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HomeMy WebLinkAboutItem 4.7 LP2A Amend Agrmt CI'TY CLERK File # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 1, 2003 SUBJECT: Amendment to Agreement with Linhart Petersen Powers Associates for Engineering Services Report Prepared by: Lee S. Thompson, Public l/Vorks Director ATTACHMENTS: 1) Resolution and proposed amendment 2) Letter from Linhart Petersen Powers Associates 3) Current agreement dated July 1, 2001 RECOMMENDATION: Adopt resolution amending existing contract with Linhart Petersen Powers Associates to add two new positions for Engineering TA~TE Services. FINANCIAL S MENT' Linhart Petersen Powers Associates currently provides Building and Safety services to the City of Dublin. The proposed amendment to the existing contract will add two new positions to provide civil engineering and Public Works inspection services for the Dublin Boulevard Widening (DBW) Capital Improvement Program (C~) project, as well as possible future CIP projects. These two positions are currently provided under the Santina and Thompson contract. Linhart Petersen Powers Associates proposes to use the same hourly rates as those being charged by Santina and Thompson for the duration of the DBW project. Funds for this work have been budgeted in the CIP. DESCRIPTION: The City has contracted with Santina & Thompson for Engineering Services since 1983. The current agreement was executed in 1992 and has been extended by amendment every two years since that time. Santina and Thompson is currently providing a Resident Engineer and a Public Works Inspector to cover the workload generated by the Dublin Boulevard Widening (DBW) project, which is currently under construction between Village Parkway and Sierra Court. Completion of the work is targeted for late summer/early fall 2003. The City was recently notified by Santina and Thompson that the firm will cease business operations on April 1, 2003. The firm of Linhart Peterson Powers Associates has hired the Resident Engineer and Inspector currently working for Santina and Thompson on the DBW project. In order to provide continuation of engineering COPIES TO: Linhart Petersen Powers Associates ITEM NO. 4~- gSengr\LP2A\agst amend 040103 and inspection services for the DBW project, Staff is recommending to contract with Linhart Petersen Powers Associates. The City has contracted with Linhart Petersen Powers Associates for Building and Safety Services since July 1995. The most recent contractual services agreement (Attachment 3) is dated July 1, 2001, and is scheduled to be reviewed before the beginning of Fiscal Year 2003-2004. The work provided to date by Linhart Petersen Powers Associates has been satisfactory, professional, and competitive, and Staff recommends that the City Council approve the amendment to the existing contract with Linhart Peterson Powers Associates to add two new positions. RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH LINHART PETERSEN POWERS ASSOCIATES WHEREAS, the City Council of the City of Dublin approved an agreement for Building and Safety Services with Linhart Petersen Powers Associates in July 2001; and WHEREAS, the agreement is proposed to be amended to included two new positions, said positions being Resident Engineer and Public Works Inspector to perform services for the Dublin Boulevard Widening Project from Village Parkway to Sierra Court; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (addition of two new positions) with Linhart Petersen Powers Associates, which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 1st day of April, 2003. AYE S: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk glengrlLP2A Iresoamend040103 EXHIBIT "A" OF RESOLUTION - 03 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND LINHART PETERSEN POWERS ASSOCIATES FOR CIVIL ENGINEERING AND PUBLIC WORKS INSPECTION SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Linhart Petersen Powers Associates (hereinafter referred to as "CONTRACTOR"), entered into an agreement on July 1, 2001, to provide Building and Safety Services to CITY; and WHEREAS, it is necessary to add two positions to the existing contract, said positions being Resident Engineer and Public Works Inspector; NOW, THEREFORE, the parties hereto agree as follows: Revision of Payment/Hourly Rates Revise the Payment/Hourly Rates Scheule to include the following positions: 1. Public Works Inspector (includes vehicle): $ 73.13/hour 2. Resident Engineer (includes vehicle): $135.00/hour This rate schedule shall be effective for the duration of the Dublin Boulevard Widening Project. CITY OF DUBLIN Mayor ATTEST: City Clerk LINHART PETERSEN POWERS ASSOCIATES Date: G:kEngr-contract\LP2A\amendment040103. doc l~ch 20, 2003 Mr. Lee Thompson Public Works Director ~,~A~ ~ ~ ~003 City of Dublin 100 Civic Plaza Dublin, CA 94568 RE: City of Dublin Contract Transition Dear Mr. Thompson: Thank you for the oppodunity to discuss the transition and assignment of current agreement(s) from Santina & Thompson, Inc. to LP2A. With the closure of Santina and Thompson, Inc. as a business on April 1, the need for continuous, uninterrupted se~ices becomes crucial. The following proposal outlines a successful transition from those se~ices, currently rendered to the City by Santina & Thompson, to LP2A. The project(s) currently under contract to be assumed are the Dublin Boulevard Widening STPL 5432 (006). Our intent is consistency with the current agreement; all personnel cu~ently assigned to specific tasks and responsibilities for each project will remain intact and the current charge rates and required insurance provisions will effectively remain the same as outlined. All required insurance coverage such as E/O insurance, general liability and auto insurance would be covered under LP2A's insurance carrier. A ce~ificate of insurance can be provided upon request. The proposed scope of se~ices will be consistent with the previous agreement as currently established and remain effective until completion of work and/or required duties are completed. We eXpect to complete the necessa~ se~ices upon the following anticipated schedule as follows: Dublin Boulevard Wideninq STPL 5432 (006): Provide a full-time inspector as necessaw inclusive of resident engineer to oversee and manage the balance of construction activity br the project. Based upon the current schedule of work, it is anticipated that the project will be completed in late October or early November. The anticipated man-hours as discussed beginning April 1, 2003 are as follows: 1. Resident Engineer: 440 ~ $135.00/hr 2. Project Inspector: 176 ~$ 73.13/hr Construction Inspection suppo~ will be provided upon wri~en direction and request by the City. As noted, the above estimate hours are assumed not-to-exceed amount without the express consent of the City. The resident bridge engineer and/or managerial suppo~ for the construction of the remaining nodherly section of the new bcility has not been included and can be provided as deemed necessa~ and/or as directed by the City. We appreciate the oppo~unity to continue to provide se~ices to the City on these projects and are confident we can provide a seamless transition and the successful completion of each project. I would be happy to meet with you fu~her to discuss any transference issues that may arise. Should there be any immediate questions or if you require any additional information, please do not hesitate to contact me. Thank you for your suppo~ and consideration on this maEer. Frank ~. ~inha~, Principal 6088 Sunol Boulev~d 2001-2002 CONTRACTUAL SERVICES AGREEMENT BUILDING & SAFETY SERVICES THIS AGREEMENT is made at Dublin, California, as of July 1, 2001, by and between the CITY OF DUBLIN, a municipal Corporation ("CITY"), and Linhart Petersen Powers Associates ("CONTRACTOR"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at that time, place and in the manner specified in Exhibit A. 2. PAYMENT. CITY shall pay CONTRACTOR for services rendered PUrsuant to this Agreement at the time and in the manner set forth in~ The payments specified in Exhibit B shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 3. FACILITIES, EQUIPMENT AND CLERICAL SUPPORT. Except as set forth in Exhibit C, CONTRACTOR shall, at its sole cost and expense, furnish ali facilities and equipment which may be required for furnishing services pursuant to this Agreement. CITY shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions, set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. SPECIAL PROVISIONS. The special provisions set forth in Exhibit E are part of this Agreement. · 6. EXHIBITS: All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 7. CONTRACT ADMINISTRATION. This Agreement shall be administered by the CITY MANAGER. All correspondence shall be directed to or through the CITY MANAGER or his or her designee. 8. TERM OF AGREEMENT. This'Agreement shall be effective until terminated. This Agreement may be canceled by the City, upon thirty (30) daYs advance written notice. This Agreement may be canceled by CONTRACTOR upon ninety (90) days advance written notice. Page 1 of I 1 g:agenda/01/2001 LP2A agree 7/01/01 .. 9. NOTICES.. Any written notice to CONTRACTOR shall be sent to: Linhart Petersen P.owers ASsociates Attention: Ke~meth C. Petersen 5798 Stoneridge Mall Rd., #201 Pleasanton, CA 94588 Any written notice to CITY shall be sent to: City of Dublin Attention: City Manager 100 Civic Plaza Dublin, CA 94568 EXecuted as of the day first above stated: For: CITY OF DUBLIN /'- C~ty . U Approved ~ to form: Ci~ A~omey For: Li~ P~ersen Pow~s Associates -~~Contra"" ctor '"' Page.2 'of 1 I g:agenda/00/2000 LP2A agree '6f20/00 PAYMENT SCHEDULE A. CITy shall pay cONTRACTOR for services rendered in accordance with the hourly rates stated in section B. CONTRACTOR shall submit invoices, not more often than once per month, based upon the work completed. At the sole discretion of the CITY other payment schedules may be considered. Invoice shall include an accounting of all hours by classification and task. The format and documentation included on'the invoice, shall be subject to approval by the City Manager and/or designee. B. HOURLY RATES: The following rate§ include alt reimburSable or indirect costs, including but not limited to a vehicle. $75.00 1. Commercial Inspector . · (Includes knowledge and certification in commercial building systems including structural, mechanical, plumbing, and electrical systems.) $66.00 2. Building Inspectors (Includes Inspection as well as any plan checking of Residential and Non-Structural Commercial/ Industrial Plans.) 3. Off-site and on-site Plan Checking $78.00 , (As authorized by City Manager and/or designee.) C. The hourly rates shown in Section B above, shall be the total which the CITY shall pay for the services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. D. 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 and authorized by the City Manager and/or designee. E. 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. In this event, cITY shall compensate the 'CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONTRACTOR Shall maintain adequate logs and timesheets in order to verify costs incurred to date. F. The CONTRACTOR is not authorized to perform any services or incur, any costs whatsoever under the terms of this Agreement until receipt of a fully executed copy of this Agreement. Page 5 of I 1 g:agenda/01/-2001 LP2A agree 7/01/01