HomeMy WebLinkAboutItem 7.4 Engineering Contract Review (2) CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: June 9, 1992
SUBJECT: Engineering Contract Review (Santina & Thompson)
Report by Public Works Director Lee Thompson
EXHIBITS ATTACHED: 1) Letter from Peter F. Santina dated February 20,
1992
2) Current Agreement dated June 24, 1991
3) Resolution and Proposed New Agreement
4) Personnel utilization chart
RECOMMENDATION: iX Adopt resolution approving new agreement and authorize
Mayor to execute the agreement.
FINANCIAL STATEMENT: See below.
DESCRIPTION: The City has contracted with the firm of Santina and
Thompson for general professional engineering services since 1983. Over the years,
the scope of the contract has been reduced as the City hired Staff to replace
contract positions. The most recent change occurred in the fall of 1991, when the
City hired an additional Public Works Inspector and an Engineering Technician which
replaced services previously provided by Santina and Thompson.
A new agreement has been prepared which reflects the reduced scope of work and
defines a new errors and omissions insurance limit. Santina and Thompson is not
proposing any rate increases for FY 1992-93. The agreement essentially defines the
tasks that Santina and Thompson may provide for the City; however, all functions are
to be on an as-needed basis. These tasks include private development plan review
and inspection, surveying and legal descriptions, capital project design and
inspection, resident engineer and/or construction management, government agency
coordination, and any other functions that City Staff is unable to perform
economically or due to time constraints.
Background
Alameda County provided Dublin's engineering staff functions for the first year
after incorporation. After interviewing several private engineering firms, the City
contracted with Santina and Thompson in January of 1983. Santina and Thompson has
continued to provide a varying level of engineering services since that time.
In recent years, the Capital Improvement Program has included more parks and
landscaping projects that have been designed by landscape architecture firms. This
has further reduced Santina and Thompson's involvement in the City's capital
projects. The City has also contracted with other engineering firms to provide
design services for two major Capital Improvement Projects: the Dublin Boulevard
Extension and the Dublin Boulevard/Silvergate Drive Intersection project. Other
Capital Improvement Projects such as the Annual Street Overlay, Dougherty Road Bike
Path, Sidewalk Safety Repair, and Dublin Boulevard Bridge Deck Repair have been
designed in-house.
Construction survey staking for street improvement projects has typically been
included in the specification as work to be provided by the contractor, except that
Federal Aid Urban project staking (for example, on the San Ramon Road Phase IV
project) must be done by in-house or City-contracted services per State
requirements.
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ITEM NO. -- COPIES TO: Peter F. Santina CITY i2i]
FILE 8
In the area of subdivision plan checking and inspection, the City is able to insure
a proper system of checks and balances. The agreement with Santina and Thompson
prohibits them from performing work for other clients within Dublin's City Limits or
Sphere of Influence. This prevents a potential conflict when a developer submits
plans for review.
The contract with Santina and Thompson initially allowed the City the flexibility to
gear up in a hurry to provide the major street projects that had not been done under
County jurisdiction and then reduce the workload without requiring City personnel
layoffs. The contract also allows for flexibility in the private development plan
check workload without the City maintaining a fixed number of Staff to do this work.
Staffing
Exhibit 4 indicates a breakdown of person-hours by job classification and by major
categories of work (i.e. , General, Private Development, Capital Projects, Assessment
District) .
The total projected hours for 1991-92 are approximately 2,335 hours. This
represents the equivalent of 1.18 full-time positions. The hours were provided by
12 different levels of expertise. The largest number of hours were related to
inspection services. The Public Works Inspector position has now been replaced by
an in-house inspector.
It is also significant that approximately 64% of the total hours are attributable to
the Capital Project category. As will be discussed later in this report, the scope
of services provided in this area is continuing to decrease.
The categories of Private Development and Capital Projects are the areas which have
the largest potential for fluctuation of work effort required. With respect to
General Engineering and Assessment District Engineering Services, Staff projects a
total of 441.6 hours of service for Fiscal Year 1991-92. These hours represent
approximately 22% of a full-time position that would be required to perform this
work. However, the contract arrangement with Santina and Thompson allows the City
to obtain these services from a variety of classifications. Staff does not believe
that the current workload would warrant further hiring of City personnel to carry
out these activities.
It is proposed that on-site staffing by Santina and Thompson be provided only on an
as-needed basis. Private development plan review, design work, and drafting takes
place in Santina and Thompson's Concord office. If the services of resident
engineer or construction manager are needed, or if additional part-time inspection
staff is needed, those persons would be assigned a specific number of hours in the
City offices to deal with those tasks. The need for Santina and Thompson to provide
staffing for this work will depend on the in-house workload at the time the Hansen
Ranch development goes forward. In the event that this project overlaps with the
City of Pleasanton extension of Dublin Boulevard, assistance may be required.
Development Review
The review of private development submittals during the preliminary planning stages
has been taken over by the City' s Senior Civil Engineer position. Examples of these
reviews are Site Development Reviews, Conditional Use Permit Reviews, Tentative
Maps, and Rezonings. When time constraints prohibit this work being done by in-
house staff, Santina and Thompson is requested to provide plan checking services.
In Fiscal Year 1991-92, Santina and Thompson plan-checked the Hansen Ranch
Development, the Enea Plaza Parcel Map, the final Brighton Meadows plan, and the
Office Club frontage improvements.
In Fiscal Year 1992-93, it is anticipated that, beyond the Hansen Ranch project,
there will probably be little demand for residential private development plan
checking. Upcoming commercial development may include John Moore's Tract 5900 along
the Dublin Boulevard Extension. A total of $14,000 is being budgeted for plan check
of other miscellaneous improvement plans.
Since development work has been sporadic and varies greatly from year to year, it is
still better to work with a contractor with a pool of people so as not to cause
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delays when several plan checks are received at one time. Conversely, when the
volume of work is low, it is not necessary to lay off City Staff or modify work
assignments. As noted above, Santina and Thompson is contractually prohibited from
performing work for private clients within Dublin's City Limits or Sphere of
Influence so as to avoid a conflict of interest. The cost of private development
plan checking and inspection work, plus a surcharge for City overhead costs, is
recovered from the developer.
Capital Improvement Projects
This past year, Santina and Thompson has worked on two major Capital Improvement
Projects. Resident engineer/project management services were provided for the San
Ramon Road Phase IV project, which was designed by Santina and Thompson. The
maintenance period for this project will be complete by June 30, 1992. During
Fiscal Year 1991-92, Santina and Thompson also provided some follow-up design
services for the Dublin Boulevard Widening project. A majority of the design work
for this project was completed in prior years. City Staff is performing some of the
signal design work for the Dublin Boulevard Widening project. Some inspection
services have been provided by Santina and Thompson staff; however, Santina and
Thompson's contract inspector was replaced by a City employee in the fall of 1991.
During the past 9-1/2 years that Santina and Thompson has been on contract with the
City, they have designed 47 projects representing approximately $11,523,700 of
construction. In all of these projects, the City has not had any contractor claims
or lawsuits, nor any private lawsuits which the City has had to defend. This is an
indication of good project plans and specifications.
Costs
The following table identifies the historical breakdown of costs under the Santina
and Thompson contract.
Est. Recommended
1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93
Gen. Engr./
Inspection $109.166 $146.439 $ 56,827 $109,226 $ 54,996 $ 22,500 $ M000
Engr/Insp pd
by priv. dev. 337.146 204,358 154,115 201,255 146,829 40,000 29,000
Capital Proj .
Ener./Insp. 452.377 340.515 262,520 117,339 351,188 105,000 30,000
Assess Dist
Engineering 10.722 10.133 10,575 12,197 9,739 1,700 1,500
$909,411 $701,445 $484,037 $440,017 $562,752 $169,200 $ 80,500
The total cost of contract engineering has tended to decrease over the past five
years as shown above. The largest part of the savings is attributable to
adjustments in the scope of work to reflect development activity. Also, the firm
has been less involved in Capital Project design. The City has previously evaluated
the services to determine at what point the service becomes more cost-effective if
performed by City Staff. The impact of hiring an in-house inspector will save the
City approximately $40,000 (partial year savings) in 1991-92. This estimate is
based on the difference between the weighted average Santina & Thompson charge out
rate for the first part of 91-92 and the City's personnel cost for the same position
including fringe benefits.
The significant proposed differences between FY 1991-92 and the proposed 1992-93 in
the major categories of work are:
1) General Engineering work includes: updating of the City maps as necessary;
minor studies; deed descriptions; map printing charges; and Capital Improvement
Project estimates. In the past, this category has included specification updating
for the annual slurry seal and striping contracts. It is anticipated that Fiscal
Year 1992-93 will be approximately the same as the prior year. Due to the slowdown
in private development, more work will be undertaken by in-house Staff. Also, Staff
is reducing the frequency of updating all City base maps. The City Manager's list
of proposed Operating Budget cuts for 1992-93 includes $5,000 for updating base
maps. This $5,000 reduction is reflected in the table above.
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2) Engineering And Inspection Paid By Private Developers: The amount of private
development plan checking is expected to decrease, as there are no proposed new
developments that have not yet undergone part or most of the plan checking process.
However, it is probable that some part time inspection will be needed to provide
coverage when the Pleasanton's two-lane access road (Dublin Boulevard) from the
railroad right of way to Tassajara Road and the Hansen project are being constructed
at the same time.
3) Capital Protect Engineering And Inspection: As noted elsewhere in this
report, work on Capital Projects is on a not-to-exceed time and materials basis.
The only major current projects in which Santina and Thompson is involved are
revisions to the Dublin Boulevard Widening plans and completion of the Dougherty
Road Widening topographic survey. It is possible that some part time inspection may
be provided to cover City Staff vacations and/or busy periods.
This past year, a Request for Proposal was issued for the design of the Dublin
Boulevard/Silvergate intersection, and the work was designed by Bissell and Karn.
Wilsey and Ham completed the design of the Dublin Boulevard Extension in 1991-92.
The park and school projects have been designed by landscape architects, and some of
the small maintenance design work has been done in-house. Therefore, Santina and
Thompson's involvement with Capital Projects has declined significantly as shown and
previously discussed in the section addressing Staffing.
Santina and Thompson has not been awarded any major projects in the last two years
but did complete the division of the Dublin Boulevard Widening project into two
project phases (east and west of San Ramon Road) . Santina and Thompson also
provided survey cross sections for the Dougherty Road Bike Path and project
management and construction surveying for the San Ramon Road Phase IV project. For
the early part of 1991-92, Santina and Thompson supplied a Public Works Inspector
who worked on the annual sidewalk repair and overlay programs. This workload has
now been assumed by a City employee. Santina and Thompson also supplied a resident
engineer for the San Ramon Road Phase IV FAU project to oversee the inspection work
and reports, to analyze the need for and to write change orders, and to review the
contractor's requests for payment and to prepare billings to the State. This
project is scheduled for completion by June 30, 1992.
Based on the City' s projected financial situation, it is expected that no new large
design projects will be started in 1992-93. Santina and Thompson may provide minor
Capital Improvement service on an as-needed basis such as small topographic surveys.
As previously indicated, this work would be completed on a not-to-exceed time and
materials basis. As shown in the chart above, all work on Capital Projects pursuant
to this agreement are projected to be no more than $30,000 in Fiscal Year 1992-93.
The total Capital Project work anticipated in Fiscal Year 1992-93 relates to three
projects.
Dublin Boulevard Widening (Donlon Way to Village Parkway) ' The design of this
project was completed in a previous year. It is anticipated that the project
will be submitted for State review in Fiscal Year 1992-93. In the event that
revisions are required, it would be appropriate to have the design firm which
did the initial design complete the revisions. Staff also anticipates the
need for assistance with drafting of signal modifications on this project.
(Total estimated 1992-93 expense: $7,416. )
Dougherty Road Widening Topographic Survey In a previous year, Santina and
Thompson performed some of the preliminary survey work for this project.
Staff anticipates finalizing the survey in Fiscal Year 1992-93. The actual
design of the project is scheduled for a future year, and Staff anticipates
the use of a competitive Request for Proposal process for the actual design
work. (Total estimated 1992-93 expense: $8,977.)
Dublin Boulevard Extension (Project Management) : This would provide
administrative assistance to the City Engineer with the coordination of
project documentation. This would include preparation of change orders,
interpretation of specifications, and other related tasks. The estimated cost
is based upon an estimated 1.5 days per week. (Total estimated 1992-93
expense: $13,607. )
Page 4
The total of the three projects is $30,000 and is based upon projections. Actual
time will be billed on an hourly basis.
4) Assessment District Engineering: In FY 1991-92, in-house Staff provided this
function with involvement by Santina and Thompson limited to modifying an assessment
diagram and some minor training of the City's in-house staff on procedures. An
outside data processing firm was used to provide the computer runs and tapes for the
Assessor's Office. It is proposed to continue Santina and Thompson's involvement in
FY 1992-93 at a reduced level.
Agreement
As noted above, Santina and Thompson proposes a new agreement for FY 1992-93 in
order to define changes in staffing to an "on-call" arrangement and an increase in
the limits of their errors and omissions insurance from $500,000 to $1,000,000. The
hourly rate schedule is not proposed to be changed from the rates used in 1991-92.
Recommendation
Staff recommends that the City Council review the services of Santina and Thompson,
provide any additional input and comments, adopt the resolution approving the new
agreement, and authorize the Mayor to execute the agreement.
a: (contracts)\engr\agstrev
Page 5
SANTINI� :1
THOMPSONINC.
Municipal Engineering Surveying
Railroad Engineering Planning
February 20, 1992
Mr. Lee S. Thompson
Public Works Director
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Subject: Annual Contract Review - FY 92/93 Services
Dear Lee,
The City of Dublin Public Works Department has undergone a number of changes since
the start of 1991. You have added three new staff positions - Senior Civil Engineer,
Construction Inspector and Engineering Technician. Private development activity has
slowed down. Revenue for public projects has decreased and fewer CIP projects are
being constructed or their program years are being pushed back.
In recognition of the reduction in the service needs of your department, we have
amended our agreement form this year for Fiscal Year 1992/93 services. We join you
in hoping that the economic downturn is short lived and that Dublin will be able to
move forward in meeting their goals and objectives. Even though our billing rates for
Dublin are lower than what we charge other clients, we are proposing to keep the
Dublin rates unchanged for FY 92/93.
Santina & Thompson, Inc. proposes to provide services for FY 92/93 on an "on call, as
needed" basis. The services that we can provide are as follows:
1. Development Review Duties
a) Plan checking for grading and improvement plans, record maps.
b) Improvement inspection.
C) Traffic engineering review of development applications.
d) Review engineering aspects of planning applications.
2. Surveying and Legal Descriptions.
1355 Willow Way, Suite 280 Concord, Calm
510-827-3200 Fax 510-687-1C
Mr. Lee Thompson
February 20, 1992
Page Two
3. Capital Improvement Projects.
a) Design
b) Inspection
4. Resident Engineer/Construction Management.
5. Governmental Agency Coordination.
6. Other services that staff can't perform economically due to lack of
appropriate equipment or specialized knowledge.
Each of these services is described in greater detail in the proposed agreement for FY
92/93.
Thank you for the opportunity to continue our services to the City of Dublin. Because
we have been providing services to the City for many years, we have been able to
maintain a quality of work exceeding the general standards of the industry. Our
knowledge of how your department functions and the background information that we
have allows us to provide you with our services more effectively and efficiently than if
you had to select a di ff ent firm for each service.
,,,Sincerely,
Peter F. Santina
President/CEO
PFS/ME/kes
P9210011.PH
SANTINA�
THOMPSON.wc.
AGREEMENT
This Agreement is made and entered into this 1st day of July, 1991, by and between the
City of Dublin (hereinafter referred to as "City"), and Santina and Thompson Consulting
Civil Engineers, Inc. (hereinafter referred to as "Consultant").
WHEREAS, City is desirous of engineering service; and
WHEREAS, Consultant is qualified to render said necessary services and desires to provide
these services for the City.
NOW, THEREFORE, the parties hereto agree as follows:
I. DUTIES OF CONSULTANT
Consultant agrees to provide those engineering services that may be requested by the
City during the term of this agreement in a prompt, professional and workmanlike
manner in accordance with the standards of the engineering profession. All work shall
be completed to the satisfaction of the City Manager. The City may, at its discretion,
request performance by consultant of any of the following duties:
A. Administrative Duties
1. Attend meetings with City staff, public officials, community leaders, developers,
contractors and the general public, as required by the City.
2. At the discretion of the City, review and comment on planning programs and land
development projects which are not only located within the City, but also located
outside the City and which may have a traffic impact on the City.
j3. When directed, supervise the accounting of State Highway User Funds from the
standpoint of meeting State requirements for the expenditure of such funds. The
City shall have final authority regarding accounting methods and procedures.
4. Advise the City Manager as to engineering and construction financing available
from other governmental agencies and when so directed, prepare and initiate
application for such fundings.
5. Recommend ordinances and regulations pertaining to engineering matters.
1 P'..
with other
G. Assist the City to establish working relationships and no coordinate es ffe tint the
public agencies and private utilities involving engineering
City.
7. Provide special engineering reports
ues aadding traffic, assessment district
formation, annexation, etc., when so q
8. Administer and review issuance of encroachment and grading permits.
B. Traffic Engineering Duties
1. Give direction to and assist City staff in performing traffic studies as necessary
and/or required.
2. At the request of the City, recommend solutions to street design problems.
3. Provide traffic engineering consultation in connection with traffic circulation,
street signs, noise impact, etc.
C. Development Review Duties
1. Review proposed developments and make recommendations pertaining to
engineering considerations. This includes, but is not limited to the following:
a. Examine each tract map of each subdivision within the City, with respect to
its conformity with the tentative map or maps, any approved alterations, and
applicable City records and ordinances.
b. Examine each parcel map of each division of land within the City with respect alterat ons and
to its conformity with the tentative map or ma p s, any approved
applicable City records and ordinances.
c. Provide detailed plan checking of tract and parcel maps.
2. Check improvement plans for facilities under the jurisdiction of the City that are
prepared by private developers.
3. Establish performance and labor and material development ment required and the
require the posting of such securities and other P
proper time sequence of such development review.
4. Provide field inspection during the construction u improvements
private
developers and at the proper tim recome d notices of completion nd
acceptance of the work.
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5. Provide such necessary and related functions that are the normal practice of the
City in the City engineering review of private developments.
6. Review engineering aspects of planning applications.
7. Recommend acceptance for maintenance of public improvements to the City
Council.
D. Capital Projects
1. Assist Public Work Director in development of a capital improvement program.
2. Provide assistance in preparation of contract documents for capital improvement
projects.
3. Upon specific and separate authorization by the City, prepare plans and
specifications for capital improvement projects. The City reserves the right to bid
any project or bring in specialists when deemed necessary by the City or the
Consultant.
A capital improvement is defined as any project in which the construction is
performed by someone other than the City forces or the City's designated street
maintenance contractor.
4. Provide plan checking of and construction observation during the course of
construction of City undertaken projects.
E. Planning
1. Provide planning services to the City when requested.
F. Surveying
1. Provide field and office surveying services to the City when requested.
II. GENERAL CONDITIONS
A. Consultant agrees to provide a toll free telephone number at consultant's office to be
used by City of Dublin.
B. Consultant agrees to establish regular office hours in the City offices to the
satisfaction of the City Manager.
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C. City will provide no services for any client other than the City within the corporate
boundaries or sphere of influence of the City during the term of the agreement.
III. BLANK
IV. COMPENSATION
Consultant shall be compensated for work as follows:
A. The following work shall be charged at 75 percent of the rates shown in Exhibit A:
1. General engineering work which is performed in or from the Dublin City office by
Consultant's employees that are assigned to the City on a long-term basis. Long-
term basis employees are defined as employees assigned at a minimum of 2 - 8
hour days per week for a minimum of a 60-day period. General Engineering work
is defined as work not chargeable to private developments. This work shall
include state and federally funded CIP work. All other work shall be performed
at 100% of the rates shown on Exhibit A.
Representative work meeting the above requirements and proposed to be
performed at sectional pay rates is listed as follows:
a) Attendance of Commission and City Council meetings.
b) General Engineering work performed from the City's office.
c) Capital improvement work performed from the City's office.
d) Services related to the review, issuance and inspection of permits which are
based on an established fee and the applicant is not charged the actual cost,
and performed from the Dublin City office.
B. The following work shall be charged at the rates shown in Exhibit A:
1. Capital improvement design work,performed from the Consultant's offices and
billed on a time and material basis. Prior to proceeding with the work, a
maximum estimated budget shall be agreed to and shall not be exceeded
without approval of the City Manager.
2. General engineering work performed from the Consultant's offices.
3. Plan checking and other activities which are paid for by the private developer
and are based on an established fee. This work may be done at the City's
office or from the Consultant's offices.
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C. The City shall not pay for the cost of commuting from the Consultant's office to
the City's office for long-term basis employees.
V. COLLECTION OF FEES
All fees to be collected from any private developer, engineer, or architect in
connection with the carrying out of the functions set forth above, if collected by
engineer shall be collected in the name of the City. Engineer shall employ record
keeping measures acceptable to the City. If fees are collected by the City, engineer
shall review the appropriate ordinances and fee schedules in effect by City and shall
provide to the persons designated by the City for collection of fees, the amount of
such fees to be collected.
VI. INDEPENDENT CONTRACTOR STATUS
In the performance of the work undertaken pursuant to this agreement, Consultant
is deemed to be an independent contractor. Consultant's employees are not to be
considered employees of the City for any purpose.
VII. ASSIGNABILITY
This agreement shall not be assignable or transferable by the Consultant without the
expressed written consent of the City Manager.
VIII. OWNERSHIP OF WORK
All documents, data studies, surveys, drawings, maps and reports furnished to the
Consultant by the City, as well as reports and supportive data prepared by the
Consultant under this contract shall be considered the property of the City and upon
request at the completion of the services to be performed, they will be turned over to
the City.
IX. PERFORMANCE OF WORK
Consultant agrees to perform work as stated in this agreement to the satisfaction of
the City.
i
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X. LIABILITY
A. WORKER'S COMPENSATION: City shall not be called upon to assume any
liability for the direct payment of any salary, wage or other compensation to any
person employed by the Consultant performing services for the City. Consultant
shall provide the City with evidence that it has Worker's Compensation Insurance
Company covering all its employees.
B. GENERAL LIABILITY: Consultant agrees to provide at its own expense general
liability insurance in an amount not less than $1,000,000 and, further, name the
City as an additional insured.
C. PROFESSIONAL LIABILITY: Consultant shall assume liability for damages for
death or bodily injury to persons or for injury to property legally caused by
negligent acts, negligent errors and/or negligent omissions of Consultant or any
of its agents, officers or employees. However, this indemnity will not extend to
any liability arising out of the sole negligence or willful misconduct of the City or
the City's agents, servants or independent contractors. City agrees to immediately
notify Consultant, in writing, of any claim against City which may result in the
City seeking indemnity against Consultant pursuant to this clause. Consultant
shall provide the City with evidence that it has professional liability insurance in
the amount of$1,000,000.
XI. TERM OF AGREEMENT
The term of this agreement shall be from July 1, 1991 until terminated.e firm Oe days
may terminate the services of the engineering firm by providing
written notice. In the event of such termination, the engineering firm shall be for
compensated for such services rorated as to the percentage olf progressc ompletedlat t e. Such
work in progress would be p
date of termination.
6
If the engineering firm terminates its services to the City, it must provide the City
with written notice at least 90 days in advance of such termination. All notices to the
City shall be addressed to: .
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
All notices to Consultant shall be addressed to:
Santina and Thompson
Consulting Civil Engineers, Inc.
1355 Willow Way, Suite 280
Concord, CA 94520
Notices, as referred to above, shall be sent via Registered Mail.
City of Dublin
y
Mayor 0 rtPV��
ATT T: ,, l
-i Cler
Santina.an�T 'mpson
Consulting Cili En ers, I
By
eter F. antina, President
APPROVED AS TO FORM:
City Attorney
7
SANTINA
EXHIBIT A THOMPSONINC.
Municipal Engineering • Surveying
Railroad Engineering • Planning
HOURLY CHARGE RATES
FOR THE CITY OF DUBLIN
July 1, 1991
PRINCIPAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.50
ENGINEERING:
Project Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98.00
SeniorEngineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88.00
Associate Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74.00
Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56.50
Public Works Inspector
(includes vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82.00
Pavement Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.50
Resident Engineer
(includes vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117.00
PLANNING:
Directorof Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • 90.00
Senior Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84.00
Associate Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.00
PlannerI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.50
DRAFTING/GRAPHICS:
SeniorDrafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.00
Associate Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57.50
JuniorDrafter I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00
GraphicArtist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.00
CLERICAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33.00
SURVEY:
Survey Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90.50
Survey Supervisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5
Project Surveyor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76.50
Associate Office Surveyor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60.00
Office Surveyor I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.50
2-Man Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152.00
1-Man Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81.50
Effective July 1, 1991 to June 30, 1992
1355 Willow Way, Suite 280 • Concord, CA 94520
415-527-3200 Fax: 415-687-1011
RESOLUTION NO. -92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING NEW AGREEMENT FOR ENGINEERING SERVICES
WITH SANTINA AND THOMPSON, INC.
WHEREAS, the City Council of the City of Dublin approved an agreement
for engineering services with Santina and Thompson, Inc. , on June 24, 1991; and
WHEREAS, the City of Dublin and Santina and Thompson, Inc. , have agreed
that certain changes in the agreement are necessary as regards insurance limits,
staffing, and scope of work;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the agreement with Santina and Thompson, Inc. , which is
attached hereto as Exhibit "A" .
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement.
PASSED, APPROVED, AND ADOPTED this 9th day of June, 1992.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of July 1, 1992,
by and between the CITY OF DUBLIN, 'a Municipal Corporation ("City") , and
Santina and Thompson, Inc. , ("Consultant") , who agree as follows:
1. TERM OF AGREEMENT. The term of the agreement shall be for one
year, beginning on July 1, 1992, and ending on June 30, 1993. This agreement
shall supersede all previous agreements that Consultant has or has had with
City. City may terminate the services of Consultant by providing 30 days
written notice. In the event of such termination, Consultant shall be
compensated for such services up to the point of termination. Compensation
for work in progress shall be prorated as to the percentage of progress
completed at the date of termination. If Consultant terminates its services
to the City, it must provide written notice at least 90 days in advance of
such termination. Notices shall be provided as indicated in Section 14 below.
2. SERVICES. Subject to the terms and conditions set forth in
this Agreement, Consultant shall provide to City the services described in
Exhibit A. Consultant shall provide said services at the time, place, and in
the manner specified in Exhibit A.
3. PAYMENT. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth in Exhibit
B. The payments specified in Exhibit B shall be the only payments to be made
to Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all billings for said services to City in the manner specified in
Exhibit B; or, if no manner be specified in Exhibit B, then according to the
usual and customary procedures and practices which Consultant uses for billing
clients similar to City.
4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C,
Consultant shall, at its sole cost and expense, furnish all facilities and
equipment which may be required for furnishing services pursuant to this
Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit
C.
5. GENERAL PROVISIONS. The general provisions set forth in
Exhibit D are part of this Agreement. In the event of any inconsistency
between said general provisions and any other terms or conditions of this
Agreement, the other term or condition shall control insofar as it is
inconsistent with the general provisions.
6. EXHIBITS. All exhibits referred to herein are attached hereto
and are by this reference incorporated herein.
7. OWNERSHIP OF WORK. All documents, data, studies, surveys,
drawings, maps, and reports furnished to Consultant by City, as well as
reports and supportive data prepared by Consultant under this Agreement shall
be considered the property of the City of Dublin, and upon request at the
Agreement with Santina and Thompson
July 1, 1992
Page 1
completion of the services to be performed, they will be turned over to the
City of Dublin.
8. COLLECTION OF FEES. All fees to be collected from any private
developer, engineer, or architect in connection with the carrying out of the
functions set forth above, if collected by Consultant shall be collected in
the name of the City. Consultant shall employ recordkeeping measures
acceptable to the City with respect to collection of such fees. If fees are
collected by the City, Consultant shall review the appropriate City ordinances
and fee schedules in effect and shall provide to the persons designated by
City for collection of fees, the amount of such fees to be collected.
9. SUBCONTRACTING. The Consultant shall perform the work
contemplated with resources available within its own organization and no
portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified
in the Consultant's proposal.
10. CHANGES. City may from time to time require changes in the
scope of the services by Consultant to be performed under this Agreement.
Such changes, including any change in the amount of Consultant's compensation
which are mutually agreed upon by City and Consultant, shall be effective as
amendments to this Agreement only when in writing.
11. RESPONSIBLE CHARGE. Consultant shall assign a project
manager(s) to the project for the duration of the project. There shall be no
change in the Project Manager or members of the project team without prior
written approval by the City.
12. RESTRICTED SERVICE WITHIN CITY BOUNDARIES. Consultant shall
provide no services for any client other than the City within the corporate
boundaries or sphere of influence of the City during the term of the
agreement.
13. CONTRACT ADMINISTRATION. This Agreement shall be
administered by LEE S. THOMPSON ("Administrator") . All correspondence shall
be directed to or through the Administrator or his designee.
14. NOTICES. Any written notice to Consultant shall be sent via
Registered Mail to:
Santina and Thompson, Inc.
1355 Willow Way Suite 280
Concord CA 94520-5728
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
P. 0. Box 2340
Dublin, CA 94568
Agreement with Santina and Thompson
July 1, 1992
Page 2
Executed as of the day first above stated:
CITY OF DUBLIN,
A Municipal Corporation
By
"city"
Attest:
City Clerk
SANTINA & THOMPSON, INC.
By
Peter F. Santina
Approved as to form:
City Attorney
Agreement with Santina and Thompson
July 1, 1992
Page 3
EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
Consultant agrees to provide those general engineering services that may be
requested by City during the term of this agreement in a prompt, professional,
and workmanlike manner in accordance with the standards of the engineering
profession. All work shall be completed to the satisfaction of the City
Manager.
The general engineering services to be performed pursuant to this agreement
are as follows:
A. Administrative Duties
1. Attend meetings with City staff, public officials, community
leaders, developers, contractors, and the general public, as
required by City.
2. At the direction of City, review and comment on planning programs
and land development projects which are not only located within
the City, but also located outside the City and which may have a
traffic impact on the City.
3. When directed, supervise the accounting of State Highway User
Funds from the standpoint of meeting State requirements for the
expenditure of such funds. The City shall have final authority
regarding accounting methods and procedures.
4. Advise the City Manager as to engineering and construction
financing available from other governmental agencies and when so
directed, prepare and initiate application for such fundings.
5. Recommend ordinances and regulations pertaining to engineering
matters when requested to do so.
6. Assist the City to establish working relationships and to
coordinate with other public agencies and private utilities
involving engineering matters affecting the City.
7. Provide special engineering reports regarding traffic, assessment
district formation, annexation, etc. , when so requested.
B. Traffic Engineering Duties
1. At the request of the City, give direction to and assist City
staff in performing traffic studies as necessary and/or required.
2. At the request of the City, recommend solutions to street design
problems.
Exhibit A
Page 1 of 3
3. At the request of the City, provide traffic engineering
consultation in connection with traffic circulation, street signs,
noise impact, etc.
C. Development Review Duties
1. Review proposed developments and make recommendations pertaining
to engineering considerations. This includes, but is not limited
to, the following:
a. Examine each tract map of each subdivision within the City,
with respect to its conformity with the tentative map or
maps, any approved alterations, and applicable City records
and ordinances.
b. Examine each parcel map of each division of land within the
City with respect to its conformity with the tentative map
or maps, any approved alterations, and applicable City
records and ordinances.
C. Provide detailed plan checking of tract and parcel maps.
2. Check improvement plans for facilities under the jurisdiction of
the City that are prepared by private developers.
3. Establish performance and labor and material bond amounts when
required, and require the posting of such securities and other
development fees within the proper time sequence of such
development review.
4. Provide field inspection during the construction of such
improvements by private developers and at the proper time
recommend notices of completion and acceptance of work.
S. Provide such necessary and related functions that are the normal
practice of the City in the City engineering review of private
developments.
6. Review engineering aspects of planning applications.
D. Capital Projects
1. Upon specific and separate authorization by the City, prepare
plans and specifications for capital improvement projects. The
City reserves the right to bid any project or bring in specialists
when deemed necessary by the City or the Consultant.
A Capital Improvement is defined as any project in which the
construction is performed by someone other than the City forces or
the City's designated street maintenance contractor.
2. Provide plan checking of and construction observation during the
course of construction of projects performed by City forces.
Exhibit A
Page 2 of 3
E. Planning
Provide planning services to the City when requested.
F. Surveying
Provide field and office surveying services to the City when requested.
Exhibit A
Page 3 of 3
EXHIBIT B
PAYMENT SCHEDULE
Consultant shall be compensated for work as follows:
A. The following work shall be charged at 75 percent of the rates shown in
Exhibit B-1.
1. "General Engineering Work" which is performed in or from the
Dublin City Office by Consultant's employees that are assigned to
the City on a long-term basis. "Long term basis" employees are
defined as employees assigned at a minimum of two (2) eight-hour
days per week for a minimum of a 60-day period. "General
Engineering Work" is defined as work not chargeable to private
developments and shall include state and federally funded CIP
work.
The City shall not pay Consultant for time spent commuting from
the Consultant's office to the City's office for long-term-basis
employees.
Examples of work meeting the above requirements and proposed to be
performed at 75 percent of the rates shown in Exhibit B-1 are as
follows:
a) Attendance at Commission and City Council meetings.
b) General Engineering Work performed from City offices.
c) Capital Improvement Work performed from City offices.
d) Services performed from City offices which are related to
the review, issuance, and inspection of permits which are
based on an established fee and the applicant is not charged
the actual cost.
B. The following work shall be charged at the rates shown in Exhibit B-1:
1. Capital improvement design work performed from Consultant' s office
and billed on a time and material basis. Prior to proceeding with
the work, a maximum estimated budget shall be agreed to and shall
not be exceeded without approval of the City Manager.
2. General Engineering Work performed from the Consultant's offices.
3. Plan checking and other activities which are paid for by a private
developer and are based on an established fee. This work may be
done at the City's offices or from the Consultant's offices.
Exhibit B
Page 1 of 1
SANTIKA&:]
THOMPSON.m.
Municipal Engineering Surveying
Railroad Engineering Planning
PROPOSED HOURLY CHARGE RATES
FOR THE CITY OF DUBLIN
July 1, 1992
PRINCIPAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.50
ENGINEERING:
Project Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98.00
Senior Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88.00
Associate Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74.00
Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56.50
Public Works Inspector
(includes vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82.00
Pavement Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.50
Resident Engineer
(includes vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . 117.00
PLANNING:
Director of Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90.00
Senior Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84.00
Associate Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.00
Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.50
DRAFTING/GRAPHICS:
Senior Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.00
Associate Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57.50
Junior Drafter I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00
Graphic Artist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.00
CLER.ICAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33.00
SURVEY:
Survey Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90.50
Survey Supervisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81.50
Project Surveyor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76.50
Associate Office Surveyor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60.00
Office Surveyor I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.50
2-Man Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152.00
1-Man Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81.50
Effective July 1, 1991 to June 30, 1992
1355 Willow Way, Suite 280 Concord, California 94520-5728
510-827-3200 Fax 510-687-1011
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. 1/78) 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 of Insurance. Consultant shall maintain limits no less
than:
(1) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage.
If commercial General Liability Insurance or other form with a
Exhibit D
Page 1 of 4
July 1, 1992
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 occurrence
limit.
(2) Automobile Liability: $500,000 combined single limit per accident
for bodily injury and $100,000 for 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 $500,000 per
accident.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City.
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, 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.
(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.
Exhibit D
Page 2 of 4
July 1, 1992
(3) Professional Liability.
Consultant shall carry, and provide City with evidence of,
professional liability insurance in the amount of $1,000,000 to
protect against negligent acts, errors or omissions on the part of
the Consultant in the course of performance of the services
specified in this Agreement. City agrees to immediately notify
Consultant, in writing, of any claim against City which may result
in City seeking indemnity against Consultant pursuant to this
clause.
(4) All Coverages.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, except after thirty (30) days prior written notice
by mail has been given to the City. Consultant shall provide City
with 30 days' prior written notice of any reductions in the dollar
limits of the policy.
E. Acceptability of Insurers. Insurance is to be placed with insurers with
a Bests' rating of no less than A:VI.
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
Exhibit D
Page 3 of 4
July 1, 1992
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 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 indemnify,
defend, and hold harmless the City, its officers, agents, and employees from
and against any and all claims, demands, liability, costs, and expenses of
wahtever nature, including court costs and counsel fees arising out of injury
to or death of any person or persons or loss of or physical damage to any
property resulting in any manner from the willful acts or negligence of
Consultant, its subcontractors, agents, employees, licensees, or guests in the
making or performance of this Agreement.
Approval of the insurance contracts does not relieve the Consultant or
subconsultants from liability under 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.
12. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided
pursuant to this agreement, Contractor shall comply with all applicable State
and Federal Laws and regulations, including, but not limited to, laws and
regulations relating to discrimination and laws requiring injury and illness
prevention programs.
a: (con trac ts)\engr\agremen t
Exhibit D
Page 4 of 4
July 1, 1992
SANTINA AND THOMPSON
HOURS BY JOB CLASSIFICATION
1990 - 91 1991 - 92 TIROUGH APRIL 1991 - 92 PROJECTED TOTAL
GENERAL PRIVATE CAPITAL ASSESS. GENERAL PRIVATE CAPIT_.L ASSESS. GENERAL PRIVATE CAPITAL ASSESS.
ENGR DEVEL. PROJECTS DISTRICT TOTAL ENGR DEVEL, PROJECTS DISTRICT TOTAL ENGR DFVEL. PROJECTS DISTRICT TOTAL
PRINCIPAL 23 10.5 104 17 154.5 3 5.5 4 6 18.5 3.6 6.6 4.8 7.2 22.2
PROJECT MANAGER 0 6 34.5 0 40.5 .5 26 0 0 26.5 .6 31.2 0 0 31.8
PROJECT ENGINEER 536 311.5 287 22 1156.5 30 62 121 1 214 36 74.4 145.2 1.2 256.8
SEVIOR ENGINEER 20 108.5 426.5 7 562 8 3 71.5 0 82.5 9.6 3.6 85.8 0 O°
ASSOC. ENGINEER 33.5 260 10.5 0 304 12.5 122.5 48.5 0 183.5 15 147 58.2 0
ENGINEER I 20 89 378 0 487 0 82.5 0 0 82.5 0 99 0 0
RESIDENT ENGINEER 0 0 212 0 212 0 0 330 0 330 0 0 396 0 3yo
INSPECTOR 323.5 754 1603 0 2680.5 295 29 305 0 629 354 34.8 366 0 754.8
DRAFTING 95 71 363.5 1 530.5 3.5 0 137 0 140.5 4.2 0 164.4 0 168.6
SURVEYING 3 24 625.5 0 652.5 4 6 167 0 177 4.8 7.2 200.4 0 212.4
PLANNER 4 1 1 24.5 30.5 1 0 0 0 1 1.2 0 0 0 1.2
CLERICAL 5 6.5 102 2.5 116 2 3.5 54 1.5 61 2.4 4.2 64.8 1.8 73.2
TOTAL 1063 1642 4147.5 74 6926.5 359.5 340 1238 8.5 1946 431.4 408 1485.6 10.2 2335.2
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