HomeMy WebLinkAboutReso 217-03 BKF Eng Amd AgmtRESOLUTION NO. 217 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT WITH BKF ENGINEERS
FOR ENGINEERING SERVICES
WHEREAS, on December 19, 2000, the City Council of the City of Dublin approved an
agreement for engineering services with Brian Kangas Foulk Engineers (now known as BKF Engineers)
for Preliminary Design Services for the Dougherty Road Improvements from Houston Place to 1-580; and
WltEREAS, in order to complete the preliminary design and the Mitigated Negative Declaration
for the Project, additional funds are required; and
WHEREAS, BKF Engineers has submitted an Amended Scope of Services and fee estimate to
complete additional field surveys, prepare the precise plan, the Mitigated Negative Declaration, and legal
descriptions and plats for right-of-way acquisition, and the not-to-exceed amount to perform these tasks is
$48,953;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve Amendment No. 1 to the agreement with BKF Engineers, hereto attached as Exhibit "A",
for completion of additional tasks as described in the Amended Scope of Services, hereto attached as
"Exhibit B".
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 4th day of November, 2003.
AYES:
Councilmembers Oravetz, Sbranti, Zika and Mayor Pro Tempore McCormick
NOES: None
ABSENT: Mayor Lockhart
ABSTAIN: None
ATTEST:
K2/G/11-04-03/reso-BKF.doc (Item 4,6)
OAEngr-contract~bkfaXESOAmnd BKF Contract. doc
EXHIBIT "A" OF RESOLUTION ,.~, 7'-03
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND BKF ENGINEERS
FOR PRELIMINARY DESIGN SERVICES FOR THE DOUGHERTY ROAD
IMPROVEMENTS FROM HOUSTON PLACE TO 1-580
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers
(hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on December 19, 2000,
to provide preliminary design services to CITY for the Dougherty Road Improvements from Houston
Place to 1-580; and
WHEREAS, due to changes in the improvements necessary as the result of a future
development project; and
WHEREAS, these revisions necessitate an amendment to the original Scope of Services in
order to complete preliminary engineering and environmental documentation for the project; and
WHEREAS, the not-to-exceed contract amount is proposed to be increased to cover the '
cost of additional work for the amended Scope of Services;
NOW, THEREFORE, the parties hereto agree as follows:
Amended Scope of Services
The Scope of Services shall be modified as described in Consultant's Amended ScoPe of
Services dated October 14, 2003, for the Dougherty Road Improvements, 1-580 to Houston Place
(attached).
Not-To-Exceed
The total cost for work under this amendment shall not exceed an additional $48,953,
bringing the total contract amount to $138,643.
G:kEngr-contmct\bkfkAMNDMENT1 dougherty rd imps. DOC
C~OF DU~~
Mayor
~) Natali~~)
Date: /c~//~ 7//0 ~
October 14, 2003
DOUGHERTY ROAD IMPROVEMENTS
1-580 TO HOUSTON PLACE
CITY OF DUBLIN CIP# 96852
DUBLIN, CA
Amended
Scope of Services
Preliminary Engineering, Surveying and Environmental Documentation
Associated with Dougherty Road Improvements from 1-580 to Houston Place and Dublin
Boulevard from Dublin Court to approximately 1000 feet east of Dougherty Road.
PROJECT UNDERSTANDING
As part of the City of Dublin's (COD) Capital Improvement Program for the fiscal year
2003 -2004, the City is initiating the Dougherty Road / Dublin Boulevard Intersection
Improvements that include work along Dougherty Road from Houston Place to the 1-580
Interchange and Dublin Boulevard from Dublin Court to approximately 1000 feet east of
Dougherty Road. The project goal is to obtain an approved environmental document for
the proposed project.
In order to meet the City goals, BKF Engineers (BKF) proposes the following scope of
services associated with the surveying and mapping, traffic analysis review, preliminary
design, cost estimating and associated work to provide a Mitigated Negative Declaration
Environmental document. A detailed scope of these proposed services is as follows:
Assumptions: The following Scope of Services has been prepared based on the following
assumptions and information that will be provided by either the City of Dublin and/or
their consultants.
1. Geotechnical Services will be provided by the City of Dublin.
2. City of Dublin will provide the Traffic Analysis/Project Justification for this
proj ect area.
3. Environmental Documentation for this project assumes that a Mitigated
Negative Declaration will be adequate for this project.
4. The City has defined a preferred geometric alternative (identified in earlier
phases as alternative 3). This preferred geometric alternative will be defined
as the proposed project requiring environmental clearance.
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PROJECT GOALS
The main goal of the project is to establish a preliminary design in sufficient detail to
support and prepare an approved Mitigated Negative Declaration. The land use along
Dougherty Road includes light industrial and commercial. Focuses ofthe preliminary
engineering services / plan line study will include the following:
· Identify Right-of-Way Acquisition
· Development of Intersection and Roadway Widening Geometry
· Develop proposed sections that accommodate pedestrians, bicycles and parking
· Integrate Bus Stops and Transit Issues
· Incorporate Traffic Study recommendations
· Identify impacts to public and private improvements including effects on parking and
driveway access
· Identify utility impacts
· Develop preliminary cost estimates
CITY PROVIDED INFORMATION
The City of Dublin has available a traffic analysis and some base mapping information.
BKF plans to work in a collaborative effort with the City to utilize engineering work
performed to date and the topographic survey. A summary of information that the City
will provide BKF to conduct the plan line studv is as follows:
.... .i..,,/
., As-builds for roadway facilities, existing utilities, etc.
· Base Mapping as available
· Traffic Analysis including:
Projected peak hourly turning movements
Left turn storage lengths
Level of Service Calculations for existing and future conditions
ADT volumes for existing and future conditions
BKF WORK APPROACH
TASKl
PROJECT MANAGEMENT AND DATA VERIFICATION
BKF's goal of Task 1 is to verify and update the existing base sheets which depict
existing conditions. All existing available information will be collected and reviewed.
BKF will perform field reviews to confirm base sheet data.
TASK 2
PRECISE PLAN I PRELIMINARY DESIGN
For this task BKF will develop a Precise Plan that will be presented to the City Council
for approval. The Precise Plan shall include the accepted roadway geometry, roadway
baseline and survey monument ties.
The preferred geometic alternative will be reviewed to establish utility, loss of parking,
driveway access, and right of way impacts. In looking at the geometry, special design
features will be identified such as, sidewalks, driveways, traffic signal modifications, curb
ramps, lane transitions, etc. Preliminary grading design will be initiated to uncover any
additional impacts. Removal of trees and changes in interior circulation will be identified.
BKF will review the Traffic Analysis provided by the City of Dublin for Dougherty Road
and surrounding areas to ensure that the project conforms with the traffic requirements.
The traffic analysis information will bereviewed to confirm proposed signal phasing and
lane assignments, and provide storage lengths for proposed exclusive tuin lanes.
Coordination meetings will be conducted with the effected utility companies so we can
clearly define impacts to their facilities. These utility coordination meetings will also
provide for open dialog so that we can document any future utility projects.
At the 1-580 interchange, BKF will coordinate the future proposed widening work within
the State Right of Way with Caltrans. BKF's extensive experience with Caltrans will
facilitate communication with Caltrans. This line of communication will allow the City
to thoroughly investigate its options with any future interchangework. BKF will offer to
the City of Dublin alternatives which can minimize Caltrans involvement.
The preferred geometric alternative will be evaluated and updated with the above
developed information. The updated geometric alternative will be used in the
environmental assessment of the project. BKF.will prepare a construction cost estimate
for the preferred alternative.
Plats and legal descriptions will be developed for the right of way takes identified in the
preferred alternative. The plats and legals can be used by the City to initiate the appraisal
and negotiation phase of the project.
TASK 3
ENVIRONMENTAL DOCUMENT
The obj ective of the environmental document is to develop the supporting information
required for the environmental assessment and develop the environmental document for
project approval. For this project, a Mitigated Negative Declaration conforming to
CEQA requirements is appropriate. The environmental document will be prepared by
David Powers & Associates with supporting information provided by BKF.
!~;...."
It is our understanding that the City of Dublin will provide BKF with the Traffic Analysis
for the DublinIDougherty intersection and for Dougherty Road. No traffic modeling is
included in our scope of services.
The following traffic elements are critical to the environmental assessment. Listed is
information to be provided to BKF from the City of Dublin. BKF will review this
information and compile the data for incorporation into the environmental document:
· Peak Hourly Turning Movements
· Left Turn Storage Lengths
BKF will prepare a traffic impact summary based on the City provided Traffic Analysis.
The summary will be used as a supporting document for the environmental document.
Geocon will prepare a Site Assessment and perform hazardous material testing on two
know automotive sites in order to identify significant issues that will require mitigation.
The main issues that will be addressed in the Mitigated Negative Declaration include the
following, aesthetics, air quality, biological resources, cultural resources, geology and
soils, traffic circulation, parking, access to businesses, hazardous materials, hydrology
and drainage, land use, and noise and vibration. Other considerations for the Mitigated
Negative Declaration are identifying access and driveway needs, establishing a tree
inventory, identifying loss of parking, and reviewing preliminary proj ect grading.
TASK 4
PROJECT PRESENTATION
The Project Presentation phase includes the following services:
· BKF to present project findings to City Staff
· David Powers & Associates to prepare Mitigated Negative Declaration Report
summarizing findings and mitigation requirements
· David Powers & Associates to update the Mitigated Negative Declaration Report with
City comment incorporation
· Prepare Project Exhibits for Public Presentation and City Council review
· BKF and David Powers & Associates to attend and participate in Public Information
Meeting
· BKF to attend Public City Council Meeting
UvLUUC;IL.U, ,"VV\J \,,",,,v'''''--J
DOUGHERTY ROAD IMPROVEMENTS
::NVIRONMENTAL APPROVAL PROCESS
DUBLIN, CALIFORNIA
BKF Engineers
4780 Chabot Drive, Suite 104
Pleasanton, CA 94588
l..MI:=NDED SCOPE OF SERVICES - Additional hours requireq to complete Tasks 1 -4:
)ougherty Road Improvements from 1-580 to Houston Place
rASK 1: PROJECT MANAGEMENT & DATA VERIFICATION
rASK 2: PRECISE PLAN / PRELIMINARY DESIGN
rASK 3: ENVIRONMENTAL SUPPORT
rASK 4: PROJECT PRESENTATION
PIC CREW PM ENGR III ENGR (I ENGR I DRAFT CLER TOTALS
fA$:I(:t: . : : .. ... .....,..., :::::>::Z::::::::::::::>:::::~4:;::::::>::;::>~::::::::::::::>::>1$::::>:>::::::::::():::::::::::::;::::~2.>:>::::::;:::::~:::::>:>:::::>O::;:::: .. ........ , . .::<.:87
~~k~..............H . ......................... . ..11....... .........&....<.......~.~.............>...3~.....<..<j1......)......~~...............4.~....................~..............)....<.... 2~~
r ASK 4 9 0 13 6 0 3 8 2 41
SUBTOTAl>:
.... ......
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:361>
,......, .
....... ..
H()tJF{LY: :RA:l:IE,:::::::::::':::::::::::::::,: 15$:::::::::.:::::'::: 19.4::::::::::::::: 1:1~::::::::::::::::::::1 ~~:::::::,:::::::::' 97:::::::::::::::::: ~$:::::::.::::::: :9.4:::::::.:::::::.: :48:
HR$>x..RATE: ,.'
.:.:::::: :3.;634::::::::::::: 4;65G.:::. : 1:1 :;oi)a:::::::::::::: 6jB:4e:: :::::: A~2~a>::: :::5.A~Q::::::: :5.;3~g:: :::::::::: :::!36.
Subtotal =
$41,109
Subconsultants
Title Company (2 Reports)
GeoCon (Site Assesment & Haz Mat Testing)
D?";ri Powers & Associates, Inc.(Mitigated Negative Declaratlon)
1,550
4,800
i7,750
24,1 OJ
Subtotal =
Dir\::<ct Cost:
Reproduction, mileage & deliveries (estimated @ 4%)
Computer 100 Hours @ $9.00 Hr.
1,644
900
2,544
$2,544
Subtotal =
$67,753
Total fee to complete amended scope of services =
Original December 19, 2000 Agreement budget =
Services rendered to date under original Agreement =
Budget remaining from original Agreement =
$89,690
($70,890)
$18,800
Additional budget increase to original Agreement
($67,753 less $18,800) =
$48.953 I
Revised Agreement budget =
$138,643
Assumptions:
1. Existing aerial base is sufficient for this phase of work.
2. City to provide traffic ADT, LOS and storage lengths for consultant review & incorporation into Neg Dec.
3. The environmental document for this project will be a Negative Declaration in conformance with CEQA requirements.
4. City to provide any required geotechnical information.
5. BKF to provide required plats and legals for right of way acquisitions. City to provide right of way appraisal
and negotiations.
tA$~:.1::H: ..
fASK 1.1
fASK 1.2
fASK 1.3
fASK 1.4
fASK 1.5
!:)~~Q4~$qT:M~A$$M$.~m:~j:~~TA:Y$~iflP.#:T'P~::::~::~~:::::~::~
Attend project meetings (Assumes 3 meetings)
Collect & review current available record data & reports
Conduct field review to verify current features
Research, resolve & update two right of way parcels
Perform supplemental survey for cross sections & environmental related features
f:A~:!<:: 1:)::::: ... :::::::: :::::::::::: ::::: ::::::: ::g:::::: :::::::: ::::::::::::: ::::: ::::::::::::::: ::~::::: ::::::::::::: ::::::::::::::::::::::::: ::::::::::::::: ::::: ::: :::: :::::: ::::: :::::: :::::: ::::: :::::: :::: ::::::::::::::: ::::::::::::::::: ::::::::::::::
fASK 1.2 4 8
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fASK 1.4 4 4 8 3
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PIC CREW PM ENGR III ENGR 1/ ENGR I DRAFT CLER TOTALS
:->8
12
::-::4:
19
:::::<44'
3t)E3r{)rA~:::::::::::::::::::::::::::::::::: ::::::::::2::::::::: :::::::::::: :24:::::::::::::::: ::2():::::::::::: >:::::::1 t):::::::::::::::: ::::: q::: ::::::::::::: :2~>:::::::: :::::: ::$:::::::::::::::::::: :(}::::::::::::::: ::::: .....::::: B7
~b~RLY:RATE::::::::::::::::::::::::::::::1:$.~:::::::::::::::::::1:94:::::::::::::::1:2~:::::::::::::::::::)b~::::::::::::::::::gf:::::::::::::::::6S::::::::::::::::94:::::::::::::::::;48:
4F:i$::X:: :RArE:: ::::::::::: ....:::::::: :~:1:6:::::::::::::: :4.;~$6:::::::::: :2;5~q:::::::::::::::::1;7. 44:::::::::::::::::::: :0:::::::::: :1:;$1:0::- :::: ::::::~~~::::::::::::::::::::o:::::::::::::::::: ::::::::::11 ;428
Total Task 1 $11,428 I
tA$K::~:::::: :.::.:.:.p~$.~I$$..~~AN.:r:.~~~qM~~AJ{!\(.P$.$1I$~:.::::.:.::::..:::::..:::.:::.::..::::::::::
TASK 2.1
TASK 2.2
TASK 2.3
T' '< 2.4
1 .2.5
TASK 2.6
TASK 2.7
TASK 2.8
TASK 2.9
TASK 2.10..
TASK 2.11
TASK 2.12
Modify geometric alternative per review of City provided traffic analysis
Identify access / driveway needs
Identify tree and parking removal locations
Review grading considerations
Review and update preferred geometric alternative per current data
Identify utility system impacts
Coordinate meetings with the effected utility companies
Coordinate work and meet with Caltrans for interface at the Route 580. interchange
Incorporate Caltrans comments for work within State right-of-way
Prepare cost estimates
Develop a Precise Plan (includes accepted roadway geometry, roadway baseline, survey monument ties)
Provide plats & legals for right of way acquisition parcels (assume 9 parcels)
PIC CREW PM ENGR III ENGR II ENGR I DRAFT CLER TOTALS
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TASK' 2:2' .... ............................................ '1' ., . . . ... . .. . ..". . . .. .. ......"... 3 . . 4
+~~~:::~:~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1:::::::::::::::::::::::::i:::::::::::::::::::::::::::::::::::::::::::::!:::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::t:
+~~~:::~~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:::::::::::::::::::::::::~::;::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::A:::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::t~:
+~~~:::~:~:::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::~:::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1:6:
TASK:iMI:::::::::-::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::2:::::::::::::::::::":::::::::::::::::::::::::3::::::::::::::::::4::::::::::::::::::2::::::::::: .. .......::....".. .:::tt
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TASK '2~12'" 4 .... 16 ..,.. 24 16' .......12 32 104
EiiJi3TQrA~
. . . . . . . . .
........ ,
"11
:0::::::4((:::: ::$:9>....
::3:1:::::::::39
:::0.:
:::20i3
::4p::
HQ:tJRLY:RATE:':::' ::::<:::::::::"::::::158:.::::: ::'::::::1"94:::::: :::::::128:::::' :::::::::::1:09:::::: ':::::::::9:(:::::: ::::::::::85::::::' ::::':.94:::.. ::::::::::48::
.: ::::: ::::: ::2:~. :!$~:
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"'2", '~", i
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Total Task 2
T;$K.~;: .. ::~NVIRP~Nt$.l'ftAIi.:$1liPRP~iU..
TASK 3.1
TASK 3.2
TASK 3.3
TASK 3.4
TASK 3.2
TASK 3.4
~li6't(rt:A~
Review Estimated Average Daily Traffic (ADT) for current and future conditions for Neg Dec
Review Level of Service Analysis for current and future conditions for Neg Dec
Review Left turn storage lengths for current and future conditions for Neg Dec
Assemble traffic data for incorporation into Neg Dec document
PIC
CREW
ENGR III ENGR II ENGR I DRAFT CLER
TOTALS
PM
6
4
2
10
6
1
3
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27
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.......... .
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85-:-::
94:::::::: :-::::46::
.:1:09:::':::9T:-:: ...
:HOURLY:RATE::::'
............,.. -......
::158
::::0:-: :::t;6~4::::::::::::::.:O :::1:i2~5:1::::: . . .
-::0:: ::::-:::0: '..
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:SiOB3:
:HR.$)<:RAT:E::: . .
Total Task 3
$3.083 I
tj,\$t<U~sH
fASK 4.1
f ASK 4.2
fASK 4.3
fASK 4.4
fASK 4.5
fASK 4.6
......~R9J.$,PT)~R~~gt(tAtIP~iiU.......i. :.:.
Present project findings to City Staff
Prepare Mitigated Negative Declaration Report summarizing report of findings & mitigation requirements
Update Mitigated Negative Declaration Report with City comment incorporation
Prepare Project Exhibit for Public Presentation and Council review
Attend & participate in Public Information Meeting
Attend City Council Meeting to present proposed project
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f ASK 4.2 4 4 2 10
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fASK 4.4 1 2 3 8 14
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fASK 4.6 3 3
SUBTQTAL::
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..............................................................................................................................................9.4....................4..8...
::::::::: 1: Ei8: >:::::::::::::::: 1:~4:::::::::::::> t2:f!:::::::::::::::::::: :1:q:~:::::::::::::::::: ~7::: :::: >:::::::: :~~::::::::::::::::.....::::::: ::-:::::::::. . .::
"i~s::: X:: :RP.;TiZ::::::::::::::::: :::::::::: :1:;42~::::::::::::::: :::::::: ::q:::.:::::::1 :;~e4::::::::::::: ::::: ::6:54:::::::::::::::::: :q::::::::::::::: 255::: ::::: ::::: 752::::::: ::::::::::: :9.6: ::::: ::::::::::::::::: :::::::~ ;~4:3:
Total Task 4
$4,843 ,
,~,
(
STANDARD
CONSULTING ENGINEERING SERVICES AGREKMENT
THIS AGREEMENT is made at Dublin, California, as of December 19, 2000, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and Brian Kangas Foulk
("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. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth in Exhibit B. 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 B; or, ifno
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. GENER.,b,L PRO\TISIONS. 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.
5. 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 pertinent 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 onlyi.l'Nhen in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project
for the duration of the project/There shall be no change in the Project Manager or members ofthe project
--team-without-prioFwritten-qppFovalby-th e-Gity. -1'he-Project-M8J1ager- for--Gonsultantshall-beNatalina
Bernardi.
Agreement
Page 1 of2
12/} 1/00
____Z_,L.~___._.__~.._.
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9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S.
THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. NOTICES. Any written notice to Consultant shall be sent to:
David Richwood, Vice President/Principal
Brian Kangas Foulk
4780 Chabot Drive, Suite 104
Pleasanton, CA 94588-3323
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
100 Civic Plaza
Dublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLD\f,
a muni!C'1pcl cOl1;?orati9n
By / h //(f IM9Mi!~
() "City"
Attest:
By
Approved as to form:
clA/;~~ ~Z{\_ IkI2r--
City Attorney
Agreement
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
Per BKF Scope of Services proposal dated November 21, 2000 for the Dougherty Road
Improvements from 1-580 to Houston place ,- Proposal A only (attached).
Exhibit B
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EXHIBIT B
PAYMENT SCHEDULE
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City shall pay Consultant an amount not to exceed the total sum of EIGHTY
NINE THOUSAND SIX HUNDRED AND SIXTY DOLLARS ($89,690) for services to be
performed pursuant to this Agreement. Consultant shall submit invoices on a monthly basis.
The total sum stated above shall be the total which City shall pay for the services
to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum
for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this
Agreement*
City shall make no payment for any extra, further or additional service pursuant to
this Agreement unless such extra service and the price therefor is agreed to in writing executed
by the City Manager or other designated official of City authorized to obligate City thereto prior
to the time such extra service is rendered and in no event shall such change order exceed twenty-
five percent (25%) of the initial contract price.
The services to be provided under this Agreement may be terminated without
cause at any point in time in the sole and exclusive discretion of City. If the Agreement is
terminated by City, Consultant shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials to the effective date of
such termination. ,In that event, 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 compensatioI!- arising .under this Agreement.
Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date.
Exhibit B
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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';'inthe-sole'lllscretion 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
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant
shalllfe-anindependent contractor and shall not be an employee of City. City shall nave the right
to control Consultant only insofar as the results of Consultant1s engineering services rendered
pursuant to this Agreement; however, City shall not have the right to control the means by which
Consultant accomplishes services r~ndered 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, atms sole cost and expense, keep in effect at all times during the term of this Agreement
any licenses, permits, and approvals which are legaIly 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 REOUIREMENTS. 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. MinimumLimitso[lnsurance. Consultantshall maintainlimitsno less than:
Exhibit D
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(1) General Liability: $1,000,000 combined' single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this proj ectllocation or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 combined single limit peraccident for bodily
injury and property damage.
(3) Workers Compensation and Employers Liability: Workers Compensationlirnits
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 eliniinate 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:
Exhibit D
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(1) General Liability and Automobile Liability Coverages.
(a) The City, its officers, officials, employees and volunteers are to be covered
as additional 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.
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(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.
(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 at an amount of $2,000,000
to 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 cancelled. In the event the insurance coverage or limits are
reduced, the Consultant shall give the City thirty (30) days prior written notice by
certified mail, return receipt requested.
E. Acceptabilitv of Insurers. Insurance is to be placed with h"1SUrers with a Bests' rating of
no less than A: VIII.
F. V erificationof 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 ofal! 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.
Exhibit D
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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.
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 Consultant1s 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 sub consultant, tothe City, to City officers and employees, or to parties designated by
the City, on account ofthe negligent performance or character ofthe work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of
the Consultant or of his sub consultant. Consultant shall indemnify, defend and hold harmless the
City, its officers, officials, directors, and employees from and against any or all loss, liability,
expense, claim, costs (including reasonable costs of defense), suits, and damages olevery kind,
nature and description to the extent 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 ofthe insurance contracts does not relieve the Consultant or subconsultants from
liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement maybe 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 pro gram.
11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or other wlltten documents or materials prepared by Consultant
pursuant to this AgreementshaH become the property of (;-ity upon completion of the work to be
performed hereunder or upon tern1ination of the Agreement. No such materials or properties
Exhibit D
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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 .
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