HomeMy WebLinkAboutItem 8.5 Water Intrusion~
~'. CITY CLERK
File # ^~~~-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 16, 2004
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SUBJECT: Agreement with the Zahn Group for Water Intrusion Investigation
and Management of Environmental Remediation Project
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1) Budget Change Form in the amount of $60,000
2) Resolution, Including Agreement as Exhibit A
RECOMMENDATION: 1) Approve Budget Change in the amount of $60,000
pl%-~'/~ 2~ Adopt resolution approving agreement with the Zahn Group,
Incorporated, for Water Intrusion Investigation and
Management of Environmental Remediation Project
FINANCIAL STATEMENT: This agreement carries a not-to-exceed amount of $60,000. The
estimated consulting cost per task is as follows:
Water Intrusion Investigation: $22,590
Management of Environmental, Remediation Project 28,905
$51,495
Contingency: 8,505
$60,000
DESCRIPTION: The Dublin Civic Center sustained a number of water leaks during
recent rainy weather. Leaks occurred in a number of locations, primarily in the Police Wing, and appear
to be from more than one source. Since some of the leaks have been recurring, and attempts to stop the
leaks have been only marginally successful, Staff is proposing to contract with the Zahn Group,
Incorporated, to conduct a water intrusion investigation. The investigation is intended to identify the
sources of leaks in the various locations and to recommend corrective measures, through repairs and/or
ongoing maintenance programs.
The second task outlined in the agreement is management of the environmental remediation project which
is the subject of a separate agenda item. The tasks involved would be similar to those performed for any
of the other construction projects the Zahn Group has managed for the City, including proposal analysis,
supervision of the contract work, and review of any proposed change orders and progress payments. It is
COPIES TO: The Zahn Group, Inc.
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~ important that this work be supervised by an expert in both construction management and remediation
work, as the ability to prepare a specification has been limited by the need to move forward with the work
in a timely manner. The remediation project is essentially a design/build situation which is being directed
by the specialist's report and performed in an occupied building. The Zahn Group has previously
managed the HVAC replacement project, front counter upgrade, fuel tank renovation, and construction of
both new fire stations, and is now overseeing the construction of the Senior Center and Emerald Glen Park
Phase II.
There are insufficient funds available in the Building Maintenance budget to pay for the cost of this
project. It is therefore proposed to fund this work from Unallocated Reserves (General Fund). The City
will pursue reimbursement by the City's insurance carrier.
Staff recommends that the City Council approve the Budget Change in the amount of $60,000 and adopt
the resolution approving the agreement with the Zahn Group for water intrusion investigation and
management of the environmental remediation project.
Page 2
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required):
X From Unappropriated Reserves
From New Revenues
Budget Transfers:
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From Budgeted Contingent Reserve (1080-799.000)
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Name: ~Building Maintenance: Contract iR :.' . S. .
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Account #: Account #: 001.10500.740.000
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Signature
REASON FOR BUDGET CHANGE ENTRY: To fund the investigation of sources of water intrusion at tlie
Civic Center Building and management of the environmental remediation project to remove affected building
materials and treat them.
City Manager:
Signature
Date:
As Appr~ved at the City Council 1Vleeting an: 'D~te: '
Mayor:
Posted By:
Signature
Signature
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RESOLUTION NO. -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
!t 7t !t at * dt !k R * it !k 7k ik R 1h ft !k !t !k iF !t it
APPROVING AGREEMENT WITH
THE ZAHN GROUP, INC. FOR
WATER INTRUSION INVESTIGATION AND
MANAGEMENT 4F ENVIRONMENTAL REMEDIATION PROJECT
WHEREAS, the City of Dublin Civic Center sustained a number of leaks during rainy weather,
causing damage to some building components; and
WHEREAS, the sources of leaks are not immediately apparent; and
WHEREAS, as a result of the leaks, mold was found to be present in some locations in the
building; and
WHEREAS, remediation of mold and repair of leaks is necessary to preserve the integrity of the
building;
NOW, TI~REFORE, BE IT RESOLVED that the City Council of the City of Dublin approves a
contract with the Zahn Group, Inc., for consultin~ services related to water intrusion investigation and
management of an environmental remediation contract.
BE IT FURTI~R RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 16th day of March, 2004.
AYES:
NOES:
ABSENT:
ABSTAINING:
Mayor
ATTEST:
City Clerk
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EXHIBIT "A" OF RESOLUTION ~7~ -04
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN ANp
THE ZAHN GROUP, INC.
THIS AGREEMENT for consulting senrices is made by and beiween the City of Dublin ("Cit~') and
The Zahn Group, Inc. (°Consultant~) as of March 16, 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 attwacched as Exhi ' 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 Exhi it A the Agreer~~ shall prevail.
1.1 Term of Services. The term of this Agreerr~nt shall begin on the date first noted above
and shall end on June 30, 2004, the date of completion specified in Exhib' 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 serv~es requir~d by this Agreement shall
not affect the Cit~r's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of PerForntance. Consultant shall perform all services required pursuant ~ this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consuftant is engaged in the geographical area in
which Consultant practices i~ profession. Cansultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of qualit~r namally observed by a person practicing in Consultant's profession.
1.3 Assignment 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 Agreemen~ 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 ofi serv~es pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy ConsultanYs obligations hereunder.
Secdon 2• COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $60,000,
notwithstanding any contr~y indications that may be corrtained in ConsultanYs proposal, for services to be
perfo-med and reimbursable costs incurred under this Agreement In the event of a conflict beiween this
Agreement and ConsultanYs proposal, att~ached as Exhibit A, regarding the amour~ of compensation, the
Agreement shall prevail. C'rty 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 seroices rend~ed pursuant to this Agreement Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City
for duplicate services perfom~ed by more than one person.
Consulting Services Agreement beiween ~•--_~- ~ ~~^^~
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Consuttant and City acknowledge and agree that compensation paid by City to Consuttant under this
Agreement is based upon ConsultanYs estimated costs of providing the services required hereunder,
including salaries and benefi~s of employees and subcontractors of Consultant Consequen~y, 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 con~ibutions beyond compensation required under this Agreement
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreemerrt, based on the cost for services perforrr~d 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;
^ At Cityr's option, for each work item in each task, a copy of the applicable time
entries or time sheets shali be submitted showing the n~ne of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
^ The total number of hours of work perfo-med under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A:
^ The ConsultanYs signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
senrices satisf~torily 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 seroices and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Paymen~ City shall pay for the services to be rendered by Consultant pursuant to
this Agreement City shafl 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
Consulting Services Agreerr~nt between March 16, 2004
City of Dublin and the Zahn Group, Inc. Page 2 of 13
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In no event shall Consultant submit any invoice for an ~nount in excess of the maximum
amouM 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
2.5 H u 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 One Thousand Doll~s ($1,000). Expenses not listed below are not ch~geable to
City. Reimbursable expenses ~e 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 Agreerr~rrt and any similar federal or state ta~ces.
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 terminatian. Consultant shall maintain adequate togs and
timesheets in order to verify costs incurred to that date.
2.9 Authorizatian to Perfom- Servjces. 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.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and ex~nse, provide all facil'~ties and equipment that may be necessary to perform the senrices
required by this Agreement City shall make available to Consultant only the facilities and equipment listed
in this secfiion, and only under the terms and conditions set forth herein.
City shall furnish physical f~ilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for ConsultanYs use whi{e consul~ng with Cit~r employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facili6es shall
be in the sole discretion of City. In no everrt shall City be obligated to furnish any facility that may involve
incumng any direct expense, including but not limited to computer, long-distance telephone or other
communicaation 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 ctaims for
injuries to persons or damages to property that may arise fram or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof saatisf~tory to City of such insurance that rr~ts the requirements of this
secfion and under forms of insurance satisfactory in all respects to the City. Consultant shall mair~tain the
insurance policies required by this section throughout the term of this Agreement The cost of such
Consulting Services Agreement between March 16, 2004
City of Dublin and the Zahn Group, Inc. Page 3 of 13
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insurance shaii be included in the Consultant's bid. 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 directiy or indirec~y by Consult~nt 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 cerbfied mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from ConsultanYs 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 reauirements. 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,
e'~ther the general aggregate limit shall apply sep~ately 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 shalt 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 scoae of coverage. 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
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Consulting Services Agreement between March 96, 2004
City of Dublin and the Zahn Group, Inc. Page 4 of 13
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Automobile Liabilit~r form CA 0001(ed.12J90) Code 8 and 9("any auto°). No
endorsement shall be attached limifiing the coverage.
4.2.3 Additional reauirements. Each of the following shalt 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 Consultan~ including the
insured's general supervision of Consultan~ products and completed
operations af Consultant; premises owned, oc~upied, or used by
Consultan~ and autorrmbiles owned, leased, or used by the Consultant
The coverage shall contain no special limitafions 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 ~at coverage is primary insurance with
respect to the City and its officers, o~icials, 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 CONSULTANT 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 cer6fied mail, retum receipt
requested, has been given to the City. Consultant shall notify City within
14 days of no6fication fiom ConsultanYs insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liabilitv 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,OOO,Q00) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, vaded,
canceled by either p~ty, reduced in coverage or in limits, except after thirty (30)
Consulting Services Agreement between March 16, 2004
City af Dublin and the Zahn Group, Inc. Page 5 of 13
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days' prior wri~en notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severabilit~r of interest clause.
4.3.4 The follow'rng provisions shall apply if the professional liabilit~+ 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 five years aRer 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 Agreerr~ent or the work.
The City shall have the right to exercise, at the ConsultanYs sole cost and
expense, any e~ended 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 sulxnitted to the City
prior to the commencement of any work under this Agreement
4.4 Afl Policies Reauirements.
4.4.1 Acceptabili of insurers. Al! insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VI I.
4.4.2 Verificaation of caverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with cer6ficates of insurance and with original
endorsements effecting coverage required herein. The cerrtifificates 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 resen-es the right to
require complete, cerfified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontracbors as insureds under its
policies or shall furnish separate cerbficates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 V ation. The City may approve a v~iation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and fprms of
Consulting Services Agreement between March 16, 2004
City of Dublin and the Zahn Group, Inc. Page 6 of 13
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such insurance are either not commercially available, or that the City's interests
are atherwise fully protected.
4.4.5 Deductibles and Self•Insured Retentions. Consultant shall disclose to and
obtain the approval of Cit~r for the self-insured reten6ons 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 self insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured 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 respect,s to each of
them.
4.4.6 Notice of Reduction in Coverage. 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 ConsultanYs earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Rgmedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsemer~ts 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
ConsultanYs 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 hereofi and/or
^ Terminate this Agreement
Section 5. INDEMNIFICATION AND CONSULTANTS RESPONSIBIUTIES. Consultant shall
indemnifjr, 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,
subcontractors, or agents, by acts for which they could be held strictiy 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
Consulting Services Agreement beiween March 16, 2004
City of Dublin and the Zahn Group, Inc. Page 7 of 13
to property, or violation of law arises whoily from the negligence or wiliful misconduct of the City or its
officers, empioyees, agents, or voluM~eers and {2) the actions of Consultarrt 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
cerbficates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold h~mless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance pol~ies 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 subcontr~tor of Consultant providing servic~s
under this Agreement is deterrnined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible far enrollment in PERS as an employee of City, Consultant shall
indemnif~r, defend, and hold harmless City for the payment of any employee and/or employer contribu~ons
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 othenKi~se be the responsibilit~r of
City.
Se 'on 6. STATUS OF CONSULTANT.
6.1 Indenendent Contractor. At all times during the term of this Agreement, Consultant shail
be an independent contractor and shall nat 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 assignmerrt of personnel pursua~t 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 Agreemer~. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agenis, and subcontractors providing services under this
Agreement shall not qualify for or become entitied to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employrr~ent by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitiement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No A~en~ Except as City may specify in writing, Consu~ant shall have no
authority, express or implied, bo 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.
Se on 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California sh~l govern this Agreement
Consulting Services Agreement between March 16, 2004
City of Dublin and the Zahn Group, Inc. 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 Regulations. 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 Pennits. Consultant represents and warrants to City that Consultant and
its employees, agen~, 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 Equal Opportunitv. 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, ar 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 safisfaction 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 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitied 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,
computer softw~e, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement
Consulting Services Agreement between March 16, 2004
City of Dublin and the Zahn Group, Inc. Page 9 of 13
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 Cit~r 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 ContractAdministrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parfies may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontractina City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of ConsultanYs 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 beiween City and Consultant shall survive
the termination of this Agreement.
8.6 Options u on Breach by ~onsultant 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 Imrr~diately terminate the Agreemen~
8.6.2 Retain the plans, specfications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreemen~
8.6.3 Retain a different consultant to complete the work described in Exhibi A not
finished by Consultant; or
8.6.4 Charge Consultarrt 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 Consuttant had
completed the work.
Consulting Services Agreement beiween March 16, 2004
City of Dublin and the Zahn Group, Inc. Page 10 of 13
Secdon 9• KEEPING AND STATUS OF RECORDS.
9.1 Records Created aa Part of Consui,~nt's PerFormance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
recads, 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 documerrts to the City upon termination of the Agreement It is understood and
agreed that the documen~ and other materiais, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specificaliy for the City and are
not necessarily suitable for any future or other use. Citlr 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
parfies.
9.2 Consuttant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouche~s, canceled checks, and other records or documents
evidencing or relating to charges for services a expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) ye~s, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement
9.3 ~nspection and Aud~ of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspe~tion, audit,
and/or copying at any time during regul~ business hours, upon oral or writttten 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 ($10,000.40), 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 af the Cit~r, for a period of three (3) yeazs aRer final
payment under the Agreement
on 10 ~IISCELLANEOUS PROVISIONS.
10.1 Attomeys' Fees. If a party to this Agreemer~t brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitied to reasonable attorneys' fees in addition #o any other relief to which
that party may be entiUed. The court may set such fees in the same action or in a
separate acfion 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 Califarnia in the County of Alameda or in the United States District Court for
the Northem 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 Agr~ment not so
Consulting Services Agreement between March 16, 2004
City of Dublin and the Zahn ~roup, Inc. Page 11 of 13
adjudged shall remain in full force and effect The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement
10.4 No Imntied W~,iver 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 fierm or any other term
of this Agreement
10.5 Successors and Assigns. 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 p~er 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
Consuftant in a`conflict of interest," as that term is defined in the Political Reform Act,
codified at California Govemment Code Section 81000 et seq.
Consultant shall not employ any Cit~r 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 ef seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
morrths, an employee, agent, appointee, or o~icial of the City. If Consultant was an
employee, agent, appointee, or o~icial 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
Govemment Code §1090 ef.seq., the entire Agreement is void and Consultarrt will not be
enti~ed to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the Cit~r 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 Govemment Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
14.8 licitation. 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 John Croswhite
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
consuiting 5ervices Agreement between March 16, 2004
City of Dublin and the Zahn Group, Inc. Page 12 of 13
10.10 Notices. Any written notice to Consultant shall be sent to:
The Zahn Group, Inc., Attn: Elyce Zahn
625 Market Street,14ih Floor
San Francisco CA 94105-3315
Any written notice to City shall be sent to:
City of Dublin Public Works, Attn: Melissa Morton
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 report/design preparation. The stamp/seal shall be in a block enti~ed
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
C'rty and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
[NAME, TITLE)
CONSULTANT
[NAME,IITLE]
Attest
[NAME), City Clerk
Approved as to Form:
(NAME], City Attorney
g:lengr contractlzahnlagrt for mold remediation
~vnsu~~ng ~ervices Rgreement between March 16, 2004
City of Dublin and the Zahn Group, Inc. Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
As per proposal dated March 14, 2004 (attached)
Task 1 Moisture Investigation
Task 2 Management of Mold Remediation
~onsui~ng ~ernces Agreement between March 16, 2004
City of Dublin and the Zahn Group, Inc.--ExhibitA Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
As per proposal dated March 14, 2004
Task 1: Water Intrusion Investigation, Not to Exceed $22,590
Task 2: Management of Moid Remediation Project, Not to E~cceed $28,905
Consulting Services Agreement between March 16, 2004
City of Dublin and the Zahn Group, Inc.--E~chibit B Page 1 of 1
_._ r. ~ ~
10.10 Notices. Any writter~ notice to Consultant shalf be sent to:
The Zahn Group, Inc., Attn: Elyce Zahn
625 Market Street,14~ Floor
San Francisco CA 94105-3315
Any written notice to City shall be sent to:
Ciiy of Dublin Public Works, A~n: Melissa Morton
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 repor~ first page of design spec'~frcations, and each page of
construcc#ion drawings shall be stamped/sealed and signed by the licensed professiortal
responsible for the reportldesign preparation. The stamp/seai shali be in a block er~~ed
"Seai and Signature of Registered Professional with reportldesign responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 lntegration. This Agreemer~t, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consuitant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
( E, TtTLE] I'~( AyOR.
Attest
~~
[NAME~, Ci rk
Approved as to Form:
~f ~~- GX ~~
[NAM~J, Ciiry Attorney
g:lengr contractlzahnlagrt for mold remedi~tion
CONSULTANT
[NAME, TITLEj
,11:
~:~:........
Consulting Services Agreement between March 16, 2004
City of Dubiin and tMe Zahn Group, Inc. Page 13 of 13
~:.~
VIA FACSIMIL.E - 925-$33-6630
~,~Qr~'Q Three pages total
v~G'
\
March 14, 2004
Ms. Ginger Russell
Administrative Analyst for Public Works
Public Works pepartment
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Moisture Investigation and Mold Remediation
Gity Hall
ZG Project Number 04M025
or,0 Dear Ms. Russell,
~ 0<~d~~
0~~a P The zahn Group (ZG) team is pleased to provide you with a proposal to
5~~q~p~~ investigate the water leaks at City Hafl. We have identified tasks that will enable
~~~ m our team to identify the possible cause(s) of the leaks. We wifl utilize tihis
a~ information to formulate a strategy to mediate this problem.
Our moisture investigation approach is as follows:
1. Perform water tests on various walls_
2, PerForm water test on all glazing.
G~ 3. Flood test and inspect all roof underlayment and attic space.
q,~,~~,~~oo~Q~ 4. Pertorm an at-grade watel' test (mow strip and concrete walls at or
a~a~qA~~~.a' around the perimeter of the City Hall building).
~,~ a~ ~v 5. PreparQ a report on the findings of the tests and recommend
``~~`'~~a corrective measures.
~m 6. Meet with City stafF to discuss the report.
7. Prepare a cost estimate #o correct the moisture pro6lem.
Our approach to mold remedia#ion is as follows:
1. Contractor identification and pre-proposal w~lk-thraugh with
contractors
2. Assist City with proposal analysis
3, Pre-construction meeting with Contractor and City
4. Daily job review
5. Weekly job meeting on progress
6- Prepare punchlist and review with Contractor and City
7. Process punch list
8. Process payments
~~. ~~
, 9. Prepare final report to Owner
0
O G,~9G
~c~'~~~ a o Our estimate for all of these services is a not-to-excead maximum budget of
°5oc~ ~o~' 0~ $51,495.00. Deteils of our budget estimate are attached for your review.
0 0~ 0
a~~<~~a~ ~~~o
~.P ~~C`c` ~'
50
!~` (
Ms. Ginger Russell
City of Dublin
March 1A~, 2004
Page 2
John Croswhite will contact you to meet with you to discuss our proposal. lf you
have any questions for him prior to this meeting, please contact him via cell-
phone at 415-279-6261.
We appreciate th'ts opportunity to assist the City of Dubfin with resolving this
troubling matter.
Very truly yours,
THE ZAHN GROUP, WC.
ElyCe R. n
President
Attachment -- Proposed budget details
City of Dublin '
Water Intrustlon Investigation at City Hali
7G ProjeGt Numbe~ 04M025
Foe~...o.o ~a nf MorrFi 1d ~nne
--°• --- -- -. -._. _.. . -
--- ~ ~
~
Pro~ect Dir.
ProJect Caord.
Const. Mgr~,
~
Consultants
Archltect _
~
-- Motsture Inveatigatlon ._ $t45.00 $5~_00 __
~ $125-fl0
.~ $145,00 $135.00_
Activi
1 PerForm water tests on walls, r ~ 4 ?_ ~ a 8 8
2 ertorm water test on glazing ~_ _~ _ 4_ ~ 8 J ~12 S_
3 Flaod test and Inspect all roof underiayment and attic space. 2 2_
~ 2 4 2 _
~
~~ PerPorm an at-grade water test (mow strip and conc~ate _ _
walls at ar around the perimeter of the City Hall & Poflce
4 building), 2 2__ 8 8 _ 0
Prepare a report on the findfngs of tne tests and recommend
5 corrective measurea. 4 s 8 4 4
6 Meet wlth City steff ta discuss the report. ~ 8 4~~ . 8~
~ 0
~~ 2
7 Prepare a cost estimate to correct the w~ter intruslon,~ 8 12 _ 8 8_ _8
-- ------ g2 ° ~0-- ---~ 46 44 32
~ -
_ _ ~_ . 4,640.00 $1,500,40 ~5,75~.00 $6,380.00 ~4,320.00
Sub Total ~ $22,590_00 L
~
~ ProJect Dir. Pro~Lat Caord. Canst, M r. ~~ _ _
_.~
Mold Remediatlon $145.00 $50.00 $125.00
Activity ~ ~
J ~~~ ~
1 Pre-Proposal Walk with Contractvrs 5 4
2 Assist Owner wlth Proposal Ana ly sis 4 2 ~ 4 ~ ~
3 ~
Pre ConsirucUon Meeting with Contractor & Owner 2 2~ 2 _
~
4~~ Dail Job review ~ 24 40 ~ 84 ~ ~
~5 Weskly Job meating on Pro ress ~ 6~ 12 6 ~ ~
6 .
Prepare Punch List & review wit ContrBCtor .
~ 4
8~
~ 8 _... . -..
7 Pracess Punch List ~ ~ 4 ~4 12 ~
8 Proeess Pavment ~ --- 2 •- 2 - -- 2 '~ - • -•-
9 Pre are Final Report to Owner~ 8 12 S ~ ~
59 $2 130
_ ,
_ $8,555.00 $4,100.00 $18,250.00
_ _
__ _
_._ _ _ ._ _ Sub Tofal Sxg,905.00
_~ ~
_ ~_._ ProjectTotal $51,495.00 ~ --- ~ _ - -- --