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Home My WebLink About4.07 Dougherty Rd Improv Eng Svcs CITY CLERK File # D~[{i]~-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 1, 2007 SUBJECT: ATTACHMENTS: RECOMMENDATION: ~ FINANCIAL STATEMENT: Amendment No.2 to the Consulting Services Agreement with BKF Engineers for Additional Design, Construction Administration and Construction Staking Phases for the Dougherty Road Improvements - Houston Place to 1-580 Project Prepared by: Melissa Morton, Public Works Director 1) 2) 3) 4) Budget Change Form Resolution, together with Exhibit "A," Amendment No.2 Original Agreement dated September 7, 2004 Amendment No.1 dated May 16,2006 1) 2) Approve the Budget Change in the amount of $78,186; and Adopt the Resolution approving Amendment No.2 to the Consulting Services Agreement with BKF Engineers for Additional Design, Construction Administration and Construction Staking Phases for the Dougherty Road Improvements - Houston Place to 1-580 The original not-to-exceed contract amount was $449,446. The cost of Amendment No. 1 was $34,317, which brought the total contract amount to $483,763. The cost of Amendment No.2 is $78,186, which will bring the total not-to-exceed contract amount to $561,949. Consultant services for the Dougherty Road Improvements - Houston Place to 1-580 Capital Project are funded through Traffic Impact Fees (TIF). DESCRIPTION: The City of Dublin entered into a Consulting Services Agreement with BKF Engineers on September 7, 2004, for the design of street widening improvements at the COPY TO: BKF Engineers Page 1 of2 4.( ITEM NO. G:\CIP\Dougherty Rd Imp - Houston to I-580\BKF\Amend2 budget change\AS Amend2 BKF.doc ~ intersection of Dublin Boulevard and Dougherty Road In connection with the Dougherty Road Improvements - Houston Place to 1-580 Project. On May 16, 2006, Council approved Amendment No.1 and increased the original not-to-exceed contract by $34,317, which brought the total contract amount to $483,763. The increase was due to an expanded scope of work resulting from the Dublin Honda Dealership's revisions to the City's project plans. The revisions were funded by the property owner. The amended not-to-exceed contract amount of $483,763 has been reached, with work remaining in multiple phases ofthe project. Additional work is necessary to complete the design phase ofthe project. Some ofthe additional work not identified in the original 2004 contract includes revisions to the plans and specifications, coordination with adjacent developments, assistance with right of way maps, and deposition preparation. The estimated cost of this additional work is $34,147. Construction administration and construction staking phases have also been included in Amendment No. 2 in order to retain BKF Engineering's services during the construction period. Although the original Agreement with BKF included construction administration and construction staking phases, those services were utilized during the undergrounding of utilities at the Dublin Boulevard and Dougherty Road intersection. While the utility undergrounding was originally part of the intersection improvements, it was decided to complete the utility undergrounding prior to intersection improvements in order to minimize potential delays in the construction schedule. Consequently, construction administration and staking services by BKF were required to coordinate the undergrounding improvements with the intersection improvements. Additional surveys and staking for the eminent domain process were also completed under the original construction administration and staking budgets. The estimated cost for construction administration services is $20,349 and the estimated cost for construction staking during the project construction is $20,428. Also included in the amendment is $3,262 for reproduction and printing. The total increase for all three phases is $78,186. This increase in the not-to-exceed contract amount will be funded by Traffic Impact Fees. Staff recommends that the City Council: 1) Approve the Budget Change in the amount of $78,186; and 2) Adopt the Resolution approving Amendment No.2 to the Consulting Service Agreement with BKF Engineers for Additional Design, Construction Administration and Construction Staking Phases for Dougherty Road Improvements - Houston Place to 1-580. ~'1Ja.- CITY OF DUBLIN BUDGET CHANGE FORM \~ 35 CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: _X_From Unappropriated Reserves (If Other than General Fund, Fund No - 300 From New Revenues From Budgeted Contingent Reserve (10800-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other Name: Name: Dougherty Road Improvements Houston Place to 1-580 Account #: 300-96852-740-078 Name: $78,186 Account #: Name: Account #: Name: Account #: Name: Account #: Name: Account #: Name: Account #: Name; Account #: Name: Account #: Account #: ASD/Fin Mgr ~~~,.CE7 Signature Date: ~1t<JD REASON FOR BUDGET CHANGE ENTRY: Closing out the design phase has resulted in charges exceeding the current budget ($483,763) by $34,045.78. Additionally, the construction administration phase is estimated at $20,349 and the construction staking phase i~ estimated at $20,428. City Manager: -~o~J1 Signature Date: '-f!fJQu '/ , As approved at the City Council Meeting on: Date: Mayor: Date: Signature Posted By: Date: Signature G: ICIPIDougherty Rd Imp - Houston to I-580IBKFlAmend2 budget changelbudget change Amend2.doc 5-/-07 '-1-17 ATTAUHHENT I. v21J35 RESOLUTION NO. - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT NO.2 TO THE CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR ADDITIONAL DESIGN, CONSTRUCTION ADMINISTRATION AND CONSTRUCTION STAKING PHASES FOR THE DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 PROJECT WHEREAS, on September 7, 2004, the City Council of the 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 Project (Project); and WHEREAS, additional work in the Design Phase is necessary to revise plans and specifications and provide assistance in right of way acquisitions; and WHEREAS, Construction Administration and Construction Staking services during construction are necessary; and WHEREAS, BKF Engineers has submitted a fee estimate for the remaInIng tasks to be accomplished in the Design, Construction Administration and Construction Staking Phases, and the not- to-exceed amount to perform these tasks is $78,186; and WHEREAS, the work to complete the Design, Construction Administration and Construction Staking Phases exceeds the current contract amount ($483,763) by $78,186; and WHEREAS, the cost for these services will be funded by Traffic Impact Fees; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No.2 to the agreement with BKF Engineers for consulting services, attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Amendment. PASSED, APPROVED AND ADOPTED this 1st day of May, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:\CIP\Dougherty Rd Imp - Houston to I-580\BKF\Amend2 budget change\Reso Amend2.doc ATTAUDMIT Z · 31)35 EXHIBIT "A" OF RESOLUTION _-07 AMENDMENT NO.2 TO THE CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR ADDITIONAL DESIGN, CONSTRUCTION ADMINISTRATION AND CONSTRUCTION STAKING PHASES FOR 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 into 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, the City approved Amendment No.1 on May 16, 2006, to provide additional design within the public right of way for an adjacent development project; and WHEREAS, due to changes in the Project plans and specifications and additional work required to complete the Project design phase; and WHEREAS, these revisions and additional work necessitate an amendment to the original Scope of Services in order to complete the design of the City of Dublin's Project; and WHEREAS, the not-to-exceed contract amount is proposed to be increased to cover the cost of additional work for the 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 Summary of Fee & Hours by Task, 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 exceed an additional $78,186, bringing the total contract amount to $561,949. CITY OF DUBLIN: Mayor ATTEST: City Clerk G:\CIP\Dougherty Rd Imp - Houston to I-580\BKF\Amend2 budget change\Exhibit A to Reso.DOC EXIIIBIT A To the Resolution L-f1J35 SUMMARY OF FEES & HOURS BY TASK BKF Engineers 4780 Chabot Drive; Suite 104 Pleasanton, CA 94588 (925) 396-7700, Fax (925) 396-7799 Engineering Services for Dublin Blvd/Dougherty Road Intersection Realignment Task 1 Task 2 Construction Administration Construction Staking TASK Ratelhr Task 1 Task 2 BKF Subtotal PIC PM Eng III Eng II Eng I Tech $182 $ 148 $ 125 $ 111 $ 97 $ 109 $ 4 23 33 24 50 42 0 10 0 28 0 0 4 33 33 52 50 42 $728 $4 884 $4 125 $5,772 $4,850 $4 578 Draft Surv Total Cost 84 $ 220 Hours 0 0 176 $ 20,349 0 72 110 $ 20,428 0 72 286 $0 $15 840 $ 40 777 Reimbursable Expenses: Printing/Delivery Computer/Plotler 4.0% of professional fees 4.0% of professional fees $ $ 1.631 1,631 otal Reimbursable Expenses $ 3,262 Ad ItlOnal Work related to the Design Phase $ 34,147 Total Budget ~ 78,186 Leoend PIC PM Eng III Eng II Principal in Charge Project Manager Engineer III Engineer II Engl Draft Tech Surv Engineer I Drafter T eehnician (Engineering or Survey) Survey Field Crew Nofes: 1. It is assumed that there are no utility construction staking. 2. Staking of Striping, Lighting and Signals is excluded. 3. It is assumed that redline mark-up for as-built incorporation will be provided by the Contractor 4. It is assumed that one original Mylar set of as-built will prepared and provided to the City. 5. It is assumed one set of staking will be provided. Re-staking will be Time and Materials. 6. Additional work related to complete the Design Phase includes the following. - Project Management (Includes meeting attendance and team coordination) - Review and address Vali Cooper comments & Coordinate design comments with City - Perform supplemental field verification and investigation including underground utility, sidewalk, & driveway locations - Update the utility files based on field investigation & verification wI Undergrounding Plans - Check for utility conflicts and potential redesign of Storm Drain line - Modify Aerial Mapping to reflect onsite conditions - Revise Geometry per Traiee Project and new City Comments - Revise Signal Plans based on revised improvements - Revise Staging Plans based on revised improvements - Revise Signing and Striping Plans based on revised improvements (Includes incorporating Bike Lane Class 2 on Dublin Blvd & North Leg of Dougherty Rd) - Revise Civil Project Sheets to reflect revised improvements & Update City Construction Details - Address Restoration on Private Property - Prepare fuel tank alternatives and exhibits at Singh property - Update Project Specifications to reflect the revised improvements - Update Project Cost Estimate to reflect the revised improvements - Field Survey along Lip of Gutter at 25' interval around Tralee's Improvements - Striping Revision on Northbound Dougherty Rd north of Sierra Lane - Deposition for Singh Property K:\engOO\06OQ7\041807 Extrll-COnslruttion Support and Staking.XLS Page 1 EXHIBIT ~ to .f.k.. Ilmendm~Y-- Task 1 Construction Administration Task 1.1 Provide Design Clarifications of Plans and Specs Task 1.2 Review Shop Drawings for Conformance Task 1.3 Attend Meeting as Requested during Construction (Assume 3) Task 1.4 Provide Design Revisions to Existing Design Task 1.5 Update Drawings for Asbuilt Submission TASK PIC PM Eng III Eng II Engl Tech Draft Surv Tot Hrs Cost Task 1.1 6 12 8 27 $ 3,346 Task 1.2 4 8 8 10 31 $ 3,632 Task 1.3 6 3 9 $ 1,263 Task 1.4 1 3 6 8 12 10 .40 $ 4,518 Task 1.5 1 4 4 8 20 32 69 $ 7,590 Subtotal 4 23 33 24 50 42 0 0 176 $ 20.349 Task 2 Construction Staking Task 2.1 Rough Grade Staking Task 2.2 Stake Storm Drain Task 2.3 Stake Utility surface structures (in dudes City Monuments) Task 2.4 Stake Retaining Walls Task 2.5 Stake Curb Gutter & Median Curb TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 2 2 4 8 $ 1,398 Task 2.2 2 4 12 18 $ 3,380 Task 2.3 2 8 20 30 $ 5,584 Task 2.4 2 2 4 8 $ 1,398 Task 2.5 2 12 32 46 $ 8,668 Subtotal 10 28 72 110 $ 20,428 K:\engOO\06007\041807 Exlra..construct!on Support and Stllking.XLS Page 2 5~35 Primed4118120lJ7 .~. ~3~ CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BKF ENGINEERS THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("Gity") and BKF ENGINEERS ("Consultanf') as of September 7,2004. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2007, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assianment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Consultant shall not be responsible for delays beyond Consultant's reasonable control. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed 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 Consultanfs proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Consulting Services Agreement between City of Dublin and BKF Engineers August 17,2004 Page 1 of 13 AnAUIIHENT 3. ~ 1'6 ~/7 ,-< . ft " ~. 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, agentsl and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · . Clear numerical identification, with no duplication of numbering; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement. and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed, during the invoice period, under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; · The Consultant's signature. 2.2 Monthlv Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra. further; or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a property executed change order or amendment. " 2.4 Hourlv 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 August 17. 2004 Page 2 of 13 , ;. J <6 un 3~ .\ 2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.9 Rate Adjustments. Consultant will be entitled to an annual rate adjustment upon the flrst of the calendar year. The amount of said increase shall not exceed 5% per year. Section 3~ FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, flling 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 faclllty that may involve incurring any direct expense, including but not limited to computer,long..<Jistance 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, representativesl 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. Consulting Services Agreement between City of Dublin and BKF Engineers August 17, 2004 Page 3 of 13 .... ,,- . . ,/ Cf~3~ .j 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only If the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self.insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expensel shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. . 4.2.2 Minimum SCODe of coveraae. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 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 endorsement to the policy: Consulting Services Agreement between City of Dublin and BKF Engineers August .17,2004 Page 4 of 13 ." ...,J ". : \01) 3~ ... 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 speciallimitatlons on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims.made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called. upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liabilltv Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals perfonning 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 fonn: Consulting Services Agreement between City of Dublin and BKF Engineers August 17,2004 Page 5 of 13 .., . III . . Il~ 36 .~ a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Reauirements. 4.4.1 AcceDtabllitv of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraae. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall require all subcontractors to meet the insurance requirements stated herein. Each subconsultant shall furnish separate certificates and endorsements. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination thatthe coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise. fully protected. 4.4.5 Deductlbles and Self.lnsured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles Consulting Services Agreement between City of Dublin and BKF Engineers August 17, 2004 Page 6 of 13 '. .. J;)'~ 36' 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 Coveraae. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: . · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel approved by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against aoy and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors,.or agents, by acts for which they could be held strictly liable. The foregoing obligation of Consultant shall not apply when (1) the injuryl loss of life/damage to property, or violation of law arises. wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement. Consultant . acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Consulting Services Agreement between City of Dublin and BKF Engineers August17,2004 Page 7 of 13 .. . .. .. - /31J?6 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 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 to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No AQent. Except as City may specify in writinQI Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1" GoverninQ Law. The laws of the State of California shall govern this Agreement. 7.2 ComDllance with ADDlicable 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 subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to -practice their respective Consulting Services Agreement between City of Dublin and BKF Engineers August 17,2004 Page 8 of 13 '., . 1l.}1:>36 .. professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Eaual Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color. national origin, age, physical or mental handicap or disability, medical condition, marital status. sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract. or participant in, recipient of. or applicant fbr 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 (3D) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City. however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, . computer software, video and audio tapes, and other malerials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Consulting Services Agreement between City of Dublin and BKF Engineers August 17,2004 Page 9 of 13 , .. 151J~6 .. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assianment and Subcontractina. City and Consultant recognize and agree that this Agreement contempiates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Ootions 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 STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. .All reports, data, maps, models, charts, studies, surveys, photographs, memoranda. plans, studies, specifications, records, files, or any other documents or materials,. in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, Including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or .other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are Consulting Services Agreement between City of Dublin and BKF Engineers August 17,2004 Page 10 of 13 , '. ILP1}~ ..I confidential and wil/ 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 aI/ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Insoection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. At the City's option, under California Govemment Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement may be subject to the examination and audit of the State Auditor, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' Fees. If a party to this Agre~ment brings any action, including an action for declaratory relief, to enforce or Interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be enti~ed. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any prOVision of this Agreement is invalid, void, or unenforceable, the proVisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and 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 ., '. 111J3G " 10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest,. as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that WOLlld 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 ~1 090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, In addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code ~ 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally Of 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 administratof, 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 ." '"t" .' . , l'3 ~5' responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. 10.12 Intearation. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN e, Title) NA TAL.I,., A V. tlJ:) I frUNCJPAL ~ ",ce PltESU)6N-r Attest: Approved as to Form: Consulting Services Agreement between City of Dublin and BKF Engineers August 17,2004 Page 13 of 13 ., ~ - it ,. .: .. . EXHIBIT A SCOPE OF SERVICES A~36 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:\Engr~n1ract\zumwalt\agreement ~.doc Consulting Services Agreement between City of Dublin and BKF Engineers-Exhibit A August17,2004 Page 1 of 1 '. . ODtQ3ti .., .'; '" ,. 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. I. 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 terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the tenns of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. G :\Engr.c;ontracl\bld\agreement doughertywidenlng.doc Consulting Services Agreement between City of Dublin and BKF Engineers-Exhibit B August 17, 2004 Page 1 of 1 . , cP. ( 1J 36' ~ 1 ~ 1, ~ 'f *' 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 of the project is to widen Dublin Boulevard/Dougherty Road intersection by constructing additional through and turning lanes. Project limits on Dublin Boulevard will be from Dublin Court on the west to approximately 900 feet east of the Dublin Boulevard/Dougherty Road intersection. Project limits on Dougherty Road will be from Houston Place on the north to the 1-580 ramps on the south. City proposes to retain BKF Engineers to provide services related to and prepare the construction documents, consisting of plans, specifications and cost estimate, for the widening of the Dublin Boulevard! Dougherty Road intersection and the Dublin Boulevard and Dougherty Road street widening. The schedule for tasks 1 through 6 for the design phase of the Dublin Boulevard/Dougherty Road intersection improvement project will have a duration period of 13 months as shown in the attached schedule. The schedule for tasks 7 through 10 will take place as required by the City. CITY PROVIDED INFORMATION A summary of information that 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, etc. BKF WORK APPROACH Task 1: Project Management I Team Leadership Work in Task 1 will include monitoring and coordination of the project as described in the attached summary of fees. It is assumed that the design duration of the project will not exceed 14 months. l , ~ :. t " .1 , ,;) ;) 1JG .. Task 2: Preliminary Investigations I Preliminary Engineering In Task 2, BKF Engineers will collect necessary existing data for the development of the 35% contract documents. Field surveys will be conducted as needed for the project design. BKF will prepare Design Exceptions in accordance with Caltrans standards and the 35% project submittal which shall include plans and cross sections. Additional services to be performed in Task 2 shall be as described in the attached summary of fees. Task 3: Final PS&E -95% Submittal BKF Engineers for Task 3 shall perform the required design, as described in 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 the 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 5: 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 the 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 the vicinity of the 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 the 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 the work described in the attached summary of fees. ADDITIONAL RELATED SERVICES 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 the 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 Other items of work not described above may be added to the 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 in the attached estimated "Summary of Fees and Hours by Tasks" dated August 5, 2004. d-3 d() '35 Task 1 Task 2 Task 3 Tesk4 Task 5 Task 6 Taak 7 Taaka 'j ,;i t.\-1)3 1;) SUMMARY OF FEES &.HOURS BY TASK BKF Engl_.. 4780 ChabolDrivc; Suite 104 Pl-. CA 94588 (92S) 396-7700, Pax (925) 396-7799 Dale: August 5,2004 D.l>li1IJlJvd/DolIghertyll.d l"ttlWt:tiDlll"p~lIltlll PTflj<<t project ManagementITeBm le8del'9hlp Pl8llmlnery Inves1lgBllonsIPrullmlnary EnglnBBrtng Final PS&E - g5% Submittal Final PS&E -100% SubmlllBl Final PS&E RIght otway. Documanta CDIlstrucllon Admlnlstrallon Construcllon Slaking Ratelhr as Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task a B Subtotal BKF Subconsultants: RGA utlIity Consultants, Inc, (Lighting) Gelas & Associates (Landscaping & Irrigation) Biggs Cardosa & Associates (Relalning Wall Design) Subtotal esslOna rvoces 5 $ 13,946 $ 13,946 7 $7.500 $3.509 $10.000 446 Raimbulllable. Expenses: PrintinglDallvery ComputllrIPlollBr 4,0% ot professional fees 4.0% of professionel fees ota Imbu~b nsea EX1ra Work from Environmental Document Phase Task A - Ba.. Sheeta for Underground EIeclricaI Line Work Task B - Allowance for Relocation Study !&lw!lt PIC PM Englll Eng II na I Sarvlces o u el Principal In Charge Pro/eel Manager Engineer III Engineer II Engl Draft Tech SUIV Engineer I Orallar Technician (Engineering or Survey) Survey Field Craw ~Nfl111061'J&M'1o""~ fIMIId "11~ ..... 'I '" ] 51J?:5 Noto: 1,It Is assumed thaI theru a,. no .lnIctuflllelementsllll palf. oflhe project wfth the 'XC8ptlon of a n.w R.lslning Mila along eastbound Dub/In BIvd@ SE quadranland along southbound Dougherty R~d @ SW qUlldtant. 2. project Scops does not Include sllUctural cs1r:u/s1lons for TISff#c.S1gnal foundations. 3. Existing Impst1aJ aertsl topographic lIHYffy Ia suff1cl/lnl for PS&E work. 4. The CMy 10 provide Geotedrn/callnformalJon. 5. ReslDnJl/on of adjacenl propellls. 1$ not Included In the scope wfth the eJlC8ptio1! of dtivflway conform.. 5. project scope does not Includ. ISA Phase II. 7.Project scops .xcIud.s ReCOIfI of Survey. 8. Project scops Includes only drafting modiflcalJons 10 exJsI/ng Calttans NAD 83 based AppflllsBl Maps, RighI of Way Record Maps .nd Halfl Copy Maps, 9. Piojecl acopa a.sumes dfllwlngs '18 In AutoCAD and does nOllnclude conversions 10 MlcrDslslJon. 10.Caltrans 5111ge consttuction flIPOlts ,md fraff#c menagement plan.re nollnCluded In the project scopa. 11. It /$ flSSumed /hal Ca1lrans plsns sheets WIll ba Imperlsl based with melric .,," conversions. 12. The plVpal8l/on of /8/0Cll1/on plans for utHities not owned by C;tltrans or City _ excluded In the project scops. 13. Ca/lnJns Permanenl Treatment BMP Measullls and storm Watsr /AIls Repoff. conforming 10 C;tlttans requllements sre eXClUClSd from this Scops. 14. Project Spsr:lf1cations shsIJ be In Ca1lrans Stsndalfl Provisions format 15.Project scope excludes Ce1tlllns par/( and tide fscIl1ly land 1lImsfsr. 16, The dU181/on of the de$i9n phese of the projeClls "lIIumed to be 13 months. 17. It Is assumed thaI there will be 2 Caltrans subm~ (95% Submittal & 100% Submittal) and 1 final ,ncroschmflnt PSlmlt submittal (Fin., PS&E), 18, It I.s IlIIBumad thel Hwy 580 flImp modlficalions and mainline modifications are not required. 19, Any ",.Ii for pennl, Includin9 Ca/tr.lm. .nCtOachment Permits for engin.ering ..rvlces ms/l be borne by th. Client 20, It is IlBsumed thllt the tighl ofway WIll b. cJesrud of ell obsl1Uctions prior 10 th. commencem.nt of construction. K:~NlI11104 DubIft,........ -. ....... ....140001 Tuk 1 Task 1.1 Task 1.2 Task 1.3 Task 1.4 TlIllk 1.5 TlI8k 1,6 TASK Tesk 1.1 Task 1.2 Task 1,3 Task 1,4 Task 1.5 Task 1.6 Subtotal T.sk2 Ta.k 2,1 Task 2.2 Task 2,3 Task 2.4 TlIsk 2,5 Task 2.6 Task 2,7 Task 2.8 Task 2.9 lask2.10 TASK Task 2,1 Task 2.2 TlIsk 2.3 Task 2.4 Task 2.5 Task 2.6 Task 2,7 Task 2.8 Task 2.9 Task 2.10 Subtotal " '" PlOjectManlgamentITeam LNderahlp Prepa... and monitor progress schedule and budget Attend meetings with City (assume 6) Cocrdlnata. deslgn with tasm membera and consultants Cocrdinala with. underground design consultant for eleclrical underground WOft( SUJ)e/Vlse design development Organlza & (:()Ordinate design review. meetings willi City. &. Callrans PIC PM Enlllll Engll Eng I Tech Draft Surv Tot Hrs Cost 6 16 8 30 $4,002 5 5 10 $1,480 10 16 10 10 46 5,B6B 4 6 8 18 2,346 8 50 10 88 9,074 8 30 20 88 7.534 41 123 88 10 0 0 0 0 230 $30,304 Preliminary InveatlgatlonsIPrellmlnlry Engineering Collect 8I1d review available. data, as-buills, and reports Perform edditionallleld surveys lInd verily pavemem elevations at conforms Parform supplemental field investigations Check utility conflicts and potanllalrelocatlons Provide grades 8nd necessary InfonTIatlon to. PG&E for pole relocation and electrical underground work PreP\lre Oeslgn Exceptions (assumes that the... will be a maxinlum number Of 2 design exceptions) ReYlall precise. plan geomelly based on City Input Develop typical cross .sectlon&. grading desJgn, and drainage plan layout Prepare project cross sections every 25 feet based on 'nk 2.2 Submll35% design plans to City (TIlle Sheet, TypIcaI8,Layouts,Dralnage Plan & Cross Sections) PIC PM Enlllll Enllll Engl Tech .Draft SUI'Y TotHI'tI Cost 2 4 8 8 6 25 $2,557 6 8 36 8 24 82 $10.706 2 6 8 8 8 32 3,508 2 4 8 14 1,410 4 4 8 10 26 2,642 2 6 8 10 4 4 32 3,522 8 8 8 6 26 2,810 18 12 10 24 16 78 8.102 4 4 8 22 38 3,810 2 8 4 4 B 10 36 3,900 7 60 62 BB llO 52 6 24 389 $42.967 K:.~"11U0uaIIft,..,.,... -. z u 1J~C; ".... ""12004 Tuk3 . Task3,1 Task 3.2 Task 3.3 Task 3,4 Task 3.5 Task 3.6 Task 3.7 Task 3,8 T,lSk 3.9 T,lSk3,10 Tllsk3.11 Task 3,12 Tssk3,13 Tssk 3,14 Task 3,15 Task 3,16 Taak3,17 Tssk3.18 Task 3.19 Task 3.20 Task 321 Task 3,22 TASK Task 3.1 Task 3.2 Task 3.3 Task 3.4 Task 3,5 Task 3,8 Task 3,7 Task 3,8 Tssk 3,9 Taak 3,10 Tnk3,11 Task 3.12 Taak 3.13 Task 3.14 Task 3.16 Task 3,16 Task 3,17 Task 3,18 Task 3,19 Task 3,20 Tssk 3,21 Task 3,22 Subtolal ..~ .. Final PS&E . 85% Submittal Revi8a 35%. submltlal per City comments ModIfy base. sheets. wlIh supplementaliSurvey data Modify typical tlI1lS$ sectIoniS plan sheets & proJact omss sac1lons PI8IlBf& Illyout sheets ouIIInlng gsometI1o feetures Conftrm parldng lot Iayouta and requirements Perform turning analysis on purl<ino lot IBlreet clrculallon Prepare demollllon plans (Includes undergmund wor\() Detarmlne utIIIlIas III be. polholed. and develop utllty OCQupelion sheets Analyze hydrologic condlllons and prepare dl'llinage 081cs Prepere preliminary dl8inage analysis PllIpara dreinage. plan shHla Develop conslnlc1lon detal planiS Develop grading and profie sheets Prepare praliminary SWPPP plans ,Eroalon Control Plana & Pannanant BMPs Prepare. pavement denneallon plans PIlIp&ra slgnlnll plans Prapu/V stage conatruction and 1n1~ handling plan .heets Prepare traltic signal pians &. conductor and conduit schedule Plllpare Project Speclflcations Develop Quenllllas and ConstnJction Estimate Conduct Independent Quallty Control RevIeW Prepare Plans,detail$.08lculetioh8 for 95%. submittal PIC 4 PM Englll Engll Enal 8 6 10 12 4 6 8 4 6 4 10 2 4 10 12 2 4 8 6 2 4 4 6 10 16 2 2 2 4 2 16 8 4 12 6 8 6 16 6 8 10 16 4 6 8 14 8 8 10 14 6 6 10 10 2 4 6 4 24 28 36 22 8 44 52 18 18 12 12 8 12 10 12 10 6 4 142 204 190 212 Tech 14 -. Draft 10 10 8 16 12 6 4 8 10 8 8 6 6 16 8 4 146 10 10 6 6 8 8 8 8 4 18 54 150 Surv Tot Hrs Coat 64 $6.720 28 $2,870 32 $3,246 54 $5,240 18 $1,830 10 $1,110 54 $5,414 26 $2.702 26 $2,754 30 $3,438 44 $4,468 58 $5,798 48 $4,742 56 $5,696 46 $4,664 26 $2.614 150 $16,028 182 $18,820 52 $6,556 51 $5,381 12 $1.656 18 $2.186 0 1085 $113,933 )1116 PrIrMd&'1112OCM 2 4 6 8 10 1 2 4 41 K.~t11~DutlItt,.~ ~NlI11tlMlMIIft,."-4 .... . ~"'t1J2D04 ... ' l' , Co> .. ~..k . ,.pl< 8.1 ..ak 8.2 Tasl< 6.3 Task 6.4 Teak 6,5 i.al< 6.8 Tesl< 6,1 Taak 8.8 TASK .aI<6.1 Task 8.2 T.&k6.3 i.sk6.4 T.ak 8.5 Task 6.6 Task 6.1 T.al< 6.8 ~ constfllGtiOn StakinG Hori%PlIlal & VertiG8l Cofl\I'D' Und8llJlOUnd wo$-$Ull<e ~ht of Way .nd TCe U\'IdeIlJlOUnd Wo$-$Ulke Cut'll GUt\ef. &. Back of Wa"t< Slaka Rlght of W8'/. and TeE Staka 8\11III' Plain Slake UIlltY Re\llC.llOn 1IUrfaC& stnIelUres Stake R&t8\r11n9 wal\& Stake Cut'o Guttar &. B.ck of walk PIC pM Tech Plat\ 2 jI 2 4 2 12 2 4 2 2 2 8 2 2 2 12 0 18 0 46 0 0 0 .... , Lq ~~~ - , .. v ..- " ilo ,. 30 rIb3G , . DllbIin BlwVlHlIglNrty R4. -. U_rgrtJllnd EI<<trlcsl Lilla Tak A Bua S,,",* far Undal'llround EhoctrIcal Line Work TakA.1 Prepare Baa Mapa for Underground Electrical Linea Ta. A.2 Meet ~ review the. Base Mapa and layering TukA.3 Reville and Resubmit Base Map$ TASK PIC PM Ena III Enall Enol Tech Craft Surv Tot Hill Coat $163 $ 133 $ .112 $. ..99 $ 87 $. ..97 $ 94 $ 198 TaskA.1 2 4 6 6 18 $1,760 TaskA.2 2 2 $592 TaakA.3 1 4 4 $897 SubllllBl 2 6 0 0 4 10 1U 0 18 53,249 Reimbursable Expensll$: pmtlnglOelivery 4,0% of professional fees $ 130 ComputerlPlotter 4.0% of professional feas S 130 Sub~tal $ 280 Total Budaet $ 3609 Dubllll BlwVlHuglNrty R4. - ReIoctult", Sttuly Tuk B R8Ioc:aUon Study (Preliminary Studl.. fo.r Relocation of Busln...) Task B.1 Cavslop AIIemlllives (Max 3) Task B.2 Prepare area calculations for alt8maUves Taak B,3 Meetta review. alternatives Task B.4 Revise. prafemld allamallve TASK PIC PM Enalll Enall Ena I Tecl! Craft Surv Tot Hns COlli $183 $ . .133 5 .112 $ 99 $.. .87 $ .97 $.. 94 lL 198 Task B,1 2 4 16 12 8 42 $4,166 Task B.2 2 10 6 18 $1,718 Task B,3 . 2 2 4 $592 I Task B.4 2 6 6 4 18 $1.746 Subtotal 4 10 0 0 32 24 12 0 82 $8,222 Reimbursable Expanses: Prinlklg/Delivery 4,0% of profllSlllonal fees $. 329 ComputerlPtoller 4.00/. of professional fees $... 329 Subtotal 5 .658 ! , Subtotal Budoet s. 8.880 IAllowance amount $10,000 K~1"~ D,Mt,."..... p. , ~"1'12G04 : EXHIBIT "A" OF RESOLUTION ~-06 AMENDMENT TO AGREEMRNT BETWEEN CITY OF DUBlJN AND BKF ENGINEERS FOR ADDITIONAL DESIGN SERVICES FOR THE DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 PROJECT 3(71~ WHEREAS, the City of Duhlin (hereinafter referred to as "CITY") and BKF Engineers (hereinafter referred to as "CONSULT ANT"), entered into 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 III the improvements and legal right~of-way descriptions necessary as the result ofthe future Dublin Honda project; and WHEREAS~ these revisions necessitate an amendment to the original Scope of Services III order to complete the design of the City of Dublin's Project; and WHEREAS, the not-to-exceed contract amount is proposed to be increased to cover the cost of additional work for the 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 exceed an addHlonal $34,317, bringing the total contract amount to $483,763 ATT~~ City Clerk G:\CONSULTANTS\bkt'AMENP I dcsign1l51toU6.1XlC AnACDENT If. L~ B k f April 27, 2000 Lee Thompson ENGINEERS City of Dublin SURVEYORS Puhhc. 'Yorks Department 100 CJVJC Center PLANNERS Duhlin, CA 94568 321J5:7 Suhject: Extra Work for Duhlin Honda Off -Site Improvements Dear Mr Thomps<.m, ilKI' is pleased to present to you a proposal for the design modifications as required tn conform to the Dublin Honda Site Plan along the Dublin Boulevard frontage. The amount of effort for the desIgn modifications is described in the cnclosed "Summary of Fees and Hours hy Task" proposal. BKF proposes to prOVIde the extra work task as desl;rihed in the "Summary of Fees and Hours hy Task" for an estimated amount of $34,317 Should any additional scrvn;es be requested or required which are not included in our "Summary of Fees and Hours hy Task," these servu.:es wlH he coml1dered extra work and will require an amendment for approval and processing prior to executing any additional work task. We look forward to continue providing services to you on this project. Please contact me If you have any <.juestlOns or requIre additional information. 4780 l"habot Dr. Suite j04 Pleasanton California 94<;88-3,23 phone 92,.196.7700 fax 92<;.'196.7799 www.bkf,Lum SliM MARY OF FEES & HOllRS BY TASK 5t1;Jz? 47HIl t:hAh". !.>Jiv<:; Suite 1114 PJellianton. CA 94588 (925) 396-1700, Fax (923) 3\l6-77!1\l Engineerlnl Senrlusftlr Ull-Sit4lmpnlIIMlCltlsl,t I>U~/jH }//IIHda-PhtlSi! 1 Wtlrll' Task 1 TaSk Z Tll$~ 3 Project Coordination 100% Sullmillal Fll'ollJ PS&E A K Ratell'll as~ 1 TIiI$k:2 TIiI$~ 3 BKF Su btotal Reimbul'Sable Expenses: Printing/Delivery Computl!ltlPIOller 4.0% of professional flN!ls 4.0% of professional fMS $ $ 911 911 o 8. UrSa e e nlI8$ Task A - MOdify DUblinlDougherty Intersection Improvement Project seno ro sSlona IINI(;&& o u. ~ PIC PM Eng III Eng 11 PrinCipal in charge Project Manager Englnl!let III Engineer II Engl Oral! TIIch SUN Engineer I Df'ljller Technlcllln (Engineering Dr SI,IIVlity) Sl,Irvey Field Crew Notes: 1 It /s DSSLlmlld tll,f Ihere are no SIrUCIUfSI element$ liS part of this proisct. 2, Exi$ting irf'f)f'/fll /fIer/lIl tOpQgflilf)h'c ..ulVey is suffici9tlt for PS&E work. 3. RestOration of adjacent properties is not included In tile scope with the exception of driveway conforms, 4. Right of Wsy \KlfK /nclwes only mod/flell/ions to a maximum of 4 plat & If/gal descrJpliQns. 5. ThE! prepare/ion of re!oclllion pllin!l for ulilities not owned &V Clly Bre el(c/lJdlid in Ihe projeot soape. /I. The duration of the deaifln phase of the proJ<tCt Is lIssumed to t>Ii 4 months. 7 It is asSlHT1fid fhat thfJl"fl will be 2 Cily submittals (100% SlJomlttsl4o Final Submittal). 8. Irrigalkln. Lantl$(;ap;lIQ. Permanenl & Temporary Erosion Control, Slgninfl & Slriping and Stage COIlslruetlon Pllins are sxoluded from this scops af work. 9. Project Specificationa. Quantities & Estimate ilf'll QIIcludea from this sCQPE! OfWOlk. 10. Hydraulic Celculation 6\ All/ilysis firs excluded from this stope of worll. 11 Project SCQf)e Includes thE! frontalll! ImpmVliNTltmls atonrJ Dublin 8oul.vafd at thl! Ollolln Hands Sile. Scar/stt G(J/iltI implT;lve~n'!I ere limited 101M curb return I' the Intersection of Dublin Boulllvaftl. 12. Project scope tlO1t8 no! inc/udtl scnvey V;tlrlr. TalSk 1 Project Coordln.atlon 3 q,1J~ TaSk 1 1 Attend meetings with City (essume 5) Task 1.2 Coordinate dHign with City, Adjacent Designer llnd OeveloPer TASK PIC PM En91l1 Eng II Eng I Tech Draft SUlV Tot Hn; C05t Task 1 1 1 3 5 9 $ 1.201 TllSk 1.2 1 ~ 4 4 11 $ 1.363 Subtotal 2 5 9 4 0 0 0 0 .20 $ 2,564 Task Z 100% Submittal Task 2.1 Prepare title sheet Task 2.2 PrePilre typlC,1 CfQllS sections pil;ln sheels & prOJeCl cross secllOt1S Task :2,3 Prepare layout SIleel& outlining geometric features Task 2.4 Prepare demolition plans Task 2.5 Prepllfli! utillly occupation sh....l$ TllSk 2.8 Prepare oralnalile plan slleets Task 2.7 prepare construclion oetail plans Task 2.8 Develop grading and profile sheets Task 2.9 Modify Plllts & loe;:;!ls (A$sume 4) Task 2.10 C enauct Il\depl!lnclllnl Quality control reView Task 2.11 Prepare Plans.details,calculations for Final submittal T J\SK PIC PM !nQ III Enn II EnS I Tech Draft SUlV Tol Hn; Cesl Task 2,1 1 4 5 $ -536 Task 2.2 2 2 2 2 2 10 $ 1,014 Task 2.3 2 2 2 4 11 $ 1.131.'1 Task 2.4 2 2 04 9 $ 904 Task 2.5 2 2 2 6 $ 620 Task 2.6 1 2 2 04 9 $ 904 Task 2.7 1 2 2 4 EI 15 $ 1.470 Task 2,8 2 2 4 2 4 2 16 $ 1.71B Task 2.9 1 4 8 22 35 $ 4,035 Task 2,10 1 2 3 $ 459 Task 2,11 1 2 4 04 11 $ 1.247 Subto~1 3 14 23 34 16 16 24 0 130 $ 14.045 Task 3 Flflal PS&E Task 3.1 Revise 100% submittal p..r City review comments Task 3.2 Prepare Final PS&E Task 3.3 Conduct lndepenoenl quality control reVIew Task 3,4 Pac~age documents for !lId TASK PIC PM Eng III E;ng II Eng I Te!l~ Draft SUrI' Tot !-lIS Cf;lSt TaSk 3.1 1 4 6 4 6 6 2B $ 2,933 Task 3.2 2 2 4 4 6 6 24 $ 2,448 Task 3.3 2 2 $ 284 Task 3.4 2 2 4 S 492 Subtolal 7 6 10 e 14 12 0 !i6S 6,157 36 Dublin Bl.tlID""t:llertrJ Rd IntersutitJlt Improvement I'f'Ojec:t Task A ~dlfy PrOject Plana to Include Phll,e 1 86 Existing Conditions Task A.1 Modify projBGt plans Task A.2 Update project quantities and estim;ltfi! Task A.3 Incorporall!l City comments Task A.4 Conauc! Indepfi!ndent qU;l!lly control review TASK I PIC PM Englll Eng II Eng I Tech DrBfI survl T~I Cost Ralelllr $17!> $ 1!l2 S 120 $ 106 S 93 $ 104 $ 84 $ 236 HOun; TaskA.1 2 4 8 10 12 10 a 54 $ 5,766 Ta,k A.2 2 4 4 10 $ 1,072 Task A.3 1 1 2 2 2 8 $ 1133 Task A.4 1 2 3 $ 459 Subtotal " 9 10 10 16 16 10 0 7~ $ 6,230 llKF SUbCOO5ulhlnts: RGA Utility Consullants, Ine, (Lighting) $ 750 Gales B. Associates (Landscaping & Irrigation) $ 750 Subtotal :Ii l,lJUO Subtotal Budgel $ 9.730 . ~