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HomeMy WebLinkAbout8.1 Design Replace Sidewalk High SchG~~~ OF ~U~~2 19~~~~'~8~ STAFFR CITY CLER ~`~~~~~ E PORT K `c~~LI~ ~~l DUBLIN CITY COUNCIL File #^~~ 0~-[~]~ ~C~oo-3~ DATE: October 5, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Approval of Cooperative Agreement Between the City of Dublin and the Dublin Unified School District for the Design and Replacement of a Sidewalk and Associated Improvements on Village Parkway at Dublin High School and Approval of Consultant Agreement for Design Engineering Services with Carroll Engineering, Inc., for Work Related to Sidewalk Replacement at Dublin High School under the 2010-2011 Sidewalk Safety Repair Program (CIP Project 949102) Prepared By: Mark Lander, City Engineer EXECUTIVE SUMMARY: The City of Dublin would recommend partnering with the Dublin Unified School District to fund and construct a joint project to replace the existing sidewalk along the Village Parkway frontage of Dublin High School. The City Council will consider approval of a Cooperative Agreement with the Dublin Unified School District and also a consultant contract with Carroll Engineering, Inc. to complete the design for the work. FINANCIAL IMPACT: The total cost of the additional work is estimated at $105,000 and it is proposed to be added to the $84,090 previously appropriated for hazardous sidewalk repairs for a Total Project Appropriation of $189,090. The Dublin Unified School District will contribute $35,000 toward the cost of design and construction of improvements. The City's contribution to the project will be $70,000. The proposed funding for the City share will come from unappropriated reserves in the Measure B Bicycle and Pedestrian Fund (the estimated available balance Measure B Bicycle / Pedestrian funds iS $473,000). A budget adjustment to the Sidewalk Repair Project will be needed to reflect the DUSD contribution of $35,000 as revenue and the appropriation of additional costs. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1. Adopt the Resolution Approving the Cooperative Agreement Befinreen the City of Dublin and the Dublin Unified School District for the Design and Replacement of a Sidewalk and Associated Improvements on Village Parkway at Dublin High School; l7~' Page 1 of 3 ITEM NO. U" a~ (, _ 2. Adopt the Resolution Approving the Consultant Agreement for Design Engineering Services with Carroll Engineering, Inc., for Work Related to Sidewalk Replacement at Dublin High School under the 2010-2011 Sidewalk Safety Repair Program, CIP Project 949102; and G~ 3. A~p,ove~ dget c ange. .y;- Submitted By Reviewed By Re ewe By Public Works Director Administrative Services Director Assistant Cit anager DESCRIPTION: The Dublin Unified School District (DUSD) is currently completing the Phase 2A improvements to the Dublin High School Campus (the Humanities, Visual Arts, Administration, and Library Buildings). These buildings face onto Village Parkway, and the scope of school improvement work includes reconstruction of the Village Parkway parking lot. The existing sidewalk along the Village Parkway frontage of Dublin High School was constructed in the 1960's. Over the years, the original sidewalk has been replaced and/or patched in numerous locations, primarily to repair damage caused by tree roots. A portion of the sidewalk was also replaced with an experimental recycled rubber sidewalk in 2004. Portions of the sidewalk were recently replaced as part of the Phase 2A High School work to allow for new driveway locations, and also as part of a bus stop upgrade project by the Livermore-Amador Valley Transit Authority (LAVTA). As a result, the sidewalk is a fragmented patchwork of old and new concrete. A number of the existing street trees are in poor condition due to age or prior root pruning, and it is likely that the existing trees will continue to cause damage to the sidewalk due to the undersized tree wells. This will, in turn, require additional sidewalk repair in the future. City Staff has collaborated with DUSD staff to propose the funding and construction of a project to replace the existing sidewalk in its entirety. The project, if approved, would provide a finished, uniform streetscape to match the on-site high school building, site, and landscape improvements, would eliminate the need for additional near-term sidewalk replacement due to tree root damage, and would help sustain the existing street tree canopy. The project would extend from the intersection of Brighton Drive to a point approximately 600' to the north, to the northerly limits of the existing Phase 2A construction (Attachment 1). The project will include removal and replacement of existing curb, gutter, and sidewalk, installation of a new curb ramp at the Village Parkway/ Brighton Drive intersection, larger 4' x 8' tree wells, and removal and replacement of existing street trees as needed. Based on review by the City's arborist, approximately one-third of the 15 trees along the frontage are in current good health and should be retained, another third are in poor health and should be removed, and the remaining one-third will require further review once the project is underway and the root system can be inspected. Any trees that are removed will be replaced with a new tree. Tree wells with new trees will be provided with a root barrier, and in all cases the larger tree wells are expected to contribute to the health of the tree and reduce the potential for sidewalk damage from roots. DUSD will allow the City a temporary connection to the on-site irrigation system to provide water for establishment of the new trees. Those portions of the sidewalk recently replaced by DUSD and LAVTA can be saved and incorporated into the overall project. Page 2 of 3 Staff is proposing that the City Council consider and approve the proposed Cooperative Agreement between the City of Dublin and the Dublin Unified School District for the design and replacement of a sidewalk and associated improvements on Village Parkway at Dublin High School (Attachment 2). Staff is also requesting City Council approval of a contract with Carroll Engineering, Inc. to complete the design work for the high school sidewalk replacement (Attachment 3). Carroll Engineering, Inc. is currently the civil design consultant to DUSD for the Phase 2A and future Performing Arts Center work at the high school, is familiar with the site, and has completed extensive survey and base mapping work that can be utilized for the sidewalk design. The cost of the work is estimated at $105,000. The additional scope of work will be added to the 2010-2011 Sidewalk Repair Project (CIP No. 949102). DUSD has indicated it will contribute $35,000 from the high school upgrade budget toward the cost of the work. Staff recommends that $70,000 in unappropriated Measure BBicycle /Pedestrian reserves be utilized to fund the remainder of the cost. The City Council will consider a budget change (Attachment 4) which will: increase the appropriation for the project and recognize the revenue from the School District contribution. The Dublin Unified School District Board was scheduled to review the agreement at its' meeting of September 28. District staff recommended approval of the agreement. Staff will provide an update of the Board's action at this meeting. The City will bid the high school frontage work as part of the overall sidewalk repair project. The work is proposed to be completed in early April 2011 while the high school is closed for Spring break. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Copy of the Staff Report was provided to Kim McNeeley, DUSD. ATTACHMENTS: 1. Location Map 2. Resolution Approving the Cooperative Agreement Between the City of Dublin and the Dublin Unified School District for the Design and Replacement of a Sidewalk and Associated Improvements on Village Parkway at Dublin High School, together with Exhibit "A", Agreement 3. Resolution Approving the Consultant Agreement for Design Engineering Services with Carroll Engineering, Inc., for Work Related to Sidewalk Replacement at Dublin High School under the 2010-2011 Sidewalk Safety Repair Program, CIP Project 949102, together with Exhibit A", Agreement 4. Budget Change Form G:\DEVELOPMENT, PRIVATE\Dublin High Master Plan\staff report Co-op Agreement 10-05-10.doc Page 3 of 3 Di~~,ilin I-lir~~? ~~hnn~ - \,/!!!age Parkln?? ~i ~iriaSn??II~ RAr13~amAnt P~QJeCt ~ X ~ I b (t A , r. r ~ ~ i af,. y - a A ~ g '~~1 ' ~ lee= 1' a" V . y O ~ ~ 3rd `"M RICKC U~-"~.~°~ y+ ~ ~ ~ ~ ~ ' fir' '~~t-' E r t' ; " ~ rI i ~ ~ ~ JYy , T j ~ l e r ~ ~ ~ . ~ ` ~ ~r ~_a- . Y ~ ~ H' ~SCFiO L ~y~, w' + °~a 1 . / ~ y. , m ~+P ase ~ ~r F~ v , k High Schoo ~ r ~y A ' ~ ~ . f~?~"~;~, A ~ o ~ Construction .r , f ` v .yt ~ t _ ~ f , ~ ,.,at.1 ` L ~ ~ ~ ~ "11 a~ _ c= , "ti m.. • ~ T ~ ~ ~ . a ~ fl l7 ~ 4 • ~ s ,~':`.m'~.n a 'H T O N D R 1 V~ `y'""+~ ,'1,~ y.. 11 r J : : 1 q ~ ~i err ~ f _ , v ~~qq ,~~~-cam' ` ~ p, m ~ F"P'~ ~I. ~ ~...~1r~`.. .j v _~Z Ik 'ale, yCu:)~y~ °'~16 z't J ~~.1 I ~ ?~J~ tl~ ' ~ ~ , ~ ~F A, y~ ' , ° ~ ~ ~ ~ ,r r, err: '~~k ~ ~ l~L * ~ a"' _ D A ~ ~ e ~A*~ 1 , fib " _ Vii, ~ ;'ire-1`, ~~~j, ~~RT ~ la~a°`~~ , t;. ~ ~ C i,~; w. ~ , ~ ~ ~ !1. yi~ ~ `~k ~ ~ a tip. ~ ~ ~ ~ ~~a~. , _ . - ~ ~ e p ji _ Pr P.^.v .s^.:Nh _ a°°~`wa°`°n9„W~t«" 0 100 200 400 600 800 1,000 1 inch = 300 feet Parcels ~ Limits of Work City of Dublin rma~~evenfo,i~ecNoro w:~~'V M Feet September 2010 a,e Gty nt u~,e~m«e, anc me Cary or aieasanton. a RESOLUTION NO. - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND REPLACEMENT OF A SIDEWALK AND ASSOCIATED IMPROVEMENTS ON VILLAGE PARKWAY AT DUBLIN HIGH SCHOOL WHEREAS, the City of Dublin and the Dublin Unified School District (DUSD) propose to fund and implement a joint project to replace the existing sidewalk along a portion of the Dublin High School frontage on Village Parkway north of Brighton Drive; and WHEREAS, the project will provide public benefits of improved and safe pedestrian circulation and improved streetscape aesthetics through the replacement of deteriorated sidewalk, reduction of future repair costs, and retention of the existing street tree canopy; and WHEREAS, the City of Dublin and DUSD are prepared to enter in the Cooperative Agreement Between the City of Dublin and the Dublin Unified School District for the Design and Replacement of a Sidewalk and Associated Improvements on Village Parkway at Dublin High (Agreement); and WHEREAS, both the City of Dublin and DUSD have identified the funding needed to complete the work identified in the Agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement between DUSD and the City of Dublin. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto as Exhibit "A". BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, together with duplicate executed copies of the Agreement, to DUSD for approval and processing. PASSED, APPROVED AND ADOPTED this 5th day of October, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTACHMENT L ?b V ATTEST: Mayor City Clerk G:\DEVELOPMENT, PRIVATE\Dublin High Master Plan\reso co-op agreement 10-05-10.doc ~~~~i COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND REPLACEMENT OF A SIDEWALK AND ASSOCIATED IMPROVEMENTS ON VILLAGE PARKWAY AT DUBLIN HIGH SCHOOL This Cooperative Agreement ("Agreement") is entered into effective as of 2010 ("Effective Date") by and between the City of Dublin ("City"), and the Dublin Unified School District ("District"). The City and the Agency are collectively referred to herein as the "Parties." RECITALS A. The Parties desire to replace certain existing sidewalks on Village Parkway abutting Dublin High School, located within the City of Dublin, as well as associated improvements (collectively "the Project"), including the installation of a curb ramp compliant with the requirements of the Americans With Disabilities Act ("ADA") and the expansion of nearby street tree wells . B. The Project includes the following work: removal and of replacement of existing sidewalks and associated curbs and gutters, replacement of a curb return at Brighton Drive, installation of a curb ramp compliant with the requirements of the Americans With Disabilities Act ("ADA"). C. The Project also includes installation of new tree wells, trees, root barriers and other items relating to sidewalk landscaping ("Landscaping") The Parties seek by this Agreement to establish the scope of the each Party's responsibilities in the design, funding and construction of the Project. 1. Project Description A description of the location and scope of the Project is attached hereto as Exhibit A, and incorporated herein by this reference. 2. District Obli ations. 2.1 District shall contribute funding in the amount of thirty-five thousand dollars ($35,000) ("District Contribution") to City for use in the design and construction of the Project. The District Contribution shall be made prior to soliciting bids for completion of the Project pursuant to City's obligations in Section 3.4 of this Agreement. 2.2 District shall, at its own cost, provide all staff support for administration and management of the Project necessary to fulfill its obligations under this Agreement. EXHIBIT 1 To the Resolution 1503088.1 2.3 With respect to any newly planted trees planted as part of the Landscaping, District shall permit City to connect to and utilize District's on-site water supply until such time as said newly planted trees are, in the opinion of City's arborist, sufficiently established as to no longer require direct irrigation, for a period not to exceed three years. District shall provide irrigation water at its own cost. Removal or abandonment of the temporary irrigation materials shall be performed at City's cost. 2.4 District shall provide City and its contractor reasonable access to District property for the purpose of removing the existing sidewalk, forming and pouring the new sidewalk, and installing irrigation. Access shall be coordinated with District in advance. 2.5 District shall have final approval of the restoration work performed by City pursuant to Section 3.7 of this Agreement, provided that said approval shall not be unreasonably withheld. 3. Cites bli ations 3.1 City shall provide all funding in excess of the District Contribution necessary for completion of the Project, exclusive of any costs required to be borne by District pursuant to Section 2.3 of this Agreement. 3.2 City shall prepare all necessary planning and design for completion of the Project, including design development, preliminary engineering, final design engineering (including plans, specifications and estimates) ("Project Specifications"). All Project Specifications shall be developed in accordance with City standards and operations and maintenance requirements, as well as all applicable local, state, and federal laws and regulations. 3.3 Upon completion of the finalized Project Specifications, City shall modify its sidewalk repair budget to reflect the costs of completing the Project, exclusive of District Contribution. 3.4 Upon receipt of District Contribution, as provided in Section 2.2 of this Agreement, City shall solicit bids for performance of the work required to complete the Project as described in the Project Specifications, and shall award a contract for the performance of said work in compliance with all applicable state law including, but not limited to, the public bidding provisions contained in California Public Contract Code sections 20160 et seq. Provided that District Contribution is timely made, said bid solicitation materials shall provide that the work must be performed and substantially completed from April 4, 2011 through Apri18, 2011, or at any other time mutually agreed upon by the Parties. 2 1503088.1 (~~3f 3.5 City shall be responsible for construction, construction management, and safety monitoring during construction of the Project. City shall be responsible for ensuring that the contractor corrects all errors, omissions and defects in the construction and installation of the Project to ensure that it completed in compliance with the Project Specifications. 3.6 City shall provide all staff support for administration and management of the Project necessary to fulfill its obligations under this Agreement. 3.7 City shall restore District's property used for the purposes stated in Section 2.4 of this Agreement to its pre-existing condition following completion of construction. 4. Ownership and Maintenance Any facilities constructed as part of the Project shall be owned by City on City property, and by District if on District property. Each Party shall be responsible for maintaining all facilities located on their respective property. 5. Indemnity 5.1 Neither the District, nor any officer, employee, or agent of any of them, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. City shall fully indemnify, hold District, and their respective officers, employees, and agents harmless and defend from any liability imposed for injury occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. 5.2 Neither City, nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by District under or in connection with any work, authority, or jurisdiction delegated to the District under this Agreement. The District shall fully indemnify and hold City and its officers, employees, and agents harmless and defend from any liability imposed for injury occurring by reason of anything done or omitted to be done by the District under or in connection with any work, authority, or jurisdiction delegated to the District under this Agreement. 3 1503088.1 3 6. Amendments This Agreement may be amended by mutual agreement of all parties. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto. Any fundamental alteration to the terms of this Agreement shall be processed as an amendment to this Agreement that must be approved by the Parties. 7. Applicable Law This Agreement is entered into in the State of California and shall be interpreted in accordance with the laws of the State of California. 8. Entire Agreement This Agreement and the referenced Exhibits constitute the entire agreement of the parties on the subject matter of this Agreement. 4 15030881 3I DISTRICT: CITY: Dublin Unified School District CITY OF DUBLIN By: gy. Dr. Stephen Hanke, Superintendent Joni Pattillo, City Manager Approved as to Form: Approved as to Form: By: By. General Counsel City Attorney Attest: Attest: By: By. City Clerk EXHIBITS FOLLOW 1503088.3 5 1503088.1 - Dublin High School -Village Parkway Sidewalk Replacement Project Exhibit A - ` _ 1 , 1 ~ ~ ! I'~~+~/ T ail - ~ i r ~ ERICK COUP-, ~ , + r ~ ~ , ti* LIM ICK~..~~ ~ 1 11... T* . { yP~ i'^m I 4'~I,C~~91Y - ~ J ~ Ys l - F t rs' ~ ~ - ~ ,~,~''"pU.BLI'N.'H'IG,H SCHO+ ~1 { 1 O L _ _ , ~ Phase 2A - ~ >''~f ~ - „z° ~ ~ High School ~ .E ~ •'k ? - o Construction ~s ~ ~ ~ s T at 'iii ~ ~ t H~113'!r - X , . ~ tom,,, i lip ~ ' ~ ~r >>n~ 9 ii i' ~ ~ ? - r ' - 1 d ~ l~ N _ - - I ~ ~ fi ~ ~ +n I o`A'i'~` M' ~ r i ~ R ~ ' Z Gi" . ~ ~ 4't°,__J~, 1'" J ~ c~ ~ - I~. Iv - - J?dC_ - ~ ~ !~n_ ~ i Z~COURT 3. ~ t a--r - ~ ~ ~ a .n ,rd'31~ a. I ~j~ QpR t '~t~+~..~~ ~ r~~ {lL"a r ~ \ ~ _ +~1 . ~ j '.117. ~ ~ ~ ~i~ l'T I t1 ~ a a J(, . - ;g~ i ~ Ty`, ~ ~.,r $ I A , `;may,. { C ® ' ~ i 1~1~~ '..e,^ ! _ ~ , 0 1„ , er ~ ,fir -'3`" EC` '{u , ~ } r . ,erty amersnlp OOUMar es p _~.i.,n,.. a~dra,~amm~gW„~~,".~~~ ~ 0 100 200 400 600 800 1,000 Imagery laacY,tlrcp cUleetedm May 2010 py 1 inch = 300 feet Parcels City of Dublin naweumrmer'noroeci~n, Feet I-Irr11fS Of V1/Ofl( me Gq of uvermoa, a~w me oq or vka=an~on. Septem bef 2010 ~I /b~~al RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING CONSULTANT AGREEMENT FOR DESIGN ENGINEERING SERVICES WITH CARROLL ENGINEERING, INC., FOR WORK RELATED TO SIDEWALK REPLACEMENT AT DUBLIN HIGH SCHOOL UNDER THE 2010-2011 SIDEWALK SAFETY REPAIR PROGRAM CIP PROJECT 949102 WHEREAS, the City of Dublin proposes to enter into the Cooperative Agreement Between the City of Dublin and the Dublin Unified School District for the Design and Replacement of a Sidewalk and Associated Improvements on Village Parkway at Dublin High School to replace the sidewalk along the Dublin High School Village Parkway frontage; and WHEREAS, these improvements are included in the City's Five-Year Capital Improvement Program for 2010-2015; and WHEREAS, the City desires to utilize the services of Carroll Engineering, Inc. to perform design engineering and related services for said project; and WHEREAS, the cost of these engineering services and other project costs will be included in the City's 2010-2011 Sidewalk Safety Repair Program under the terms of the Cooperative Agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Carroll Engineering, Inc. for consulting services. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 5th day of October, 2010. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:~DEVELOPMENT, PRNATE~Dublin High Master P1anUeso carrollengr, 10-05-10.doc ATTACHMENT ~i~~? CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CARROLL ENGINEERING, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Carroll Engineering, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of October 5, 2010 (the "Effective Date"). 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 Effective Date and shall end on June 30, 2011, and Consultant shall complete the work described in Exhibit A on or before 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 referenced 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. 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 $7,600, 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 in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. EXHIBIT Page 1 of 13 To the Resnlutinn 1~~~~ 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 of progress 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; ¦ The Consultant's signature; ¦ Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 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 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 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 Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 2 of 13 i,3~31 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. 2.5 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 A. 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 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 furnish 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, unless otherwise specified below, shall procure the types and amounts of insurance listed below 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. Consistent with the following provisions, 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, and that such insurance is in effect prior to beginning work 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 Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 3 of 13 ~~~ ~~, allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 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 $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provitled, 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. 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 $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplatetl 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 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, 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 a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 4 of 13 is~6~,~ City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowetl by the Consultant c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.3 Professional Liability Insurance. 4.3.1 General reauirements. 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 $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is 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. 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 shall purchase an extended periotl coverage for a minimum of five years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 5 of 13 l6 a~ ~~ ~ 4.3.3 Additional Reauirements. A certified endorsement to include contractual liability shall be included in the policy 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 complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attachetl to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written 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. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a"wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Waiver of Subroqation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 6 of 13 r 1 bb ~, I 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provitle 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 untler 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, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, antl volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees. Notwithstanding the forgoing, to the extent this Agreement is a"construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. 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 Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 7 of 13 /~s~~ ~~~ (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 Not an 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 GoverningLaw. 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 and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 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 ~egally 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. Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 8 of 13 ~9~~3~ 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 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. Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 9 of 13 ~,3~ 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 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 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 California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $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 3 years after final payment under the Agreement. Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 10 of 13 ~lb~ ~ 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 California in the County Alameda or in the United States District Court for the Northern District of California. 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. 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 California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 11 of 13 '~I for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally 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: Bryce Carroll, P.E. Carroll Engineering, Inc. 1101 S. Winchester Blvd., Ste. #H-184 San Jose, CA. 95128-3903 Any written notice to City shall be sent to: Mark Lander City Engineer City of Dublin 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 reporUdesign 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. Exhibit A Scope of Services and Payment Schedule Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 12 of 13 a ~ 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF DUBLIN CARROLL ENGINEERING, INC. Joni Pattillo, Bryce arroll, P.E., City Manager President G~ Z 3 l Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney 872662_8 Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. Page 13 of 13 a~, EXHIBIT A SCOPE OF SERVICES AND COMPENSATION SCHEDULE Consulting Services Agreement between October 5, 2010 City of Dublin and Carroll Engineering, Inc. --Exhibit A Page 1 of 1 ~ CARROLL ENGINEERING, INC. AGREEMENT FOR ENGINEERING SERVICES Amended: September 23, 2010 This Agreement, by and between: CITY OF DUBLIN Attn: Mark Lander, City Engineer 100 Civic Plaza Dublin, CA 94568 (925) 833-6630 /FAX: 925) 829-9248 Email: mark.lander@ci.dublin.ca.us herein referred to as CLIENT, and CARROLL ENGINEERING, [NC. Engineers & Surveyors 1 101 So. Winchester Bivd., Suite #H-184 San Jose, CA 95128-3903 (408) 261-9800 /FAX: (408) 261-0595 herein referred to as CONSULTANT, is for Professional Services in connection with the project described as follows: I. PROJECT: Dublin High School Sidewalk Project - 8] 51 Village Parkway, Dublin, CA Topographic Survey & Design 11. SCOPE OF SERVICES: A. To~oQraphic Survey: CONSULTANT will prepare a ground topographic survey ofthe Village Parkway frontage as shown on the entire bubbled area on Exhibits A, A ] and A2. The survey will consist of the back of walk, curb, top of curb, flowline, lip, pavement spot shots, and bus stops. Datum will be City Datum. B. Off-Site Desi n: CONSULTANT will provide off-site design services for removal and replacement of the existing sidewalk, curb and gutter, conforms to new work and street trees coordination as shown on Exhibits A, Al and A2. CONSULTANT will coordinate with the City and the City Arborist for plan review. New work will extend approximately 630 linear feet along the school's frontage on Village Parkway from the corner of Brighton to the north. The plans will show City standard notes and details sufficient for construction. Plans will also include the design of a new northern driveway as shown on the attached exhibits ifdecided by Dublin Unified School District and the City of Dublin to be included in construction documents. Eight (8) hours of Construction Administration is included. No separate specifications are included. 1101 So. Winchester Blvd., Suite #H-184 San Jose, CA 95128-3903 (408) 261-9800 1 ~6 ~;l lIl. COMPENSATION: CLIENT shall pay CONSULTANT the following fees for the Professional Services performed under II above: A. Basic Services: 1. Topographic Survey 2,600.00 2. Off-Site Design 5.000.00 TOTAL FEE 7,600.00 B. Additional Services: l . In the event that extra work is needed, and upon written authorization from CLIENT, the following hourly rates for CONSULTANT shall be used: a. Principal Engineer $160.00/hr. b. Principal Surveyor $120.00/hr. c. Associate Engineer $140.00/hr. d. Assistant Engineer $1 10.00/hr. e. Draftsman $70.00/hr. f. Secretarial $60.00/hr. g. 2-Man Survey Crew $195.00/hr. 2. Reimbursable expenses shall be paid as follows: a. Reproductions Cost+ 10% b. Postage & Deliveries Cost+ 10% c. Long Distance Telephone Cost+ 10% d. Authorized miscellaneous expenses Cost+ 10% e. Mileage .....................................................................$0.55/mile IV. ASSUMPTIONS AND CONDITIONS: The description of work and associated fees outlined in this Agreement take into consideration the following assumptions and conditions: 1) Records of Survey are excluded. 2) Landscape plans shall be by others. 3) Area lighting plans shall be by others. 4) Any modifications for power, phone or CATV necessary by the construction shall be designed by others. 5) Main extensions for storm lines and surface improvements beyond the immediate areas of design are assumed not necessary and are excluded. 6) Construction Staking services are excluded. 7) Ciry fees are to be paid by CLIENT. 8) An NPDES report and storm water management plans are excluded. Erosion control measures shall be in accordance with accepted practices and shall be the responsibility of the contractor. 1101 So. Winchester Blvd., Suite #H-184 San Jose, CA 95128-3903 (408) 261-9800 2 V. OWNER'S RESPONSIBILITIES: See Paragraph V. Vl. GENERAL: A. Reliance upon provided data: CONSULTANT shall be entitled to rely upon the accuracy and completeness of the plans, services, information and reports furnished by CLIENT. B. Hazardous Materials: Except as provided in this Agreement, CONSULTANT and CONSULTANTS sub-consultants shall have NO responsibility for the presence, discovery, handling, removal or disposal of, or exposure to persons of hazardous materials in any form at the project site or environs, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), fossil fuels or any othertoxic substances. C. Archaeological Findings: Except as provided in this Agreement, CONSULTANT and CONSULTANT'S sub-consultants shall have NO responsibility for the presence, discovery, handling, removal or disposal of, archaeological finds or artifacts in any form at the project site or environs. The above is mutually agreed to this 23rd day of September, 2010, CONSULTANT CLIENT CARROLL ENGINEERING, INC. 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J!`~1a I ~ P K+ ' 's P 340.0.5 0~~ I I ( 70 ~ ~ G 3 e~ , rt I ~ c* g t~~~h' ~y t-~y S P 340.15 E , 1 I i~~.i 34,; ~ ~7fW~YYa~~'1 ®~>El..7lV wLJI~\~'!. ~ . { j? l{ 1 it I _ ~P ~ s Fri. 1 I is , ~ TQ 66 _ ~ ~ SOUTH OE THIS LINE (I~~I ~'~~i ~ ~ (DRIVEWAY fV1AY BE INCLUDED S 1 r~ ~ TC 34o.os ~_3b.as I ~ ~ f I 1 ! ~ -4 0.15 Fl. 339.53 FL 339.35 0.015 I.i tl ' .g _ f • 341.1 ~ ~ - , { ~ ~ - _ TC 34 f• , ~I p~ 3NA I. - _ _ _ FL I„ • e t g r, 0.01 S , ~ ( ~ , ~ O O . I 1 I I ~ , I1 r ' i, ~ g I t t ~ ~ -'iC .341A R ~fl~G~}!"1 VV~~ ~ 9340.5 I t J P 3b.3 O.O~t ~I~R~I` i _ 1 ~ 1+ / f ' ~ / ~ ~ ~ ; TC 339.7! I , , ~ _ r ~ € ~n I 0.0 FL 359.2: II_ ~ ~ 7# _ _ ,_._.~,3~~ z,.~ P319.&S 3 1 l ~ ~ TC 340.05 ~1 I j - R~.~ TC. 34D.05 _ 1-' _ _ 0.015 T1.378.55 4.015 TC 3bA II~ P 3395 / '111llUld I W~ f , _ ~ _ ! 9NI I I ' ~ ~ ~ - - ,~ec~ ' ~ a SaD.3 ; .f D•-6• CURB , , ° p~ f ~ ~ l ' } AT~3NlR$3fT ~N4ROL5 JdAN T~ TC 339.8 ~ TC 339.8 TC J41.0 ! . Q~C- o P 340.5 OA2 ft J39.3 Fi. 339.3 P 3405 S ;1. 0.02 / 11 1 ~~44~°°' i ~~TC 33970f(RIE~' 1 ' ' TC 34085 i I. f ~ Y''JQ ~i; CIIY STANDARD ~ .03 P ~13 v 339 2 _ P 3~Hi.15 _ TC 340.65 E ~ ~ ~ - I ( _ TC 339 4 0.02 TC J41.0 V O~D2 P 340.15 l~ ~ D ~ Y dETAII {Cb-109 I IA OA~ ~2 W10E DRNNACE P 340.5 `b I f 30, 9.85 I~ s OPENING M CURB 0~ ~ \ 24' WB7E/ORNEWAY 1 ~ 1~ 1 ~ ~ P" 0"-6` CURB c~ {TYP} 3 \ (FlRE ACCESS) ~ ~ , I ~ ~ iR~Vi'9TWN TC 340.8 TC 341.D \ O.~ t yb.3 ! , 0. 8 P J4 18 P 340.1 TC 340.75 P 340.3 \ TC TOi 1 I? },~34p,S - 0. ~ ~ ~ _ _ _ - f CtiY 5 I I I 1 1`." ~ i`a l l I I 1 - , ~ QIIR~~TIER, $IOEWNX $ \ I 1~4 I ~ _ 4 o I I _ - _ I I ~ 34 i . i t OfiTAtLI C0-3D2 4.8 0_ I! ~'ii j i ~ , i I ri 0. 2 0.04 ~ ~ t.TS I ' ~ 339. ~ / 340.85 341.0 0015 `,Q~~` 341.3 1 ~ ~ • (~1~-.. 3 R[M 340.9 ° L RIN _ o ~ 340.4 4,~ 0.C CONF TO (E SIDEWKK 341.05 341.2 AT NEST OL JOR4T ~ 3 .85 i . 339. y s ~ , ~ OA2 t ,i ' ~ i ~ 341.2 FF 341.22 3b.e PAO 340.14 3a1.2 02 ' ~ ~ ~ ~ BLDG N a 3 y39.9 AA~w1l? ~ 4 O III R6A ART i _ I d 33885 / .g51 E ~ ~ b ; / 0 341.2 3+1.2 341.2 ~ f I ~ I 1 St1.2 341.15 02 I i ~ 1 ,j ~ t ~ I ~ 341.1 341-2 I~a 3 1.05 e I g7~ 4 ~ ? 34i 15 C~+ y p392 I ~ t t I ~ \I OA 2 ~ 1 .Ot 001 ~ .Ot IE~ ~ I I~I' f HI &Pf3 ~T I N'9 3 ~9 s I I I{ d t ~ i { ~ I , I ~yi,0 341.2 347.13 341.03 j ~ 'i'~¢r~ I` w i , I . 341.2 341.2 I ~t ~ ~ I?C , I;'~ ~sl ` i I FF 341.22 s41.z I ~ l I PAD 340.14 _ BLDG N }?f,{e ~ I ,.12- , ( ~ ART 4 ` ~`I 1 ~1, I +~9 r ~ EXHIBIT Al (~'fREY PAD ELEVATION ~ a{i~q\ i ~,y. ~ 7 }j i} q ~ ~ / 341.2 W/ STRUCTUWIL ORWGS) t5 ~ 11:Ni I !E i Y t 1 I 341.2 Ig _ ~~3~ a.. [ ~ ( ~ 3 4 NORTH '3474 l t 1 C ~ R ~ ~}q y yy JJ,, f ,A. 1t ~ ~ i ~ ~ ~ ~ }t ~ 1 t ~ ~ 1s42~ ~ l ~ ~ ~ Ir ~ w ' ! r ~ ~ ~ /jw ~ ~ (j Tr (4 ;1 ~ 1 t ~ ~ 1 ~ ~ [ t{ ~ ) t 4 ~ Y 2.6 i ~ , : 344.4 ~ "N' "I-, f \ ~ \ „ ¦ yyq ~ i ~ 1 ~ 4 1 1~ ~s ~ ~ ~ ~ ~ 4 ~•i ~ ~ ~ ~ ~ y , , ~ q SURVEY TO BUS STOP ~ ! j ~ t 1 < 4. ! ~ ;NEAR HERE ~ ~ ~ tt. } r ~ I ~ ~ ~ 1, i ~i ~ I~ r 4 2 ~ _ 1 `4F ~/i'j ~ 3'p-3 ~ ! . 3u.z ~ 1 i ' 1 ~ ~ 1 ~ t ~ 7~ x ~ j ~ t I ~ ~ ~ ~ 1 ~ ! t 1 ~1 ' 1 ~ 4 f ~ ~ ~ ~ ~ ~ 9 fi ~3 ! 1 d~ jJ ~ { ~ 1 ~ ~ ~ ~ I - ~l i ~ t 1 r _ ~ fl 1 ~ ~i1 ~ a ~ ~ ~ t .f ~ ~ ~ [j~~ ~ ~ ~ ~ _ ` S~l.q . ~ ~ 3~6 S J ~ 6S ~ ~ ~ ~ ~ ~ ,r f( t t j ~ ~ t _`+~j~ ~ ~~i ~ 1 I! kt 341.7 ~ ' ~ ~ 1 ~I h ~ ~ i a ~ t i ~ ~ "gy~ym ~1 f I~ ' ~ ~ ~Y 3418 _ yS~F i / ,s~*. ~ THIS BUS STOP ! 14~ ~ ;x K~.el s~ r WAS REIVrOVED ~ :y t ~ ~ d r ONFINtM IO t r ~ , t t ~~y C y~ i i~ ( t ANON q M {4 I ~I i i TAP R/d[g~ ~ ~ ~ - 341.5 K , ' .d craw 341 _t s ar.~ 342 ` ~ I ~ ~ ` } TF 340.801 1 # `T y ~ , Q oR w ~ octN cn-~ ' ~ -TCr 34f 3 ~ 3?o s1.0 ~ 5 ~s ~ ~ ~ ~ R 3 C4 SE 5 ~ i I ; ~,I ' ~ ~ ' - - ' ~ - ~ ~ , , t ~ ~ 25 ~ o `i I ~ _ AK 74 _ ~ M. SECiIi1N 6A P 11 k ~ ~~I 11 I r } i t i ~ ~ , j°m-snw - Y. Cat 3~Fp ~e ~ d J OO I I ~ ~ ! t t i ~ ct 130.8gi ~ s ~ >{b"v r, 336.5 A~ 11 T, ii 3 ~ ~ Sp.S•~ , ~ ; n ~ ~ ~ o.aa7 ~ o, oia j ~ I ~ ~ 3443 ~ ~ } ~ AC SECf101a 5 ~ 1C SEC~H%J 5 ,7 ~ TC 0, SWALE ~ " f ^ , 1 ~ ~ ~ ~ I ~ n 347.2 334.15 ~ ~ ~ ,(r l`~I I 1 r Ij i ilT'- 0.023 TC 339:8 TC 339. 0.02 (I i 7 f; ~ ~ 339.3 FL 339.3 j/! I i 3 C i ~i~v Cam.';{ ~ 2' WION~OPENIHG ~~n ,I,~/ ; ~ p ~ ~ ~ 9 ~ ~ C4 ioa orwn?o~, tta .i*,~ 1 I. •n 1 _ I I ci EXHIBIT "A2" CITY OF DUBLIN ~ ~ 3I BUDGET CHANGE FORM FY 2010 / 2011 CHANGE FORM # _ New Appropriations (City Council Approval Required): Budget Transfers: X From Unappropriated Reserves _ _ From Budgeted Contingent Reserve (1001.1901.81101) * Measure B Within Same Department Activity X From New Revenues (DUSD Contribution) _ _ Between Departments (City Council Approval Required) Other DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Name: REVENUE -General Fund- Contributions From Others (DUSD) $ 35,000 GL Account # 1001.0000.49121 Name: EXPENSE -Capital Improvement Project -GENERAL $ 12,600 FUND - 2011 Sidewalk Repair Project -Design Project #949102.9200.9202.1001 GL Account # 3400.9401.64001 Name: EXPENSE -Capital Improvement Project -GENERAL FUND - 2011 Sidewalk Repair $6,700 Project -Inspection Project #949102.9200.9205.1001 GL Account # 3400.9401.64001 Name: EXPENSE -Capital Improvement Project -GENERAL FUND - 2011 Sidewalk Repair $ 15,700 Project -Improvements Project #949102.9400.9401.1001 GL Account # 3400.9401.73103 Name: EXPENSE -Capital Improvement Froject -MEASURE B-BIKE / PED FUND - 2011 $ 70,000 Sidewalk Repair Project - Impvts Project #949102.9400.9401.2205 GL Account # 3400.9401.73103 REASON FOR BUDGET CHANGE ENTRY: This recognizes a contribution to the City from the School District for sidewalk replacement in front of Dublin High School. The change also appropriates funds to construct the improvements as presented to the City Council on October 5, 2010. Fin Mgr/ASD: ~ Date: q ? 3 ~ t7 Sig ature R nr City Mana er: ~c~'~ 'i~C,~ Date: ~ L-~' S' nature i As Approved at the City Council Meeting on: Date: 10/5/2010 Mayor: Date: Signature Posted By: Date: G: ~„dger ~h~,ges~3_zo,o_„~8_,o_s_~a_~~P_S,d~a,~~sD.d~ ATTACHMENT 4