HomeMy WebLinkAbout4.06 Dub Blvd Wid MK CentCITY CLERK
le # 1:116116043a ,
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: JULY 18, 2000
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
Amend Contract Agreement with Mrs.. Centennial for Preliminary
Engineering & Environmental Services and Expand Services for the
Preparation of Plans, Specifications and Estimates for the Widening
of Dublin Boulevard (Village Parkway to Sierra Court)
Report Prepared by: Lee S. Thompson, Public Works Director
1) Resolution
2) Caltrans Audits and Investigations Risk Assessment Letter
3) Amended Consultant Agreement
4) Budget Change Form
Adopt Resolution Approving Amended Consultant Agreement
FINANCIAL STATEMENT: This amended agreement will not change the original amount of the
agreement for Preliminary Engineering & Environmental Services
(PEES). The cost of the proposed expansion of services for
preparation of Plans, Specifications and Estimates (PS&E) is
$267,000 with the total aggregate contract cost of $411,000 for
both services. Funds from the State Transportation Improvement
Program (STIP) in the amount of $411,000 have been allocated and
approved for PEES and PS&E. It was anticipated that $194,000 in
STIP funds would be expended in FY 99-00 and $217,000 in FY 00-
01. Due to scheduling changes, only $144,000 would be expended
in FY 99-00 and $267,000 will be spent in FY 00-01, requiring a
budget change in the amount of $50,000,
DESCRIPTION: On November 16, 1999, the City Council approved an agreement
with MK Centennial to perform preliminary engineering and environmental services on a time and
material to a maximum basis for widening Dublin Boulevard from Village Parkway to Sierra Court. The
City Council also authorized the Public Works Director to sign the agreement when the Consultant met
certain conditions required by the State.
Caltrans, as stated in the Audits and Investigations Risk Assessment letter, has recommended amending
the agreement in line with standard State procedure. It was further recommended to add sections to the
agreement that meet Code of Federal Regulations and the California Code Regulations (CCR) for access
to consultant's documents for the project. In addition, the project has reached the stage when PS&E
documents can be prepared, and thus the amended agreement will expand the scope of services for the
---------------------------------------------------------------
COPIES TO: Ery Koenig, MKCentennial ��
ITEM NO,
g:\engr\mk100\agstmk100 phase I amended
�'1
preparation of PS&E for $267,000. The amended agreement will provide for the PEES and PS&E
services on an actual cost plus fixed fee not to exceed $411,000. This will be paid under a grant from
the State Transportation Improvement Program.
Staff recommends that the City Council adopt the resolution approving the amended agreement and
approve the budget change.
Page 2.
RESOLUTION NO. - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDED AGREEMENT WITH MK CENTENNIAL
FOR CONSULTING SERVICES FOR THE WIDENING OF
DUBLIN BOULEVARD FROM VILLAGE PARKWAY TO SIERRA COURT / CIVIC PLAZA
WHEREAS, the City Council of the City of Dublin approved an agreement for Preliminary
Engineering and Environmental Services with MK Centennial for the Dublin Boulevard project from
Village Parkway to Sierra Court, on November 16, 1999; and
WHEREAS, said agreement is required to be modified for compliance with California State
Department of Transportation Audits and Investigations Unit; and
WHEREAS, the amended agreement also expands the s%cope of services to include the preparation
of Plans, Specifications and Estimates documents for the said project with an additional compensation in
the amount of $267,000 for a total aggregate amount of $411,000; and
WHEREAS, the amended agreement supersedes the agreement approved on November 16, 1999;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the amended agreement with MK Centennial for consulting services.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amended agreement.
PASSED, APPROVED AND ADOPTED this 18th day of July 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:lengrlmk1001resomk100 phase I amended
G�
STATE OF CALIFORNIA-BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Govemor
DEPARTMENT OF TRANSPORTATION
AUDITS AND INVESTIGATIONS
1227 O STREET, SUITE 402
P,O, BOX 942874
SACRAMENTO, CA 94274-0001
TDD: 916 654-3847
FAXB� P: (916) 65M400
1p13LIC
April 14, 2000
Floyd Davis
Project Resident Engineer
City of Dublin
P. O. Box 2340
Dublin, CA 94568
Dear Mr. Davis:
Per your request, we performed a risk; asses ent,,of the draft Local Assistance
Agreement between the City of 'Dublin. and Mk centennial. Based on this risk
assessment, we determined that a preaward audit is not required. However, our
( review indicated the following deficiencies in the draft agreement:
• The draft agreement does not clearly state the method of payment (cost
plus fixed fee, lump sum, or firm fixed hourly rates), The City of Dublin
should determine the appropriate (method of payment and state it
specifically in the agreement.
• The draft agreement does nat contain a record retention clause, nor
does it state that represe.ativese City, State, and FHWA have
access to review the record.;_
• The draft agreement does not incluae _required references to 48 CFR
and 49 CFR. The following clause should be included in the
agreement:
The Contractor agrees that the Contract Cost Principles and
Procedures, 48 CFR, Federal ,4cquisition Regulations System, Chapter
1, Part 31 et seq., shall be used to determine the allowability of
individual items of cost.
The .Contractor also, agree :,:to comply with Federal procedures in
accordance with 49 CFFi', Fart 18 Lln(,�r� Administrative Requirements
for Grants and Cooperative Agreements to State and Local
Governments.
Any costs for which payment has been made to Contractor that are
determined by subsequent audit to be unallowable under 48 CFR,
Floyd Davis
April 14, 2000
Page 2
Federal Acquisition RegulatiVIIs System, Chapter 1, Part 31 et seq., or
49 CFR, Part 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments are subject
to repayment by Contractor to City.
Any subcontract entered into as a result of this contract shall contain all
of the provisions of this article.
Please send us a copy of the executed agreement for our audit files. If you have
any questions, please do not hesitate to contact me at (916) 653-9189.
MAURA F. TW(
Audit Manager
AMENDED STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AMENDED AGREEMENT supercedes and replaces in its entirety an existing
agreement, between said parties, that was made on the 16'h of November 1999. (City Council Resolution
213-99.)
THIS AMENDED AGREEMENT is made at Dublin, California, as of July 18, 2000, by
and between the CITY OF DUBLIN, a municipal corporation ("City"), and MK Centennial
("Consultant"), who agree as follows:
1. ,SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in Exhibit A Phase I and Phase Il. Consultant shall
provide said services at the time, place, and in the manner specified in Exhibit A Phases I and II.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth in Exhibit Be The payments specified in Exhibit B shall
be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all billings for said services to City in the manner specified in Exhibit Be, or, if no
manner be specified in Exhibit B, then according to the usual and customary procedures and practices
which Consultant uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at
its sole cost and expense, furnish all facilities and equipment which may be required for furnishing
services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Agreement. In the event of any inconsistency between said general provisions and any other terms or
conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the
general provisions.
S. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. SUBCONTRACTING. The Consultant shall perform the work contemplated with
resources available within its own organization and no portion of the work periinent. to this contract shall
be subcontracted without written authorization by the City, except that which is expressly identified in the
Consultant's proposal.
7. CHANGES. City may from time to time require changes in the scope of the services by
Consultant to be performed under this Agreement: Such changes, including any change in the amount of
Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as
amendments to this Agreement only when in writing.
Agreement
Page 1 of 2
07/10/00
ATTACHMENi� _ 3
!
)
}
�
�
2
k
�
�
\
m
k
�
�
���_��
§�§$�=�mRt;�a;§;7
k ^� k � (k/
e �) e
- � _£k[
® \� )) � ® "!§2
_ �!«
� §\ - _ � �
\ f �! ! _ _ § ) \ �
®;) k ! |�k ${ § ! k{] .
§Ea ® § � f k k\ �, � - E I2-
al;a! . #- ! � �{!!]! g !�§
}|f� � . _ §7 : E , _
eE :«\ �a ƒ#J a;@ - •«-!
§\]k� §k/ $�[ #�) )( �\�k%I §§ �\\k
){/]{ §){ �Ik k\kf��{�/�k§�H)) �/k�
■;��! 22� (§�( a�a!!m3\)�3!/R{J /§))
§ ƒ ! k ,
MKC Job No. 2262
Printed: 7/6/00 8:44 PM
S U M M A R Y
Dublin Boulevard Widening -Phase 1 and Phase 2 Fee Estimates
Labor
ODCs
Fee
TOTAL
Phase 1 (with adjustments for revised scope)
MKC
$ 441713041
$ 805.00
$ 4,471.34
$ 49,989.75
PAM
$ 16,978000
$ 13,000.00
$ 11697080
$ 31,675,80
Chaudhary
$ 30,880.07
$ 191700,00
$ 31088001
$ 531668008
Kleinfelder
$ -
$ -
$ -
$ _
Fehr&Peers
$ 71178,54 $ 250.00 $ 717.85
$ - $ - $ -
$ 81146439
Haygood
$ _
Subtotal Phase 1 $ 999750.02 $ 33,755.00 $ 9,975.00 $ 143,480.02,
Phase 2
MKC
$ 136,025.28
$ 41100900
$ 13,601.50
$ 153,726678
PAM
$ 13,416031
$ 15,850000
$ 1,341.63
$ 30,607.94
Chaudhary
$ 22,500,00
$ -
$ 21250000
$ 24,750400
Kleinfelder
$ 11,372082
$ 41858400
$ 11137,28
$ 17,368010
Fehr&Peers
$ 17,636058
$ 995.00
$ 1,763.66
$ 20,395624
Haygood
$ 16,449.72
$ 21577023
$ 1,644.97
$ 203671,92
Subtotal Phase 2 $ 217,400.71 $ 28,380.23 $ 21,739.04 $ 267,519.98-
TOTAL =
$ 317,150,73 $ 62,135,23
$ 31,714.04
$ 411,000.00
j:\2262\admin\contracts\budget\Total Fixed Fee.xls Sheetl
EXHIBIT B
PAYMENT SCHEDULE
The method of payment for this contract will be based on actual costs plus fixed fee.
The City will reimburse the Consultant for actual costs (including labor costs, employee benefits,
travel, overhead and other direct costs) incurred by the Consultant in performance of the work,
exclusive of any fixed fee, not to exceed the amount of THREE HUNDRED SEVENTY NINE
THOUSAND TWO HUNDRED EIGHTY FIVE DOLLARS AND N1NTY SIX CENTS
($379,285.96). Actual costs shall be based on the estimated wage rates and other estimated costs set
forth in the Consultant's cost proposal unless otherwise authorized by the City Council in writing.
In addition to the actual costs, the City will pay the Consultant a fixed fee as set forth
and attached hereto in Consultant's (MK Centennial) proposal dated July 6, 2000 in the amount of
THIRTY ONE THOUSAND SEVEN HUNDRED FOURTEEN AND FOUR ($31,714.04). The
fixed fee is nonadjustable for the term of the contract except in the event of a change in the scope of
work and such adjustment is made by contract amendment. The fixed fee shall be billed monthly at
the ration that the Direct Labor Costs incurred during the billing period bears to the maximum total
estimated Direct Labor Cost for this Agreement, with any un-billed fixed fee being paid upon the
satisfactory completion of the scope of services hereunder.
The total amount payable by the City, including the fixed fee, shall not exceed
FOUR HUNDRED ELEVEN THOUSAND AND ZERO CENTS ($411,000.00).
Consultant shall submit invoices on a monthly basis based of the actual cost for
services performed in accordance with the cost estimate included in the Consultant's (MK
Centennial) proposal dated July 6, 2000. The monthly invoices shall also include a portion of the
fixed fee determined in accordance with the provisions of the second paragraph of this Exhibit B.
The total amount, actual cost plus fixed fee stated above, shall be the total which
City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall
not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering
services pursuant to this Agreement
City shall make no payment for any extra, further or additional service pursuant to
this Agreement unless such extra service and the price therefor is agreed to in writing executed by
the City Manager or other designated official of City authorized to obligate City thereto prior to the
time such extra service is rendered and in no event shall such change order exceed twenty-five
percent (25%) of the initial contract price.
The services to be provided under this Agreement may be terminated without cause
at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by
City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents and other materials to the effective date of such termination. In
that event, all finished and unfinished documents and other materials shall, at the option of the City,
become City's sole and exclusive property. Consultant hereby expressly waives any and all claims
for damages or compensation arising under this Agreement. Consultant shall maintain adequate
logs and timesheets in order to verify costs incurred to date.
Exhibit B
Page 1 of 1
07/10/00
EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and
time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility which may involve incurring any direct expense,
including, but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit C
Page 1 of 1
07/10/00
EXHIBIT D
GENERAL PROVISIONS
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 engineering services rendered
pursuant to this Agreement; however, City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement.
2. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all
licenses, permits, qualifications and approvals of whatsoever nature, which are legally required
for Consultant to practice his profession. Consultant represents and warrants to City that
Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his profession.
3. TIME. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the
Consultant's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability
Exhibit D
Page 1 of 5
07/10/00
ejov
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liaty: $1,000,000 combined single limit per accident for bodily
injury and property damage.
(3) Workers Compensation and Employers Liability: Workers Compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1.000,000 per accident.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductibles or self -insured retentions as respects the City, its
officers, officials and employees; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
(1) General Liability and Automobile Liability Coverages.
(a) The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or
on behalf of the Consultant; products and completed operations of the
Consultant, premises owned, occupied or used by the Consultant, or
automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or volunteers.
(b) The Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
(d) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
Exhibit D
Page 2 of 5
07/10/00
(2) Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City.
(3) Professional Liability.
Consultant shall carry professional liability insurance in an amount deemed by the
City to adequately protect the City against liability caused by negligent acts,
errors or omissions on the part of the Consultant in the course of performance of
the services specified in this Agreement.
(4) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled 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.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than AXIII.
F. Verification of Coverage. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.
H. The Risk Manager of City may approve a variation of those insurance requirements upon
a determination that the coverages. scope, limits and forms of such insurance are either
not commercially available or that the City's interests are otherwise fully protected.
5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of 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.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
Exhibit D '
Page 3 of 5
07/10/00
./4
7. 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 removal of any such persons, Consultant shall, immediately upon
receiving notice from City of such desire of City, cause the removal of such person or persons.
8. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to
this Agreement in the manner and 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 his profession. All instruments of service of whatsoever nature which
Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first
class and workmanlike manner and conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to
him, to any subconsultant, to the City, to City officers and employees, or to parties designated by
the City, on account of the negligent performance, unforeseen difficulties, accidents, occurrences
or other causes predicated on active or passive negligence of the Consultant or of his
subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers,
officials, directors, employees and agents from and against any or all loss, liability, expense,
claim, costs (including costs of defense), suits, and damages of every kind, nature and description
directly or indirectly arising from the negligent performance of the work. This paragraph shall
not be construed to exempt the City, its employees and officers from its own fraud, willful injury
or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code
the parties hereto recognize and agree that this Agreement is not a construction contract. By
execution of this Agreement Consultant acknowledges and agrees that he has read and
understands the provisions hereof and that this paragraph is a material element of consideration.
Approval of the insurance contracts does not relieve the Consultant or sub -consultants from
liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
This may included but not limited to:
a) Representatives of the City, State of California Department of Transportation
(Caltrans) or the Federal Highway Administration (FHWA) shall have access to review
all relative documents to the project, including but not limited to accounting records,
design reports, design calculations, construction documents and other documents as
outlined in paragraph 11 DOCUMENTS.
Exhibit D
Page 4 of 5
07/10/00
2e 6�
b) The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., shall be used to
determine the allowability of individual items of cost to be paid by City to Consultant.
c) The Consultant also agrees to comply with Federal procedures in accordance with 49
CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
d) Any costs for which payment has been made to consultant that are determined by
subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments
shall be repaid by Consultant to City.
e) For the purpose of determining compliance with Public Contract Code Section 10115,
et.seq. and Title 21, California Code of Regulations, Chapter 21 Section 2500 et seq.,
when applicable, and other matters connected with the performance of the contract
pursuant to Governmental Code Section 8546.7, the Consultant, sub -consultants and the
City shall maintain all books, documents, papers, accounting record, and other evidence
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract. All parties shall make such materials available at their
respective offices at all reasonable times during the contract period and for three years
from the date of final payment under the contract. The City, State, the State Auditor,
FHWA, or any duly authorized representative of the Federal government having
jurisdiction under Federal laws or regulation (including the basis of Federal funding in
whole or in part) shall have access to any books, records, and documents of the
Consultant that are pertinent to the contract for audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested.
f) Any subcontract entered into as a result of this contract shall contain all of the
provisions %J this article, paragraph 10 GOVERNMENTAL REGULATIONS.
11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or other written documents or materials prepared by Consultant
pursuant to this Agreement shall become the property of City upon completion of the work to be
performed hereunder or upon termination of the Agreement. No such materials or properties
produced in whole or in part under this Agreement shall be subject to private use, copyrights, or
patent rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose (as may be
limited by the provisions of the California Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Exhibit D
Page 5 of 5
07/10/00
CITY OF DUBLIN
BUDGET CHANGE FORM
New Appropriations (City Council Approval Required)
From Unappropriated Reserves
(If Other than General Fund, Fund No -
x_ From New Revenues (unspent FY 99-00 budgeted
STIP funds)
nBCRFASE BUDGET ACCOUNT AMOUNT
CHANGE FORM If
Budget Transfers:
From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
Between Departments (City Council Approval Required)
Other:
INCREASE BUDGET ACCOUNT AMOUNT
Name:
Name: Dublin Boulevard Widening
$50,000
Village Parkway to Sierra
Account #:
Account #: 219-96920-740-078
Name:
Name:
Account #:
Account #:
Name:
Name:
Account #:
Account #:
Name:
Name:
Account #:
Account #:
Name:
Name:
Account #:
Account #:
City Manager:
Signature
ASD/Fin Mgr
Signature
REASON FOR BUDGET CHANGE ENTRY:
Date:
Date: \Z� pv
$50,000 of STIP funds was previously allocated in FY 99-00. Moving these available grant funds to
FY 00-01 will provide a total of $267,000 of STIP funds for the preparation of PS&E.
Mayor:
Posted By:
Signature
Date:
Date:
Signature
n 1N
RESOLUTION NO. 128 - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDED AGREEMENT WITH MK CENTENNIAL
FOR CONSULTING SERVICES FOR THE WIDENING OF DUBLIN BOULEVARD
FROM VILLAGE PARKWAY TO SIERRA COURT / CIVIC PLAZA
WHEREAS, the City Council of the City of Dublin approved an agreement for Preliminary
Engineering and Environmental Services with MK Centennial for the Dublin Boulevard project from
Village Parkway to Sierra Court, on November 16, 1999; and
WHEREAS, said agreement is required to be modified for compliance with California State
Department of Transportation Audits and Investigations Unit; and
WHEREAS, the amended agreement also expands the scope of services to include the preparation
of Plans, Specifications and Estimates documents for the said project with an additional compensation in
the amount of $2672000 for a total aggregate amount of $411,000; and
WHEREAS, the amended agreement supersedes the agreement approved on November 16, 1999;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the amended agreement with MK Centennial for consulting services.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amended agreement.
PASSED, APPROVED AND ADOPTED this 18`h day of July 2000.
AYES
NOES
ABSENT:
Councilmembers Ho}vard, McCormick, Zika, Vice Mayor Lockhart and Mayor
Houston
None
None
None
Mayor
KZ/G/7-18-00/reso-mk-agmt.doc (Item 4.6)
g:lengrlmk1001resomk100phase7 amended
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required): Budget Transfers:
From Unappropriated Reserves From Budgeted Contingent Reserve (]080 799.000I
(If Other than General Fund, Fund No - Within Same Department Activity
x_ From New Revenues (unspent FY 99-00 budgeted Between Departments (City Council Approval Required)
STIP funds) Other:
DF I C RF.ASF R11DGFT ACC nU.NT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT
Name:
Name: Dublin Boulevard Widening
$50,000
Village Parkway to Sierra
Account #:
Account #: 219-96920440-078
Name:
Name:
Account #:
Account #:
Name:
Name:
Account #:
Account #:
Name:
Name:
Account #:
Account #:
Name:
Name: .
Account #:
Account #:
City Manager:
Signature
ASD/Fin Mgr
Signature
REASON FOR BUDGET CHANGE ENTRY:
Date:
Date: l \Z� p�
$50,000 of STIP funds was previously allocated in FY 99-00. Moving these available grant fiends to
FY 00-01 will provide a total of $2673000 of STIP funds for the preparation of PS&E.
Mayor:
Posted By:
Signature
Date: