HomeMy WebLinkAbout4.07 OmniMeansAgmtAmend -,-,- CITY CLERK
~'~ AGENDA STATEMENT
-- CITY COUNCIL MEETING DATE: A'UgUst 3, 1-999
SUBJECT: Amendment to Agreement with Omni-Means
for Traffic Engineering Services
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS: 1) Resolutioii ~d pi6pb'sed'-~en~eiit
2) Letter from omni:Means
3) Current Agreement and Amendment
RECOMMENDATION: Adopt resolution approving amendment to agreement and authorize
Mayor to execute amendment.
FINANCIAL'STATEMENT: Under this' agr6ern~nt, OmnizMeans provides general traffic
engineering services to the City based on the adopted rate schedule.
Types of services performed would typically be peer review or
preparation of traffic studies associated with development projects.
The cost of the service would be budgeted in the Engineering
Operating Budget and the cost charged to developers. According to
the letter submitt_ ed by Omni-Means, they propose to increase their
rates in each classification from their rates charged in 1998-99.
Based on hours utilized by personnel classification, the net effect of
the rate change is approximately a 5.7% increase, which is slightly
higher than the latest Consumer Price Index rate of increase. A
portion of the increase is due to the promotions of two of the
personnel that work on the City's projects, moving them into a
higher compensation bracket. In addition, Omni-Means has not
increased its rate schedule since May 1997. Under this amendment,
it is also proposed to extend the contract for two years and allow the
consultant to request an adjustment of rates for the second year,
subject to City Council approval.
DESCRIPTION: The agreement with Omni-Means was initially approVed in May of 1997
and was subsequently extended through the 1998-99 fiScal year. This year, Omni-Means has provided
transportation studies and peer review for development in eastern Dublin.
...................... COPIESTO:" ~bi~ee'~is~0~n~"~i-Means
ITEM NO.
g:\en~\omni\agstamnd99
Omni-Means is proposing a rate schedule increase for Fiscal Year 1999-2000, for individuals who
typically perform services for the City. The Traffic Engineer I and 2 positions listed for 1998-1999 have
been promoted to Traffic Engineer 2 and 3 respectively. For continuity, the same staff members will still
be working on the City's projects. Staff is proposing that the agreement be extended for a two-year period
and to allow the consultant, to .request an adjustment of rates for the second year of the term, subject to
approval by the City Council. Under this agreement, Staff would typically obtain a not-to-exceed
proposal from OmnirMeans for each specific traffic study or project. The cost of private development
review work is paid by developers.
The work provided to date by Omni-Means has been satisfactory, professional, and competitive, and Staff
recommends that the City Council approve the amendment to the agreement.
Page 2
RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES
WITH OMNI-MEANS
WHER_EAS, the City Council of the City of Dublin approved an agreement for traffic engineering
services with Omni,Means, on June 11, 1997; and
WHEREAS, the term o£said agreement was extended to June 30, 1999; and
WHEREAS, Omni-Means has requested a rate adjustment for certain pei-sonnel classifications;
and
WHEREAS, the term of the agreement is proposed to be extended until June 30, 2001, allowing
Omni Means to request an adjustment of rates for the second year of the term;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the amendment to the a~eement (ex-tension of term and adjustment of rates) with Omni-Means,
which is attached hereto as "Exhibit A."
BE IT FLrRTHER RESOLVED that' the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 3rd day of August, 1999.
AYES:
NOES:
ABSENT:
ABST.~-N:
Mayor
ATTEST:
CiD' Clerk
g:\en~\omni~resoamnd99
EXHIBIT "A" OF RESOLUTION -99
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN'AND OMNI MEANS
FOR TRAFFIC ENGINEERING SERVICES
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Omni-Means (hereinafter
referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering
services to CITY; and
~rI-IEREAS, the City Council approved an extension of term until June 30, 1999; and
WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an
additional two-year period (terminating June 30, 2001);
NOW, THEREFORE, the parties hereto agree as follows:
Extension of Term
The term of the agreement shall be extended until June 30, 2001.
Adiustment of Rates
The rates charged to the City of Dublin shalI be as indicated in the letter from Omni-Means dated June 30,
1999; i.e., Consultant $142.00 per hour; Traffic Engineer 3 $97.00 per hour; Project Manager $98.00 per
Traffic Engineer 2 $79.00 per hour; and Technician 1 $30.00 per hour. Other rates shall be as indicated on th~
original 1999 rate schedule.
Consultant shall be entitled to submit a request for an adjustment of rates for the second year of the
contract term; i.e., 2000-2001 fiscal year.
CITY OF DUBLIN
Mayor
ATTEST:
City Clerk
OMNI-MEANS
Date:
OMNI-MEANS, Ltd.
ENGINEERS & PLANN~ERS
FEE SCHEDULE FOR ENGIIN~EERING sERVICES
PROFESSIONAL STAFF RATES
Walnut Creek Branch Manager $142/hr
?roj,-ct Manager I - 4 $85.00 to $t25.00;hr
F. nginecr 1 - :5 $70.00 lo $ l O$.00/hr
Traffic E~ginecr I - 5 $70.00 to $l.0$.00far
Tm.fi'lc Observer 1 - 2 $ t5.00 to $20.00/hr
Planner I - a ~65.00 to $90.00/hr
Party Chief' $65.00 to $75.00/In'
Surveyor 1 - 4 .$$0.00 to $95.00;nr
Dcsi~ I - 2 $?0.00 to
Tcchnlclan I - 4 $50.00 to
Clerical 1 - 3 $35.00 to ~65.00/hr
2-Person Survey Crow $95.00 to $140.00/I~
3opcrson St,m'cy Crew $135.00 to $225.00/hr
R~IMBIJR. SABI[._F~
R,imbursabi~ inetud~, but m'e not limited to, /n-horn, reprodu~on, travel ~ub~is~,nc¢, special
,*onmlta,'~t~, outside purcha~e~ an~ zeruic=~, and other subcontracts. The,,' ar= cEarged at 1.20 x cost.
Billing rates include overhea/, cquipmmt, space mural, ,t~. Billing rams are subject to increases du, to
union agr~mcnt: and salary, inm-ms~. ?rine/paI's time on proje, c'ts is chargeabl~ up t, $135,00 per hour;,
Associates time cn projects is chargeable up t0 $125.00 !:~r hour..
EXPERT WITNESS RATES
Deposition md-trial testimony $200 p~ hour. 4 hoar minimum. Meetings ~nd p~paration at regular bill
out ral~.
A late payment FINANCE CHAC~i~E will be comput,d ut the periodic mm of 1.:5% per month which is
ANNUAL PERCENTAGE RATE of lg%, am/will ~ applied to any unpaid b~lanoe, commencing 30
days after thc da~, of the original invoice.
Effective June 1, 19.~9
omni-means
E N 0 ~ N t: ~ I/ $ · P i. A N N E RS
June 30, 1999
Mr. Kevin VanKatwyk, P.E.
Senior Civil Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject: Billing Rate Comparison for Omni-Means Amended Agreement for Traffic
Engineering Services
Dear Mr. Van Katwyk:
The following is a billing rate comparison showing total hours billed during 1998-1999 (through
March 1999), 1998-1999 rates and proposed 1999-2000 rates:
Cmt Rates/Titles
98-99~ I99&/99 Total
Title Rates Hours Through March Cost
Consultant (Branch Mgr.) $I35 147 $19,845
Traffic F. ngr. 2 $92 1I 1.5 $10,035
Project Mgr. $100 8.5 $ 850
Traffic F. ngr. 1 - $75 24 $ 1,800
T~_b. ai¢~ I $30 17 $ 510
Totals: $ 33,040
Prolx~ed Rates/Titles
99"00~ 7199-5100 Total Percent
Title Rates ttours Cost Inerea.qe/l)ecrea~e
Consultant 05ranch Mgr.) $142 147 $ 20,874 +5.2%
Traffic Engr. 3 $97 111.5 $10,815.50 +7.7%
Project Mgr. $98 8.5 $ 833 -2.0%
Traffic F.nV. 2 $79 24 $ 1,896 +5.3%
Technician ! $30 17 $ 510 0.0%
Totals: -n $ 34,~2.8.50 +5.7%
I~OSEVILLE REDDINO
300'} Dougios goulovatcL Ste. 300 43/. I~I~ Drivo, SLflte D ........ :' "- ~'~'
~os~v.'lie. CA g$,~;81 i%dding, CA 98002 ".,~. :' . ,.~"., .': .,' ;~-".~; '~, ,.;'~
t~1~x. 78:!-.~R~ ro~m
June 30, 1999
Mr. Kevin vanKatwyk
Page 2
As indicated in the above rate comparison Tables, our bill--out rotes are projected to rise overall
by 5.7%, comparing 1998-1999 rates with the rates proposed for fiscal year I999-2000. It
should be noted that the Traffic Engineer 1 and 2 positions listed for 1998~1999 have been
promoted to Traffic Engineer 2 and 3 respectively. In addition, the project manager listed for
1998-1999 has been promoted m Associate and we proposed to use another project manager
during I999-2000 (at a somewhat lower billing rate).
We trust .that the City will find these rates acceptable. Please call us if you haVe any questions
or comments.
Si~n'ely,
George'CW. Nickelson, P.E.
Branch Manager
STAJWDARD
CONSULTING ENGINEERING SERVICES AGREE/VIE~I'
THIS AGREEMENT is made ~ Dublin, C~ifo~ ~ o~E
-=~g=n ~= CI~ OF P~L~, a m~cip~ co~oradon ("C~V"), ~d O~q-~.~S CConsM~t"),
.'ho agree ~ follows:
1. ~. SubjecI to fl~e lem~s and condifio~ set fo~ in ~s Agreement,
'~onsul~nt shM1 provide to Ci~ ~e semites described in E~bit A. Co~t sh~l provide said
:mS,ss at ~e ~e, place, ~d ~ ~e m~sr specified ~ E>~bit A.
2. ~.4~N~. Civ sh~ pay Cons~mt for sem4ces r:ndered p~su~t to ~is
· .~:m~nt at ~e ~e ~d ~ ~e m~sr s~t fo~ ~ E~bit B. ~e pa3men~ spscffied ~ E~bil B shx
~: o~y pas~en~ to bs made lo Co, Mint for sera,ices rendered p~s~t to ~s A~e~ment
'o~t sh~ s~t ~ biE~gs for smd s~mSces ~o CiV ~ ~e m~r specffied ~ E~bk B; or, if no
":~:r b: sp~:ffiM ~ E~bit B, ~en ac~r~g to ~e ~uM ~d c~tomm9, proeed~es ~d practices
3. FA C~S AN~ EO[~M~T." Ex,?t ~ set fo~ ~ E~bit C, Consular
sole cost ~d eKm~nse, ~sh ~ facilities ~d equipment ~ch may be req~d for ~s~g
m,ic:s pm-s~t to ~s A~sement CiB' shMl ~sh to Co~mt o~y ~ facilities ~d eqMpmenl
:z~d ~ E>~bil C aacor~g to ~e leto ~d aon~fiopm sst fo~ ~ E~bil C.
4. G~K~L PR0XqSIONS. ~e gener~ provisio~ s~t for~ ~ E~bit D ~e pma of
is A~:ment ~ ~e evenI of~y ~:o~men,y bs~een s~d gena~ prm4sio~ ~d ~y o~:r t:~s or
-n~fio~ offs A~:m:n~ ~e o~sr ~:~ 'or cdndifion shM1 conwol [~of~ ~ it.is
6..S[~CON~4C~G. ~s Co~ml sh~ p:~o~ ~: work com:mplat:d
som-z:s av~lMvle M~in i~ o~ org~fion ~d no po~on of~: work ps~:nt
s~aon~alsd ~out ~,n automation by ~e CiD','~xcspI ~t ~:h is expr:ssiy
7. CHAWOES. CiD, may ~om tim: to ~e rsq~e ch~ges ~
mSzss by Cop~I lo be p:m~ed ~der ~s A~eem:n~ Suzh ch~ges, ~:lu~g ~y ch~ge
'nomnt of Co~t's compxp~a~on w~ch ~e mutuMty a~d upon by Ci9~ ~d Copm~ sh~
~nv. ~ ~cn~zn~ to ~s _~scmznt o~Y whzn ~ ~g.
-8. ~SPONS~LE CHARGE. Consular sh~ ~si~ a prQ¢ct m~agcr(s)
-o~¢:i for ~, dm-afion of~ prQcct There sh~l b~ no chug: ~ ~e PrQ~ct M~agcr or members
mczt 1¢mm ~u'mout prior ~U¢n ~oprov~ ~y ~e CID'. ThC PrQ¢ct M~ag¢r for Co~t sh~l
~ORGE W. N~C~LSON.
9. CONGA CT ADt~US~A~ ON. T~s A~ecmcnt sh~ b~ a~cr~d by LEE S.
( A~~azor )..MI ¢o~¢~onasnc¢ sh~ bs ~sasd to or ~-ough ~ Adm~ni~ator or
a£e I of 2 .... i "'~"""¢':'W~F~'"': ~------,,-,'- '-
-6104/.96
] O. ~wO'J'JCB$. A.ny '~rten notice lo Consultant shed] be sent lo:
A.uy wrkten notice ~o City shall be sent to:
Lee S. Thompson
Directo~ ofPuMic Works/Cky Engineer
P. O. Box 2340
Dublin, CA 94568
Executed as of the day 6.,-st above stated:
CITY OF DUBLiN,
a municipal co. option
"Consultant"
.~=roved m to fo,-m:
Ci~, AUo~ey
?~= 2 of 2
05/06/95
EXI-IIBIT .~
SCOPE OF SERVICES .4~'I) SCHEDULE
To provide ~ffic studies, peer review and other traf~c related set, rices for private development
proj~..cm. The scope of ~es ~4H be de. led ~ specific projec~ ~e proposed to ~ CID'. ~e
con~t sh~ pro~dde ~e CiW ~5~ a not-to-exceed fee for each stud),, p~er review, ~d/or
o~cr ~c rslat~d revisw.
EXq-IIBIT B
PAYAffENT $CI:IED ULE
City shall pay Consuitani an amount not to ¢xceed the total sum of SEVENTY
t-HOUSA_N-D DOLLARS ($70,000) PER YEAR for services to be performed purs~nt to ttfs
Agreement. Consultant shall subm/t invoices at i.he end of project based on the cost for services
perfo,,-med on a time and expenses bases.
The total sum stalect above shall be the iota/'~;n/ch City shall pay for the set,Sees
io be rendered by Consultant pursuant to th/s Agreement Cil3~ shall not p~y any add/tional sram
-- for any ex'pete or cost wha~oever Lncun-ed by ConsuilanI in rendering se~dces pm-suant to th/s
Aero-cement
City shall make no payment for any ex~a'a, further or add/fional serv/ce pursn~m to
dn/s A~ement unless such exm-a sendce and the pr/ce therefor is agreed to in -~ting executed
by the City Manager or other designated official of City authofi7_~d to obligate City thereto prior
lo the ;~me such exm-a semite is rendered and in no event shall such change order exceed twenD~-
five percent (25%) of the h-fifial con---act price.
-The se~,ices to be provided under tiffs Agreement may be termina~d without
~.ause at any poknt in t/me in the sole mad exclusive d/scre~on of Ci~,. i£the A__t~n-eemen~ is
re:-m~namd by CID', Consultant shall be entitled to r~..~i¥~ just and equitable compensation for
any sadsfacto..-3, work completed on such documents and other materials to the efr~c~ve date of
such m,,-'n~nafion, tn thai event all ,qn,.'shed mad unffm/shed document, s and other mare~als shall,
at the o.~t. ion offthe City, become City's sole and exclusive property. ConsulZant herebY ex?ressly
v,'alves ~.ny and ail ct~im¢ for rt~mages or compensation a~sing under t2fis Agreement.
Consu. t,~nt sn~l maintain adeqnam logs and:lamesn~ets in order to ~,e~4~C-y costs incmn-~d to aarp.
i--ne Consultant is not author:-z~ed to perform any senSces or incur any cos~ .
-~;natsoever n_.nder the terms of tiffs Agreement until receipt of a ffully executed Purchase Order
._=,om ',he z=/nance Depm-iment of the CiD; o£Dubtin.
_B -x. ifibJt 3
Page 1 of l
05106/95
Project Manager I - 4 $ 75.00 to $ 105.0D/hour
En~.ne~ 1 - 5 $ SO.Da to S 20O.OO/ho~
Trz~c Obs=~'~ 1 - 2 $ i5.00 to $ 20.0O/ho~
P~n:r 1'- 4 S 45.00 to S gS.O0/ho~
P~ ChSef S 55.00 ~o $ 65.DO/hour
Sun, eyor ~ - 4 g 40.00 to S 7S.0O/hour
D~i~m- t - 2 ~ 60.00 to
TeNnni:i~n ] - 4 S 30.00 to S 65.OD/hour
CleJcJ l - 3 $ 5.00 to $ ~.0D/ho~
Mark=* Coordinator S 30.00 to $ 50.0O/ho~
2-P~rson Survey Crew g PS.00 to S 230.007h~
3-P~r.;on Su~'ey Crew S 135.0D to $ 200.00/hour
include, but ~e not ~2t=d to, in-house repr~J~on, ~avM s~szsi~nce, SF~Zl
' at !20 x
ou~id: pur~ ~nd ~ "~ and o~=r ~ff=z~n~act~. ~n~e ~e on,ged
" is a~n 'A~N~AL P~CENTAGE P~TE of lg~Si, ~nJ xvill'ba appii=d to any unpmJ b~ze
EXHrBIT C
City shall tim:fish ph)'sical facilki"-s such as d"-s 'ks, filing cabin"-ts, and conf~r"-nc~
spa~, as may b~ reasonably n"-c"-ssary for Contractor's us"- wkil¢ ¢onsulfing ~th City
and r¢¥i"-v~ing r"-cords and Zh"- info, marion in poss"-ssion of City. Th"- location, quantity, and
dm"- of funSs~ said physical facil, if"-s shall b"- in th-. sole discretion of City. In no "-x,¢n~ shall
City b"- obli~at"-d to fm'-nish any facility wkich may invoI¥¢ incun'ing an), dh-"-cI
Lu¢]ua~ug, bat not limiting th"- g"-n¢~-,fliry of this "-xctusion, tong-distauc"- i¢l"-phon¢ or oth¢r
comm~fion charg"-s, v"-kic]"-s, and reproduction
E '~:dbit C '
EXI~BIT D
_C, ENERAL PR 0 VI Sl ONS
l. INT)EPEN'DENT CORU'RA CTOR. At ali times dm-ing th: Ierm of this A~eemen!, Consultant
shall be an independent contractor and shall not be an employee of CiD'. CiD' shJl have the
to gonlrol Consultant only insofar as the results of Consulmt's engineering services rend:red
pm-suant to this Agreement; however, CiD' shall nol have the fight io control the me~s by which
Co:p-gul~qt accomplishes services rendered pursuant Io this A~eement
2. LJC~,. ~SES: PER~ffTS: ETC. Consnlmnt represents and win'rants to CiD' fl~al he has ail
tic. she:s, pmumits, qualifications and approvals of whatsoever nature ~enish are legally required
for Consultant to practice his profession. C°nsutlant r?res:n= and ~-ants to CiD' that
Co~snl~mnt shall, at bSs sole cosI and expense, keep in siT, ct at all times dm-Lug th: term of this
A_m-a~ment any licenses, penni=, and approvals which are leggy reqnired for Cor,.sultant to
p~cfi ce Ns profession.
3. T~_.~. Consultant shall devote such lSme to the pg~o~-~ance ofse~4ces pm-sna~t lo this
A_..~-gsment as may be reasongNy necessm-y for sari:fac, toD: pefformange of Consul:one's
obligations pursmt to thLs
.. _ :rot me dm-etlon
z ~S~LXRA. NCB RBOUTRBM'E~W'S. ConsulIanl shall ~ror. ure and maintain"
con=cci insm-anoe ag~i~_~t cta~m_~ :for injm-i~s to persons or &~mages 1o prop:ny which ma3'
`from or in bonnecfion with :he performance of thc work hereunder by the Consnl~ant. his agents,
· " repres~niafives, ~nployces or subaon~-actors, i'-ne :esl of such in:m-ronco shall be included in
Co.--~_sullanfs bid.
A_ ~Snimum Scope of !n,-ante. Coverage shall b: m ]:,~ as broad as:
(1) Jn_~m-anze Smwizes O-F-~o~form number GL 0002 ('~d, 1173) c. overing
comorehensive General Liability and Lv. sm-anze S~3n'5ses Offiae fo._-m n-_tuber GL
0404 ~overimg Broad Form Comprehensive General LiabiliD'; or
Se~--vSces Office Co~mercial General Liabiii~' coy:rag: ( o,.~mq-~n~ f&.-m CO
000~).
(2) Insuranse SemSs;s O,-5~5oe form number CA 000I ~d. t/78) coveting Automobile
coa~ 1 "m'uy aulo" and endorsement CA 0025.
(3) Worker's Compensation insm-anse as requ~-ed by the Labor Code oz ~e Sm~e of
Cal~%mia and Employers Liabiiiry
B. -" .k,f, inimmm LimS!S 0f!nsm-a_nc:. Consul~nt ~nall zn~i,m~i~ j~,~*.s ,no less ~an:
(1) Gen=at Li£oiii3': $1,000.000 combined single limit osr o::m-rense for bodib'
injm'5', personal ~jm-y and propeny 8 ~mage.-h' com~ersial General LigaiJ-iD'
· '" " (2) .&utomgaite LiabiiiU,: 21,000,000 combined s~gle ]imitper accident for bodily
Lujm'3' and prop:tO, d~_mage.
.E>~bh D
?~e 1 of 4
05/06/~6
(3) Workers Compensation and Employers L~ab.;H~': Work,rs Comp~a~on
. ~ ~ rcq~cd by ~ Labor Cod~ afdc
1~ of$],O00,O00 per accJd'~nt
C. P~ductib]es and S~]f-Insurcd R~cnfons.
be d~c]~d to ~d approved by ~c CJi. At ~c opdon afdc Ci~, cj~cr ~c Jns~cr shJ
rgduc~ or c]~mc such d~ducdb]~s or smtf-~s~gd
o~ccrs, o~ci~s ~d cmp]oy~=s; or ~ Co~t sh~] prague a bond gum-~t~=Jng
pa3~:nt of losses ~d rcJat~d investigation, c]~ a~s~don
Other ~nsur~c¢ Pro~,~s~ons. ~¢ poljcJgs
fo]]oMn~
(1)' 0¢n¢~ Lfabili~, ~d Automobile Liables' Covsmgcs.
on b¢h~fof~ Co~~ produc~ ~d complet¢d op~do~ of~
Co~L prc~s¢s o~¢d, occupi¢d or ~¢d by ~ Co~J~ or
automobfl¢s o~d, I¢~¢~ ~¢d or bo~ow¢d by
cov¢mE¢ sh~l con~n no ~¢ci~ li~m~om on ~ scop¢ of~¢ promcdon
or va]miss= sh~ be ~xc~ss afdc Co~i's ~s~ ~d ~ not
(c) .~y f~o to coldly %d~ r~o~g pro%dsJo~ of~= policies sh~ not
(d) %n~ Co~t's ~sm-~c=
~¢nom ci~m is mad~ or s~t Js brou¢2 sxc~pt ~4~ r=~ct to ~ 3~mi~ of
(2) ~Foflcsr's ComDs~afion ~d E~Dloysrs Li~D~,
~ ~sr sh~ a~ to wMv¢ ~
o~¢~rs, o~¢iMs, s~Dlo),~es ~d vol~i~rs for ]oss~s m~s~g ~om work
p¢~o~¢d by ~¢ Cors~mi for ~
(3) Prof~ssion~ Li~o~.
Co~t gn~ cm~, profess~on~
(4) ~ Coverages.
.... Each insm-ance poliw required by nhis clause shall be endorsed %o sm~e
~ covemEe sh~l not b~ s~pende~ vold~d, c~celled by eider p~, reduced
coverage or ~ I~B except ~er ~' (30) days prior ~en notice by
mMI, re~ receipt requeste~ h~ b~en given to ~e Ci~.
E. .Accepmbil~ of Insurers. tns~ce is Io be placed ~5~ ~mers M~ a BesB' rang of
no less ~ A:~.
F VefiScation of Coverage. Cons~t~t sh~l ~sh Ci~ M~ ceffificates of instance
~5~ ofi~ endorscm:nm e~c~g coverage req~-ed by ~s cla~e. ~e
~d endorsemenB for each ~m~c¢ po~¢y m~¢ to b¢ si~ed by a p¢rson au~ofiz¢d by
'~a1 ~n¢~er to b~d coverage on ~ b~h~5 Tn~ ce~eates ~d endorsemenB ~e to b~
received ~d approved by ~e Ci~ b,for, work co~ences. ~e Ci~ reset,es ~e fight
~o r¢q~e complete, c¢~¢d copies of~l r¢q~-ed ~ce policies, ~ ~y time.
~ ~sk M~er of Ci5' may approve a vm~afion, of~o. ~' m~se. req~sm~nB
a dme~afion ~m ~ core,es, scopx, I~m~B ~d ~o~fmch ~-~c¢ ~e
not co~erci~ly av~Ie or ~at ~ Ci~'s ~t~re~ ~¢mSse ~y
5. CONSL~TANW N0 A G~. Except ~ CiD' may ~:ci~, ~ ~g, Co~t sh~l have no
z'~ofi~', express or ~Se~ ~o act on b=h~' off CiD' ~ ~y c~¢aci~, ~na~oev=r ~ ~
Co~t sh~ have no au~o¢D', expr=ss or f~p~e~ pm-su~t to ~s A~smxnt to bind Ciw
m ~y obSgafion
5. ASSJGN~ PRO~~D. No um~ to ~s A~=smsnt may ~si~ ~y ~nt or obtigzSon
.-'.C-.. pm%n~nt to ~ A~eemen~ .~y a~¢ted or p~o~d ~s~ment off~y ¢~1 or obHga5o~
~m~m~t to th~ A~m=nt sh~ be void ~d of no
7. ~. Co~t sh~ ~si~ oMy com~mxnt p=%o~s] to ps~o~ s=~,Jces p~su,~t
i~=sm=n% d~sk=s ~ remov~ oZ~y such p~o~, Co~t sh~l, ~mm~ats]y upon
r¢$¢h~g nofic= ~om CiD' of such d¢ske of Ci~,, ca%¢ ~= r=mov~ of such p=rson or p=rso~.
8. ST.AN~_&~ OF PE~O~(ANCE. Co~t sh~ p=~o~ ~ ss~,lc¢s req~=d p~sn~nt to
¢~_¢ i~¢¢m=nt ~ ~ m~nn¢r ~d zscor~g to ~¢ %~fl~ obss~d by a comp~mnt
~fi~onsr of~e proff:ssJon ~ ~;~¢n Cons~t is ~ngag¢d ~ ~¢ g=s~ap~c~ ~¢a ~ w~ch
Co~t ~e~vers to C~ pm-sn~i to ~s A~sm=nt sh~ be prapm-=d ~ a sub~fiM,
ct~s ~d wor~ntik= m~nn~-~d co~o~ ~ ~= r~dm-ds of qu~iD' no~Miy obs~'~d by
p:rso= ¢2:5c~g ~ Co~t's profession.
9. HOLD HA~E~S .kN~ ~SPONS~J~ OF CONSL~TANTS. Cons~t sh~l
~ to ~3, s~co~~ to m: C~D', to CiD' o~cers ~d e~loy~=s, or to pm--dss dssi~atsd by
~-~'C~ ', on asco~t of~= he.gent p=~o~=¢ or charmer of~e wofl~ m~orxs~n
C~D', i% o~cszs, o~:i~s, ~-smo%, e~toye=s ~fl' ~sn% ~om ~d ag~ ~y or M1 toss,
· " I m~ ~m~aoh sh~ not bs co--sd.to exsmoz ~s Cin', ~ %~pioy~s ~fl o~srs ~om
'f"[".(J' ~u~ ~ll~ ~jmD' or xSot~on of law ~n~'~r ~1]~ or n:~gsnt For proposes of Sscfion~
2782 offs Ci~ Code ~s
~mmsmasrslo rsao~s ~d a~ss ~zt ~s k~ssmsn~ is noz z
?~s 3 of 4
const,--action contract. By execution of this AEreement Consultant acknov,,Jedaes and aarees
he has read and understands the provisions hereo£and that this paragraph is a ~aterial ~emenI
consideration.
Approval o£the insurance cont-ac~ does not relieve the Consultant or subconsultan~s from
liability under this para_m-apb.
10. GOVEKN-MENTAL REGULATJONS~ To the ement thai this Agreemeni may be ftmdcd by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable
' rules and regulations to which City is bound by the Ierms o£such fiscal assistance program.
l l. D. OC~S. All rcpOm, aa~ maps; models, charts, desSgns, Plans, studies,
pnoto~-aphs, memoranda or other written documents or maim'Sals~ prepared by Consultant
p,.~amnt to this A=m-eement shall become the property of City ur>on completion o£th: work to be
pc~onnedfaereunder or upon te~-mination o£the Agreement. No such mater/als or prope~es
produced in whole or in part under this Agreement shall be subject to private ,use, cop)aSghm, or
patent r/ghts by Consultant in the United States or in any other country ~adthout the ex2oress
written consent of City. City shal/have unrestricted authority to publish, disclose (as may be
limimd by the provisions o£the CalifOrnia Public Records Act), distr/bute, and otheradse ,use,
copyright or paient, in whole or in part, any such reoorts, studies, data, statistics, ~orms or other
mai~'zrials or properties oroduced under this A=m-eem~nt.
E~bi~ D
P~-ge-. ~ of 4 -
05/06/95