HomeMy WebLinkAbout4.02 EmeraldGlenFireTreadwCITY CLERK
FILE # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 8, 2000
SUBJECT:
Agreement with Treadwell and Rollo, Inc., to Perform a Phase I
Environmental Site Assessment for the proposed Fire Station Site at
the southwest comer of Broder and Madigan in Eastem Dublin
Report Prepared by: Chris Foss, Economic Development Director
EXHIBITS ATTACHED:
RECOMMENDATION:
1) Resolution
2) Agreement
,~1 Adopt Resolution approving the Agreement with Treadwell and
)"~Rollo, Inc., for a Phase I Environmental Site Assessment
FINANCIAL STATEMENT:
The Study undertaken for hazardous materials within this site
will greatly reduce the City's liability for the possible removal of
hazardous materials in the future. The cost of the Study, not to
exceed $3,500, is budgeted in the FY 2000-2001 Capital
Improvement Program (Cff') budget -Project 93510 (Emerald Glen
Fire Station).
DESCRIPTION: The City is presently negotiating with the Alameda County Surplus
Property Authority to acquire 1+ acre for a future fire station in Eastern Dublin. The proposed fire station
will replace the existing station that is housed at the Santa Rita Jail. This site has been identified because
it allows the Alameda County Fire Department to maintain its response times and coverage in the area.
The site is bounded on the north by Broder Street, the east by Madigan Street, the south by Gleason Drive,
and Alameda County property (proposed East Government Center) to the west.
Alameda County is proposing to sell the site to the City of Dublin in an "as is" condition. In order for the
City to purchase the site from Alameda County, the City will need to know if the proposed site is free of
known hazardous materials. It is proposed that the City undertake a Study to determine if there are, in
fact, any hazardous materials on this site.
At this time, Staff is recommending that a Phase I Environmental Site Assessment be performed to
investigate existing historical literature concerning the site, determine if any physical testing is necessary,
and if so, recommend the type of testing to be performed. If needed, a Phase II Study would perform the
actual testing and, if any problems are found, a Phase III Study would then monitor the removal by
Alameda County of any hazardous materials.
g:\enrXro lloXagstT&R. doc
COPIES TO:
Treadwell and Rollo, Inc.
ITEM NO.
4.2
Treadwell and Rollo, Inc., is an environmental and geotechnical consulting firm with a specialty in
performing hazardous materials studies. Treadwell and Rollo, Inc. completed similar testing for the
Emerald Glen Park site. It is anticipated that the work on this project can be completed within four weeks
from issuance of the contract.
RECOMMENDATION: Staff recommends that the City Council adopt the proposed
Resolution Approving the Agreement with Treadwell and Rollo, Inc., for a Phase I Environmental Site
Assessment,
RESOLUTION NO. - O0
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH TREADWELL AND ROLLO, INC.
FOR CONSULTING SERVICES
WHEREAS, the City of Dublin is in the process of acquiring 1 + acre from the Alameda County
Surplus Property Authority for a future fire station at the southwest comer of Broder Street and Madigan
Road; and
WHEREAS, a condition for the City to accept said 1+ acre site from Alameda County is that the
site be clean from a hazardous materials standpoint; and
WHEREAS, the City of Dublin proposes to undertake a modified Phase I Hazardous Materials
Study to investigate existing historical literature concerning the site and make recommendations for
further testing; and
WHEREAS, the City wishes to utilize the services of Treadwell and Rollo, Inc., a firm
specializing in hazardous materials studies, to perform the Phase I Study,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the agreement with Treadwell and Rollo, Inc., to perform a Phase I Hazardous Materials Study.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this th day of November, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G:\Chris\Fire\resotreadwell.doc. CF
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of. , 2000, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and TREADWELL AND ROLLO,
INC., a California corporation ("Consultant"), who agree as follows:
1. SERVICES. 'Subject to the terms and conditions
Consultant shall provide to City the services described in Exhibit A.
services at the time, place, and in the manner specified in Exhibit A.
set. forth in this Agreement,
Consultant shall provide said
, 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. E~Xcept as set forth in Exhibit C, Consultant shall, at
its sole cost and expense, furnish all facilities and equipment which may be required for furnishing ·
services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set .forth in Exhibit 'D are part of
this Agreement. In the event of any inconsistency between said general provisions and any other terms or
conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. SUBCONTRACTING. The Consultant shall perform the work contemplated with
resources available .within its 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
Agreement
Page 1 of 2
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project team without prior written approval by the City. The Project Manager for Consultant shall be
Phillip G. Smith, Principal.
9. CONTRACT ADMINISTRATION. This Agreement shall be administered by Richard
C. Ambrose ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. NOTICES. Any written notice to Consultant shall be sent to:
Phillip G. Smith, Principal
Treadwell and Roll, Inc.
555 Montgomery Street, Suite 1300
San Francisco, CA 94111
Any written notice to City shall be sent to:
Richard C. Ambrose, City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568 /
Executed as of the day first above stated:
CITY OF DUBLIN,
a municipal corporation
By
"City"
Attest:
City Clerk
By/f//~~~?'p/~
"Consultant"
Approved as to form:
City Attorney
Agreement
Page 2 of 2
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
PER ATTACHED PROPOSAL DATED SEPTEMBER 18, 2000 FROM TREADWELL AND
ROLLO, INC. (ATTACHED).
Exhibit A
Page 1 of 1
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SEP,20.2000 4:34PM TRE~DNELL
& ROLLO
NO. 276 P. 2/3
18 September 2000
Mr. Cb. ds Fogs
Ecom~mic Redevelopmere Manager
City of Dublin
100 Civic Plaza
Dublin, California 94568
Subject:
Proposal - Phase I ESA
Property Located at the Southwest Comer
of Broder Boulevard and Macligan Road
Dublin, California
Dear Mr. Foss:
A-~ per you~ request of 13 Septcrab= 2000, Treadwen &R~lio (qereby submits this proposal to
. ' 'on to be
Madigan Road.
We wijl prepare a Phase I ESA in general compliance with ASTM Standard Practice 1527. The
docmnent will identhey past me of the property and make a determ_~_nation regarding the potcnt/al
presence of h,.~ardom materials in soil and groundwater at the site. No sampling and analysis of
buil_a._~ng materials, soft, or grounclwater will be performed am-hag thls work, as these tests are not
oonsidered mdarcl components of a Phase I ESA. Sampling and analysis can be perforated if
the Phase I ESA suggests that eontam{nsnts may be present and would constitute a h~-~ard to site
workers and occupants.
The cost to prepare the Phase I ESA is $3.500. Wc estimale that the work can be completed in
approximately four weelG. Our 2000 Schedule of Charges and Conditions is attazhed to this
proposal and incorporated heroin by reference.~,Please read this attachment carefully, as it
contair~ iraporamt provlslons which will govern our legal relationship in the evenl you deci~ to
enmr into a contract with us. When you wish to proceed, please sign in the space indicated and
return one signed copy to us at our address presentexl on the first page of this proposal.
Sincerely yours,
TItEAD~LL & ROLLO, iNC.
Philip G. Smith
Principal
00091301.PGS
Treadwell & Rollo, In~. Envfronmental & G~technl~al ConBp~nT;
55S Montgomery 8~0~ Suite ~3~, Sen ~nclseo, CA ~&
Telephone (415) 95~40 ~cslmlte (415) 955904~
SEP-~0-~000 04:54PM TEL)415 955 9041 iD)DUBLIH CITY MGR OFFC PAGE:002 R=100~
EXHIBIT B
PAYMENTSCHEDULE
City shall pay Consultant on a time-and-materials basis to an amount not to
exceed the total sum of THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($3,500.00) for services to be performed pursuant to this Agreement. Consultant shall submit
invoices at the end of project based on the cost for services performed in accordance with the
proposal cost estimate of September 18, 2000.
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, fiirthe~ or additional service pursuant to
servme and the price therefor ~s agreed to wn g
this Agreement unless such extra ~n t~n 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 nd 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 shal-1 maintain adequate logs and timesheets in order to verify costs incurred to date.
The Consultant is not authoriied to perform any. services or incur any costs
whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Dublin.
Exhibit B
Page 1 of 1
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EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with 'City employees
and reviewing records and the information in possession of City. The location, quantity, and
time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility which may involve incurring any direct expense,
including, but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit C
Page 1 of 1
1 O/10/00
EXHIBIT D
GENERAL PROVISIONS
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.
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.
/'
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. t
INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the
Consultant's bid.
A,
Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form ;Comprehensive General Liability; dr 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
Califomia and Employers Liability Insurance.
Exhibit D
Page 1 of 5
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Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(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/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
(3)
Workers Compensation and Employers Liability: Workers Compensation limits
as required by the Labor Code of the State of Califomia and Employers Liability
limits of $1,000,000 per accident.
Other Insurance Provisions.
following provisions:
(1)
The policies are to contain, or be endorsed to contain, the
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.
(b)
The Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
(C) ·
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.
Exhibit D
Page 2 of 5
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(3) Professional Liability.
Consultant shall carry professional liability insurance at limit of liability of no
less than $1,000,000 and with a deductible no greater than $80,000 per claim to
protect Consultant against liability caused by negligent acts, errors or omissions
on the part of the Consultant in the course of performance of the services specified
in this Agreement.
(4) All Coverages.
Each insurance policy required by this clause shall be end0r~ed to state that
coverage shall not be canceled by either party except after thirty (30) days prior
written notice has been given to the City, except for cancellation for nonpayment
of premium, in which case the notice period shall be ten (10) days.
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A.(V).
Verification of Coverage. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coCerage required by this clause. The certificates
and endorsements for each insurance pallicy 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 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.
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.
ASSIGNMENT PROHIBITED. N'o party to this Agreement may assign any right or obligation
pursuantTto this Agreement. Any attempted or purported assignment of any fight or obligation
pursuant to this Agreement shall be void and of no effect.
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.
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
Exhibit D
Page 3 of 5
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10.
11.
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.
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, on account of the
negligent performance or character of the work, unforeseen difficulties, accidents, occurrences
or other causes, but only to the extent caused by the negligence of the Consultant or of his
subconsultant. Consultant shall indemnify and hold harmless the City, its officers, officials,
directors and employees from and against loss, liability, expense, costs (including reasonable
costs of defense), and damages to the extent caused by the negligent performance of the work.
This paragraph shall not be construed to exempt the City, ks employees and officers from its
own fraud, willful injury or violation of law whether willful or negligent. 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 donsii!teration.
Approval of the insurance contracts does not relieve the Consukant or subconsultants from
liability under this paragraph. '
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.
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 ~stricted authority to publish, disclose (as may be
limited by the provisions of the California Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Exhibit D
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