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CITY CLERK
File # D[Z2l[Q]lQ]-l3][Q]
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: September 26, 1995
SUBJECT:
Agreement with Clyde Gordon and Associates
F or Building Maintenance Assessment Study
Report by: Public Works Director Lee Thompson
EXHffiITS ATTACHED:
1) ! Resolution
2) / Proposed Agreement
RECOMMENDATION: 4/.;~ Adopt resolution
.INANCIAL STATEMENT:
A total of $6,700 has been budgeted in the Capital Improvement
Program for this study. Once the results of the study have been
received, the Building Management budget may need to be adjusted
in order to incorporate the recommendations of the study.
DESCRIPTION: The purpose of the study is to prepare a comprehensive review of
anticipated maintenance needs at City facilities, including the Civic Center, Shannon Community Center,
and the Senior Center. The study will identify appropriate ongoing maintenance frequencies, as well as
long-term replacement projections for major facility components such as boilers, air conditioning units,
carpet, flooring, and so forth.
The City has made significant investments in buildings which serve different needs. In order to provide for
an appropriate level of maintenance, it would be beneficial to have a complete inventory of City facilities
and the expected maintenance cycle (i.e., painting frequencies, preventive maintenance frequencies, etc.).
The study will assist Staff in recommending the appropriate level of contract building maintenance services
on an annual basis. The study will also contain a long-term component, which will present projections of
life cycle costs on major components within the building. This will assist the City in proper planning of
financial expenditures related to replacement of major building systems.
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COPIES TO:
Clyde Gordon
ITEM No.M
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Staff attempted to obtain proposals from qualified firms who perform this type of work. After researching
sources such as the Building Owners and Managers Association, only three reasonably local firms were
discovered and were sent copies of the Request for Proposal; two others were located on the east coast.
The only proposal received was from the firm of Clyde Gordon and Associates. Mr. Gordon has
considerable experience in assessing the condition of various types of facilities and component equipment
and in recommending and preparing preventive and predictive maintenance schedules and budgets.
Staff recommends that the City Council adopt the resolution approving the agreement with Clyde Gordon
and Associates.
Page 2
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RESOLUTION NO. -95
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEMENT WITH CLYDE GORDON AND ASSOCIATES
FOR FACILITY ASSESSMENT STUDY
WHEREAS, the City's investment in its buildings warrants development of timely
maintenance and/or component replacement schedules; and
WHEREAS, preparation of the annual budget and work program would be facilitated by
said maintenance and replacement schedules; and
WHEREAS, the firm of Clyde Gordon and Associates provides the expertise to develop
such schedules and budgets; and
WHEREAS, the 1995-96 update to the City's Capital Improvement Program includes a
project to perform a facility assessment study;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
approves the agreement with Clyde Gordon and Associates for a facility assessment study.
.agreement.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
PASSED, APPROVED, AND ADOPTED this 26th day of September, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
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TillS AGREEMENT is made at Dublin, California, as of September 26, 1995, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and Clyde Gordon and Associates
("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
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.
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.
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5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. SUBCONTRACTING. The Consultant shall perform the work contemplated with
resources available within its own organization and no portion of the work pertinent to this contract shall
be subcontracted without written authorization by the City, except that which is expressly identified in the
Consultant's proposal.
7. CHANGES. City may from time to time require changes in the scope of the
services by Consultant to be performed under this Agreement. Such changes, including any change in the
amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be
effective as amendments to this Agreement only when in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the
project for the duration of the project. There shall be no change in the Project Manager or members of the
project team without prior written approval by the City. The Project Manager for Consultant shall be
Clyde Gordon.
9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S.
THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
Agreement
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09/19/95
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Attest:
10. NOTICES. Any written notice to Consultant shall be sent to:
Clyde Gordon and Associates
1905 Santa Fe Street
Oakley CA 94561
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"
City Clerk
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By
"Consultant"
Approved as to form:
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Agreement
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09/19/95
City Attorney
EXHmIT A
SCOPE OF SERVICES AND SCHEDULE
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PER PROPOSAL ATTACHED
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Exhibit A
Page 1 of 1
PROPOSAL TO CITY OF DUBLIN, CALIFORNIA
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CONDITION ASSESSMENT. PLAN AND BUDGETS FOR CIVIC CENTER
PURPOSE OF WORK PROPOSED
The purpose of the project proposed is to provide the City of
Dublin, CA Public Works Department with objective data and
recommendations regarding long range and operational maintenance
and planning.
SCOPE OF WORK
The scope of work is proposed in modules, initially only for the
Civic Center (Administrative and Jail) building, but may be
extended to other buildings: Senior Center, Shannon Center and
Swim Center - at the option of the City (see fee schedule). The
modules are:
1. Condition Assessment
2. Maintenance Plan
3. Replacement Budget
4. Building Operation and Maintenance Budget
. CONDITION ASSESSMENT
Consultant shall examine and render an opinion as to the
operating condition and remaining useful life (RUL) of:
Rooftop HVAC equipment
Other mechanical and electrical equipment
Flooring, carpeting, wall coverings, ceilings and other
finishes
The condition ass~ssment wi~l be expressed in a report as a
deliverable. The report will indicate, based on observations and
simple nondestructive tests as appropriate, the current condition
compared to an expected (normal) condition for the age and
operating environment of equipment or finishes. Each item of
equipment and general category of finishes by location shall be
assigned an estimated remaining useful life (RUL).
MAINTENANCE PLAN
Consultant shall prepare a plan for preventive maintenance and/or
other recommended actions as appropriate for:
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HVAC equipment
Electrical distribution system and components
Other mechanical equipment
Page 1
PROPOSAL TO CITY OF DUBLIN, CALIFORNIA
The maintenance plan will be expressed in a report as a
deliverable that includes, but is not limited to, the following:
Preventive maintenance instructions
Annual schedule of preventive and planned work
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The report shall be comprehensive of the items listed above.
REPLACEMENT BUDGET
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Based upon the Condition Assessment report described above,
Consultant shall prepare a replacement budget which indicates
timing and approximate costs for replacement of items according
to their RUL. THe replacement budget report as a deliverable
shall indicate by fiscal year the category of equipment/system
and budget cost (in 1995 dollars) to replace items listed in the
Condition Assessment report.
BUILDING OPERATING AND MAINTENANCE BUDGET
Using a mathematical model originally developed by Consultant for
public colleges and universities, Consultant shall prepare a
detailed report as a deliverable that expresses budgetary annual
effort (in manhours and 1995 dollars) expected for maintenance of
the building. The report will detail expected preventive
maintenance and repair costs for similar facilities based on
standards developed for each category of inventory. Major
categories include:
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Exterior structural systems
Interior structural systems
HVAC systems
Miscellaneous mechanical systems
Electrical systems
Plumbing systems
The work under this scope includes acquisition of data,
customizing the model, and interpreting results. The report will
include standards and calculations as well as summary results.
NECESSARY SUPPORT FROM CITY
Necessary support from the City includes the following:
a. Blueline or photo copies of building drawings, and any
other files or helpful data for at least the Civic
Center building, ready for use when Consultant arrives
on site.
b. If City internal procedures require escorting people on
site, such escort should be available when Consultant
arrives. At a minimum, a knowledgeable person should be
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Page 2
PROPOSAL TO CITY OF DUBLIN, CALIFORNIA
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available to direct our person(s) to equipment rooms and
other pertinent spaces.
.FEES. SCHEDULE AND DELIVERY PROPOSAL
We propose a firm cost for each module of this project as
described above. Because other modules build off work in the
Condition Assessment module, it must be included in any
combination accepted. Our minimum fee, regardless of modules
accepted is three thousand five hundred dollars ($3,500).
FEES:
Module
Condition Assessment
Maintenance Plan
Replacement Budget
Buildin~ O&M Bud~et
Totals proposed
Fee
Civic Center
$1,350
$1,150
$1,150
$1.000
$4,650
Only
Other Buildings *
$ 600
$ 500
$ 500
$/ 450
$2,050
* Other buildings are:
Shannon Center
Swim Center
Senior Center
.schedUle and Delivery
We are prepared to begin work on this project within five (5)
working days from receipt of notice to proceed. Entire scope of
work should be finished within an sixty calendar days.
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Page 3
EXHffiIT B
PAYMENT SCHEDULE
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City shall pay Consultant an amount not to exceed the total sum of Six Thousand
Seven Hundred Dollars ($6,700) for services to be performed pursuant to this Agreement.
The total sum stated above shall be the total which City shall pay for the services
to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum
for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this
Agreement
City shall make no payment for any extra, further or additional service pursuant to
this Agreement unless such extra service and the price therefor is agreed to in Writing executed by
the City Manager or other designated official of City authorized to obligate City thereto prior to
the time such extra service is rendered and in no event shall such change order exceed twenty-five
percent (25%) of the initial contract price.
The services to be provided under this Agreement may be terminated without
cause at any point in time in the sole and exclusive discretion of City. If the Agreement is
terminated by City, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. In that event, all 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.
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Exhibit B
Page 1 of 1
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EXHffiIT 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
09/19/95
EXHmIT D
GENERAL PROVISIONS
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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.
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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 oflnsurance. Consultant shall maintain limits no less than:
(2)
(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 project/Iocation or the general
aggregate limit shall be twice the required occurrence limit.
Automobile Liability: $750,000 combined single limit per accident for bodily
injury and property damage.
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Exhibit D
Page 1 of4
09/19/95
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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 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.
(3)
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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.
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.
(b)
( c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
(d) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(2) Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City. .
(3) All Coverages.
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Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no
less than A: VIII.
E.
Exhibit D
Page 2 of 4
09/19/95
F. Verification of Coverage. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause. The certificates and .
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
H. The Risk Manager of City may approve a variation of those insurance requirements upon a
determination that the coverages. scope, limits and forms of such insurance are either not
commercially available or that the City's interests are otherwise fully protected.
5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right' or obligation
pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving
notice from City of such desire of City, cause the removal of such person or persons.
8.
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 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.
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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 own
fraud, willful injury or violation oflaw 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 subconsuItants from
liability under this paragraph.
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Exhibit D
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09/19/95
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.
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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.
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Exhibit D
Page 4 of 4
09/19/95