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HomeMy WebLinkAboutItem 8.3 AgrmntGeorgeHomolka (2) / CITY CLERK File # D~[Q][a]-[aJ[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 4, 1999 SUBJECT: Agreement with George E. Homolka, Inc., for Dublin Ranch Assessment District Processing and Oversight Engineering Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) Resolution Proposed Agreement RECOMMENDATION: ~ Adopt resolution approving agreement FINÁt1\'CIAL STATEMENT: The proposed fee for the work is not to exceed $100,000 for a one year period. The cost of services to be provided under this agreement would be paid by the Assessment District once it has been formed and bonds sold. Preliminarily, the cost of services would be paid from deposits received from Jennifer Lin (Dublin Ranch Developer) and later reimbursed by the Assessment District, when formed. DESCRIPTION: This proposed agreement covers the Dublin Ranch Assessment District overview engineering services for an improvement assessment district that is to be formed in Eastern Dublin. The Assessment District would fund improvements to include construction of major streets including Gleason Drive, Dublin Boulevard, Central Parkway, Fallon Road, and other connecting streets; storm drain improvements and other utility infrastructure and freeway improvements needed for Development of the Assessment District Area. Participants in the Assessment District would include all land currently owned by Jennifer Lin and within the Eastern Dublin Specific Plan with the exception of Areas "A" and "D". Part of the scope of work includes preparation and coordination of the notifications and public hearings that are required to be held during formation of the District, oversight of the improvement scope of work and estimates, and process scheduling. Approval of this agreement does not constitute approval of the District itself. As noted in the Financial Statement above, the cost of services will be paid from deposits from the Jennifer Lin Developer of Dublin Ranch. Staff recommends that the City Council adopt the resolution approving the agreement. - - - - - - - - - - - - - - - - - - - - - -- - --- - - - - - -- - - - - - - - -- - - -- - -- - - - - - - - - - - - -- COPIES TO: George E. Homolka, GEH, Inc. Eric Cordoba, Cordoba Consulting, Inc. ITEM NO. ----'Jð g:\engr\cordoba\Agst engr agmt 4May99 / q) jD RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH GEORGE E. HOMOLKA, INC. FOR CONSULTING SERVICES WHEREAS, future freeway and inter-agency infrastructure is planned to be constructed as part of the development process in Eastern Dublin; and WHEREAS, an Assessment District is proposed to be formed to pay the cost of major roadway improvements, utilities and improvements relating to the construction of Gleason Drive, Dublin Boulevard, Central Parkway, Fallon Road, 1-580 interchanges at Tassajara Road and Fallon Road and storm drain infrastructure in the area; and WHEREAS, the City desires to utilize the services of George E. Homolka, Inc., to provide the city coordination and oversight of the formation of said District, construction of improvements, and related activities; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement with George E. Homolka, Inc., for consulting services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 4th day of May, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ;2 ttf j() STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of May 4, 1999, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and George E. Homolka, Inc. ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. 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 sµbmit all billings for said services to City in the manner specified in Exhibit B; or, ifno 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 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 ovm organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration ofthe project. There shall be no change in the Project Manager or members of the Agreement Page 1 of2 May 4, 1999 /7 ¿ /D ./ !) project team without prior written approval by the City. George Homolka of George E. Homolka, Inc. shall be the designated project manager. Neither shall be removed or replaced without prior written approval by the City's Contract Administrator. 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: George E. Homolka George E. Homolka, Inc. 4039 West Lakeshore Drive 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 fonn: City Attorney Agreement Pa£e 2 of 2 M;y 4, 1999 // / <0 í &;j I EXHIBIT A SCOPE OF SERVICES AND SCHEDULE Review, schedule and oversee the processing of the proposed Assessment District, to include: I) Review of petition and preparation of Council agenda statement to initiate district. 2) Review Engineer's estimates of work, assemble the initial Engineer's Report and updates from data received from proponents engineer and prepare Council agenda statement. Oversee plancheck of improvements to be constructed within the district. 3) Provide requested documentation for district processing as requested by the District Counsel and Bond Counsel. 4) Review and comment on developer's process to bid, let contracts and pay contractor's invoices, together with change orders. 5) Review soft cost claims for design and contract administration. 6) Provide cost backup and recommendations to City for processing payment requests to developer. 7) Provide Traffic Impact Fee credit analysis for work performed through Assessment District. 8) Prepare project and Assessment District closeout documents, together with City Council agenda statements. 9) Attend meetings and coordinate with Staff, developers, developers' engineers, and at City Council. 10) Prepare and maintain schedule of work and cash flow. 11) Administer and manage contracts with plan check and construction consultants. 12) Coordinate and administer the acquisition of off-site right-of-way necessary for assessment district work. This Scope does not include the hiring of Assessment District Counsel, bond Counsel, appraisers or design engineers. Exhibit A Palle 1 of 1 04729/99 5" ~ It) EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant at a rate of $125 per hour, not to exceed the total sum of $100,000 for one year of services to be performed pursuant to this Agreement. Consultant shall submit invoices on a monthly basis. 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 term of this Agreement is designated as three years, terminating on June 30, 2002; however, the services to be provided under this Agreement may be terminated without cause at any point in time at the discretion of City and/or Consultant. 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 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 04/29/99 6 ~ Ii) 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 I of I 04/29/99 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 ofInsurance. Consultant shall maintain limits no less than: Exhibit D Page 1 of 4 04/29/99 $' !'() /õ (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 dec.1ared 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, the follov"ing 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 ovmed, 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 4 04129/99 p~ /D (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) 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, reduced in coverage or in limits except after thirty (30) days prior written nQtice by certified mail, return receipt requested, has been given to the City. E. Acceptability ofInsurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. F. Verification of Covera2e. 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. G. 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. 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. Exhibit D Page 3 of 4 04/29/99 /6 q:f /D 8. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its OV,TI 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. 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. II. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 4 of 4 04/29/99