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HomeMy WebLinkAboutItem 4.6 AgrmntB&K DB@SlvrgtWdng (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 23, 1991 SUBJECT: Agreement with Bissell & Karn, Inc., For Consulting Engineering Services for Widening Dublin Boulevard Between Silvergate Drive and Hansen Drive and Modifying its Intersection with Silvergate Drive (Report Prepared By Lee Thompson, Public Works Director) EXHIBITS ATTACHED: 1) 2) 3) Resolution Approving Agreement Agreement Copy of City Request for Proposal (RFP) RECOMMENDATION: Adopt resolution approving the agreement with Bissell and Karn, Inc., for the engineering work for both the Dublin/Silvergate intersection and Dublin Boulevard widening projects, and authorize the transfer of $28,850 from unallocated reserves to this project. FINANCIAL STATEMENT: Dublin/Silver- gate Intersection Topo: Design: Budget for Engr. Work $ 5,000 25,000 $ 30,00o Engineering Proposal for either project as a standalone Engineering Proposal for both projects done simultaneously (Subtotal) $ 11,900 19,100 $ 31,ooo $ (see below for combined costs) Dublin Blvd. Widening Silvergate to Hansen (No budget currently proposed for a future CIP project or project constructed by developer.) Topo: $ 8,800 Design: 14,600 Landscape design for southern slope 10,700 (Subtotal) $ 34,100 Total: $ 65,100 $ 17,200 27,900 9,500 54,600 The engineering work for the Dublin-Silvergate intersection is very close to that budgeted. Staff requested that the consultant's proposal include the widening of Dublin Boulevard from Silvergate to Hansen Drive, as it appears that the Hansen project may place the Dublin Boulevard widening fill as part of the Hansen development agreement now being negotiated. The three options are: 1) To design the Dublin/Silvergate intersection only: $ 31,000 2) To design the Dublin/Silvergate intersection and later the Dublin Boulevard Widening as separate projects: $ 65,100 3) To design both projects as two phases of one set of plans: $ 54,600 ITEM NO. COPIES TO' Bissell & Karn, Inc. (~ITY CLERK If the City chooses OPTION #2, the contract would only include the Dublin/ Silvergate intersection with a City option to design the second project at a later date at the proposed price, plus a percentage increase to cover cost of living rate increases. If the City chooses OPTION #3, a budget transfer will be needed in the amount of $24,600, plus a 10% contingency, or a total of $30,060. It is proposed to pass the cost of these two projects along to the developers of the Hansen project, the Donlan Canyon project, and the western planning and development. For the short term, the City would have to front these costs. DESCRIPTION: The project included in the current Capital Improvement Program (CIP) will modify the Dublin Boulevard/Silvergate Drive intersection back into a "T" intersection, with Dublin Boulevard being the through street. Currently, Dublin Blvd. west of Silvergate Drive is a two-lane street that ends in a cul de sac with few residences and businesses. Most of the traffic travels between Dublin Boulevard east of Silvergate Drive and Silvergate Drive. This pattern will change in the future due to development west of Silvergate Drive close to Dublin Boulevard and the extension of Dublin Boulevard further west with interchanges to the 1-580 freeway. The expected increase in traffic on Dublin Boulevard will make it necessary to also widen Dublin Boulevard from Hansen Drive to Silvergate Drive. It is proposed that these projects will be paid for or costs reimbursed by developers to the west. It is possible that the project would be designed in two phases. Phase I would modify the intersection of Dublin Blvd. and Silvergate Drive, and Phase II would widen Dublin Blvd. from Hansen Drive to approximately 400' west of Silvergate Drive. However, if both phases are designed at the same time, it would be more economical. The current CIP anticipates the City fronting funds for design of this project. Three proposed options are outlined in the Financial Statement above. On July 25, 1991, the Public Works Department received four proposals from local qualified engineering consulting firms. After reviewing all four proposals for past performance, experience, knowledge of the area and site, the proposed design time, and equipment and experience of assigned staff, Staff considered Bissell & Karn, Inc. best able to fulfill the City's requirements. Staff opened the fee proposal package and negotiated the above fees as being reasonable for the scope of the work. In accordance with State Law, the selection of engineers and other specified services must be based upon qualifications rather than bid prices. Combining the design of the two projects would: 1) allow the placement of roadway fill along the south side of Dublin Boulevard by the Hansen Hill developers, rather than pay for imported fill sometime later: and 2) would allow a cost savings of $10,500 in engineering by designing the project as a two-phase project over designing these projects separately. Staff recommends therefore that the City Council adopt the resolution approving the agreement with Bissell & Karn, Inc., for OPTION #3. a:~agenda~bislkarn RESOLUTION NO. -91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH BISSELL & KARN, INC., FOR DESIGN OF DUBLIN BOULEVARD BETWEEN HANSEN DRIVE AND SILVERGATE DRIVE WHEREAS, the City of Dublin plans to widen Dublin Boulevard between Hansen Drive and Silvergate Drive and modify its intersection with Silvergate Drive; and WHEREAS, contract personnel are needed to perform these technical services; and WHEREAS, Bissell & Karn, Inc., has demonstrated adequate ability to perform the work; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the agreement with Bissell & Karn, Inc., to design Dublin Boulevard between Hansen Drive and Silvergate Drive and modify its intersection with Silvergate, which will include the landscaping design for Dublin Boulevard. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 23rd day of September, 1991. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a:reso\bislkarn STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of , 1991, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Bissell & Karn, Inc., ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. Young. The Project Manager for Consultant shall be Mr. Jack 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). Ail correspondence shall be directed to or through the Administrator or his designee. 10. NOTICES. be sent to: fax Any written notice to Consultant shall Bissell & Karn, Inc. P. O. Box 10009 Pleasanton, CA 94588-0009 (510) 463-0660 (510) 734-0127 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk By "Consultant" Approved as to form: City Attorney EXHIBIT A SCOPE OF SERVICES AND SCHEDULE PER PROPOSAL FOR ENGINEERING SERVICES TO THE CITY OF DUBLIN FOR WIDENING DUBLIN BOULEVARD AND MODIFYING INTERSECTION OF DUBLIN BOULEVARD AND SILVERGATE DRIVE JULY 25, 1991, AND REVISED FEE ESTIMATE DATED SEPTEMBER 16, 1991, OPTION #3 PLUS OPTIONAL SERVICES 5.1. Exhibit A Page 1 of 1 09/16/91 EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant an amount not to exceed the total sum of FIFTY-NINE THOUSAND FOUR HUNDRED DOLLARS ($59,400) for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of each task based on the cost for services performed in accordance with the Proposal for Engineering Services to the City of Dublin for Widening Dublin Blvd. and Modifying Intersection of Dublin Blvd. and Silvergate Drive dated July 25, 1991, and Revised Fee Estimate dated September 16, 1991, of $59,400. This cost includes the submittal of photo mylars of all the tract maps adjacent to the project. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered. If the cost for additional services is over 25% of the original contract amount, City Council approval is required. Exhibit B Page 1 of 2 09/16/91 The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 2 of 2 09/16/91 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably nece- ssary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 09/16/91 EXHIBIT D GENERAL PROVISIONS o o o INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcon- tractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 cover- ing Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. Exhibit D Page 2 of 6 09/16/91 o C o n o Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Minimum Limits of Insurance. limits no less than: Consultant shall maintain (i) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guarantee- ing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its Exhibit D Page 3 of 6 09/16/91 F · officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. (3) Professional Liability. Consultant shall carry professional liability insurance in an amount of $1,000,000 City to protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (4) Ail Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Verification of Coveraqe. Consultant shall furnish City with certificates of insurance and with original endorse- ments effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, Exhibit D Page 4 of 6 09/16/91 o o certified copies of all required insurance policies, at any time. H. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 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. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any sub- consultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the negligent performance of the work. This paragraph shall not be Exhibit D Page 5 of 6 09/16/91 10. 11. construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. a:agmt\bislkarn Exhibit D Page 6 of 6 09/16/91 Bissell P.O. Box 1, Pleasanton, CA 94588-0009 5890 Stoneridge Drive Pleasanton, CA 94588-2702 (415) 463-0660 FAX (415) 734-0127 A Greiner Engineering Company RECEIVED SEPt 1991 PUBLIC ,WORKS September 16, 1991 Mr. Lee Thompson Director of Public Works/City Engineer City of Dublin Dublin, CA 94568 Re: Revised Fee Estimate Design of Dublin Blvd./Silvergate Drive Intersection Improvements & Dublin Blvd. Widening - Silvergate Drive to Hansen Drive. Dear Lee: We have prepared a revised Fee Estimate for the subject engineering design work to reflect recent discussions with you and your staff that have provided a more definitive scope of services. Our revised Fee Estimate is based on the following: · Design embankment slopes without retaining walls for the widened roadway section on the south side of Dublin Blvd. · Landscaping is limited to the median areas and areas adjacent to revised curb lines at the intersection with Silvergate Drive. Any landscaping coordination with adjacent property owners to be handled by City. · Develop alternative preliminary intersection layouts at intersection with Silvergate Drive. · Driveway connections at Dublin Blvd./Hansen Drive intersection to be designed as shown on preliminary layout. Alternative designs will not be studied. · Street improvements will be within existing ROW. · Geotechnical services to be provided by City. · Record of Survey will not be required. Separate fee estimates have been prepared for the following three options: Option 1 Dublin Blvd./Silvergate Drive Intersection Improvements only. Option 2 Widening of Dublin Blvd. from Silvergate Drive to Hansen Drive only. Intersection improvements not included. Option 3 Combination of Options 1 and 2 to be completed as a single Plan and Construction Package. LCP. 26.89 September 16, 1991 Page 2 Tasks Investigations, Coordination & Ma~pinq 1.1 Establish Program 1.2 Inventory & Review Existing Data 1.3 Field Survey & Mapping. Includes base topography for entire project. Subtotals - Task I Estimated Fee Options No. 1 No. 2 No. 3 600 $ 1,000 $ 1,000 500 700 1,000 10,800 13,300 15,700 11,900 $1 5,000 $17,700 II. Preliminary Design 2.1 Right-of-Way Engineering (Included in Task 1.3) 2.2 Landscape Architecture 2.3 Preliminary Street Design 2.4 Preliminary Quantities & Cost Estimates Subtotals - Task II 4,000 --- $ 4,000 1,500 1,000 2,500 50O 700 1,000 6,000 $ 1,700 $ 7,500 III. Final Design 3.1 Preparation of Plans 3.2 Specs. & Special Provisions 3.3 Utility Coordination 3.4 ROW Certification (Included in Task 1.3) 3.5 Construction Quantities & Cost Estimates 3.6. Independent Quality Control Review 3.7 Presentation of Deliverables Subtotal - Task III 7,500 1,000 70O 7,000 $12,000 1,000 1,500 700 1,000 700 1,000 1,500 1,000 1,000 1,500 500 500 700 $11,400 $11,200 $18,200 LCP. 26.89 8issell September 16, 1991 Page 3 Tasks Estimated Fee Options No. 1 No. 2 No. 3 IV. Final Plans, Specs. & Estimate 4.1 Plans, Specs. & Estimate $ 1,000 $ 1,000 $ 1,500 4.2 Permits 300 300 300 4.3 Submittals 200 200 200 4.4 Construction Bid Documents 200 200 200 Subtotal - Task IV $ 1,700 $ 1,700 $ _2,200 TOTALS $31,000' $29,600* $45,600* *Includes $6,200 for base topography for entire project. If Option 1 were done first for $31,000, the cost for doing Option 2 would be $23,400. Similarly, if Option 2 were done first for $29,600, the subsequent cost for Option 1 would be $24,800. Therefore, the total cost of doing the improvements in two projects is $54,400 vs. $45,600 for doing it as one project. V. Optional Services Option Option No. 2 No. 3 5.1 Landscape Architecture - $10,700 landscaping design for south side of Dublin Boulevard (within R/W) 5.2 Landscape Architecture - $ 4,300 landscaping design for north side of Dublin Boulevard (within R/W). To be done in conjunction with 5.1. 5.3 Construction Support $13,500 (Incl. intersection median island and behind curb.) $17,800 (Incl. intersection median island and behind curb, and south side also.) To be negotiated LCP.26.89 Sisseil 5Karo September 16, 1991 Page 4 Please let us know if you need any additional information. Very truly yours BISSELL & KARN, INC Piero P. Ruggeri, P.E. Vice President PPR:sk LCP. 26,89