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HomeMy WebLinkAbout4.18 I580Tassaj CCS Agmt2 CTTY CLERK FILE # 600-30 AGENDA STATEMENT CI'TY COUNCTL MEETZNG DATE: June 18, 2002 SUBJECT: Approval of Amendment No. 2 to Agreement with CCS Planning & Engineering, Inc., for additional Design/Construction Support Services of the I-580/Tassajara Road Interchange Improvements Report Prepared by: Lee S. Thompson, Public Vgorks Director ATTACHMENTS: 1) Budget Change Form 2) Resolution Amending Agreement 3) Original Agreement dated November 2, 1999 r.~l) Approve Budget Change i'~,, /~' 2) Adopt Resolution Approving Amendment No. 2 to CCS Planning & Engineering's Contract FINANCIAL STATEMENT: The amount of CCS's original agreement for the design of the 1-580/Tassajara Road Interchange Improvements was not to exceed $803,428. The cost is being paid by the developers with no financial impact to the City's General Fund. Amendment No. 1, approved by the Council on May 1, 2001, added $119,995 to CCS's contract to complete the project plans and specifications. Amendment No. 2 will add additional design and construction support activities for the interchange project in the amount of $81,366. Included in Amendment No. 2 is the landscaping design work associated with the Koll site development in the amount of $15,640, which monies have been deposited by Koll, and the remaining $65,726 will be paid With funds already advanced by the Eastern Dublin developers. There are adequate funds deposited to support this remaining amount and no additional funds are required at this time. A 5% contingency is being added to the $81,366 amendment to accommodate any unexpected future work. The total budget change being requested is $85,434. COPIES TO: Tom Wintch, CCS f~ ITEM NO. 4.~ g:\engr\ccs\agst_Tass Design Amend DESCRIPTION: In November 1999, the City contracted with CCS Planning & Engineering for the design of the 1-580/Tassajara Road Interchange Improvements. CC S has completed the project plans and specifications, and construction of the project is currently underway° Over the last few months, several design changes were identified based on additional comments received from Caltrans and the City of Pleasanton, and landscaping improvements requested by Koll Dublin Corporate Center along the northwest limits of the freeway. These improvements require additional engineering work to include: the incorporation of the third northbound lane on Tassajara Road within Caltrans right-of-way; asphalt concrete work not included in the original scope of work; signal phasing modification at the intersection of Santa Rita Road and Pimlico Drive; additional surveying/right-of-way engineering work to meet Caltrans requirements; the design of a box culvert connection with the proposed culvert northerly of the 1-580 freeway; pre-construction survey for the burrowing owl; and landscaping along the Koll Dublin Corporate Center property. On November 6, 2001, the City Council approved the funding agreement with Koll Dublin Corporate Center in the amount of $15,640 for design and $37,174 for installation of landscaping along the Koll property abutting the 1-580 freeway. In order to proceed with this additional work and acquire Caltrans' approval for construction, it is necessary to amend CCS's contract. Amendment No. 2 will add $81,366 to the contract to perform the design work, and the developers have agreed to fimd $65,726 with construction contingency funds. The remaining $15,640 has been paid by Koll Dublin Corporate Center per the November 6, 2001, agreement. Staff recommends that the City Council adopt the resolution approving Amendment No. 2 to CCS Planning & Engineering's contract and approve the Budget Change Page 2 CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # New Appropriations (City Council ApprOVal Required): Budget TransferS: From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000) (If Other than General Fund, Fund No - Within Same Department Activity X__ From New Revenues Between Departments (City Council Approval Required) Other Name: Name: 1-580fTassajara Road Interchange $85,454 Improvements (Contract Services) Account #: Account #: 300-96420-740-078 Name: '" Name: Account #: Account #: ~ame: "' Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: City Manager: Date: Signature Signature REASON FOR BUDGET CHANGE ENTRY: The budget change is required to perform additional wOrk per Amendment #2 of CCS Planning and Engineering contract. Mayor: Date: Signature Posted By: Date: Signature g:engr-contractlccs[tasslbudget ch# "' <~* ).' ~ ~.~ [,,~,~d~'~,%~ RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH CCS PLANNING & ENGINEERING, INC., FOR CONSULTING SERVICES 1-580/TASSAJARA ROAD INTERCHANGE IMPROVEMENTS DESIGN WHEREAS, on November 2, 1999, the City Council of the City of Dublin approved an agreement for consulting services with CCS Planning and Engineering, Inc., for the design of the 1-580/Tassajara Road Interchange Improvements; and WHEREAS, on May 1, 2001, the City Council of the City of Dublin approved Amendment No. 1 for additional design services; and WHEREAS, Caltrans has reviewed the project plans and specifications prepared by CCS and, based on Caltrans comments, CCS is required to perform additional design of the plans; and WHEREAS, on November 6, 2001, the City Council approved the funding agreement with Koll Dublin Corporate Center for the design and installation of landscaping along the Koll property abutting the 1-580 freeway; and WHEREAS, in order to proceed with this landscaping work and other design changes required by Caltrans, it is necessary to amend CCS's contract; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 2 to the agreement with CCS Planning and Engineering, Inc., to include additional services, as shown in "Exhibit A" attached hereto. BE IT FURTHER RESOLVED that the MayOr is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 18th day of June, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk EXHIBIT "A" OF RESOLUTION -02 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND CCS PLANNING AND ENGINEERING, INC. FOR ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and CCS Planning and Engineering, Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on November 2, 1999 to design the 1-580frassajara Road Interchange Improvements; and WHEREAS, the Scope of Work to be performed was amended on May 1, 2001 and is proposed to be extended; and WHEREAS, the not-to-exceed contract amount is proposed to be increased to cover the cost of the additional work; NOW, THEREFORE, the parties hereto agree as follows: Scope of Work The Scope of Work shall be extended to include additional scope of work as described in Consultant's letter dated March 11, 2002 for the 1-580/Tassajara Road Interchange Improvements Project (attached). Extension of Term The total cost for time-and-materials work under this amendment shall not exceed an additional $81,366. CITY OF DUBLIN Mayor ATTEST: City Clerk CCS PLANNING AND ENGINEERING, INC. Thomas M. Wintch Date: ~~ PLANNING AND ENGINEERING I N C: 0 R ? 0 ~ A T [ CCS ]~ro_iect #98J05 San Ramon, California 94583-162] ~.~ ~ 3 ~00~ nS/3J44220* F~ 925/314-1229 email: SRO~ccsoffice.com March 1], 2002 O CIg WORKS Mr. Kevin Van Katwyk Mr. Ferd Del Rosario Mr. Eric Cordoba City of Dublin Cig, of Dublin Cordoba Consulting, h~c. 100 Civic Plaza 100 Civic Plaza 5368 Laurel Drive Dublin, CA 94568 Dublin, CA 94568 Concord, CA 94521 Subject: I-$80/Tassajara Road Interchange Additional Scope of Work #2/Design Costs - Construction Support Gentlemen: As requested, the CCS Design Team has compiled the additional design activities required for completion of the contract plans and preparation of Contract Change Orders for the 1-580/Tassajara Road interchange project. All of the items listed on the attachments are items that were identified or requested during the 95% or 100% review of the PS&E. These additional activities represent design engineering, surveying / right-of-way engineering and construction support (Burrowing Owl Pre- construction Survey) effort that was not included in the original contract Scope of work for this project. Each additional engineering or surveying activity is described and a corresponding estimated construction cost and design cost is identified within the text of the "Additional Scope of Work #2" attachment. A cost breakdown by activity and team firm is presented on the accompanying spreadsheet. Eric Cordoba and I met and reviewed each activity and the corresponding design cost on February 22, 2002. As a result of that review, 2001/2002 hourly rates were reduced to reflect a 10% increase from our 1999 hourly rates included in the original contract, design costs were reduced slightly.and a subconsultant to perform a Burrowing Owl preconstruction survey was included in our request. After review of this amended request, I would be happy to answer any additional questions that may arise. Thank you for considering this extra work request. We look forward to working with you towards the successful completion of the 1-580/Tassajara Road interchange construction Sincerely, CCS Planning and Engineering, Inc. Thomas M. Wintch, PE, TE Attachment P:~91110$PKE~Admin-TassP$&E~Scoping,.Fees\Constmcfion SupponkA. ddifional Scope of Work #*-Desiv. n Co~;t~(B080'~ doc T R A N S P O R T A 'T I 0 N C r V I I I T City of Dublin ADDITIONAL SCOPE OF WORK #2 / DESIGN COSTS - CONSTRUCTION SUPPORT COST SUMMARY 3/8/2002 CCS STAFF CCS CCS TEAM - SUBCONSULTA2<r$. HQE Parlkh WRECO AA.M M&$ May ADDITIONAL ENGINEERING SERVICES Sub-Total - Additional Labor Cost ( $ ) ] $3,465 I $15,092 I $2~28~ { $7,623 I $2,640 ] $23,870 I $5,632 } $220 [ ] s60,830[ ] $504 [ $700 I $0 I St 100 I $2 550 ] $990 } $3 150 [ $4.536 I $5 590 I $996 I ~or~ AD~no~cosT- co~s~u~o~ STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at DUblin, California, as of November 2, 1999, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and CCS PLANNING AND ENGINEERING, INC. ("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, if no 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 s~d 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 this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organi~ati0n and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly idemified in the Consultant's proposal. 7..CHANGES'i": 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 mount 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. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project Agreement Page 1 of 2 10/25/99 team without prior written approval by the City. The Project Manager for Consultant shall be THOMAS M. WINTCH. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator Or his or designee. 10. NOTICES. Any written notice to conSultant shall be sent to: Tom Wintch, Project Manager CCS Planning and Engineering, Inc. 6 Crow Canyon Court San Ramon CA 94583-1621 Any written notice to City shall be sent to: Lee S. Thompson Director of Public. Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a murfi~ip/al corporation "Consultant" Approved as to form: City Attorney A~eement Page 2 of 2 09/27/99 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE 'PER PROPOSAL DATED SEPTEMBER 2, 1999, FROM CCS PLANNING AND ENGINEERING, INC. (ATTACHED). Exhibit A Page 1 of 1 09/27/99 · ~ ' : "- SEPTEMBER 2, 1999 1-580/Tassajara Road Interchange - PS&.E Scope of Work ' ., Page 1 of 16 1-580/Tassajara Road lnterchang'e ModificatiOn Project Final Design (PS&E) Scope of Work CCS Planning and Engineering, Inc. (conSultant) shall provide the following Scope of Work to the City of Dublin: General'Description of Work This scope of work shall provide for preparing construction bid documents including;, planS, general ... ; provisions, standard .special provisions (SSP's), and estimates for the. 1-580/Tassajara Road Interchange biodification Project (Project). Also included in this Scope of Work are Carious ' ~ construction support activities. 'Fne Project is generally defined as modifications to the. existing-interchange iacluding,-a-new ...... northbound bridge structure over 1-580, widening and reconstructing existing ramps, and widening and recons'a-ucting portions of Tassajara Road-Santa Rita Road, as defined and approved in the combined Project Study Report (PSR)/Project Report (PR). Ail Work will be administered under contract with the City of Dublin. However, the Construction Documents (PS&E).will be developed per .the requirements of the State Department of Transportation (CALTRANS) for all work within the State right-of-way. All work shall Conform to the design' standards and requirements and be subject to the oversight and approval of the appropriate governmental entities. This Scope of work assumes that the construction of the Project will be administered by the City of Dublin, with an Encroachment Permit from Galtrans for ail work within the State ri§ht-of-wa!;. Final design and the development of the bid documents shall be performed simultaneously with the development of the combined-PS1R/PR. It is assumed that the final aligranent and configuration of the Various elements of the Project will have been established prior to be~linning final design. Once final design has started, any changes to roadway alignments or configurations that result in significant lost work or .rework shall be considered as Extra Work for which a contract' budget amendment will be required. Work Included in this' Final Desi,~n Shall Be: · Development. of the final layouts .and concepts for the improvements. and modifications as defined and approved in the combined Project Study Report/Project Report (PSP-dPR}. · Replacement of the easterl!~ (northbound Tassajara Road) bridge over 1-580 with a new two span, three lane structure. This new northbound structure will ~e to the existing westerly (southbound) bridge with a closure pour to provide the appropriate lengeda of southbound left- turn lane to Pimlico Drive. The new easterly structure will span a 10-lane 1-580 with a widened median that will accommodate BART in the future. i ! I-~0]TasSajara Road Interchange - PS&E 'Scope of Work Page 2 Of 16 · An eastbound 1-580 auxiliar,3 lane between the 1-580/'rassajara Road-Santa Rita Road Interchange and the 1-580/Fallon Road-El Charro Road Interchange. · A westbound 1-580 auxiliary lane approximately 400m in advance of the westbound Tassajara Road two lane off-ramp. · The Project limit to the north is the conform to the Tassajara Road widaning projec~ (presently under construction) and the southerly limit is south of the Pimlico Road intersection. · Coordination with the staffs of the City of Dublin, City of Pleasanton, Caltrans, utility companies, regulatory agencies and with others as required. · Preparation of applications for Caltrans Encroachment Permits for City signature. · Preparation of Design Exception Fact Sheets as required and as appropriate. · Project Plans will be developed utilizing Microstation format. · Project specifications and special provisions will generally conform to the Cattrans format and as -' approved by the City. · Right-of-way activities will be limited to establishing the existing rights-of-way and preparing the descriptions and corresponding plats for three temporary construction easements (TCE's), one each in the northwest, northeast and southwest quadrants of the interchange. · Aerial topographic mapping to be used for the base plans was prepared in the PSR phase of this Project. No new aerial topographic mapping is included or provided for in this scope of work. - Site (ground) surveys wilt be conducted-as necessary to accurately tie down topographic · features, to provide for design cross-sections throughout the Project, at conforms, and to supplement the existing aerial topographic mapping. Design cross-sections will be developed at generally a twenty (20) meter spacing. Design cross-sections will not be part of the contract plans, but will be made available at time' of bidding. · A Materials Report will provide recommendations for pavement design, embankment placement and other appropriate issues. · A Geotechnical Design Report wi'il provide recommendations for any required retaining walls in the northeast and northwest quadrants and the signal pole foundations. · A Foundation Rep°rt'for the new bridge foundation design will be prepared. · -'A number of retaining walls may be required in this project, specifically in the northeast and northwest quadrants. It is assumed in this Scope of Work that these will be standard 'Caltrans retaining walls. · Design of City owned utilities (storm drainage, sanitar,3 sewer, lighting and water) is included in this scope of .work. However, the Consultant shall only review non-City owned utilities (gas, electric, telephone, cable, etc) and show them on the project utility plans for reference and , coordination only. This scope of work does' not include or provide for the design of non-Cit~ owned utilities. · Utilities will be potholed in accordance with the Caltrans "Manual on High & Low Risk Underground Facilities within Highway Rights-of-Way". The utilities at potholed locations will be field surveyed to determine the horizontal and vertical location of the' utility. For purposes of budgeting, 15 locations will be potholed. · A number of box culverts may be required in this project, specifically in the northeast and northwest quadrants. It is assumed in this Scope of Work that these will be standard Caltrans box culverts, requiring no special design. · The Consultant shall include the design of the traffic signal reconstruction at the intersections of Tassajara Road with the ramp termini (total of 2 locations). · - Ramp metering and TOS facilities will be included. Ramp meters are to be designed for only the westbound on-ramps that are being reconstructed. 1-580/Tassajara Road Interchange - PS&E Scope of Work . Page 3 of' 16 · Street/rOadway lighting shall be included at the intersections and for the ramp gore areas within ~ the Project limit~. ! · Replacement landscape and irrigation shall be included within the interchange' area and along i the auxiliary lanes where the existing landscaping will be disturbed by the construction. ! · Guidelines and requirements for a Storm Water Pollution Prevention Plan (SWPPP) will be · included in the Bid Documents. The construction contractor will be required to develop and gain approval for a Project specific SWPPP. Work Not Included in this Final Desi.qn (PS&E) ,SCope,,.,of Work · No additional hazardous material investigations will be performed beyond the Aerial Deposited Lead Investigations. · Additional Traffic Counts or Traffic Operational Studies. · Engineering or design associated with non-City or non-Caltrans owned utilities. ' · Design' of sound walls, wetlands and other environmental mitigations. · Special designed retaining w~!Is including Mechanically Stabilized Eaflh (MSE) wails. · The landscaping and irrigation plans.are part of the roadway plans and will not be a separate construction contract. · Improvements to downstream (Outside Project limits) drainage facilities. · Submittal to or review by Caltrans Headquarters. · Submittal of electronic (CADD) files to Caltrans for review. · Right-of-way appraisals, negotiations, acquisition deeds, or Caltrans appraisal maps. · Preparation of construction slope stake notes/information. · Engineering Services During Construction (ESDC). does not include field surveying and staking, construction inspection, construction management, 'and materials sampling and testing. Specific Description of Work The construction Bid Documents shall be prepared in accordance with the Caltrans' Guide for the. Submittal of Plans. Specifications, and Estimates, except as provided for in this-scope of work. ' The milestones which are described in detail in this section of the Scope of Work for Final PS&E are as follows: Milestone 1: Project Management Milestone 2: Preliminary PS&_E (35% Submittal) Milestone 3:. Interim PS&E (65% Submittal) ' Milestone 4: Draft PS&E (95% Submittal) Milestone 5: Final PS&E (100% Submittal) Milestone 6: Bidding Assistance and Engineering Services During Construction 1-580frassajara Road Interchange - PS&E Scope of Work Page 4 of 16 Milestone 1: Pro]ect Mana,qement Project Management involves settin!t up operations of the project team, internal and external coordination, supervision of the team, progress monitoring' and reporting. The anticipated elementS of this task are the following: 1.1 Project Control 1.1.1 Team Supervision. Consultant will supervise'the team, coordinatin§ and monitoring design for conformance with City of Dublin and Caltrans standards and policies. 1.1.£ Maintain Project Files. Project files will be set up and maintained in accordance with an approved filing system. 1.1.3 Prepare and Update Design Schedule/Work plan. Consultant will provide a design schedule and update as necessary. This will include developing a project work plan and cost to complete schedule that will be updated on an affreed upon basis. 1.1.4 Prepare Monthly t~rogress Reports. Monthly progress reports will be prepared in a form acceptable to the City of Dublin. 1.1.5 Perform QA/QC. Ail major project deliverables wilt be checked by project staff, and will receive quality reviews before being released to persons outside the team. Subconsultant Team Members are required to perform similar reviews before submittal of documentS to Consultant for fiarther processing. The budget for QA/QG tasks is included in the individual milestones. 12 Meetings The following meetings are anticipated for this project: · Monthly Progress' Meetings/Minutes - The duration of the PSR, E effort is approximately 8 months beyond the combined PSR/PR effort, consequently 8 Monthly Progress Meetings are an~ticipat.ed. · Project Development Team (PDT) Meetings/Minutes - The Project Development Team (PDT) was formed during the combined PSR/PR preparation phase of this project to act as a steering group during the course of the work. This same PDT will continue through the P.%gdE phase of this project. The Consultant will coordinate, participate and support the PDT efforts, providing agendas, study information, minutes, etc. AS previously mentioned, the duration of the PS&E effort is approximately 8 months beyond the combined PSR/PR effort, consequenfly 8 Monthly PDT Meetings are aniicipated. · Project Meetings - Technical meetings will be held among the Consultant Team, City of Dublin, City of Pleasanton and Caltrans staff as often as necessary to discuss issues and other items needing resolution. Meetings with other agencies 1-580/Tassajara Road Interchange - PS&E Scope of Work Page 5 of 16 and property owners will also be held as. needed. Meeting minutes will be provided for City review' and approval. · Utility Coordination Meetings - The Consultant will conduct and' attend meetings . with utility owners (including both private and city-owned) to determine existing utility locations, potential conflicts and possible relocations. If utility relocation is necessary, then further discussions will also include who will perform the engineering, compensation if any for the engineering of the relocation design, · and funding arrangements for the actual relocation. Dublin City Council Meetings - The Consultant will assist City staff in presenting this project to the Dublin City Council including preparation of exhibits. Milestone 2: Preliminarv P$ScE (35% Submittal) 2.1 Collect Addftfonal Data Preliminary investigations will involve the accumulation and review of all additional existing data and detailed field investigations to veri~ existing site conditions. Additional data that may be collected include: · Ex~sting Geotechnical Reports and Soil Logs Available hydrology and hydraulic information · As-builts 2 ~ Preliminary Geometrics Using information deVeloped for preparation of the combined PSP-,/PR, and the results and findings of the other preliminary investigations, the Consultant will continue to deVelop the proposed alignment alternative. 2.3 Perform Field Surveys The field surveys will c. onsist of the following: · Topographic features (areas under tree coverage, trees greater than 0.15m in diameter, fire hydrants, light standards, location of driveways and curb ramps, etc.) · Surface utility facilities (including inverts for accessible sanitary sewer manholes/inlets and valves for utilities) · Existing storm drainage systems (including inverts for accessible storm drain manholes and inlets) · Potholed utilities (in conformance with Caltrans "Manual on High and Low Risk Underground Facilities within Highway Rights of Way") · Conform areas at local streets and driveways · Cross sections at 20 m intervals 1-580/Ta..~ajara Road Interchange - PS&-~ Scope of Work Page 8 of 16 2.4 Prepare Preliminarp Drainage Report The Consultant will review and refin.e existing hydroio~ and hydraulic data/studies. After study of local drainage and overland flow conditions, the Consultant will conduct drainage and hydrological analysis, .and document such studies in the appropriate reports. The drainage areas of the project will be developed, inlet placement will be determined and pipe size will be designed. The drainage design will be developed to the point where impacts on geometric features, right-of-way, and bridge foundations can be ascertained. A preliminary Drainage Report will be prepared summarizing the above studies and preliminary plans. 2.5 Dete~;-~ine Utility Locations and Potential Relocation, If !Vecessarp Existing utility facilities will be identified by field review, through discussion with affected utility companies and pothollng, where necessary (potholing will be done in conformance with Caltrans "Manual on High and Low Risk Under~round Facilities Within Highway Rights of Way"). The location of existing utilities will be delineated on skeleton layouts with conflicts and necessary relocation identified. The plans will be forwarded to the City of Dublin and Caltrans for their review and comment. 2.6 Draft Geotechnical Design Report, Draft Materials Report, and Draft Foundation Report The Geotechnical Design Report, Materials Report and Foundation Report will require a field exploration and laboratory testing program. The City of Dublin and Caltrans will be consulted on the number and method of test borings required. Following the field'investigations, the Draft Geotechnical Design Report, Draft Materials Report and Draft Foundation Report will be prepared in accordance with Caltrans requirements including Test Method 130 and the Caltrans Bridge Design Aid. A Log of Test Borings (LOTB) will be prepared in the required DOS format for inclusion into the contract plans. The key geologic arid geotechnical issues affecting the design of the highway improvements are: , Embankment earthwork including the need for kepways and underdrainage · Groundwater · Subgrade support for the new embankments · Embankment settlement (construction period, surcharge or preload and lag time) · Embankment and cut slope stability · Stability of adjacent existing slopes · Foundation support of the new bridge structures, retaining walls and box culvert~ · Impact and appropriate mitigation to the adjacent bridge foundation .I-580frassajara Road Interchange - PS&J[ Scope of Work Page 7 of 16 The Materials Report will address the following: · Description of Terrain and Geology · Existing Facilities Structural SectiOns (Pavement Design) · Materials Available Recommended Materials Specifications The Geotechnical Design Report will address the following: Existing Facilities · Cuts and Excavations · Embankments · Earthwork Factors · Corrosion Investigation · Culvert, Retaining Wall and Embankment Foundations The Foundation Report Will address the following: · Existing Facilities · Bridge Foundation Requirements · Seismic Conditions 2.7 Aerial Lead investigation The' purpose of this effort is to evaluate whether aerial deposited lead ~ in the surface soil within the Project area. It is understood that the investigative results will be used to inform the construciion contractor of the presence of aerial lead soil deposits (if any) within the project boundaries for characterization and disposal. The results may further be utilized to determine the .applicability of the C. alifomia Department of Toxic Substances Control (DTSC) variance prepared for the reuse of aerial lead impacted soil within the State highway right-of-way. 2.8 Prepare 35% Roadway Plans 218.1 Refine Horizontal and Vertical Alignments. Additional refinements of the horizontal and vertical alignments will be necessary. All secondary horizontal curves such as pavement second edges, curb returns, tapers, etc. Will be calculated. The profiles will be adjusted to more accurately tie to the field surveys of the conform points. The superelevation diagrams will also be developed. 2.8.2 Prepare Conceptual Staged Construction Plans. Conceptual Staged Construction Plans will be prepared at 1:2000 scale to show the intended construction sequencing for the project. 1-580/Tassa]ara Road Interchange - PS&If Scope of Work Page 8 of 16 2.8.3 Prepare Conceptual Signal Plans. Conceptual signal plans will be prepared showing the conceptual layout of the signal standard, signal head and service point. 2.8.4 Prepare Preliminarg Design (35%) Pans. The following plan sheets will be prepared for this submittal: · Title Sheet · Typical Cross Section · Skeleton Layouts · · Profiles with Superelevations · Existing Utility Plans · Preliminary Utility Relocation Plans · Conceptual Staged Construction · Conceptual Signal Plans 2.9 Bridge General Plan and TyPe Selection Memo and Meeting 2.9.1 Bridge General Plan. Bridge General Plans will be prepared for each structure in accordance with Bridge Design Details Section 3 and Bridge Design Aids Section 10. 2.9,2 Preliminanj Quantities and Estimates. General Plan qUantity take-offs and construction cost estimates will be prepared. 2.9.3 Structure Type Selection Memo. The Consultant Team wilt prepare a Caltrans Structure Type Select/on Memo and vicinity map for each structure. Upon completion of this task, copies of the proposed General Plan, General Plan Estimate, Type Selection Memo and Viciniiy Map will be submitted for review prior to the Structure Type Selection meeting. 2.9.4 Structure Type Selection Meeting. Upon completion of initial review by Ca~trans DOS, a Type Selection Review meeting will be held in which the Consultant Team will be prepared to discuss and provide haformation on foundation requirements, seismic considerations, construction cost and other Pertinent information that is needed to determine the proper structure type. 2.9.5 Update and Finalize General Plan. Comments from the Type Selection Meeting will be incorporated into the Structure Type Selection Memo and .it will then be resubmitted to Caltrans DOS for approval. · 2.10 Review Right-of-Wall Information 2.10.1 Obtain EXisting Right-of-Way Mapping. Existing Right-of-Way mapping will be reviewed for current conditions and to provide a basis for development of updated right-of-way requirements. 2. I0.2 Review Right-of-Way with A~ected Agencies. The current project proposal and associated right-of-way requirements will be reviewed with affected 1-580/Tassajara Road Interchange - PS&E Scope of Work Page 9 of 16 agencies for applicability and to ascertain if any revisions, additions and/or deletions are required. 2.11 Perform Value Analysis. Value engineering techniques will be employed during this phase of the project to investigate' potential cost saving options. Traffic control issues, pavement structural section, and bridge/retaining wall lype selection are items for value analysis consideration. A report summarizing the Value Engineering effort will be prepared. " 2.12 Prepare Requests for Additiona! ExcePtions to Design Standards. An exception request, including fact sheets, will be prepared and processed through Caltrans as appropriate for any additional desi§n exceptions ~om mandatory or advisory standards that were not identified in the combined PSR/PR. 2.13 Determine Required Permits A list of potential permit requirements will be updated from the combined PSR/PR. Some potential permitting and/or approving agencies that may be involved are: · State Water Resources Control Board NPDES · Regional Water Quality Control Board NPDES ~_ · PUC Utility Relocation 2.14 Prepare Prelirninarp Construction Estimate' A preliminary construction estimate will be prepared consistent with the level of plan development. 2.15 Perfori-~ Qualit~ Assurance/Qualit~ Control Prior to the release of this submittal, all submittal documents will undergo the Consultant's intemal Quality A~urance/Quality Control review. 2.I6 Submit for City of Dublin, Caltrans and Agency Reviews The appropriate number of deliverables will be submitted to all reviewing agencies. Generally (but not in the case of all deliverables), the number of reports and plans will be submitted to the following agencies for review: AGENCY No. of Co~ies City of Dublin 3 City of Pleasanton 2 Caltrans 6 Zone 7. l BART 1 Total 13 copies 1-580/Tassajara Road Interchange - PS&E Scope of Work Page 10 of 16 Milestone 3 Interim P$&E (65% Submittal} 3.1 Preliminary Design Review Comment Resolution Review comments received from the City, Caltrans and other review agencies will be reviewed by the Consultant and incorporated in the plans, ff appropriate and as directed by the City. If necessary, a meeting to clarify or resolve the comments will be held and will result in a listing of those comments to be included in the plans, those comments that will not be included and those comments requiring further investigation. B~2 Prepare Draft Drainage Report - The Preliminary Drainage Report will be expanded to incorporate the 35% submittal comments and include backwater calculations, inlet capacity calculations, and other detailed hydraulic calculations in accordance with Caltmns standard practices and procedures. 3.3 Prepare Utilit~ Relocation Plans The Consultant will prepare the Utility Relocation Plans based upon discussions with the City on City-owned utilities and utili~ relocation plans provided bp' private utility companies, For non-City owned utilities, flue Consultant will show information provided bp' others on the plans for coordination purposes onlp'. 3.4 Prepare Final Geotechnical Desig~ Report, Materials. Report and Foundation Report' The Consultant will incorporate suggested revisions from the City and Caltrans review and prepare the final reports. B.5 Prepare Final Aerial Lead Investigation Report The Consultant will incorporate sug.qested revisions from the City and Cal~rvns review and prepare the final report. 3.6 Interim Submittal 3.6.1 Prepare Interim Submittal: Roadway Plans (65%). The typical list of design drawings may include the following: Title Sheet Pavement Elevations Typical Cross Sections Contour Grading Key Map and Line Index Drainage Plans, Profiles, Details Lap'outs Box Culvert Plans Profiles and Superelevation Existing Utility Plans Diagrams Utility Relocation Plans and Details Construction Details Stage Construction Plans 1-580/Tassa]ara Road Interchange - PS&E Scope of Work Page 11 of 16 Traffic Handling Plans Brid!te General Plans Sign Plans, Details Bridge Plans and Details Construction Area Signs Landscape/Irrigation Plans and Pavement Delineation Details Traffic Signal/Interconnect Plan Electrical & Roadway Ramp Metering/TVS Plans Lighting Plans, De~ik Retaining Wall Plans and Details 3.6.2 Develop Design Cross-Sections. Preliminary Design Cross-Sections will be developed typically on twenty (20) meter spacing for the Project ~oadways. The primary function for developing cross-sections will be to allow an accurate estimation-of contract earthwork and paving quantifies. 3.7 Prepare Unchecked Bridge Plans Unchecked Bridge Plans will be prepared for the Tassajara Road Overcrossing (easterly brid!ite) 3.8 Prepare Right-of-Way Maps 3.8.1 Prepare Right-of-Way Requirements Maps. The fight-of-way requirements, if any, will be delineated and submitted for review and approval by the City o[ Dublin and Caltrans. 3.8.2 Prepare Temporary Construction l~asement (TCE) F_.x]libits. Based on the results of Milestone 3.6, TCE exhibits will be prepared. Review comments will be incorporated into the exhibits for final approval. This Scope of Work assumes that no new right-of-way will be required for this project, other than the TCEs. 3.8.3 Prepare Record of Survey. A Record of Survey will be prepared and submitted for review and approved by the City of Dublin, Caltrans, and Alameda County. 3.9 Prepare Requests for Additional F.~ceptions to Design Standards An excepUon request, including fact sheets, will be prepared and processed through Caltrans, as appropriate, for any additional design exceptions from mandatory ~nd advisory standards that were not identified previously. 3.10 Prepare Draft Permit Applications permit Applications will be completed /or further review by ~the City of Dublin. Road Interchange - PS&E Scope of Work Page 12 of 16 3.11 Prepare Preliminar~ Quantities and Estimates The estimates for the various structures will be updated to reflect the improved level of design completion. No quantity tables will be prepared at this time. $.12 Outline of Special Provisions An outline of the unedited draft of the Standard Special Provisions will be prepared and submitted for review. 3.13 Perform Quality Assurance/Quality Control Prior to the release of this submittal, all submittal documents will undergo the Consultant's internal Quality Assurance/Quality Control review. 3.14 Perform Safety Review A safety review'of the Project and plans will be performed in association with the City and Caltrans. Notes of the safety review will be prepared by the Consultant. $.15 Submit for City of Dublin, Caltrans and Agency Review Accompanying this submittal will be our responses to the review comments received on the previous submittal. Quality assurance/quality control will be performed on all deIiverables before submittal to the City of Dublin, Caltrans, or local agencies for review. AGENCY No. of Copies City of Dublin 3 City of Pleasanton 3 Caltrans - 10 Zone 7 1 BART 1 Total 18 copies Milestone 4: Dra[t PS&E ( 95% Submittal) 4.1 Resolve Milestone 3 Beview Comments Review comments received /rom the City, Caltrans and other review agencies will be reviewed by the Consultant and incorporated into the plans, ii appropriate and as directed by the City. If necessary, a meeting to clari/y or resolve the comments will be held and will result in a listing of those comments to be included in the plans, those comments that will not be included and those comments requiring further 'investigation. 1-580/T~ssajara Road Interchange - PSgrE Scope of Work Page 13 of 16 4.2 l:inalize Technical Reports All technical reports will be updated and finalized. Ali report review comments will be resolved and included as appropriate and all new or revised information developed during the design will be incorporated. 4.3 Provide Signal Timing Plans The Consultant will provide signal timing plans for the two new signal -modifications. Based upon the AM and PM peak hour turning 'movement counts, the Consultant will prepare the signal timing and signal iiming cards. 4.4 Independent Structures Check IndePendent design, details and quantity, checks of the bridge plans will be prepared in accordance with Caltrans requirements. 4.5 IncOrporate Comments and Finalize Plans All resolved and agreed upon comments 'from Milestone 3 reviews will be incorporated. All roadway and bridge plans and details will be brought to a 100% level of completion. Compatibility between the roadway and structure plans will be verified. 4.6 Finalize Permits All permit applications required by the design will be updated and finalized. All review comments will be resolved and' included as appropriate and new or revised information developed during the design will be incorporated. The permit applications will be submitted to the City of-Dublin for signature as the project sponsor. 4; 7 prepare P'rojec~ SWPPP Guidelines and Requirements The guidelines and requirements for the Project SWPPP will be developed and included in the Project Special Provisions. It will be the construction contractor's responsibility to develop an approved Project Specific SWPPP per the guidelines and requirements. 4.8 Finalize Quantities and Estimates; Prepare Construction Schedule The quantities and construction cost estimates will be updated. The Caltrans marginal estimate will be prepared for the bridge. Included in this task will be .the updating and finalization of the Project contract quantities and corresponding construction estimate (BEES format) and the development of a Construction Schedule. 1-580/Tassajara Road Interchange - PS~K Scope of Work Page 14 of 16 4.9 Prepare Draft Special Provisions The Consultant will complete the Draft Special Provisions. Draft Special Provisions will be prepared for all items, by incorporating all agreed upon comments and additional Specifications that may be necessary. Ali contract bid items will be covered by measurement and pay clauses. This will also include the' lane closure charts and the estimated working days of construction. 4.I0 Finalize the Riilht-of-WaY. Documents All review comments will be resolved and included, as appropriate and approved by the City, and all new or revised information developed during design will be incorporated. The Draft Right-of-Way Certification will be prepared. 4.11 Perform Quality Assurance/Quality Control A quality aSSurance/quality control check will be made prior to release/or submittal. 4.12 Submit for City of Dublin, Caltrans and Agenc~ Review The complete set of plans, Special provisions, quantities, construction cost estimate, and appropriate final technical reports will be submitted to the City of Dublin and Caltrans and other reviewing agencies for their review and . comment. AGENCY No. of Copies City of Dublin 3 City of Pleasanton 3 Calms 10 Zone 7 1 BART 1 Total ' 18 copies Milestone 5: Final PS&E (lO0%-$ubmittal) 5.1 Resolve Milestone 4 Review Comments Review comments received from the City, Caltrans and other review a§enci~ will be reviewed by the Consultant and incorporated in the plans, if appropriate and as directed by the City. If necessan2, a meeting to clarify or resolve the comments be held. t-580/Tassa]ara Road Interchange - PS&E Scope of Work Page 15 of 16 5.2 Incorporate Milestone 4 Comments and Finalize PS~ Ali resolved and aflreed upon review comments as directed by the City of Dublin will be incorporated into the plans and special provisions, and design documents will be updated as 'necessary. The final roadway and structure plans, specifications, and Engineer's estimate will be combined into a set of bid documents. . ' $.3 Finalize Design Cross-Sections. Design cro~-se, ctions shall not be a part of the bid documents, but shall be available at the time of bidding to assist prospective bidders in determining construction quantifies. Preparation of construction survey notes (slope stakin!t notes) is not included in the Final Design Scope of Work. 5.4 Perform Quality Assurance/Quality Control A quality assurance/quality control check will be made priOr to release, for submittal. 5.5 Submit PS&E to City of Dublin, Caltrans and Agency Review The Final PS&E will be submitted to the City of Dublin, Caltrans and the appropriate agencies for review. The Final PSSdE submittal is considered to be a verification of responses to previous comments. Any comments, other than- minor editing, that result in new or rework will be considered as Extra Work. AGENCY No. of Co~ies ' City of Dublin. 3 City of Pleasanton 3 Caltrans I0 Zone 7 I BART 1 Total 18 .copies 5.6 Submit Encroachment Permit Application The Consultant will incorporate all the City of Dublin, Caltrans and impacted agencies' review comments. The Consultant shall prepare the Caltrans Encroachment Permit Application, including all required attachments, for signature by the City of Dublin. 1-580/Tassajara Road Interchange - Pe-~F~E ,~ope of Work Page 16 of 16 Milestone '6: Bidding Assistance and Engineering Services During Construction Engineering Services during 'Construction will include assistance during the bidding Process, assistance in responding to Requests for Information (RFI), reviewing Contract Change Orders (CCOs), etc. The effort for this work is considered an estimate only and may need to be adjusted as the contract bid, award and construction proceeds and the level of assistance desired is defined by the City. 6.1 Bidding Assistance . . _ The CCS Tear~n will assist the City by providing clarifications on the plans, providing responses to bidder's inquiries, preparing contract bid addenda (if any), evaluating the construction bids for conformance to the City's polices and procedures and assisting with other activities as requested bi] the City. 6.2 Construction Assistance Construction assistance may include the following tasks: · Respond to RFIs · Evaluate CCOs · Provide supplemental design services as proposed by the contractor and requested by the City. · Review and approval of contractor material submittals. 6.3 Attend Construction Meetings The CCS Team will attend a pre-construction meeting and construction coordination meetings as scheduled and as needed. It is assumed that this project will be constructed over an 18 month time frame. For budgeting purposes, it is assumed that the CCS team will be involved in approximately one-half of these meetings. 6.4 Prepare Construction Record Drawings The C-O_,S Te~m will prepare Construction Record Drawings based upon information and mark-ups provided by the City. A check set of the Construction Record Drawings will be submitted to the City for their review and approval. Upon approval of the Construction Record Drawings, the CCS Team will provide the City with a set of reproducibles. 6.5 Perform Quality Assurance/Quality Control A quality assurance/quality.control check will be made prior to release for submittal. EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant an mount not to exceed the total sum of EIGHT HUNDRED THREE THOUSAND FOUR HUNDRED TWENTY EIGHT DOLLARS ($803,428) for services to be performed pursuant to this Agreement. Consultant shall submit invoices monthly based on the cost for services performed in accordance with the Exhibit "A" cost estimate. 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 ail claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page I of 1 09/28/99 EXHIBIT C City shall famish 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 09/27/99 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At ali limes 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 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 reasonab, ly 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 and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG OOOl). (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. Exhibit D Page 1 of 5 09/27/99 B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (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 polic!es 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 maintained by the City, its officers, officials~ employees or volunteers shall be excess of the Consultant's insurance and shalI 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 of 5 09/27/99 (d). The Consultant's insurance shall apply separately to each insm'ed against whom claim is mdc 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 amount 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) Ail Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limit-q except after thirty (30) days prior.written notice by certified mail, remm 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 complete, 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 C,ity 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 of 5 " 09/27/99 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 personneI 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 accordin, g 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 na ~ture 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 of every kind, nature and description directly or.indirectly 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. Appr°val of the insurance contracts does not relieve the Consultant or subconsuitants l~om 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. DOC.UMENTS. Ail 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 terminafon oftbe Agreement,. No such materials or properties Exhibit D Page 4 of 5 09/27/99 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. Ex. bit D Page 5 of 5 09/27/99 1.680rrAsSAJARA ROAD INTERCHANGE ccs 98105 PLANS, SPECS AND ESTIMATE W~P__L~N & FEE.P_~OP_~SAI. 'CC$ PLANNING AND E~iNEERING ' HQE ....... Ralt ($~} tl50.~ i140,~ ,:,~ ~aO ~Se2.O0 Seo.o0 I45.~ $120.00 StO0.o0 Se5.~ ;66.00 SSO.OO SERVICES ......... Team$~sm 32 ' t6 48 $ 5.520 MelnfelnP~lF~a 8 ........ 16 8 32 ~pe~ end ~ete Oes~n Sch~u~ Pl~ Mon~ P~mSa M~ngs. ~sume 8 meeEngs t6' 16 ~ ~ ' 4; ~ '4~ ' · ' ~ I-~80/TASsAJARA ROAD INTERCHANGE cos 98105 PLANS, SPECKS AND ESTIMATE .W_D..~.N & FEE PROPO,,S. AL ....... cC~ PL, AI4NING AN.~ ~[NGINEERING .... I'JQE I 2~ 12 Subtotal 30 40 354 16 5~ 416 228 t~ 'Si 14~ 100 1532 ~.~ ~ "" -' ~'-' · - ' --~ ''' 8 24 30 '' 12 74 ~ 7,920 4.7 ...... · ' - -- ~equ~menr~ 8 2 8 1~ ' ' 34 S 3.420 ~ · ' ' -~-' - - :~ '" ~ s , , ' ...... ~t;t ~.o~' 5 FI~al PS&E(100%$uDmI~al) .... "' 5. t ~Res~eMl~s~e4Rev~commenfs "8 24 12;' ' .... 12 ~ $ 6.480 5.2 ]~h~feMges~e4~mmenbendF~agzeP~' 8 8 .60 ...... 10~! 7~ 6 1~ e 8 26c S 26,84~ ~1 F/ne/be De~n Cross ;~Uo~s ' ' 1~ 24" ' 4C $ 4,0~ ~.5" I SU~PS&Eto ci~.'Ca~nS ~,dRevl~A~encles ........ ~ ..... 6 .... ~ S i.O~ . . Subtotal 20 .24 ...... I1~ ' ' 0 14[ 0 ~[2 10 ' ' 14 40 a e 0 ~ ~:~]i' 4738 Total COS &HQE 5taffHour~ · PS&E 274 27~ t062 g4 692 658 546 156 189 274 366 212 20 473E TotalCCS&HQELabo~.PS&E ~4t,t~ S3e,09o 1136,~0 S8,030 $65,3e0 $~,596 343,660 ,,~110 $22,660 $27,400 $32,980 $13,992 3t 000 34~,84e _cOS~T ,SUMMARY Total COS Direct Expenses ] I 43,100 t ' SUB-TOTAL FILIAL P~!ql~ score ..... $ S47,9~ '~?" I 7'1 I I I I , , CRED T FOR CoMaii:i~P PSR/PR' GRAND TOTAL FINAL DESIGN SCOPE $ 736,940 i) C¢S Planain9 aad I:ngiaeeria9 91lID9