HomeMy WebLinkAboutReso 39-10 Village Pkwy PKF EngRESOLUTION NO. 39 - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH BKF ENGINEERS
FOR CONSULTING SERVICES FOR VILLAGE PARKWAY/ AMADOR VALLEY BOULEVARD
STORMWATER TREATMENT
CIP PROJECT 960009
WHEREAS, the City of Dublin has entered into Cooperative Agreement No. 4-2274 with
the State of California Department of Transportation (Caltrans) to provide stormwater treatment
measures at three locations near the Village Parkway/Amador Valley Boulevard Intersection as
mitigation for water quality impacts associated with the Interstate 680 High Occupancy Vehicle
Lane in Alameda and Santa Clara Counties; and
WHEREAS, these improvements are included in the City's Five-Year Capital
Improvement Program for 2008-2013; and
WHEREAS, the City desires to utilize the services of BKF Engineers to perform design
engineering and related services for said project; and
WHEREAS, the cost of these engineering services and other project costs will be paid by
Caltrans under Cooperative Agreement No. 4-2274.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement with BKF Engineers (Exhibit A) for consulting services.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement.
PASSED, APPROVED AND ADOPTED this 16th day of March, 2010, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
~~~
City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND BKF ENGINEERS
THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City")
and BKF ENGINEERS ("Consultant") as of , 2010.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2012. Consultant shall complete the work described in
Exhibit A prior to that date, unless the term of the Agreement is o#herwise extended
pursuant to the provisions for modification of the Agreement contained 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
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.
Consultant shall not be responsible for delays beyond Consultant's reasonable control.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Fifty-Nine
Thousand Eight Hundred Twenty-Eight Dollars and No Cents ($59,828.00), 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
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herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
^ Clear numerical identification, with no duplication of numbering;
^ The beginning and ending dates of the billing period;
^ A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
^ At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
^ The total number of hours of work performed, during the invoice period, under the
Agreement by Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder;
^ The Consultant's signature.
2.2 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.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
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2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shat{ 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 maybe
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 fumish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims
for injuries to persons or damages to property that may arise from or in connection with the performance
of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City.. Consultant shall maintain
the insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's fee. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
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'
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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 canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and 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 8 and 9 ("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:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
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out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance 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 canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional 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 following provisions shall apply if the professional liability coverages are
written on a claims-made form:
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
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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.
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:VI I.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall fumish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall require all subcontractors to meet the
insurance requirements stated herein. Each subconsultant shall fumish separate
certificates and endorsements.
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.
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
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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 Consul#ant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
^ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
^ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
^ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel approved by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against 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. The foregoing obligation of
Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises
wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers
and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to
the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the Califomia
Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Consultant from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not
such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
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
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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 California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No 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.
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
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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 thirty (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to 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 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.
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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. Ali reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
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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. At the City's option, under California Government Code Section 8546.7, if the
amount of public funds expended under this Agreemen# exceeds TEN THOUSAND
DOLLARS ($10,000.00), the Agreement may be subject to the examination and audit of
the State Auditor, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 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 shalt remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and 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.
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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 Califomia Govemment Code Sections 1090 of 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 Califomia.
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 Mark Lander, City
Engineer ("Contract Administrator"). All correspondence shall be directed to or through the
Contract Administrator or his or her designee.
10.10 Notices, Any written notice to Consultant shall be sent to: ED Boscacci
BKF Engineers
255 Shoreline Drive, Ste. 200
Redwood City, CA 94065
Any written notice to City shall be sent to: Mark Lander
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the repod/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.
Consulting Services Agreement between February 26, 2010
City of Dublin and BKF Engineers Page 12 of 13
Y~~~s~
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
Joni Pattillo,
City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
CONSULTANT
Janine O'Flaherty,
Principal/ Vice-President
John Bakker, City Attorney
G:WPDESIVillage Pkwy AVB Tn;atrnent Units (Caltrans)1agn;ement BKF Engineers Desgn.doc
Consulting Services Agreement between February 26, 2010
City of Dublin and BKF Engineers Page 13 of 13
~~ 5q
EXHIBIT A
SCOPE OF SERVICES
To provide design and construction engineering services as delineated in the attached proposal
dated October 14, 2008, for the Village Parkway/ Amador Valley Boulevard Stormwater Treatment Project.
G:WPDES1Village Pkwy AVB Treatment Units (Caltrans)lagreement BKF Engineers Design.doc
Consulting Services Agreement between February 25, 2010
City of Dublin and BKF Engineers-Exhibit A Page 1 of 1
51~ 5~
EXHIBIT B
COMPENSATION SCHEDULE
The term of the Agreement shall end on June 30, 2012. Consultant may request an adjustment of
rates for the second and third years of the terrn, provided that no such adjustments of rates shall be
effective unless and until the adjustment is agreed to in writing by the City Manager or other designated
official of City authorized to obligate City.
Compensation shall be paid per the attached Fee Schedule.
City shall pay Consultant on atime-and-materials basis in an amount not to exceed the total sum of
Fifty-Nine Thousand Eight Hundred Twenty-Eight Dollars and No Cents ($59,828.00) per year for services
to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of each specific
project or as agreed between Consultant and City regarding each specific project, based on the cost for
services performed.
The total sum stated above shall be the total which City shall pay for the services to be rendered by
Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this Agreement
City shall make no payment for any extra, further or additional service pursuant to this Agreement
unless such extra service and the price therefor is agreed to in writing executed by the City Manager or
other designated official of City authorized to obligate City thereto prior to the time such extra service is
rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial contract
price.
The services to be provided under this Agreement may be terminated without cause at any point in
time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed on such documents
and other materials to the effective date of such termination. In that event, a8 finished and unfinished
documents and other materials shall, at the option of the City, become City's sole and exclusive property.
Consultant hereby expressly waives any and all claims for damages or compensation arising under this
Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to
date.
The Consultant is not authorized to perform any services or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of
the City of Dublin.
G:IEngr-contracNbkflagreement dougherty widening,doc
1383611.1
Consulting Services Agreement between February 25, 2010
City of Dublin and BKF Engineers-Exhibit B Page 1 of 1
5z e~ s9
BKF ENGINEER5 October 14, 2008
EXHIBIT A
Scope of Work
City of Dublin Stormwater Treatment Improvements
PROJECT ISSITES
Caltrans has accepted the use of hydrodynamic separators with oil sorbent
materials for use at two sites in the City of Dublin (Dublin) in-lieu of direct
treatment of runoff associated with the widening of I-680. Two locations
within Dublin were selected for treatment and a third site is being viewed to
determine feasibility of additional treatment.
BKF proposes to coordinate the installation of the treatment units by
collecting manufacturer information and preparing Improvement Plans for
unit installation.
BKF will coordinate installation of landscape-based treatment measures at a
third site.
SCOPE OF SERVICE
Task 1-Improvement Plans for Hydrodynamic Separator
Task la. Attend Coordination Meetings
BKF will attend one coordination meeting with City staff to discuss design
concepts and constraints.
Deliverable: One Meeting
Task lb. Data Collection
The first step is to gather the available drainage and topographic information.
The existing utility records for Amador Valley Boulevard and Maple Drive
will be collected. Topographic and utility information is available on the
neighborhood improvement plans. BKF will utilize this as the primary
information source for the project
Using the available topography and utility information, a plan and profile for
the street will be developed.
Page 1 of 6 October 8, 2007
53a~ 59
City ofDublin BKF ENGINEERS
Stormwater Treatment Projects Scope of Work
Page 2 of 6 October 14, 2008
Deliverables:
A Draft Plan and Profile based on existing drawings to be used for the Pre-
Design Report will be provided to the City for Review.
Task lc. Pre-Design Report
BKF will conduct hydrologic and hydraulic analyses of the existing drainage
facilities and proposed improvements. APre-Design Report will be prepared
that presents the Basis of Design, preferred improvements, construction
phasing plan, preliminary opinion of cost and likely disruptions to the
neighborhood. The report will include coordination information with the
supplier. The goal is to provide early concept acceptance from the City.
Deliverables:
A Final Pre-Design Report will be provided to the City.
One meeting.
Task ld. Construction Documents
Construction documents will be prepared for the installation of facilities. The
plans will utilize existing City details as appropriate or available. Caltrans and
"Green Book" standard details will be used where City details are not
appropriate or available. The plans will reference Caltrans Standards where
applicable or available. Where practical, specifications will be included as
General Notes on the Improvement Plans. If necessary, supplemental
specifications will be provided and will be in CSI Format. BKF will utilize
General and Special Provisions provided by the City. BKF will supplement,
but will not substantially change these Provisions.
A total of one day of Supplemental Survey is proposed. The purpose of the
survey is to identify monuments or set project benchmarks that will be used
for the project plans, survey identified changes since the neighborhood
Improvement Plan survey, and collect supplemental data.
A design review meeting is included for 90% submittal. Construction cost
updates will be provided.
Deliverables:
90% Plans, Specifications and Cost Estimates will be provided to the City (up
to six sheets for Improvement Plans). The 90% Plans will incorporate the
supplement survey.
One meeting.
2 October 14, 2008
~/dd 59
City of Dublin
Stormwater Treatment Projects
Page 3 of 6
BKF ENGINEERS
Scope of Work
October 14, 2008
Task le. Incorporate City Comments and Provide 100% Submittal
City comments will be incorporated into a 100% Submittal that includes Plans
and Specifications.
Deliverables:
3 copies of Full Size 100% Plans and Specifications. The Plans and
Specifications will also be provided in electronic format as using the .PDF
format.
2. Landscape-based Treatment Options
SCOPE OF SERVICE
Task 2. Landscape-based Treatment
Task 2a. Attend Coordination Meetings
BKF will attend one coordination meetings with City staff to discuss design
concepts and constraints.
Deliverable: One Meeting
Task 2b. Data Collection
The first step is to gather the available drainage and topographic information.
We currently -have topographic information for the project area shown on
Sheet D24, EA 233921 by Caltrans. For preliminary analyses, BKF will
supplement this topography with GoogleEarth aerial photography. BKF will
collect available survey information to supplement this data.
Deliverables:
A Draft Plan and Profile to be used for the Pre-Design Report will be provided
to the City for Review.
Task 2c. Pre-Design Report
BKF will conduct hydrologic and hydraulic analyses of the existing drainage
facilities and proposed improvements. APre-Design Report will be prepared
3 October 14, 2008
ss~ sq
City of Dublin BKF ENGINEERS
Stormwater Treatment Projects Scope of Work
Page 4 of 6 October 14, 2008
that presents the Basis of Design, preferred improvements, construction
phasing plan, preliminary cost estimate and likely disruptions to the
neighborhood. The goal is to provide concept acceptance from Caltrans, the
Regional Water Quality Control Board (RWQCB) and the City.
Deliverables:
A Draft Pre-Design Report will be provided to the City.
One Meeting.
Task 2d. Construction Documents
Construction documents will be prepared for the installation of facilities. The
plans will utilize existing City details as appropriate or available. Caltrans and
"Green Book" standard details will be used where City details are not
appropriate or available. The plans will reference Caltrans Standards where
applicable or available. Where practical, specifications will be included as
General Notes on the Improvement Plans. If necessary, supplemental
specifications will be provided and will be in CSI Format. BKF will utilize
General and Special Provisions provided by the City. BKF will supplement,
but will not substantially change these Provisions.
A total of six hours of Supplemental Survey is proposed. The purpose of the
survey is to identify monuments or set project benchmarks that will be used
for the project plans, and collect supplemental data.
A design review meeting is included for 90% submittal. Construction cost
updates will be provided.
Deliverables:
90% Plans, Specifications and Cost Estimates will be provided to the City (up
to six sheets for Improvement Plans). The 90% Plans will incorporate the
supplement survey.
One meeting.
Task 2e. Incorporate City Comments and Provide 100% Submittal
City comments will be incorporated into a 100% Submittal that includes Plans
and Specifications.
Deliverables:
October 14, 2008
Sbe~ Sy
City of Dublin
Stormwater Treatment Projects
Page 5 of 6
BKF ENGINEERS
Scope of Work
October 14, 2008
r
3 copies of Full Size 100% Plans and Specifications. The Plans and
Specifications will also be provided in electronic format as using the .PDF
format.
3. Assistance during BiddinE
Task 3a. Assistance during Bidding
Assistance will be provided during the bidding process including distribution
to builders' exchanges, direct contact with contractors, attendance at the pre-
bid meeting, preparation of up to two addenda, and providing written
responses available to all contractors with plan sets to questions by
contractors.
Exclusions
The following are excluded from BKF's scope of services:
Attending meetings in addition to those listed under each Task. Additional
meetings will be charged as an additional service on a time and materials
basis.
Survey of as-built conditions of the completed project is excluded from this
scope of services.
Potholoing is excluded from the scope of surfaces. If necessary, BKF will
contract with Subtronics to locate utilities within the area of the proposed
structures using Electromagnetic Field Induction (EFI). The EFI is non-
destructive and is used to horizontally locate buried utilities.
The fee does not include additional survey to connect to City or Caltrans
benchmarks. If benchmarks are readily available or can be extended by others
to the project area, BKF will utilize the available information. Otherwise,
survey will be on an arbitrary, project specific, vertical and horizontal datum.
The survey can be placed on the City datum as an additional service.
Structural Engineering, Geotechnical Engineering, utility location, and
environmental reviews are excluded from this Scope of Services.
The Task 1 Scope of Services is complete with acceptance of the project by
the City. Task 2 is complete with submittal of the Design Report to the City. If
additional work is requested, this is excluded from this Scope of Services, but
can be provided as an additional service.
5 October 14, 2008
5%59
City of Dublin
Stormwater Treatment Projects
Page 6 of 6
BKF ENGINEERS
Scope of Work
October 14, 2008
Construction services, observation and support are excluded from this contract
but can be provided as an additional service. Construction services include
observation during construction, coordination of construction responses,
including RFI, Shop Drawings, change orders, payment requests, and other
submittals. Construction assistance includes assisting the City with response
to construction related issues, including neighborhood issues.
Preparation of Record Drawings is excluded from this contract but can be
provided as an additional service. Record drawing preparation documents the
constructed product based on Contractor mark-ups supplemented by site
observations by City Staff and BKF. Record drawing preparation includes
preparation of a letter stating that the project was completed in conformance
with Plans and Specifications.
Depositions and court appearances related to materials presented in this
report, if they should be required.
Any services not specifically included in the Scope of Services are excluded.
October 14, 2008
s~~ sy
~~
Eloct~t5, 5e~ettsrPtJtS
PROFESSIONAL PERSONNEL SERVICE FEES
JANUARY 1, 2008 -DECEMBER 31, 2008
PERSONNEL
ENGINEERING
Associate
Project Manager
Engineer I V
Engineer I, II, III
PLANNING
Planner I, II, III
SURVEYING
Project Manager
Surveyor I, II, III, IV
Survey Party Chief
Survey Chainman
Apprentice I, II, III, N
DESIGN AND DRAFTING
Technician I, II, III
Drafter I, II, III, IV
Student Engineer/Surveyor
CONSTRUCTION ADMINISTRATION
Senior Construction Administrator
Resident Engineer
Field Engineer I, II, III
SERVICES AND EXPENSES
Project Assistant
ClericaUAdministrative Assistant
Principals' time on projects is chargeable at $188.00- $210.00 per hour.
$65.00
$56.00
Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers will be billed at
cost plus 10%. Such charges may include, but shall not be limited to printing and reproduction services; shipping,
delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance;
transportation on public carvers, meals, and lodging; and consumable materials. Mileage will be charged at the
prevailing IRS rate per mile.
Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0.833% per month on past
due accounts.
ATTACHMENT B
HOURLY RATES
$162.00
$153.00- $158.00
$142.00
$101.00 - $116.00- $132.00
$101.00-$116.00,-132.00
$153.00
$101.00 -$116.00- $ 132.00 -$142.00
$127.00
$100.00
$53.00- $73.00- $83.00- $93.00
$96.00 - $104.00 - $113.00
$75.00 - $83.00 - $91.00 - $100.00
$53.00
$150.00
$110.00
$101.00-$116.00-$132.00
Expert witness/litigation rates are available upon request.
EXHIBIT C
City of Dublin I-680 C.3 Improvements
Engineering Fee -October 14, 2008
Task
Description
Meetin s Principal PM E3 ~ E2 E1 Drafter Sur4 Sur2 2 Man Crew Total
Hours Hours $
la. Coordination Meeting 1 4 8 12 $ 1 548
lb.
Data Collection
8
8
4
8
12 ......_
40 $ 6
856
lc. 30%° Design.. -_ .... 1 ..._._ -......... 4 24 16 ,
44 $ 5,020
ld. Construction Documents 1 8 100 40 148 $ 16,880
le. 100% Submittal
° 4 12 32 8 _ ________ _
-- -------
56 $ 7,100
.....
2a. _ Coordination Meeting___...__ .._.___ ~ 4 4 8 $ 1,084
Data Collection 4 8 i 4 4 8 28 $ 4,840
2c. Pre-Design Report 8 24 ___ _-..........._... _ _-_-.
32 $ 4,024
onstruction Documents
8
40 ____~._.
48 $ 5,880
e.
_.._....,..._.. 100% Submittal
......_..._.-._-.._......-------._----..-.__-------
_........-~---._.._.......
_....---...._.. 8
. -------...__.. ! 16
-._....._.__.~.~.~._
..._..__----.__
--
_. ~
--
..._.__-_.
-
_
--_ ----
4
_ $ 3,096
a Assistance during Bidding ____ _
_
16 ~~ -
-
--
---.._-.._....._,..._._._....,._._._._____.
____...____.
_._
---
-T____~. 16 $ 1,856
.
Total
4
68
0 j 264 56
8
8
12
20 --... _-___.
440 $ 56,328
Reimbursable Budget !
$ 3,500
$ 59,828
200 155 132 116 101 91 241 116 233
2/ Hours for Task 2 are based on some preliminary work completed in Task 1. If Task 1 is exclude, costs for Task 2 will increase.
BKF ENGINEERS - 10/20/2008
K:\MAIN\2005\050096\-21 Dublin\Dublin.080916.Fee.xls