HomeMy WebLinkAboutReso 228-05 Iron Horse Trail
RESOLUTION NO. 228 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AGREEMENT WIm BKF ENGINEERS, INCORPORATED,
FOR CONSULTING SERVICES FOR THE EXTENSION OF
SCARLETT DRIVE AND ENHANCEMENTS TO THE IRON HORSE TRAIL
WHEREAS, the need for future roadway improvements along the Dougherty Road and Dublin
Boulevard corridors were identified in the City of Dublin' s Five-Year Capital Improvement Program to
accommodate development in eastern and downtown Dublin, as well as the developing Dougherty Valley;
and
WHEREAS, the connection between Dougherty Road and Dublin Boulevard must be improved to
accommodate the anticipated traffic increase from said developments; and
WHEREAS, the City desires to improve and enhance the Iron Horse Trail between Dougherty
Road and Dublin Boulevard; and
WHEREAS, the City desires to utilize the services ofBKF Engineers, Incorporated, to perform
preliminary engineering design, surveying and environmental consulting work for said project; and
WHEREAS, the cost of these engineering services will be paid through Eastern Dublin Traffic
Impact Fees, downtown mitigation monies, and traffic impact fees collected from Contra Costa County for
development in the unincorporated area to the north of the City of Dublin;
NOW, mEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement, attached hereto. with BKF Engineers, Incorporated, for consulting
services.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 20th day of December, 2005.
AYES: Councilmembers Hildenbrand, McCormick and Zika, and Mayor Pro Tern Oravetz
NOES: None
ABSENT: Mayor Lockhart
ABSTAIN: None
ATIE1 *
()\ \
, Ci Clerk
Page 1 of 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND BKF ENGINEERS
THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City")
and BKF ENGINEERS ("Consultant") as of December 20, 2005.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2006, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 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 its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assi~nment of 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 reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to
this Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Consultant shall not be responsible for delays beyond Consultant's reasonable control.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Two
Hundred Three Thousand, Seven Hundred Eighty-Four Dollars and No Cents ($203,784.00),
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to
be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between
this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation,
the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at
the time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20,2005
Page 1 of 13
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Clear numerical identification, with no duplication of numbering;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work performed, during the invoice period, under the
Agreement by Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder;
· The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Total Payment. 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, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20, 2005
Page 2 of 13
2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.9 Rate Adiustments. Because of the limited duration of this contract, no rate adjustments
will be allowed.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipmenUisted
in this section, and only under the terms and conditions set forth herein,
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the,sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure .occurrence coverage" insurance against claims
for injuries to persons or damages to property that may arise from or in connection with the performance
of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurancesatisfactory in all respects to the City. Consultant shall maintain
the insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's fee. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20, 2005
Page 3 of 13
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits .
of not Jess than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and
non-owned automobiles.
4.2.2 Minimum scope of covera~e. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or 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.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20,2005
Page 4 of 13
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20, 2005
Page 5 of 13
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies ReQuirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of covera~e. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. 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 City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall require all subcontractors to meet the
insurance requirements stated herein. Each subconsultant shall furnish separate
certificates and endorsements.
4.4.4 Variation. The City may approve a variation in the foregoing 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.
4.4.5 Deductibles and Self.lnsured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20, 2005
Page 6 of 13
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Covera~e. In the event that any coverage required
by this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the.extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel approved by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage
to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in
whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable. The foregoing obligation of
Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises
wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers
and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to
the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California
Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Consultant from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not
such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20,2005
Page 7 of 13
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollm~nt in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6.
6.1
6.2
Section 7.
7.1
7.2
7.3
7.4
STATUS OF CONSULTANT.
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 services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Consultant No AQent. 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.
LEGAL REQUIREMENTS.
Governin~ Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
Other Governmental ReQulations. To the extent that this Agreement may be funded
by fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
Consulting Services Agreement between
City of Dublin and BKFEngineers
December 20,2005
Page 8 of 13
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and EQual Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8.
TERMINATION AND MODIFICATION.
8.1
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
Consulting Services Agreement between .
City of Dublin and BKF Engineers
December 20,2005
Page 9 of 13
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assi~nment and Subcontractin~. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall
survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9.
KEEPING AND STATUS OF RECORDS.
9.1
Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are.
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20, 2005
Page 10 of 13
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. At the City's option, under California Government Code Section 8546.7, if the
amount of public funds expended under this Agreement exceeds TEN THOUSAND
DOLLARS ($10,000.00), the Agreement may be subject to the examination and audit of
the State Auditor, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agree-ment shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assi~ns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20,2005
Page 11 of 13
10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code 91090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code 91090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Melissa Morton,
Public Works Director ("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to: Natalina V. Bernardi
BKF Engineers
4780 Chabot Drive, Suite 104
Pleasanton CA 94588-3323
Any written notice to City shall be sent to:
Melissa Morton
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20, 2005
Page 12 of 13
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
J"-4l'f
Seal and Signature 0
report/design responsibility.
10.12 Inte~ration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral. .
CITY OF DUBLIN
':r;~..' 1~^" n;.) -
I Mayor ro ,) itf(\
1'01\-Y ~~
~
Attest:
~40I~~~
Fawn Holman, City Clerk
Approved as to Form:
i{/tLl~'L ?V l S7 L
Elizabeth Silver, City Attorney
G:\CONSUL T ANTSlbkflagreement scarlett drive extension.doc
Consulting Services Agreement between
City of Dublin and BKF Engineers
December 20, 2005
Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
To provide preliminary design and environmental engineering services as delineated in the
attached proposal dated December 7, 2005, for the Scarlett Drive/Iron Horse Trail Extension Capital
Improvement Program Project.
G:ICONSUL T ANTSlbkflagreement scarlett drive extension,doc
Consulting Services Agreement between
City of Dublin and BKF Engineers--Exhibit A
December 20, 2005
Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
The term of the agreement shall be for a period ending June 30, 2006. Consultant may request an
adjustment of rates for the second and third years of the term.
Compensation shall be paid per the attached Proposed Fee Schedule.
City shall pay Consultant on a time-and-materials basis in an amount not to exceed the total sum of
Two Hundred Three Thousand, Seven Hundred Eighty-Four Dollars and No Cents ($203,784.00) per year
for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of
each specific project or as agreed between Consultant and City regarding each specific project, based on
the cost for services performed.
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, further or additional service pursuant to this Agreement
unless such extra service and the price therefor is agreed to in writing 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 no 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 shall maintain adequate logs and timesheets in order to verify costs incurred to
date.
The Consultant is not authorized 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.
G:\MISCPROJ\Sca~ett Drive-Iron Horse Trail Extensionslagreement scarlett drive extension.doc
Consulting Services Agreement between
City of Dublin and BKF Engineers--Exhibit B
December 20, 2005
Page 1 of 1
BKF ENGINEERS PROPOSAL
Dated December 7, 2005
SUMMARY OF PROJECT SCOPE AND EFFORT
Scarlett Drive Extension Project
City Of Dublin
Task 1 Project Coordination
Task 2 . Data Research, Field Review and Base Mapping
Task 3 Precise Pian and Geometric Study
Task 4 Environmental Document
Task 5 Reimbursable & Reproductio'n
,
BKF Design Team Task 1 Task 2 Task 3 Task 4 Task 5 Subtotal
BKF Engineers $ 19.143 $ 37,246 $ 42,456 $ 6,912 $ 8,461 $ 114,218
David J. Powers & Associates, Inc. $19.800 $ 19,800
Geocon Consultants, inc. $52,526 $ 52,526
HJW Geospatial $17,240 $ 17,240
. .
Subtotal $ 19.143 $ 54,486 $ 42,456 $ . 79,236 $ 6,461
Total Budget . $ 203,784
TASK PIC PM Englli Eng II Eng I Eng Tech Clerical Surv Total Cost
Ratefhr $174 $ 143 $ 121 $ 107 $ 94 $ 52 $ 104 $ . 237 Hours
Task 1 3D 49 30 0 25 16 0 0 152 19,143
Task 2 0 32 10 84 14 24 0 84 246 37,246
Task 3 22 60 118 46 80 64 0 0 390 42,456
Task 4 3 16 16 0 20 0 0 0 57 6.912
BKF 55 159 174 130 139 106 , 0 84 847
Subtotal $9,570 $22.737 $21.054 $13.910 $13,066 $5,512 $0 $19,908 $ 105.757
.
Total Professional Services $ 105.757
Reimbursable Expenses:
. Computer/Plotter 4.0% of professional fees $ 4.230
PrintingfDelivery 4.0% of professional fees $ 4,230
$ 6,461
.
Total Budget . $ 114,218
Task 1
Task 1.1
Task 1.2
Task 1.3
Task 1.4
Task 1.5
Task 1.6
Task 1.7
. Task 1.8
TASK
Task 1.1
Task 1.2
Task 1.3
Task 1.4
Task 1.5
Task 1.6
Task 1.7
Task 1.8
Subtotal
Project Coordination
Attend City Staff Project Meetings (As~ume 6 meetings)
Coordinate Meetings with Effected Utiiity Companies including Water District
Zone 7 Flood Control (Assume 2 meetings)
PG&E (Assume 1 meeting)
DSRSD (Assume 1 meeting)
Kinder-Morgan (Assume 1 meeting)
Review and Consider Effects to Individual Owners
Attend Meeting with Stakeholders
East Bay Regional Park District (Assume 2 meetings)
Camp Parks (Assume 2 meeting)
LAVTA (Assume 1 meeting)
ACTIA (Assume 3 meeting)
Assume the potential for 3 additional meetings
Coordinate with Design Team Including Subconsultants
Evaiuate Precise Plan for Conformance with Effected Agencies
Attend & Participate in Public Information Meeting (Assume 1 meeting)
Attend & Present the Project to the City Council
PIC PM Eng III Eng II Eng I Eng Tech Clerical Surv Tot Hrs
4 6 10
4 8 6 6 8 32
2 4 6 5 5 22
8 16 8 4 36
3 4 5 5 17
3 5 5 5 5 23
2 2 4
4 4 8
30 49 30 0 25 18 0 0 152
Cost
$ 1,554
3,546
2,376
5,024
2,169
2,572
634
1,268
$ 19,143
Task 2
Task 2.1
Task 2.2
Task 2.3
'Task 2.4
Task 2.5
Task 2.6
TASK
Task 2.1
Task 2.2
Task 2.3
Task 2.4
Task 2.5
Task 2.6
Subtotal
Data Research, Field Review and Base Mapping
Collect & Review Available Record Data & Reports
Meet with Alameda County Right of Way Department and Records Section (Assumes a total of 3 meetings)
Conduct Field Review to Verify Current Features
Complete Aerial Mapping & Supplemental Topographic Survey for Cross Section & Environmental Related Features.
Includes Project Control
Aerial Mapping will be at a 1"=40' scale with l' foot contour Intervals
Scarlet Road cross sections will be provided at 100' intervals from Dublin Blvd to Dougherty Road
Dougherty Road cross sections will be provided at 500' intervals from Scarlet Drive to the City Limit Line
Includes painting of surface utility features such as manholes, valves, ect.
Prepare Project Base Sheets
Prepare Boundary Survey Base Map I Record of Survey for 3 Parcels
PIC PM Eng III Eng II Eng I Eng Tech Clerical Surv TotHrs Cost
2 4 6 12 $ 1,334
12 2 14 1,958
2 2 2 6 716
8 44 16 76 144 24,696
2 2 6 8 18 1,508
6 40 8 54 7.034
0 32 10 84 14 24 0 84 248 $ 37.246
Task 3
Task 3.1
Task 3.2
Task 3.3
Task 3.4
Task 3.5
Task 3.6
Task 3.7
Task 3.8
Task 3.9
Task 3.10
Task 3.11
Task 3.12
Task 3.13
Task 3.14
Task 3.15
TASK
Task 3.1
Task 3.2
Task 3.3
Task 3.4
Task 3.5
Task 3.6
Task 3.7
Task 3.8
Task 3.9
Task 3.10
Task 3.11
Task 3.12
Task 3.13
Task 3.14
Task 3.15
Subtotal
Precise Plan and Geometric Study
Prepare Preliminary Geometric Layout Alternatives (Assumed 4) and Develop Preferred Alternative
Identify & Resolve Special Design Features/Multi-Modal Accommodations
Identify & Resolve Utility Impacts
Review Grading & Drainage Considerations
Provide a watershed analysis for the box culvert extension and a drainage assessment of the area
Assume a m~eting with the City to review existing information, review and update of data, and preparation of a report
Identify Access Needs including Staging of Bike Path
Delineate Landscaping Elements and Provide Landscaping Plan
Assume that Landscapin!j Plan Is at an exhibit level form
Review and Detennine Need for a Traffic Signal at Scarlet Road/Houston Place
Review Environmental Issues
Evaluate Stakeholder's (Agencies and Property Owners) Requirements and Conformance, Including Right of Way Impacts
Develop and Submit Refined Geometric Alternative
Resolve Preferred Geometric Alternative
Prepare Cost Estimate
Develop Precise Plan
Includes Roadway Geometry, Typical Cross Section, Profile, Baseline, Striping, Survey Monument Ties, &ROW Requirements
Prepare 1 Right of Way Plat and Legal Description for the Camps Parks' Parcel Take
PIC PM Eng III Eng II Eng I Eng Tech Clerical Surv Tot Hrs Cost
2 6 8 4 20 2,382
2 4 6 6 18 2,210
2 4 6 8 8 28 2,814
2 4 8 6 6 26 2.764
2 8 36 12 8 4 70 8.092
2 8 4 14 1,630
2 2 6 12 16 38 3,236
1 4 8 4 17 2,142
2 2 4 8 1,118
1 2 4 4 11 1,320
2 8 6 6 22 2,782
2 2 2 6 876
2 2 2 2 8 820
2 8 20 16 24 24 94 9,128
2 8 10 1,142
22 60 118 46 80 64 0 0 390 $ 42,456
Task 4
Task 4.1
Task 4.2
Task 4.3
Task 4.4
Task 4.5
TASK
Task 4.1
Task 4.2
Task 4.3
Task 4.4
Task 4.5
Subtotal
Environmental Document
Review City Provided Forecasted Traffic Counts
Conduct Level of Service Analysis at Signalized Intersections for Mitigated Negative Declaration (Mil. Neg. Dec.) Document
Calculate and Review Left Storage Lengths for Mil. Neg. Dec. Document
Assemble Traffic Data for Incorporation into Mil. Neg. Dec. Document
Establish Operational Safety Plan for Construction in the vicinity of the high pressure utility lines
PIC PM Eng III Eng II Eng I Eng Tech Clerical Surv TotHrs Cost
4 4 8 1,056
4 8 8 20 2,292
4 4 6 14 1,620
1 2 6 9 1,024
2 4 6 920
3 18 16 0 20 0 0 0 57 $ 6,912
David J. Powers and Associates (Environmental Engineering)
Task 1 Provide an IS/Mitigated Negative Deciaration for the Scarlet Road Extension
Assumes that a noise analysis is not required
Assumes that a Biotic Survey and Letter Report will not be performed
$ 18,000
Subtotal
10% Subconsultant Mark-up Fee
Total for David Powers Budget
$ 18.000
1.800
$ 19,800
Geoeon (Geotechnical and HazMat Services)
Task 1 Provide Phase 1 initial Site Assessment
Task 2 Provide Phase 2 Initial Site Assessment
Assumes that there will be 2 sites requiring testing
Assumes a Workplan preparation for Camp Parks
Assumes 10 Direct-push borings
Assumes Collection of 2 soH and 1 GW samples from each boring
Assumes preparation of draft report for client review
Assumes preparation of final report
Assumes the following lab analyses:
-- 34 samples (20 soil and 10 unfiltered GW and 4 filtered GW) for CAM 17 metals
-- 15 soil sampels for WET and TCLP metals
-- 10 soil samples for pestricides
'-10 soil and 10 GW sampies for TPHg/gas package
-- 10 soil and 10 GW sampies for TPHg/mo
-- 10 samples (soil or GW) for vac's
-- 10 samples (soil or GW) for SVOCs
-- 5 soil samples for pH
Task 3 Provide Geotechnical Testing
Assumes Geotechnical Testing for pavement recommendations
Assumes Geotechnical soils testing to establish the requirements for the box culvert extension
Assumes the following for Geotechnical Testing:
-- Approximately 100 feet of culvert extension
-- 2,600 feet roadway extension
-- 8 to 10 hollow-stem borings
- 15 feet maximum boring depth
$ 3;250
$ 35,501
$ 9,000
Subtotal
10% Subconsultant Mark-up Fee
Total for Geocon Budget
$ 47,751
4,775
$ 52,526
GEOTECHNICAL. ENVIRONMENTAL. MATERIALS
2004 SCHEDULE OF FEES
ENVIRONMENTAL SERVICES
$/hr
Word Processing/Technical Editor.. ... ... ..... ........... ........ ..... ... ... ........ ... ........ ........... ........ ... .... ......... .........., ........... ..... .................. 59.00
Technical Illustrator/CAD Operator ... ... ..... ... ................ ................... ...... ..... .., ..... ... ..... ... ................ ... .... ................. .............. .......69.00
Engineering Field Technician/Research Assistant ............. ...... ... ..... ..... .... ............... ........ ................. ................... ..... ................ · 79.00
Staff Engineer/Geologist/Scientist.................................................................................................................... .......................... 89.00
Senior Staff Engineer/Geol ogist/S ci entist................................................................................................................................... 99.00
Project Engineer/Geologist/Scientist................................................................................................................. ........................ 109.00
Senior Project Engineer/Geologist/Scientist ...... ........ ...... ............. ................ ........... ...... ............. ........ ........... ........ ................... 119.00
Senior Engineer/Geo logist/Scientist........................................................................................................................ .................. 134.00
Associate Engineer/Geologist/Scientist .................................................................................................................................... 154.00
Principal Engineer/Geologist/Scientist/Litigation Support ........... ........ ........ .......... ....... ............. ........... .......... .............. ........... 184.00
Deposition or Court Appearance ... .......... ........... ........ ...... .... ......... ........ ........ ........... .... ............... ........ ............. .........................329.00
'Prevailing Wage Hourly Surcharge per California Labor Code ~720, e1. Seq. .........................................................................20.00
................-....................-.........-. ........~........._............_......................................................................................................-....~......._......................_._I
EQUIPMENT, MATERIALS AND LABORATORY TESTS I
._..._H'_~'_HH_."_._____.___..__....__.____.__._'.._.H,."'~,__...._.H__.._...__H.'"_..H._.__H.:.'_.....:...H____,.___H_._M___.__...._..~._._~..~......_....:....:.:...,,_.~,,;,.;.~:_____.;_...,H_.._~........~..~..;_._H.__.......;.....;;,_".-'-~
Equipment and Materials
Pick-up Truck .........................................................$IOO/day
Equipment Truck ....................................................$150/day
Vehicle Mileage .................................................. $0.50/mile
Per Diem ..................................................................$80/day
Compact Direct.Push Rig/Operator ..................... $115/hour
Drive.Tube Sampler .................................................$35/day
Hand.Auger ............. ... ....... .................. ..... ... ............. $35/day
Soil Sample Tube (Brass) ......................................... $7 each
Soil Sample Tube (Stainless) ................................. $10 each
Bailer (Reusable) ......................................................$30/day
Bailer (Disposable) ................................................. $12 each
Stainless Sampling Pump .......................................$IOO/day
Battery.Powered Pump ............................................$50/day
Water Level Indicator ..............................................$30/day
Interface Probe .........................................................$55/day
Photo.lonization Meter ..........................................$IIO/day
Combustible Gas Meter ............................................$75/day
pH/Conductivity/Temperature Meter .......................$40/day
Turbidity Meter ........................................................$75/day
Level D PPE/Decon Rinse Equipment .....................$40/day
De-Ionized Water (5-gallon) .................................. $I2/each
Generator or Air Compressor ...................................$75/day
Concrete Coring Equipment ...................................$150/day
Equipment or Water Trailer .....................................$75/day
55-Gallon Drum ..................................................... $45 each
Visqueen (6 mil 20xI00') ........................................ $80/roll
Traffic ConeslBarricades ..........................................$30/day
Portable GPS Unit ..................................................$150/day
Portable Copier .........................................................$40/day
Monitorinl!: Well Materials
5' PVC 0.02 Slotted Casing
10' PVC 0.02 Slotted Casing
5' PVC Blank Casing
10' PVC Blank Casing
Threaded Casing Plug
Locking Cap
Security Well Head Cover
2-inch.diameter
$30 each
$55 each
$25 each
$40 each
$15 each
$30 each
$95 each
4-inch.diameter
$55 each
$105 each
$45 each
$70 each
$20 each
$35 each
$110 each
Silica Sand, 100.lb. Bag ...............................................$16 each
Cement, 94.lb. Bag ......................................................$15 each
Ready Mix Concrete, 60.lb. Bag ..................................$15 each
Bentonite Chips, 50.lb. Bag ......................................... $15 each
Bentonite Pellets, 50-lb. Bucket ................................... $80 each
Asphalt Patch, 60-lb Bag ............................................. $15 each
Analvtical Tests
TPHg/BTEX (EPA 8015M/802IB) .............................. $65/test
TPHg/BTEX/MTBE (EPA 8015M/802IB/8260B) ...... $95/test
TPHd/TPHmo (EPA 8015M) ........................................ $70/test
Fuel Oxygenate Compounds (EPA 8260B) ................ $I35/test
Volatile Organic Compounds (EPA 8260B) ............... $I35/test
Semi. Volatile Organic Compounds (EP A 8270) ........ $300/test
CAM 17 Metals (EPA 6010) ....................................... $I60/test
Single Metal (EPA 6010) .............................................. $18/test
WET or TCLP Extraction ............................................. $65/test
Soil pH (EPA 9045) ...................................................... $18/test
Total Organic Carbon (EPA 9060) ................................ $50/test
48-Hour Turn.Around.Time ..............................75% surcharge
2356 Research Drive. Livermore. California 94550 . Telephone (925)371.5900. Fax (925)371.5915
Page 10f2
TERMS AND CONDITIONS
1. Listed are typical charges for the services mostfrequently performed by Geocon. Pricesfor unlisted
services as well as special quotations for programs involving volume work will be provided upon
request.
2. Saturday and overtime hours are charged at time and one-half; Sundays and holidays at double
time. Per diem is $80.00 per day when location of work dictates.
3. Field services including monitoring well installation, groundwater sampling, pump testing,
remedial system pilot testing and other special services will be charged at standard engineering
rates plus equipment charges.
4. A surcharge of$20.00 per hour will be added to the Professional Services classifications indicated
with an asterisk (*) on the Schedule of Fees in order to comply with the prevailing wage
requirements of California Labor Code g720, et. seq.
5. Hourly services are billed portal to portal from closest office in accordance with the stated hourly
rates herein, with a minimum two-hour charge. Mileage is charged at $0.50/mile.
6. Outside services including subcontractors and rental of special equipment are billed at cost plus 15
percent.
7. Invoices will be submitted at four-week intervals. Terms of payment are net upon presentation of
invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-
halfpercent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is
lower. If Client objects to all or any portion of any invoice, Client will so notifY Geocon in writing
within fourteen (14) calendar days of the invoice date, identifY the cause of disagreement, and pay
that portion of the invoice not in dispute. The parties will immediately make every effort to settle the
disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued
interest and then to the principal amount. All time spent and expenses incurred (including any
attorney's fees and costs) in connection with collection of any delinquent amount will be paid by
Client to Geocon per Geocon's current fee schedule.
8. Many risks potentially affect Geocon by virtue of entering into this agreement to perform
professional engineering services on behalf of Client. The principal risk is the potential for
human error by Geocon. For Client to obtain the benefit of a fee which includes a nominal
allowance for dealing with our liability, Client agrees to limit our liability to Client and to all
other parties for claims arising out of our performance of the services described in the
agreement. The aggregate liability of Geocon will not exceed $50,000 for negligent professional
acts, errors. or omissions, including attorney's fees and costs which may be awarded to the
prevailing party, and Client agrees to indemnifY and hold harmless Geocon from and against all
liabilities in excess of the monetary limit established above.
Page 2 of2
=~G DAVID J. POWERS
1Jr!]~
CHARGE RATE SCHEDULEl
PRINCIPAL
$190.00 PER HOUR
SENIOR ENVIRONMENTAL SPECIALIST
$165.00 PER HOUR
SENIOR PROJECT MANAGER
$145.00 PER HOUR
ENVIRONMENTAL SPECIALIST
$135.00 PER HOUR
PROJECT MANAGER
$125.00 PER HOUR
ASSIST ANT PROJECT MANAGER
$ 90.00 PER HOUR
RESEARCHER
$ 75.00 PER HOUR
ADMINISTRATIVE MANAGER
$ 70.00 PER HOUR
DRAFTSPERSON/GRAPHIC ARTIST
$ 70.00 PER HOUR
TECHNICAL TYPIST/OFFICE SUPPORT
$ 55.00 PER HOUR
MATEiuALS AT COST PLUS 15%
OUTSIDE SERVICES AND SUBCONSULTANTS AT COST PLUS 15%
MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT
THE TIME COSTS OCCUR.
SUBJECT TO REVISION DECEMBER. 2005
I David J. Powers & Associates, Inc. provides regular, clear and accurate invoices as the work on this project
proceeds, in accordance with normal company billing procedures. The cost estimate prepared for this project does
not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique
statements or invoices. If a special invoice or accounting process is requested, the service can be provided on a time
and materials basis.
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