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HomeMy WebLinkAboutItem 4.09 Plans Widen Dublin Blvd (2) . CITY CLERK File # D~[Q]~-GJ6J AGENDASTATEMENT~ /jp 199 q CITY COUNCIL MEETING DATE:~98 . SUBJECT: Agreement with Brian Kangas Foulk for Design Services for the Widening of Dublin Boulevard (Dougherty Road to Scarlett Court) Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS A TT ACHED: 1) 2) Resolution approving agreement Consultant Agreement RECOMMENDATION: ~ Adopt Resolution approving agreement with Brian Kangas Foulk FINANCIAL STATEMENT: This contract will provide design services on a time-and-materials basis to a maximum of$129,800. There are sufficient monies in the 1998-99 Capital Improvement Budget to cover the cost of these servIces. . This project is a Category 2 project under the Eastern Dublin Traffic Impact Fee program, and sufficient fees have been collected to pay the cost of this contract. DESCRIPTION: The need for the widening of Dublin Boulevard to six through-lanes between Dougherty Road and Scarlett Drive was identified in the City's General Plan and Eastern Dublin Specific Plan. Development in Eastern Dublin has now progressed to the point where these traffic capacity improvements are now warranted. The approved 1998-99 Capital Improvement Program included this project to be designed and the acquisition of right-of-way to begin this fiscal year and to be constructed in FY 1999-2000. Staff requested engineering proposals from five firms, either local or performing work locally. Three responses were received. After reviewing these proposals, Staff determined that the firm of Brian Kangas Foulk is the best consultant for the project based on their knowledge of the project and their understanding of the scope of services. Staff recommends that the City Council adopt the resolution approving the agreement. . --------------------------------------------------------------- g:\engr\agstbkf COPIES TO: Roland Haga, BKF ITEMNO.~ RESOLUTION NO. - 99 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH BRIAN KANGAS FOULK FOR CONSULTING SERVICES FOR THE WIDENING OF DUBLIN BOULEVARD FROM DOUGHERTY ROAD TO SCARLETT DRIVE WHEREAS, the need for future roadway improvements along Dublin Boulevard were identified by the City of Dublin's General Plan and Eastern Dublin Specific Plan to accommodate development in Eastern Dublin; and WHEREAS, it has been determined that Dublin Boulevard must be widened to six through-lanes between Dougherty Road and Scarlett Drive; and WHEREAS, the City desires to utilize the services of Brian Kangas Foulk to design said improvements and provide right-of-way engineering services; and WHEREAS, the cost of these design services will be paid through developer Traffic Impact Fees. . NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin hereby approves the agreement with Brian Kangas Foulk for consulting services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 16th day of February, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: . City Clerk g:\engr\bkflresobkf , ,- / ~ .~-,-- -- . --I . STANDARD CONSUL TING ENGINEERING SERVICES AGREEMENT . THIS AGREEMENT is made at Dublin, California, as of February 16, 1999, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and BRIAN KANGAS FOULK("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, ifno manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. . 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by thi~ reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. . Agreement Page 1 of2 02/11/99 . . . , w"" ,. ,- ., .r- 8. RESPONSIVLE CHARGE. ConndtatU sball B&Sign a project ~5) to the projozt for the duration of the project. 'fb,erI! aball be no clumgc in the Pto,icc:t MartaiCt' or ~bers of the project team without prior wnnea. approval by the City. The Projcct MBrUliCI' for Cob9ultant shall b= ROLAND RAGA. ( 9. ~NTRACT ADMINISTRA nON. This ~enf :.hall he administered-by LEE S. l1iOMPSON (" Administrator'1. All corrcl>pOnde;1CC shall be diTtl::ted to or ~ the Admi.n.istrator or his or designee. AtteSt; 1 o. NOTICES. Any written notice to Consulta::nt shall be sent to: Rolalld Hap Briaa Kallpl Foulk 540 PM" Avtnue Red1"bod City, CA 94063-1411 Any writtc:n notice to City shall b:: sent to: Lee S. ThamplloD Director of PubUe Warks:lCity Encinecr P.O. Box:tUO J)lIblin. CA 94568 Executed. as of:the day firg uhove stated: CITY OF DUBLIN. 11 municipal carpl:mmon By "City" City Clerk Approved as to form: Agr::ment Page 2 of2 02111/99 City Attorney ",' .:} :; EXHIBIT A SCOPE OF SERVICES AND SCHEDULE PER PROPOSAL DATED February 5, 1999 FROM BRIAN Ki\NGAS FOULK (ATTACHED). Exhibit A Page 1 of 1 02/11/99 , , . .:--- . . . . . . Brian Kangas Foulk ~', Engineers.Surveyors.planners PROPOSAL DATE: February 5, 1999 .I ) ~"r 'i _< ;-/~ Dublin Boulevard Widening Doughertv Road to Scarlett Drive .......... Scope of Work Task 1. Topographic Survey, Utility Research & Base Map 1.1 Topographic Design Suney Brian Kangas Foulk will complete a topographic survey for the areas including that portion of Dublin Boulevard between Dougherty Road and Scarlett Drive. The survey will extend 500 feet beyond the Dublin/Dougherty Road intersection in the north, approximately 1,000 feet south and 1,000 feet in the west, direction and 200-feet beyond the Dublin/Scarlett Drive intersection in the north, east and south directions. These limits will be verified with the City prior to commencement of the survey. The survey will be prepared using aerial mapping methods together with supplemental field surveys. The aerial survey will also include those ~three properties, which will require right of way acquisition. The field surveying will verify elevations of the conform areas, inverts for the gravity flow utilities, location of USA markings, trees and those items which do not appear in the aerial mapping. The final topographic map will show visible improvements such as utilities, storm drain and sewer structures, traffic striping and structures, curb and gutter, edge of pavement, utility poles and guy wires, fences and trees. 1.2 Base Map Brian Kangas Foulk will prepare a base map which will show the existing topographic and right-of-way information at a scale of 1" "Q' 1":; 40'. The base map along with the digital data will be forwarded to the City of Dublin and selected consultants as designated by the City. 1.3 Utility Research Brian Kangas Foulk will complete utility research to determine the record location of those utilities within the project area. We will compile this information with the field located utilities and the USA markings to show the probable location of the underground utilities. The City will be notified of any conflicts between the field located information and the record data Task 2. Right-of-Way Engineering 2.1 Boundary Survey Brian Kangas Foulk will determine the existing right-of-way of Dublin Blvd. within the project area. We will review the title reports, provided by the City, and complete the Page 1 of9 Brian Kangas Foulk Engineers. Surveyors. planners ,.,. ,.' Dublin Boulevard Widening Doughertv Road to Scarlett Drive . Scope of Work necessary deed and map research to enable us to complete a field survey to verify the right of way location. 2.2 Right-of- Way Base Map We will prepare a right-of-way base map, which will reflect the existing right of way and the proposed right-of-way, needed for the project improvements. 2.3 Preliminary Right-of-Way Exhibits Brian Kangas Foulk will prepare a preliminary right-of-way exhibit, which will show the proposed acquisitions along with the existing improvements. This exhibit will show the fetH: three properties affected along with all improvements on the properties mapped by aerial methods. We will show the existing area of the properties, the square footage of the acquisition and remaining square footage of the properties. 2.4 Final Right-of-Way Plats and Descriptions . Based on the City of Dublin requirements, we will prepare legal descriptions and plats for the acquisition parcels. Our estimate assumes one take parcel per the ~ three affected parcels. 2.5 Meetings Brian Kangas Foulk has also budgeted time for meeting with the City of Dublin representatives and appraisers Task 3. Environmental Review We have budgeted twelve hours of time to assist the City of Dublin staff with the environrnental review and preparation of the environmental document. Task 4. Preliminary Design (25% to 65% Complete) 4.1 Improvement Plan Base Sheets Brian Kangas Foulk will prepare improvement plan base sheets to be disturbed to the . project sub-consultants including; Robert Gray and Associates and David Gates and Associates and Kleinw}der to prepare conceptual landscape, street lighting and signing Page 2 of9 . . . Brian Kangas Foulk Engineers.Surveyors.Planners " ~ -- Dublin Boulevard Widening Doughertv Road to Scarlett Drive Scope of \Vork and striping plans. The base sheets will consist of survey topography, boundaries and proposed curb, gutter and median. alignments along with the location of proposed drainage and traffic structures. 4.2 Soils Report (Excludedfrom Scope of Work per City of Dublin) KleiHf'<€ls@r ',','ill flFeflarl;l B. s€lil iR':f:lsti;atisR reE'sR USiR; tHe rl;lSyltE frsffi tHi:1ir flH":i0HS in','0sti;atisn €lf C'u@lin Il€.mk.'afs (file Ns, 1Q 3QQl gg,'GG?) preflafes :sr .^Jamda C€lMRtj' f€lr tlHl Stregt 1rnfr€l'..gmllRt PlaRs [Sf fll3rtisR sf DubliR Il€lHk:ad, _^~ffi€llQ R13a8 aRB HaBiiHula I:'ri'''ll, Kleinkll€hu flrsfl€lS8G t€l B€lRB~:Hlt a fishl iR':Bsti.;atisRG aRg e€llleet mufase S€lil sam}!le8 ff13m tRil Bl~pI3E€.H;l EElwtRBm frl3Rta;e alElR'; I:'YBliR Ih"Ylo':ara. THil ssil sam-fIlls '?'ill tHllH @e liSSG tEl aetermiRil :R€ (R) ':a1H8 Elf GHB ;rage Syrf8.Bl;l f8r 8.Bsi';R rZ€l8m.HH)Rdati~Hl. g: tHe Rl;l':" pa...emBnt seBt:€HL P.eslilts frsm tRe tllstiR'; sf g€lll@f:ltl;lQ soil S8.mflBs alI3H'; ',','itH E'Fil','iIiHIS resHlt s@taiHl;lB €lR C'lil3liH Il€lyIQ'''afd ',':ill als€l @e usee t8 pf8J3f1fe aH @R;inileriH'; rilflo!.: ooa s':alliatisR, iReluaiR'; 8ilsi~ r€lBI3F.ffiiR€R8.ati@RS fJr tkil Pf@jBBt iFRf9r€l','ilmeRts f€lr tRe DHSliR Il€lHk:ara '\VieleRiR';. YJeiHfelgilr ',':ill also re':ie:,': the imprs','zmBRt fll8.RG pFi€lr tEl tss iSSH8.FHHJ €lf l3ieleliR'; tEl assure tHat tHe fileRS ha':e BeeR flr€lflai"€le. in aB€l€lfS8.Hill;l ',':its tR€lir FOB€lmm€lRs8.tisHs aRB atteR8. ani' ml;ll;ltiR';S ',':its tRe Citj' @:DEieliH f€l,;afsiR'; tS8 pf~paFBs reflert. 4.3 Conceptual Landscape Plans David Gates and Associates will prepare schematic landscape plan, showing the general concept of the landscape architectural design in relationship to adjacent uses and coordinate with other team consulta~ts regarding lighting and utility locations. ~ GatBS aRe. _^6~GEll;liatf:lc R.a~ BMS';iltilS tiFfle fer SRe FR@Btin,; '(:ita tR8 Citj' €lf C'usliR Gte.ff to fe\'ie:?: sn tRS pFolimiRRfj' lan88ilf}f€l flIans. 4.4 Conceptual Street Lighting Plan Robert Gray and Associates will prepare a preliminary street lighting plans for the six hundred feet (600) of landscaped median to be installed along Dublin Boulevard 2SD-feet east of Dougherty Road, consistent with the City of Dublin design standards. 4.5 Conceptual Striping Plans Brian Kangas Foulk will prepare the preliminary pavement delineation plans extending six-lanes of travel way from the proposed Dublin Boulevard extension project to the east, at Scarlett Drive to Dougherty Road. Page 3 of9 Brian Kangas Foulk Engineers. Surveyors. Planners ? -- , / ,--r- Dublin Boulevard Widening Doughertv Road to Scarlett Drive . Scope of Work 4.6 Preliminary Improvement Plans Preliminary improvement plan drawings wil,l include plan and profile of the proposed curb and median alignments, grades, limit 'of grading and the location of new drainage facilities along the portion of Dublin Boulevard to be widened. Conceptual landscaping and street lighting plans will be included, detailing improvements from Dougherty Road to Scarlett Drive. Striping plans will extend from Dougherty Road to Iron Horse Parkway, The Improvement Plans will conform to geometric layout plan detailed on Street Improvement Plans for Portion of Dublin Boulevard, Arnold Road and Hacienda Drive and the City of Dublin's Precise Plans. Brian Kangas Foulk will prepare Construction documents utilizing AutoCAD version 14 generated base sheets. The preliminary improvement plans will consist of approximately 4-& 16 sheets as listed below. Tittle Sheet General Notes One Sheet Construction Control at 200-scale One Sheet of Typical Cross-Sections at 10-scale One Sheet Paving Plan at 200-scale Two Sheets of Plan & Profiles at 40-scale Three Sheets of Signing & Striping Plans at 40-scale One Sheet of Landscaping Plans at 40 scale Three Sheets of Street Lighting Plans at 40 scale Two Sheets of Construction Utility Details . David Gates and Associates and Robert Gray & Associates will prepare the additional sheets for Landscaping, Street Lighting Plans, to be coordinated with Brian Kangas Foulk:. 4.7 Preliminary Estimate of Probable Costs Brian Kangas Foulk: will prepare one Engineer's Estimate of Probable Costs based on the preliminary improvement plans submitted to the City of Dublin. 4.8 Meetings Brian Kangas Foulk has budgeted eight hours for meetings with the City of Dublin and their traffic consultant for preliminary design coordination and project scheduling. In addition, eight hours of meeting time has been allotted to present the preliminary improvement plans to the City of Dublin. . Page 4 of9 . . . Brian Kangas Foulk Engineers.Surveyors.planners 'l ,- .. ,I"- ._- Dublin Boulevard Widening Doughertv Road to Scarlett Drive Scope of Work Deliverables: 4 Bond copies of the 25% Preliminary Improvement Plans, S@il Rep@rt, and Preliminary Engineers Estimate of Probable Costs, Task 5. Final Design (95% Complete) 5.1 Landscape and Irrigation Construction Documents David Gates and Associates will revise their landscape plans based on City of Dublin review of the preliminary planting plans. Final planting and irrigation plans will detail the layout of landscaped and hardscaped areas within the proposed median. Irrigation plans and details including accommodation for recycled water will also be included along with planting and irrigation specifications using the standard C.S.I. format. David Gates and Associates efforts will include the calculation of the water budget requirements associated with their design per local and state code, flfef]aratisFl. sf aSSeFl.Sli, BSEl1.>HR€Flt elarifi€lati8Fls, aUi:HHiaH€le at fir€! 8SFlstfUBtisFl. @SFl.filfilRi:H,1 liRe asCist8.RBi:l iFl tRil i:l':ahiliti€lHS o:tHe l3igs,.\ r~pFes(JRtati':@ sfI's::i8 GaH~5 aRB .".ss(niates sHall mal:Q dm:e (:) site ':isits ts tHe site 8liriH'; e13R5tmeti€lH t€l aS€l€lrtaiR if tRi:l 19.Has@ape .::srI: is geRerall::/ flf8il@@eliR'; iR e8Flf@fmSH@e ',l:itH ta8 s.ra'1:iR';s a:1d SpiHJifii:lsti€lHS. THe Citj' Baall Be iRf8fl'RiHi €If tR2 p:-S';F@SS aRS €llialitj' €If tRe ',vorl:, C8RStFlWtioR aemiFli5tratisR ailti':itiss pf€l':i@(Jd l?y Da'.'is Cates aRg .'\ssseiates ,..:ill 8Fl8smpass tHe plf@flafatiBR €lf pliR€lR lists, re':ie'1: sf SUBmittals 8.flg tRi:J preparatisR, r€l':ie':: sf €lHaR';€! SfeBrs aRe €l€HmEHati€lR '::ita tRil eSRtffi€ltl3f aRB. Bi:Jsi;R team. T?:13 agsiti€ll~al lR€letiFl';s, at 8. JRa?:imlim €If f:€Jlif (1) a8wrs e8.efl, ,..:ith tR@ Citj' sf I'liBliR staff RS:.'€ seeR 8.@@81Hlti18 [@f t13 r€':ie',l: laRss€l8.]3€ aIui irri.;ati€lR e€lRstro€tisFl e@@wm@Rts. 5.2 Street Lighting and Electrical Serv~ce Plan Robert Gray and Associates will revise the street lighting plan for the six hundred feet (600) of landscaped median to be installed along Dublin Boulevard 250-feet east of Dougherty Road based on City of Dublin review of preliminary plans. Street lighting plans will also include plans for the remove and/or salvage of any existing street light on the south side of Dublin Boulevard just east of Scarlett Court. Robert Gray and Associates will also prepare irrigation control circuitry and expedite/coordinate the project with the utility companies. 5.3 Signing and Striping Plans Brian Kangas Foulk will revise pavement delineation plan based on City of Dublin review of the preliminary plans. Signing and striping plans will, include details for the modification of the westerly approach of Dublin Boulevard at Dougherty Road that will Page 5 of9 Brian Kangas Foulk Engineers.Surveyors.Planners .-- -/ .-" Dublin Boulevard Widening Doughertv Road to Scarlett Drive . Scope of Work require re-striping and modification of the existing traffic signal loops. The south side of Dublin Boulevard will need to be re-striped and signed to incorporate the newly widened section of Dublin Boulevard for three lanes of eastbound traffic, just east of Dougherty Road 2,450-feet, ,to DeMarcus Boulevard to match the Dublin Boulevard Extension pl~ns. The north side of Dublin Boulevard will also need to be re-striped and signed for three lanes of westbound traffic from 250-feet east of Dougherty Road, 3,450-feet east to Iron Horse Parkway. In addition the traffic loops at DeMarcus Boulevard will needed to be modified to conform to three lanes of westbound traffic. 5.4 Final Design and Preparation of Bid Documents (95% Complete) Brian Kangas Foulk will incorporate and revise the improvement plans per the City of Dublin review of preliminary improvement plans. Final plans will also include; construction control data sheet, cross-section at 50-foot stationing, erosion control plans, and updated landscaping, street lighting and traffic plans. The Improvement Plans will consist of approximately ~ 24 sheets as listed below. Tittle Sheet General Notes One Sheet Construction Control at 200-scale One Sheet of Typical Cross-Sections at 10-scale One Sheet Paving Plan at 200-scale Two Sheets of Plan & Profiles at 40-scale Two Sheets of Cross Section at 40-scale at 50-foot stations One Sheets of Storm Drainage Profiles at 40-scale Three sheets of Erosion/Sedimentation Control Plans at 40-scale Three Sheets of Signing & Striping Plans at 40-scale One Sheet of Landscaping Plans at 40 scale One Sheet of Irrigation Plans at 40-scale Three Sheets of Street Lighting Plans at 40 scale Three Sheets of Construction Utility Details . The contract documents shall conform to the standards and requirements of the City of Dublin, Dublin San Ramon Services District and Surplus Property Authority of Alameda County. ~.5 Etorm "~atBr PelIutioR PF@'l'BRtioR Plan (Eyrppp) . EriaR KaR';as FEll~dl~ '{:ill atlEist !hi! Citj' €If l)u13liR iR pn~p8fiR'; 8. Storm ,\,r atBr F€lIIuti€lR Pro':BRti@R FlaB (S'VPPP), Page 60f9 . . . Brian Kangas Foulk Engineers. Surveyors. Planners Dublin Boulevard Widening Dou2:hertv Road to Scarlett Drive Scope of Work 5.6 Estimate of Probable Costs Brian Kangas Foulk will revise and incorporate City of Dublin review comments of the preliminary improvements and prepare an Engineer's Estimate of Probable Costs based on final improvement plan design. 5.7 Meetings and Coordination . During the preparation and submittal of final construction documents, Brian Kangas Foulk has budgeted up to eight (8) hours of meeting time with the City of Dublin and an additional thirty six (36) hours for coordination efforts with other consultants and local reviewing agencies. This time excludes the attendance at public hearings or community meetings associated with the project. Items that will require coordination include: . Services for irrigation systems (Gates & Associates). . Resolution of landscape/utility and lighting conflicts (Gates & Associates, Robert Gray and Associates). . Design issues relating to adjacent projects (City of Dublin, Surplus Authority of Alameda County, Private Property Owners). Deliverables: 4 Bond copies of the 95% Preliminary Improvement Plans and Engineers Estimate of Probable Costs. 5.8 City Plan Check & Approval Process Engineering fees include coordination and reVISIons to the Improvement Plans, in response to City of Dublin and Dublin San Ramon Services District plan check comments. Brian Kangas Foulk has accounted for two (2) improvement plan resubmittals. Plan check comments beyond two (2) reviews and or revisions to the Improvement Plans that are a change in design or City policy are not included with in this scope and are considered additional services. Deliverables: 4 Bond copies and one mylar reproducible copy of the approved Improvement Plans, copy of the Improvement Plans in AutoCAD ver. 14 format, technical specification documents for inclusion in the City's standard bid package in Word 6.0 format and hard copy. Page 7 of9 Brian Kangas Foulk Engineers. Surveyors. Planners !. -"" ~ J " .' ,..... ~------ Dublin Boulevard Widening Dom~hertv Road to Scarlett Drive . Scope of Work 6.0 ADDITIONAL SERVICES In order to more accurately define our services, the following list contains items are specifically excluded from Exhibit A and if required, would be considered additional services 6.1 Construction Staking associated with the Improvement Plans. A proposal for construction staking services will be provided once the Improvement Plans are complete and the scope of work can be better defined. 6.2 Revisions to work or drawings which are substantially complete, provided that such revisions are not caused by the actions of Brian Kangas Foulk. 6.3 Preparation of any additional studies (Storm - Hydrology & Hydraulic, Traffic - Transportation, Utility Capacity Studies, etc.) that may be required during the, project approval process. . 6.4 Agency fees or deposits associated with permit processing, plan check review, recordation fees and additional permits required other than those specifically included. 6.5 Meeting time in excess of that outlined in the scope of services. 6.6 Photome.tric studies of street lighting plan, if required by the City. 6.7 Construction administration and support was not required in the RFP, we have assumed that the City of Dublin will provide this service. 6.8 Potholing of existing utility lines if required. The cost for one day of potholing activities is approximately $3,000 dollars per day (non-paved areas), in which time approximately 6-8 pothole can be completed. 6.9 Modification of existing Traffic signals other than those specifically mentioned with in this proposal. 6.10 Geotechnical Investigation or recommendations for confirmation of soils and/or . existing pavement conditions. Page 80f9 . . . Brian Kangas Foulk Engineers. Surveyors. Planners .... -';. '.' . ,.,- - -- " ~... ?--~ Dublin Boulevard Widening Doughertv Road to Scarlett Drive Scope of Work 6.1 I Preparation of NOI and SWPPP Document. 6.12 Preparation of median improvements associated with grading, landscaping and street lighting for Dublin between Scarlett Dri.ve and DeMarcus Boulevard. Additional work, if required, will be billed on a time and material basis in accordance with our current fee schedule. 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PERSONNEL ENGINEERING Senior Project Manager. Project Manager Senior Engineer Engineer I, II, III HOURLY R-\ TES $119,00 - $129.00 $ 108,00 $ 102.00 $ 72,00 -$ 83.00 - $ 94.00 PLANNING Project Manager Senior Planner Associate Planner Planning Assistant SURVEYING Project Manager Surveyor I, II, III Field Surveyor 2-Person Survey Party 3-Person Survey Party $ 108.00 $ 86.00 $ 75,00 $ 59.00- S108.00 $ 72.00 - $83.00 - $ 94,00 $ 94,00 $172,00 $ 208.00 - $249.00 DESIGN AND DRAFTING Technician I, II, III Drafter I, II, III, IV CONSTRUCTION ADMlNISTRATION Senior Construction Administrator Resident Engineer Field Engineer $ 70,00 - $ 76,00- $ 83.00 $ 54,00 - $ 60,00 - $66.00 - $ 72,00 . $ 119.00 - $129,00 $ 83,00 - $ 102,00 $ 72,00 - $ 83.00 - $ 94.00 SERVICES AND EXPENSES Project Assistant Clerical! Administrative Assistant Computer/Plotter Global Positioning System Receiver (each) $ 48,00 $41. 00 $9,00 $ 25.00 Principals' time on projects is chargeable at $140,00 ~ $170,00 per hour, Charges for outside services, equipment, and facilities not fwnished directly by Brian Kangas Foulk will be billed at cost plus 10%. Such charges may include, but shaH not be limited to printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance; transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at $0.33 per mile Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0,833% per month on past due accounts, Expert witnesslIitigation rates are available upon request. . K\FRONT_OF\Front Office WoIFORMSIBKFFEE99,doe 540 Price Avenue . Redwood City, CA 94063 · (650)482-6300 · FAX (650)482-6399 . . . .-" ~ ,- ,.,. " ;.. .,..-. EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant on a time-and-materials basis to an amoUnt not to exceed the total sum of ONE HUNDRED TWENTY-NINE THOUSAND EIGHT HUNDRED DOLLARS ($129,800) for services to be performed pursuant to this Agreement. Consultant shall submit invoices on a monthly basis based on the cost for services performed in accordance with the cost estimate of included in the Brian Kangas Foulk proposal dated February 5, 1999. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- five percent (25%) of the initial contract price, The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain ad~quate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin, Exhibit B Page 1 of 1 02/11/99 1. ; ~." .r. _____- .I ..~: :-" EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense,. including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 02/11/99 . . . . . . . ' r/ :' EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to contrql Consultant only insofar as the re~ults of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. 3. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability aiId Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: Exhibit D Page 1 of 5 02/11/99 I'? ~~~ · r: ::.- (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1 ,000,000 per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. ~. D. Other Insurance ProvIsions. The policies are to contain, or be endorsed to contain, the following provisions': (1) General Liability and Automobile Liability Coverages. . (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance rnaintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. . Exhibit D Page 2 of5 02/11/99 . /' / f:--". . ;..~:::,,-. f~-j , ..; . (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its 'officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City, (3) Professional Liability. Consultant shall carry professional liability insurance in an amOW1t deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (4) All Coverages. . Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, 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. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VIII. F . Verification of Covera!!e. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require comple~e, certified copies of all required insurance policies, at any time. ",;,.: H. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. . Exhibit D Page 3 of5 02/11/99 "I ,/ , ,~ ,:;-j .- ~ 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation . pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of . the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages, nature and description directly or indirectly to the extent arising from the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has-read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties . Exhibit D Page 4 of5 02/11/99 . . . .... ;- ~.'- -- .... produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 5 of5 02/11/99