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HomeMy WebLinkAboutItem 4.07 Citywide Str Storm Drain Agmtor~DU~~~ CITY CLERK ~~ ~A File # ^® 0^ 0^-©~ ~- ~ -~• s~ ~/~ ~ wl~ \`~ T 7n~Yl~~' AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 18, 2008 SUBJECT: Consulting Services Agreement for Citywide Street Storm Drain Condition Assessment, Phase II Report Prepared by: Melissa Morton, Public Works Director `'~~~ " " ~ ATTACHMENTS: 1. Resolution, together with Exhibit "A," Agreement RECOMMENDATION: Adopt the Resolution approving the agreement with Post, Buckley, ~,~, Schuh & Jernigan, Inc. (PBS&J), for the Citywide Street Storm Drain Condition Assessment, Phase II. FINANCIAL STATEMENT: The cost for these consulting services ($17,496.00) is included in the approved budget for FY 2008-2009. DESCRIPTION: In Phase I of the Citywide Street Storm Drain Condition Assessment, a portion of the City's storm drain system was cleaned out and a video recording was made of the existing pipe condition. The first phase was accepted by City Council on September 16, 2008. Phase II of the project will include an assessment based on the video recording on the condition of the storm drain system. This assessment will generate a report that will prioritize the need to perform local repairs to the storm drain system. Any needed repairs will be included in a new Capital Improvement Program (CIP) project for approval during the budget process. A total of three quotes were received (PERMCO Engineering & Management, PBS&J, and PACE) to complete the assessment. Staff reviewed the quotes using the following criteria: cost, relevant experience, package content, and references. After reviewing the quotes received based on the aforementioned criteria, PBS&J was selected as best meeting the City's needs for this project. The agreement calls for the City to pay PBS&J an amount not to exceed $17,496.00, and there are sufficient funds in the FY 2008- 2009 project budget for Phase II of the Citywide Street Storm Drain Condition Assessment. RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the agreement. with Post, Buckley, Schuh & Jernigan, Inc. (PBS&J), for the Citywide Storm Drain Condition Assessment, Phase II. ------------------------------------------------------------------------------------------------------------- COPY TO: PBS&J Page 1 of 1 ITEM NO. G:\CIP\Storm Drain Assessment\Agenda Statements\agst PBSJ.doc ~ ,~ ~~a3 RESOLUTION NO. - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J), FOR CITYWIDE STREET STORM DRAIN CONDITION ASSESSMENT, PHASE II WHEREAS, the compilation of a baseline inventory prioritizing repairs to the City's storm drain system was set forth as Phase II in the Citywide Street Storm Drairi Condition Assessment; and WHEREAS, the first phase of the project was accepted as complete by City Council on September 16, 2008; and WHEREAS, the City desires to utilize the services of Post, Buckley, Schuh & Jernigan, Inc. (PBS&J), for the Citywide Street Storm Drain Condition Assessment, Phase II; and WHEREAS, there are sufficient funds in the FY2008-2009 project budget for Phase II of the Citywide Street Storm Drain Condition Assessment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Post, Buckley, Schuh & Jernigan, Inc. (PBS&J), for the Citywide Street Storm Drain Condition Assessment, Phase II. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 18th day of November, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAINING: ATTEST: Mayor City Clerk G:\CIP\Storm Drain Assessment\Agenda Statements\reso PBSJ.doc fie-w~~f'~1~1 ~~~~e~n8 AITACNMENi 1. a~a3 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PBS&J THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City") and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J ("Consultant") as of November 19, 2008. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 15, 2008, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The. time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 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 its profession. Consultant shall prepare all work products required by.this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of 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 reassignment of any such persons, Consultant shalt, immediately upon receiving notice from City of such desire of City,- reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Consultant shall not be responsible for delays beyond Consultant's reasonable control. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Seventeen Thousand Four Hundred Ninety-Six Dollars and No Cents ($17,496.00), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant, to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit alt invoices to City in the manner specified Consulting Services Agreement between City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J EXHIBIT T.., iL... ~~r.~l~ ~+i~ri r ~',1 herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incur-ed prior to the invoice date. Invoices shall contain the following information: ^ Clear numerical identification, with no duplication of numbering; ^ The beginning and ending dates of the billing period; ^ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ^ At City's option, for each work item. in each task, a copy of the applicable time erifries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ^ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual .employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ^ The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. 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. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., tl/b/a P8S&J Page 2 of 13 ~ ~~- a3 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the. amounts shown on the compensation schedule attached hereto as Exhibit B. 2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the.date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is riot authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement: The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, .Consultant may rely on aself-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether aself-insurance program meets the standards of the Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc.,, d/b/a PBS&J Page 3 of 13 ~~a~ Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least . as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.11/88) or Insurance Services Office form number GL 0002 (ed. 1R3) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at feast as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any a4to"). No endorsement shall be attached limiting the coverage. 4.2:3 Additional requirements. Each of the following shall be included in the insurance coverage or. added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of Consulting Services Agreement between November 19, 2008. City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J Page 4 of 13 ~~~,a3 protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with `- respect to the City and its officers, officials, employees and volunteers, and that no insurance orself-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible orself-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled 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. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, .Schuh & Jernigan, Inc., d/bla PBS&J .Page 5 of 13 ~~a3 c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d; A copy of the claim reporting requirements must be submitted to the City -prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A;VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. 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 City reserves the right to require. complete, certified copies of all required insurance policies, at any time. 4.4,3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing 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. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles orself-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of ~an increase in deductible orself-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., dlb/a PBS&J Page 6 of 13 g ~ ~3 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section~is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the . change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ^ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ^ Order Consultant to stop work under this Agreement or withhold any payment that becomes-due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ^ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless. City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with -Consultant's performance of the Services or its failure to comply with any of its obligations contained in~this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of-any claim for defense and indemnity by the City, unless this time has been extended by the Town. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so .much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first. With respect to third party claims against the Consultant, the Consultant waives any and ail rights of any type to express or implied indemnity against the Indemnitees. Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J Page 7 of 13 4~~ a3 However, notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law. In addition, and notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and ihterest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 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 services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance. to the contrary, Consultant and any of its employees; agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation,. benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agen#. 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. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J Page 8 of 13 -o~a3 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fscal assistance from another governmental entity, Consultant and any subcontractors shall comply with ali applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at-all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity.. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Consulting Services Agreement: between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J Page 9 of 13 (i ~a3 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services -performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly; unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract ahy portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: $.6.1 Immediately terminate the Agreement; Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J Page 10 of 13 la ~ a3 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between -the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all.data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for. declaratory relief, fo enforce or interpret the provision of this Agreement, the prevailing Consulting Services Agreement between ~ November 19, 2008 City of Dublin and Post, Buckley, Schuh- & Jernigan, Inc., d/b/a PBS&J Page 11 of 13 1~3 op ~C party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged~shall remain in full force and effect.- The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall -not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent; appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in.any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it ~3 Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J Page 12 of 13 i~- ~a3 may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Melissa Morton, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Dean J. Gipson PBS&J 9275 Sky Park Ct, Ste 200 San Diego, CA 92123 Any written notice to City shall be sent to: Melissa Morton City of Dublin Public Works 100 Civic Plaza Dublin, CA 94568 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral CITY OF DUBLIN Janet Lockhart, Mayor CONSULTANT , ~~ Dean J. ipson, Di ision Manager Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney G:ICIPlstorm Drain AssessmentlRFQlconsulting agreement PBS&J.doc Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc.; d/b/a PBS&J~ Page 13 of 13 15 ~ a3 EXHIBIT A SCOPE OF SERVICES -- _. Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan,_Inc., d/b/a PBS&J-.Exhibit A Page 1 of 5 ~~~aa An employee-owned company ATTACHMENT A SCOPE OF SERVICES AND TIME SCHEDULE CITYWIDE STORM DRAIN CONDITION ASSESSMENT AND REPORT COMPILATION OF FOOTAGE IN THE CITY OF DUBLIN (Project) PROJECT NO: P100005262 OCTOBER 17, 2008 SCOPE OF SERVICES The City of Dublin wishes to establish the true condition. of its storm drain system based on video .footage captured and recorded by City staff. Identifying potential collection system deficiencies using standardized, objective criteria, will allow the City to implement the necessary short and long ' term maintenance and improvements prior to the onset of the rainy season. The database developed as part of the project will serve to establish a method for documenting the condition of the storm drain system analyzed as well as facilitate documentation of future facility inspections and condition assessments performed. Based on our current understanding. of the Project, PBS&J will provide the following engineering services: A. TASK 1 -Project Management To maintain the project focused and on schedule, the. following will be performed: 1. Progress Meetings: Meet with the City up to 2 times during the project to discuss project status, issues, concerns, and progress. PBS&J will provide an agenda and minutes summarizing major issues and action items for these meetings. The meetings are anticipated to be via conference calls and last up to 1 hour each: The first meeting will be considered the project kickoff meeting. 2. Quality Assurance /Quality Control: Provide quality assurance and control over deliverables by having .independent review of documents by senior level staff, who is knowledgeable and experienced in these areas. 3. Deliverables: 1. Meeting agenda (up to 2 meetings, electronic copy). 2. Meeting minutes (up to 2 meetings, electronic copy). 9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com t~~~.Zofs 17~~3 Ms. Erin Lamberger October 16, 2008 Page 4 of 9 B. TASK 2 -Storm Drain Condition Assessment.and Database Report 1. Draft Storm Drain Condition Assessment Report and Database Report: Prepare a draft document summarizing the findings of the video footage.. The draft report will contain the following: " • Executive Summary (2 pages) • Summary of the analysis of the overall storm sewer system, including a discussion of the areas where problems in the storm sewer system are concentrated; • A spreadsheet of storm sewer lines along with. inlet reference points and a description of the condition of the line as well as a recommendation; and • Recommendations for the following: o A short-term maintenance schedule based on the cleanliness of the storm drain pipes and the quantity and condition of the . debris; and o A long-term maintenance schedule to ensure continued effectiveness of storm sewer system. The report will be provided in hard -copy format for City staff to review and provide comments. " 2. Condition. Assessment Summary Database: Prepare a database summarizing the findings in the review of the video. footage for City staff to review and comment. The database will contain the following: • Street Location and inlet reference points • Date of Footage • Pipe Size • Video/photo links where relevant • Notations where imperfections in the storm sewer system occur The database will be incorporated into the Storm Drain Condition Assessment Report and provided in hard copy format for City staff to review and provide comments. 3. Final Storm. Drain Assessment Report: Review City staff comments and incorporate pertinent comments into the final document. .. ~'0.a~ 3 b~ s is ~a3 Ms. Erin Lamberger October 16, 2008 Page 5 of 9 4. Deliverables: a. Draft Storm Drain Condition Assessment (3 copies) b. Final Storm Drain Condition Assessment (3 copies and 1 PDF copy) c. Condition Assessment Summary Database (Microsoft Excel format) C. SUMMARY OF ASSUMPTIONS The following is a summary of assumptions made for this project: 1. City staff will provide a copy of the video footage to be reviewed and assessed on a portable, external hard drive and is viewable using Windows Media Player. . 2. The quality and content of the video is adequate to reasonably determine the condition of the facilities being assessed. 3. The City will provide a storm drain map of the area analyzed. The map will include inlet reference points that correspond to the information contained on the video footage. 4. City staff will provide copies of all additional information and data necessary to complete this effort. 5. Field verification, physical inspection and assessment of the storm drain facilities are excluded from this effort. II. ADDITIONAL ENGINEERING SERVICES If requested by the Client, PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Any additional project related services not specifically included in Section I, Scope of Services. B. Design of storm drain improvement drawings. 'P~.`~ nF S i~~~3 Ms. Erin Lamberger October 16, 2008 - Page. 6 of 9 III. CITY FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Provide copies of all relevant reports, studies, drawings, ,.storm drain system records, inventory and GIS data, CIP planning efforts and results, and other relevant project information or data. B. Assign one person to serve as the City's project manager who. has authority to represent the City and will serve as the point of interface for all project issues and communications.. B. Provide a written description of all pertinent project information and issues, including . all unusual or critical requirements of the City. - ~~~~~~~ ao w a3 ~I EXHIBIT B COMPENSATION SCHEDULE G:ICIPIStorm Drafn AssessmentlRFQlconsulting agreement PBS&J.doc Consulting Services Agreement between November 19, 2008 City of Dublin and Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J--Exhibit B Page 1 of 4 ai ~a.~ An employee-owned company ATTACHMENT B FEES AND CONDITIONS CITY OF DUBLIN CITYWIDE STORM DRAIN CONDITION ASSESSMENT OCTOBER 17, 2008 FEES AND CONDITIONS A. The fee for the Services for Tasks A and B, described in Attachment A, Section I of the Scope of Services, will be the lump sum amount of $17,496. B. The fees for the Services described in Attachment A, Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in effect at the time .the services are performed. A notice-ta-proceed for all tasks is anticipated. to occur on or before November 4, 2008 to achieve a completion date of November 20th, 2008 9275 Sky Park Court, Suite 200.5an Diego, California 92123 • Telephone: 858.874,1810 • Fax: 858.514.1001 • www.pbsj.com ~~aa Project Name: Citywide Storm Drain Condition Assessment and Report Compilation Client/Owner: Cityof Dublin Project Manager: Cynthia Peraza ~ Prepared By: Cynthia Peraza Proj/Prop No.: P100005262 Date: October 16, 2008 .- ITEM TOTAL . Labor $17,206 Outside Services $0 . Direct Costs. $290 TOTAL. $17,496 ENGINEERING SERVICES ENVIRONMENTAL SCIENCE Engineering Aide - EA $70 Research Assistant - RA $60 Engineer i - EI $105 Assistant Scientist- AS $75 Engineer II - EII $115. Scientist I - SI $100 Engineer Ili - EIII $120 Scientist II - SII $110 Senior Engineer i - SEI $130 Scientist III - SIII $120 Senior Engineer II - SEII $140 Senior Scientist I - SSI $135 Senior Engineer III - SEIII '$145 Senior Scientist II - SSII $175 Supervising Engineer I - SPEI $155 Senior Scientist III - SSIII $185 Supervising Engineer II - SPEII $170 Senior Scientist IV - SSIV $220 Principal Engineer I - PRI $180 Principal Engineer II - PRII $196 CONSTRUCTION RELATED SERVICES Principal Engineer III - PRIII $209 Contract Administrator - CA $85 Principal Engineer IV - PRIV $219 Sr. Contract Administrator -CAS $110 ADMINISTRATIVE SERVICES Admin Assistant I/Clerk - AI Admin Assistant. II (N6} -All Admin Assistant III (N7) -Ali! Sr. Admin Assistant I (N8) - SAI Sr. Admin Assistant II (N9) -SAIL Sr. Admin Assistant III - SAlll Senior Administrator - SA OTHER PROFESSIONAL SERVICES Professional IIGIS Analyst - PI Professional 11/GIS Analyst II - PII Sr. Prof. I/Sr. GIS Analyst I - SPI Sr. Prof II/Sr. GIS Analyst II -SPIT Sr. Prof III/Sr. GIS Analyst III - SPIII Supervising Professional - SP Principal Professional - PP Construction Mgmt Rep. l* - CMI $90 Construction Mgmt Rep. II* - CMII $100 $60 Senior Field Representative* - SFR $115 $65 Prevailing Wage Field Rep. - PWFR $114 $75 Resident Engineer -SPEC . $150 $80 Construction Manager - CM $135 $85 Senior Construction Manager- SCM $145 $100 (* non prevailing wage) $110 DESIGN & GRAPHIC SERVICES CADD Technician I (N7) - CTI $70 $90 CADD Technician II (N8) - CTII $85 $105 CADD Technician III (N9)- CTIII $9S $125 Graphics Designer I (N10) - GDI $95 $140 Graphics Designer II (N11) - GDII $100 $150 Designer I - DI $100 $175 Designer II - DII $110 $196 Senior Designer I -SDI $120 Senior Designer II - SDII $135 Senior Designer III - SDIII $140 JPAIPBSJ.PA4003/01 CA Offices: Encinitas, Kearny Mesa/San Diego, Orange, Los Angeles; Pasadena, Riverside, Sacramento, San Francisco FILE Clty of Dudln fee estDG .z/s ~~IZ~o~~ a3 ~a3 ~ W N d' C D O O M M 0 0 0 O OOD 0 M N~ ~O N l0 N G/ ~ O 0 0 ~ W b N ~~ ~ ~ ~ r o b4 9 5 9 ~6 4 ~ e - - • us +~ O O OD OD O O ~ ~ 00 ~ CO CO r N ~ T !~ ~ ~ O O 0 0 0 0 0 0 • ~ ~ o 0 o 0 • t11 E- .N- ~ N aQ N ~ ~~ o o W a ~ v° ov W-.J ~ ~~ ~ N U d. ~' c~0 ~' ~, ~ ... ~ N N p7 (7 a a . 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