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HomeMy WebLinkAbout4.03 Historic Pk Phase 1 fr CITY CLERK ,, Fife # & Op - 3O 19 a.* 82 %21t11' AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 2008 SUBJECT: Amendment to the Consultant Services Agreement for Geotechnical Engineering, Dublin Historic Park-Phase I Report prepared by: Herma Lichtenstein, Parks & Facilities Development Manager ATTACHMENTS: 1. Resolution Approving the Amendment to the Agreement with ENGEO Incorporated RECOMMENDATION: Adopt Resolution approving Agreement FINANCIAL STATEMENT: The proposed fee for services is based on a not to exceed contract of $38,000. Sufficient funds are available in the project budget to execute the Amendment. DESCRIPTION: The City is party to an Agreement with ENGEO Incorporated for geotechnical services for the Dublin Historic Park. The Original contract scope dated March 7, 2008 in the amount of $12,200 included soils testing and evaluation for building suitability at the site and final geotechnical design recommendations for the proposed Dublin Historic Park Phase I. The proposed Amendment to the March 2008 Agreement is for geotechnical inspections during the construction of the new Dublin Historic Park Phase I. ENGEO Incorporated has completed the preparation of the baseline geotechnical report for the design of the Dublin Historic Park Phase I and provided recommendations for the overall foundation criteria for the Kolb Ranch relocation. RECOMMENDATION: Attachment 1 is a Resolution approving the Amendment to the Agreement between the City of Dublin and ENGEO Incorporated. The proposed additional scope and fees as well as the original Consultant Services Agreement, is shown as an attachment to the Resolution. Staff recommends that the City Council adopt the Resolution approving the Amendment to the Agreement. COPY TO: ENGEO Incorporated Page l of l ITEM NO. 1/% 3 ENGEO GEOTECHNICAL ENVIRONMENTAL WATER RESOURCES I N C O R P O R A T E D CONSTRUCTION SERVICES Project No. 8268.000.001 March 13, 2008 Revised July 16,2008 Ms. Hernia Lichtenstein Parks and Facilities Development Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Dublin Historic Park,Phase I Dublin Boulevard and Donlon Way Dublin,California PROPOSAL FOR GEOTECHNICAL ENGINEERING SERVICES Dear Ms. Lichtenstein: At your request, we are pleased to present this proposal for providing testing and observation services during site grading and improvement installation and observations during foundation construction for the Dublin Historic Park,Phase I. ENGINEERING AND TESTING AND OBSERVATION SERVICES According to the schedule provided from Royston Hanamoto Alley & Abey (RHAA), your project architect, the demolition at the site will be conducted on July 1 through August 15, 2008, and the site grading and improvement will be conducted between November 15 through December 15, 2008. As shown on the grading plan (Sheet C2.00, dated July 7, 2008) by BKF, the site grading consists of minor cuts, up to 2,168 cubic yards, and fills, up to 4,021 cubic yards to establish building pads for the eight buildings/structures, including a main house, old house, Sunday school barn, hay barn, pump house, wood shed, trash enclosure shed and transformer shed. Imported fill is anticipated to achieve site grades. As shown on the site utility plan, Sheet C1.00, the improvements include the installation of storm drain, water, sanitary sewer, and fire water lines. Based on this schedule and a brief review of the grading and improvement plans, we estimate the time for demolition will be 5 days, site grading will be 10 days and improvement installation will also be 10 days. We propose to perform our services on a time-and-expense basis in accordance with our current Preferred Client fee schedule. The actual number of hours required and tests necessary are anticipated to vary due to the contractor's actual progress and conditions encountered. EXHIBIT A - AMENDMENT TO THE AGREEMENT 2010 Crow Canyon Place•Suite 250•San Ramon,CA 94583-4634•(925)866-9000•Fax(888)279-2698 www.enaeacnm 3 0A a I City of Dublin 8268.000.001 Dublin Historic Park,Phase I March 13, 2008 PROPOSAL FOR GEOTECHNICAL ENGINEERING SERVICES Revised July 16, 2008 Page 2 The scope of services for this phase includes the following: 1. Review of grading and improvement plans and foundation plans. 2. Observation during site demolition activities. 3. Testing and observation(T&O) services during grading operations. 4. Testing and observation services during improvement installation. 5. Geotechnical observation services during foundation construction. 6. Geotechnical consultation, attendance at meetings and preparation of final testing and observations reports. FEE ESTIMATE 1. Review of Grading and Foundation Plan Set Consultation during plan development and review of grading and improvement plans and foundation plans. $3,000 • 2. Testing and Observation during Demolition, Site Grading and Improvement Installation (Estimate part-to full-time over 25 days) We will make periodic site visits during demolition activities to observe removal of footings and underground utilities. This will provide us an opportunity to observe the extent of excavations required to remove existing footings and utilities. Site grading anticipated at the site includes minor cuts and fills to provide drainable building pads and building pad preparation. Improvements anticipated at the site include backfilling of utility trenches, parking area subgrade preparation, placement of aggregate base and asphalt concrete. The testing and observation services fee estimate was estimated utilizing a part-to full-time field technician, site visits by a field manager and project engineer, and laboratory compaction tests of site soil materials. The actual time required and number of tests necessary may vary due to the contractor's actual progress and conditions encountered. Our T&O services are intended to confirm that the work performed has been accomplished is general conformance with the recommendations as contained in our geotechnical exploration report, the project grading plans, and supplemental recommendations provided during grading. $28,000 City of Dublin 8268.000.001 Dublin Historic Park,Phase I March 13,2008 PROPOSAL FOR GEOTECHNICAL ENGINEERING SERVICES Revised July 16,2008 Page 3 3. Observation Services for Footing Excavations Site visits to confirm that footing excavations expose suitable materials and extend to appropriate depths. $2,500 4.Final Reports A final report will be provided at the completion of each phase(total 3 reports) $4,500 FEE SUMMARY Review of Grading and Improvement Plans and Foundation Plans $ 3,000 Testing and Observation during Demolition, Site Grading and Improvement Installation $28,000 Observation Services for Footing Excavations $ 2,500 Final Reports $ 4,500 Budget Estimate $38,000 If you are in agreement with the scope of services and fees outlined in this proposal, please send a copy of your Consulting Services Agreement as authorization to proceed. Work will not commence without prior receipt of an executed agreement. We look forward to working with you on this project. If you have any questions regarding the scope of our services,please do not hesitate to contact us. Sincerely, ENGEO Incorporated 7/Macy T g Donald E. Bruggers mt/cjn Enclosure: Preferred Client Fee Schedule GEOTECHNICAL ENVIRONMENTAL WATER RESOURCES I N C O R P O R A T E D CONSTRUCTION SERVICES PREFERRED CLIENT FEE SCHEDULE Effective April 2008 PROFESSIONAL SERVICES President $250.00 per hour Principal Engineer/Geologist $198.00 per hour Associate Engineer/Geologist $175.00 per hour Senior Engineer/Geologist $155.00 per hour Project Engineer/Geologist $138.00 per hour Staff Engineer/Geologist $120.00 per hour Assistant Engineer $95.00 per hour Construction Services Manager $120.00 per hour Senior Construction Services Technician $102.00 per hour*/** Construction Services Technician $91.00 per hour*/** Environmental Technician $95.00 per hour* Lab Technician/Manager $98.00 per hour* CAD Specialist $90.00 per hour Network Administrator $90.00 per hour Project Assistant $74.00 per hour * Two-hour minimum portal to portal. Travel time,pick-up and delivery will be billed based on normal hourly rates,portal to portal. * OVERTIME RATES:Rates increased by factor of 1.5 for all hours worked in excess of eight(8).Monday through Friday,and the first eight(8)hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in excess of twelve(12) Monday through Friday,all hours worked in excess of eight(8)on Saturday and all hours worked on Sunday and holidays. ** For Prevailing Wage projects,increase the hourly rate by$15. ADDITIONAL SERVICES OFFERED In addition to our core services of geotechnical, hydrologic and environmental engineering, including construction-phase testing and observation, ENGEO provides clients with services for establishment and management of Geologic Hazard Abatement Districts (GHAD)and for Entitlement and Permitting Support(EPS). For more information about these services and associated pricing,please contact ENGEO at(925)866-9000. OTHER FEES • Equipment and materials will be charged in addition to the above hourly rates. • Outside Consultants,Subcontracted Services and Equipment Rental Cost plus 20% • Deposition,Court Appearance(Minimum Charge) $1,600.00 half day $3,200.00 full day TERMS OF PAYMENT Invoices will be submitted at completion of work or at approximately two week intervals and are due and payable upon receipt. Statements will be issued at monthly intervals. Charges not paid within 30 days of invoice date will accrue a late charge at a rate of 1.5 percent per month. In the event it becomes necessary to commence suit to collect amount due,Client agrees to pay attorney's fees and costs,as the court may deem reasonable until amount is paid. 2010 Crow Canyon Place•Suite 250•San Ramon,CA 94583-4634•(925)866-9000•Fax(888)279-2698 wwwengeo.com a) EQUIPMENT AND MATERIALS CHARGES DESCRIPTION COST PER UNIT COMMENTS DESCRIPTION COST PER UNIT COMMENTS UNIT(S) UNIT(S) 12V/24V Water Sampling Pumps 100.00 day pH Meter 3.00 hour 1850 W Generator 50.00 day Photo Ionization Detector 125.00 day Air Content Meter 5.00 hour 4 hr min Pondpac 50.00 hour Air Sample Bags 15.00 each Pressured Bailers with Filters 25.00 each Air Sampling Pump 25.00 day Pump-Diaphragm Surface 10.00 hour All-Terrain Vehicle(Mule) 25.00 hour 4 hr min R Meter(Pachometer) 6.00 hour 4 hr min Anchor Bolt Testing Device 8.00 hour 4 hr min Range Finder 2.00 hour 4 hr mm Bailers(Disposable) 6.50 each Redit)ow Pump with Generator 200.00 day . Brunton Transit 2,00 hour 4 hr min Resistivity Meter 10.00 hour Camera-Digital 10.00 hour Riprap Design 25.00 hour Camera-Disposable 6.00 each Sampling Tubes 5.00 each Camera-Underground 50.00 hour 4 hr min Sand Cone Equipment and Material 25.00 day Camera-Video 10.00 hour Schmidt Hammer 8.50 hour 8 hr min Centrifugal Pump 75.00 day Seismograph 25.00 hour 4 hr min Concrete Bags-50 lbs. 8.00 bag Sitework Modeling Software 50.00 hour g Conductivity,pH&Temp.Monitor 50.00 day i Skidmore Wilhelm Bolt Tension Calib. 5.00 hour 8 hr min Coring-Concrete 85.00 hour 2 hr min Slope Indicator(Inclinometer) 40.00 hour 4 hr min Coring Machine with Generator 30.00 hour 4 hr min I Sondex Instrument 35.00 hour 4 hr min Crack Monitor 10.00 each Submersible Pump 100.00 day DC Purge Pump 25.00 day Terramodel 14.00 hour Diamond Bit Core Barrel-2" 4.75 1/1000 in. Thermometer-Analog 2.00 hour 4 hr min Diamond Bit Core Barrel-3" 5.25 1/1000 in. Thermometer-Digital 5.00 hour 4 hr min Diamond Bit Core Barrel-4" 6.30 1/1000 in. Thin Lift Nuclear Asphalt Gauge 3450 15.00 hour Diamond Bit Core Barrel-6" 7.50 1/1000 in. Torque Wrench 5.00 hour 4 hr min Diamond Bit Core Barrel-8" 10.50 1/1000 in. Track-Mounted Carryall 12.50 hour 4 hr min Dissolved 02 Meter 4.00 hour Transfer Pump 25.00 day Electronic Water Level Indicator 10.00 day Turbidity Meter 55.00 day I Equipment Transport(er) 100.00 hour 4 hr min UT Equipment 17.00 hour EZFRISK 250.00 hour 8 hr min I Vapor Emission Test Kit 23.00 kit Floor Flatness Testing Device 16.00 hour Vector Conversion 60.00 conversion Floor-Level Equipment 3.00 hour Water Distilled 5.00 bottle Generator 100.00 day I Well Development Tool 50.00 day GPS Field Grade(Trimble GEO EXP3) 18.00 hour 4 hr min YSI Water Meter 75.00 day GPS Hand Held 25.00 day GPS Mapping Grade(Trimble PRO XRS) 30.00 hour 4 hr min 1 Bridge Toll actual actual GPS Survey Grade(Trimble 4700) 90.00 hour 4 hr min Parl mg actual actual• Hand Auger and Soil Sampler 100.00 day Mileage 65 mile Hard Hat 10.75 each Trailer 25.00 day ------- • Hydrocarbon Test Kit 40.00 each AutoCAD,Hardware and Software 16.00 hour Hydrogen Peroxide Test Kit 5.00 hour Facsimile 2.00 page I Hydrologic Analysis Software 15.00 hour Photocopies Black&White 1.50 each Ice 2.00 bag Photocopies Color II x 17 1.50 each Interface Probe 100.00 day Photocopies Color 8'A x 11 .75 each Level B Protection 263.00 day/person Plot-Black&White 3.00 square foot Level C Protection 168.00 day/person Plot-Color 3.85 square foot Level D Protection 38.00 day/person Postage actual actual Level D Protection(Modified) 28.00 day/person Reproduction Equipment 50.00 hour • Mason Jars 2.00 jar Scan-Black&White 1.50 each Methane Meter 200.00 day Scan-Color 3.75 each • Nuclear Density Gauge 12.00 hour Telephone .50 minute Nuclear Density Gauge,Laptop and Wireless Communication 14.00 hour • 4-8-08 q2a.coomo - REC CONSULTING SERVICES AGREEMENT BETWEEN APR 0 4 2008 THE CITY OF DUBLIN AND ENGEO ENGEO Incorporated THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City') and ENGEO Incorporated ("Consultant") as of March 7, 2008. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end at the final acceptance of construction of the Shannon Center Project and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City; reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $12,200, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 1 of 13 c),f oZ. ! Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultants 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, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; • The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. • 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (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 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, Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 2 of 13 O� 1 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 fee schedule in Exhibit B: 2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 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, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 3 of 13 to aI 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory.Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, • Consultant may rely on 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 provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1.000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an • Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88)or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile-coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ('any auto"). No endorsement shall be attached limiting the coverage. Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 4 of 13 I ► 02I 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant: premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultants insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000:000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits. except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 5 of 13 lo? aI 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and • expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII, 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 6 of 13 -- -- -- i-3— - -- 1-1---- 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim . administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or Consulting Services Agreement between • City of Dublin and ENGEO Incorporated Page 7 of 13 • )1-11,97\ violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provision's of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the • payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this • Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 8 of 13 Cp 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or • disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon ten days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 9 of 13 written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no ' obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a • determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs. memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 10 of 13 11 %,p21 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until . final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law,from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County Alameda or in the United States District Court for the Ninth 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.. Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 11 of 13 • t OA/ o2) 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 twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of 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; Herma Lichtenstein, Parks and Facilities Development Manager ("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: Donald Bruggers and/orMacy Tong 2010 Crow Canyon Place Suite 250 San Ramon, CA 94583 Office 925-866-9000 Ext. 2535 Fax 925-866-0199 Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 12 of 13 I6' a.) Any written notice to City shall be sent to: Herma Lichtenstein, Parks and Facilities Development Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN CONSULTANT • RICHARD AMBROSE,1S ty'Manager DONALD BRUGGERS Attest: aq) cir City Clerk De.pJ J:Iwpd1FORMSIAGREIstandard consultant services agreement-2001.doc Consulting Services Agreement between City of Dublin and ENGEO Incorporated Page 13 of 13 oo ai EXHIBIT A SCOPE OF SERVICES The elements of our geotechnical exploration will include a review of available information pertinent to the site; site reconnaissance and field exploration; preparation of site development recommendations; and preparation of a geotechnical report. To characterize the subsurface soils, our services will include drilling eight exploratory borings. Three borings will be drilled within the building area to a depth of 20 to 30 feet below grade. As requested, two borings will be drilled within the Dublin Boulevard; one will be within the landscape area along Donlon Way and two will be within the existing parking area to depths of 5 to 10 feet. We will take soil samples for visual classification and laboratory testing. The purpose of borings drilled in the paved areas is to identify the thickness of the existing pavement section (AC and AB) and depth to subgrade soils_ The samples will be reexamined in our laboratory to verify field classifications and will be tested for moisture content, Atterberg Limits or other physical properties as appropriate. Sulfate ion concentration tests will be conducted on near-surface soil samples. Chemical tests of the site soils including full corrosion testing are not included in our current scope of services but can be added upon request. Our report will address the following items: 1. Assessment of geologic hazards at the subject site and in the general project area, as appropriate. 2. Physical properties of the typical soils encountered in the project area. 3. Treatment of geotechnical constraints such as expansive soil potential, and cut/fill transition conditions as necessary. 4. General grading recommendations. 5. Foundation design criteria for the relocated structures and 2007 California Building Code seismic design criteria. 6. Asphalt pavement design recommendations based on an assumed R-value of 5. 7. Surface drainage considerations. 8. Utility trenching recommendations. Consulting Services Agreement between December 5, 2005 City of Dublin and ENGEO Inc.—Exhibit A Page 1 of 1 EXHIBIT B 02 I COMPENSATION SCHEDULE Fee for the geotechnical exploration will be$12,200 and the breakdown is listed as following. Site Visit,USA, Private Utility Locator $ And Traffic Control $ 2,700 Field Exploration $ 3,500 Laboratory Testing $ 2,500 Research, Analysis, Report Preparation $ 3,500 Estimated Total $12,200 This fee is based on utilizing standard rubber-tired drilling equipment or/and portable drilling equipment. The scope of services described above does not include the assessment of environmental characteristics involving hazardous or toxic substances. In the event potentially hazardous materials are identified visually or by odor within our exploratory borings, we will notify you as soon as possible of such an occurrence in order to decide mutually whether to continue, suspend, modify, or cease the remainder of the field exploration program. All costs incurred as a result of encountering suspected hazardous materials would be charged on a time-and-expense basis. J:IwpdIFORMSIAGREIstandard consultant services agreement-2001.doc • Consulting Services Agreement between December 5. 2005 City of Dublin and ENGEO Inc.--Exhibit B Page 1 of 1