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HomeMy WebLinkAbout4.02 Fallin/I-580 ImprovmtsG~~~ OF Dp~~~ 19~~~~~~ STAFF REPORT CITY C L E R K ~~c~l~~~ ~ DUBLIN CITY COUNCIL File # ^®®©-~~ DATE: March 2, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE Amendment #3 to the Consulting Services Agreement with S&C Engineers, Inc. for the I-580/Fallon Road Interchange Improvements Project Prepared By: Ferd Del Rosario, Senior Civil Engineer EXECUTIVE SUMMARY: On August 1, 2006, the City Council approved an agreement with S&C Engineers, Inc., to manage the construction of the I-580/Fallon Road Interchange Improvements project. Subsequent contract amendments (Amendment 1 and 2) to S&C's contract were approved by the City Council on October 16, 2007 and February 19, 2008 respectively to expand their scope of services. This amendment (Amendment #3) will modify the consultant's scope of work to include additional inspection, contract administration, testing and surveying work due primarily to the City initiated change orders to construct the westbound auxiliary lane between Fallon Road and Tassajara Road and unanticipated Caltrans work modifications due to change in field conditions. FINANCIAL IMPACT: The additional services required from S&C Engineers total $377,566. Adequate funds have been budgeted for construction management services in the two capital projects which are being worked on under this agreement. CIP# 960001 (I-580/Fallon Interchange Project) will incur $227,072 and CIP# 960011 (I-580 Auxiliary Lane Project) will incur $150,494 in additional costs. RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving Amendment #3 to the Consulting Services Agreement with S&C Engineers, Inc. for the I-580/Fallon Road Interchange Improvements Project. _ Submitted By for Civil Engineer Reviewed By Admin. Services Director Assistant`Si~y'Manager Page 1 of 2 ITEM NO. DESCRIPTION: On August 1, 2006, the City Council approved a Consulting Services Agreement with S&C Engineers, Inc. (S&C), to manage the construction of the I-580/Fallon Road Interchange Improvements project. Subsequent contract amendments (Amendment 1 and 2) were approved by the City Council on October 16, 2007 and February 19, 2008 respectively. During construction of the project, Caltrans required several work modifications due to change in field conditions. These include replacement of drainage pipes along the auxiliary lane approaching the westbound Fallon Road off-ramp and revision of the bridge falsework traffic opening. In addition, Dublin agreed to construct an auxiliary lane between the Fallon Road Interchange and the Tassajara Road interchange upon the request of the Alameda County Congestion Management Agency. These extra tasks, including the Fallon Road transition work at Central Parkway, require additional services from S&C Engineers including inspection, contract administration, testing and survey work. The cost of Amendment #3, based on S&C's proposal, is anot-to-exceed amount of $377,565.64 and will be paid with funds budgeted under CIP# 960001 (I-580/Fallon Interchange Project) and CIP# 960011 (I-580 Auxiliary Lane Project). Staff recommends that the City Council adopt the resolution approving Amendment #3 to the Consulting Services Agreement with S&C Engineers, Inc. for the I-580/Fallon Road Interchange Improvements Project. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public Noticing is not required. Copy of the staff report was provided to S&C Engineers, Incorporated. ATTACHMENTS: 1) Resolution amending the Agreement, together with Exhibit "A," Amendment #3 to the Agreement 2) Original Agreement dated August 1, 2006 3) Amendment #1 dated October 16, 2007 4) Amendment #2 dated February 19, 2008 G:\CONSULTANTS\S&C Engineers\Fallon Road\AS-SC Amendment #3 580-Fallon 3-2-10.doc Page 2 of 2 ~ ^6 37 RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *****~** APPROVING AMENDMENT #3 TO THE AGREEMENT WITH S&C ENGINEERS, INC., TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE I-580/FALCON ROAD INTERCHANGE IMPROVEMENTS PROJECT WHEREAS, the City of Dublin entered into an Agreement with S&C Engineers, Inc., on August 1, 2006, to perform construction management services for the I-580/Fallon Road Interchange Improvement Project; and WHEREAS, S&C's scope of work is proposed to be expanded to include additional inspection, contract administration, testing and surveying work in conjunction with several City initiated change orders including work required by Caltrans due to change in field conditions and construction of the westbound auxiliary lane between Fallon Road and Tassajara Road requested by the Alameda County Congestion Management Agency, and the not-to-exceed contract amount is proposed to be increased $377,565.64 to cover the cost of the additional work; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment #3 to the Agreement with S&C Engineers, Inc. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment to the Agreement, attached hereto as "Exhibit A." PASSED, APPROVED AND ADOPTED this 2nd day of March, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:ICONSULTANTS\S8C Engineers\Fallon Road\RESO S&C Contract Approv 580-Fallon 3-2-2010.DOC ATTACHMENT 1. ~~3~ EXHIBIT "A" OF RESOLUTION -10 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND SAC ENGINEERS, INCORPORATED FOR CONSTRUCTION MANAGEMENT SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and S&C Engineers, Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on August 1, 2006, to perform construction management services for the I-580/Fallon Road Interchange Improvement Project; and WHEREAS, the Scope of Work is proposed to be expanded to include additional inspection, contract administration, testing and surveying work in conjunction with several City initiated change orders including work required by Caltrans due to change in field conditions and construction of the westbound auxiliary lane between Fallon Road and Tassajara Road requested by the Alameda County Congestion Management Agency, and 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 Scope of Work shall be modified to include additional scope of work as described in Consultant's letter dated January 27, 2010 (attached). Not-To-Exceed The total cost for time-and-materials work under this amendment shall not exceed an additional $377,565.64 based on the attached cost breakdown. CITY OF DUBLIN ATTEST: City Clerk Joni Pattillo, City Manager Date: Fe ~. I ~-, t a c o S&C ENGINEERS, INC. j~ I _Dice 1-'<s,dC~ James E. Scott, President C:~Documents and Settings~Ivfike Chan~Desktop~Exhibit A -Amendment#3 March 2 2010.DOC EXHIBIT To the Resolution 'o~ 37 January 27, 2010 File No. 10405.020 Mr. Ferdinand Del Rosario Senior Civil Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 n S&C ENGINEERS, INC. RE: Consulting Services Agreement -Construction Management Services I-580/Fallon Road Interchange Improvements Project Request for Amendment #3 Dear Mr. Del Rosario: S&C Engineers, Inc. is requesting an amendment to the agreement between the City of Dublin and S&C Engineers, Inc. to provide Construction Management Services for the I-580/Fallon Road Interchange Improvements Project. Unanticipated Caltrans requirements and change orders added cost and time to the construction contract. Additionally the Alameda County Congestion Management Agency (ACCMA) in conjunction with the City initiated change orders to construct a westbound auxiliary lane between Fallon Road and Tassajara Road and modify the alignment of the eastbound loop on-ramp. These changes required additional inspection, contract administration, testing and surveying work from S&C Engineers and our subconsultants. The change order work was in addition to the work anticipated in the original construction contract and S&C Engineers' original scope of services. S&C Engineers is requesting an amendment for $377,565.64 be approved by the City as compensation for the additional services. A breakdown of the additional compensation by agency is below. Dublin $ 195,121.82 Pleasanton $ 31,950.22 ACCMA $ 150,493.60 Total $ 377,565.64 Please find attached a detailed summary of the additional work and breakdown of the cost for inspection, contract administration, surveying and testing. If you have any questions regarding this request, please contact me at (510) 272-2970. Sincerely, James E. Scott, P.E. Project Manager Enclosures III BROADWAY ~ SUITE 300 OAKLAND, CALIFORNIA 94607 TEL 510.272.2970 FAX 510.272.2972 Y~37 Request for Amendment #3 I-580/Fallon Road Interchange Improvements Project City of Dublin Additional Scope of Work Construction Management Costs 1. Wildlife Exclusion Fence At the request of the City, S&C Engineers arranged for the installation of 51771inear feet of 3 foot high wire backed silt fence to serve as a Wildlife Exclusion Fence on the north side of the project. The fence was a conservation (mitigation) measure required by the US Fish and Wildlife Service to minimize the effects of Construction on the California tiger salamander, the red-legged frog and San Joaquin kit fox. The fence had to be installed prior to an October 15th deadline in order to keep California tiger salamanders and red-legged frogs from entering into the future construction area during the wet season. Failing to meet the October 15th deadline could have delayed the start of construction. S&C Cost $21,640.00 Pleasanton: $3,371.51 Total Cost $21,640.00 Dublin: $18,268.49 Total Cost $21,640.00 2. Wage Escalation (Amendment #2) The contract between the City and S&C Engineers, Inc. anticipated construction starting in November of 2006 and end in 2007. Due to unforeseen circumstances involving environmental permitting, the start of the construction was delayed until mid 2008 and the completion of construction is projected to be at the end of 2009. On February 19, 2008, the City Council authorized an hourly rate adjustment for 2008 and beyond (Amendment #2). The impact of the hourly rate adjustment for 2008 and beyond has not yet been reflected with a commensurate adjustment in authorized compensation. S&C Engineers has agreed to maintain 2008 rates throughout 2009 as requested by the City. S&C Cost $46,392.66 Pleasanton: $8,745.37 Survey Cost $4,544.72 Dublin: $47,386.67 Testing Cost $5,194.66 Total Cost $56,132.04 Total Cost $56,132.04 ~Q~ 3. Construction Change Order Impacts 3a. Removal of Twin 1200 mm CIP pipes on WB Auxiliary Lane (CCO # 7) and Install 1050 mm Reinforced Concrete Pipe on WB Auxiliary lane (CCO # 9) During excavation for the roadway structural section of the westbound auxiliary lane two parallel 1200 mm cast-in-place (CIP) pipes were encountered. The 1200 mm CIP pipes were as much as two feet up into the planned structural section of the auxiliary lane. The Contractor was directed to pot hole some points to determine the location of the pipes so the designer and Caltrans could accurately assess the conflict. After several meetings with the designers and Caltrans, it was determined more detailed information was needed. Excavation of the soil above the pipes was performed to expose the pipes for the entire length where the pipes conflicted with the structural section. A 10 foot section of the pipes was demolished to determine the wall thickness of the pipes and if the pipes had any steel reinforcement. The information on the pipes was forwarded to Caltrans Hydraulics Department who confirmed the unreinforced pipes were not strong enough to sustain traffic loads. Caltrans required the twin 1200 mm pipes be removed. S&C Engineers' Resident Engineer coordinated with the designer, the Caltrans Hydraulics Department and the Caltrans Oversight Engineer to expedite a decision and implement the change. Change order #7 was issued to the Contractor to remove the 1200 mm CIP pipes and to backfill and compact the trench. As described the existing double 1200 mm CIP concrete pipe and drainage inlets were removed in the areas where they conflicted with the new roadway structural section. Under CCO #9 300 meters of new 1050 mm reinforced concrete pipe (RCP) was installed outside the limits of the new roadway structural section and connected to an existing drainage system. Steel reinforcing was placed around the RCP. The trench containing the RCP and steel was backfilled with concrete. A 600mm wide section of Lean Concrete Base (LCB) and concrete backfill located between the pipe and the existing roadway was installed at the request of, and will be reimbursed by the Alameda County Congestion Management Agency. The concrete backfill and LCB are for the anticipated roadway construction of the future I-580 HOV/HOT Lane widening project. S&C Engineers' Resident Engineer worked with the designer, the Caltrans Hydraulics Department and the Caltrans Oversight Engineer to minimize the cost and schedule impacts to the City's construction project and to expedite and implement a solution. Construction Cost $338,872.81 S&C Cost $24,800.00 Pleasanton: $4,876.54 Survey Cost $4,500.00 Dublin: $25,423.46 Testing Cost $2,000.00 ACCMA: $1,000.00 Total Cost $31,300.00 Total Cost $31,300.00 6~ /rl 3b. Revise Falsework Traffic Opening (CCO's #32 & #36) The Contractor's progress on the project was impacted by a revision to the bridge falsework traffic opening requirements imposed by Caltrans. Shortly before the bridge falsework over I-580 was to be erected, Caltrans raised concerns regarding the configuration of the bridge falsework traffic opening, temporary K-rail and traffic striping. The bridge falsework traffic opening was already constructed according to the Caltrans approved construction staging plans. After six weeks of additional reviews and several meetings, Caltrans finally approved an alternative configuration for the bridge falsework traffic opening. During this six week period, the Contractor's work force was kept on site because all parties believed the response from Caltrans was imminent. The alternative bridge falsework opening configuration required completion of the pavement structural section on the eastbound loop on-ramp, restriping of the freeway, and shifting of temporary K-rail. (CCO #32) These changes took four weeks to plan, schedule, implement and construct. A negotiated settlement with the Contractor included a total of 64 working days adjustment to contract time. S&C Engineers' Resident Engineer and staff attended several meetings with the designer, the Caltrans design, Caltrans HQ Geometrician, the Caltrans Oversight Engineer and Caltrans management to facilitate a decision and implement the change. S&C Engineers staff also analyzed the Contractor's change order Cost proposal which was originally valued at more than $700,000. Along with City staff, S&C Engineers was able to negotiate the final value of the change order settlement down to $398,822.00 Construction Cost $460,831.57 Contract Time Adjustment 64 working days Pleasanton: $14,956.80 S&C Cost $96,000.00 Dublin: $81,043.20 Total Cost $96,000.00 Total Cost: $96,000.00 3c. Construct auxiliary lane, Fallon to Tassajara (CCO #39) & align EB loop on ramp (FR7M) to accommodate future Fallon to Airway Aux Lane. (CCO #39b) Auxiliary Lane - CCO #39 In cooperation with the Alameda County Congestion Management Agency (ACCMA) the City agreed to construct an auxiliary lane on westbound I-580 between the Fallon Road Interchange and the Tassajara Road Interchange. Construction of the auxiliary lane will help alleviate traffic congestion on westbound I-580 and decrease travel times for Dublin residents who access westbound I-580 from Fallon Road and residents exiting from westbound I-580 to Tassajara Road. The City will be reimbursed for 100% of the cost of this change order from the Alameda County Congestion Management Agency. This change order has been reviewed and approved by Caltrans. Additional construction surveying is required to establish line and grade for the auxiliary lane and additional testing must be performed on the structural section. ~~ ~r Eastbound Loop On-Ramp - CCO #39B The Alameda County Congestion Management Agency (ACCMA) requested the City modify the existing EB loop on ramp to accommodate an upcoming auxiliary lane on eastbound I-580 between the Fallon Road Interchange and the Airway Interchange. These modifications should be incorporated into the City's project to avoid partially removing the roadway constructed under the City's contract just a few months after it was constructed. The City will be reimbursed 100% of the cost of this change order from the Alameda County Congestion Management Agency. The change order plans have been reviewed and approved by Caltrans. Additional construction surveying will be needed to establish line and grade for the auxiliary lane and additional testing will need to be performed on the structural section. Construction Cost S&C Cost Survey Cost Testing Cost Total Cost $1,500,000.00 estimated $119,463.60 $17,430.00 $12,600.00 $149,493.60 ACCMA Cost: $149,493.60 3d. Central Parkway Tie-in, Extra Work North of the project at the Central Parkway intersection, the constructed but unopened section of new Fallon Road must be tied into the previously opened section of new Fallon Road prior to switching traffic on to the unopened section of Fallon Road. The change order to perform this work will have to be scoped with the City and the developer's Engineer and negotiated with the Contractor. Construction surveying will be performed by the developer's Engineer to establish line and grade for the auxiliary lane and additional testing will need to be performed on the structural section. Estimated Construction Cost $ 200,000.00 S&C Cost $20,000.00 Dublin Cost: $23,000.00 Survey Cost $ 0.00 Testing Cost $3,000.00 Total Cost $23,000.00 fl~ 37 Summary of Cost Increases due to Change Orders. 1. Wildlife Exclusion Fence $ 21,640.00 2. Wa a Escalation $ 56,132.04 3. Construction Chan a Order Im acts 3a. Removal of Twin 1200 mm CIP pipes on WB Auxiliary Lane (CCO # 7) and Install 1050 mm Reinforced Concrete Pipe on WB Auxilia lane CCO # 9 $ 31,300.00 3b. Revise Falsework Traffic O enin CCO's #32 & #36 $ 96,000.00 3c. Construct Auxiliary Lane, Fallon to Tassajara (CCO #39) & align EB loop on ramp (FR7M) to accommodate future Fallon to Airwa Auxilia Lane. CCO #39b $ 149,493.60 3d. Central Parkwa Tie-in $ 23,000.00 Total $ 377,565.64 Breakdown of Costs by Agency Dublin $ 195,121.82 Pleasanton $ 31,950.22 ACCMA $ 150,493.60 Total $ 377,565.64 ~~ ~~ d' N O N N V M O I~ O N N O O O O O O m NON V O N N O ~ O) I M O - 0 0 0 0 0 O m Nt00 MU1NO~A ~O V NcOr 00000 r NON(O M rN W M V'I~NCO 00000 (O n ~ ~ N r f~ V'N I~I~ V' V I~ (D 00000 (O Oi0 V' N LO O) M V' lC/ BONN M 00000 M r O)(O V (O 0)(00 d' [r fry X00) 00000 D) M(fl010 M i~(D O O ~O b910 CO OOOMM D) O ~ O N O M r 0 0 I~ r V r i0 0 0 0 0 0 ~O O N N V N r N~ V fA to ~ O (0 (0 ~ O V G ~ ~ 00 N N _~ N ~_ V I~ O) (O (0 ~ df O u7 M O n y V V cD ~ V M Oi Oi N_ (O oD O 0~ O O (O (O N N Kf fA M M fA N EA N t0 O O M M fA M fA fPr r f~ 01 h N (~ M• V3 fA b9 b9 N N W W 69 to N O (~ Eff E9 fA N !f1 to ~ M U9 ~ O N f9 V3 fA N 4'1 fA ~ ~ ~ ~ ~ 7 C ~ ~ v oaovcor~n rn a o n. 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CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND S8~C ENGINEERS, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin (°City") and S&C Engineers, Inc. (°Consultant") as of August 1, 2006. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2008, 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 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed, One Million, Three Hundred Thirty Six Thousand, Four Hundred Seventy Seven and No Cents ($1,336,477.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to 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. Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 1 of 14 ATTACHMENT 2. p ~ 37 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ^ Serial identifications ofprogress bills; i.e., Progress Bill No.1 for the first invoice, etc.; ^ The beginning and ending dates of the billing period; ^ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ^ 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 under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ^ The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 2 of 14 is a~ 3~ 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 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. 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 fumish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. 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 August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 3 of 14 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 aself-insurance program to meet those requirements, but only if the program ofself-insurance complies fully with the provisions of the California Labor Code. Determination ofwhether aself-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 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. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. 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 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 4 of 14 ig~r ~r City of Dublin, City of Pleasanton, and the State of Califomia, their officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City of Dublin, City of Pleasanton, and the State of Califomia, their officers, employees, agents, or volunteers. 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 of Dublin, City of Pleasanton, and the State of Califomia, their officers, officials, employees and volunteers, and that no insurance orself-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 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 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible orself-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 policy must contain a cross liability or severability of interest clause. Consulting Services Agreement between August 1, 2006 City of Dublin .and S&C Engineers, Inc. Page 5 of 14 /S~/ 3 7 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 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 Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 6 of 14 /~ •' 37 4.4.5 Deductibles and Self-Insured 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 orself-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible orself-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 Coverage. 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; andlor ^ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, and hold harmless the City of Dublin, City of Pleasanton, and the State of California and their officials, officers, employees, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises 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 Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 7 of 14 17 ~~' 3~ 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 arid hold harmless clause shall apply to any such damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the Califomia Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the Califomia 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 Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 8 of 14 lP,f 3~ 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another govemmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in 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 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 9 of 14 /9 ~ ~~ written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by 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 Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 10 of 14 ~o ~ 37 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under Califomia Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Califomia in the County of Alameda or in the United States District Court for the Northern District of Califomia. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 11 of 14 a~ ~-~ ~~~ 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 Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at Califomia Govemment Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Govemment 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 Govemment Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Govemment Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Melissa Morton, Director of Public Works ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: James E. Scott, President SAC Engineers, Inc. 111 Broadway, Suite 300 Oakland, CA 94607 Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 12 of 14 as ~ 37 Any written notice to City shall be sent to: Melissa Morton, Director of Public Works City of Dublin 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. 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 '~,. CONSULTANT May U Att ~ $: ~, I .-----~- N._..,._. `City Cl rk Approved as to Form: City Attorney Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 13 of 14 .~ -~ ~r~ EXHIBIT A SCOPE OF SERVICES To provide construction management services per the attached S8C Engineers, Inc. Scope of Services dated June 12, 2006, which includes contract administration; construction inspection; construction surveying, materials testing, and burrowing owl pre-construction surveys, for the Interstate 580/Fallon Road Interchange Improvements. Consulting Services Agreement between August 1, 2006 City of Dublin and S&C Engineers, Inc. Page 14 of 14 ~~~ 3~ June 12, 200b Ferdinand DeI Rosario, P.E. Senior Civil Engineer City of Dublin 100 Civic Plaza Dublin, California 94568 RE: Scope of Services -Construction Management Services I-580/Fallon Road Interchange Improvements projects Dear Ferd: n S&C ENGINEERS, INC. Attached is a recommended "Scope of Services" for the Construction Management services to be provided by S&C Engineers on the I-580/Fallon Interchange Improvement Projects. As requested by the City, services to perform apre-construction survey for burrowing owls have been added to the original scope of services as described in S&C Engineers' proposal dated July 20, 2005 I would be happy to meet with you and discuss any proposed changes you feel maybe appropriate. Please call me at (510) 272-2970 if you have any questions. Sincerely, James E. Scott President It( BROADWAY j SUi?~ 30C OAKL.4NL?, CALIFOR>tliA 9460? 1"cL ~IC.27Z.2°74 FA:: 510.27..2472 as s~ 3~ 1580/FALCON ROAD INTERCHANGE IMPROVEMENTS SCOPE OF SERVICES Provide construction management services including contract administration; construction inspection; construction surveying, materials testing, and burrowing owl pre-construction surveys, for the improvement project of the 1580/Fallon Road Interchange Improvements. Phase II -Construction 1. CONTRACT ADMINISTRATION Administration -CONSULTANT shall perform all construction administration activities, including correspondence and document control. Provide complete support services for field personnel, including office support and coordination of inspection, surveying, burrowing owl pre-construction surveys and materials testing. CONSULTANT will furnish all business equipment for CONSULTANT'S work such as computers, fax machines, furniture, and telephones; expendable supplies such as binders, pens, pencils, etc. CITY'S construction contractor will i provide field office/trailer, fax and phone lines, utilities and copier at no cost to CONSULTANT. Reporting -CONSULTANT shall utilize Caltrans procedures and policies, and CITY requirements as necessary, regarding documentation of events, compilation of quantities, contractor progress payments, final payment, and record drawings. The required records pertaining to the jab site staff include attendance reports and overtime records. Records involved in monitoring Contractor's contract include weekly statement of working days and monthly progress report. CONSULTANT staff members assigned to monitor the Contractor's operations will submit a daily report relating the activities of the day. Reports covering extra work shall be submitted to CITY along with Contractor's material billing when appropriate. Quantities shall be calculated as they are incorporated in the work. The most current Caltrans Construction Manual is the principal reference for CONSULTANT'S field personnel. Project Meetings -CONSULTANT shall conduct one preconstruction conference, weekly progress meetings, and other project related meetings. CONSULTANT shall prepare agendas and meeting minutes. a~~ 3~ Project Submittals -CONSULTANT shall process Contractor's submittals and assure their timely review. CONSULTANT shall maintain a !og to track processing of Contractor's submittals. Claims Mitigation -CONSULTANT will take steps to avoid claims on the project. In the unlikely event of claims, any claims resolution will be performed as additional services. Progress Payment -CONSULTANT shall prepare monthly progress payment requests and submit to CITY for their payment. Change Orders -CONSULTANT shall evaluate proposed change orders, coordinate changes in design with TY LIN/CCS Planning and Engineering, Caltrans, and CITY staff as appropriate. CONSULTANT shalt prepare change orders and an independent cost estimate and schedule impact analysis. Document Tracking -CONSULTANT shall track all documents during the course of the project. Documents to be tracked include but are not limited to all correspondence, shop drawings, test results, change orders, potential change order items, potential claims, design clarifications, photographs, etc. Documentation -CONSULTANT shall document the Contractor's activities on a daily basis, conversations, and meetings related to the project, changed conditions, change orders, weather, accidents, environmental mitigation, and all other items that may be necessary for reviewing progress payments, evaluating and processing change orders, and resolving potential claims. Documentation is to include both written text and photographs. Progress photographs of the overall project are to be taken and a set included in the final project records. Design Clarification -Coordinate design clarifications with TY LIN/CCS Planning and Engineering, CITY and Caltrans as appropriate. 2. SURVEYS CONSULTANT shall provide line and grade stakes in accordance with Caltrans Staking Manual procedures and frequencies. 3. BURROWING OWL PRE-CONSTRUCTION SURVEY CONSULTANT shall conduct apre-construction burrowing owl survey within 30 days prior to ground disturbing activities by the construction contractor to avoid direct take of burrowing owls. Pre-construction burrowing owl survey will be conducted in accordance with monitoring requirements of the project as determined by applicable regulatory agencies 4. INSPECTION AND TESTING a9~F s7 CONSULTANT will: • Provide construction inspection, sampling and materials testing in accordance with Caltrans procedures for all project items. • Coordinate the activities of testing laboratories, surveyors and inspectors, representatives from utility companies and the administration of all project permits and utility relocations. • Coordinate with local residents, proprietors and land owners to minimize impact on construction on said parties. Enforce labor regulations as included in contract specifications. • Maintain an up-to-date set of plans and specifications at the job site. • Review all certificates of inspections and tests. • Provide final inspection and punch list. • Collect and check record drawing information as furnished by the Contractor and CONSULTANT, furnish "red line" drawings to the designer for preparation of record/as-built drawings. 5. POST CONSTRUCTION PHASE After acceptance of the construction contract, CONSULTANT will prepare a Construction Completion Report that will include: Summary of scope, cost, and schedule changes and the reason for the changes Summary of project costs Comprehensive Project Records (per Caltrans requirements) ~S«~ 57 Cost Proposal I 580/Fallon Road Interchange Improvements " EstinzatetE Flours°° ~Pat~. -~ POS1t1,~I1 '. Pre- ~~C~oz~st. 24306 ~' ~:; 21)07 P~~t Cdnst.~, .Total ~Cb6~ ' ~ 2007 ~ ~OSts~ PM /Res. Engr. 40 360 1800 40' 2160 $ 140.00 $ 144.20 $ 309,960.Uu Bridge En 'neer 20 340 1220 20 1560 $ 130.00 $ 133.90 $ 207,558.00 Insp./Office Engr 80 400 1880 120 2280 $ 98.00 $ 100.94 $ 228,967.20 OT 20 200 220 $ 118.00 $ 121.54 $ 26,668.00 Senior Ins ector. 160 1440 1600 $ 8.00 $ 100.94 $ 161,033.60 OT 20 200 220 $ 118.00 $ 121.54 $ 26,668.00 Electrical ctor 0 1S2 8 152 $ 100.00 $ 103.00 $ 15,656.00 Clerical 8 72 360 40 432 $ 50.00 $ 51.50 $ 22,140.00 Total Hours 8 624 Subtotal - S&C En ineers, Inc. $ 998,650.80 Subconsultant: Materials Testing - Kleinfelder $ 123,682.40 Subconsultant: Surveys - Chaudhary & Associates $ 108,207.53 Allowance for Burrowing Owl Biolo ist 7,000.00 Miscellaneous Direct Costs $ 7,500.00 Subtotal - Subconsultants & Direct Costs $ 246 89.93 Markup @ S% $ 12,319.50 TOTAL $ 1257 360.22 Allowance for contract extension due to weather delays (estimated at ZO days for 1 winter) $ 79,116.80 Total with contingency $ 1,336,477.02 NOTES: 1. Estimate is based on 250 working day contract and on an estimated construction start date of November 1, 2006. 2. Rates include labor, overhead, profit, cell phones, and vehicles for each employee. 3. Rates for 2007 reflect a 3 % increase for wage inflation. 4. It is assumed trailer and utilities are to be provided by construction contractor. S. Cost proposal is good for 90 days. June 12, 2006 ~9of 3'1 Cost Calculation Worksheet for Weather delays S&C Engineers 6/12/2006 1 5801Fallon Road Interchange Improvements Position Days 20 Hours per day 2007 hours 2007 Rate Cost PM/RE 20 8 160 $ 144.20 $ 23,232.00 Brid a Engineer 20 8 160 $ 133.90 $ 21,584.00 Senior Ins ector 20 8 160 $ 100.94 $ 16,310.40 Ins ./ Office En r 20 8 160 $ 100.94 $ 16,310.40 Clerical 4 8 32 $ 51.50 $ 1,680.00 Total Cost = $ 79,116.80 ~~3/ EXHIBIT "A" OF RESOLUTION / 90 -07 AMENDMENT TO AGREEMENT , BETWEEN CITY OF DUBLIN AND S&C ENGINEERS, INCORPORATED FOR CONSTRUCTION MANAGEMENT SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and S&C Engineers, Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on August 1, 2006, to perform construction management services for the I-580/Fallon Road Interchange Improvement Project; and WHEREAS, the Scope of Work to be performed is proposed to be expanded to include the implementation and enforcement of mitigation measures outlined in the U.S. Fish and Wildlife Service Biological Opinion for the project, and the not-to-exceed contract amount is proposed to be increased to cover the cost of the additional work; J NOW, THEREFORE, the parties hereto agree as follows: Scope of Work Scope of Work shall be modified to include additional scope of work as described in Consultant's letter dated October 1, 2007 (attached). Not-To-Exceed The total cost for time-and-materials work under this amendment shall not exceed an additional $124,330.22 based on the attached cost breakdown. ATT T: G~GsrO~ City Clerk Y OF DUBLIN Mayor S&C ENGINEERS, INC. .,~- James E. Scott, President Date: _ %~• Z-D ~ G:\CONSULTANTS\S&C Engineers\Fallon RoadlExhibit A -Amendment] Oct 16 07.DOC ATTACHMENT 3 3/ 6~F 37 October 1, 2007 Ferdinand Del Rosario, P:E. Senior Civil Engineer City of Dublin 100 Civic Plaza Dublin, California 94568 µ SiC ENGINEERS, INC. RE: Consulting'Services.Agreement- Construction Management Services I-580/Fallon Road Interchange Improvements Request for Amendment #1 Dear Mr. Del Rosario: S&C Engineers, Inc. is providing cost information for the proposed amendment of the agreement between the City .of Dublin and S&C Engineers, Inc. for Construction Management Services on the I-580/Fallon Road Interchange Improvement Project. As per our previous telephone conversations, the recently released Biological Opinion from the US Fish and Wildlife Service requires the City to implement and enforce several conservation (mitigation) measures to avoid, minimize and compensate for effects to the California tiger salamander, the California red-legged frog and San Joaquin kit fox. These conservation measures were not anticipated by the City or S&C Engineers when we executed the agreement for construction management services in August of 2006. The measures imposed by the US Fish and Wildlife Service require additional work to be performed prior to construction as well as during construction. The added measures require the CM team to implement the measures and enforce compliance by the Contractor during construction. Many of the measures imposed by the U.S. Fish and Wildlife Service must be performed by a qualified biologist (defined as a person approved by the U.S. Fish and Wildlife Service to capture and move endangered species). Because these measures were not anticipated last August the scope of our agreement did not include a qualified biologist. Accordingly, I am including the services of H.T. Harvey and Associates as a subconsultant to S&C Engineers as part of the amendment.. S&C Engineers, Inc.. is requesting $124,330.22 as compensation for the additional services required by the U.S. Fish and Wildlife Biological Opinion. Please fmd attached a summary of the additional work and a breakdown of the cost for implementation, coordination and enforcement. of the measures. If you have any questions regarding the enclosed information, please contact me at (510) 272-2970: Sincerely, James E. Scott, P.E.. Project Manager i I I BROADWAY ~ SUITE 300 OAKLAND, CALIFORNIA 94607 • TEL 510.272.2970 FAX S 10.272.2972 3ao~~1 Additional Scope: Amendment # 1 for I-580/Fallon Road Enforce the requirements of the U.S. Fish and Wildlife Service biological opinion (Ref. 1-1-07-F-0257, dated July 13, 2007) and implement the following measures as described in the Terms and Conditions of the biological opinion. Install orange-colored fencing to delineate the work area Install silt fence/exclusionary fence along the right of way to endangered species from entering the construction site. Inspect during rain events Conduct pre-construction surveys for two days and two nights prior to initiation of construction On-site meetings with construction crews to explain how to avoid accidental takes of endangered species Prepare and distribute fact sheets conveying information on endangered species Remove trash at the end of each day from construction site Inspect construction material left overnight Implement protocol established in the biological opinion if the red-legged frog is found on site Restrict construction traffic to established roads Cover or install escape ramps in excavations Maintain and enforce 20 mph speed limit for construction vehicles Keep pets off the project site Prepare post-construction compliance report . Prepare listed species discovery responses Congdon's Tarplant Seed Collection and Dispersal 33,E 3 / Biological Tasks S&C Engineers, Inc. Field Services Hours Rate Total Engineer 84 $144.20 $12,112.80 Inspector 298 $100.94. $30,080.12 Total Field Services $42,192.92 Rates include labor, overhead, profit, cell phones, and vehicles for each employee. Total S&C Engineers $42,192.92 H.T. Harvey & Associates -Biologists See attached summary of personnel hours and tasks Total Harvey 8~ Associates $78,226.00 Mark up @ 5% $3,911.30 Total Biologists Cost $82,137.30 Total Cost for Biological Tasks $124,330.22 ~/,r 3~ ~,' I~t ~^V r ~: O: ~' O ~'e U ~7 w r I~ O p ~ O M N ~ b d ti ~ d C; i °' ~ '~ N d d .O ~~ w 4 ~ A G . o M y o <O n [h n o. '.N 'N o OD ~ g O ~n r O o R t0 o O 7 ro CO M ~n O W !. rJ! -~ M' n N N m ~ v h tl9 ~ lA ~ IA ~~ -b4. I 69 R 9 ~ D 9 9 4 n 9 R M r W N C ~t N if •--~ O N p ° . uoddnS v, ' ~ ~ c r SI~J/n?gdruJ ~' ;s!6o!oog;ue!d c O -. o ti ~ a~a~MpJVg ~t1a31 b4 ;s!6o!o03 ai!IPI!M ~ ~,: N NaJOm~ Ja~uua` ; ae m F ° ;s!6oh3 al!IPI!M ~ ~ 0 y ~ O O ~'^ u LDWM1Ia^( IfaJJDQ Vf C o ;s!6o!o03 a1!IPl!M ~ a y O ~ oo. 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(hereinafter referred to as "Consultant"), on August 1, 2006 to manage construction of the Project which was anticipated to start in 2006 through the end of 2007; WHEREAS, the agreement is set to expire in December 2008 and does not include hourly rate adjustment for 2008 and beyond: NOW, THEREFORE, the parties hereto agree as follows: Rate Adjustment Consultant will be entitled to an annual rate adjustment starting in January 2008, the amount of said increase to be approved by the City. The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U.S. Department of Labor, Bureau of Labor Statistics (Index) which is published for the year ending in December. If the Index has increased over the Index for the prior year, the rates for the following year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the rates set forth in the current year. Term of Services Term of Services shall be modified to end in June 2010 unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8 of the Agreement. A T: ~' P City Clerk , ~~~~ TfY OF DUBLIN Mayor S&C ENGINEERS, INC. -~ es E. Scott, President Date: /~~~ 26of1 G:\CONSULTANTSIS&C Engineers\Fallon Road\Exhibit A -Amendment#2 Feb 19 OS.DOC ATTACHMENT '~. 37 0-~ 3~ EXHIBIT "A" OF RESOLUTION -10 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND S8~C ENGINEERS, INCORPORATED FOR CONSTRUCTION MANAGEMENT SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and S&C Engineers, Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on August 1, 2006, to perform construction management services for the I-580/Fallon Road Interchange Improvement Project; and WHEREAS, the Scope of Work is proposed to be expanded to include additional inspection, contract administration, testing and surveying work in conjunction with several City initiated change orders including work required by Caltrans due to change in field conditions and construction of the westbound auxiliary lane between Fallon Road and Tassajara Road requested by the Alameda County Congestion Management Agency, and 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 Scope of Work shall be modified to include additional scope of work as described in Consultant's letter dated January 27, 2010 (attached). Not-To-Exceed The total cost for time-and-materials work under this amendment shall not exceed an additional $377,565.64 based on the attached cost breakdown. CITY OF DUBLIN Joni Pattillo, City Manager ATTEST: City Clerk S&C ENGINEERS, INC. .~ // ~rn II ~`~~ ~ V1Ge ~YPS,gt~ James E. Scott, President Date: Fe ~ • I ~- 2 a ( o C:~Documents and Settingsuvlike Chan~Desktop~Exhibit A -Amendment#3 March 2 2010.DOC