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HomeMy WebLinkAbout4.05 UndgrUtilDist 2003-01CITY CLERK she sche. Flle # ❑A6d—nJ® AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 5, 2004 SUBJECT: Approval of Consulting Services Agreement with Precision Planning Utility Consultants to Perform Design and Consulting Work for Dougherty Road Underground Utility District 2003-01 at Dublin Boulevard Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) Resolution approving Consulting Services Agreement, together with Exhibit "A", Agreement 2) Location Map RECOMMENDATION: Adopt Resolution Approving the Consulting Services Agreement with Precision Planning Utility Consultants for Dougherty Road Underground Utility District 2003-01 at Dublin Boulevard FINANCIAL STATEMENT: The proposed agreement with Precision Planning is to be paid for on a time -and -materials basis in an amount not to exceed $44,500. Sufficient monies have been budgeted in the capital project in Fiscal Year 2004-2005 to pay for these services. The funding is derived from Public Utilities Commission Rule 20A funds that PG&E is to provide for Underground Utility District projects. The proposal includes a provision for the design of underground facilities on Scarlett Drive should the utility companies elect not to provide the design work. In this event, Staff will return to Council with a request for a budget increase, together with offsetting revenue from the utility companies. DESCRIPTION: The improvements in and approaching the intersection of Dublin Boulevard/Dougherty Road are proposed to be constructed as part of the Dougherty Road Improvements — Houston Place to I-580 Capital Improvement Program (CIP) project. The limits of the Underground Utility District fall within the limits of the CIP and the undergrounding work will precede construction of the roadway improvements. It is proposed that the City design and construct the underground conduit and splice structures. Each of the utility companies will pull its own wire and make new connections to businesses in the Underground District and to overhead pole lines at each end of the new underground improvements. ------------------------------------------------------------------------- COPIES TO: Fred Yarra, Precision Planning 0b7- ITEM NO. .� G:Engr-contract\Precision Planning\agst Agreement Dougherty UG District V The scheduling of this work will require that the City acquire certain right-of-way for the Dougherty Road Improvements CIP, clear the new right-of-way for the path of the undergrounding (generally located in the back half of the new sidewalk), and install conduit and structures. The right-of-way purchase and right- of-way clearing will be charged to the Dougherty Road ~ 1-580 to Houston Place capital project. Tasks in this consulting contract will include design ofthe proposed utility facilities and coordination with the various utility companies installing facilities in the new underground conduits. Precision Planning has performed similar work for the City in the past and is familiar with the area and City Standards. Staff has been satisfied with the consultant's work. Staff recommends that the City Council adopt the resolution approving the Consulting Services Agreement with Precision Planning Utility Consultants for the Dougherty Road Underground Utility District 2003-01 at Dublin Boulevard. - 2 - Dö "'2- \ Lb d--~" RESOLUTION NO. - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH PRECISION PLANNING UTILITY CONSULTANTS FOR CONSULTING SERVICES FOR THE DESIGN AND COORDINATION OF THE DOUGHERTY ROAD UNDERGROUND UTILITY DISTRICT 2003-01 WHEREAS, the need for future roadway improvements along Dougherty Road was identified in the City's Five-Year Capital Improvement Program to accommodate development in Eastern and downtown Dublin, as well as the developing Dougherty Valley; and WHEREAS, Dougherty Road, from 1-580 to Houston Place, must be widened and improved to accommodate the anticipated traffic increase from said development; and WHEREAS, it is advantageous to underground the overhead utilities in conjunction with this roadway widening project; and WHEREAS, the City of Dublin is taking on the responsibility for the design and construction of the underground conduits and structures to be reimbursed through Public Utilities Commission Rule 20A monies; and WHEREAS, the City of Dublin has established a utility underground district within the limits of the roadway widening project; and WHEREAS, the City desires to utilize the services of Precision Planning Utility Consultants to prepare plans and specifications for said project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement, attached hereto as Exhibit "A", with Precision Planning Utility Consultants for consulting services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 5th day of October, 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ~'\ L\,"S \O\~l04 ATIACHMENT I. "'Î D:h:;).·5 r::::A C..) CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PRECISION PLANNING UTILITY CONSULTANTS THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Precision Planning Utility Consultants ("Consultant") as of October 5, 2004. 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 December 30, 2005, 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 Assianment 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. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $44,500, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. The City reserves the right to add the scope of work for the design of underground utilities on Scarlett Drive on a time-and-materials cost basis not to exceed $16,000. 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 City in the manner specified herein. Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants EXHI IT A. ? ,~ to -tit€- ~e~oIUL io rt 3b"b~L5 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: · Serial identifications of progress bills; i.e., Progress Bill No.1 for the first invoice, etc.; · 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; · The total number of hours of work performed 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 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 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. Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5,2004 Page 2 of 13 4 Db:;¡' S 2.5 Hourlv Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed Twelve Thousand Dollars and No Cents ($12,000), which is included in the contract total of $44,500. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 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. 2.9 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. 2.10 Rate Adjustments. Consultant will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City. The base for computing the adjustment shall be the hourly wage charges listed in the attached proposal (Exhibit "A"). Each level of employee rate may be changed to the Consultant's published rates, but in no case may an hourly rate increase more than 5%. 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 equipment listed 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, longwdistance 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 Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 3 of 13 - S 0b~'=' section and under forms of insurance satisfactory 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 proposal. 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. 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 less 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 Liabilitv 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 coveraae. 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. 1173) covering comprehensive General Liability and Insurance Services Office form Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 4 of 13 lo CJb:;..5 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 reauirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: 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 Liabilitv 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. Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 5 of 13 - 7 . N ub 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 policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: 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 three years after completion of the Agreement or the work, so long as commercially available at reasonablerates. 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 çlaim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. . ._;,¡. .~,..:. 4.4 All Policies Reauirements. 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 coveraae. 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 include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 6 of 13 /) 1"\" ", r::: (;) '""'8 <""-'-./ 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 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 selected 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, Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 7 of 13 q~d5' subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. 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 miscenduct 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. 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 enrollment 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. STATUS OF CONSULTANT. 6.1 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 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. 6.2 Consultant No Aaent. 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. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 8 of 13 IO~dS 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. 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. 7.4 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 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 Eaual 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 employmellt, .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, Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5,2004 Page 9 of 13 - \ \ tüd.~ 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. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontractina. 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 bv 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. Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 10 of 13 I d- Db;;;/S 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 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. 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 s~all be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' 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 Severability. 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 Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 11 of 13 1~~d.S provision of this Agreement 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 Assians. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled 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 thant did not participate in any manner in the forming of this Agreement. C.ç>nsultant understands that, if this Agreement is made in violation of Government eode § 1090 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 § 1090 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, Director of Public Works ("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: Fred Yarra, Project Manager Precision Planning Utility Consultants 4000 Executive Parkway, Suite 150 San Ramon, CA 94583 Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 12 of 13 IY~d5 Any written notice to City shall be sent to: Melissa Morton Director of 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 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. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Intearation. 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 CONSULTANTS Janet Lockhart, Mayor Attest: Kay Keck, City Clerk Approved as to Form: Elizabeth Silver, City Attorney Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants October 5, 2004 Page 13 of 13 EXHIBIT A SCOPE OF SERVICES \5' Qb~).5 Consultant to provide General Consulting Services as outlined in the attached written proposal dated September 16, 2004 ( Exhibit "A"). G:\Engr-contract\consulting agreement w-o attomey comments.doc Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants--Exhibit A October 5,2004 Page 1 of 1 - I .,'Y'~, L I I --' ,-.,.. ' ._-, , \.:--' \....; r-'\ ."""".....::> '......,.} EXHIBIT B COMPENSATION SCHEDULE The fees for services shall be billed on a time~and-material basis not to exceed $44,500 without City approval as outlined in the attached written proposal dated September 16, 2004 (Exhibit "A"). ~~.,'~ G:\Engr-contractIPrecision Planninglagreement 100504.doc Consulting Services Agreement between City of Dublin and Precision Planning Utility Consultants--Exhibit B October 5, 2004 Page 1 of 1 PREC~N ~kl~~~L~~ \ 0'h;;).. 5' '---' September 16, 2004 Lee Thompson CITY OF DUBLIN 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 Re: Dublin Blvd./Dougherty Road Rule 20A Project . (1600± L.F.) Dublin, CA Dear Lee: Precision Planning is pleased to submit our proposal for the joint trench services to be performed for the above mentioned project in an amount not to exceed $32,500.00 and ancillary service in an amount not to exceed $12,000.00 BACKGROUND AS PROVIDED BY PROJECT ENGINEER: The City of Dublin plans to improve and widen the intersection of Dublin Blvd. and Dougherty Road. There is approximately 800 feet of overhead pole line on Dublin Blvd. and 800 feet of overhead pole line on Dougherty Road (from Dublin Blvd. to Sierra Lane) tha.t will require undergrounding. Itis my understanding that there are no overhead services that will require undergrounding. Coordination for a j oint trench will be required to accommodate the undergrounding of the ç:xisting overhead tacilities in the area previously stated. The joint trench will only be for P.G. & E. electric, SBC, and Comcast Cable as required. Traffic signal systems and irrigation systems will be designed by others. It will be our responsibility to coordinate a P. G. & E. service point for these systems if required. Additional coordination with Sprint will be included as far as involving them with information on the undergrounding project and submittal of both the Civil Improvements Plans and Joint Trench Composite Plans. However, any necessary relocation of their facilities win be excluded from the Joint Trench Composite design. Any design and relocation of existing underground facilities shall be the responsibility of others, unless otherwise directed by the client. Any additional services directed by the client to accommoda.te the design and relocation of existing underground facilities shall be at the rate outlined in Task 8 Ancillary Service. The Client reserves the right to request an additional scope of work for these services. Excluded will be any undergrounding of overhead facilities on Scarlett Court or on Dougherty Road beyond Sierra Lane. Also excluded is any work required on private property or any work requiring street lighting facilities. Based '"Ön the foregoing, site visits, meetings and telephone conversations with the. project engineer, as well as our knowledge and experience with the utility companies, we propose the scope of services presented below. 4000 Executive Parkway, Suite 150, San Ramon, California 94583 · Phone: (925) 327-1050 · Fax: (925) 327-0872 \ '2 DVd- S- DETAILED SCOPE OF SERVICES The Scope of Services is categorized into seven tasks as follows: 1. Task 1 - Project Management 2. Task 2 - Preliminary Engineering 3. Task 3 - Preliminary Design (35% Submittal) 4. Task 4 - Detailed Design (65% Submittal) 5. Task 5 - Finalize Composite (100% Submittal) 6. Task 6 - Final Bid Documents 7. Task 7 - Construction Services GENERAL INFORMATION: Client will provide the following when requested: (a) Preliminary improvement plans; (b) Preliminary soils report (if available). (c) Base sheets in same scale as improvement plans; (d) ,hnprovement plans; (e) Grading plans; (f) Final soils report (if available); (g) Improvement Plans on an electronic media in a fonnat acceptable to consultant. Task 1. PROJECT MANAGEMENT: This task includes coordination with the project team and attendance at the meeting prior to the actual engineering of the joint trench composite (pre-engineering meeting). Also included is on-going coordination with representatives of each participating utility as needed. Meetings: A. Attend meetings as required for coordinating work efforts and reporting progress. 1) One Project Team Meeting 2) One Pre-engineering Meeting 3) One Field Review Meeting 4) One Pre-construction Meeting B. Any Additional Meetings requested by client will be based on our hourly rates as outlined in Task 8 Ancillary Service: Task 2. PRELIMINARY ENGINEERING: A. P~AN SUBMITTAL: For plän submittal to Utility Companies, Client will-proVide the folloWing: \' (a) Completed P. G. & E. Service Planning Sheet for all city required service points of connection (traffic signal, irrigation controllers, landscape lighting, ,. etc.) (b) Six complete sets of Improvement Plans. The Improvement Plans shall include the following: grading plans; storm drains and catch basins; sewer mains and laterals; water mains and laterals; fire hydrant locations; driveway locations; (c) One copy of Final Soils Report; (if available) (d) Any other required plans necessary to provide utility service to (Le., signal controllers, irrigation control panels, etc.) 9/16/2004 Page 2 pr0809.doc \Q~d-~ B. PRELIMJNARY INVESTIGATION: ", Establish location and availability of existing utility facilities by: (a) Field review of the job-site; (b) Contacting the various utility companies'engineering departments. Task 3. PRELIMINARY DESIGN (35% SUBMITTAL): Preliminary Design (35%) plans are defined as plans that do not include details, quantities, and specifications, at an approximately 35% completed level. Establish preliminary joint trench route by meeting with the following: (a) P.G.&E.'s Electric Department; (b) SBC (d) C.A.T.V. Provide rough estimate of joint trench cost on per lineal foot basis. Provide single line drawing to civil engineer, depicting joint trench location, for review and conunents. Task 4. DETAILED DESIGN (65% SUBMITTAL): This sµbmitta1 will provide complete information for a detailed review of the design. The submittal will include a complete set of plans (unchecked), details (unchecked), and approximate quantities. A. CÒMPOSITE DRAWING: Joint trench composite plan will be prepared in English measurement on 24" x 36" at a scale of 1 "=20' or to a size and scale mutually agreed upon. The composite drawing will include the following; (a) Trench sections to allow for the installation of electric, telephone, and CATV; (b) Excavation locations to allow for the installation of electric, telephone and " cable T.V. splice boxes, vaults, manholes, pads and pedestals; (c) Consultant to send plans to civil engineer for review and comment. This procedure will be followed until all infrastructure conflicts are resolved. This does not include revisions to the plan and profile drawings of the improvement plans. (d) Preliminary specifications may be available at this time if information is provided by the participating utility companies. Task 5. FINALIZE COMPOSITE PLAN 000% SUBMITTAL): A. Comments received on the 65% submittal will be incorporated in that design. B. Submit complete plans (mylar sheets), specifications, and estimate to City for review and comment. 9/16/2004 Page 3 pr0809.doc -" {;JD r~d ~ Task 6. FINAL BID DOCUMENTS: A. Incorporate comments received fÌ'om the reviewing agencies on the 100% submittal, and as directéd by the City, incorporate into the Final Bid Documents. B. TRENCH COST ESTIMATE: Consultant will prepare a trench cost estimate by the industrial standard mown as the Form "B" for determining amounts trench participants owe client. C. BID PACKAGE AND SPECIFICATIONS: From composite drawing, street lighting and conduit plans, Consultant will prepare unit price bid sheets that include the following: (a) Lineal footage of all trenches, listed by various sizes; (b) Splice boxes excavations-, listed by quantity and size; (c) Lineal footage of all conduits to be supplied and installed by the Client; (e) All splice boxes, vaults and manholes to be supplied and installed by Client; (f)' Electric drawings as provided by P.G.&E. and Pacific Bell construction plans if available; Task 7~ CONSTRUCI'ION SERVICES: A. PRECONSTRUCTION MEETING: Prior to start of joint trench construction, Consultant will set· up and attend a pre-construction meeting with the utility companies, Client, trenching agent and survey crew. Consultant will take notes of dates and comments on a check-off list and provide a copy to Client and those requesting. Task 8. ANCILLARY SERVICE: -(Not to Exceed $12,000.00) 8.1 Coordinate with various companies as directed by the City of Dublin to provide additional services beyond the scope of work of this proposal. 8.2 Attend City;s monthly Utility Coordination Meetings & any other requests made by client and / or their consultants beyond said scope of work. 8.3 Reproduction and blueprinting will be billed at cost plus 15%. Consultant is available on an hourly basis. Hourly rates are as follows: Principal Senior Consultant Project Manager proj ect Assistant Contract Analyst Senior CADD Technician CADD Teclmician Administration $190.00 175.00 160.00 120.00 105.00 80.00 65.00 50.00 Note: All services and attendance of all meetings necessary to resolve any conflicts will be billed accordingly based on an hourly rate. The above rates are applicable for 1 year after executed contracts and is limited to 5% increases for each additional year. 9/16/2004 Page 4 pr0809.doc d \ ~ 7,;;;. s-' EXCLUSIONS: The services to be provided under the terms of this Agreement are explicitly those detailed in the Scope of Work. All items of work not expressly described in the Scope of Work shall be deemed "extra work" and Consultant shall be compensated at the Task 8. Ancillary Service rates stated above. Work specifically excluded from this Agreement (unless deleted below and added to Scope of Work), include the following items: (a) Retaining wall design around splice boxes; (b) Traffic signals, traffic lighting design or construction drawings; (c) Revisions to plans based on change in product type and/or changes to civil engineer plan and profile improvement plans; (d) Property acquisition (rights of ways, encroaclunent pennits, easements, etc.); ( e) Temporary service for construction trailer; (f) Relocation of onsite or off site utility transmission facilities; (g) Any work to offsite facilities, other than those listed in the Scope of Work; (h) Field supervision, construction forces, or installations; (i) ,Measurement or Certification for payment by Contractor or others; G) Measurement or Certification for "Record" drawings; (k) Field survey, staking or layout; (1) Any site review not stated in the Scope of Work. (m) Detailed utility budget; (n) Landscape lighting design; (0) Underground conversions to existing overhead services; (P) Blueprinting and reproduction costs; (q) Review of utility contracts; (r) Any work associated with the relocation of existing underground facilities; (s) Coordination and/or investigation of alternate joint trench feeds for the project; (t) Review of product submittals; (u) Any work beyond 50 feet ofproject boundary; (v) Undergrounding of facilities on private property; (w) Any work required on private property; (x) Design ofP.G. & E. gas and electric facilities, SBC facilities, CATV and Sprint facilities (Utilities to provide their design); (y) Any work associated with City facilities (i.e. traffic signal interconnect, fiber optic, street lighting, etc.); (z) Record or "as built" drawings. FIELD CONSTRUCTION: Placement of new facilities on the Joint Trench Composite Plan will be based on record information obtained from the project engineer and/or the participating utility companies. Any conflicts caused by actual field conditions different than the record drawings, will not be the responsibility of Precision Planning. Any work required by Precision Planning to resolve possible conflicts shall be deemed "extra work" and consultant shall be compensated at the ancillary service rates indicated on Task 8. 9/16/2004 Page 5 pr0809.doc c98 D't§~ S' 15. INSURANCE: Precision Planning maintains a two million dollar general liability policy and a one million dollar professional liability (errors and omissions) policy. If you have any questions or need further information, please do not hesitate to contact me. Very truly yours, PRECISION PLANNING J;eJcf-'r FRED YARRA, JR. * This proposal is based on our office meeting on 7/21/04, the Preliminary Site Plan by BKF (date,d 7/15/04) and the attached Aerial Site Plan. This proposal is valid for a period of90 days from the above date. ** 9/16/2004 Page 6 pr0809.doc --' ~ 3 ~:lb Dublin Blvd./Dougherty Road Rule 20A Project (1600± L.F.) Dublin, CA BlLLING SCHEDULE "JOINT TRENCH COMPOSITE PLAN" 1. APPLICATION, PLAN SUBMITTAL, AND 15% $ 4,875.00 PRELIMINARY INVESTIGATION IT. PRELIMINARY DESIGN 10% $ 3,250.00 m. BASE DRAWING AND TRENCH ROUTE (INTENTS) 30% $ 9,750.00 IV. COMPOSITE PLAN 25% $ 8,125.00 V. PLAN SUBMITTAL AND TRENCH COST ESTIMATE 18% $ 5,850.00 VI. BID DOCUMENTS AND PRECONSTRUCTION 2% $ 650.00 MEETING SUB TOTAL $ *32,500.00 VII. ANCILLARY SERVICE (HOURLY BASIS NOT TO EXCEED $12,000.00) $ 12,000.00 TOTAL $ *44,500.00 VIII ALTERNATE BID ITEM: SCARLETT COURT UNDERGROUNDING OF SBC AND COMCAST FACILITIES (600 LF ±) $ 16,000.00 * ALL WORK WILL BE INVOICED ON A TIME AND MATERIAL BASIS NOT TO EXCEED THIS AMOUNT 9/16/2004 Page 7 pr0809.doc TENTATIVE PROJECT SCHEDULE AND JOINT TRENCH TIMETABLES: Submit Application and Improvement Plans to Utilities, Propose Preliminary Trench Route 1 Week Submit Preliminary Intent (Trench Route) to Utilities 2-3 Weeks Prepare Composite (preliminary) 1-2 Weeks Submit to Civil and City for Review 1-2 Weeks Receive Preliminary Jobs from Utilities 6-8 Weeks Finalize Composite, Prepare Form "B" and Bid Package 3-4 Weeks Preconstruction Meeting 1-2 Weeks ------------ Work Begins: 14-22 Weeks Joint Trench Construction 8-12 Weeks * SUBmCT TO UTILITIES BACKLOG 9/16/2004 Page 8 pr0809.doc d~ ~drs- ;}..'J T- d"v 0 .... I 0 , M M 0 0 0 N tJ 0 ï: "iii N Q >- ~ +J ~ :::t 0 "C C ::I 0 s.... 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