HomeMy WebLinkAboutItem 4.05 AmendAgmtS&CConsult CITY CLERK
· AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 1, 2004
SUBJECT: Amendment to Consulting Services Agreement with S&C
Engineers, Inc. (S&C), for the 1-580/Tassajara Road Interchange
Improvement (Modification to Scope of Work and Additional
Compensation)
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1) Resolution Amending Agreement
2) Agreement dated January 16, 2001 and Amendment No. 1
RECOMMENDATION¢-\~ \r~Adopt Resolution approving Amendment No. 2 to S&C contract
FINANCIAL STATEMENT: S&C's original agreement: Phase I: $ 53,000
Amendment No. 1: $1,235,568
Proposed Amendment No. 2: $ 90,009
TOTAL: $1,378,577
FY 03-04 Budget: $203,569
Expenditures through 5/04/04: $113,084
Amendment No. 2: $ 90,009
Total Expenditures for 03-04: $203,093
The cost of Amendment No. 2 is $90,009 and there are adequate
monies in the budget to fired this amendment. This will be paid with
the monies advanced for the project by Jennifer Lin, The Mission
Peak Co., Greenbriar Land Company and Alameda County Surplus
Property Authority. The advanced funds are being credited against
the required Eastern Dublin Traffic Impact Fees for the various
developments. . ..........
DESCRIPTION: In 2001, the City Council approved the agreement with S&C, which
included Amendment No. 1 to administer the construction of the 1-580/Tassajara Road Interchange
Improvement project. During the construction of the project, several Caltrans and City initiated change
orders to the construction contract required additional inspection, contract administration, testing, and
surveying work from S&C and their sub consultants. These change orders, which were not included in
COPIES TO: James Scott, S&C Engineers
g:\engr\S&CkAgstS&C Amendment2 580-Tasslmprov.doc [~'~ ITEM NO. ~
S&C's original scope of work, include the City's request to construct an additional northbound lane on
Tassajara Road, installation of a box culvert, additional landscaping in the Tassajara Road median and
along Koll Center, and Caltrans' request for slope paving and drainage modifications. The not-to-exceed
amount to perform this extra work is $90,009.
Staffrecommends that the City Council adopt the resolution approving Amendment No. 2 to the S&C
contract to include additional scope of work and to provide additional compensation of $90,009.
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT NO. 2 TO AGREEMENT WITH S&C ENGINEERS, INC.,
FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
1-580/TASSAJARA ROAD INTERCHANGE IMPROVEMENT PROJECT
WHEREAS, the 1-580/Tassajara Road Interchange Improvement project was constructed as part
of the development process in Eastern Dublin; and
WHEREAS, on January 16, 2001, the City Council approved an agreement for consulting
services with S&C Engineers, Inc. (S&C), to perform constmctability review for the 1-580/Tassajara
Road Interchange ImprOvement Project; and
CITYCLERK
................. Fiie# II_ lt9 I.o-I llal
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 1, 2004
SUBJECT: Amendment to Consulting Services Agreement with S&C
Engineers, Inc. (S&C), for the 1-580/Tassajara Road Interchange
Improvement (Modification to Scope of Work and Additional
Compensation)
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1) Resolution Amending Agreement
2) Agreement dated January 16, 2001 and Amendment No. 1
RECOMMENDATION.~~Adopt Resolution approving Amendment No. 2 to S&C contract
FINANCIAL STATEMENT: S&C's original agreement: Phase I: $ 53,000
Amendment No. 1: $1,235,568
Proposed Amendment No. 2: $ 90,009
TOTAL: $1,378,577
FY 03-04 Budget: $203,569
Expenditures through 5/04/04: $113,084
Amendment No. 2: $ 90,009
Total Expenditures for 03-04: $203,093
EXHIBIT "A" OF RESOLUTION -04
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND S&C ENGINEERS, INCORPORATED
FOR CONSTRUCTION MANAGEMENT SERVICES
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and S&C Engineers,
Inc. (hereinafter referred to as "S&C"), entered into an agreement on January 16, 2001, to perform
preconstruction tasks, including constructability review, for the Interstate 580/Tassajara Road Interchange
Improvement Project; and
WHEREAS, on December 4, 2001, S&C's scope of work was expanded under
Amendment No. 1 to include construction management under Phase II of the original scope of work; and
WHEREAS, during construction of the project, several Caltrans and City initiated change
orders .required additional inspection, contract administration, testing and surveying work from S&C and
S&C's subconsultants, and these change orders were not included in S&C's original scope of work; and
WHEREAS, it is necessary to expand S&C's scope of work to include these additional
tasks;
NOW, THEREFORE, the parties hereto agree as follows:
Scope of Work
Scope of Work shall be modified to include additional scope of work as described in S&C's letter
dated April 12, 2004 (attached).
Extension of Term
The total cost for time-and-materials work under this amendment shall not exceed an additional
$90,009 based on the attached letter.
CITY OF DUBLIN
Mayor
ATTEST:
City Clerk
S&C ENGINEERS, INC.
James 'E. Scott, President
Date:
g:engr-contrachS&CXamendment2
April 12, 2004 CH~ ~¢{)~K8 ~
File No. 10402.04
S&¢ EHGIHEERS, IHC.
Mr. Ferdinand Del Rosario
Senior Civil Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
RE: 1-580/Tassajara Road Interchange Improvement Project
Construction Management - Phase II
Request for Amendment//2
Dear Ferd:
S&C Engineers, Inc. is requesting an amendment to the agreement' between the City of Dublin
and S&C Engineers, Inc. to provide Construction Management Services for the 1-580/Tassajara
Road Interchange Improvement Project.
As we discussed, several Caltrans and City initiated change orders to the construction contract
required additional inspection, contract administration, testing and surveying work from S&C
Engineers and our subconsultants. The change order work was in addition to the work
anticipated in the original construction contract and S&C Engineers' original scope of services.
S&C Engineers is requesting an amendment for $90,009.00 be approved by the City as
compensation for the additional services. Please find attached a summary of the additional work
and a breakdown of the cost for inspection, contract administration, surveying and testing.
.If you have any questions regarding this request, please contact me at (510) 272-2970.
Sincerely,
Project Manager
Enclosures
Letter Request for Amendment #1
Iit BROADWAY SUITE 300 · OAKLAND, CALIFORNIA 94607 · TEL 510.272.2970 · FAX 510.272.2972
Request for Amendment #2
1-580/Tassajara Road Interchange Modification Project
City of Dublin
Additional Scope of Work
Construction-Management Costs
1. Additional Northbound Lane on Tassajara (CCO # 13)
At the request of the City, S&C initiated a change order to incorporate a third northbound
lane on Tassajara Road from the 1-580 westbound ramps intersection to Northside Drive.
The change order included construction of an additional box culvert, concrete barrier,
metal beam guard rail, signals, grading, aggregate base, asphalt paving and striping.
Construction surveys were needed to establish the alignment and flow lines for the box
culvert as well as aligrmaent and grade for the concrete barrier and roadway. Kleinfelder
performed additional testing on the structural concrete for the box culvert and for
compaction beneath the box culvert and the roadway.
S&C went through extended negotiations with the Contractor and then prepared and
processed a change order to implement this work. Construction of this change order
work was also coordinated with the Caltrans Oversight Engineer and with the City of
Pleasanton's traffic signal technician. Unusually heavy April rains hampered construction
efforts and increased inspection costs. Additional SWPPP measures were implemented
to comply with storm water permit requirements. All SWPPP work required, close
coordination with Caltrans oversight staff and the SWPPP reviewers.
Construction Cost $245,000.00
S&C Cost $14,500.00
Survey Cost $5,048.00
Testing Cost $1,700.00
Total Cost $21,248.00
2. Additional Median Landscaping (CCO #22, #28 & #34)
As originally bid the contract plans called for a concrete paved median island. During
construction the City requested the median islands on the Dublin side'ofthe new bridge
be landscaped. Implementing this change took extensive coordination with CCS,
Caltrans and the landscape architect. The excavation within the new median required
removal of the old roadway structural section and hand work around the existing utilities
and was closely monitored by the inspectors. Due to a Caltrans requirement an extensive
drainage system was constructed within the median and between the medians. Additional
construction surveying was required to establish the alignment and flow lines of the
median drainage. Installing the drainage and irrigation lines required trenching across the
intersection between the medians and backfilling the trench before the end of the shift.
Delivering water to the new landscaping required coordination with adjacent
development projects, PG&E, the Dublin San Ramon Services District (DSRSD) and the
City of Dublin's maintenance crews (MCE).
Construction Cost $194,495.51 (CCO #22) + $24,612.08 (CCO #28) + $20,430.65
(CCO #34) = $239,537.59
S&C Cost $13,900.00
Survey Cost $654.00
Total Cost $14,554.00
3. Slope Paving (CCO # 23)
Caltrans required the City to construct slope paving on the slopes beneath the new
overcrossing. S&C Engineers' Bridge Engineer coordinated with the designer, the
Caltrans Department of Structures and the Caltrans Oversight Engineer to determine the
justification and validity of the Caltrans request. S&C coordinated with the designer and
the Caltrans Depamuent of Structures representative during design to ensure the City was
paying for the most economical slope paving alternative. S&C went through extensive
negotiations with the Contractor over the cost of the slope paving. (The Contractor's
original price was $122,020.00, the final negotiated price was $72,000.00) S&C
inspected construction of the slope paving and coordinated final inspection and
acceptance from Caltrans. Additional construction surveying was needed to establish line
and grade for the slope paving and additional testing was performed on the concrete used
for the slope paving in accordance with Caltrans requirements.
Construction Cost $72,000.00
S&C Cost $7,200.00
Survey Cost $1,000.00
Testing Cost $1,000.00
Total Cost $9,200.00
4. Koll Center LandsCaping (CCO # 10)
The City of Dublin stipulated that the owners of the Koll Property grade and provide
landscaping in the area fronting the freeway within the Tassajara Road project limits and
within Caltrans right-of-way. In addition to processing the change order and inspecting
the work, S&C coordinated with CCS and AAM during the design phase and coordinated
with Jennifer Kodail of Koll properties throughout the process.
Construction Cost $41,956.00
S&C Cost $3,500.00
Survey Cost Included with Item #5
Total Cost $3,500.00
5. Modify Drainage on Westbound On Ramp (By KoH Center) (CCO #33)
Due to Caltrans requirements for drainage the size of the planned pipe was increased and
additional pipe was added at this location. To accommodate these changes, the area was
regraded, utility boxes were adjusted to grade and the right-of-way fence was removed
and reconstructed at a higher elevation. Additional construction surveys were required
to establish the locations of the drainage pipes, the grades for the utility boxes, ditch
elevatiOns and to re-establish the right of way fence. Compaction testing was performed
on the pipe backfill and the slope grading.
Construction Cost $84,150.00
S&C Cost $6,000.00
Survey Cost $6,753.00
Testing Cost $1~000.00
Total Cost $13,753.00
6. Revise Drainage on EB & WB 1-580 (CCO #18 )
Due to the limited horizontal clearance between the right-of-way and the roadbed and-the
flatness of the existing grade, the drainage work adjaCent to the auxiliary lanes required
significant modification and re-grading to fit field conditions and to conform to Caltrans
standards. S&C coordinated the drainage changes with CCS and Caltrans, prepared and
processed the CCO and inspected the work. Coordination with Caltrans included several
field meetings with the Caltrans Oversight Engineer to ensure compliance with Caltrans
requirements and acceptance by Caltrans Maintenance. Drainage inlets, culvert
alignment and flow lines as well as ditch elevations were established by the surveyOr for
the Contractor.
Construction Cost $75,847.00
S&C Cost $4,500.00
Survey Cost $5,145.00
Total Cost $9,645.00
7. Reestablish BART Survey Monument
BART had a survey monument located on the demolished northbound Tassajara Road
bridge. The monument could not be preserved due to the demolition of the bridge. The
Survey Monument and Preservation Ordinance of the California Government Code
requires that all damaged monuments be replaced. The monument was a first order
monument and in accordance with the Professional Land Surveyors Act required a record
of sUrVey be filed with the County and a comer record prepared to tie the new monument
location to the former monument location. This work was not included in the original
survey scope.
Construction Cost $ 0.00
S&C Cost $ 500.00
Survey Cost $7,220.00
Total Cost $7,720.00
8. Concrete Pavement for Eastbound and Westbound Auxiliary Lanes
The placement, of the portland cement concrete (PCC) pavement for the eastbound and
westbound auxiliary lanes was poorly executed by the Contractor. The equipment he
originally brought to the project was not adequate to unload the volume of concrete
required to meet reasonable production rates. Completion of the PCC paving took 10
nights instead of the originally planned duration of 4 nights. The contractor's unusually
low production rate resulted in increased inspection and testing costs in order to adhere to
Caltrans testing frequency requirements. The additional testing included increased plant
inspections, field sampling and flexural beam breaks.
The Contractor claimed the time needed for the concrete pavement to cure was excessive.
In order to protect the City t~om the Contractor's claim, petrographic testing and a
chemical analysis were performed to verify the cement content and water content of the
PCC pavement. The Contractor's potential claim was settled at no cost to the City and
the test results were made available to Caltrans to ensure acceptance of the PCC
pavement.
Construction Cost $ 0.00
Testing Cost $10,389.00
Total Cost $10,389.00
Summary of Cost Increases due to Change Orders.
1. Additional Northbound Lane on Tassajara (CCO # 13) $ 21,248.
2. Additional Median Landscaping (CCO #22, #28 & #34) $14,554.
3. Slope Paving (CCO # 23) $ 9,200.
4. Koll Center Landscaping (CCO # 10) $ 3,500.
5. Modify Drainage on Westbound On Ramp. (By Koll $ 13,753.
Center) (CCO #33)
6. Revise Drainage on EB & WB 1-580 (CCO #18 ) $ 9,645.
7. Reestablish BART Survey monument $ 7,720.
8. Concrete Pavement for Eastbound and Westbound $10,389.
Auxiliary Lanes
Total $ 90,009.00
Summary of Costs by Task
Construction Engineering and Inspection $ 50,100.
Construction Surveying $ 25,820.
Materials Testing $14,089.
Total $ 90,009.
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT'is made at Dublin, California, as of January 16,..2001, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and S&C Engineers, Incorporated
CConsultant"), 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 Exhlbit'A. Consultant shall provide said services at the
time,, place, and in the mariner 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 Agr~ment.
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 ~lients 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
serv/ees 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 re, fei'red 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 upoh 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 ormembers of the project
team Without prior Written approvalby the .City. The Project Manager for Consultant shall be JAMES E.
SCOTT.
Agreement
Page 1 of 2
9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S.
THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. NOTICES. Anylwritten notice to Consultant shall be sent to:
James E. Scott, President
S&C Engineers, Inc.
433 43rd Street, Suite A
Oakland, CA 94609
Any written notice to City shall be .sent to:
Lee S. Thompson ·
Director of Public Works/City Engineer
100 Civic Plaza
Dublin, CA 94568
Executed as of the day in'st above stated:
CITY OF DUBLIN,
a munich. T~t~°~
By .~/Xfl~(~-~' ~]
(J' "City"
By ~// "C~
Approved as to form:
citY Attorney
Agreemem
Page 2 of 2 .
01/08/01
EXHIBIT
scoPE OF.SERVICES AND SCHEDULE
PER S&C Engineers, Inc. Scope of Services/Fee Proposal dated 3anuary 8, 2001 for ConStruction
Management Services - Phase I Only, for the Interstate 580/Tassajara Road Interchange
Improvement project (ATTACHED).
Exhibit A '
Page 1 of 1
'01/08/01
EXHIBIT B
PAYMENT SCHEDULE.
City shall pay Consultant on a time and material basis an amount not to exceed
the total sum of FIFTY THREE THOUSAND DOLLARS ($53,000) for services to be performed
pursuant to this. Agreement. Consultant shall submit invoices on a monthly basis.
The total sum stated above shall be the total which City shall pay for the services
to'be rendered by Consultant pursuant to this Agreement. City shallnot pay any additional sum
for any expense or cost whatsoever incurred by Consultant'in rendering services pursuant to. th/s
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 au~orized to obligate City thereto prior
to the time such extra service is rendered and in no event shall such change order exceed twenty-
five percent (25%) of the initial contract price. .
The services to be provided under this Agreement may be terminated without
cause at:any point in time in the sole and exclusive discretion of City. Lfthe 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
such termination. In that event, ail finished and ~shed documents and other materials shall,
at the option of the City,.become City's' s. ole and eXclusive property. Consultant hereby expressly
waives any and all claims for damages or compensation arising .under this Agreement.
Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date,
Exhibit
Page 1 of
01/08/01
EXHIBIT C
City shall fiamish phySical facilities such as desks, filing cabinets;, and conference
space, as may be reasonably neCessary for Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. 'The 'location, quantity, and
time.of furnishing said physical facilities shall be in the sole discretiOn of City. In no event shall
City be obligated to fumi'sh 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
01/08/01
.EXHIBIT D
G ' RAr PROWS ONS
1'. INDEPENDENT CONTRACTOR. At all times dUring the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control'Consultant only insofar as the results of Consultant's engineering services rendered
pursuaut to ttfi. s. Agreement; however, City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement.
2; LICENSES;· PERMITS; ETC. Consultant represents and warrants to City that he has.all licenses,
permits, qualifications and approvals °fwhat~oever 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 Perform ~ance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Consultant Shall procure.and maintain for the duration °fthe
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the'performance of the work hereunder by the Consultant, his agents.,
representatives, emPloyees.or subcontractors. The cost of such insUrarice: shall be included in the
'Consultant's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
- (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Labor Code of the State of
'California and Employers Liability Insurance.
B. Minimum Limits oflnsurance..Consultant shall maintain limits no less than:
Exhibit D
Page 1 of 5
01/08/01
(1) General Liability: $1,000,1J00 combined single limit per occurrence forbodily
' 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 1/mit.
(2) AUtomobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
(3) Workers Compensation. and Employers Liability: Workers 'Compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident. ~.
C. Deductibles'and self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall
reduce, or eliminate such deductibleS or self-insured retentions as respects the City, its
. officers, officials and. employees; or the. Consultant shall procure a bond guaranteeing
payment of losses and related investigat/ons, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
;following provisions:
.(1) General Liability and Automobile Liability Coverages.
(a) City of Dablin, City of Pleasanton and the State Department of
Transportation, their officers, officials, employees and volunteers are to be.
covered as insureds as respects: liability arising out of activities
performed by or on be'.half 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 of Dublin, City of Pleasanton. and the
. State Department of Transportation, their officers, officials, employees or
volunteers.
(b) The Consultant's insurance coverage shall be primary insurance as respects
the City of Dublin, City of Pleasanton and the'State Department of
Transportation, their 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 coyerage provided to the City of Dublin, City Of Pleasanton and the
Exhibit D
Page.2 of 5
01/08/01
State Department of Transportation;' their 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.
O) Professional Liability.
Consultant shall carry, professional liability insurance at a minimum amount of
$1,000,000 .to protect the City against liability caused by negligent acts, errors Or
omissions on the part of the Consultant in the course of performance of the
services specified in this Agreement.
(4) All Coverages.
Each insurance policy required by this clause shall be endorsed to State that
coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after flfirty (30) days prior written notice.by certified
mail, return receipt requested, has been given to the City.
E. Acceptability of.Insurers. Insurance is to be placed with insurers with a Bests' 'rating of
no less than A:VIII.
F. Verification of Coverage. Consultant shall furnish City with certificates of insurance and
with original endorsements effecfing coverage required by this clause. The certificates
and endorsemenfs for each insurance Policy ~ to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.
H. The Risk Manager of City may approve'a Variation of those insurance requirements upon
a determination that the coverages, scope, limits and forms of such insurance are either
not commercially available or that the City's interests are otherwise fully protected.
5. CONSULTANT NO AGENT. Except as City may.specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Exhibit D
Page 3 of 5
01/08/01
' Consultant Shall have'no authority, express or implied, purSuant to this Agreement to'bind' City io
any obligation whatsoever.
6.- ASSIGNMENT PROFITED. No party to this' Agreement.may assign any right or obligation
- pursuant to this Agreement. Any attempted or pUrPorted assignment Of any right or. obligation -
..pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only comPetentpersonnel to perform services pursuant to
· .. this Agreement. In the event th.at City, in its. sole discretiOn, at any time;duringthe.term ofthis'~
'Agreement, desires the removal'of any such' persons, Consultant shall, mediately.UPon
receiving notice fi.om City of such desire of City, cause the removal 6f such perSon, or persons.
8. STANDARD OF PERFORMANCE. Consultant .shall perform all services required pursuant to
'this -Agreement in the manner and according to the standards °bServed.by a Competent
practitioner of the profession in which COnsultant is engaged in the geographical area in which
Consultant practices his profession. Ail instruments of send,ce of whatsoever nature which
Consultant delivers to City pursuant to this Agreement.shall be prepared in a substantial, first
class and Workmanlike manner and conform to the standards of quality'normally observed by a
person practicing in Consultant's profeSsion. ..
9. . HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consult.ant shall take all
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to
him, to'.any subconsUltant, to the City 0fDublin, City of Pleasanton, and the State Department.0f
Transportation, tO their officers and employees, 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 of Dublin, City of Pleasanton and the State
Department of TranSportation,-the'.~r officers, officials, directors, employees and agents f~om 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 fi.om the negligent
performance of the work. This p.a:ragraph shall not be construed to exempt the City, its
employees and officers from its om.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 eXecutionofthis 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 fi.om
liability under this.paragraph. " ~ .
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal.assistance fi.om 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.
Exhibit D
Page 4 of 5
01/08/01
11. DOCUMENTS. All reports, data, maps, models, charts, designs,.plans, studies, surveys,
photographS, memoranda or other written documents or materials prepared by Consultant
pursuant, to this Agreement shall become the'property of city upon completion of the work to be
performed hereunder or upon termination of the Agreement. No. such materials or properties
· produced in whole' or in part underthis 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 6nrestficted authority to publish, disclose (as may be
limited bY the provisions of the California Public Kecords 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 thi's Agreement.
Exhibit 'D
Page 5 of 5
01/08/01
January 8, 2001
S&C ENGINEERS, lng.
Senior Civil Engineer
City of Dublin
t 00 Civic Plaza
Dublin, California 94568
RE: Scope of Services - Construction Management Services
I-$80frassajara Road Interchange Improvements projects
Dear Ferd:
Attached is a recommended "Scope of Services" for the Construction Management
sercices to be provided by S&C Engineers on the 1-580frassajara Interchange
Improvement Projects. I would be happy to meet with you and discuss any proposed
changes you feel may be' appropriate.
Sincerely,
President
433 43'rd STREET J SUITEA · OAKLAND, CALIFORNIA 94609'- TEL 510,597.1090 FAX 510.597.109
EXHIBIT A
1 580/TASSAJARA ROAD INTERCHANGE IMPROVEMENTS
SCOPE OF SERVICES
Provide construction management services including Constructibility review; contract
administration; construction inspection; construction surveying; and materials testing for
the improvement project of the I 580/Tassajara Road Interchange Improvements.
Phase ! - PrecOnstruction
1.. CONSTRUCTIBILITY REVIEW
CONSULTANT shall perform a constructibility review ·of contract Plans,'
specifications, and. engineer's estimate for the project and.will develop and.
analyze a potential baseline construction schedule~
CONSULTANT shall provide written report of all findings and recommendations.
CONSULTANT shall meet with designer, City, Caitrans and/or other appropriate
parties to discuss .findings and potential changes to contract documents.
- CONSULTANT shall review horizontal and vertical control datum .used by
surveyors during design,
2. ADVERTISE, BID AND AWARD
CONSULTANT will assist City with advertising,, bid inquiries, bid review and
award .of construction contract ~
Phase II- Construction
1. CONTRACT ADMINISTRATION
Administration - CONSULTANT shall perform all construction administration
activities, including correspondence and document control. Provide complete
support services for field personnel, including office support and coordination of
inspection, surveying, and testing. CONSULTANT will fumish ali business
equipment for CONSULTANT'S work such as computers, fax machines,
furniture, and telephones; expendable supplies such as binders, pens, pencils,
etc. CITY'S construction contractor will provide field office/trailer, fax and phone
lines, utilities and copier at no COst to CONSULTANT.
Reporting .- CONSULTANT shall utilize Caltrans procedure's and policies, and
CITY requirements as necessary, regarding documentation of events,
compilation of quantities, contractor progress payments, final payment, and
record' drawings. The required records pertaining to the job Site staff include
attendance reports and overtime records. Records involved in monitoring
Contractor's contract inclUde weekly statement of working days and monthly
progress report.' CONSULTANT staff members assigned to monitor the
Contractor's'operations will submit a daily report relating the activities of the day.
Reports covering extra work shall be submitted to CITY'alOng with Contractor's
matedal billing when appropriate. Quantities shall be calculated as they are
incorporated in the work. The most current Caltrans Construction Manual is the
principal reference for CONSULTANT'S field personnel. -.
Project Meetings - CONSULTANT shall conduct one preconstruction
conference, weekly progress r~eetings, and other' project related meetings,
CONSULTANT shall-prepare agendas and meeting.mini~tes.
Project Submittals - CONSULTANT shall process Contractor's submittals and
assure their timely review. CONSULTANT shall maintain a Icg to track
processing of Contractor's submittals.
Claims Mitigation - CONSULTANT will take steps to avOid claims'on the project.
In the unlikely event of claims, any claims resolution will be performed as
additional services~
Progress Payment - CONSULTANT shall prepare monthly.progress payment
requests and submit to CITY for their payment.
Change Orders - CONSULTANT shall evaluate proposed change orders~
coordinate changes in design with CCS Planning and Engineering', Caltrans, and
CITY staff as appropriate. CONSULTANT shall prepare change orders and an
independent cost estimate and schedule impact analysis.
Document Tracking - CONSULTANT shall track all documents during the course
of the p~oject. Documents to be .tracked include but are not limited to all
correspondence, shop drawings, test results, change orders, potential change
order items, potential claims, design clarifications, photographs, etc..
DocUmentation - CONSULTANT shall document the Contractor's activities on-a
dailYbasis, conVersations, and meetings related to the project, changed
conditions, change orders, weather, accidents, environmental mitigation; and all
other items that may be necessary for reviewing progress payments, evaluating
and processing change orders, and resolving potential claims. Documentation is
to include both wdtten text and photographs. Progress photographs of the
overall project are to be taken and a set included in the final project records.
Design Clarification - Coordinate design clarifications with 'CCS Planning'and
Engineering, CITY and Caltrans as appropriate.
3. SURVEYS
CONSULTANT'shall provide line and grade stakes in accordance with Caltrans ..
· Staking Manual procedures and frequencies.
4. INSPECTION AND TESTING
CONSULTANT will:
Provide construction inspection, sampling and materials testing in
accordance with Caltrans procedures for. all project items.
Coordinate the activities of testing lab0ratodes, surveyors and inspectors,·
representatives from utility companies and the administration of all project
~permits.and utility relocations. . '.
Coordinate with local residents, proprietors and land owners to minimize
impact on· construction on said parties.
· Enforce labor regulations as included in contract specifications.
· Maintain an u p-to-date set of plans and spec~cations at the job site.
· Review all certificates of inspections and tests.
· Provide final inspection and punch list.
· Collect and check record drawing information as furnished by the
~ Contractor, furnish information to the designer for preparation of record
: drawings.
5, POST CONSTRUCTION PHASE
After acceptance of the construction contract, CONSULTANT will prepare a
Construction Corn pletion Report that will include:
. · Summary of scope, cost, and schedule changes and the 'reason for the
changes
· Summary of project costs
· Comprehensive Project Records (per Caltrans requirements)
'~ BREAKDOWN. OF COST. PROPOSAL BY PHASE
S&C EHGINEERS. INC.
1-580/Tassajara Road Interchange Improvements
Phase I - Preeonstrueti0n Cost (See Attached Detail Sheet)
S&C Engineers $ 44,000.00
Chaudhary & Assoc. $ .9,000.00
Sub Total $ 53,000.00
Phase 2 - Construction & Post Construction Cost
S&C Engineers $ 967,636.57
Chaudhary & Assoc. $ 96,000.00
Kleinfelder $ 58,625.00
Sub TOtal $ 1,122,261.57
TOTAL $ '1,175,261.57
. Allowance for weather delays $ 113,306.72
Total with contingency $ 1,288,568..29
~lanuary 8, 2001
S&C ENGINEERS, INC.
S&C Engineers
PrecOnstruction Services Detail
January 8, 2000.
PM/RE ' Brid~le Engr Office E ,n~lr Clerical
Field Review 8 8
Report 8 4 4
Review Plans 40 40
Quantity Checks 20 20
Review Specs 24 8
Recommendations 8 4 4
Schedule Analysis 8 24
Recommendations 8 8 4
Meetings 16 16 4 4
Advertise 8 8
Assist in responses to bid
inquiries 32 16 8
Bid Review 8 8
Award 8 8
Mobilization 8 8 .16.
Set up job files 4 32 16
Total Hours: 208 180 52 40
Hourly Rate: $105 $100 $80 $45
Costs: $21,840 $18,000 $4,160 $1,800
S&C Sub Total ! $44,000
Surveying - Chaudhary& Associates
Review Design Surveys
2 days office time,
one day field crew $4,500
Determine and
incorporate vertical ;and
horiZOntal adjustment
factors if differences are
found* * = if necessary $4,500 Survey Sub Total $9,000
Grand Total: $53,000
EXHIBIT "A" OF RESOLUTION ~.04,01
AMENDNIENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND S&C ENGINEERS, INCORPORATED
FOR CONSTRUCTION MANAGEMENT SERVICES
~WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and S&C Engineers,
Inc. (hereinafter referred to as "CONSULTANT"), entered into an agreement on January 16, 2001 to
perform preconstmction tasks, including constructibitity review for the Interstate 580frassajara Road
Interchange Improvement project; and
WHEREAS, the Scope of Work to be performed is proposed to be extended to include
construction management; and the not-to-exceed contract mount is proposed to be increased to cover the
cost of the additional work;
NOW, THEREFORE, the parties hereto agree as follows:
Scope of Work
The Scope of Work shall be modified to include Phase 11 of the original scope of work as
described in S&C Engineers' Scope of Services - Construction Management Services for the I-
580frassajara-Road Interchange Improvement Project dated January 8, 2001 (attached).
Extension of Term
The total cost for time-and-materials work under this amendment shall not exceed an additional
$1,235,568 based on the attached cost breakdown for Phase II.
CITY OF DUBLIN ~
y'or .......
.~~ames E. S~ott, President .
r ate:' I£-. 0i
RESOLUTION NO. 204 - 01
A REsoLUTIoN OF ~ CITY COUNCIL
O1~ T~[E CITY OF DUBLIN
APPROVING AGREEMENT WITH S&C ENGINEERS, INC.
FOR CONSTRUCTION MANAGEMENT SERVICES FOR TltE
1-580FFASSAJARA ROAD INTERCItANGE IMPROVEMENT PROJECT
WHEREAS, the.'I-580/Tassajara Road Interchange Improvement project is planned to be
constructed as part of the development process in Eastern Dublin; and
WHEREAS, the City has nearly completed the necessary imProvement plans and specifications for
the project and Caltrans has approved the appropriate cooperative agreement with Dublin to construct the~
project; and
WHEREAS, Caltrans requires the City to construct the project in accordance with Caltrans
standards; and
WHEREAS, the City desires to utilize the services of S&C Engineers, Ine, to perform
preconstmction tasks including' constructibility review and assistance, ia bidding the project, manage the
construction of the project and to provide inspection duties, materials testing and construction staki.'ng, ail
in accordance with Caltrans stand,ds; and
WHEREAS, the project documents are at the point of requiring review for constmctibility, which is
Phase I of the proposed S&C Engineers' serviceS;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City.of Dublin hereby
approves the agreement with S&C Engineers, Inc. for performing Phase I of the construction management
scope of work.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 16th of January, 2001.
AYES: Councilmembers McCormick, Oravetz and Zika and Mayor Lockhart
NOES: None
ABSENT: None
//- . Mayor
g:kmgfkresoS &CEngineers