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HomeMy WebLinkAboutItem 4.18 BSK Amend Agmt CITY CLERK File # 600-30 AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: June 19, 2001 SUBJECT: Amendment to Agreement with BSK & Associates for General Geotechnical Services Report Prepared by.' Lee S. Thompson, Public Works Director ATTACHMENTS: 1 ) Resolution and Proposed Amendment 2) Letter from BSK & Associates 3) Current Agreement and Amendment RECOMMENDATION/~fft Adopt resolution approving amendment to agreement and authorize Mayor to execute amendment. FINANCIAL STATEMENT: Under this agreement, BSK and Associates provides general materials testing and geotechnical services to the City based on the adopted rate schedule. Types of services performed would typically be soils or material testing for Capital .Improvement Projects. The cost of the service would be budgeted for the specific Capital Project. The maximum expenditure with BSK is set at $50,000 per year. BSK has indicated that their personnel rates will increase for the upcoming year by an average 15.67%, with laboratory testing rates to remain the same. This is the first rate adjustment requested by BSK since 1996. DESCRIPTION: The agreement with BSK was originally approved in 1996 and was extended by two amendments through the 2000-2001 fiscal year. This year, BSK has provided testing services for all of the City's Capital Improvement Program projects, including Emerald Glen Park. Staff is proposing that the agreement be extended for a two-year period and to allow the consultant to request an adjustment of rates for the second year of the term. Under this agreement, Staff would typically obtain a not-to-exceed proposal from BSK for each specific Capital Project. The cost of the work is budgeted within individual CIP's. BSK has not requested a rate increase since the original agreement in 1996. With this amendment, BSK is proposing an increase in rates for Fiscal Year 2001- 2002 for various classifications ranging from 13.5% to 18.2%. Spread over the past 5 years, the average rate of increase ranges from 2.7% to 3.6% per year. Rates for laboratory testing are to remain the same. The work provided to date by BSK has been satisfactory, professional, and competitive, and Staff recommends that the City Council approve the amendment to the agreement. COPIES TO: Alex Eskandari, BSK ITEM NO. RESOLUTION NO. - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR GEOTECHNICAL SERVICES WITH BSK & ASSOCIATES WHEREAS, the City Council of the City of Dublin approved an agreement for geotechnical services with BSK & Associates, on June 11, 1996; and WHEREAS, the term of said agreement was extended to June 30, 2001; and WHEREAS, B SK & Associates has proposed an adjustment of rates for Fiscal Year 2001-2002; and WHEREAS, the term of the agreement is proposed to be extended for a two-year period until June 30, 2003, allowing BSK & Associates 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 (adjustment of rates and extension of term) with BSK & Associates, 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 19th day of June, 2001. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g :\engr\bsk\resoamnd0 1 Vo / ~ ~//~/~/ t · EXHIBIT "A" OF RESOLUTION -01 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BSK AND ASSOCIATES FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BSK and Associates (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1996, to provide engineering services to CITY; and WHEREAS, through two subsequent amendments, the term of the agreement was extended through 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 until 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. Consultant shall be entitled to submit a request for an adjustment of rates for the second year of the contract term; i.e., 2002-2003 fiscal year. CITY OF DUBLIN Mayor ATTEST: City Clerk BSK AND ASSOCIATES Date: g:engr contracfibsk\amndment0 1 1181 Quarry Lane, Building 300 Pleasanton, CA 94566 (925) 462-4000 · 'FAX (925) 462-6283 February 7, 2001 Ref.: Dublin Annual Contract Mr. Lee S. Thompson Public Works Director City of Dublin .::.: ' :. :! P.O. Box 2340 Dublin, California 94568 Subject: City of Dublin Contract with BSK & Associates Fiscal Year 2001-2002 Dear Mr. Thompson: In response to your letter of January 23, 2001, we propose the following: 1) Our current fee schedule for Geotechnical and Material Testing Services for Fiscal Year 2000-2001 has not changed since January 1995 which was the basis for our original Consulting Service Agreement, dated June 11, 1996. Because of inflation over the past six years, we propose to adjust our rates for the Fiscal Year 2001-2002 in accordance with the attached "Fee Schedule, June 2000". Please note that the average percent increase on typical personnel rates normally applied to the City of Dublin projects is about 15 percent with no change in laboratory testing rates, as illustrated below: Classification Oxrrent 2000-2001 Proposed 2001-2002 Percent Change Rate Rate Principal $118 $136 15.2% Senior Professional 98 112 14.2% Project Professional II 88 104 18.2% Staff Professional and 74 84 13.5 % Supervisor Field 52 60 15.3% Technician/Inspector Word Processor 34 40 17.6% Laboratory 140 140 0.0% Compaction Curve Sieve Analysis 100 100 0.0% Concrete Compression 60 60 0.0% Dublin Annum Contract Fiscal Year 2001-2002 February 7, 2001 Page 2 Further, we assume that the existing consulting agreement signed in June I I, 1996 is not subject to the requirements of the California Prevailing Wage Law, Senate Bill 1999 which became effective January 1, 2001. As you know, this law requires that the workers (BSK's technical staff) on public works construction projects (contracts signed after January 1,2001 ) are to be paid prevailing wage rates. If we are required to work under the new law our rates will be higher than the rates proposed for 2001-2002 Fiscal Year, especially for our field technicians and inspectors who are hourly employees. We would be happy to submit our prevailing wage rates, if and when requested. 2) We are therefore not 'requesting any contract language or scope of work change for the upcoming 2001-2002 Fiscal Year. Rather, merely extend the existing contract` and adjust the rates. We look forward to continue providing our services to the City of Dublin. We would be happy to set up a meeting with you and/or your staff to discuss the potential workload for the upcoming year at your earliest convenience. Respectfully Submitted, ' BSK & Associates Alex Y. Eskandari, P.E. Manager, Geo-Environmental Services AYE:rk ( G: ~DOCXGEOXDublinConlract wpd) Attachment: BSK Fee Schedule, June 2000 STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of LT'~A/E// , 1996, by and between the CITY OF DUBLiN, a municipal corporation ("City"), and nsK & ASSOCIATES ("Consultant"), who agree as follows: i. 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. 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 adcording 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 terms 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 term 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. 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. 7. 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. 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 team without prior written approval by the City. The Project Manager for Consultant shall be ALEX Y. ESKANDARI 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his or designee. Agreement Page 1 of 2 10. NOTICES. Any written notice to Consultant shall be sent to: ALEX Y. ESKANDARI Manager - Geotechnical Services BSK & AAsociates 1181 Quarry Lane, Bldg. 300 Pleasanton, CA 94566 Any written notice to City shah bc sent to: Lcc S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of ~hc day first above statcdz CITY OF DUBLIN, a municipal corporation Attest: By "Consul.rant" ' Approved as to form: City Attorney A~reement Page 2 of 2 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE (GEOTECHNICAL) To provide geotechnical peer review. of soils and geologic reports for private development projects, provide testing and field observations and attend meetings as requested. Consultant shall provide the City with a not-to-exceed fee on a project by project basis for peer review and geologic reports for private development projects, provide testing and field observations and attend meetings as requested.. Exhibit A EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant on a time and expense basis not to exceed the total sum of FIFTY THOUSAND DOLLARS ($50,000) per year for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of project based on the cost for services performed. 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 extra, 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 extra 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 exclusive 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 f~nished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all 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 perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit Page 1 of 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 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's 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 of the contract insurance against claims for injuries to persons or damages to property 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. 1/73) 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 of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occmTcncc for bodily injury, personal injury and propen~y 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 project/location or the general aggregate limit shall be twice the required occmTcnce limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and propc~y damage. Exhibit D Page 1 of 4 (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 $1,000,000 per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approi, ed by the City. At the option of the 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 of losses 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 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 or employees. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials and employees. 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 contribut~ 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. (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 from 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 of the services specified in this Agreement. (4) All Coverages. ' Exhibit D Page 2 of 4 Each insurance policy required by this clause shall 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 certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. F. Verification of Coverage. Consultant shall 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 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. 5. 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 have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. 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. 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 term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. 8. 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 City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's. profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all 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, oft account of, and to the extent caused by, the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from, and to the extent caused by, the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties 'Exhibit D Page 3 of 4 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 consideration. · Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. 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 or properties 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. Exhibit D Pa~e '4 of 4 EX1TFRIT "A" OF RESOLUTION AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BSK AND ASSOCIATES FOR GEOTECHNICAL SERVICES WFFF, REAS, the City of Dublin (hereinaf~er referred to as "CITY") and BSK and Associates (hereinaf~er referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional _~two-year period (terminating lune 30, 2001); NOW, TH'EREFORE, the parties hereto agree as follows: Extension ~f Term The term of the agreement shall be extended until June 30, 2001. Consultant shall be entitled to submit a request for an adjustment of rates for the second year of the contract term; i.e., 2000-2001 fiscal year. CITY OF DUBLIN ATTE : BSK AND ASSOCIATES Date: EXHIBIT "A" OF RESOLUTION 5~ -98 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BSK AND ASSOCIATES FOR GEOTECHNICAL SERVICES WltEREAS, the City of Dublin (hereinafter referred to as "CITY") and BSK and Associates (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WItEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional one-year period (terminating June 30, 1999); NOW, TltEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to coincide with the end of the 1998-99 Fiscal Year; i.e., until June 30, 1999. CITY OF DUBLIN ,~la)7~r / lC3tyC21er k, BSK ~ ASSOC]2ATES