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HomeMy WebLinkAbout4.11 Amendment to Consulting Services Agreement with MK Centennial for I-580/Haciendar CITY CLERK File # ❑©❑a❑- .� �`° AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 5, 2001 SUBJECT: ATTACHMENTS: RECOMMENDATION: FINANCIAL STATEMENT: DESCRIPTION: Amendment to Consulting Services Agreement with MK Centennial for Construction Management Services for the I-580/Hacienda Drive Interchange Improvement Project (Modification to Scope of Work and Additional Compensation) Report Prepared by: Lee S. Thompson, Public Works Director 1) Resolution Amending Agreement, along with Exhibit A — Amendment to the Agreement 2) Original Agreement dated June 6, 2000 3) Letter dated March 30, 2001 from Washington Infrastructure 4) City of Dublin letter dated May 7, 2001 to Alameda County requesting additional funds and County Letter of Assurance 5) Budget Change Form 1) Adopt Resolution Approving Amendment No. 1 to the contract with MK Centennial contract 2) Approve Budget Change The cost for consulting services provided by MK Centennial in the original agreement for construction management is $152,080. This amendment will extend construction management services for an extra 63 days and will include additional survey staking. The not -to -exceed amount for the entire work is to be increased by $69,015 to $221,095. Staff had requested that Alameda County provide additional funds for the project and has since received a check for $119,597 from the County to fund this amendment and other construction -related costs. Alameda County will receive additional Traffic Impact Fee credit for providing these funds. On June 6, 2000, the City Council approved the agreement with MK Centennial (also known as Washington Infrastructure Services, Inc.) for construction management services for the I-580/Hacienda Drive Interchange Improvement. MK Centennial has been providing construction administration, inspection, survey staking and materials testing services for this project. The project is now almost complete; however, Staff has incurred additional costs in construction administration and construction due to weather delay, utility relocation and several change orders. ------------------------------------------------------------------------- pGl� COPIES TO: Ery Koenig, Washington Infrastructure ITEM NO. �' g:\engr\MK CentenniallagstamndJnne 5-2001.doc The consultant's request for addi;f kal compensation is due to the 63-day r msion of the construction contract and additional required survey staking. Alameda County had adva,,,wed the initial funds to build the project, and has forwarded a check for $119,597 to the City to fund this MK Centennial request and other construction -related costs. Staff recommends that the City Council adopt the resolution approving the amendment to MK Centennial's agreement for modification of scope of work and additional compensation. Staff further recommends that the Council approve the Budget Change for the increase in contract services for the I-580/Hacienda Drive Interchange Improvements. -2- RESOLUTION NO. - O1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH MK CENTENNIAL FOR CONSTRUCTION MANAGEMENT SERVICES WHEREAS, the City Council of the City of Dublin approved an agreement for construction management services with MK Centennial (now known as Washington Infrastructure Services, Inc.) for the I-580/Hacienda Drive Interchange Improvement on June 6, 2000; and WHEREAS, the Scope of Work is proposed to be modified to extend construction management services for an extra 63 days and to include additional survey staking, and the not -to -exceed amount for the work is proposed to be increased from the $152,080 in the June 6, 2000, agreement by $69,015 to $221,095; and WHEREAS, the Alameda County Surplus Property Authority will pay the cost of these services and receive Eastern Dublin Traffic Impact Fee Credit for the amount paid; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 1 to the agreement with MK Centennial, which is attached hereto as "Exhibit A" . BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this Sth day of June, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Cleric g:\engr\MKCentennial\resoamndl Junes-2001.doc Mayor 7� l� 6/Sal i � ✓,a-:^3 j, is-_. i'' �/ - - EXHIBIT "A" OF RESOLUTION -01 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND MK CENTENNIAL FOR CONSTRUCTION MANAGEMENT SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") .and MK Centennial, also known as Washington Infrastructure Services, Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on June 6, 2000 to provide construction management services for the I. 580/Hacienda Drive Interchange Improvement; and WHEREAS, the Scope of Work is proposed to be modified to extend construction management services for an extra 63 days and to include additional survey staking; and the notAo-exceed contract amount is proposed to be increased to cover the cost of the additional work; NOW, THEREFORE, the parties hereto agree as follows: Scope of Work The Scope of Work shall be modified to extend construction management services for an extra 63 days and to include additional survey staking, all as described in. MK Centennial's letter dated March 30, 2000 for the I-580/Hacienda Drive Interchange Improvement Project (attached). Extension of Term The total cost for time -and -materials work under this amendment shall not exceed an additional $69,015. ATTEST: City Clerk CITY OF DUBLIN Mayor MK CENTENNIAL (also known as Washington Infras.�ructure Services, Inc.) Date: Ery Ko _W STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of June 6, 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. 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, 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. 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 only when 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 of the project team without prior written approval by the City. The Project Manager for Consultant shall be Mr. James E. Scott. Agreement Page 1 of 2 OS/25/00 V y �5 9. CONTR.ACT ADMII`TISTRATION. 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: Ery Koenig, Vice President MK Centennial 5000 Hopyard Road, Suite 100 Pleasanton, CA 94588 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: Attest: Approved as to form: City Attorney Agreement Page 2 of 2 OS/25/00 I� "City" "Consultant" 1 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE PER REVISED PROPOSAL FROM MK CENTENNIAL DATED FEBRUARY 145 2000 (ATTACHED) FOR CONSTRUCTION MANAGEMENT SERVICES 'FOR THE I- 580/HACIENDA DRIVE IMPROVEMENTS. Exhibit A Page 1 of 1 OS/25/00 �MK CENTENNIAL � CENTENNIAL ENGINEERING, INC February 14, 2000 Lee Thompson Public Works Director 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 5000 HOPYARD ROAD SUITE '100 PLEASANTON, CALIFORNIA 94588 Re: Construction Management Services I-580/Hacienda Drive Improvements Dear Mr. Thompson: TEL: 925-460-5050 FAX: 925-460-5064 MK Centennial Engineering, Inc. is pleased to submit a revised proposal to provide construction management services and construction staking for the I-580/Hacienda Drive Improvements project as you requested. The proposal includes resumes for the project team, a draft scope of services, and a proposed summary of costs. The proposal was revised to include construction staking services to be performed by Chaudhary & Associates as requested by the City. I have attached a copy of the Construction Staking Scope of Services and Cost Proposal from Chaudhary &Associates for your review. Please feel free to contact me if you have any questions on the revisions or the original proposal. I can be reached at (925) 460-5050 ext. 303. Sincerely, amen E. Scott, P.E. '� Director of Construction Enclosures L:\PROJEC'f S\Flacienda\I.etters\002.wpd i A MORRISON KNUDSEN COMPANY C;15 EXHIBIT A HACIENDA DRIVE IMPROVEMENTS SCOPE OF SERVICES Provide construction management services including contract administration, construction inspection, for the Hacienda Drive Improvements Project, 1. TASK 1PRE-CONSTRUCTION SERVICES Perform a limited constructabiliiy review of plans, specifications and Engineers estimate for the Hacienda Drive improvements project. City to provide copies of Design Plans, Special Provisions and Specifications, Engineers Cost estimate and any applicable permits or agreements. 2. CONSTRUCTION PHASE/CONTRACT ADMII�TISTRATION Administration -CONSULTANT shall perform construction administration activities, including correspondence and document control. Provide complete support services for field personnel, including office support and coordination of inspection and testing. CONSULTANT will furnish all business equipment for CONSULTANT'S work such as computers, copier, fax machines, furniture and telephones; expendable supplies such as paper, binders, pens, pencil, etc. CONSULTANT will provide office/trailer, fax and phone lines, and utilities. Reporting -CONSULTANT shall utilize Caltrans procedures and policies, and CITY requirements as necessary, regarding documentation of events, compilation of quantities, contractor progress payments, final payment and as -built plans. The required records pertaining to the job site staff include attendance reports, overtime records. Records involved in monitoring the Contractor's contract include the weekly statement of working days and monthly progress report. CONSULTANT staff member assigned to monitor the Contractor's operations will submit a daily report relating the activities of the day. Reports covering extra work shall be submitted to CITY along with Contractor's material billings when appropriate. Roadway quantities shall be calculated as they are incorporated in the work. The most current Caltrans Construction Manual is the principal reference for CONSULTANT's field personnel. Project Meetings -CONSULTANT shall conduct one preconstruction conference, weekly progress meetings, and other project related meetings. CONSULTANT shall prepare agendas and meeting minutes. C:\MY DOCUMENTS\BD INFO\DUBLIN\SCOPE.WPD A -I iwn Exhibit A - Scope of Services Hacienda Drive Improvements Construction Engineering and Inspection Services City of Dublin Project Submittals -CONSULTANT shall process Contractor's submittals and assure their timely review, CONSULTANT shall maintain a log to track processing of Contractor's submittals. Claims Mitigation -CONSULTANT will take steps to avoid claims on the project. In the unlikely event of claims, any claim resolution will be performed as additional services. Progress Payment -CONSULTANT shall prepare monthly progress payment requests and submit to CITY for their payment. Change Orders -CONSULTANT shall evaluate proposed change orders, coordinate changes in design with High Quality Engineering, Caltrans, and City staff as appropriate. CONSULTANT shall prepare change orders and an independent cost estimate and schedule impact analysis. Document Tracking -CONSULTANT shall track alI documents during the course of the project. Documents to be tracked are to include but not limited to all correspondence, shop drawings, test results, change orders, potential change order items, potential claims, design clarifications, photographs, etc. Documentation -CONSULTANT shall document the Contractor's activities on a daily basis, conversations and meetings related to the project, changed conditions, change orders, weather, accidents, environmental mitigation, and all other items that may be necessary for reviewing progress payments, evaluating and processing change orders, and resolving potential claims. Documentation is to include both written text and photographs. Progress photographs of the overall project are to be taken and a set included in the final project records. Design Clarification -Coordinate design clarifications with High Quality Engineering. Prepare Payment Requests -CONSULTANT shall prepare separate payment requests for items that are being funded from uiuque sources. 3. SURVEYS CONSULTANT will provide and coordinate construction staking as per Construction Staking Scope of Services (page A-4) C:\MY DOCUMENTS\BD INFO\DUBLIN\SCOPE.WPD A-2 Exhibit A - Scope of Services Hacienda Drive Improvements Construction Engineering and Inspection Services City of Dublin 0.17 AND TESTING CONSULTANT will: • Provide construction inspection, schedule and coordinate materials testing wish City's materials testing firm in accordance with Caltrans procedures for all project items. • Coordinate the activities of testing laboratories, surveyors and inspectors, representatives from utility companies and the administration of all project permits and utility relocations. • Coordinate with local residents, proprietors, railroad and landowners to minimize impact of construction on said parties. • Enforce labor regulations as included in contract specifications. • Maintain an up-to-date set of plans and specifications at the job site. • Review all certificates of inspections and tests. • Provide final inspection and punch list. • Collect and furnish as -built information to the designer for preparation of as -built drawings. 4. POST CONSTRUCTION PHASE After acceptance of the construction contract, CONSULTANT will: • Prepare a Construction Completion Report that will include: • Summary of scope, cost, and schedule changes and the reason for the changes; • Summary of project costs; • Comprehensive Project Records (per Caltrans Requirements). C:\MY DOCUMENTS\BD INFO\DUBLIN\SCOPE.WPD A_3 t Jp �� KAILASH C. CHAUDHARY, P.E. Regutered Civil Engincer Planner CHAUDHARY � ASSOCIATES, INC. Engineers Surveyors Planners Inspectors CHAUDHARY &ASSOCIATES SCOPE OF SERVICES CONSTRUCTION STAKING To: Mr. Jim Scott, MK Centennial From: Edward A. Krumrei, P.E. Re: Hacienda Drive / I-580 Interchange Improvements Project ITEM HOURS 1. Attend Pre -Construction Meeting 4.0 hours 2. Office Preparation 8.0 hours 3. Alignment Stakes (@lOm) 16.0 hours (3-Man Party) 4. Wall LOL (@ lOm and steps) 8.0 hours (3-Man Party) 5. Slope Stakes 24.0 hours (3-Man Party) 6. Drainage Systems 1, 2, 3, 4, and 9 8.0 hours (2-Man Parry) 7. Curb, Gutter, and Sidewalk I6.0 hours (2-Man Party) INFORMATION PROVIDED BY HOE• 1. Alignments with coordinates: H, HR3, HL3, RWLOL 2. Full scale plans 3. Full scale design cross -sections 4. Slope stake notes 5. Wall footing dimensions (step to step) 6. Final grade notes for all curbs (include coordinates for small radius curves) ASSUMPTIONS 1. Control is recoverable. 3272 VILLA LANE NAPA, CA 94558-3085 U.S.A. PHONE: (707) 255-2729 .FAX: (707)255-5021 February 8, 2000 #00-02-015 \\FRONT] \D-DRIVE\PROTECTS\9809041 \CP-MAPPI NG. doc CITY OF DUBLIN HACIENDA DRIVE 11viPROVEMENTS SUMMARY OF COSTS Position Pre- Const. Const. Post Const. Total Hours Rate $/hr Cost Scott Contract Mgr. 8 40 8 56 125 $7,000 Cordoba PM/RE 24 220 40 284 125 $35,500 Davis I Inspector 1 201 8001 40 860 80 $68,800 Clerical I Clerical 1 101 401 101 60 55 $31300 SUBTOTAL - Labor $114,600 Directs Pick -Up Truck $700/month x 6 months Cell Phone $100/month x 6 months Field Office (includes fax, copier, phones,... etc.) SUBTOTAL - Directs SUBTOTAL - MK Centennial Construction Staking (Chaudhary &Associates) 5% Mark-up SUBTOTAL - Construction Staking 10 %Contingency TOTAL M $119,400 $17, 956 $898 $18,854 $ 13,$25 $152,080 MK CENTENNIAL CENTENNIAL ENGINEEf=LING. INC. L:lprojectslHacienda\SumCosts.xls i KAILASH C. CHAUDHARY, P.E. Registered Civil Engineer Planner CHAUDHARY & ASSOCIATES, INC. Engineers Surveyors Planners Inspectors CHAUDHARY &ASSOCIATES COST PROPOSAL CONSTRUCTION STAKING To: Mr. Jim Scott, MK Centennial From: Edward A. Krumrei, P.E. Re: Hacienda Drive / I-580 Interchange Improvements Project 3272 VILLA LANE NAPA, CA 94558-3085 U.S.A. PHONE: (707) 255-2729 FAX: (707) 255-5021 February 8, 2000 ##00-02-015 • DIl2ECT LABOR OFFICE PERSONNEL Hourly Name Classification Rate Hours Total Edward A. Krumrei Project Manager 48.00 2.0 .........................$ 96.00 Richard Shelton Prof. Land Surveyor 37.00 4.0 .........................$ 148.00 Elmo Massey Office Surveyor 28.00 860 .........................$ 224,00 Total Hours ........................... 14.0 SUBTOTAL DIRECT LABOR (OFFICE)..........................................................$ 468.00 FIELD PERSONNEL Hourly Name Classification Rate Hours Total Staff * Party Chief 29.64 72.0 ......................... $ 2,134.08 Staff * lnstrumentman 26.88 72.0.........................$ 11935,36 Staff * Rodman 24,33 48.0 $ 1,167.84 Total Hours ..........................19290 SUBTOTAL DIRECT LABOR (FIELD) ........................................ mead $ 5,237028 TOTAL DIRECT LABOR............................................................. a $ 5,705.28 • INDIRECT COSTS Overhead & Fringe Benefits: 186.12% x $5,705.28................................................................. $ 10,618.67 SUBTOTAL BEFORE FEE............................................................. $ 165323.95 • FEE (10% X $16,323.95)....................................................................................................... $ 1,632.40 TOTAL COST —CONSTRUCTION STAKING $ 17 956 35 * Prevailing Wage Rates for Field Surveyors pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1 \\FRONTI 0-DRIYE\PROJECTS\9609041\CP-MAPPI NG. doc e as EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant on atime-and-material basis an amount not to exceed the total sum of One Hundred Fifty -Two Thousand and Eighty Dollars ($152,080) for services to be performed pursuant to this Agreement. Consultant shall submit invoices monthly until the end of project based on the cost for services performed in accordance with the cost estimate included in proposal by MK Centennial, dated February 14, 2000. 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. fivepercent (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 OS/25/00 i/4eas 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 OS/25/00 i5 e A 5 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 4 OS/25/00 q as 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 Liability: $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.0 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. (2) Worker's Compensation and Employers Liability Coverage. Exhibit D Page 2 of 4 OS/25/00 l�41A5 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 A:VIII. 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. 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. Exhibit D Page 3 of 4 OS/25/00 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 or character of the work, 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 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 program. 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 4 of 4 OS/25/00 /q e.,5 5000 HOPYARD ROAD SUITE 100 TEL: 925460.005050 PLEASANTON, CALIFORNIA 94588 FAY.: 925460-5064 March 30, 2001 City of Dublin kttn: Ferdinand Del Rosario 100 Civic Plaza Dublin, California 94568 Subject: Construction Management Services I-580/ Hacienda Drive Improvements Dear Ferd, 1 have revised the March 27, 2001 construction management budget as per our, discussion. A copy of the updated costs is attached for your review. Additional rain days occurred after the last estimate that I sent you, this estimate reflects those additional days. A total. of sixty-three additional days have been estimated for the construction completion. They areas follows: • Contract Change Order #3 10 Days • Contract Change Order #4 02 Days • Contract Change Order #5 03 Days • Rain. Days 27 Days • Director Days 21 Days The attached spreadsheet indicates that an additional. $69,015 above and beyond the original S152,080 cost is required to complete the project. This spreadsheet shows expenditures through February 133 2001, which was the originalcompletion date. The estimate to complete includes costs associated with a 63-day contract extension and Amendment No. 1 for survey staking. Also contract balances for labor and the contingency was taken into consideration, as those monies were not completely spent. A contingency estimate of 10 wonting days was added to the revised costs as per your request. Please contact me at 2514341 if you requite any additional information or would like more details. Sincerely, 'Tracey L. James Director of Construction Services CITY OF DUBLIN HACIENDA DRIVE IMPROVEMENTS March 30, 2001 UPDATED CONSTRUCTION MANAGEMENT COSTS Directs Pick -Up Truck (3 Mon#hs) $4,200.00 Cell Phone (3 Months) $600900 Field Office SUBTOTAL - Directs $4,800.00 WOO SUBTOTAL - MK Centennial $107,995.00 $11,405.00 Construction Staking - (Chaudhary) $17,956.00 - Amendment No.1 5% Mark-up $898.00 SUBTOTAL - Construction Staking $18,854.00 $O.QO SUBTOTAL 10% Contingency SUBTOTAL Contingency of estimated 10 working days TOTAL TO COMPLETE $2,100.00 $300,00 $0.00 $2,400000 $75,1 Z0.00 $9,500.00 $475.QQ $9,975AQ $2,400.00 $63,715:OQ $9,975.00 $73,690.00 -$13,825.00 $59,865.00 $9,150.00 $69,015.00 Sent By: Chaudhary &Associates; 707 255 5021; Mar-8-01 14:09; Page 1/1 CHAUDHARY S� ASSOCIAT'� Engineers Surveyors Planners • KAII.ASH C, I.HALIDHARY, P,F., Rrairtt+'rd Civil �nbina�' YLmxrr Ms. Tracey James MK Centennial 5004 Hopyard Road, Suite l00 Pleasanton, CA 94588 Dear Ms, James: Ytevlsed March 8, 2001 March 1, 2001 #00�02-015(A) �z NAl'A, CA 94 PHONE: (' FAX: Re: Hacienda I)rive/I-SSO Interchange City of Dublin Your Agreement No. 2347.00-011 Subject: Amendment No.1 Regaest for Additional Budget Our Agreement for the above -referenced project has a budget of $18,000.00 for construction st budget was prepared based on certain infomtation being provided by the Designer, see our Scope dated February 8, 2000, (copy attached). Items 1, 3, 4 & 6 of the Scope were either not prop information had to be verified, this resulted in 36 hours of additional office time for calculation In addition, we budgeted 9 days of field tune for staking. A list of stakes to be provided was in our Scope of Services. 'To date we have spent l2 days staking with one additional day antici stakes w finish. The additioiuil field days were required to stake the following items wf anticipated when we prepared the Scope: ITEM 1. Coordination and adjustment to fit Developer3 design to the north, created new "Z "line alignment, 2. Staged construction. 3. Slope stakes � lOm intervals (standard is 20m). 4. Topo spoils pile and cross -sections of original ground far quantifies. ..: We request your authorization for an additional budget of 59,500.00 to cover these casts. authorization below and mail the original to us by March 9, 2001. Thank you. Please call me at (707} 255-2729 should you have any questions. AMENDMENT No. 1 AUTHORIZED BY: MK Centennial Tracey James Sincerely, :,' CIiAUDHARY &ASSOCIATES, A California Corporation Date Edwani A. Kivrr Project Manager INC. VL11A LANL•: 8-3Q85 tI.S.A. �7) 255-27a9 (707)255-5021 ng. The Services ;d or the Included i for curb were not sign the CITY OF DUBLIN 100 Civic Plaza, Dublin, California 9456£3 May 7, 2001 Mr. Patrick Cashman, Project Director Alameda County Surplus Property Authority 224 W. Winton, Room 151 Hayward, CA 94544 Website: http://w\j%,w.ci.dublin.ca.us Subject: Request for Additional Funds for the I-580/Hacienda Drive Interchange Improvements Dear Pat: The purpose of this letter is to request additional funds for the above referenced project. As I had indicated to you in our April 24, 2001 meeting, we have incurred additional costs in construction administration and construction due to weather delay, utility relocation and several change orders (see attachments). Also note that some project management charges (Cordoba & ZEG) were not included in the previous budget. The following outlines the projected cost to complete the project: Original construction contract plus 10% contingency (RGW): Design contract including amendments (HQE, Incy Original construction administration contract (MK Centennial): Materials testing (Kleinfelder) City staff salary: Miscellaneous. Total: Funds received June 1, 2000: Funds received August 15, 2000: Funds received October 31, 2000: Total amount received to date. Remaining Balance: $1,653,638 - $1,649;253 = Additional construction administration funds to complete the project (MK Centennial): Additional construction funds required (RGW): Previous project management charges (Cordoba & ZEG) Total additional funds requested: $1,220,455 $ 231,578 152,080 33,150 $ 10,000 $ 2,000 $1,6499253 $ 50,000 $1,450,338 $ 153,300 $1,6539638 $ 4,385 ($ 69,015) ($ 4 967 ($119,597) Area Code (925) •City Manager 833-6650 •City Council 833-6650 •Personnel 833-6605 •Economic Development 833-6650 Finance 833-6640 Public Works/Engineering 833-6630 Paris &Community Services 833-6645 •Police 833-6670 Planning/Code Enforcement 833-6610 •Building Inspection 833-6620 •Fire Prevention Bureau 833-6606 Printed on Recycled Pap6 ATTAVr Hk • Please send us a check in the amount of $119,597 or a County letter of assurance for the additional funds needed. We anticipate completion of construction by mid -May, 2001, thus we need the funds as soon as possible: With the receipt of these funds, the County will receive a Traffic Impact Fee credit of $1,773,235 for the construction of the 580/Hacienda Drive Interchange Improvement project. If you have any questions regarding this request, please call me at (925) 833-6637. Sincerely, F rdinand Del Rosario Senior Civil Engineer Attachments Copy: Lee Thompson Fred Marsh Gaylene Burkett Adolph Martinelli Agency Director Patrick Cashman Project Director 224 West Winton Avenue Room 151 Hayward California 94544 phone 510, 670.5400 fax 510. 670,6529 www. co.a I ameda.ca.0 s/cda J AMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY S U R P L U S P R O P E R T Y A U T H O R I T Y May 14, 2001 Ferd Del Rosario Sr. Civil Engineer City of Dublin Public Works 100 Civic Plaza Dublin, CA 94568 Sent Via Fax 925-833-6628 and U.S.Mail Dear Ferd: ` t; I have reviewed your May 7, 2001 letter addressed to me requesting $119,597 in additional funds to complete the construction of the I580/Hacienda Interchange Improvements and offer this letter as assurance that the County will provide the requested funding, in the next few weeks. Sincerely Patrick Cashman Project Director CITY OF DUBLIN � s ��s BUDGET CHANGE FORM New Appropriations (City Council Approval Required): X From Unappropriated Reserves (If Other than General Fund, Fund No - From New Revenues DT',CREASE BUDGET ACCOUNT AMOUNT CHANGE FORM # 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: Expense $69,015.00 I-580/Hacienda Interchange Improvements Contract Services Account #: Account #: 300.96410.740.000 Name: Name: Revenue $69,015.00 Reimbursement for I-580/Hacienda Drive Interchange Improvements Account #: Account#:300-570-005 Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: City Manager: ASD/Fin Mgr Signature Signature Date: Date: � ` 3 � REASON FOR BUDGET CHANGE ENTRY: MK Centennial's agreement is being amended to extend construction management services for an extra 63 days and to include additional survey staking. Mayor: Signature Date: �a� Posted By: g: c�igrLnkihudg¢t chg unmudinen� ql Date: Signature �1�IA���� �• RESOLUTION NO. 76 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH MK CENTENNIAL FOR CONSTRUCTION MANAGEMENT SERVICES Vn-IEREAS, the City Council of the City of Dublin approved an agreement for construction management services with MK Centennial (now known as Washington Infrastructure Services, Inc.) for the I-580/Hacienda Drive Interchange Improvement on June 6, 2000; and WHEREAS, the Scope of Work is proposed to be modified to extend construction management services for an extra 63 days and to include additional survey staking, and the not -to -exceed amount for the work is proposed to be increased from the $152,080 in the June 6, 2000, agreement by $69,015 to $221,095; and WI�REAS, the Alameda County Surplus Property Authority will pay the cost of these services and receive Eastern Dublin Traffic Impact Fee Credit for the amount paid; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 1 to the agreement with MK Centennial, which is attached hereto as "Exhibit A". BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 5th day of June, 2001. AYES NOES ABSENT Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston None None None KZ/G/6-5-01/reso-mk-centennial.doc (Item 4.11) g:\engr\NII�Centennial\resoamndl Junes-2001.doc t Mayor _ ', CITY OF DUBLIN BUDGET CHANGE FORIVIL r k New Appropriations (City Council Approval Required): X From Unappropriated Reserves (If Other than General Fund, Fund No From New Revenues 1lF.f'RRA4F RTThCT'F,T ACCOUNT AMOUNT Budget Transfers: CHANGE FORM # From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other INCREASE BUDGET ACCOUNT AMOUNT Name: Name: Expense $69,015.00 I-580/1-lacienda Interchange Improvements Contract Services Account #: Account #: 300.96410.740.000 Name: Name: Revenue $6%015.00 Reimbursement for I-580/Hacienda Drive Interchange Improvements Account #: Account #: 300-570-005 Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: City Manager: ASD/Fin Mgr �„�� Signature Signature Date: Date:I REASON FOR BUDGET CHANGE ENTRY: MK Centennial's agreement is being amended to extend construction management services for an extra 63 days and to include additional survey staking. Mayor: Si Posted By: Date: Signature g: rngrl urkl hudA�rl chg amcndmcnl N /