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HomeMy WebLinkAboutItem 4.08EarthSystemCnlstntAgrm (2) /:' . J/ \ f /~)"\ \ ' . , ',' . t., .~" 1\ '(.,' ~ ,I","~. t'¡ \ ¡...' ....'. \ V .) ~ t, "'., ' <.1'.\ r' ~/ ~¡j . J' ¡.:<,>:;/J \,~v(I", \r\ V AGENDA STATEMENT c. t(~/ 'yt CITy'-êOUNCIL MEETING DATE: May 20,1997 CITY CLERK ~ # D~[Q]ØJ-[jJ[Q] SUBJECT: Approval of ConsuIting Engineering Service Agreements on an As-Needed Basis for Overflow Services in the Public Works Department Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) Resolution 2) Consulting Engineering Service Agreements for Earth Systems Consultants and Zumv,raIt Engineering Group I RECOMMENDATION: 1) Approve 1997-98 consuIting Engineering Service Agreements with Earth Systems Consultants for soils engineering and Zumwalt Engineering Group for civil engineering 11V92) Authorize City Manager to execute Agreements FINA1'\CIAL ST A TE1\1ENT: AIl charges are to be funded through direct developer fees/or Capital Improvement Projectsjand for budgeted Staff augmentation. ConsuItant services wiIl be budgeted in the 1997-98 budget as anticipated. Budgeted amounts for consuItant engineering services are $100,000 per year. Contracts wilJ be for a one-year term. . . V~~SCRlPTION: With the acceleration of new developnJent projects in both West( .1 and Eastem Dublin, the Public Works Department has contracted with numerous outside consulting firnls on a project-by-project basis. .A.nticipated workloads over the next few years dictate that the Public Works Department retain ongoing consuItant firms to handle overflow work in the areas of soils engineering and civil engineering. Staff time constraints, the desire of the City Council and Planning Commission to move projects expeditiously, and the availability of the consultant firms when services are required dictates the need for outside services. Prime criteria for the recommended fim1s are as folJows: -------------------------------------------------------------------.- COPIES TO: Earth Systems ConsuItants Zumwalt Engineering Group . ITEM NO.---1.S g:r f enmisc\csltagre.doc · Knowledge in the range of needed services · Ability to respond in a timely fashion · Track records of working effectively with City Staff · Knowledge of development issues in grO\vth areas · WiIlingness to work on an "as-needed basis" on short notice .. The primary function of the soils engineering consultants wilJ be to perform peer reviews of soil and geologic studies submitted to the City for private development projects. Additional duties may include field investigations, testing and inspection, and reviews of grading plans. Earth Systems Consultants has a proven track record of performing sound work on projects common to Dublin (large scale Planned Developments, Subdivisions and Site Development Reviews). This process wilJ be implemented through conditions of approval for each project. Last year, the Council approved Consultant Agreements for three other Soils Engineering firms. Over the past year we have discovered that one of the firms would frequently be hired to perform Soils Engineering by Developers. Adding another Soils Engineer will give the City a wider range of choices in performing peer reVIews. The City currently contracts with only one civil engineering finn. With the acceleration of development within the City, it is necessary to add a Civil Engineering firm to provide temporary Staff augmentation, perform planchecking services and assist with Capital Improvement Projects. It is important to note that each of these contracts contains provisions that the consultants will only '. . . perform work on a time-and-expense basis at the direction ofthe Public Works Director. No work will be done without express permission, and all costs will be charged to the Public Works Department budget in accordance with costs associated with an individual project. These standard consulting engineering services agreements have been reviewed and approved by the City Attorney. The hiring of these consultants is in accordance with Section 2.36.050 ofthe Dublin Municipal Code. 1 Staff reconmlends that Council approve Consulting Engineering Service Agreements with Earth Systems Consultants for soils engineering services and with Zumwalt Engineering Group for civil engineering services on an as-needed basis and that the City Manager be authorized to execute these Agreements. . . . . Page 2 . .: -- -- . 0.-. . RESOLUTION NO. - 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH EARTH SYSTEMS CONSULTANTS TO PERFORM SOILS ENGINEERING, AND 'WITH ZUMWALT ENGINEERING GROUP TO PERFORM CIVIL ENGINEERING RELATED TO DEVELOPMENT PROJECTS \VHEREAS, the City of Dublin is experiencing significant increases in new development applications; and \VHEREAS, teclmical studies in both soils engineering and civil engineering are required to assess the impacts of these new developments; and WHEREAS, Staffhas determined the necessity of hiring technical support to provide peer reviews of soil and geologic studies; and WHEREAS, Staffhas determined it more expeditious and cost effective to conduct civil engineering pI an check under Staff direction; and \VHEREAS, Earth Systems Consultants has demonstrated adequate ability to perform the geotechnical duties required; and \VHEREAS, Zumwalt Engineering Group has demonstrated adequate ability to perform the technical civil engineering required, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the agreements with the above mentioned firms. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements. PASSED, APPROVED AND ADOPTED this 20th day of May, 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: !S'i'U~~IT -L ~ . & t::'-:\ , . .f':it,N.' i" .~ ~~.\!y~ . bi 'e:.i lC5~" City Clerk I STANDARD CONSUL TING ENGINEERING SERVICES AGREEMENT .~:~ THIS AGREEMENT is made at Dublin, California, as of and between the CITY OF DUBLIN, a municipal corporation ("City"), and EARTH CONSULTANTS NORTHERN CALIFORNIA ("Consultant"), who agree as follows: , 1997, by SYSTEMS 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this AiSreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall QI. 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, it no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the 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 ternl 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 . II~h r-;:sources available within its own organization and no portion of the work pertinent to this contract s!-.all 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 . Agreement Page 1 of2 05/14/97 ~\iR"" .~'.~ 1=- ~'':,-2 ~ R F~: ..?~ :.tl'""'-:' LJ~.-'" ~<. -, .:Q:;!. ;:J~.""'.':. ~ . >:,,-;. '" ~ ,q ~;; } ~ >c:.~r""""-~ . "'-a<; e;~~ Wi z. :J.. . . . team without prior \vritten approval by the City. The Project Manager for Consultant shall be BRUCE GA VIGLIO. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEt: S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his or designee. 10. NOTICES. Any written notice to Consultant shall be sent to: Earth Systems Consultants Northern California 47853 Warm Springs Blvd. Fremont CA 94539 Any \vritten notice to City shall be sent to: Lee S. Thompson Director of Public W orkslCity Engineer P. O. Box 2340 Dublin, CA 94568 Executed as ofthe day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk By "Consultant" Approved as to form: City Attorney Agreement Page 2 of2 05/14/97 5 ...... - EXHIBIT A SCOPE OF SERVICES AND SCHEDULE To provide general Civil Engineering service which includes design and management of Public \Vorks projects, plan check services, support staff and attend meetings as requested. Consultant shall provide the City with a not-to-exceed fee on a project by project basis for design projects. Exhibit A t.{ Page 1 of 1 . .. . . EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant an amount not to exceed the total sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of project or monthly based on the cost for services perfornled in accordance with the Charge Rate Fee Schedule(s) (Attached). 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 serv~.;es to be provided under this Agreement mcY 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 finished 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 time sheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs \vhatsoever under the ternlS of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. .. Exhibit B Page 1 of 1 ~ 05/14/97 ~ Earth Systems Consultants \~ Northern California FEE SCHEDULE (Effective March 31, 1997) 47853 Warm Spri~~S BlVd....... Fremont, CA 94539-7400 . (510) 353-0320 FAX (510) 253-0344 BASIS OF CHARGES . 1. The following schedule presents typical TStcs for professional and tcchnical services in the fields of geotechnical engineering, engineering geology and environmental consulting:. If desired. services can re contracted on a negotiated. fixed-fee basis. 2. Listed are typical charg~s for the services most frequently performed by Earth Systems Consultants ~ortb.ern California. Prices for unlisted services, as well as special quotations for programs involving volume work, will be given upon request. .;. Minimum fee for professional services (not testing) is $400.00. 4. Field services for Engineers, Geologists. ScientisTS and Technicians are biIled portal-to-ponal, in acrordmice with the following minimum charges. Nuclear density gauge charged at $4.00 per hour. --2 hours minimum charge for inspections, consultations, sampling. or show up time: --4 hours minimum charge for services in excess of 2 hours in one day: --8 homs minimum charge for services in excess of 4 hours in one day. 5. Saturday and overtime hours for personnel are at time and one-h:l\f: Sundays and holidays are at double time. Night shifts are at 12-1/2% premium pay. 6. Invoices will be submined ar the completion of work. or at two-week intervals. Invoices are payable upon presentation. Invoices thiny ~ys past due will be subject to a service charge of One and one-half percent per month. 1:>E~$ONNEL Hourlv Rare .' Non-Technical Assistant....... ........... .... ........ ..... ......__ __.. ...__..... .....__.. ...__ .......__. ........................ $42.00 - ..:.. Word Processor............... __. ____.............__ __.... ____.. __....__........"......................... ....................n ... $45.00 Technical Assistant. __..... __. n" ........ ....... __... __..... ...__ __......................................................... n... S53.00 Drafterrrechnical Aide__.__......... ____. __........................................................-- n" ......................... S58.00 T cchnicinn. ................. ................... .......................... ............... .........n...............__n...__...... .... $68.00 Senior Technician............................................................. n........... __................... ..n__... --... --.. $74.00 Assistant Engineer/GeologlstJSci~ntjst............................... ....... .__.. .....m..m....___ .___..... .__........... $79.00 Staff Engineer/GeologisuScientist....................... ........ ....... ___ __... ........ ..............__...................... S84.00 P . . E 0" IG I c' uS' . sa 1 00 rO)l:l;t nelneer: eo 0",15 cl>:ntlst.......................--....... -- -- --......--. --............ --..--...................... ". S,' l? . , E' IG 1 . uS' . $9-, 00 t;nlor rejeCt ngmeer: eo OglS clenust.........................--....--..................------....---............... . S . E~' ICe I . tiS' . S 10" 00 enlor nglneer 0 ogls Clennst .................--........ .....--. --.....--.--..... -- --..................................- ;). Project Manager...................................................... ...__...... __... __..... __......... ..__.. ...h................. $115.00 Senior Project Manager..... .... .... ...... ...... .................. ..... ..'" ............. ..... ...............__....__ ............) 125.00 Principal Engineer/GeologisuScienrist ............................ .'__ ___.. _________ __ __ ......__....___....... .-........ .... S 130.00 ConsultnnL........ ...h. h' __...................... ......... .......... ........__.....__ __..._.. .....____. ...__. ...... ....n.__ ......$140.00 Senior Consultant. ._............... ................................. .... _...... ........__.. ...__.......................... ----... .$150.00 SUBCO~~~CTSERVJCES Subcontract services are charged at cost plus 207'e. Thcse include:. bur are not limited to. consultants' fees. equipment rental (such as drilling, bulldozing, trenching and special access equipment). fI"~ight. outside laborarory tests, aenal photographs. permit fees and incidental e:r;penses. OTHER CHARGES I. Mileage is billed at the rate of S0.40 per mile for C<lrS and light vehicles (minimum daily charge S8.00 for field work). 2. Deposition. H~aring and Coun Appearances (as Expen Witness) are listed on ;1 supplemental fee scheduk. . Travel. standby 3nd preparation time at applicable personnel ratcs. '. _: 3" Out of town travel and expenses will be charged at COSt plus 209i:. 4, Report copies $25.00 pcr copy (minimum). & ~ n II0i 1= Qrl-Jr . ..:: . 1 SPEC1AL FIELD SE;RVTCES Geophysical work.. pile load tests. vane shear testS, piezometer installations. slope indicatOr insl2.11ations and other special tests will be quoted at standard engineering rates. plus cost of equipment. ENV1RONMt.t"''TAL SERVICES Rates for environmental sampling, safety, and testing equipment are listed en a supplementAl f~ schedule. All rentals or purchases of required equipment and supplies. as well as subcontraCted services, will be invoiced at cost plus 20%. Lt~~OR-" TORY TESTS Atterbcrg Limits: a. Liquid Limit or Plastic Limit .................................................................. 572.00 b. Plasticity Index............ ........................ ............ ...................... ........... ...$143.00 C.B.R. and Expansion. cohesionless soil (3 points) ...........................................................................$430.00 C.B.R. and Expansion, cohesive (3 points) .. ............................... ........................... ............. .............$495.00 Compaction Curves: a. Sl3ndard................... '" .... ........ ........... ........:...................................... ..$125.00 b. ~iodified. 4" Mold .... ........... ........... .... ...................... ............ ............ ....S 148.00 c. Modified. 6" Mold....... ................ ............. ....... .................. ............... ....S 198.00 d California Impact ...... .............. ............... ............................................. .$152.00 e. Check Point (one) ........... ................................................ ............. ......... 590.00 Concrete Slab Moisture Test........ ...... ........................ ........................ ......... '.' ............. ..................$125.00 Consolidn.tion, per load increment (timed) ............ ......................... .... .................h.... ......................... $46.00 Consolidation. per load increment (untimed)........... ..... ........... h....... ................ ...m.............. .............. 524.00 Corrosion Test (Williams Corfield).............................. ...m.......... ........m..... .......... ....................... ...$150.00 CTB. (Cement Treated Base) Compressive Strength TcsL (per point) ....................m............................ 558.00 Direct She<U' (consolidated). per point.......... ......... ......... ............. ........................... ........................... 587.00 DireCt She:rr (quick). p~r point ............. ................. .................. ...... ..................... ...... ......... ......... ..... S49.00 Direct Shear (residual) .............. ................. .......................................................... .......................... Hourly Dur:>.bility per fr.lction.. ........ ...... ......... .......................... ............ .................. ....... ....... .... ...............$ 128.00 Dynnmit; Testing-..... ........................................................................................... .......... ...Pric~s on Request Expansion Index Test (Uniform Building Code St~nd:ud 29-2)........... ................. ..... ............. ................5138.00 ~bor:>.tory Technician (Sample Preparation)...................................... .... ............ .......... ...................... $68.00 Lime lpH)..... .............. .......... ........... .............. .......... ..... ..... ....... .... ........... ......... ..... ....................5 160.00 Long H)'dromt:tcr Analysis (Assumed Sp. Gr.) with 100 \\.':tih.h..........................................................S175.00 Long Hydrometer Analysis (A..)sum~d Sp. Gr.) without 200 wash.........................................................$130.00 :.-Ioisture Determination and C nit W cighL....... ............. ......... ............ .......... ..m.............. ........ ......... S 15.00 :Vloislure Only................,............ ..~ ....... ................................. ........ ......... n." ........ ....................... S 1 0.00 Perme:lbility Test:;.. .............. ..... ..... .........................:....................... ............ ........... ............... ..... h Hourly R. Value. CalifomiZl State HighW;l.y/Sct of 3, (no ndditiv~:iI...................h............................................S205.00 R. Value. CaliforniOl StOlte Highway/Stt of 3. cemc::nt, lime or other additi....cL...........m..........................S225.OO Sand Equivalent........... ..... ........................................ ..................... .............................................. SS5.00 Short Hydrometer Analysis (without Sp. Gr.) ......... ...... ............ ....... .............. ....................... no .......... S80.aO Sieve .-\nal ysis wi th 200 wash........ __................................__.......................,............................ u ......583.00 5j.:v~ Analysis withoul :!OO w;lSh............ ....................., .......... ..... ..... ........, .....................................560.00 Sp~cili!; Grilvity (Clay)..................................................................................... .... ..................u..... 590.00 Sped fie Grn.vity (Sand and Gr:l\'~l).................................. .................... no...... u." .u............................ 573.00 5 wc II T ~ st. 3-point with plOt........................................... .......... ............................................... .. ..$135 .00 5 \V~ 11 T cSt. per point.... ..u................................ __......................................... .u.............................. 565.00 T naxial Shear........................................ ................... .... ..u......... __ ................ ........ ........... Prices on Request lincon fined Compression (untreated) . ........ ................................ ........................... ............................570.00 Uneonrincu Compression (lime tieated m:ll~rial) C:lltrans Test 373 ....................................-.................5295.00 CONCRETE. ASPBAL T ~\l.-\SONRY & STEEL TESTr."G ................................................. Prices on Request 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. -- .... 1 Exhibit C Page 1 of 1 05/14/97 .. .. . . .' 4. -- -- .~ '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 acknowledges 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. .., .J. 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 and in accordance with the standards of the Consultant's profession. 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 age:".::;:;, representatives, employees or subcontractors. The cost of such insurance shall be included in ,ne 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". (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Exhibit D Page 1 of 5 05/14/97 B. Minimum Limits ofInsurance. 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 general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. . (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1 ,000,000 per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option ofthe City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment 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, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -- (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. :. Exhibit D Page 2 of 5 05/14/97 /0 . .. -- ..... .:: (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. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior \\'Titten notice by mail has been given to the City. E. Acceptabilitv 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. CONSUL T ANT 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. Exhibit D Page 3 of5 05/14/97 / I -- 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 tern1 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 nonnally 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 sub consultant, to the City, to City officers and employees, or to parties designated by the City, to the extent caused by the negligent performance or character of the work, unforeseen difficulties, accidents,. occurrences or other causes predi~ated o~ active or passive negligence of .., the Consultant or of hIS sub consultant. Consultant shall mdemrufy, 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 to the extent caused from the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its ovm fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties 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. City agrees to indemnify, defend and hold harmless consultant, its representatives, employees and officers against all damages, claims and losses, including defense costs, arising out of the use of any plans, specifications, data or other material prepared by Consultant under this Agreement that is altered and/or used for any other purpose than that intended without the express written consent and approval of consultant. . Exhibit D Page 4 of 5 05/14/97 I~ . .' ....... -- . ,s 11. 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. 12. 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. Consultant shall perform work as designated by City. All reports or other documents prepared by Consultant shall specify the scope of work to be performed. City shall use all reports and other documents for the purposes and/or projects specified in the scope of work. At the request of City, Consultant shall review any report or other document previously prepared by Consultant to determine its applicability to a different project or for a different purpose. Exhibit D Page 5 of5 05/14/97 STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT . THIS AGREEMENT is made at Dublin, California, as of , 1997, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and ZUMW AL T ENGINEERING GROUP ("Consultant"), who agree as follows: 1. SERVICES. Subject to the ternlS 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 marmer be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultarlt 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 st,.ll 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 ~y Consultant to be performed under this Agreement. Such changes, including any change in the amOll...T1'; 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. Agreement Page 1 of2 05/14/97 11 ....~ .: .:. ...... ..... .: I~ team without prior \\Titten approval by the City. The Project Manager for Consultant shall be JAMES W. ZUM\V AL T. 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. 10. NOTICES. Any written notice to Consultant shall be sent to: Zumwalt Engineering Group One Annabel Lane, Suite 110 San Ramon, CA 94583 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk By "Consultant" Approved as to form: City Attorney Agreement Page 2 of2 05/14/97 s= Jt EXHIBIT A SCOPE OF SERVICES AND SCHEDULE To provide general Civil Engineering service which includes design and management of Public \Vorks projects, plan check services, support staff and attend meetings as requested. Consultant shall provide the City with a not-to-exceed fee on a project by project basis for design projects, Staff augmentation, and for planchecking services. Exhibit A Page 1 of 1 05/14/97 .- e: . . e:, -- -- .,: 11 EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant an amount not to exceed the total sum of ONE HlTNDRED THOUSAND DOLLARS ($100,000) for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of project or monthly based on the cost for services performed in accordance with the Charge Rate Fee Schedules (Attachment A). The Municipal Staff Augmentation 1997 Charge Rate Fee Schedule (Attachment B) will apply to assignn1ents in which Consultant serves as an extension of City Staff at City Offices or at Consultant's office. The 1997 Charge Rate Fee Schedule will apply to design projects on a not-to-exceed basis. 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 tem1inated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option 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 B Page 1 of 1 05/14/97 ATTACHMENT A " . ZUMWALT ENGINEERING GROUP 1997 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. PERSONNEL SERVICES PRINCIPAL SUPERVISING ENGINEER SENJOR ENGINEER ASSOCIATE ENGINEER ASSISTM'TENGINEER FIELD REPRESENTATIVE TECHNICIA.N' / CAD OPERATOR CLERICAL / OFFICE SUPPORT TWO-MAN SURVEY CREW $110 HR 100 HR 90 HR 80 HR 70 HR 65 HR 60 HR 40 HR 155 HR e: Rates for individuals may vary depending on the service performed. EFFECTIVE THROUGH DECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES L Thirty-five cents (.35) per mile for use ofvehicles. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles carrying field equipment or used for field inspection and supervision, C. OUTSIDE SERVICES - I. Invoi ce cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES L The invoice cost ofmaterials, supplies, reproduction work, and other services procured by Zumwalt Engineering Group from outside sources, plus a handling charge of 15%. All out-of-pocket expenses not included in Items A., B and C will be included in this category. 13 .' .' .. -- -- . I q ATTACHMENT B ZUMWALT ENGINEERING GROUP MUNICIPAL STAFF AUGMENTATION 1997 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. MUNICIPAL STAFF AUGMENTATION SERVICES PRINCIPAL PROJECT MANAGER PROJECT ENGINEER/SURVEYOR STAFF ENGINEER FIELD REPRESENTATIVE TECHNIClWlCAD OPERATOR CLERICAL I OFFICE SUPPORT ENGINEERlNG INTERN $ 80 HR 75 HR 70 HR 60 HR 60 HR 45 HR 35 HR 22.50 HR EFFECTIVE THROUGH DECEMBER 31, 1997 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES 1. (Deleted) C. OUTSIDE SERVICES L Invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical:firms engaged in connection with the order, plus 15% handling charge. , D. MISCELLANEOUS EXPENSES L The invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt Engineering Group from outside sources, plus a handling charge of 15%. All out-of-pocket expenses not included in Items A, B and C will be included in this category. 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 05/14/97 .AD . '. ',. . .: 4. -- -- .:- ,?,f EXHIBIT D GENERAL PROVISIONS L 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, pernlits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. .., ,). TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE 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 agerli.:S, 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) cover;.lg comprehensive General Liability and Insurance Services Office form nunlber 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. Exhibit D Page 1 of 5 05/14/97 B. Minimum Limits ofInsurance. 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 danlage. 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 occurrence limit. .:, (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and propeliy damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$l,OOO,OOO per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option 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, tIle e:, 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) .A.ny failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. .' Exhibit D Page 2 of5 05/14/97 2J- .' e: --..-. .' ;'5 H. (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 perforn1ance of the services specified in tllis Agreement. (4) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced 111 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. Acceptabilitv 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 tl'< '~e received and approved by the City before work commences. The City reserves the ri!;ht to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONSUL T ANT 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. Exhibit D Page 3 of 5 05/14/97 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. ST ANDARD 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 instrunlents 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, on accOlmt of the negligent performance or character of the work, unfores :':n 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 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 hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he hasread and understands the provisions hereof and that this paragraph is a material element of consi derati on. Approval of the insurance contracts does not relieve the Consultant or sub consultants from liability under this paragraph. r 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 . Exhibit D Page 4 of 5 05/14/97 :;.'1 e:" .> -- -- .~- ),5 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 \\Titten 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. Consultant shall perform work as designated by City. All reports or other documents prepared by Consultant shall specify the scope of work to be performed. City shall use all reports and other documents for the purposes andlor projects specified in the scope of work. At the request of City, Consultant shall review any report or other document previously prepared by Consultant to determine its applicability to a different project or for a different purpose. Exhibit D Page 5 of5 05/14/97