CITY COUNCIL AGENDA ITEM
Meeting Date: October 14, 2003
Subject/Title: Approve a Resolution authorizing the City Manager to execute
a Professional Services Agreement with Luhdorff and Scalmanini Consulting
Engineers, Inc., for exploratory test hole drilling, well monitoring, site
evaluation and pre-design report for Water Well 15, CIP Project No.
562-5631, amend the CIP Project Budget and authorize the City Manager to
approve change orders up to 10% of the contract amount.
Submitted by: Engineering: B. Grewal/P. Eldredge
Approved by: John Stevenson, City Manager
Approve a Resolution authorizing the City Manager to execute a Professional
Services Agreement with Luhdorff and Scalmanini Consulting Engineers, Inc.,
for exploratory test hole drilling, well monitoring, site evaluation and
pre-design report for Water Well 15, CIP Project No. 562-5631, amend the CIP
Project Budget and authorize the City Manager to approve change orders up to
10% of the contract amount.
On May 27, 2003, by Resolution No. 2868, the City Council adopted the City’s
2003/04 – 2007/08 Capital Improvement Program that included Water Well 15,
CIP Project No. 562-5631.
The City currently utilizes seven (7) potable water wells as a cost
effective means of supplying a portion of the City’s potable water. In
addition to that, the City has acquired a surface water supply that
currently supplements the groundwater supply and eventually will become the
primary source of potable water. However, the City has always intended upon
utilizing the wells for short term and long term demands. This project is
necessary to accommodate these short term needs while the City continues the
development of the surface water supply and to minimize operational costs
and thus minimize the rates to the customers.
Luhdorff and Scalmanini Consulting Engineers (LSCE) has provided technical,
hydrogeological and permitting assistance to the City on virtually all of
the existing facilities including the exploration and design of Water Well
The services to be provided pursuant to the attached agreement would consist
of coordinating with the City on four (4) test hole locations, exploratory
drilling, water quality sampling, testing and hydrogeological monitoring.
Should a favorable location be found during this process a monitoring well
will be constructed (up to two per contract) to monitor potential yield and
long term quality. Additionally, a predesign report will be prepared which
would subsequently be used to size and design an ultimate facility, should
the City desire to construct one.
City staff is requesting that the budget sheet be modified to move the
unspent amounts in the “prior” column of the CIP Project Budget Sheet to the
current fiscal year 03/04. These funds were previously allocated in the
prior fiscal year but were not utilized due to the timing of the project.
The total cost of this proposal is $193,257, of which $152,720 is
attributable to the drilling of the four test holes and construction of two
monitoring wells. This total amount has been included in the approved
2003/08 Capital Improvement Program Budget with a total project budget of
$1,102,000, which includes $200,000 for planning and design and $50,000 for
project administration from which this contract would be paid from if
CIP Budget Sheet
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LUHDORFF AND
SCALMANINI CONSULTING ENGINEERS, INC., FOR EXPLORATORY TEST HOLE DRILLING,
WELL MONITORING, SITE EVALUATION AND PRE-DESIGN REPORT FOR WATER WELL 15,
CIP PROJECT NO. 562-5631, AMEND THE CIP PROJECT BUDGET AND AUTHORIZE THE
CITY MANAGER TO APPROVE CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT
WHEREAS, on May 27, 2003, by Resolution No. 2868, the City Council adopted
the City’s 2003/04 – 2007/08 Capital Improvement Program that included Water
Well 15, CIP Project No. 562-5631; and
WHEREAS, the City currently utilizes seven (7) potable water wells as a cost
effective means of supplying a portion of the City’s potable water; and
WHEREAS, Luhdorff and Scalmanini Consulting Engineers (LSCE) has provided
technical, hydrogeological and permitting assistance to the City on
virtually all of the existing facilities including the exploration and
design of Water Well 14.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood,
that the City Manager be authorized to execute a Professional Services
Agreement with Luhdorff and Scalmanini Consulting Engineers, Inc.
BE IT FURTHER RESOLVED that the City Council of the City of Brentwood amend
the CIP Project Budget.
BE IT FURTHER RESOLVED that the City Council of the City of Brentwood
authorize the City Manager to approve change orders up to 10% of the
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 14th day of October 2003 by the following vote:
AGREEMENT FOR PROFESSIONAL QUALITY ASSURANCE SERVICES OF
LUHDORFF AND SCALMANINI CONSULTING ENGINEERS, INC.
This Agreement is made and entered into this 14th day of October 2003, by
and between the CITY OF BRENTWOOD municipal corporation existing under the
laws of the State of California, (hereinafter referred to as “CITY”), and
Luhdorff and Scalmanini Consulting Engineers, Inc., with offices located at
500 First Street, Woodland, CA 95695, (hereinafter referred to as
A. CITY desires certain professional consultant services hereinafter
B. CITY desires to engage CONSULTANT to provide these services by reason of
its qualifications and experience for performing such services and
CONSULTANT has offered to provide the required services on the terms and in
the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 – SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is
to provide to the CITY, professional services as provided by CONSULTANT as
Exhibit “A” for the exploratory test hole drilling, well monitoring, site
evaluation and pre-design report for Water Well 15, CIP Project No.
SECTION 2 – DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical
accuracy and coordination of all work furnished by CONSULTANT under this
Agreement. CONSULTANT shall, without additional compensation, correct or
revise errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described
under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons
necessary to perform the services of CONSULTANT.
It is understood that Tom Elson will be the designated representative
providing services to the CITY and this designated representative shall not
be replaced without the CITY’s approval.
SECTION 3 – DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the
CITY shall examine documents submitted by CONSULTANT and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay in the
progress of CONSULTANT’S work.
SECTION 4 – TERM
The services to be performed under this Agreement shall commence on October
14, 2003 and be completed on December 31, 2004.
SECTION 5 – PAYMENT
Payment shall be made by CITY only for services rendered and upon submission
of a complete payment request and CITY approval of the work performed
payment would be made within 30 days of receipt of CONSULTANT’S complete
payment request. The CITY shall pay the CONSULTANT at the rates and for the
hours actually performed by the CONSULTANT in accordance with the rates set
forth in Exhibit “A” not to exceed $193,257.
SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have
by law, CITY shall have the right to terminate this Agreement or suspend
work on the Project for any reason upon ten (10) days’ written notice to
CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon
receipt of said written notice.
Upon termination and upon CITY’S payment of the amount required to be paid,
documents become the property of CITY, and CONSULTANT shall transfer them to
CITY upon request without additional compensation. Upon termination or
expiration of this Agreement, the obligations of the parties shall cease,
save and except from those provided under Sections 7, 8, 10, 11, 12, 14, 15,
SECTION 7 – OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement,
although instruments of professional service, are and shall be the property
of CITY, whether the project for which they are made is executed or not. Use
of the instruments of professional service by CITY for other than the
project, is at CITY’S sole risk without legal liability or exposure to
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the
performance of this Agreement are confidential until released by CITY to the
public. CONSULTANT shall not make any such documents or information
available to any individual or organization not employed by CONSULTANT or
CITY without the written consent of CITY before any such release.
SECTION 9 – INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not
acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services
under this Agreement.
SECTION 10 – CONSULTANT’S STATUS
It is expressly agreed that in the performance of the professional services
required under this Agreement, CONSULTANT shall at all times be considered
an independent contractor as defined in Labor Code Section 3353, under
control of the CITY as to the result of the work but not the means by which
the result is accomplished. Nothing herein shall be construed to make
CONSULTANT an agent or employee of CITY while providing services under this
SECTION 11 – INDEMNITY
CONSULTANT, in the performance of professional services, under this
Agreement shall indemnify, defend, and hold harmless CITY, its directors,
officers, employees and agents from any claim, loss, injury, damage, and
expense and liability to the extent arising out of the negligence, errors,
omissions, or wrongful acts of CONSULTANT, its employees, subcontractors, or
agents. For liability for other liability arising out of professional
services, CONSULTANT shall indemnify, defend, and hold harmless, CITY, its
directors, officers, employees, and agents from any loss, injury, damage,
and expense and liability resulting from injury to or death of any person
and loss of or damage to property, or claim of such injury, death, loss or
damage, caused by an act or omission in the performance under this Agreement
by CONSULTANT, its employees, subcontractors, or agents, except for any
loss, injury, or damage caused by the active negligence or willful
misconduct of personnel employed by CITY.
SECTION 12 – INSURANCE
The CONSULTANT shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of
not less than $1,000,000.00 each occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be
no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less
than $1,000,000.00 each occurrence. Such insurance shall include coverage
for owned, hired, and non-owned automobiles.
C. Errors and omissions insurance in the minimum amount of $1,000,000.00
D. Workers Compensation in at least the minimum statutory limits.
E. General Provisions for General Liability and Auto Liability Insurance,
all insurance shall:
1. Include the City of Brentwood, its elected and appointed officers,
employees, and volunteers as additional insureds with respect to this
Agreement and the performance of services in this Agreement. The coverage
shall contain no special limitations on the scope of its protection to the
above-designated insureds except for Workers Compensation and errors and
2. Be primary with respect to any insurance or self-insurance programs of
CITY, its officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed
policy endorsements in addition to a certificate of insurance.
4. No changes in insurance may be made without the written approval of the
City Attorney's Office.
SECTION 13 - NONASSIGNABILITY
Personal Services of Consultant: Both parities hereto recognize that this
Agreement is for the personal services of CONSULTANT and cannot be
transferred, assigned, or subcontracted by CONSULTANT without the prior
written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that
CONSULTANT is skilled in the professional calling necessary to perform the
work and will perform the work agreed to be done under this Agreement
utilizing a specialist standard of care and that CITY relies upon the skill
of CONSULTANT to do and perform the work in the most skillful manner, and
CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT'S
work by CITY does not operate as a release of consultant from said
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant,
or condition of this Agreement or of any provisions of any ordinance or law
shall not be deemed to be a waiver of such term, covenant, condition,
ordinance or law or of any subsequent breach or violation of same or of any
other term, covenant, condition, ordinance or law or of any subsequent
breach or violation of the same or of any other term, condition, ordinance,
or law. The subsequent acceptance by either party of any fee or other money
which may become due hereunder shall not be deeded to be a waiver of any
preceding breach or violation by the other party of any term, covenant, or
condition of this Agreement of any applicable law or ordinance.
SECTION 16 - COSTS AND ATTORNEYS’ FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and in
total amount not exceeding $5000, shall be recoverable as costs (by the
filing of a cost bill) by the prevailing party in any action or actions to
enforce the provisions of this Agreement. The above $5000 limit is the total
of attorneys’ fees recoverable whether in the trial court, appellate court,
or otherwise, and regardless of the number of attorneys, trials, appeals, or
actions. It is the intent of this Agreement that neither party shall have to
pay the other more than $5000 for attorneys’ fees arising out of an action,
or actions to enforce the provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall
comply with applicable regulations governing equal employment opportunity.
Neither CONSULTANT nor any of its subcontractors shall discriminate in the
employment of any person because of race, color, national origin, ancestry,
physical handicap, medical condition, marital status, sex, or age, unless
based upon a bona fide occupational qualification pursuant to the California
Fair Employment and Housing Act.
SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that
it be submitted to mediation. The parties shall meet in mediation within 30
days of a request. The mediator shall be agreed to by the mediating parties;
in the absence of an Agreement, the parties shall each submit one name from
mediators listed by either the American Arbitration Association, the
California State Board of Mediation and Conciliation, or other agreed-upon
service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party
shall be deemed the prevailing party. No party shall be permitted to file a
legal action without first meeting in mediation and making a good faith
attempt to reach a mediated settlement. The mediation process, once
commenced by a meeting with the mediator shall last until Agreement is
reached by the parties but not more than 60 days, unless the maximum time is
extended by the parties.
SECTION 19 - ARBITRATION
After mediation above, and upon Agreement of the parties, any dispute or
claim arising out of or relating to this Agreement may be settled by
arbitration in accordance with the Construction Industry Rules of the
American Arbitration Association, and judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof. The
costs of arbitration shall be borne equally by the parties.
SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against
CITY in connection with CONSULTANT'S services under this Agreement. Unless
the action is brought by CONSULTANT, or is based upon CONSULTANT'S
wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony,
testimony, and travel at CONSULTANT'S standard hourly rates at the time of
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid,
addressed as follows:
To CITY: City of Brentwood
150 City Park Way
Brentwood, CA 94513
To CONSULTANT: Luhdorff and Scalmanini Consulting Engineers, Inc.
500 First Street
Woodland, CA 95695
SECTION 22 – AGREEMENT CONTAINS ALL
This Agreement represents the entire and integrated Agreement between CITY
and CONSULTANT and supersedes all prior negotiations, representations, and
Agreements, either written or oral.
This Agreement may be amended only by written instrument, signed by both
CITY and CONSULTANT
SECTION 23 – GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day
and year first above written.
CITY OF BRENTWOOD LUHDORFF SCALMANINI CONSULTING ENGINEERS, INC.
John Stevenson, City Manager
___________________________ (Print Name)
APPROVED AS TO FORM:
Dennis Beougher, City Attorney
(Scope of Work - Fees)