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HomeMy WebLinkAbout4.08 Dougherty Rd Improvements Additional Design CITY CLERK File # D[6][OC-~[o] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 16, 2006 SUB.TECT: Amendment No 1 to the Consulting Services Agreement with BKF Engineers for Additional Design of the Dougherty Road Improvement~ - Houston Place to 1-580 Project Report Prepared hY' Melissa Morton, Public Works Director ~ A TTACIIMENTS; I) 2) 3) 4) Budget Change Form Resolution, together with Exhibit "A," Amendment No.1 Original Agreement dated September 7, 2004 Location Map RECOMMENDATION: I) 2) Approve the Budget Change in the amount of $34,317 Adopt the Resolution approving Amendment No I to the Consulting Services Agreement with BKF Engineers for Additional Design of the DOllgherty Road Improvements - Houston Place to 1-580 Project. ~ FINANCIAL STATEMENT: The co~t of Amendment No 1 will be wholly reimbur~ed by the developer of the Dublin Honda project. Funds for the additional design work and required new legal description and plat maps have been deposited with the City by the owner of the aflected property, Duhlin Honda. The cost of City StatTtime for planchecking is being reimbursed through a ~eparate deposit for the proposed Dublin Honda development. The original not-to-exceed contract amount was $449,446. The cost of Amendment No. I is $34,317, which will bring the total contract amount to $483,763. DESCRIPTION; The City of Dublin entered into a Consulting Services Agreement with BKF Engineer~ on September 7, 2004, for the design of street widening improvements at the intersectIOn of Dublin Boulevard and Dougherty Road in connection with the Dougherty Road Improvements- Houston Place to 1-580 Project. These contract plans have been completed for some __________M_~~~____________________________~__________-----------------~-.------------------------~---------- COpy TO: BKF Engineer~ Page I of2 ITEM NO. ~ g {i:\CONSULTANTS\bkt\agst Amend I Design OS1606.doc time, except for revISIons that will result from the current Underground Utility phase of the project in this same area. The development project for the Duhlin Honda Dealership located at 6363 Scarlett Court was recently approved and, as part of that approval, some of the proposed improvements were relocated due to the pOSItioning of the new dealership driveways. Amendment No 1 will increase tlle existing not-to-exeeed contract by $34,317 for the expanded scope of work resuItmg from the Dublin Honda Dealership revisions, bringing the total contract amount to $483,763 The property owner has deposited fUllds to pay for tl1e necessary reV1SlonS to the City's project plans and the revised legal descriphons and plat maps for the City right-of-way purchases from tl1e Dublin Honda project owner Staff reeollllllends that the City Council: I) Approve the Budget Change in the amount of $34,317; and 2) Adopt the Resoluhon approving Amendment No.1 to the Consulting Services Agreement with BKF Engineers for AdditIOnal Design oftl1e Dougherty Road Improvements - Houston Place to 1-580 Project. Page 2 of2 CITY OF DUBLIN BUDGET CHANGE FORM I (J f 33 CHANGE FORM # New Appropriations tCity Cou[lcil Approval Required): Budget 'frausr..." "', ':l:ijifi1jfij;j~!:t,iiii~,;"'" Nome. ",~I~iJl'N"" 1""1''''' "",,""'0"""'"'' 'i'!",1 From Unappropriated Reserves X From New Revenues Account It- Dougheli)' Road Improvemeuts Houston Place to 1-580 Account #: 300-96852" 74U-U78 Name: $ 34,317 Nome: Account #" Name: Account #: Name~ Account #, Name: Account #- Name; Account #; Name: Account #; Name: Account ft. Account #: Pin Mgr/ASD' r':f- .-.......A- ~ Signature Date: S 1'1' D(,. REASON FOR BUDGET CHANGE ENTRY The Site Dcvelopment Review Plan for the proposed Dublin Honda DealershlP ha~ been approved with modifications to the City's completed Improvement plans for the Dougherty Road Improvements - Houston Place to 1-580 Project. The owner/developer of Dublin Honda has deposited monies to modify tl1e City's project plans and to caleulate and prepare new legal descriptions and plat maps. City Manager: Date: Signature As Approved at the City Council Meeting on; Date: Mayor Date: Signature Lf;, 'if 5/lb/Oh ATTAumNT I. Signature Posted BY' fol'ltU\hudschng 'I f.2,2 A. &' .,- '-' RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIl, OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT NO.1 TO THE AGREEMENT WITH BKF ENGINEERS FOR ADDITIONAL DESIGN SERVICES FOR THE DOUGHERTY ROAD - HOUSTON PLACE TO 1-580 PROJECT WHEREAS, on Septcmber 7, 2004, the City Council ofthe City of Dublin approved an agreement for engineering servIces with BKF Engineers to perform design, surveying and construction consulting work for the Dougherty Road Improvements - Houston Place to 1-580 Projcet (Project); and WHEREAS, the Site Development Review for the proposed Dublin Honda Dealership, located at 6363 Scarlett Court with frontage on Dublin Boulevard, has been approved with modifications to the City's completed improvement plans for said Project, and WHEREAS, said modifica\lons necessitate additional design to tl1e Project plans; and WHEREAS, tl1e owner/developer ofthe Dublin Honda Dealership has deposited funds with the City for the modifications to the Project Improvement Plans, as well as required changes to the legal descriptions and plat maps; and WHEREAS, BKF Engmeers has suhmitled an Amended Scope of Services and fee estimate for these modlfica\lons and legal descriptions and plats for right-of-way acquisition, and the not-to-exeeed amount to perform these tasks is $34,317, NOW, THEREFORE, BE IT RESOLVED that tl1e City Council of the City of Dublin does hereby approve Amendment No. 1 to the agreement with BKF Engmeers, hereto attached as Exhibit "A," for consulting services. BE IT FURTHER RESOLVED that the Mayor IS authorized to execute the Amendment. PASSED, APPROVED AND ADOPTED this 16th day of May, 2006 AYES. NOES ABSENT ABSTAIN ATTEST Mayor City Clerk m:ON~1JLTANTS\bkfue,o Do" ATTAUHMENT Z. 2;"f33 EXHIBIT .. A" OF RESOLUTION _-06 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BKF ENGINEERS FOR ADDITIONAL DESIGN SERVICES FOR THE DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 PROJECT WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers (hereinafter referred to as "CONSULTANT"), entered mto an agreement on September 7,2004, to provide design and construction engineering services to CITY for the Dougherty Road Improvements - Houston Place to 1-580 Project (project); and WHEREAS, due to changes in the improvements and legal right-of-way descriptions neecssary as tl1e result. of the future Dublin Honda proJect; and WHEREAS, tl1ese revisions necessitate an amendment to tl1.e origmal Scope 0 f Services in order to complete the design ofthe City of Dublin's Project; and WHEREAS, tl1e not-to-exeeed contract amount is proposed to be increased to cover the cost of additional work for tl1e amended Scope of Services; NOW, THEREFORE, the parties hereto agree as follows: Amended Scope of Services The Scope of Services shall be modified as described in Consultant's Amended Scope of Services dated April 27, 2006, for the Dougherty Road Improvements .". Houston Place Project, attached hereto as Exhibit "A" to the Amendment. Not- To-Exceed The total cost for work under this amendment shall not execed an additional $34,317, hringing the total contract amount to $483,763 CITY OF DUBLIN Mayor ATTEST City Clerk BKF E~E S 4. ,. /f/ .-. ~ -------r."- I \). Natalin' ~e haJ: 6/01JD" , (i:\CONSlJL'IANTS\bkAAMEND t I.lt::iii~>n u51606.DOC EXIIIBIT A. To the Resolution I....~ ;:a B k r April 27, 2006 Lee Thompson ENGINEERS City of Dublin 5 Public Works Department URVEYORS ..100 C' . C IVIL JenLer PLANNERS Dublin CA 9456B , Lf () 133 Subject. Extra Work for Dublin Honda Off -Site Improvements Dear Mr Thompson, BKF is pleased to present to you a proposal for the design modifications as required to conform to the Dublm Honda Slte Plan along tl1e Dublin Boulevard frontage. The amount of effort for tl1e design modifications is described in the enclo~ed "Summary of Fees and Hours by Task" proposal. BKF propose~ to provide the extra work task as described in the "Summary or Fee~ and Hours by Task" for an estimated amount of $34,317 Should any additional services be requested or required which are nO! meluded in our "Summary of Fees and Hours by Task," the~e ~ervices will be considered extra work and will reqmre an amendment for apprmal and processing prior to executing any additional work task. We look forward to contmue providing services to you on this project. Please contact Ille if you have any qllest]()n~ or require additional information. Very truly you"" BKF Engineers 4780 Chabot Dr. Suite 104 Pleasantol7 California 94~81i-3323 phone 925.396.770U fax 925.3y6.779Y www.bkf.curn EXHIBIT To the /t111CA/.f)"'ZcNT SllMMARY OF FEES & HOURS oY lASJ( 5" of 33 BKF Engineers 4'78U Chabot Drive; Slllt~ ]04 t'ltlasafltol"l, CA 94588 (9251 39f"i_7700, FOIx /92.3) 31,l6. 7799 Engin.eerin.g Services for Off-Site /mpl'Ovementsf()r DuMln H(Jndl1.~Phase 1 Work Ti:1sk 1 Project COordination Task. :;;: 100% Submlltal Tas.k 3 Final PS&E SK PI P ng ng Eng I T~ch ro urv 0," Cast Rate/hr $175 $ 142 $ 120 $ 106 $ .3 I 104 $ 64 $ 236 Hours. Task 1 2 4 20 2,5R4 'Task 2 3 14 2J 34 ,. 16 24 0 130 S 14,04.5 Task 3 1 7 6 10 . 14 12 0 5B I B,lO'/ r $ 8 4B 36 0 20B Sublolal $10S0 $3 692 54,560 $5,068 122,2 $3120 $:3,024 $0 $ 22 706 Rl;!imbursable Expenses: Printing/Delivery Computer/PlaUer 4.0% of professional feas 4.0% of professional fee,!; $ $ 911 911 aaelur:sae enses Task A . Modify Dublin/DaughM}/lnt€trsectlon Improvement Project $9,730 ro e!ilSIOIlIil el'Vlces DUgS PIC PM Eng III Eng II Principal in Charge Pr'Ojtlcl Manag~r Engineer III E.nglneer II Eng I Dro' Tech Surv EngiJ'u!t1!l1'1 Drafter Technician (Em;llneerlng or $I,lNey) Survey Field Crew Not~s: 1. If is assumeo that there are no sfructurfJl eJem~nts l'I~ part of thjs project. 2. Existing imf)eri~1 flerlflJ topogr,flphic survey is sufficient tol' pS&~ WOffl. 3. R~storation of adjacent properties is not inCluded irt tM scope with the exception of driveway conforms. 4. Right or Way work includes unlv modmcaf/ons (0 ~ maximum of 4 plat & legal dtSCrlptlons, 5. The preparation of relocation plans for utilities not owned bv CIty :;Ire el(cJvdea In the project scope. 6. The duration of the dssign phase of th~ project Is assumed to Oe 4 months. 7 It is aSsLlm8d that tMI'e will M 2 City sufJmlrrElls (100% SlJomittal & Final 5ubmittal). 8. IrripatiM, L<)rldSCtJ':;infJ, Permanent & Tempo~ry ~roSiofl Control. Signing & Striping ana Stage Constlvctlon Plans are B"Kcluded from this scope of work 9, Project SpecjfiCBtions. Quantities & Estimate am 9xcludea from rnls scope of work. 10, Hyorl'lvlic Calculation & Analysis are excfuded from this scope of work, 11 Project scope InclJ,Jdes the froflrflge Improvements atong Dublin Boul~v8rd at me Dut;Jlln Honda Site. Scarlett Court improvements a/'B limifM to the curb rerum at rhe Inrers~ctjon af Dublin Bou/8....ard. 12. Proj~ct .scope dOBS not include survey work. b of 3 3 TllSk 1 ,",,~oJect Coordination Task 1 1 Altend meetings wl1n City (assume 5) Task 1.2 Coordinate de~ign wiln City, Adjacent Designer and Developer TASK PIC PM EnQ III EIlQ II E.no 1 Tech D'" 8m" Tal H~s Cost Task 1.1 1 3 5 9 $ 1,201 Task 1.2 1 2 4 4 11 $ 1,363 Subtotal 2 5 9 4 0 0 0 0 20 $ ;:.5Ei4 Task 2 100'% Sl,Ibmlttal Task 2.1 Prepare title sheet TasK 2.2 Prepare typical cross sections plan sheets & project cross sections TCIsk 2.3 PrePlilre layout sheets ouUlning geometric features Task 2.4 Prepare aemolltion plans Task 2.5 F1rep~re Utility occupation sMels '1'ask 2.R Prepare drainage plan sheels Task 2.7 Prepare construction detail plans Task 2.B Develop grading and profile sheets Task 2.9 Modify PItHs & l.egals (Assume 4) Tesk 2.10 CondUC11r'1dependent qua lily eonlroll'6\tlew Task 2.11 Pl'epCir1!l PlanS, details, calCulations for Final submittal TASK PIC pM EnQ III EnQ II Enfll Tech Dr13f1 Surv Tol Hrs Cost Task 2.1 1 4 5 $ 536 Tl;I!;Ik 2.2 2 2 2 2 2 10 $ 1,014 Task 2,$ 2 2 2 4 11 $ 1,136 Task 2.4 2 2 4 " $ 904 Task 2.5 2 2 2 6 $ 620 T:;lsk 2.5 1 2 2 4 9 $ 904 TasK 2.7 1 2 2 4 6 16 $ 1.470 Task 2.8 2 2 4 2 4 2 16 $ 1,718 Task 2.9 1 4 6 22 35 $ 4,035 Task 2.10 1 2 3 $ 459 Task 2.11 1 , 4 4 11 $ 1,247 Subtotal 3 14 23 34 16 16 24 0 130 $ 14,045 Task 3 Fln.p.1 PS&E Task 3.1 Revise 100% submitl.;!1 per City review comments Task 3.2 PreparE! Fln~1 PS&E Task 3.3 Cnnd(Jct Independent Quality control rel,llew Task 3.4 l="ackage dOCun'lt:irlts for Bid TASK PIC PM Enj:llll EnQlI e;nQ I Teg,~.",~ D'" Surv TClIHrS Cost Task J.1 1 4 6 4 6 6 28 $ 2,933 Task 3.2 Z 2 4 4 8 6 24 $ 2,44B T~5k 3,3 2 , $ 284 Task 3.4 2 2 4 $ 4.2 Subtotal 7 " 10 8 14 12 0 58 $ 6,157 7of33 Dublin Blvd/Dougherty Rd intersection Improvement /'rojet:f Task A ModIfy PrOject Phln$ \Q Include ~tJ,~se 1 BI!;i Existing Conditions n:!ikA.1 Modify project pl;;In$ Task A.2 Update project quantities and estimate Task A.3 Incorporate CI1Y comments Task A.4 Condud independenll:jualily cOnttOI fevlew TASK I PIC PM Eng III Eng II Eng I roch 0". SU71 Toil;ll Cosl Rale/hr $175 S 142 $ 120 S 106 $ 93 $ 104 $ 84 $ 236 HOLlrs Task A.1 2 4 B 10 12 10 8 54 $ 5,766 'Task A.2 2 4 4 10 $ 1,072 Task,A.3 1 , 2 2 2 8 $ 933 TaskA.4 1 2 3 $ 459 SublotClI 4 9 10 10 '6 16 10 0 75 $ 8,230 BKF Subconsulil;lnts: RGA Utility Consultants, Inc, (Lighting) $ 750 Gates & A~:socI3Ies {Landscaping B< Irrlgl;ltion) $ 750 Subtotal $ 1,500 Subtotf.ll Budget $ 9,730 . . '. '20+33 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BKF ENGINEERS THIS AGREEMENT for consulling services is made by and between the CITY OF DUBLIN ("City") and BKF ENGINEERS ("Consultanf') as of September 7,2004. Section 1. SERVICE$. 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, 2007, the date of complelion 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 othelWise terminated or extended, as provided for in Section 8, The lime 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 ali services required pursuant to this Agreement in the manner and according to the standards observed by a competent praclitioner 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 Consullant's profession. 1.3 Asslanment 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 nolice from City of such desire of City, reassign such person or persons. 1.4 :!l!!!!. 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 Consultanfs obligations hereunder. Consultant shall not be responsible for delays beyond Consultanfs reasonable control, Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Four Hundred Forty-Nine Thousand Four Hundred Forty-Six Dollars and No Cents ($449,446.00), 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 Consuitant for services rendered pursuant to this Agteement. Consultant shall submn all invoices to Consulting Services Agreement between City of Dublin and BKF Engineers AffAUIDIENT 3. < ~ ..... , 901=-33 : City in the manner specified herein, 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, lhe 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 addiUonal 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, uniess the Agreement is modified prior to the submission of such an invoice by a property 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 Aug ust 17, 2004 Page 2 of 13 . . . , 2.5 2.6 2.7 2.8 2.9 /Oof3,? Reimbursable Exoenaes. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded, Payment!)' Taxos. Consultant Is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes, Payment uoon 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, 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 Rate Adjustment.. Consultant will be entitled to an annual rate adjustment upon the first of the calendar year The amount of said increase shall not exceed 5% per year. $ectlon 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 fumish 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 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 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. August 17, 2004 Page 3 of 13 Consulting Services Agreement between City of Dublin and BKF Engineers . ~ . /IIi . / to f 33 4,1 Workers' ComDensatlon. 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 Indlreclly 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 endorsemenl shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mall, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultanfs 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 aggregale 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 aulomobiles. 4.2.2 Minimum SCODe of CQveraQe. 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 reauirements. Each of the following shall be Included in the insurance coverage or added as an endotSement to the pOlicy: Consulting Services Agreement between City of Dublin and BKF Engineers August 17, 2004 Page 4 of 13 - \ 1,{()f-33 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.lnsurance 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, An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mall, retum 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, e, 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: August 17, 2004 Page 5 of 13 Consulting ServIces Agreement between City of Dublin and BKF Engineers ~ ... , /3 o.f.- 33 , 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 bEl provided for at least five years after completion of the Agreement or the work, so long as commerciaily available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made poilcy 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 shail have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels at 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 Reauirements. 4.4.1 AcceDtabilltv of Insurers. Ail 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 shail 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 ail required Insurance policies, at any time. 4.4.3 Subcontractors. Consultant shail require ail subcontractors to meet the insurance requirements stated herein. Each subconsultant shail furnish separate certificates and endotsements, 4.4.4 Variation. The City may approve a variation In the foregoing insurance requirements, upon a determination thatthe covetages, scope, i1mits, and forms of such insurance are either not commerciaily available, or that the City's interests are otherwise_ fuily protected. 4.4.5 Deductlbles and Self.lnsured Retentions. Consultant shail 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 deductlbles Consulting Services Agreement between City of Dublin and BKF Engineers August 17, 2004 Page 6 of 13 . 14.1-33 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 Coveralle. 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 Consultanfs eariiest 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 altematlves to other remedies City may have and are not the exclusive remedy for Consultanfs 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 municlpallaw 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 hannless Includes the duty to defend as set forth in Section 2778 of the Califomia 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 August 17, 2004 Page 7 of 13 , .. /!Jof3? 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 contribullons, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 IndeDendent 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 10 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 authotity, 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 REQUIReMeNT~, 7.1 Governlna Law. The laws of the State of California shall govern this Agreement. 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 Reaulatlons. 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 subcontraGlors hav.e allliGenses, permits, qualifications, and approvals of whatsoever nature that are legally required toprectice their respective Consulting Services Agreemenl between City of Dublin and BKF Engineers August17,2004 Page 8 of 13 . .~ /C7ofj?> 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 respecJive 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 ODDOrtunlty. 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 compensalion 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 Extensl.2n. 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 durlng the extension period, Consulting Services Agreement between City of Dublin and BKF Engineers Aug ust 17, 2004 Page 9 of 13 I. " 17(){33 8.3 Amendment$. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Asslanment and Subcontractlna. City and Consultant recognize and agree that this Agreement contempiates personal performance by Consultant and is based upon a determination of COIisultant'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 Ootlon8 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. Section 9. KEEPING AND STATUti Qf RECOROS. 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 August 17, 2004 Page 10 of 13 .. , .. , Itof:3~ 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 seNiees 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 InsOIctlon 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 duting 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) ye.ars 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 attomeys' 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 aellon shall be vested exclusively in the stale courts of California In the County of Alameda or In the United States District Court for the Northern District of Callfomla, 10.3 Severability. If a court of competent jutisdlclion 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 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 Succ8880re and Asslans. 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 August 17, 2004 Page 11 of 13 ~ , " . , /,?of33 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, codifled 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 ~1090 elseq" 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 ofGovemment Code ~ 1090 and, If applicable, will be dlsquallfled from holding public office in the State of California, 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus 9rouP, 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 August 17,2004 Page 12 of 13 '\ 1 ~. , . ;0 ofd3 responsible fot 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 SI ure 0 report/design responsibility. 10.12 Intearatlon. 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 priOt negotiations, representations, or agreements, either written or oral, CITY OF DUBLIN I Pt2SID6NT' Attest: Approved as to Fonn: ..-I) - Consulting Services Agreement between City of Dublin and BKF Engineers August 17, 2004 Page 13 of 13 -, II .. , .' ;7/of33 EXHIBIT A SCOPE OF SERVICES To provide design and construction engineering services as delineated in the attached proposal dated August 5, 2004, for the Dougherty Road Improvements - Houston Place to 1-580 Capital Improvement Program Project. G:\E~r-<:on1roct\zu....IlIIg..om.nt OW5_dOO Consulting Services Agreement between City of Dublin and BKF Engineers--Exhibit A August 17, 2004 Page 1 of 1 . , . ~ I , . . J; of-33 EXHIBIT B COMPENSATION SCHEDULE The term of the agreement shall be for a period ending June 30, 2007 Consultant may request an adjustment of rates for the second and third years of the term, Compensation shall be paid per the attached Fee Schedule, City shall pay Consultant on a time-and-materials basis in an amount not to exceed the total sum of Four Hundred Thirty-Seven Thousand Four Hundred Ninety.One Dollars and No Cents ($437,491,00) 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 tenninated 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 tennination, 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 perfonn any services or incur any costs whatsoever under the tenns of this Agreement until receipl of a fully executed Purchase Order from the Finance Department of the City of Dublin, G :\Engr-<:anlraclllll4l8greement dcugllertywldenlng,doc Consulting Services Agreement between City of Dublin and BKF Engineers-Exhibit B August 17, 2004 Page 1 of 1 " . , ,. J9of33 August 5, 2004 DOUGHERTY ROAD IMPROVEMENTS HOUSTON PLACE TO 1-580 CITY OF DUBLIN CIP# 96852 DUBLIN, CA SCOPE OF SERVICES PROJECT UNDERSTANDING The purpose oftl1e project is to widen Dublin BoulevardIDougherty Road intersection by constructing additional ilirough and turning lanes. Project limits on Dublin Boulevard will be from Dublin Court on tl1e west to approximately 900 feet east of the Dublin BoulevardlDougherty Road intersection, Project limits on Dougherty Road will bc from Houston Place on the north to tl1e 1-580 ramps on tl1e south. City proposes to retain BKF Engmeers to provide services related to and prepare the construction documents, consisting of plans, specifications and cost estimate, for tl1e widening of tl1e Dublin Boulevard! Dougherty Road intersection and the Dublin Boulevard and Dougherty Road street widenmg, The schedule for tasks 1 through 6 for the design phase of the Dublin BoulevardlDougherty Road intersection improvement project will have a duration period of 13 months as shown in the attached schedule. The schedule for tasks 7 ilirough 10 will take place as required by the City, CITY PROVIDED INFORMATION A summary of infonnation tl1at the City will provide to BKF is as follows: . Geotechnical recommendations for retaining wall foundation and pavement sections . As-builds for roadway facilities, existing utilities, elC, BKF WORK APPROACH Task I: Project Management! Team Leadership Work in Task 1 will include monitoring and coordination of tl1e project as described in the attached summary offees, It is assumed that tl1e design duration of the project will not exceed 14 montl1s. '. . , , ,J"-f of?3 Task 2: Preliminary Investigations I Preliminary Engineering In Task 2, BKF Engineers will collect necessary existing data for the development ofthe 35% contract documents. Field surveys will be conducted as needed for tl1e project design, BKF will prepare Design Exceptions in accordance with Caltrans standards and tl1e 35% project submittal which shall include plans and cross sections. Additional services to be performed in Task 2 shall be as described in tl1e attached summary of fees, Task 3: Final PS&E .95% Submittal BKF Engineers for Task 3 shall perfonn the required design, as described m the attached summary of fees, and shall prepare a project 95% submittal to include a draInage analysis, plans, specifications and estimate, Task 4: Final.PS&E- 100% SubmIttal BKF Engineers shall review and incorporate tl1e City and Caltrans comments on the 95% submittal for Task 4, The project contract documents will be revised and updated to a 100% level as described in the attached scope and services, BKF will provide and submit a 100% submittal to include plans, specifications and estimate. Task S: Final PS&E BKF Engineers shall review and incorporate the City and Caltrans comments on the 100% submittal for Task 5 Under Task 5, BKF shall prepare bid documents to include final Plans, Specifications and Estimate for tl1e Project as described in the attached summary of fees, City shall use the bid documents to advertise for the Project construction. Task 6: Right of Way Documents BKF Engineers shall prepare right of way documents for the land transfer to Caltrans within the project area where Dougherty Road is to be widened in tl1e vicinity of tl1e Highway 580 on-ramp. The right of way documents shall be prepared in accordance with Caltrans standards and as described In the attached summary of fees. Task 7: Construction Administration BKF Engineers will provide to the City construction support services during tl1e project bid and construction periods as described in the attached summary of fees. Task 8: ConstructIon Staking BKF Engineers will provide construction staking for the project construction. Construction staking services will include tl1e work described in tl1e attached summary of fees, ADDITIONAL RELATED SERVICES ;;5" () f ~3 Task A: Base Sheets for Underground Electrical Line work BKF Engineers will prepare base sheets for the City's electric power undergrounding project. The base sheets shall include the limits of work as described for the Dublin Boulevard! Dougherty Road intersection improvement project. BKF Engineers will coordinate this work with tl1e City's undergrounding project consultant. Task B: Relocation Study BKF Engineers will provide City requested services related to the various right of way relocations required by the Dublin Boulevard! Dougherty Road intersection improvement project. ADDITIONAL SERVICES Otl1er items of wOlk not described above may be added to tl1e scope of work WIth an approved work authorization and budget from the City PROFESSIONAL FEES BKF proposes to provide the City of Dublin civil engineering services related to the preparation of construction documents, consisting of plans, specifications and cost estimate for a not to exceed fee of $449,446 as described III the attached estimated "Summary of Fees and Hours by Tasks" dated August 5, 2004. ., '?bof33 .'fUMMARY OF FRKt: A: R1l"Rl. BY TIf.tK MF !nul"" 4no Cliabol Drive; sui. 104 ~CA '-"88 WU) i%.-11OO, pax. (nS) 3S16.77~ lJilte: August 5,2004 1hf~IltAmyRdIlf,.nt<<tIII1thrtJllY'IIfIJI4Ift.l'1wJ<<t ,.,,$k 1 T...s.k2 TaskS Task 4 T....S Tui'd Tn~1 T..~8 Proj.ctMllnllQBmentfT..lTIlud.tsnlp PrdmlnillY Inveltlg8tlonsl~rellmlr"IIrY I5nuffleettnu FInoI PS&E -. Mil. Submltl1ll Final PS&E -100% Submtllll Flruil PS&E. RIght ofW-v Docum.nbl. Coonuctbn Admln'-tmtmn Con.~~n~k~~ Ra",,", . TIiJ.k2 Tuk3 Tl.llk.f T,.k 6 TII.k6 Tnk7 TII"" n. '"' 18. .112 7 "0 112 "" ., 14. 2M 100 .. ". 7" 0' 27 71 .0 .. 12 3D "' "' . 23 33 .. 0 1" 0 18 8312 u" 1 . Hou", 90 112 " 21 3lIO 42~B7 212 11. laD 0 1.0"" 113.933 "" 72 I. 0 8"" 80,770 .. "" 28 0 2"" 29,340 38 .. 0 0 232 24,800 eo .. 0 0 1711 18,207 0 0 0 lOS ..172 2" 2M 7878 88216 .,820 '5. "'".... 517,100 ",300 '" 500 BKF SU~I"IIUIteI1tPJ: I\GA UIIIty. eon...I"",.., In.. (llg~""ol 01'" & Alloel&1n (t..ndIJGIIplng a Irrigation) 81c:1gt. Cardoaa & AJJSf)(:.tes (ReQlil1lntj,l Wall DfllIIIlgn) 8ublotal "nil rv Ftelrnbul'lt.b* I!il:Plnltl: Pmana/DllIvory. ComI'UW/fIIottIIr. ....0% Of P,...Ir)fIIill fl;lBII "_0% of profeulonal fgB& S 5 13,948 13,948 . mu "" I5ldra Wori{ from. Envlronmentll Document Phue nil( A . BaM Shletlfor Underground. EIKtrteIIl LIne Work 1.11e e . AIIow&Inee for Relocltlon. Stucly $7,000 $3.60' $10,000 n Itv II . u . "IC PM ~ogll1 Eng II F"McIpalIr'lChill'OllI Project Mer'lSgflt E:ngfnOflrlll E.ng~f1erll !;,ngr C"'ft TIO~ Su" ~lnllllf"1 0_' Tachnk::!.n (EnQlInMrinu.1X' Survey) SurvllY F.ld Cr1IW ll.~l'lIlI!Illltliil'AM'lllllll~ -. _"11"- '. <' Notu: 1. It J. ..Jumfil th.t there.,. no JtfUCtJJreI_tMI7U .... part of tho project Mfh fM ~ptIon aI. MW R.t.a/IIltIg WlNf .1orI~ ..lUIoUnd lJubIln 8Nd 0 SE qu.dranr lInd _1onQ lWuthboutrd l)o&JghOr1y Rwd tal SW ~ 2. PIDjfJr;t &DpfI doN not It''tcI&kN tIt1J~tu'" calcuJatJMJ for n.MG: SlIme' foun~~. 3'. ~)fbztJnrllmperlsl.."'-l topggr.phlc JUIV.Y a luftlclMlt for PS4E WOIt. if, rhs CMy to pmvidrl Gfibchnbl JftfarmllJon. d, 1hIalonltioo of 1IdJ-~f prop.rtM. ~ not i1e1Ud.c1 i1 rh. 5'COp' W1ItI IM.xc~ of dtMitwIIy oonfDnn$, 8. ~ct 'COPII datJlI not lnc/4ldfl/SA Ph... II. 7.Pt'Oje~tl~ .~.A~"r&nvey_ B. Ji'tojOd ICOP_ ~.lJfIly d,.tttJg modlfb~. ft:lieJdtUttg ClItnIM HAlJ 83 bu.d Appra'YI MaplI, Right of WIly Rocord Mlps.rret Hm Copy MlJ/i$. S. F'foJeCI.ICQp8 .$,sumu draw#fJ~." h AuWCAO and d~ not t1cJuct. t:OItWrt/on. to MlcfWtltlon. 1Q.C.1t$1'I5Itf" ~tI1'utition ntpOlb and rn.mc: mllMpomorn"-n .~ not Ir/r:h.ldfd In thII (l~ &COp'. 11. It h ~~f,lmed rliat c.~M ""'" "'tiJ.~ M1III bB impflrilll buod wit/! rnetrlc. "olt COII~IOn.... 1~_ The prep{l~t/otI d~tJm "n5 for lIfilllJ$l nDtoWJJlld by Ctllfnm* O'Cb' IINJ e~ In 1M ~ 'COP'. 13. CIIltnmll PsffllllnMlt TrGi.rm.nt BMP M..,ln5 MI1 stonn' W.ltr O"trJ Rspod rmnfDmlin~ 10 COlt/1lrnl ,,"Wfm.nt8 ant tJ<<:IIHHHJ fn:Im tnII SGop'. 1.. Project Spec;lt'IGatloM sh<<JI 0.. '" Cllhn~ st.mHmJ Prolll!ilonJ fonn.t 16.Pfo./tJd ICOPO oxcludfn CO"""5,.tk and rid. fru;l1ly land tnlnsr.r. 16. .".,. d~,1Qn 01 fho dolJt1n phe,o oIrho ~ Is .u,l,mltKJ to b8 13 mgnthe. 17. It Ii *uumed tItlttMf8 WII bit: :I c.ltnMs IiICrtltn." tfM" SubmllttJl & 1009lii SIIDmItMJ) and f Ilna/,flCfO.lch",,.nt pBrml .ubmlftll tFwd PS&E). 14. It ~ IUumed rtm Hwy $0'0 rlmp modJt'fc.lltlo,,, fJlJd mIJlnlfn. modlf1t::.tJonJ.1'O nor reQund. 19. Any mill" for psl'mlt, 1ncIUd1flQ ~m .m::1J)B~m.nf Pefmlt~ for II1IflIn".mg~' ""II M bom. by the CI/lJnt. 20. It 1J: ,fJuIJm"d IMI tht1 rltht ofw.y wDl be rJIsIJlBd of.N "bstRletlon.f prior to u", t;OffI1miIm:~t of COf1'IIMirIo/'l. 1I:~\11041:11M\"'~ -. ),7 (J13~ .....,""" Tuk1 T..k 1.1 T..k 1.2 T..k 1.3 TaBk 1.4 TNk1.1!i TaElk1.8 T,I>.SK T,.k 1.1 lull. 1.2 T'.K 1.3 T..k 1.4 T.,k 1.15 Tuj( 1.ft Subtotal Tuk 2 Task 2.1 T.t~ 2.2 'taak 2.3 T..k 2_4 T",II: :1.5 Talik 2.B Tal!ik';i!.7 T..k 2.8 T..k 2.9 r..k 2.10 TASK TSllk2.1 r..k 2.2 Tlsk 2.3 Tallk2.4 Task 2.5 l",k.2.8 Tallk 2.7 "('1"2.8 T..k 2,9 n.k ~.ia SUbtotal " . ProJec:lrMnIDem.l'ltf1'HItII LHae,.hlp j;ltO:pGra Bnd m~m"r prog.... ac;:hedulo..nd budget Aneno. meeting.. wtiI City ('''UI118 6) Coordlnatt, dfl8ign, with. .Im Ji'H!tmbera Ind. GOfl,ulIlIntI Coordll'l.m. wtth. und.rglQund dMkIn conlultant for elKtl"lcal UnclltlllOund WOI1c: Sutl8rvJae d85lgn d&velopment Ol'Qlnlla & (:COn:Unete. dealCln I'$WM mMtlngll. WIth Clty.&. Clltranll PIC PM Ena III EMil EnQ I Toch Draft SuN TotHI'Ii eo., . " . 30 $4.002 . . 10 $1,"0 10 16 10 10 .. li.HS 4 . 6 1. ..... . 60 10 66 9.01' 6 30 20 .. ,_ 41 123 .. 10 o~ 0 0 0 .SO $SO,604 PRlllmlnllry Innaltu.t1onalPrwllmlnllrY KnGlnnrlna CoQ,(:t Ind rovltw -".lIblo. dati, l!J.bullt&, gnd ...porbt. PIlrf'Drm .deOtlon"IRe-1d eurveyJ p"d "'"rIfy pavtl"OtJ'lt eh!lvation. at (:Ot\fQrml!l Plr1orm. tuPPlttmlllintll fil!tld Inwstigatloh& Ch&ck utility conllct. ..nd pol8ni11L1l'1aloCldons Provide glaCtolBnd nece.llry Inform.tIon ill PG&J: fer pols. n!/;IooBtK?n IQrid IIlectrlc.9l underground wo,*- p~~re Poflan E~"ptlonfi, (assumes n.t then;!: will be, (lIllPImI,lr'r'! J'lumbtt Of 2 dl!lBlgn exc.ptlonl) M.'VIH. 't.l*iM. plrln gflomllltry ba&8d em city InP\JI OtValon ~1eA1 cme. .t(:tIQn., g"dlng. cl8llgn., and draNge Dlln lI~ut Flrwpam Pf')J.ct ~II asetIo"e every 2& ts.t ~d!;ln ".k 2.2 Submh. 35~ Hllgn Dlflnl to. CftIJ (T1tIe. SnHt,.l'ypJ:aIl,Layoy.,Oralnag. Plan & ClD:Ba SIIction.) PIC PM Ene III Ene,1I Ena I iO(lh Dreft Sm" TotHI'8 eo" 2 . . . . .. 52,I!UI7 . a "" . 2. 62 $10,100 2 6 . 6 . S. 3,508 2 . . 14 1,~10 . 4 a 10 26 2,642 2 . a 10 . . 3. :'J,522 . . . . .. ',610 1. 12 fO 2. 1. 1. 8.102 ~ ~ . 22 s. 3,810 . 6 ~ ~ . ,0 s. 6,900 1 .0 .. sa 90 .. . 24 sa9 $42,961 It . ,_~t,QI&Ibr.4IlIn"'""", ....' }tt, of3;l, Mlllll1I11~ . T_k3 T8,k3.1 ink 3.2 T"k 3.a T"k 3.4 T..k 3.~ Ta.k 3.8 Tilak3.7 Talllk 3.8 T.~k 3.9 T..k"3.'0 'r'!li1c.3.11 T..k 3.'2 Talk ~,13 T.llt a.14 TB8k~.15- Taak3.16 T..k3.17 T.,k3.18 ToII.k3.1S1 l.11f: 3.20 Talk 3.21 Tallk 3.22 TA$" T8&k3.1 Tllllk3.2 T.lk 3.3 T..1e 3,4- T(I,k3.5 Taak 3.8 T"II; 3.7 T..k 3.8 T"k 3.0 i..k 3.10 T..k3.11 TIIGka.12 Tl;lIak3.13 T..k8.14 .,...k 3.15 T..k3.Hl Tnk3.17 nlk:3.HI r..k3.Hl T.ak 3.20 T..k 3.21 TRak :3.22 Subtotllll " ~ Pinal pan - M% Submltw Rev" 3S~ ,u~1 j)fIt City (:Ornman1a MlxfIfy baa: ahM'bl WIth. au~men'tJiI'\Jrvl:ty dltll MocIIfy typklllll CftHII!I HCtiOr'III J*ln II"1..ta A proJoct Qma& ucIlona PI1I.....lAyOut.n..ta outllnblg. gecmetnc re'WI'II Conllrmpllrklng. lot lQgubiand.lWClul",rT1t1ntJ Pel'1bnn'lUmln; tUh":1)1I1$. On peridr'lg lotI. In.' c1rcurauon P!IIpllrB. dBmcltkJn pIIInll (hclul:Ma l.Ino.rgrouna. WOI1l:) o...rmlnl. utIIItIe. to. be. ~lId.,Ht dBVlllop ullllty ~UpBt;;,n hC!ll. Ar\IiIyze hydrolDglc. condltkln& and PRIP1'" (:11'811"1';$ celt;$ PllIpBn!I. pntlmlnary dl1ilinllgt!l 1IIlB1yt.1a. PI'1iIMI'I. dl'llnage plln....." Oevelop. eonttructlon deteN pltl1. pg'w'ulOp g~lng .00 profile 5he.us P""PI;II'tI prelmlntlry. Swp~p pb;IliB ,El'Otlon Con~ Pllnl & Perman.nt aMP, f"ftPIII"I. Plv.menl c1ehnntton pllln. PrtPlI"I. .lQnlna. PIInt Pnpllll1l .tagii construatlDn.nd lnIi... /l,ndllna ~I,n .-ho,,~ P"PBI'iI!II!'iIfftC: _Iunal pli!ina &. coMuotof Ind ecru:h,l. IIIch*fMII Pnllp8InII PmjI!Id. 6pec:~tI(Inllll DtvslDp au.ntttiII. .nd COllStructlon Ef.tlmlito Conduct Independent Quality Control R,twieW ~rwpa... PMnB,dcHJl,*,(YIIIcI,J~n, for 9!%. BubmltiBl PIC 4 PM Enolll Enoll Enal 6 6 10 12 4 6 6 4 6 . 10 2 . 10 12 2 . 6 6 2 . 4 . 10 ,. 2 2 2 . 2 16 . . 12 . . . I. . 6 10 16 4 . 6 14 . . 10 14 . . 10 10 2 . 6 4 24 2& 36 22 6 44 .2 16 16 12 12 . 12 10 12 10 . . 142 204 190 212 2 . 6 6 10 1 2 4 41 K.~1;04~"""-"I rOCh ,. 6 4 146 -. 10 . ,. 12 . 4 6 10 6 . . 6 16 Craft 10 150 10 SUN TDtH.. CoB' 64 56,720 2. $2,670 32 $3,246 54 $6,240 16 $1,630 10 $1,110 64 56,'" 2' $2.702 2. $2,754- 30 $3,436 .. $4._ .. Sll,79ll 46 $4,742 56 66,096 46 $4,.... 2. $2,614 '"0 $.6,028 162 5'6,6<<) 62 $6,- 61 56,361 12 $1,6'6 .. $2,186 0 1085 $113,633 10 6 . 6 6 6 . . .. 54 290(37;. ~"jl/Jl1Oii lC~l;i04~"""" -. -.,- '. I ~. If. ~.. ... "1'..__1 T,,'8,1 T."It;B.2 T_1c;8.:3 ToakU Toak 8.' Tool< 8.8 1'.fk 8.7 T.III~S.a. TASK t..k8,1 T..k ..~ Tooke,s Toak ... THKIUi 1".'1<8.& T..j( 8.7 Tltlk8.8 S1Jbtob1Il C:an.tftmtlOn "II:I"RI H_I&V._ICotrtIoI Ul'ldergrwncl Wonc-slaka Right otway 11I00 ref: Ur'ldM'gl'QdJ'ldW~Q Curb Gl,litet&Ssck gfWalk S..kaRlg/llol wo. ...nCE S..kdlo.. 0nI1n s~ UIllty.Rl!llocatlOn ~.ttn.tcture. _Roto~W.11o Stak$ Curb Gutt8t & 8jj~k ot Wdi. PIC PM ~r)glll ~nQ II I:l1iil TI5t':h O'l<lt 8"'" TtrtHriI ~ . 8 14 ~ 4 8 14 2 12 18 S8 2 4 18 :!;! 2 2 12 18 2 8 18 ltl 2 2 8 12 2 12 24 38 8 18 0 48 0 0 8 188 172 i' ]! of 33 Coot 2.246 ;l.~8 4,822 3,138 2,1148 4,228 2,048 .~8. $28 Il4 . . " ... . . Dublb< 81>d1DooPoIfYRtI- U/#/..."..../#/ _<4ILiJI" nak A B._ Sh.... for Unll:hUOl'OloIncl E-.otMal U,... WOt'k Talk, A,.1 Pl'BpBfB. 8..., M.p. for: Undargrmmd E!1octrkrII1 LII,.. Talk A...2 Meet 10 ~ tN. e... MIII~..JKt .yartng Taak A.8 Revill. and Rellll,lbmlt BBIJI!I Mape; TASK 0... 't'olHI't En I Tooh 7 Sun! PIC 10:1 PM 1 En III 11 En II . .. 7 .. T..~ A.2 T"k.A..3 ""'.. ~ 4 2 2 1 4 10 o 4 RBlmbul'tllbll Experula: PrhtlnglD6l1v8ry CumplMrlPlDD8r Subtctal 4.~ ot~al!.kJmllfRBII 4.~ of pralllonll ,... ""' DuM'" 81w11D<nog"1fY lId-.lIN""""" St~ T...k B Rtlclcatlon study {pJ"IIUmlrMll}' stud..... for ~~~lQin at RUllln...) taak B.1 Develop Altematlv6a (Max 3) Tllk 13.:2 P..-plllnllllnta calculBtIona fur .\Itblmll'l:Mlill T.lk 9;.3 Meet to revllW, .ltIm8W1III8 T..\I; 6.4 Revlm p...r.ITlld .lt8l'T'1atiVtll TASK PIC PM En III En " E Too" 0... SUn! TotH", 1 ... 11 7 97 .. 0 n.k B.2 2 10 0 18 Taak B.3 2 2 4 T..k 8.4 2 6 6 4 18 U 4 1 RolmbUrHb6e El<pInlO.: P'"'o/Dellv.ry C.",p".",P.,.... $ub\QQiI 4.0% of ,,"*,nlonil fees; 4.0% (I[ protD&slonal foes U.... U :an04!l.$r'r1f)\mt II:; .~~.lIl1aNllltQ,ll'Mih,.."""""'"oI ....' Cost 1,1 1i5ll2 SS97 $ 130 130 $1,718 1i5ll2 114e . ... $ 329 .. 10 J? 0/ 33 .........1I11JZN1oi o CO l.C) J o ..... Q) o CO a.. c: o ..... fJ) :J o I fJ) ...... c: Q) E Q) > o 10... a. E "0 CO o 0:: :>. ...... 10... Q) ..c: CJ) :J o o () " " ~ ..; " " " ..; " " ~ " ~ N " ~ ~ -' ~ ~ ~ e '" "- "- J ~ A ~" , .. " f.l.... . ,~ or >. ~ ," ".1 '! ~! , '" ~ IJ:' U . k fill U 1:,: j ~! 1 i'! l . i < ~ ATTACIDIENT Af.