Loading...
HomeMy WebLinkAboutItem 4.2 - 2906 Amendment to Agreements with Mark Thomas an Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 19, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment to the Agreements with Mark Thomas & Company Inc. and with Western Pacific Signal LLC. Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY: The City Council will consider amending agreements with Mark Thomas & Company, Inc., for the Iron Horse Trail Bridge at Dublin Boulevard project, to extend the agreement term, and with Western Pacific Signal, LLC, for traffic signal operations, to increase the not-to-exceed compensation amount. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Agreement with Mark Thomas & Company, Inc., for the Iron Horse Trail Bridge at Dublin Boulevard Project; and adopt the Resolution Approving an Amendment to the Agreement with Western Pacific Signal, LLC. FINANCIAL IMPACT: The proposed amendment to the consulting services agreement with Mark Thomas & Company, Inc. has no financial impact. The amendment will only extend the term of the agreement. There is available budget in the Iron Horse Trail Bridge at Dublin Boulevard (CIP No. ST0118) project budget for this agreement. The proposed amendment to the contract services agreement with Western Pacific Signal, LLC. will increase the not-to-exceed amount from $105,000 to $200,000, which is an increase of $95,000 over the remaining term of the contract. The term of the agreement is from June 30, 2019 to June 30, 2021. The additional costs will be funded via monies deposited in developer deposit accounts or by the available budget in CIP Citywide Signal Communication Upgrade (ST0713); therefore, no budget change is necessary. DESCRIPTION: On February 20, 2018, the City Council adopted Resolution 15-18 approving a consulting services agreement with Mark Thomas & Company, Inc. for completing the Page 2 of 2 design of the Iron Horse Trail Bridge at Dublin Boulevard project. Coordination of the bridge design with adjacent development projects, Kinder-Morgan, Pacific Gas & Electric, and others, has extended the schedule for design. As such, additional time is required to complete the bridge design . The proposed amendment would extend the term of the current agreement from December 31, 2019 to December 31, 2020. On July 17, 2018, the City Council adopted Resolution 90-18 approving a contract services agreement with Western Pacific Signal, LLC., to support the expansion of the City’s traffic signal communication network along major arterials. Subsequently, Western Pacific Signal helped to complete the expansion of signal communication on Dougherty Road and Dublin Boulevard. On February 19, 2019, the City Council approved a budget change to the Citywide Signal Communication Upgrad e project (CIP No. ST0713), which provides for the continued upgrade of the traffic signal communications system, signal controllers, conflict monitors, and battery backup units. To facilitate the execution of the Citywide Signal Communication Upgrade pro ject, Staff recommends increasing the total not-to-exceed compensation amount in the agreement with Western Pacific Signal from $105,000 to $200,000. STRATEGIC PLAN INITIATIVE: Strategy 3: Pursue efforts to help strengthen the City’s infrastructure and t echnology. Strategic Objective 3A: Continue to embrace technology to improve traffic, street and engineering infrastructure. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving an Amendment to the Agreement with Mark Thomas & Company, Inc., for the Iron Horse Trail Bridge at Dublin Boulevard Project 2. Exhibit A to the Resolution 3. Original Agreement - Mark Thomas Company 4. Resolution Approving an Amendment to the Agreement with Western Pacific Signal, LLC. 5. Exhibit A to the Resolution 6. Original Agreement - Western Pacific Signal RESOLUTION NO. _____ - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AN AMENDMENT TO THE AGREEMENT WITH MARK THOMAS & COMPANY, INC., FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT WHEREAS, On November 7, 2017, the City Council approved the Iron Horse Trail Feasibility Study as well as the proposed design of a bridge crossing at Dublin Boulevard; and WHEREAS, on February 20, 2018, the City Council adopted Resolution 15 -18 approving a consulting services agreement with Mark Thomas & Company, INC. (“CONSULTANT”) for completing a final design phase for Iron Horse Trail Bridge at Dublin Boulevard (“PROJECT”); and WHEREAS, the PROJECT has been planned to be implemented following the completion of Scarlett Drive extension to Dublin Boulevard to minimize design conflicts; and WHEREAS, it has been determined that additional time will be required for the PROJECT due to delays in completing the Scarlett Drive extension project; and WHEREAS, the City of Dublin and the CONSULTANT desire to amend existing consulting services agreement to extend the term of the agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to the Consulting Services Agreement with CONSULTANT attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement with CONSULTANT. PASSED, APPROVED AND ADOPTED this 19th day of November 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: __________________________________ City Clerk AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MARK THOMAS & COMPANY, INC. WHEREAS, on November 7, 2017, the City of Dublin (hereinafter referred to as "CITY ") and Mark Thomas & Company, Inc. (hereinafter referred to as "CONSULTANT ") entered into a consulting services agreement for the Iron Horse Trail Feasibility Study as well as the proposed design of a bridge crossing at Dublin Boulevard (hereinafter referred to as the "AGREEMENT "); and 2019; and WHEREAS, the existing AGREEMENT is set to expire on December 31, WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to modify sections 1. 1, 7.5 and 10.11 of the AGREEMENT; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2020, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price. charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic "), 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 include the provisions of this Subsection in any subcontract approved by the Contract Administrator or'this Agreement. 3) Section 10.11 Integration shall be rescinded in its entirety and replaced with the following: 10.11 Integration. This Agreement represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 6) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON FOLLOWING PAGE ih • 1 :_ Dated: ATTEST. By: Caroline Soto, City Clerk Mark Thomas & Company, INC. Dated: By: Christopher L Foss, City Manager Shawn O'Keefe, Principal, Vice President ..�•e.ML�yt `pi.•'- iYeS'.Rre -YW K: !�bnip(^44N }Wd.M\'�!!f[kMI�HNNM ._ .. Ylr +tY.y}N![R+Mb�1.A.1M`MP`. A- *12) CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MARK THOMAS & COMPANY, INC. This Agreement is made and entered into between the City of Dublin ( "City ") and Mark Thomas & Company, Inc ( "Consultant ") as of February 20, 2018 (the "Effective Date "). In consideration of their mutual covenants, the parties hereto agree as follows: 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, 191 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2019, the date of completion specified in Exhibit A, 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. 11 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 professional manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 13 Assianment 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. 1A 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 One Million Three Hundred Fifty-One Thousand Dollars, ($1,351,000), 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. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and 1 vv "+i"Fw+•.'n• ",. .. - t,.'v:ry• s r.. . v= sx. Y. a+ rt. sSHfYRY+ 1�i°- PH�TYf+bt4.e.+.uvt`,.s!��nF<x' + Nµ. rMhY. YNkM` AeIM� !p!W�hHS':9MV7eY.t+Imtl -f...n �:-• -.-. .. .nr tir..r.vae.«. w•.... its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 21 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. No Individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his /her designee. 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 copy of the applicable time entries or time sheets shall be submitted showing the following: o. Daily logs of total hours worked by each individual performing work under this Contract o Hours must be logged in increments of tenths of an hour or Quarter hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense 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; 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. 23 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, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2A Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B. 15 Reimbursable Expenses. Reimbursable expenses shall not exceed ($27,300). Expenses shall be approved, in writing, by the Transportation and Operations Manager. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2 i ..a.e- r�Kf��f..y�.+�m .u:.A.a.��.> .i'. ".•.- a ^,v:$'MfF ?'.4P.�./131 Ni.bq���M`Y.tWlio.. arr.. +.c4.�V>•YnnYV.!. X10} I( �!'. y( �}'! 4ff Y'. �MF6'! �fV! Y" M' M{ y! tNMf4'f itlY! M!+' If!? rtY, �??. �i :i.Y...:..u.;>°:i.ar.au�a�..�v »u �i,t.,.... 24 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 23 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. 18 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. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant's policy shall be "primary and non - contributory" and will not seek contribution from City's insurance or self - insurance and shall be at least as broad as CG 20 0104 12, In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to City of such cancellation, change, or lapse. 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 K ._++..w.r.. .. a.. ...... ......,_ �. xi ., ..:... :. o' ar: R.•- �Za' EbJ,�I�.'R%°i'hhM,fa�eNN%nb;... _ .. n...,..-' e�MaYS�MfiFR9epR++' FAi ?MIbKM+l +ff^ny"'ievasrtv..t'n.. ..-- ...�.. . :b. ..<.. -, :. _. 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 mall, 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. 4.11 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 therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles, 41.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 ( "any auto "), 413 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 0 ..._..u+ro�. +i. • +.t a.. •v.,•. :.. 10' tt•N'dV.awe.:ro•u.tw bh:+ 21 t! fr! MrfR! a' K'. t� ::7ti(a.[.rwytrt,eTa- < >kwkN7Mb5jl y0Mkm'rn,rr,+v.- .,•�.r..t'+: W No-vwr •,.. -r._ ,:.�.rw- T.r.:�• +r.•:.... 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 Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits, 43 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. 4.31 Any deductible or self - insured retention shall not exceed $150,000 per claim. 4.12 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. 4.33 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. 5 » �In�Wiwro• uf^.." 4ti.,+ �sr.s s,• r. rnt• m.§ Yr.", r:' kt+ elp! wVwa:+ asV'.,! s. A�. N. 9tTfiit" k4Xfd 'M�6�!'�+t�"%M!4l�ba.kav4A+M ,_ nnvn r��' dFl1 !•ty°t%�?N�S4:= 1arM!Y•vra. -r.5 -� '. ,. „.••. .:- .:r- c.,.^•. •..:�r4._... 4.4.2 Verification of coverane. 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 and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same . requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub - subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 494.4 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. 4.4.5 Deductibles and Self- Insured Retentions. All self - insured retentions (SIR) and /or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self- insured retention provision and /or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self- insurance shall be called upon to protect City as a named insured. 41.41 Notice of Reduction in Coveraoe. 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; R :.•t .vN txa....- n�`.;••.-,•••' ��•.. �, w: k>.. i! iti' r<' �e.: v. u. T-` t! r +`.M-M`nl•Al'YlilNtftMbK!�Mi \1!' Nei?` tM* fva+ rM�AMK*% f. v:+ nt. u- r- Fr:.. cu•. tx4F! mef�4? 4M !I��i�`t�wl{i!Mr/MrPtM!tt:'�"n�. rr r <a.w �.-. ... .- .ti'•..., 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. To the maximum extent allowed by law, Consultant shall indemnify, and hold harmless the City, and City Councilmembers, officers, volunteers and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend in accordance with the provisions of CA civil code section 2782,8 however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault Consultant's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, 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. 71 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 73 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. K ,.,.. w.:wm�,+.t: rn✓,�-.v. «..r,.. r.. �t. �ro�' r�` N! 0¢ W4 ri. i:, fmWwfc• MMM*' Rb' RYiNR.4l iYN' �TVp' i+ iw�m. zW:+ s-.+ IMSAtlP9�RM4�NN�' pN!• M` w.....+ e5sewvWM' f. k* i1hj���ff !�!�L?�f.�.Wx`.r<•�w.y,.. ., :- �•.n;•5t+5rs��r,.....•:,...., U 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. U 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 nondiscri mination 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. 851 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 81 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 83 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assionment 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 ..+ mdr++ �+ kn�:+: 2w. JiNVei•' a? �.•• s,- uxiVnlrr�!' i'^ Y}' wM" �MKNs" d: �' vti'htiMMY9�4HNs+�!.w�.k..'!h'v1. . »+•+•e.. kN1��l�. NIN!: 4' d'• b' Xfa?�, L.< 'I16YR�ti+4�+r(a.y.+µ= ;•..rm.*r. r:..�;iu'»4r••:- .+���N -•.b: - 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. 815 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 include, but not be limited to, the following; 81.1 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; 8963 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work, Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 92 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. Gs ..:,v.N.rar*a..�..M n. :. n�-:. M. rr.. uri[ ke�y7�M.bvl94rrek.•.aamWiwlnAd✓ ;.w... ..rt,rr- .r.+.0 Hk�+a+.sv N -•• . �.v, n ev w��. -�+r. new. . 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. 101 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 of Alameda or in the United States District Court for the Northern District of California. 103 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. 10A 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. 101 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. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700; Statement of Economic Interests documenting 10 � - ,on`prau!vrio�r!Uw•r.�w:f. �: YrntGrr% rrHi��' +,'V"YM{16Yi0YA1"A6'.r✓e1FeVHR' ,. .. .. w.. .x..eN�rar,v+NM'�4!+��`k9Fi?ah! Weil fMSr' L" LkRNMPi '+•eic`.!R!.:t:- .4'^^'�•,• ...�r.sr+Afsu+�n fu:w:.�n +.• potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at httn: / /www.fppc.ca.gov /Form700.html. to this 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. 1099 Contract Administration, This Agreement shall be administered by the City 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: Mark Thomas & Company, Inc Attn: Sasha Dansky 360 22 "d Street, Suite 501 Oakland, CA 94612 Any written notice to City shall be sent to: The City of Dublin Attn: Gary Huisingh 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including Exhibits A, B, and C, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 11 .r•....:.w.s,N.�tt.,.r ,.. _.. fit- .v ,...a:r.s`.tm:(giv.:ti•. -. �gpah+.+ r.. iMSM :.M!4 ?Mf�U.'Hb>�i :riMw..Mtm. w. w...... Maxv. r+: w�! vi! Yc9Wa '>la�W''>�v!�wM.,nvt'wkr...i M:k..;+r. ,. ..c-. n - r:,�,..,., . IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on the 6th day of February, 2018, CITY UBLIN / Christopher L. Foss, Cl Vdnager Attest: 4 & Caroline Soto, City Clerk as to Form: , City Attorney CONSULTANT Sasha Dansky, Principal, Vice Pres' 12 i .. .�... trine .� ^r'ra�.rr.r,ra...n.�n�ih " :a at•,W%�ilMff¢�MfinAlah:H'fK ..... .. �rsrr. !Ya+- rr+rM� .. Y. r. M�+ Wr•:. � .raMMw.nnnMw,rS�R::.N»�- b�.ar -. EXHIBIT A SCOPE OF SERVICES See Attached Scope of Work and Schedule. .,.- n• �N1v +rw.1*^.M1s>v:.m��.ra+u�•r;w: raz<. 3, uK. rw; MY!+ N' rvl! Y! i, n�ek' q!? rri?51..�1�YN�✓A"Y1✓k1Nrt�2�!�A�F V MAH V.+�s.r r�.! htrakh�.. R� ••w.- .nvvolPMwNEYLT+M.'S!.M1W eAR^ RNM: e1W. kt' a.. �! �yRy, Y <.�••^•m. =vr..r, ^er- !,^:+..: w.•F•x.v..rw- ,,.., -�. ►/ MARK ■ ■ THOMAS SCOPE OF WORK TASK 1. PROJECT MANAGEMENT Iron Horse 1 -rail Bridge Overcrossing City of Dublin Mark Thomas will provide project management and administration services including monitoring subconsultant activities, coordinating with the City and subconsultants, implementing quality control and quality assurance procedures, submitting monthly invoices and progress reports, preparing and maintaining project schedule, and developing a work plan to meet the project budget and schedule goals. It is assumed the project design will be completed in 12 months. The Mark Thomas Team will also coordinate with the surrounding projects including the new public park and the extension.of Scarlett Drive. The culvert extension work is anticipated to be completed ahead of this project. 1A.1 Supervise and Coordinate Design - Mark Thomas will supervise, coordinate, and monitor planning and design for conformance with City of Dublin's, East Bay Regional Park District's and Alameda County Transportation Commission's standards and policies. This task also includes general correspondence with the City and internal team. 1A.2 Project Information -Mark Thomas will provide project information and support to the City's Public Information Officer throughout the life of the project, including plans, stakeholder /public meeting graphics and support at project public outreach events. It is assumed that we will be required to attend up to two public outreach events and provide up to three 24 -inch by 36 -inch exhibit boards to be used at the meetings. Mark Thomas will also assist the City with PowerPoint slides as appropriate. DELIVERABLES • Public outreach event attendance (up to 2 meetings) • Public outreach event exhibit boards (up to 3 boards) 1A.3 Operations and Maintenance Agreement Support - Mark Thomas will provide project information, Including exhibits and definition of design features that are City of Dublin- required versus East Bay Regional Park District - required, and support the development of Operation and Maintenance agreement(s), as well as a potential easement agreement for trail maintenance and operations with East Bay Regional Park District. We have assumed 40 hours of staff time for this task and one plat and legal description to supplement the Operations and Maintenance agreement. DELIVERABLES • Plat and legal description (1) 1A.4 Data Collection and Review -Mark Thomas will conform to City requirements and standards prior to the. start of any design work. We will collect and review relevant and available documentation including As -Built Drawings, mapping, reports and studies as well as the Iron Morse Trail Feasibility Study. Mark Thomas will prepare a brief memo summarizing the existing site conditions, constraints and coordination needs with partner agencies and utilities. DELIVERABLES • Existing conditions and coordination memo 1A.5 Adjacent Project Coordination -Mark Thomas will coordinate with the project consultants who are performing design and /or construction of adjacent facilities to facilitate the timely flow of information for each task activity. ►/ MARK ■ ■ THOMAS ruMKwM^ Mwti. iiM�+ a? t "00N'hq�!e!i'tk�adh�rsweb+wn,.. Wf.#+.kV�tt9k!+•^'n�vty .''.w,�u �.• Iron I lorse Trail Bridge Overcrossing City of Dublin Adjacent projects include, but are not limited to, Dublin /Pleasanton BART Station projects, City of Dublin's Community Park development at the development adjacent to Camp Parks area, Scarlett Drive improvements including the culvert extension and other development and maintenance projects. It is assumed this project will follow the design and construction of the culvert extension project at Scarlett Drive. 1A.6 Quality Assurance /Quality Control -Mark Thomas will conform to our Quality Management Manual (QMM) while performing QA/QC for the project. All stated deliverables will go through an independent QA /QC review from staff not working on the project before delivery to the City. DELIVERABLES • QA/ QC plan conforming to Mark Thomas' QMM with QC documents submitted with milestone design deliverables (35%,65%, etc.) 1A.7 Meetings - Mark Thomas will attend bi- weekly meetings either in person or by conference call to monitor and update staff and project partners on progress and discuss status of project, Attend agency meetings with City of Dublin, Alameda County Transportation Commission, East Bay Regional Park District and other stakeholders to reach design concurrence, Resolve /respond to questions and issues. This task assumes up to 24 bi- weekly meetings and eight outside agency meetings /calls. Agendas and minutes will be prepared for the eight agency meetings but not the bi- weekly internal meetings but we will track action items. DELIVERABLES • Meeting agendas and minutes (up to 8 meetings) 1A.8 Schedule - Mark Thomas will prepare a detailed project schedule within one month after Notice to Proceed and update the schedule on a monthly basis. DELIVERABLES • CPM schedule (12, updated monthly) 1A.9 Invoicing and Progress Reports - Mark Thomas will prepare and submit monthly progress reports and invoices for the duration of the design. DELIVERABLES • Invoices and progress reports (12, updated monthly) • Unless specifically noted, all deliverables in Task 1A, Project Management will be submitted electronically in pdf format TASK 2. PROJECT LEVEL ENVIRONMENTAL CLEARANCE UNDER CEQA As a part of the Mark Thomas Team, Metis will prepare a project level CEQA analysis and review to clear the project for construction. It is anticipated that the project will be environmentally cleared with a Mitigated Negative Declaration (MND) under the CEQA but the final determination shall be based on the Initial Study prepared as part of this Task. It is assumed that no resource agency permits will be needed as the construction of the project will stay within the top of bank of the existing trail alignment and that the Scarlett Drive extension and the Zone 7 culvert extension have been completed prior to construction of the overcrossing project. It is also assumed no temporary 2OF9 .+ � e;t:�'rv- X,n,�... K. . rh-..•. t. t-•.-•.. r.» r: n. v.. tww: wtv,..•:••.. i„ �.e ro+ Kw," at'f.) kR! �lirtk( N1$ Y? Np* 75:' it.'+: t• t+ k' e' iYt�YM1wtH �FMW+K.U'ShiNYi.W!M.`ercr+na- ^.. •;! _. � ..... ,y...:.s....+�+, . nas.nSiY >�t!«!F�'!!k?+.e+d. svre:T`N.'nt.k.:.••.• •. +•r. -. - h=. U MARK, ■ ■ THOMAS Iron Norse Trail Bridge Overcrossing City of Dublin construction easements or right -of -way acquisition is needed as a part of the project as the project alignment falls within existing trail and City right of way. 2A.1 Alignment Study -The Mark Thomas Team will prepare an alignment study that will analyze different crossing alignments at Dublin Boulevard. The intent of the study is to determine if there are ways to shorten the main span of the bridge and make the crossing more perpendicular over the roadway. We will analyze several aspects of each alignment such as cost, utility impacts, right -of -way impacts, permitting, environmental clearance approach, visual appeal and construction staging. We will work closely with the City to develop further selection criteria, which will ultimately lead to a preferred alternative. Analyzation of up to three different alignments will be included in the study and it is assumed the study will be subject to two round of comment reviews by the City and other stakeholders. DELIVERABLES • Alignment Study 2A.2 Preliminary Geometry Plan -Mark Thomas will prepare a preliminary geometry plan based on the feasibility study alignment and preferred bridge type alternative. The plan will show plan and profile of the overcrossing as well as typical cross sections at up to three locations along the alignment. It is assumed that the plan will be refined after up to two rounds of City comments. After the comments are addressed, we will prepare a photo simulation of the bridge to be used as a part of the visual impact assessment with the CEQA document. The photo simulation will be taken from up to three different angles. This task also includes the preparation of a succinct Basis of Design Memorandum that will include standards used and assumptions for the final design of the project. DELIVERABLES • Preliminary Geometry Plan • Basis of Design Memo 2AJ CEQA Project Definition and Risk Analysis -This task will include initial meetings with the City and the design team to confirm the extent of proposed actions, verify understanding of project partner objectives and participation in the CEQA process, and definition of a CEQA approach to environmental clearance for the project. This analysis aims to protect the City from potential challenges that could occur during the public review process. DELIVERABLES • CEQA Project Description 2A.4 Technical Studies -Technical studies provide substantiation for the CEQA document analysis and findings. Based on our understanding of the project, the overcrossing structure would be a clear span over Dublin Boulevard, and proposed locations for construction staging and bridge abutments and foundational features that would be constructed within the existing right of way, the need for detailed technical studies would be minimized. Biological and cultural resources technical studies are proposed to confirm the extent to which State and Federal agencies may claim jurisdiction in the project area, and also to confirm the lack of jurisdiction, as a means of protecting the City from potential challenges as the project proceeds. Technical studies include Biological Technical Study for CEQA and State Permits (401), Cultural Resources, Paleontological and AB 52 Tribal Consultation and a Traffic /Transportation Impacts Memorandum. DELIVERABLES • Technical Studies (Biological, Cultural Resources, Paleo, AB 52 Tribal Consultation, Traffic /Transportation Impacts) M. :.a..e„- urn'n.r,.- .,.� <.e ....hM+..r4. • f;-. r�N^ HbA�' z. w:* n^.. 4�+..,. hnht�Xf4WMA1+ q�1fi�Fyy'! ylbs` �MKt...'+ u .CXwf�eMg ?fI4U!V'f�{Mee[Aerie.. .+ .. . MI- t6�e} �M` �w.»'+ �* a.: ua,. �^ r- �:-... a,. h +�,�.•..v.w..es.www{.+„r*..,., U MARK ■ ■ THOMAS Iron liorse Trail Bridge Overcrossing City of Dublin 2A.5 Initial Study -Using the data generated in the CEQA technical studies listed above and based on a CEQA project description approved by the City, Metis would prepare an Initial Study document with clearly written text and clean print -ready graphics. The Initial Study will be based on the current CEQA guidelines and will include an appendix with proposed materials suitable for the City to conduct the government -to- government consultation with Native American Tribes, pursuant to AB 52 and current CEQA guidelines. We will prepare GHG, Energy, Traffic and Transportation discussions for the Initial Study based on qualitative analysis. DELIVERABLES • CEQA Initial Study 2A.6 Mitigated Negative Declaration -Assuming the Initial Study substantiates potential impacts of construction and operation of the overcrossing can be mitigated to a less than significant level, Metis will prepare a Draft Mitigated Negative Declaration document for the City's use. DELIVERABLES • CEQA Mitigated Negative Declaration 2A.7 Project Coordination - This task will include maintaining close communication and coordination with design team and City staff particularly at project kick -off and during preparation and finalization of the scope of the CEQA action. Metis will attend public meetings and interagency meetings prepared to explain CEQA topics, potential mitigation measures and other environmental terms and conditions that need discussion and to be addressed, including AB 52 Tribal Coordination tasks. It is assumed that we will attend up to eight agency coordination meetings, either individually or as a group, with the Alameda County Transportation Commission, Dublin San Ramon Sanitary District, East Bay Regional Park District and Zone 7 Water Agency. As no resource agency permits will be needed for construction of this project we will not need to coordinate with the San Francisco Bay Regional Water Quality Control Board (RWQCB), California Department of Fish & Wildlife (CDFW), US Army Corp (USACE), or the US Fish & Wildlife Service (USFWS) although we will confirm their jurisdiction limits through the CEQA process. DELIVERABLES • Agency Meeting Attendance, Agendas and Minutes (up to 8 meetings) 2A.8 Stormwater Control Plana Mark Thomas will prepare a Stormwater Control Plan as apart of the project in accordance with the Municipal Regional Stormwater NPDES Permit (No. CAS612008), provision C3. The plan will define stormwater treatment areas and calculate the needed area for the new impervious surface generated by the project as detailed in the Alameda County Clean Water Program, C.3 Stormwater Technical Guidance handbook. As this is a trail project, it may be exempt from this report but we will determine that ahead of plan preparation. Preparation of a Storm Water Pollution Prevention Plan (SWPPP) is not included in this scope but can be added as a supplementary service. DELIVERABLES • Stormwater Control Plan • Unless specifically noted, all deliverables in Task 2A, Project Level Environmental Clearance Under CEQA will be submitted electronically in pdf format i ..�;d»n+Nev`rF.Hr!:eMVVS» sea+: r... eb�? ai. sr- ne�w'�a- tiM+4 +s�rw,.,ti.:.wme.'. .. 'WKsrMf(�WSw�.w4r..rs• ++•.a�. "... '. "." M' i' W' rgv�fXi' �i»'rH.v.rv.- n•,::,...n,r.•.a•, .• •�na�s:e..,,r :....:...,_. ►/ MARK Iron Norse 1 rail Bridge Overcrossing ■ ■ THOMAS City of Dublin TASK 3. COMMUNITY AND STAKEHOLDER OUTREACH Asa part of the Mark Thomas team, Fehr & Peers will assist with community and stakeholder outreach for the project. Due to the robust outreach effort completed during the feasibility, stage it is expected that any public outreach will be limited and focused on final design elements. Task 3A.1 will be integrated with Task 2A to satisfy CEQA related outreach requirements. 3A.1 Community Outreach - Fehr & Peers will attend and provide support to City staff in focused public outreach and community meetings to obtain input on specific issues. Fehr & Peers will provide all necessary meeting materials including graphics, presentation slides, handouts, etc. for each meeting and conduct a "pre- meeting planning session" with the City via teleconference before each meeting. Once the meeting is complete, we will provide meeting minutes for distribution. It is anticipated there will be one community meeting and up to four Council /Board /Commission presentations. It is anticipated that each additional public outreach meeting would cost approximately $3,500. DELIVERABLES • Outreach Plan • Project webpage on the City's website (including maintenance through final design) • Meeting agendas and minutes (up to one community meeting and four Board /Council /Commission meetings) • Meeting materials (boards, handouts, PowerPoint slides, etc.)(budgeted $750 per meeting up to five meetings) 3A.2 Stakeholder Meetings - Mark Thomas will lead up to five stakeholder /agency staff meetings. We will conduct a Kick -off meeting with project partners /stakeholders to familiarize them with project constraints as well as to allocate time to conduct a field visit as a part of this meeting. We have budgeted approximately $2,000 for each stakeholder meeting. DELIVERABLES • Meeting agendas and minutes (up to five stakeholder meetings) • Unless specifically noted, all deliverables in Task 3A, Community and Stakeholder Outreach will be submitted electronically in pdf format TASK 4. DESIGN 4A. -1 Topographic Mapping -Mark Thomas will prepare 1"=20' scale surveys for digital orthophotography and field topographic surveys using the City's control network and the vertical datum shall be NAVD88 and the horizontal datum shall be the California State Coordinate System NAD83. The survey will meet Caitrans Third Order of Accuracy as defined in Caitrans Survey Manual "Figure 5 -1A Caltrans Orders of Survey Accuracy ", 2006 page 5 -3. Ownership and property line Information will be added to the drawings and the data shall be provided by the City, including preliminary title reports. This effort will include one day of field time to set control (in either the pavement or sidewalk at locations not to be disturbed by construction of this project), two days of supplemental topographic field surveying and two days of right -of -way surveying. Mark Thomas will perform a field survey to locate necessary monumentation based on publicly available Survey Records available from Alameda County, to establish property lines and the right of way lines of Dublin Boulevard and the former railroad (Iron Horse Trail). It is our understanding that no other monument ties to other maps will be necessary to complete this project. Should monuments be missing, a material discrepancy be found or evidence of a dispute with adjoiners discovered, we will stop work under the current scope and discuss options to move forward. Once the locations of the property lines and right -of -way lines are established from the field evidence collected, Mark � "hy.,+,I�K'+wt16r.,r/2:': �•.a.ieti i. ��N'+ f.✓ tA+ N? 1VYM1' �( e{ Ya... hpNWroi ;.`L+f1M9R�(N'1��y�.Kik.kbi.Y.. • .. °k!':�?•�74•.+nrt�p..v H.�v+�1YkM�v W!'iV!^.Ha w.... U MARK ■ ■ THOMAS Iron Horse frail Bridge Overcrossing City of Dublin Thomas will plot these lines in a digital CAD file to be Incorporated in the base mapping. The AutoCAD CAD file will contain utility lines, property and right -of -way lines and all other pertinent survey data. DELIVERABLES • Topographic base map with utilities 4A. -2 Geotechnicol Report - Asa part of the Mark Thomas team, PCI will prepare a geotechnical report for the project. PCI will comply with Alameda County Drilling Permit requirements and it is assumed that the borings will be in the trail and within City right of way. Two borings will be drilled at the anticipated supports for the main bridge and two additional borings will be drilled at about 140 -foot spacing on either side for the slab bridges. These borings are proposed to be 60 to 80 -feet in depth. In addition, two borings will be drilled for the retaining wall and the ramp structure to a depth of about 40 -feet. We anticipate using a truck mounted mud -rotary drill rig for the work and that the subsurface may require diamond coring into rocky material. It is assumed that up to $1,000 in traffic control will be needed and a no fee encroachment permit will be provided by the City. PCI will perform laboratory tests on representative soil samples and analyze moisture density, unconfined, compression, gradation analyses, R -value tests, corrosion tests and a Plasticity Index test, as necessary. Environmental testing is not included in this scope of work. PCI will complete engineering analyses and develop design recommendations for the proposed bridge foundation system and it is anticipated that pile foundations will be adopted for foundation support. DELIVERABLES • Geotechnical Report (2 copies) 4A. -3 Utility Coordination -Mark Thomas will collect existing utility maps from utility owners for utilities within the project area and show existing utility lines and structures on the topographic base map. If conflicts are identified, Mark Thomas will prepare conflict mapping and coordinate with the affected utility company for relocation. As a part of the Mark Thomas team, BTI will perform utility potholing for the Kinder Morgan pipeline and other pertinent utilities. It is assumed that we will need up to twelve (12) one -foot by one -foot by 8 -foot deep potholes at a cost of $1,500 per pothole. We have assumed one day of field crew time to survey and catalog the vertical and horizontal locations of the potholes. Potholing will be performed prior to the 65% design and after the 35% design has been approved. As a part of the Mark Thomas team, Y &C will coordinate with PG &E to determine the appropriate service point for the bridge lighting. 4A.4 35% PS &E - After approval of the preliminary geometry plan, the Mark Thomas team will prepare construction documents including plans, specifications, and estimate (PS &E) using City and Caltrans standards for the overcrossing. A schematic landscape plan will be prepared for the 35% submittal as well as a bridge general plan. We will prepare the technical special provisions in accordance with Caltrans 2015 standards and City format where the Caltrans specifications need to be supplemented. The 35% submittal will be outline specifications only. We will also prepare a construction cost estimate that will identify construction work items, quantities, unit costs, and summarize the estimated total Project cost, including allowances for supplemental work, owner - furnished materials, expenses, mobilization, and contingencies. The project design will need to be mindful of the preliminary cost estimate and work diligently to stay at, or under that cost as this is a City identified goal for the project. In general, the plan set will consist of the sheets listed below: ._,-. as+ �a. i` uv! esr +.�N >�r.,.ae_r:n.Y.,+i.:.>XxX' Nara?(± K- y'�,% ><rtf • rns. KnM.?.' w12r2IiQ��l t�i�if.4�;s4�+'tRM9r•:++:i+.HTS . v+t>n+.�;.i+, .. .. U MARK ■ ■ THOMAS Iron I lorse Trail Bridge Overcrossing City of Dublin The 35% Cover Sheet 1 General Notes 2 Key Map 1 Typical Cross Sections 2 Demolition Plan 2 Layout Plan 3 Profile and Su erelevation Diagram 3 Construction Details 5 Utility and Drainage Plan 4 Erosion Control Plans 4 Construction Area Signs 2 Traffic Handling / Stage Construction Plans 6 Pavement Delineation and Sin Plan 2 Structural Plans and Details 30 Electrical Plans and Details 4 Irrigation and Planting Plans 4 Total 75 Iron I lorse Trail Bridge Overcrossing City of Dublin The 35% plans will be a small subset of this list and more sheets will be added as the design progresses through 65 %, 95% and 100% levels. DELIVERABLES • 35% PS &E (4 full size bond copies) and 1 pdf copy 4A.5 65 96 PS &E- After approval and comments on the 35% design package, the Mark Thomas team will prepare 65% PS &E. The 65% design is a detailed, but unchecked set that will provide enough detail to evaluate the majority of the project elements. The specifications will encompass the details for this project specifically and will not rely on references to other documents as it is meant to be a standalone set of specifications, Peripheral specification sections may be added as an attachment to the package. A photometric plan will also be prepared to identify the lighting levels and areas affected by the proposed project lighting. DELIVERABLES • 65% PS &E (4 full size bond copies) and 1 pdf copy • Project Photometric Plan 4A.6 95% PS &E -After approval and comments on the 65% design package, the Mark Thomas team will prepare 95% PS &E. The 95% design is a detailed and checked set that will provide detail on all elements of the project. DELIVERABLES • 95% PS &E (4 full size bond copies) and 1 pdf copy 4A.7 100 %PS &E - After approval and comments on the 95% design package, the Mark Thomas team will prepare 100% PS &E. The 100% PS &E is a complete bid ready package ready for advertisement. Mark Thomas will incorporate the project technical specification within the City's provided front -end "boilerplate" specifications and contract book. The project plans and specifications will be stamped and signed by a Mark Thomas Team member prior to advertisement. i -........•.. w.:- hr. �. wa. �. n,nvr. «.r..r•.......cws�a'•ettt 6..- �:4 * +.w+..7a!!w:1�A. .... '. _ br1RlH!I+.o�eNeuo.ws•M4rt taxi!: n�kY+ �:. r+ 4'. tM47h�1' 6' �' �?' �M2 +N!Rh!Mtrk�YOS�+keb"4+- !xryy_.. .r '. .... ,.. .v.�:o-+wrs.w�in.... U MARK ■ ■ THOMAS Iron Horse Trail Bridge Overcrossing City of Dublin DELIVERABLES e 100% PS &E (4 full size bond copies) 1 copy in AutoCAD, MS Word, MS Excel and 1 pdf formats 4A.8 Structural Calculations - Mark Thomas will prepare bridge calculations, independent check calculations, and bridge plans. At the 65% submittal, Mark Thomas will submit a complete, unchecked set of bridge plans. Following review by the City, Mark Thomas will perform an independent design check of the bridge plans in conformance with Caltrans bridge design procedures. The independent check will be completed by an experienced registered engineer who was not Involved in the original design of the structure. The structure design and check will be performed in accordance with AASHTO LRFD Bridge Design Specifications, 6th Edition with Caltrans Amendments, AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges, and Caltrans Seismic Design Criteria, Version 1.7. The latest, updated versions of the Caltrans Bridge Design Manuals will be used. 4A.9 Conceptual Construction Schedule -Mark Thomas will prepare a conceptual construction schedule for the project that will take into account various issues and constraints found during the final design process. The conceptual schedule will be submitted with the 35 %, 65 %0 95% and 100% PS &E deliverables. DELIVERABLES e Conceptual construction schedule e Unless specifically noted, all deliverables in Task 4A, Design will be submitted electronically in pdf format TASK 1. BID SUPPORT (OPTIONAL) The Mark Thomas team will provide assistance and support as necessary during the bidding phase. This includes issuing necessary documentation and preparing addenda, revised drawings, quantity and cost estimates, and responding to Requests for Information. After closing of the bid period Mark Thomas will prepare a conformed set of applicable contract documents and will include the original Bid Document as the base document and incorporate all items, such as revised drawings, technical specifications, and quantities issued from addenda. The budget for this task was created based on past experience with similar projects and expected level of effort. Work will be billed on a time and materials basis as the actual required level of effort is unknown and will be based upon questions during bid time and requests of the City. DELIVERABLES e Addenda, revised drawings, and quantity and cost estimates and responses to Requests for Information e Conformed set of contract documents in pdf., MS Word, MS Excel, and AutoCAD formats e Unless specifically noted, all deliverables will be submitted electronically in pdf format TASK 2. CONSTRUCTION SUPPORT /DESIGN SUPPORT DURING CONSTRUCTION (OPTIONAL) The Mark Thomas team will provide design support during construction, respond to Requests for Information, review technical submittals, and assess change orders. We will attend progress and field meetings and coordinate with the City staff /Resident Engineer to provide support as needed and document design changes and provide revised drawings as required. The budget for this task was created based on past experience with similar projects and expected level of effort. Work will be billed on a time and materials basis as the actual required level of effort is unknown and will be based upon contractor questions and requests of the City. ..- :vrvyn T^t! war:-. hvnrv9 .a,... :a.:.�+.:.n".+e�b?Jt2k.. _ .. vxwnuv+r.�v.v. r... e�.rvt:wrva4n9?!ke >:.. U MARK ■ ■ THOMAS DELIVERABLES • Revised drawings and responses to Requests for Information • Unless specifically noted, all deliverables will be submitted electronically in pdf format Iron Norse 1 rail Bridge Overcrossing City of Dublin TASK 3. CLOSE -OUT SUPPORT (OPTIONAL) The Mark Thomas team will provide support, as needed, during close -out phase including assistance with reconciliation of pending change orders as well as preparation of an as -built set at project completion. DELIVERABLES • As -built drawings in pdf and AutoCAD dwg format • Unless specifically noted, all deliverables will be submitted electronically in pdf format TASK 4. EIR SCOPE AND BUDGET (OPTIONAL) 48.1 Notice of Preparation for EIR -If the Initial Study analysis concludes that significant impacts could occur as a result of construction or operation of the proposed overcrossing that cannot be mitigated to a less than significant level, Metis will prepare a Notice of Preparation (NOP) for use by the City. The Notice of Preparation would be used to inform the public that the City intends to prepare a Focused Environmental Impact Report to address only the specific resource areas the Initial Study identified as having significant impacts. The NOP will also reference a public scoping meeting, which Metis will lead, and during which comments from the public will be taken. 48.2 Environmental Impact Report -If the Initial Study analysis concludes that significant impacts could occur as a result of construction or operation of the proposed overcrossing that cannot be mitigated to a less than significant level, Metis will prepare an Administrative Draft Focused EIR for up to three resource area topics (ies biology, traffic, air quality) that includes text and graphics, incorporates the Initial Study by reference, and includes and addresses NOP scoping comments or letters received. The administrative draft will be submitted to the City of Dublin for review and comment. Once the City completes one round of consolidated comments on the Administrative Draft, Metis will prepare a public review (print- ready) draft of the Focused EIR which will be subject to a 45 -day review period. Metis will respond to comments from the public and prepare a Final EIR with findings. DELIVERABLES • Notice of Preparation • Project EIR • Unless specifically noted, all deliverables will be submitted electronically in pdf format L; a "1 1 �i a a C. O m = P -g ryi c Q � N� a N 9 T N y 6 m n M N N Y� Oi N QQ Vl n. 9].P O T ( 4Y� M tp P n N O A N m T M C� mN ski .dY A rmY ePi ei .P-1 ei eO1i IV 1!1 T M A rmi TTT m mQ Qq Q Q Q4QP ViNYfNNQ mU1 lD P \ W A W A P P P W m m dJ m m 4] \ W m \ �p m mm mm W W m ti M \ \ ppA �� m W m W W W m P mN W.M P A P P P P P N .P-I \ t ,r�. c O n \ A \ \ b \ P � \ \\ry\\ \ m \ \ \ m \ P m \ N A \ \ Q n '5 A 5 i \ i N $ \a mpp m M0 Q Q rt0 j �0 O N MOI m {I �A ✓I W �A n n n n W T M n n n n n n m \ P \ A A ryl l C! ry N V V p c 0 0 d 6 '1 O O.O a a O O O O O O O a O O O 0 0 0 0 0 d 0 0 0 O O O O O d'° O O O O O 0 O O O O u iR A W A A.WA W m W „ m AAAm m m AAA W .� e� W w\ \ M NWi mp wmi M W WWi .Wi N m m N W m a'p W W W \ Y\j.:� \(Y 01AflM 5 '".�,7R "+ rir mvo ri Y > Y ] y O Y ] U ] V 4 _ O O O 4 yyJ:Y V V V- 4'V d_ LO 4 U V V N W r rN rM r r r r> 42 1_- r r - f r J 14 > J r > ] 1- '_ t43 _ F 1- 12 > > ry r ] F F rN > > r , NO H 2 y_ 5 AY Snq T D oWOOomN 9�p9W 9V 9909 VV9pW �{pp 9p 9p W9tlq "O V"OD Y :V `9 TiC 'O9 N� N T O O t OM 0 T T N p99 N p9 y9�ARRR Q9 o9 a� O yp�'O9 ON O ON( N sPi m .N-1 N VI w M M �° el O O N M IN 0 q V1 m ti N NO ti 10.1 Vl m� e1 tj N N P em1 N ip < Q e � = C O i gg c ] c o wt n C ° �a 0 gYg jQ R Ob2 Z'T. E PS iS Ii L E c .'r� rb 'Y. a E' { r # )9f. (�G rz &' ,v adj 4m n 190 C n�" naaa d amm d .�Nm m Q= x° uo- a d S« '=oi2r r r r rr C 0 "Ell —__ o �P� m7 °i P �L�$1� O n See attached Cost Proposal. These rates remain in effect San Francis Transportai -u- -1 COMPENSATION SCHEDULE through June 30, 2018, at which time the City of Dublin allows for a CPI adjustment for g July 1, 2018 and each fiscal year thereafter. This adjustment shall be based on the isumer Price Index (CPI) for Urban Wage Earners. Consultant shall submit to the Manager, or their designee, in writing, proposed new rates for approval, prior to taking Please note, reimbursable expenses are included in Agreement's not-to- exceed total of $1,351,000. Any increases to this amount will need to be approved, in writing, by the Transportation & Operations Manager, or their designee. Invoices shall be submitted electronically to: pwinvoices @dublin.ca.gov. N tt 1 e. U MARK ■ ■ THOMAS EXHIBIT B RATE SCHEDULE (S) Mark Thomas & Company, Inc. Rate Schedule Expires June 30, 2018* Engineering Services Sr. Principal $369 Principal $340 Project Director (S. Dansky) $326 Project Manager (S. O'Keefe) $261 Sr. Engineering Manager $288 Engineering Manager $247 Practice Area Leader $247 Sr. Project Manager $208 Sr. Technical Lead $208 Project Manager $172 Technical lead $172 Sr. Project Engineer $145 Sr. Technical Engineer $145 Project Engineer $125 Design Engineer II $111 Design Engineer 1 $90 Sr. Technician $106 Technician $77 Intern $52 Urban Planning/Landscape Architecture Services Sr. LAUD Division Manager $217 LAUD Division Manager $184 Sr. LAUD Project Manager $162 LAUD Project Manager $147 Sr. Project Landscape Architect $111 Project Landscape Architect $96 Landscape Designer $75 Intern $52 Special Services Sr. Inspector $108 Inspector $78 Expert Witness $390 Strategic Consulting $390 Reimbursables including, but not limited to: Reproductions, Filing Fees and Field Expenses Mileage Outside Consultant Fees Cost Plus 5% Per IRS Rate Cost Plus 5% Survey Services Sr. Survey Manager Survey Manager Sr. Project Surveyor Project Surveyor Sr. Surveyor Surveyor Lead Survey Technician Sr. Survey Technician Survey Technician Survey Intern Single Chief Single Chainman Apprentice 1 Person Field Crew 2 Person Field Crew 3 Person Field Crew Project Support/Coordination Services Sr. Project Accountant Project Accountant Sr. Project Coordinator Project Coordinator Sr. Project Assistant Project Assistant Sr. Technical Writer Technical Writer Sr. Graphic Designer Graphic Designer Grant Writing Services Sr. Funding Specialist Funding Specialist $205 $185 $165 $145 $125 $110 $135 $110 $90 $60 $120 $105 $70 $160 $240 $330 $111 $90 $108 $86 $81 $58 $94 $58 $101 $72 $150 $120 'Rates subject to escalation with new hourly rote schedule os of July 1, 2018 PAGE 1 OF 1 .+r ..+:fax,wrpj?at�s«c"m:n�= •�.�:m= snr.+Y?5rtlkvl; fay! i<!. a� <+RhY��.P:+'+ri+x+tY�LwGkWtle .. .... wrb7rt+MAP ... .... -. YN;@ 4{NAB?FSD�F4xpvS��1Y6? +*+1�.:w� +'.,.•, -.•.- .. ..,,;�....:.�c.»r,: *. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: it the Certificate holder is an ADDITIONAL INSURED, thl If SUBROGATION IS. WAIVED, subject to the terms and conditions of this certificate does ot confer rights to the certificate holder in lieu of PRODUCER Asero Insurance Services 200 N. Almaden Blvd. 3rd Floor San Jose, CA 95110 www.aseroine.com License No. OA91339 INSURED Mark Thomas & Company, Inc. 2290 North First Street, Suite 304 San Jose CA 95131 CAVFRArsFA CERTIFICATE NUMRERa An113ndq s) must have ADDITIONAL INSURED provisions or be endorsed. , certain -policies may require an endorsement. A statement on REVISION NUMBER: NAIL A THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE D S POLICY NUMBER POLICY EFF POLICY EXP MM /D LIMITS B v1 COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR 1 Joe Longwello 680- 21­1548914 9/15/2017 9115/2018 EACH TOR DAMAGE occurrence) RTEI $1.000'000 MED EXP (Any one person) $10000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ✓❑ E T ❑✓ LOC OTHER: PERSONAL d ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS- COMP/DPAGO s2000000 $ B AUTOM691LEUAB1uTY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED ✓ AUTOS ONLY ✓ AUTOS ONLY BA- 61-1189707 9/15/2017 9/1512018 EOM DSINGLE LIMIT $10000,000 BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ PROPERTY Per accident DAMAGE s Comp/Coll Ded: 1 000 $ A �/ UMBRELLALIAB EXCESS LIAS �/ OCCUR CLAIMS-MADE CUP- 9E095562 9/15/2017 9/15/201$ EACH OCCURRENCE s4000,000,_ AGGREGATE s4,000,000 DED I t RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBEREXCLUDED? H (Mandatory In NH) it yes, describe under DESCRIPTION OF OPERATIONS below NIA UB- 5JO93756 -17 - 9/15/2017 9/15/2018 ✓ .S. eIUTE E.L. EACH ACCIDENT $120001 000 E.L. DISEASE -EA EMPLOYEE $ E.L DISEASE- POLICY LIMIT S 1 y000,00O DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CC -18102 -Iron Horse Trail Overcrossing on Dublin Boulevard City and its officers, employees, agents, and volunteers Alameda CTC, its governing body, o0lcers, employees and consultants are named as additional insured, NOTE: 30 DAYS NOTICE OF CANCELLATION WILL BE GIVEN EXCEPT 10 DAYS FOR NON - PAYMENT. froD'netlr A'r= uni nP{? raTJrad III /•eire7J1 CC -18102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dublin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 Civic Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Dublin CA 94568 I Susie Leyva 1 1/30/2016 9:08,41 AM AUTHORIZED REPRESENTATIVE 1 Joe Longwello %) 1888 -2076 AGUKD GOKPUKA I IUN. An ngnTs reserves. ACORD 25 (2018/03) The ACORD name and logo are registered marks of ACORD 40113043 1 RARRT -1 1 17/18 Master Certificate I Susie Leyva 1 1/30/2016 9:08,41 AM (PST) I Page 1 of 9 RESOLUTION NO. _____ - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AN AMENDMENT TO THE AGREEMENT WITH WESTERN PACIFIC SIGNAL, LLC. . WHEREAS, on July 17, 2018, the City Council adopted Resolution 90 -18 approving a Contract Services Agreement (“AGREEMENT”) with Western Pacific Signal, LLC. (“CONTRACTOR”) to support expansion of communication network along major arterials; and WHEREAS, Staff has successfully worked in expanding traffic signal interconnect along several major arterials; and WHEREAS, the current not-to-exceed amount of $105,000 in the AGREEMENT was based on limited scope of work, which now has been expanded due to the additional funding approved by the City Council on February 19, 2019 for the Capital Improvement Program Project ST0713; and WHEREAS, due to the expansion in the scope of work the current not-to-exceed amount for the AGREEMENT needs to be increased to further expand the network along major arterials; and WHEREAS, the City and CONTRACTOR now desire to increase the not-to-exceed amount to $200,000 to support the signal interconnect expansion. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to the Contract Services Agreement with CONTRACTOR attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to execute the First Amendment to the Contract Services Agreement with CONTRACTOR. PASSED, APPROVED AND ADOPTED this 19th day of November 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: __________________________________ City Clerk AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WESTERN PACIFIC SIGNAL WHEREAS, on July 18, 2018, the City of Dublin (hereinafter referred to as "CITY ") and Western Pacific .Signal, LLC (hereinafter referred to as "CONTRACTOR ") entered into a contract services agreement to support expansion of the citywide communication networks along major arterials (hereinafter referred to as the "AGREEMENT "); and WHEREAS, they CITY and CONTRACTOR now desire to amend Exhibit B of the Agreement; and WHEREAS, the CITY and CONTRACTOR now wish to amend the agreement to modify sections 2.0, 7.5, and 9.11 of the Agreement; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2. shall be rescinded in its entirety and replaced with the following: COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Two Hundred Thousand Dollars ($200,000), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic "), 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 Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 3) Section 9.11 Integration shall be rescinded in its entirety and replaced with the following: 9.11 Integration. This Agreement, including Exhibits A and B- REVISED, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or Not to Exceed agreements, either written or oral. 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ATTEST: By: Caroline Soto, City Clerk NAME OF CONTRACTOR By: Christopher L. Foss, City Manager Donald R. Shupp, Principal EXHIBIT B- REVISED COMPENSATION SCHEDULE The not to exceed amount total for this agreement $200,000 is for the following technical support and equipment supply: Technical Support: Year Cost for Three Years FY 18 -19 $ 15,000.00 FY 19 - 21 $ 60,000.00 $ 35,000.00 Equipment Supply: Year Cost per Year for Equipment FY 18 - 19 $ 30,000.00 FY 19 - 20 $ 60,000.00 FY 20 - 21 $ 60,000.00 Total Cost: $ 200,000.00 Invoicing Requirements All invoices shall be sent to City electronically, to the following email address: PWaccountingo,dublin.ca.gov and shall be sent to the attention of Accounting Staff. Each attached invoice shall identify the assigned project manager, a contact for firm's accounting representative, as well as the City project manager requesting the completed work. Invoices shall be termed from the first of the month, through the end of the month, and shall be submitted within sixty days of completion of each month, with the exception of invoices for the months of May and June. May and June invoices, as well as all other outstanding invoices, shall be due by July 15th of that year. CONTRACT SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WESTERN PACIFIC SIGNAL THIS AGREEMENT for contract services is made by and between the City of Dublin ( "City ") and Western Pacific Signal, LLC ( "Contractor ") as of July 18, 2018. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor 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 I nconsistency 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 on June 30, 2021, the date of completion specified in Exhibit A, and Contractor 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 Contractor 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. Notwithstanding the foregoing this Agreement may be extended on a month -to -month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that; a) sufficient funds have been appropriated for such purpose, and b) the price charged by the Contractor for the provision of the services described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement, as provided for in Section 8, 1.2 Standard of Performance. Contractor 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. Contractor is engaged in the geographical area in which Contractor practices its profession. Contractor 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 Contractor's profession. 1.3 Assignment of Personnel. Contractor 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, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time, Contractor 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 Contractor's obligations hereunder, Section 2, COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed One Hundred and Five Thousand Dollars ($105,000), notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed under this Agreement, in the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City Gontract Services Agreement between r.. — mac?,. City of Dublin and VII tern pAING.Si ha Page 1 of 12 Agreement Version 1 -2018 shall pay Contractor 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 Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and /or annuities to which Contractor 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. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services incurred prior to the invoice date. No individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his /her designee. Invoices shall contain the following information: ■ The dates of service provided at each facility; ■ Location of each service; ■ Daily logs of total hours worked by each individual performing work under this Contract o Hours must be logged in increments of tenths of an hour or uart�.er hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work ■ The Contractor's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor 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 Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B. Contract Services Agreement between ulyT{;2t�8 �.b•f i b.i City of Dublin and ,,: ,ter?Q!1$ign Page 2 of 92 Agtoomont Version 1 -2018 265 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.6 Payment upon Termination, In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 267 Authorization to Perform Services. The Contractor 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, Contractor 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 Contractor 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 Contractor'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, Contractor, 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 Contractor and its agents, representatives, employees, and subcontractors. Contractor 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. Contractor 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 Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor 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. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Contractor's policy shall be "primary and non- contributory" and will not seek contribution from City's insurance or self- insurance and shall be at least as broad as CG 20 01 04 12. In the Contract Services Agreement between liily'fl 2t}$ City of Dublin andlestem`iactfc Sigta� Page 3 of 12 Agreement Version 1 -2018 event Contractor fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to City of such cancellation, change, or lapse. 4.1 Workers' Compensation. Contractor 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 Contractor. 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, Contractor 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 Contractor, 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. Contractor shall notify City within 14 days of notification from Contractor'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 re uirements. Contractor, 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 therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 ( "any auto "). Contract Services Agreement between MAMAIA20 8 City of Dublin and VII'estern; Pactfla S W6A Page 4 of 12 A¢rasmenlVerslon 1 -2018 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 Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by the Contractor. 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 Contractor 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 Clty. Contractor shall notify City within 14 days of notification from Contractor's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 [RESERVED] 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:VIla 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor 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 and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. Contract Services Agreement betweeniitly3{;$Q1; City of Dublin and Page 5 of 12 Agreement Version 1 -2018 4.4.3 Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor's work, Subcontractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub- subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request, The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City, 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. 4.4.6 Deductibles and Self - insured Retentions. All self - insured retentions (SIR) and /or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability, Policies containing any self insured retention provision and /or deductibles shall provide or be endorsed to provide that the SIR and /or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance, The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance, Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self- insurance shall be called upon to protect City as a named insured. 4.4.7 Other Requirements, It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and /or limits shall be (9) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy. 4,4.8 Notice of Reduction in Goveraoe. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor's earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage, Contract Services Agreement between idly 18 2(8 City of Dublin and W,. stein Rac�f Sigrraj Page 6 of 12 Agreement Version 1 -2018 4.5 Remedies. In addition to any other remedies City may have if Contractor 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 Contractor'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 Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof, and /or ■ Terminate this Agreement. Section S. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. To the maximum extent allowed by law, Contractor shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Contractor or its employees, subcontractors or agents. Contractor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above In any such action, Contractor shall, at its expense, satisfy and discharge the same, Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor 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. Contractor/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONTRACTOR. 6.'I Independent Contractor. At all times during the tern of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have Contract Services Agreement between Q 0, City of Dublin and Ullestern F'aoiFG:Signaj Page 7 of 12 Agreement Version 1.2018 the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor 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. U Contractor No Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Sects LEGAL REQUIREMENTS, 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor 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. Contractor represents and warrants to City that Contractor 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. Contractor represents and warrants to City that Contractor 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, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.6 Nondiscrimination and Eaual Opportunity. Contractor 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 Contractor under this Agreement. Contractor 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 Contract Services City of Dublin and Page 8 of 12 Aveenmenf Version 1.2418 Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor 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 Contractor. Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination, City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1 . Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Ass annnent and Sub contract] ng, City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor'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 Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor 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 Contractor shall survive the termination of this Agreement. 806 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: Contract Services Agreement between lJu1y City of Dublin and VV -0 page 9 of 12 Agreement Version 1 -2018 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 Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in e=xhibit A not finished by Contractor; or 8.6.4 Charge Contractor 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 Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. MISCEbLANEOUS PROVISIONS, 921 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. 9.2 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 of Alameda or in the United States District Court for the Northern District of California. 9.3 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. 9.4 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. 9.5 Successors and Assi -ins. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 9.6 Use of Recycled Products. Contractor 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. 9.7 Conflict of Interest, Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contract Services Agreement between City of Dublin and tNesternPacificrSigna e 10 of 12 Version 1 -2018 Contractor 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. Contractor 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 Contractor was an employee, agent, appointee, or official of the City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor 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. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement Oof Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at W\W, , fepc,caI cloy liLdgZ,phL ?id�=500. 9.8 Solicitation.. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 9.9 Contract Administration. This Agreement shall be administered by the City Manager ( "Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 9,10 Not„ ices. Any written notice to Consultant shall be sent to: Western Pacific Signal Attention: Donald Shupp 16890 Foothill Blvd San Leandro, CA 94678 Any written notice to City shall be sent to: City of Dublin Public Works Attention: Obaid Khan 100 Civic Plaza Dublin, CA 94588 9.11 Intearation, This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Contract Services Agreement between Y JUIy �8io$ City of Dublin and i�leefem`P�iYifc�,�lgw Page 11 of 12 Agreement Version 14018 CITY OF/EU LIN / CONTRACTOR her L. Foss, City Mahager Attest: 4 z � /94 Et Caroline Soto, City Clerk Approved as to Form: City Attorney Contract Services Agreement between City of Dublin and Ul/tern{l?acife=Signa Donald R. Shupp, Principal Western Pacific Signal, LLC Page 12 of 12 Agreement Version 1 -2018 EXHIBIT A SCOPE OF SERVICES On -call consultant services agreements are utilized for services requiring expertise that City staff needs to supplement City staff during periods of peak work demand related to traffic signal operations. Currently, there is a need for specialized traffic signal systems and communications expertise, Western Pacific Signal; LLC (hereinafter "WP Signal ") has integrated various Intelligent Transportation System (ITS) devices and software for the City of Dublin (hereinafter "City "). WP Signal has delivered and provided technical installation support and onsite technical training on numerous ITS devices and related software, including local signal controllers, traffic central management software, CCTV, vehicle detection equipment, and network communication switches, WP Signal is offering a Technical Maintenance Support Contract, WP Signal will provide technical support for the City's existing traffic infrastructure for the defined term, which will include existing traffic central management, local signal field controller operation, and communication devices. WP Signal will ensure availability of a qualified representative will provide troubleshooting assistance of the traffic central management system, and emergency support 24 hours a day, seven days a week, Signal system emergencies are defined as a condition related to the malfunctioning of the signal hardware or software that impedes normal operation of the signal timing plans, such as going into flash, The work performed under the Traffic Signal Engineering services agreement is proposed to include, but not be limited to: evaluating and recommending traffic signal improvements; evaluating and recommending traffic signal timing and coordination strategies; and implementing ITS applications features within existing systems. Contract Services Agreement between my ($ 20 f8 City of Dublin and ;V�leSterrt#?'bifiC';Slgtli] Exhibit A: Scope of Services EXHIBIT B COMPENSATION SCHEDULE The not to exceed amount total for this agreement $105,000 is for the following technical support and equipment supply: Technical Support: Year Cost for Three Years FY 18 - 21 $ 15,000.00 Equipment Supply: Year Cost per Year for Equipment FY 18 - 19 $ 301000.00 FY 19 - 20 $ 30,000.00 FY 20 - 21 $30,000,00 Total Cost: $ 105,000.00 Invoiciina Requirements All invoices shall be sent to City electronically, to the following email address: i'Waccountin a..dL[blin.ca.c#ov and shall be sent to the attention of Accounting Staff. Each attached invoice shall identify the assigned project manager, a contact for firm's accounting representative, as well as the City project manager requesting the completed work. Invoices shall be termed from the first of the month, through the end of the month, and shall be submitted within sixty days of completion of each month, with the exception of invoices for the months of May and June. May and June invoices, as well as all other outstanding invoices, shall be due by July 15'h of that year. Contract Services Agreement between Uu(y 18'01$ City of Dublin and UVstern (?'api#inSignal Exhibit 13: Compensation Schedule idi 1e%Xtern Pnelrieo sigIME", Xdxdgc d; 15890 FoothW Blvd. San Leandro, CA 94;78 Ph: (510) 276 -6100 Owtflon Issued to: City of Dublin Put 100 Chic Plate Dabltn CA 945a Ship To 100 Chic Plaza Dublin, CA94568 Estimate Date Issued: YIPS EsUftlate S 3.'2312018 283x0 Contract Services Agreement between City of Dublin and �lVestprnJPaciflc Signal M Exhibit B; Compensation Schedule Requester Eeliniator I Rep Parrot Tome FOB / Desisety Terms 06;daKhrn Tian Net 30 Factory �- WPS item code PttMUC at =': ' Oty Unit Each ; Total . Consulting Senice Agretnr -t for Traffic Signal Control Syvtent & Uttiimt itahyottation Sylent. I YR Sutspott Pdarity to Wcal write for nehmik com=nicafion, local signal controllersofiw >Q.;gadATMS.erne and clientsof -m 3 .: Yr 000:00 13,504.00 svppott Veadot %Zproside the rollouifi . 24-hows a dayemargaocy usituma to Signal system con ttow !flat an rdawd to the nr111tmc60DW of the signal . . hardw9eorf offww e that inV*do,normalOpetallnnofthe! fa timing plans. such a; going into LIM11 ..: •dtiormumof (2) single day training sessions pu year to train new staff 2nd prosidea`reftvrA- ei cotasc for ehjseagsUM abta+dmamof(2)halR tiisih Per nanth for op- sitetechnical . . wpport aS 1%ice 404%-Nyby persons trained and everientej in & pml$ion of the specific hanspwtation services. *Mtails of SaNiees prolided are descnbed in the Consulfin; Serlices Agmeawat dw=Mt w5Jubit A - Scope of Runt" Subtotal Sites TAX (9.26 %) Total Contract Services Agreement between City of Dublin and �lVestprnJPaciflc Signal M Exhibit B; Compensation Schedule `1 v entexz xx 1P►aCSiiic F+ignal� LL.G 15890 Toothill Blvd. Sau Leandro, CA 94578 Ph: (510) 276 -6100 Ouolation Issued to.- City of Dublin pot 100 Cisic Plea Dublin, CA 94563 Ship To 100 Civic Pura Dublin, CA 9456S Estimate Date Issued: WPS Estimate # 5.252015 25320 Page 2 Contract Services Agreement between City of Dublin and Westeilf?aclfic ;Signal Exhibit B: Compensation Schedule Requestor Estimator t Rep Pay FOB f DellYefy Temps ObaidKlaan Tim Factory W FS Item Code ": Product Description I Oty Uri Each Total Sertrce E[tra'wecpas visit, half dayratq for on-site technical support for 0 Ls Sfi0.44 0.00 netnvii communication, local !ipW controller sof3n-aie, and ATAfS senv and client soft we, wLocal signal controller softctwe support include; basic controller software setup, TSP soft-am actiratiou, logic and pear pesconf eiva6an. (Loc2J infuvwfion licese not included.) Tletnoik Daiice sofhi- ae support includes deuce soft wa configumfion, and rMiew and adlisewent ofcomanmicatioa rising fcctaiious netm4- brand; ATMS saver and client soft-An support incl das a;si:taue in ATMS.now Client installation, datr3oping s5ttem's graphical iuteifada and whip customize reports. ATNISTrai� Hai fDayen- sitetechaical training onA ASS.Tniaialaill 0 Ls 800.00 0,00 cwerU.P issofhtarcsetup ,databaseweandman4mlatiou, custom report geuer3t1W and graphical M3P gentntion and aninntion_ .. .. Local Controller Training Half - Rayon- 6teteclnical training oniocalinttlw ..ec6onsignal 0 Ls S00.00 0.00 controller fining and coordination. Training nill covarbasic controller bmduare and sofhtwe setup, preaniption andpriority operational dlarma, troublesloofin& coordination and logic configuntion Subtotal Sales Tax (9.211 %) Total Page 2 Contract Services Agreement between City of Dublin and Westeilf?aclfic ;Signal Exhibit B: Compensation Schedule Weri;t46rrt iaaciric migixott T,aL.c� t?' 15890 Foothill Blvd. Snn Leaudeo, CA 94578 Ph* (510) 276 -6400 Ovotation issued to: Cityo£DublinN1 100 Cirie Plaza Thtblin, CA 9456S Ship To City o£lhiblia public Wot3;s 100 Civic Plaza lyubluy CA 945 CS Estimate Oata lcsued: WPS EsSmate 5q5 ?2418 28320 one -yeu YMraaW applies t0 nelvileuri, aad(YO) days to iepaved orreRubUed item;. Visa & hK puchssing cards are accepted with a 4% comgaimce fe", h£o >tdata sheQt spacifications ate atailable online at v%ww.np;ipAcom Pago 3 Contract Services Agreement between City of Dublin and 1Nestern :Paclficvigii Exhibit B: Compensation Requestor EstimatorlRep PaymentTemis F0910erwwyTemts ObaidKh= Ton 1400 Factory WPS Item Cade Pmducl Oescripbptt Oty Urit Each Totui 1Iatwvrk l}et�e Trainitsg HW 1}ry on -site tetbnkal b-4"ff 6a netncrk OemmLIDlcation 0 Ls 800.00 0.00 desires. Training uiti cover basic nEExark oienien; baidnme and software setup for Adelis, Ethettrau ENCO \nand or . K)izod &am3s REVISED MAY25, 2018 Subtotal $I3,i00.00 SaleS TAR (925 %) P S0.00 Tt,is quotation L good for quanties listed above or g<oater, All estimates am Total sls,sao.00 guateafeed Valid for at least (30) days. Except as debi]cd above, limited m!'6. one -yeu YMraaW applies t0 nelvileuri, aad(YO) days to iepaved orreRubUed item;. Visa & hK puchssing cards are accepted with a 4% comgaimce fe", h£o >tdata sheQt spacifications ate atailable online at v%ww.np;ipAcom Pago 3 Contract Services Agreement between City of Dublin and 1Nestern :Paclficvigii Exhibit B: Compensation W+eebt+erzi ipackrkct IsIgIlL alt, Ymdz. C 15890 Foothill Blied, San Leandro, CA 94518 Ph: (510) 276 -6400 Quotation Issued to: 100 Chic Plana Dublin, CA 94568 Shp To WOIL., 100 Chic Plara DuMiN CA 94568 Estimate Date Issued: WPS Estiatale # 5/13/2018 25720 Requestor I EsUnlalot l Rep I Paymni Terms I FO@ 1 Dafnrary Terns OhWaKhw I Tan I A'et30 I Fictoty WPS Item Code Product D on escriph Q!Y tktit Each Total Intalligmt Trvrrportalion S):tem (ITS) Ibti:Br pow Conau!6 -4 Senicv. GS- 3 -PI'! neeis Contract GRIDSI DMTXtehide Iaargine Video Detection Slstem(kFAMS) Complete Smile Caniara, Stop Bar Dete:6on to iwkje: !0) GRIDSZtART ultra-aide angle Es1e}4 cwnm pith sealed eaclomre, GRMS\LWT PIN GS- 3.GA1.0 (1) GRMSAfART Processing Unit, Rack a Shelf Afouat with ht o exn>era interflc% inclndes GRB)SADARTsofieare, GRIDSJLART PM GS -3•GS2 (1) GRMSNi T TS2 Connecoot Diit For GS•3 -GS2, includes SDLC Connector. to be uted for TS2 4%irouments, PIN GS2 -TS2 -OPT (1) SI)LCPALA Cable, 6tk, UTS PIN ll'PS SUC (1) smirel bradel Camera M rating Hardwam n function box & connabr, GRIDSIURTP1NGS4 -S\fC. (t) OL•oa Cable Clamp, 2' to 7` elanvingdiameter. PIN SBC66•St3C- (1) Vdoo DoWtion Camara Ifountins Aim Pole (90 depees), 58 ", GRIDS1`fART PIN GS.3 -MS. 300' Uetectioo Comm C;ble, Bthemek Cat M 350,\Qv, Outdoor rated, Direct BmiA CAD., Shielded, Gel, P1N CATS So&siam, GRWSNMI Perfwuimce ")W% protides count, classificatim and finning morenAnts, up3#in 'MEW }yu, crst pw inter<..ectioo -NOMEDIA. Mfg, Ph\wGS3- PFht.(Optional) 304ry etahution included at no thc-rge Its Seko Inteese%4or Ml Contract Services Agreement between City of Dublin and V'et'rr�:a�c_ifieSgtla Subtotal 1 Pa 13,200.001 0.00 Sales Tax (9,28 %) Total Exhibit B: Compensation Schedule VYQS�t�rnz 1t�aaci�ic t�igna, �.r�.0 15890 Foothill Hh•d, San Leandro, CA 94578 Pit: (510) 276 -6400 Quotation Issued to: Cisic Plaza lur, CA 94565 Shp To 100 Cilia P" Dublin, CA 94565 Estimate Date lssued: MS Estimate 0 5125!2015 25720 one )a r warranp appues to nea ttea13, rand (y0) d a }z to rePwe-d or r*hzWhcd items. Lrisa & NVC purchasing cards am acceptedsvith a 415 a mvnieuce fee_ MOO data sheet specifications we available online at R6sysv.wpsi9rv3lCOm Contract Services Agreement between City of Dublin and W s ern Pacifibisl lad Page 2 Exhibit B: Compensation Requestor Wmator / Rep Payment Terms FOB 1 Delivery Terms ObaidKhan Tim 9s<t30 Facto>a WP5 Item Code Product Description Oly t)nit Each Total TC- CKI -SBE ALcrorras+ etvhsalenahonaod presence lraclmLsen :or,haerector,AlS 1 Ea 52100.00 57100.00T Sedco PIN TC%CKI.SBE to iwludz (1) NEbfA InterSce Board, PIN TCIBA. . Afounting Bracket Rigid htormt Bracket w4adaptor for NIS Sedgo Inter -•e. W Radat Mount 1 Ea 110,00 l 10.00T TCIB-t MiA interface Board, D%W Vottaa•e, Single Slot, 4 Chumel, for 1 Fa 435.00 MOT IntenswtorprMweSensor,P4 7t:M4 TCIPI.4 Wedor POw @r Injector forintersedor sensor, NIS Sedco PWI MPH I Ea 750.00 7:0.001 Cats Detection Conau Cable, Etbar E Cat 5E 350 \g¢7 Oat&m rated, Direct 300 Ft 0.98 294.00T Burial, C?%K Shielded, Or1, PIN CAT5 Nehawk Commmicafion Devices NU ODF Ethernet Snitch, riber Based, Dual SFP sq kets,hiauzged 10011000B3se 1 Ea 13255.00 10285.00T 6"t mitds, DIN tat? mount, Actths PN 501KC4221 MASS Ethernet Copper Bridge,Drop k Continue Unit, Nianapd 10 +100 4 -pod I Ea 22495.00 2,495.00T swatch, 4•p* in and out, 4 onded copper, svIGNIP Snooping, Actelis Networks 2,11658 Afeialight Modem !fireless Commmicafion System; Enoom E*Ute 5S INT... 5.6 Ghz Radio 300 5ps integrated dual polarity antaura. Includes: K551 2 Ea 21460.00 41920.00T indicators and extra reet button, 502.3.at POE Injector and moan64 bracket Support; up to 100 nsHets of Cats cable hom POE injector to Radio. Eucom PIN E-Lite 58INf HV Allow 3.4 peals for delivery ARO Subtotal S29,749.00 Tax (9.25 %) $2,751.78 This quotationis good for quaatiesUed2bo veor greater. All estiantesare .Spates Total guaranteed valid for at teist (3 0) da)s. Except as detailed above, linited mfg. $32,500.75 one )a r warranp appues to nea ttea13, rand (y0) d a }z to rePwe-d or r*hzWhcd items. Lrisa & NVC purchasing cards am acceptedsvith a 415 a mvnieuce fee_ MOO data sheet specifications we available online at R6sysv.wpsi9rv3lCOm Contract Services Agreement between City of Dublin and W s ern Pacifibisl lad Page 2 Exhibit B: Compensation