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HomeMy WebLinkAbout7.3 Santina&ThompsonEngrRev - -. . . ,"- CITY OF DUBLIN AGENDA STATEMEN'l City Council Meeting Date: June 1, 1993 SUBJECT: Engineering Contract Review (Santina & Thompson) Report by Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) ~personnel utilization charts 2) / Current Agreement dated July 1, 1992 3) / Letter from Peter F. santina dated February 12, 1993 4) ~ Resolution and Proposed Amendment to Agreement RECOMMENDATION, ~cK 1) 2) Review services provided by Santina & Thompson Adopt resolution approving amendment to agreement and authorize Mayor to execute the amendment. FINANCIAL STATEMENT: Work is primarily performed on an as-needed basis in accordance with a specified rate schedule. No change in rates is proposed for Fiscal Year 1993-94. DESCRIPTION: The City has contracted with the firm of Santina and Thompson for general professional engineering services since 1983. Over the years, the scope of the contract has been reduced as the City hired Staff to replace contract positions. The most recent change occurred in the fall of 1991, when the City hired an additional Public Works Inspector and an Engineering Technician which replaced services previously provided by Santina and Thompson. The contract with Santina and Thompson initially allowed the City the flexibility to gear up in a hurry to provide the major street projects that had not been done under County jurisdiction and then reduce the workload without requiring City personnel layoffs. The contract also allows for flexibility in the private development plan check workload without the City maintaining a fixed number of Staff to do this work. It also allows for the completion of overflow work when City Staff is unable to perform or complete projects in-house. All functions are to be performed on an as-needed basis. These tasks include private development plan review and inspection, surveying and legal descriptions, capital project design and inspection, resident engineer and/or construction management, government agency coordination, drafting, and any other engineering functions that City Staff is unable to perform economically or due to time constraints. General Enqineerinq General Engineering work includes updating of the City maps as necessary; minor studies; deed descriptions; map printing charges; and Capital Improvement project estimates. It is anticipated that the workload for General Engineering consulting needs in Fiscal Year 1993-94 will be approximately the same as in 1992-93. As discussed in the section on staffing, less than 30 hours are projected in this category for FY 1992-93. Due to the slowdown in private development in the past, more General Engineering work has been undertaken by in-house Staff. Development Review Review of Private Development projects in past years included Site Development Reviews, Conditional Use Permit Reviews, Tentative Maps, and Rezonings. This review of private development submittals during the preliminary planning stages has been ITEM NO.~ COPIES TO: Peter F. Santina . . . taken over by the City's senior Civil Engineer position. When time constraints prohibit this work being done by in-house staff, Santina and Thompson has been requested to provide plan review services. During the last year, the type of development plan checking done by Santina and Thompson was for subdivision improvement plans and Final Subdivision Maps. In Fiscal Year 1992-93, santina and Thompson has provided plan-checking services for Hansen Ranch and the Almond Plaza entrance from San Ramon Road. In the area of subdivision plan checking and inspection, the City is able to insure a proper system of checks and balances. The agreement with Santina and Thompson prohibits them from performing work for other clients within Dublin's City Limits or Sphere of Influence. This prevents a situation in which santina and Thompson could prepare plans for a private developer and then complete the review on behalf of the city. proiected Private Development Needs in FY 1993-94 While no new residential developments are expected other than Hansen Ranch, the amount of private development plan checking has the potential to increase for FY 1993-94 in the area of commercial development. Santina and Thompson would be involved in checking plans for the Price Club development and the B.J.Dublin Commercial property on the Dublin Boulevard Extension, if these projects go forward. Since development work has been sporadic and varies greatly from year to year, it is still better to work with a contractor with a pool of people so as not to cause delays when several plan checks are received at one time. Conversely, when the volume of work is low, it is not necessary to layoff City Staff or modify work assignments. The cost of private development plan checking and inspection work, plus a surcharge for City overhead costs, is recovered from the developer. Capital ImDrovement Proiects Recent capital Improvement Projects have been for the construction of parks, school field improvements, and landscaping projects that have been designed by landscape architecture firms. The City has also contracted with other engineering firms to provide design services for the following major Capital Improvement projects: the Dublin Boulevard Extension, the Dublin Boulevard/Silvergate Drive Intersection project, and the Dublin Boulevard Bridge Deck Repair. Other small Capital Improvement projects such as the Annual Street overlay, North Avenue Bike Path, Sidewalk Safety Repair, and Topaz Circle Landscaping, have been largely designed in-house. On the North Avenue Bike Path, santina and Thompson provided survey cross sections and performed some drafting. Plans and specifications for maintenance contracts such as the Annual Street striping, the overlay Program, and the Slurry Seal Program were prepared by Santina and Thompson Staff in 1991-92 but are now done by the City's Engineering Division Staff. Construction survey staking for street improvement projects has typically been included in the specification as work to be provided by the contractor, except that federally-funded project staking (for example, on the San Ramon Road Phase IV project) must be done by in-house or City-contracted services per State requirements. This past year, Santina and Thompson has worked on one major capital Improvement Project. Resident engineer/project management services, some plan checking, and inspection were provided for the Dublin Boulevard Extension project. This project was designed by the firm of Wilsey and Ham. This once again provides for a separation of duties between design and construction. The cost of the Resident Engineer services is partially reimbursed by the Dublin Boulevard Extension project. The funding for this project includes property owner assessments as well as the BART loan. A santina and Thompson Public Works Inspector worked on the Dublin Boulevard Extension from the SPRR to Tassajara Road, providing the full-time monitoring required for bridge construction. This work was conducted at the same time as other work on the two Dublin Boulevard Extension projects, and the in-house inspectors were not available for continuous monitoring. Page 2 - . . . Work on capital Projects is on a not-to-exceed time and materials basis. The only major current project in which Santina and Thompson is involved is the Dublin Boulevard Widening, which has been on hold pending outside funding. It is possible that some part time inspection may be provided to cover City staff vacations and/or busy periods. Table I below indicates total projected engineering cost by capital project for FY 1992-93. TABLE I ESTIMATED TOTAL ENGINEERING COST BY CAPITAL PROJECT FISCAL YEAR 1992-93 Dublin High School Stadium Renovation: Dougherty Road Improvements: Dublin Boulevard Widening: Street Subdrains: Dublin Boulevard Extension (Dougherty to SPRR): Dublin Boulevard Extension (SPRR to Tassajara): North Avenue Bike Path: Downtown Street Lights: $ 176 214 590 130 36,755 16,679 6,968 520 Total: $62,032 Proiected Needs for 1993-94 CaDital proiects Based on the City's projected financial situation, it is expected that no new large design projects will be started in 1993-94. santina and Thompson may provide minor Capital Improvement service on an as-needed basis such as small topographic surveys. As previously indicated, this work would be completed on a not-to-exceed time and materials basis. As shown in Table II below, the cost of work on Capital Projects pursuant to this agreement is projected to be no more than $23,000 in FY 1993-94. TABLE I I ESTIMATED TOTAL ENGINEERING COST BY CAPITAL PROJECT FISCAL YEAR 1993-94 Topographic survey work for the Alamo creek Bike Path Topographic survey work for the Dougherty Road/Sierra Lane traffic signal Topographic survey work for the widening of one south- bound lane on Dougherty Road between Amador Valley Boulevard and the SPRR right-of-way complete the Dublin Boulevard Widening plans if that project receives ISTEA funding $ 2,500 2,500 3,000 15,000 Total: $23,000 Staffinq Exhibit 1 indicates a breakdown of person-hours by job classification and by major categories of work (i.e., General, Private Development, capital Projects, Assessment District) . The total projected hours for 1992-93 are approximately 920 hours, less than half of the actual hours expended in 1991-92. This represents the equivalent of approximately one half-time position. These hours were provided by 9 different levels of expertise. The largest number of hours were related to Resident Engineer and Inspection services discussed above in the Capital projects section. Only 108 of the total projected hours for FY 1992-93 are attributable to the two general engineering activities: 87.5 hours in the General Engineering [75% rate) category and 20.5 in the reimbursable Private Development category. The categories of Private Development and capital projects are the areas which have the largest potential for fluctuation of work effort required. The current low Page 3 . . volume of work would not warrant further hiring of city personnel to carry out these activities. It is also not practical to go out to proposal every time Staff needs help on a plan check or a portion of a design project. It is proposed that on-site staffing by santina and Thompson be provided only on an as-needed basis. Private development plan review, design work, and drafting takes place in Santina and Thompson's concord office. If the services of resident engineer or construction manager are needed, or if additional part-time inspection staff is needed, those persons would be assigned a specific number of hours per week in the City offices to deal with those tasks. Costs Table III below identifies the historical breakdown of costs under the Santina and Thompson contract. TABLE III HISTORICAL BREAKDOWN OF COSTS Est. Recommended 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 Gen. Engr./ Inspection 5146,439 5 56,827 5109,226 5 54,996 5 16,000 5 1.500 S 1,000 Engr/Insp pd bv priv. dev. 204,358 154,115 201. 255 146.829 27,028 1,500 8,000 Capital proj. Enor./Insp. 340,515 262,520 117,339 351. 188 110,294 62,032 23.000 Assess Dist Enoineerino 10,133 10,575 12,197 9,739 886 1,119 0 $701,445 $484,037 $440,017 $562,752 $154,208 $ 66,151 $32,000 The total cost of contract engineering has tended to decrease over the past five years as shown above. The largest part of the reduction is attributable to adjustments in the scope of work to reflect decreased development activity and the hiring of in-house personnel. Also, the firm has been less involved in Capital Project design. The City has previously evaluated the services to determine at what point the service becomes more cost-effective if performed by City Staff. Aqreement For FY 1992-93, a new agreement was prepared which reflected the reduced scope of work and defined a new errors and omissions insurance limit (Exhibit 2). For FY 1993-94, Staff is proposing that the agreement be extended for an additional two- year period. Santina and Thompson is not proposing any rate increases for FY 1993- 94 (Exhibit 3). The amendment to the agreement would allow santina and Thompson to propose a rate increase for the City's approval for FY 1994-95. Santina and Thompson charges the City of Dublin 75% of the rates shown on the rate schedule for General Engineering or Capital Improvement work performed from the city offices, or for work performed from the City offices on permits or applications for which a fixed fee is charged. Recommendation Staff recommends that the City Council review the services of santina and Thompson, provide any additional input and comments, adopt the resolution approving the amendment to the agreement (Exhibit 4), and authorize the Mayor to execute the amendment. Page 4 . . SANTINA AND THOMPSON HOURS BY JOB CLASSIFICATION 1991 - 92 GENERAL PRIVATE CAPITAL ASSESS. ID'illB DEVEL. PROJECTS DISTRICT TOTAL PRINCIPAL 1 5.5 2 6 14.5 PROJECT MANAGER 4.5 26 0 0 30.5 PROJECT ENGINEER 24.5 74 142.5 1 242 SENIOR ENGINEER 0 2 72.5 0 74.5 ASSOC. ENGINEER 12 131. 5 124.5 0 268 ENGINEER I .5 78.5 0 0 79 RESIDENT ENGINEER 0 0 330 0 330 INSPECTOR 174 28 489 0 691 DRAFTING 4.5 0 142 0 146.5 SURVEYING 2 8 93 0 103* PLANNER 0 0 44 0 44 CLERICAL 3.5 3.5 55.5 0 62.5 COMPUTER TIME 1.5 1.5 TOTAL 226.5 357 1496.5 7 2087 *For purposes of this report, 2-man crew hours have been converted to person hours. I ~~~-:Ctflltt~~ Ci~-:-- . . SANTINA AND THOMPSON HOURS BY JOB CLASSIFICATION 1992 - 93 PROJECTED TOTALS GENERAL PRIVATE CAPITAL ASSESS. ENGR DEVEL. PROJECTS DISTS. TOTAL PRINCIPAL 0 0 0 5 5 PROJECT MANAGER 0 0 21 4.5 25.5 PROJECX ENGINEER 3.5 0 23.5 0 27 SENIOR ENGINEER .5 0 0 0 0.5 ASSOC. ENGINEER 0 20 0 1 21 ENGINEER I 0 0 0 0 0 RESIDENT ENGINEER 0 0 420 0 420 INSPECTOR 0 0 208 0 208 DRAFTING 80 0 68.5 0 148.5 SURVEYING 0 0 59 0 59 PLANNER 0 0 0 0 0 CLERICAL 3.5 .5 1 0 5 COMPUTER TIME .5 0 .5 TOTAL 87.5 20.5 801. 5 10.5 920 " . . STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 1, 1992, by and between the CITY OF DUBLIN, a Municipal Corporation ("City"), and Santina and Thompson, Inc., ("Consultant"), who agree as follows: 1. TERM OF AGREEMENT. The term of the agreement shall be for one year, beginning on July 1, 1992, and ending on June 30, 1993. This agreement shall supersede all previous agreements that Consultant has or has had with City. City may terminate the services of Consultant by providing 30 days written notice. In the event of such termination, Consultant shall be compensated for 'such services up to the point of termination. Compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If Consultant terminates its services to the City, it must provide written notice at least 90 days in advance of such termination. Notices shall be provided as indicated in Section 14 below. 2. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 3. 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. 4. FACILITIES AND EQUIPMENT. Except 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. S. 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. 6. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 7. OWNERSHIP OF WORK. All documents, data, studies, surveys, drawings, maps, and reports furnished to Consultant by City, as well as reports and supportive data prepared by Consultant under this Agreement shall be considered the property of the City of Dublin, and upon request at the Agreement with Santina and Thompson July 1, 1992 Page 1 i;;j::i~- . '. completion of the services to be performed, they will be turned over to the City of Dublin. 8. COLLECTION OF FEES. All fees to be collected from any private developer, engineer, or architect in connection with the carrying out of the functions set forth above, if collected by Consultant shall be collected in the name of the City. Consultant shall employ recordkeeping measures acceptable to the City with respect to collection of such fees. If fees are collected by the City, Consultant shall review the appropriate City ordinances and fee schedules in effect and shall provide to the persons designated by City for collection of fees, the amount of such fees to be collected. 9. 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. 10. 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. 11. 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 project team without prior written approval by the City. 12. RESTRICTED SERVICE WITHIN CITY BOUNDARIES. Consultant shall provide no services for any client other than the City within the corporate boundaries or sphere of influence of the City during the term of the agreement. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his designee. 14. NOTICES. Registered Mail to: Any written notice to Consultant shall be sent via Santina and Thompson, Inc. 1355 Willow Way Suite 280 Concord CA 94520-5728 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Agreement with Santina and Thompson July 1, 1992 Page 2 . . Executed as of the day first above stated: CITY OF DUBLIN, A Municipq Corporation By ~.~ "City" Attest:~r&!t~ c-L .it Clerk Approved as to form: J.)(, . " U) I (: /. (., ; "'(L'" ." I _,V, ,\) , " 'r City Attorney"' Agreement with Santina and Thompson July 1, 1992 Page 3 . . EXHIBIT A SCOPE OF SERVICES AND SCHEDULE Consultant agrees to provide those general engineering services that may be requested by City during the term of this agreement in a prompt, professional, and workmanlike manner in accordance with the standards of the engineering profession. All work shall be completed to the satisfaction of the City Manager. The general engineering services to be performed pursuant to this agreement are as follows: A. Administrative Duties 1. Attend meetings with City staff, public officials, community leaders, developers, contractors, and the general public, as required by City. 2. At the direction of City, review and comment on planning programs and land development projects which are not only located within the City, but also located outside the City and which may have a traffic impact on the City. 3. When directed, supervise the accounting of State Highway User Funds from the standpoint of meeting State requirements for the expenditure of such funds. The City shall have final authority regarding accounting methods and procedures. 4. Advise the City Manager as to engineering and construction financing available from other governmental agencies and when so directed, prepare and initiate application for such fundings. 5. Recommend ordinances and regulations pertaining to engineering matters when requested to do so. 6. Assist the City to establish working relationships and to coordinate with other public agencies and private utilities involving engineering matters affecting the City. 7. Provide special engineering reports regarding traffic, assessment district formation, annexation, etc., when so requested. B. Traffic Engineering Duties 1. At the request of the City, give direction to and assist City staff in performing traffic studies as necessary and/or required. 2. At the request of the City, recommend solutions to street design problems. Exhibit A Page 1 of 3 . . 3. At the request of the City, provide traffic engineering consultation in connection with traffic circulation, street signs, noise impact, etc. C. Development Review Duties 1. Review proposed developments and make recommendations pertaining to engineering considerations. This includes, but is not limited to, the following: a. Examine each tract map of each subdivision within the City, with respect to its conformity with the tentative map or maps, any approved alterations, and applicable City records and ordinances. b. Examine each parcel map of each division of land within the City with respect to its conformity with the tentative map or maps, any approved alterations, and applicable City records and ordinances. c. Provide detailed plan checking of tract and parcel maps. 2. Check improvement plans for facilities under the jurisdiction of the City that are prepared by private developers. 3. Establish performance and labor and material bond amounts when required, and require the posting of such securities and other development fees within the proper time sequence of such development review. 4. Provide field inspection during the construction of such improvements by private developers and at the proper time recommend notices of completion and acceptance of work. S. Provide such necessary and related functions that are the normal practice of the City in the City engineering review of private developments. 6. Review engineering aspects of planning applications. D. Capital Projects 1. Upon specific and separate authorization by the City, prepare plans and specifications for capital improvement projects. The City reserves the right to bid any project or bring in specialists when deemed necessary by the City or the Consultant. A Capital Improvement is defined as any project in which the construction is performed by someone other than the City forces or the City's designated street maintenance contractor. 2. Provide plan checking of and construction observation during the course of construction of projects performed by City forces. Exhibit A Page 2 of 3 . . E. Planning Provide planning services to the City when requested. F. Surveying Provide field and office surveying services to the City when requested. Exhibit A Page 3 of 3 . . EXHIBIT B PAYMENT SCHEDULE Consultant shall be compensated for work as follows: A. The following work shall be charged at 75 percent of the rates shown in Exhibi t Bw 1. 1. "General Engineering Work" which is performed in or from the Dublin City Office by Consultant's employees that are assigned to the City on a longwterm basis. "Long term basis" employees are defined as employees assigned at a minimum of two (2) eight-hour days per week for a minimum of a GO-day period. "General Engineering Work" is defined as work not chargeable to private developments and shall include state and federally funded CIP work. The City shall not pay Consultant for time spent commuting from the Consultant's office to the City's office for long-term-basis employees. Examples of work meeting the above requirements and proposed to be performed at 75 percent of the rates shown in Exhibit B-1 are as follows: a) Attendance at Commission and City Council meetings. b) General Engineering Work performed from City offices. c) Capital Improvement Work performed from City offices. d) Services performed from City offices which are related to the review, issuance, and inspection of permits which are based on an established fee and the applicant is not charged the actual cost. B. The following work shall be charged at the rates shown in Exhibit Bwl: 1. Capital improvement design work performed from Consultant's office and billed on a time and material basis. Prior to proceeding with the work, a maximum estimated budget shall be agreed to and shall not be exceeded without approval of the City Manager. 2. General Engineering Work performed from the Consultant's offices. 3. Plan checking and other activities which are paid for by a private developer and are based on an established fee. This work may be done at the City's offices or from the Consultant's offices. Exhibit B Page 1 of 1 . . SANTINA&;= THOMPSON,INC. Mwudpal Engineering SLuveying Railroad Engineering Planning PROPOSED HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 1992 PRINCIPAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.50 ENGINEERING: Project Engineer .................................................. 98.00 Senior Engineer .................................................. 88.00 Associate Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 74.00 Engineer I ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56.50 Public Works Inspector (includes vehicle) ................................................. 82.00 Pavement Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37.50 Resident Engineer (includes vehicle) ................................................ 117.00 PLANNING: Director of Planning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 90.00 Senior Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 84.00 Associate Planner ................................................. 65.00 Planner I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51.50 DRAFTING/GRAPIDCS: Senior Drafter .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 65.00 Associate Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57.50 Junior Drafter I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 50.00 Graphic Artist ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44.00 CLERICAL . .... . .... ... .. . . .. . .. .. .. .. .. . . .. .. .... .. .. .. .. ... . .. .. .. . .. . ... .... . .. .. .. .. . . .. .... . .. 33.00 SURVEY: Survey Manager .................................................. 90.50 Survey Supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 81.50 Project Surveyor .................................................. 76.50, Associate Office Surveyor ........................................... 60.00 Office Surveyor I .................................................. 42.50 2.Man Party .................................................... 152.00 1-Man Party ..................................................... 81.50 Effective July 1, 1991 to June 30, 1992 1355 Willo\\' Way, Suite 280 Concord, Caljfornia 94520-5728 510-827-3200 Fax 5HHi87 - tnll . . 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 . . EXHIBIT D GENERAL PROVISIONS 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 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. 2. 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. 3. 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. 4. INSURANCE 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 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; or 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 California and Employers Liability Insurance. B. 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 Exhibit D Page 1 of 4 July 1, 1992 . . general aggregate limit shall apply general aggregate limit. limit is used, either the general aggregate s~parately to this project/location or the limit shall be twice the required occurrence (2) Automobile Liability: $500,000 combined single limit per accident for bodily injury and $100,000 for property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $500,000 per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) 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) Any failure to comply with reporting prov~s~ons of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) 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 4 July 1, 1992 . . (3) Professional Liability. Consultant shall carry, and provide City with evidence of, professional liability insurance in the amount of $1,000,000 to protect against negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. City agrees to immediately notify Consultant, in writing, of any claim against City which may result in City seeking indemnity against Consultant pursuant to this clause. (4) 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, except after thirty (30) days prior written notice by mail has been given to the City. Consultant shall provide City with 30 days' prior written notice of any reductions in the dollar limits of the policy. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VI. F. Verification of Coverage. 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 complete, certified copies of all required insurance policies, at any time. H. 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. 5. 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. 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 effect. 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 Exhibit D Page 3 of 4 July 1, 1992 . . 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. 8. 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 his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, liability, costs, and expenses of wahtever nature, including court costs and counsel fees arising out of injury to or death of any person or persons or loss of or physical damage to any property resulting in any manner from the willful acts or negligence of Consultant, its subcontractors, agents, employees, licensees, or guests in the making or performance of this Agreement. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. 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. 11. 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 unrestricted 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. 12. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided pursuant to this agreement, Contractor shall comply with all applicable State and Federal Laws and regulations, including, but not limited to, laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. a: (contracts)\engr\agrement Exhibit D Page 4 of 4 July 1, 1992 February 12, 1993 R!CEIV~r FEB 12 1593 PUBUC 'flOR1{S . SANTINA&:= THOMPSON.INC Municipal Engineering Swveying Railroad Engineering Planning . Mr. Lee S. Thompson Public Works Director City of Dublin P.O. Box 2340 Dublin, CA 94568 Subject: Annual Contract Review - FY 93/94 Services Dear Lee, The City of Dublin Public Works Department has been affected by the economic downturn. Developers have delayed projects and CIP projects have been deferred for future years. In recognition of the variable service needs of your department, we have not changed our scope of services for Fiscal Year 1993/94 from what we provided this year. We join you in hoping that the economic downturn is short lived and that Dublin will be able to move forward in meeting their goals and objectives. Even though our billing rates for Dublin are lower than what we charge other clients, we propose to keep the Dublin rates unchanged for FY 93/94. Santin a & Thompson, Inc. proposes to provide services for FY 93/94 on an "on call, as needed" basis. The services that we can provide are as follows: 1. Development Review Duties a) Plan checking for grading and improvement plans, record maps. b) Improvement inspection. c) Traffic engineering review of development applications. d) Review engineering aspects of planning applications. 2. Surveying and Legal Descriptions. 3. Capital Improvement Projects. a) Design b) Inspection .~ ~~sci ~ -~~l\a-i'~P~ 1355 Willow Way, Suite 280 Concord, California 94520-5728 51O~827.3200 Fax 510-687-1011 . . Mr. Lee Thompson February 12, 1993 Page Two 4. Resident Engineer/Construction Management. 5. Governmental Agency Coordination. 6. Other services that staff can't perform economically due to lack of appropriate equipment or specialized knowledge. Each of these services is described in greater detail in the proposed agreement for FY 93/94. Thank you for the opportunity to continue our services to the City of Dublin. Because we have been providing services to the City for many years, we have been able to maintain a quality of work exceeding the general standards of the industry. Our knowledge of how your department functions and the background information that we have allows us to provide you with our services more effectively and efficiently than if you had to select a different firm for each service. ~' Peter F. Santina Chief Executive Officer Enclosures - 1) Hours/Job Classification FY 91/92 and 92/93. 2) Cost Information. 3) Proposed Agreement and rate schedule. PEH/ME P9310004.PH\fy93.let SANTINA&= THOMPSON,INC. . . SANTINA&= THOMPSON,INC Municipal Engineering Swveying Railroad Engineering Planning FISCAL YEAR COMPARISON OF ENGINEERING SERVICES ($) Santina and Thompson 1989-90 1990-91 1991-92 1992-93 General Engineering 109,226 54,996 16,000 1,500 Assessment Districts 12,197 9,739 886 1,119 Outside Fees 201,255 146} 829 27,028 1,500 Capital Projects 117,339 351,188 110,294 62,032 TOTALS 440,017 562,752 154,208 66,151 notes: fy92-93 includes estimated fees for 1/93 to 6/93. Reimbursable costs not shown. Resident Engineer and inspection included in capital projects. Surveying costs not included in fy 89-90, included in fys 90-93. City hired Senior Civil Engineer to replace Asst. City Engin. 1/91. City hired Construction Inspector and Engineering Technician 12/91. fy90-91 contains design fees for San Ramon Road 4 and Dublin Blvd. Outside fees went from 16 jobs to 4 to 0 from fy90 to fy91 to fy92. rne\p9310004.ph\dubsurn.93 1355 Willow Way, Suite 280 Concord, California 94520-5728 510-827 -3200 Fax 510-687-1011 . . SANTINA&= THOMPSON.INC. MlUlidpal Engineering Swveying Railroad Engineering Planning PROPOSED HOURLY CHARGE RATES FOR THE CITY OF DUBLIN July 1, 1993 PRINCIPAl.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.50 ENGINEERING: Project Engineer .................................................. 98.00 Senior Engineer .................................................. 88.00 Associate Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 74.00 Engineer I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56.50 Public Works Inspector (includes vehicle) ................................................. 82.00 Pavement Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37.50 Resident Engineer (includes vehicle) ................................................ 117.00 PLANNING: Director of Planning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 90.00 Senior Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 84.00 Associate Planner ................................................. 65.00 Planner I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51.50 DRAFrING/GRAPmcs: Senior Drafter .................................................... Associate Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Junior Drafter I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Graphic Artist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.00 , 57.50. 50.00 44.00 CLERICAl.. .. . .. .. 01 .. .. .. .. . t . .. . '" .. .. . .. .. '" . . . . . . . . . ... .. .... "'. .. . .. ... .. .. .. ... .. . .. .. . .... 33.00 SURVEY: Survey Manager .................................................. 90.50 Survey Supervisor ................................................. 81.50 Project Surveyor .................................................. 76.50 Associate Office Surveyor ........................................... 60.00 Office Surveyor I .................................................. 42.50 2-Man Party .................................................... 152.00 1-Man Party ..................................................... 81.50 Effective July 1, 1993 to June 30, 1994 1355 Willow Way, Suite 280 Concord, California 94520-5728 510-827-3200 Fax 510-687-1011 . . RESOLUTION NO. -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WITH SANTINA AND THOMPSON, INC. WHEREAS, the City Council of the City of Dublin approved an agreement for engineering services with santina and Thompson, Inc., on June 9, 1992; and WHEREAS, the City of Dublin and Santina and Thompson, Inc., have agreed that said agreement shall be extended for two additional years; and WHEREAS, santina and Thompson, Inc. proposes no increases in fees or charges for Fiscal Year 1993-94; and WHEREAS, no further changes to the agreement are necessary; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with santina and Thompson, Inc., which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED, AND ADOPTED this _____ day of June, 1993. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a: (contracts) \engr\amndreso '..~-~"." ~.' 4 - ~ -- - ~ '- " , ..... , . .':. - ~ .. ~., :" ,.. ~ :..<< L. -,:. ,. _. .". :~.~ . ~Lf~ ~.~: ~~~~~~~-w~~~ ~ . . EXHIBIT "A" AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND SANTINA AND THOMPSON, INC. FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and santina and Thompson, Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on June 9, 1992, to provide engineering services to CITY: and WHEREAS, CITY wishes to continue contracting for services from CONSULTANT; and WHEREAS, CITY and CONSULTANT agree that the agreement shall be extended for an additional two-year period; WHEREAS, an adjustment of fees for services rendered is not necessary for the ensuing one-year period (July 1, 1993 to June 30, 1994); NOW, THEREFORE, the parties hereto agree as follows: Extension of Aareement The agreement dated June 9, 1992, shall be extended for a two-year period, beginning July 1, 1993 and terminating June 30, 1995. CONSULTANT may propose an increase in fees and charges on an annual basis for the City's review. CITY OF DUBLIN Mayor ATTEST: City Clerk SANTINA AND THOMPSON, INC. Keith R. Halvorson President Date: a: (contracts) \engr\amndment