., for Consulting Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: Resolution and Proposed Agreement RECOMME:N"'DA nON: ¥AdOPt Resolution FINA..'NCIAL STATEMENT: Services provided under the terms of this agreement are not to exceed $120,000. The cost of plan review services is budgeted in the Engineering Operating Budget and is paid by developers. DESCRIPTION: Dublin Ranch, Phase I (Tract 6925) wilJ consist of eight new residential subdivisions totaling some 847 homes. With the approval of the Dublin Ranch Master Tract Map (Tract 6925), the Developer (Shea Homes) plans to submit and process eight new residential subdivisions simultaneously for Site Development Review, grading/site construction permit, street improvement plans, and Final Subdivision Maps. Because ofthe increased private development workload, Staffís proposing an agreement with the Consulting Engineering firm of Mark Thomas & Co., Inc., to ensure timely processing of the multiple subdivisions. The services provided under this agreement would be primarily private development pI an checking and review, the tot a] cost of which is proposed not to exceed $120,000 for the one-year tenn of the agreement. Staff has reviewed the qualifications of Mark Thomas & Co., Inc., and feels that this finn is capable of providing the services desired. On this basis, Staff recommends that the City Council adopt the resolution approving the agreement. ------------------------------------------------------------------- COPIES TO: Michael] Lohman ITEM NO. ~ f: \crlg:r\thoma..<;\agSlagr, / d /:L J RESOLUTION NO. - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~ ~ ~ ~ * * * * * APPROVING AGREEMENT WITH MARK THOMAS & COMPAA"Y, INe. FOR ENGINEERING SERVICES WHEREAS, the City's current construction document· plan review and permitting workload desires the services ofthe Consultant to assist in the plan review of plans and specifications; and WHEREAS, Mark Thomas and Company, Inc., has provided a proposal for services which is commensurate with the City's needs; NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin hereby approves the agreement with Mark Thomas Company, Inc. for consulting services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 16th day ofJune, 1998. AYES: NO.t...3: i\BSENT: iillSTiúN: Mayor ATTEST: City C1erk g:\crlgr\thoma..<;\resothms /} ..,/ ¡;- ~ ./). STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of June 16, 1998, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Mark Thomas & Co., Inc., ("Consultant"), who agree as follows: 1. 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 2. P AYlvffiNT. City shalJ 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. 3. 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 tenns and conditions set forth in Exhibit C. 4. 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 tenn or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTIN"G. 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. 7. CRANGES. City may ÍÌ'om 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 8. 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 AQreement pãge 1 of2 06/09/98 ~ c1' :/ .J I /¡ ¡r team v,'Íthout prior written approval by the City. The Project Manager for Consultant shall be Michael J. Lohman. 9. CO:r-..rrRA.CT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his or àesignee. 10. NOTICES. Any written notice to Consultant shall be sent to: Mark Thomas & Co., Inc. 1243 Alpine Road Suite 222 Walnut Creek CA 94596 Any written notice to City shall be sent to: LeeS. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk By "Consultant" Approved as to form: City Attorney Agre~ment Page: of2 06111/98 1 f If- EXHIBIT A SCOPE OF SERVICES Al\'D SCHEDULE Services to be provided are General Engineering, including, but not limited to, private development plan checking and review. Work shall be perfonned on an as-needed basis. For each project, Consultant shall tender a not-to-exceed fee for the project and shall not proceed with the work until the City approves the fee and gives notice to begin the work. In this regard, and to avoid a conflict of interest, Consultant agrees not to perform any work related to private development projects within the City of Dublin. Exhibit A Page 1 of 1 / .7 / / J 'ï ~ ./ EXHIBIT B PA YMENT SCHEDULE City shall pay Consultant according to the rate schedule dated effective April 1, 1998. During the term of this agreement, the amount paid shall not exceed the total sum of One Hundred Twenty Thousand Dollars ($120,OOO),for services to be þerfonned pursuant to this Agreement. Consultant shall submit invoices no more than once per month. The total sum stated above shall be the total which 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 ex"tra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such ex"tra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exc1usive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option ofthe City, become City's sole and exclusive property. Consultant hereby expressly waives any and alJ claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perfonn any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order Îrorn the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 06/09/98 M.L\RK TBOM.ð,.,S & co. L'\íc. / / / - --- ../ CR~GERð,.,TESCHEDULE EFFECTIVE APRIL 1~ 1998 HOURLY CR..\.RGE R.\TES PROFESSIONAL AJ'j"'D OFFICE PrincipallProject Manager Engineering/Structural Manager Engineer X Engineer IX Engineer vm Engineer VII Engineer VI Engineer V Engineer IV Engineer ill Engineer II Engineer I Senior Survey Technician ..L\ssociate Design Technician Engineer Technician II Engineer Technician I Engineering Draftsperson Technical Writer ClericaJlTypist II ClericaJlTypist I Messenger $ 140.00 per hour 130.00 per hour 114.00 per hour 108.00 per hour 96.00 per hour 85.00 per hour 74.00 per hour 66.00 per hour 60.00 per hour 54.00 per hour 50.00 per hour 47.00 per hour 60.00 per hour 78.00 per hour 47.00 per hour 37.00 per hour 65.00 per hour 62~00 per hour 48.00 per hour 38.00 per hour 22.00 per hour FIELD :2 Person Field Parry and Vehide 3 Person Field party and Vehicle $ 148.00 per hour 214.00 per hour SPECIAL SERVICES Expert Witness $ 150.00 per hour N.USCELL.~NEOUSCOSTS Reimbursables (printing and Materials, Mail and Delivery Expenses, Film Expenses, Filing Fees, Parking and Field Expenses) -Cost plus 5% Mileage -$0.26 per mile Outside ConsultaDt Fees -Cost plus 5% 1 ~/ l - /" -- 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 offurnishing 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 ,?harges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 06/09/98 r ../ Z / /c- ..J EXHIBIT D GEJ\TERAL PROVISIONS 1. INDEPENDENT CONTR.~CTOR. 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 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. 2. 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. 3. 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. 4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration ofthe contract insurance against claims for injuries to persons or damages to property which may arise rrom 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 :tv1inimum Scope oflnsurance. 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 F onn 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 as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits ofInsurance. Consultant shall maintain limits no less than: Exhibit D Page 1 of5 06/09.'98 9/ I . ..I J/ /~ (1) General Liability: $1,000,000 combined single limit per occurrence for bodi]y injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$l,OOO,OOO per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option ofthe City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment oflosses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The 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 perfonned 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 coverage provided to the City, its officers, officials, employees or volunteers. Exhibit D Page :2 of 5 06/09/98 / ;.3- /.!J../. r -) , (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. (2) 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 rrom work performed by the Consultant for the City. (3) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance ofthe services specified in this Agreement. (4) NI Coverages. Each insurance policy required by this clause shaH be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by cenified mail, return receipt requested, has been given to the City. E. Acceptability ofInsurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VITI. F. Verification ofCovera2:e. Consultant shalJ furnish City with certificates of insurance and with original endorsements effecting coverage required by 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 and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. H. The Risk Manager of City may approve a variation ofthose 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. 5. CONSULTANT NO AGEJ\T"f. Except as City may specify in writing, Consultant shalJ 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 obiigation whatsoever. Exhibit D Page 3 of 5 06/09/98 )/ :,/ ;/ ./ ,/; .Ie- 6. ASSIGNME1\TT 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 shaH be void and of no effect. 7. 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 tenn ofthis Agreement, desires the removal of any such persons, Consultant shalJ, immediately upon receiving notice rrom City of such desire of City, cause the removal of such person or persons. 8. ST ANDARD OF PERFORMANCE. Consultant shaH perform alJ 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 City pursuant to this Agreement shalJ be prepared in a substantial, first class and workmanlike manner and confonn to the standards of quality normally observed by a person practicing in Consultant's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shalJ take all responsibility for the work, shall bear alJ losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account ofthe negligent perfonnance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence ofthe Consultant or of his sub consultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents rrom and against any or all loss, liability, ex."Pense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising rrom the negligent performance of the work. This paragraph shalJ not be construed to exempt the City, its employees and officers rrom its own rraud, willful injury or violation oflaw whether willful or negligent. For purposes of Section 2782 of the Civil Code the parries hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consi d erati on. Approval of the insurance contracts does not relieve the Consultant or sub consultants rrom iiability unòer this paragraph. 10. GOVERNJv1ENli\.L REGULATIONS. To the e>..1:ent that this Agreement may be funded by fiscal assistance rrom another governmental entity, Consultant shall comply with all applicab1e rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMEÌ\lS. i\ll reports, data, maps, mode1s, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consu1tant 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 materia1s or properties ExÎlÌbit D Page 4 of 5 06/09/98 II'; -/ /J- I~ -.J produced in whole or in part unòer this Agreement shaH 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 shaH have unrestricted authority to publish, disclose (as may be limited by the provisions of the Califonúa 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. Exhibit D Page 5 of5 06/09/98