HomeMy WebLinkAbout4.11 AgmntGeorgeHomolka
CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 2/ 1999
SCBJECT:
Agreement with George E. Homolka. Inc. for Dublin Ranch. Areas
F. G &. H Planned Dc\'elopment Infrastructure Consu1ting
Engineering Services
Repon Prepared by: Lee S. Thompson. Public Works Director
A TTACHl\lE:\'TS:
1)
2)
Resolution
Proposed Agreement
RECOMMENDATIOX .~ IV Adopt resolution approving agreement
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FI:\'A:\'CIAL STA TEME1\T:
The proposed fee for the \\ork on a time 2.nd materials basis not to
exceed 5>SO.OOO for one year. The cost of ser\'Ïces to be provided
under this agreement would be paid by the deposits received from
the Dublin Ranch Areas F. G &. H De\'eloper (Jennifer Lin),
DESCRIPTION: This proposed agreement covers the engineering services needed to
process and review the Dublin Ranch Areas F. G & H Planned Development. Recently, Jennifer Lin
submitted a General Plan Amendment. Specific Plan Amendment and Rezoning application for Dublin
Ranch Areas F. G & H and will be submitting the Master Tentative Map for processing in the next feY\'
months. It is proposed to hire George Homolka as a consultant to assist staff in the overview and
coordination of the engineering consultants an.d the engineering review of all associated infrastructure
planning. ~1r. Homolka has been doing consulting work for the City of Dublin in relation to the Eastem
Dublin 1-580 interchanges as we]] as similar work in the Tri-Va]]ey area.
As noted in the Financial Statement above, the cost of services will be paid from deposits from Jennifer
Lin. the developer of Dublin Ranch Areas F, G and H.
Staff recommends that the City Council adopt the resolution approving the agreement.
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COPIES TO: George Homolka
ITEl\1 NO.
4.11
g:\engr\homolka\agst agmt :!Mar99
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RESOLUTIO:;\f NO. - 99
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A RESOLUTION OF THE CITY COUl'\CIL
OF THE CITY OF DUBLI~
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APPROVING AGREEMENT \\'ITH GEORGE E. HOMOLKA, Il'ìC.
FOR CONSULTING ENGINEERING SERVICES
WHEREAS. future freeway and inter-agency infrastructure is planned to be constructed as part of
t]le development process in Eastern Dublin: and
WHEREAS. a Planned Development project is proposed for Dublin Ranch Areas F. G &. H
(previous]y the Pao Yeh Lin propeny) which includes a General Plan Amendment. Specific Plan
Amendment and Rezoning; and
V·/HEREAS. the City desires to utilize the services of George E. Homolka. Inc. to provide the City
with coordination of engineering review of the infrastructure pla¡ming as it re]ates to the Genera] Plan
Amendment. Specific Plan Amendment. and Rezoning. and related activities: and
WHEREAS. George E. Homolka. Inc. has and is providing the City with other consulting work in
a professional and satisfactory manner.
NO\\'. THEREFORE. BE IT RESOLVED that the City Council of the City of Dublin hereby
ap1JlOves the agreement with George E. Homolka, Inc. for consulting engineering services.
BE IT FL'R THER RESOL VED that the Mayor is authorized to execute the agreement.
PASSED. APPROVED AND i\DOP-r:ED this 2nd day of March. 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City C]erk
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STA:\DARD
CONSULTING ENGINEERING SERVICES AGREEl\1ENT
THIS AGREEMENT is made at Dublin, Califomia, as of March 2, 1999. by and between
the CIT\- OF DLíBLIN, a municipal corporation ("City"), and George E. Homolka, Inc. ("Consultant").
who agree as foHows:
1. SERVICES. Subject to the teTITIS and conditions set forth in this Agreement,
Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said
seITices at the time, place. and in the manner specified in Exhibit A.
2. PAYMENT. City shaH pay Consultant for services rendered pursuant to this
Agæement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B
shall be the on]y payments to be made to Consuhant for sen'ices rendered pursuant to this Agreement.
Consultant shaH submit all billings for said sen'ices 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 simi]ar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhi~,it C, Consultant shall. at
its sole cost and expense. fumish all facilities and equipment which may be required for fumishing
se:ë\'ices pursuant to this Agreement. City shall fumish to Consultant only the facilities and equipment
listed in Exhibit C according to the tem1S and conditions set forth in Exhibit C.
4. GP'ERA.L PROVISIONS. The general pro\'isions 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 teTITI or condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits reférred to herein are attached hereto and are by this reference
incorporated herein.
6. SUBCONTR.Â.·CTING. The Consultant shall perfoTITI the work contemplated with
resources availabJe within its OVvTI organization and no portion of the work pertinent to this contract shall
be subcontracted without \\Titten 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 senrices by
Consultant to be perfoTITIed under this Agreement. Such changes, including any change in the amount of
Consultant's compensation \vhich are mutually agreed upon by City and Consultant, shall be effective as
amendments to this Agreement only when in vvTiting.
8. RESPONSIBLE CHARGE. Consultant shaH 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
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Agreement
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project team v.·ithout prior v.Titten approval by the City. The Project Manager for Consultant shall be
George Homolka of George E. Homolka. Inc., shall be the designated oversight manager. The Project
Manager shall not be removed or replaced without prior \\Titten approval by the City's Contract
Aòministrator.
9. CO"'JTRA,CT ADMINISTR..A. TION. This Agreement shall be administered by LEE S.
THO~1PSO?\ ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. :'\OTICES. Any \\Titten notice to Consuhant shall be sent to:
George E. Homolka, Inc.
4039 'Vest Lakeshore Drive
San Ramon CA 94583
AillY \\Titten notice to City shall be sent to:
Lee S. Thompson
Director of Public \Vorks/City Engineer
P. O. Box 2340
Dublin, CA 9456S
Executed as of the day first above stated:
CITY OF DUBLIN,
a municipal corporation
Bv
"City"
Attest:
City C]erk
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By
.J,~-~ ? ~
"Consultant"
Approved as to Îorm:
City Attorney
Agreement
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDLLE
Review, schedule and oversee the processing of the engineering review of the proposed Dublin
Ranch lueas F. G & H infrastruture planning as it relates to the General Plan Amendment.
Spe;:ific Plan .-\Jnendment and Rezoning and tentative map re\'iew, to include:
1)
Re,'iew Engineer" s estimates of work. review of a]] p~eliminary Engineering documents
and updates from data received from proponent' s engineer.
:::)
Anend meetings and coordinate \vith Staff deve]opers, developers' engineers, and at CÏty
Council.
3)
Prepare and maintain schedule of work.
4)
Review Tentative Maps and precise alignments.
5)
Coordinate the phasing of infrastructure improveme~ts.
6)
Review General Plan Amendment, Specific Plan Amendment and Rezoning documents.
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Assist stafÌ in preparing conditions of approval.
S)
Review traffic reports.
Review Storm Drain Master Plans.
10)
Reviev." and coordinate Precise Street Alignments.
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Coordinate phasing of freeway improvements to development.
12)
Review mass grading plans.
13)
Coordinate and review master plan studies for sanitary sewer, water and joint trench
improvements.
Exhibit A
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EXHIBIT B
PA YME:\T SCHEDCLE
City shall pay C onsuhant at a rate of $125 per hour, not to exceed the tota] sum of
580.000 for one year of services to be performed pursuant to this Agreement. Consuhant shall
submit im'oices on a monthly basis.
City shall make no payment for any extra, further or additional ser\'Ìce pursuant to
this Agreem::nt unless such extra service and the price therefor is agreed to in \\Titing executed
by the Cit~, :\1anager or other designated official of City authorized to obligate City thereto prior
to the time such extra service is rendered and in no event shall such change order exceed twenty-
five percent (25°,ó) of the initial contract price,
The term of this Agreement is designated as three years. terminating on June 30.
~002: however, the services to be provided under this Agreement may be terminated v;ithout
cause at any point in time in the soJe and exclusive discretion of City. Budgets for the
subsequent tv;o years of the contract will be negotiated and be subject to the budgetary approval
of the City Council. If the Agreement is terminated by City, Consultant shall be entitled to
receive just and equitable compensation for any satisfactory \vork 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. ConsuJtant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement. Consultant shall maintain adequate logs lli'1d
timesheets in order to verify costs incurred to date.
The ConsuJtant is not authorized to perform any services or incur any costs
whmsoever 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
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EXHIBIT C
City shall fumish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
anò reviewing records and the infom1ation in possession of City. The location, quantity, and
time of furnishing said physical facilities shaJI be in the so] e discretion of City. In no event shall
City be obligated to fumish 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
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EXHIBIT D
GENER.\L PROVISIO:\'S
1.
I:'\DEPENDENT CONTR.4CTOR. At all times during the terI11 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 ser\'ices rendered
pursuant to this Agreement; ho'\\'ever. City shall not ha\'e the right to control the means by which
Consultant accomplishes ser\'ices rendered pursuant to this Agreement.
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LICENSES: PER.~1ITS: ETC. Consultant represents 2nd warrants to City that he has all
licenses, perI11its, qualifications and appro\'als of whatsoever nature which are legally required
for Consultant to practice his profession. Consultant represents and warrants to City that
Consuhant shall, at his sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and apprO\'als which are legally required for Consuhant to
practice his profession.
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TIME. Consultant shall de\'ote such time to the performance of ser\'ices pursuant to this
Agreement as may be reasonably necessary for satisfactory perforn1ance of Consultant's
obligations pursuant to this Agreement.
4.
I'\'SUR.4NCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the perforI11ance 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 ScoDe ofInsurance. '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 co,'ering Broad Form Comprehensive General Liability; or Insurance
Ser\'ices Office Commercial General Liability coverage ("occurrence" fOrI11 CG
0001).
(2) Insurance Services Office fOrI11 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 Emp]oyers Liability Insurance.
B. Minimum Limits oflnsurance. Consultant shall maintain limits no less than:
Exhibit D
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(1)
General Liability: S I ,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 genera]
aggregate limit shall apply separateJy to this project/location or the general
aggregate limit shall be twice the required OCCU0ence limit.
(2) Automobile Liability: S 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 Cali fomi a and Employers Liability
limits of S 1 ,000.000 per accident.
C. Deàuctibles and Self-Insured Retentions. Any deductibJes or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductib1es or self-insured retentions as respects the City, its
oÎfice;-s. officials and employees: or the Consultant shall procure a bond guaranteeing
payment of Josses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain. or be endorsed to contain. the
folJo\\'ing provisions:
(1
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General LiabiJity 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 perfoffi1ed by or
on behalf of the Consultant; products and completed operations of the
Consultant premises owned, occupied or used by the Consultant. or
automobiJes owned, leased, hired or borrowed by the ConsuJtant. 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 shaH bc excess of the Consultant's insurance and shaH not
contribute \vith it.
(c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
Exhibit D
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(d)
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought except v,ith respect to the limits of
the insurer's liability.
(2) \Vorker'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
perÌoffiled by the Consultant for the City.
(3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days prior \\Tinen notice by certified
mail, retum receipt requested, has been given to the City.
E. Accemabilitv ofInsurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A: VIII.
F. Verification of Coverarre. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right
to require compJete, certified copies of all required insurance policies, at any time.
G. The Risk Manager of City may approve a variation of those insurance requirements upon
a determination that the coverages. scope, limits and forn1s of such insurance are either
not commercially available or that the City's interests are otherv.'ise fully protected.
5. CONSUL TANT NO AGENT. Except as City may specify in \\-Titing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City
to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no efÎect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant shall, immediately upon
receiving notice from City of such desire of City, cause the removal of such person or persons.
Exhibit D
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8. STANDARD OF PERFOR..\1ANCE. Consultant shalJ 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 \\'hich Consultant is engaged in the geographical area in \\'hich
Consultant practices his profession. AlJ instruments of service of whatsoever nature which
Consultant delivers to City pursuant to this Agreement shaH be prepared in a substantial. first
class and workmanlike manner and conform to the standards of quality normaIly observed by a
person practicing in Consultant's profession.
9 HOLD HARMLESS AND RESPONSIBILITY OF CONSUL TA?\TS. Consuhant shalJ take aU
responsibility for the work, shalJ bear all losses and damages directJy or indirectly resuJting to
him, to any subconsultant, to the City·, to City officers and empJoyees, or to parties designated by
the City. on account of the negligent performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of
the Consultant or of his sub consultant. ConsuJtant shaIl indenmify, defend and hold harn1less the
City, its officers. officials, directors, employees and agents from and against any or alJ loss.
liability, expense, claim, costs (including costs of defense), suits. and damages of every kind.
nature and description directly or indirectly arising from the negligent performance of the work.
This paragraph shalJ not be construed to exempt the City, its employees and officers from its own
fraud. wilJful injury or violation of lav.. whether wiIlful or negligent. For purposes of Section
=782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a
construction contract. By execution of this Agreement Consultant acknowledges and agrees that
he has read and understands the provisions hereof and that this paragraph is a material element of
consideration.
Approval of the insurance contracts does not relieve the ConsuJtant or subconsultants from
liability under this paragraph.
10. GOVER..l\MENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shaH comply with alJ applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
11. DOCUMENTS. AIl reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or other \\Titten documents or materials prepared by ConsuJtant
pursuant to this Agreement shaIl 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 shaIl be subject to private use, copyrights, or
patent rights by Consultant in the United States or in any other country without the express
\\Titten consent of City. City shaIl have unrestricted authority to publish, disclose (as may be
limited by the provisions of the California Public Records Act), distribute, and otherv-..ise use,
copyright or patent, in \\'hole 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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