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HomeMy WebLinkAboutItem 4.09 HQE/I580/SR Rd CITY CLERK File # 0600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 1, 2000 SUBJECT: Agreement with HQE, Inc., for Consulting Services: Preparation of a Project Study Report for the 1-580/San Ramon Road-Foothill Road Interchange Improvement Report Prepared by: Lee S. Thompson, Public Works Director EXI-IIBITS ATTACHED: Resolution approving the agreement and Consultant agreement RECOMMENDATION: .~/-~,,~/xf)~Adopt Resolution approving the agreement with HQE, Inc. FINANCIAL STATEMENT: The cost for consulting services provided'by HQE, Inc., (not to exceed $103,588) will be equally shared with the City of Pleasanton. Dublin will pay for its share using the 20% portion of the Tri-Valley Transportation Development Fee. Pleasanton has.agreed to pay half of the cost. The estimated cost of $108,000, which includes some Stafftime, is $8,000 over the approved budget orS100,000. Because of the length of time required to process the Project Study Report through Caltrans, it is anticipated that expenditures will not exceed this year's budget, and the balance will be covered in. next fiscal year. DESCRIPTION: The 1-580/San Ramon Road/Foothill Road Interchange Improvement project proposes the removal of two off-ramp loops at this interchange and installation of direct exits to traffic signals onto San Ramon Road and Foothill Road. Presently, the existing westbound 1-580/San Ramon off-ramp in Dublin requires that motorists wishing to travel west on Dublin Boulevard merge with and cross three lanes of traffic coming from the south within a very short segment of San Ramon Road. A similar merging problem exists for Pleasanton for'motorists wishing to access the f~rst entrance to Stoneridge Mall on southbound Foothill Road. The first step in acquiring approval from Caltrans is the preparation ora Project Study Report. Staff is proposing to contract with HQE for the preparation of the report for this project, in accordance with Caltrans standards. HQE recently designed the City's 1-580/Hacienda Drive Interchange project scheduled for construction this year and is very familiar with Caltrans requirements. g:\engrXhqekAgstHQE580-SanRamonAgmt COPIES TO: Heidi M. Ouren, HQE ITEM NO. HQE proposes to perform the study and Caltrans processing in an mount not to exceed $103,588. The City will share this cost equally with the City of Pleasanton, with both jurisdictions using their respective 20% holdback portions of the Tri-Valley Transportation Development Fee. The Pleasanton City Council has approved the appropriation of $54,000 for their share of the cost. The City of Dublin will be the lead sponsor of the project. Staff recommends that the City Council adopt the resolution approving the agreement with HQE, Inc. 2 RESOLUTION NO. - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH HQE, INC. FOR CONSULTING SERVICES WHEREAS, the need for future improvements at the 1-580/San Ramon/Foothill Road Interchange is identified in the 1999-2000 update of the City of Dublin Capital Improvement Program; and ~rI-IEREAS, the preparation ora Project Study Report is the fzrst step in acquiring Caltrans approval of the interchange improvement project; and WHEREAS, the City of Pleasanton also desires to improve the section of the interchange located within its City Limits and has appropriated funds to share half the cost of preparing the Report; and WHEREAS, the City of Dublin desires to be the lead sponsor of the project; and WHEREAS, the Cities of Dublin and Pleasanton propose to utilize the services of HQE, Inc., to prepare Project Study Report and provide coordination with Caltrans and other agencies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement with HQE, Inc., for consulting services. BE IT FURTHER RESOLVED that -the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 1st day of February, 2000. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\engr~hqe~resohqe580-sanmmon A'i'i'ACHM£NT I STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of February 1, 2000, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and HQE, 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 specffied 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 ail 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 exhibks 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 organi?ation 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 mutu~!ly agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. Agreement Page 1 of 2 01/26/00 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. The Project Manager for Consultant shall be HEIDI OUREN. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his or designee. 10. NOTICES. Any written notice to Consultant shall be sent to: Heidi M. Ouren HQE, Inc. 2116 N. Main Street, Suite K, Walnut Creek, CA 94596 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 fn'st above stated: CITY OF DUBLIN, a municipal corporation By "City"' Attest: City Clerk By ~ "Consultant" Approved as to form: Agreement Page 2 of 2 01/2 6/0 0 City Attorney EXHIBIT A SCOPE OF SERVICES AND SCHEDULE PER HQE, Inc., Revised Scope of Work/Fee Proposal dated January 19, 2000 for the San Ramon Road/I,580 Interchange Modifications Project Study Report (ATTACHED). Exhibit A Page 1 of 1 01/26/00 City of Dublin San Ramon Road/I-580 Interchange Modifications Project Study Report - Scope of Work The existing San Ramon Road/I-580 Interchange is a four quadrant cloverleaf (Caltrans Type L- 10) interchange providing free flow characteristics for all 'movements. It is limited in it's capacity, however, due to the short weaving distances between loop ramps. It also limits the available weaving distance for the 1-580 westbound to San Ramon Road northbound movement due to its close proximity to the Dublin Boulevard/San Ramon Road Intersection, causing potential safety issues. In order to address these issues, the City of Dublin proposes to modify the interchange by realigzfing the westbound and eastbound'diagonal off-ramps to a tee intersection with San Ramon Road/Foothill Boulevard. Major features of the proposed project include: · Realignment of the westbound 1-580 off ramp terminus to a tee intersection at San Ramon Road and installation of a new signal; · Realignment of the eastbound 1-580 offramp terminus to a tee intersection at Foothill Road (San Ramon Road) and installation of a new signal; · Potential removal of westbound 1-580 to southbound San Ramon Road loop ramp; · Potential removal of eastbound 1-580 to northbound San Ramon Road loop ramp. The Scope of Work for this effort will require preparation of a Project Study Report (PSR) in accordance with Caltrans' standards. The detailed Scope of Work will include the following tasks: Task 1- Preliminary Data Preparation/Collection a. Site Visits The project team will conduct site visits as necessary to identify and understand existing field conditions. Assumes two site visits. b. Prepare/submit Encroachment Permit Application for field work An encroachment permit application will be prepared for the City's signature to obtain right of entry for site visits. C:\City of DublinksanramonscopepSr.doc Page 1 of 7 01/19/00 San Ramon Road/I-580 Interchange Project Study Report Scope of Work City of Dublin HO_E, It, c. Co Traffic Data/Forecasts (Existing and 2025 traffic volumes) This task includes collecting existing traffic data from Caltrans and the Cities of Dublin/Pleasanton, and projecting peak hour traffic volumes for the design year 2025 using the Tri-Valley model developed by others. AM and PM peak two-hour period traffic counts will be performed at the following locations: · 1-580/Foothill/San Ramon Interchange - all 8 ramps plus through movements on Sam Ramon Road/Foothill Boulevard · Sam Ramon Road/Dublin Boulevard intersection · Foothill Boulevard/Canyon Road intersection The traffic forecasting methodology will be confirmed with Calms prior to use of the forecasts for the traffic operations analysis. The most current version of the Tri- Valley EMME/2 Transportation Model that is consistent with a current version of A_BAG Projections land use will be obtained, checked for accuracy, and adjusted as necessary. The model will be applied to g.enerate 2025 traffic forecasts for the freeway mainline, ramps, and adjacent intersections.- The model results will be adjusted based on observed traffic counts using a procedure approved by Caltrans. d. Aerial Photos Obtain aerial photographs of the interchange for use in preparing the conceptual geometry for two alternatives. Collect all available information Includes construction record drawings ("as-builts"), bridge plans, geotechnical information, utility information, Right of Way Record Maps, Hard Copy maps, Floodplain Data, etc. Task 2 - Project Management a. Administration Includes monthly Invoicing, Progress Reports and Contract Compliance. b. Schedule/Budget Control Prepare initial PSR schedule and budget and monitor them as necessary to continually reflect project status. Update Schedule only if impacts become significant. C:\City ofDublinksanramonscopepsr, doc Page 2 of 7 01/19/00 San Ramon Road. II-580 Interchange Project Study Report ScoRe of Work City of Dublin HO_E, Inc. Co do Agency Coordination Coordinate with the City of Dublin, Caltrans, Companies as necessary. Subconsultant Coordination City of Pleasanton and Utility Manage and monitor all subconsultant services for contract compliance and prepare Subconsultant Ag-reements. Task 3 - Meetings Kick-offMeeting with Calms/City of Dublin/City of Pleasanton Key project team members will attend this introductory meeting to discuss overall project goals, schedules, and requirements. HQE shall prepare meeting minutes for distribution to all attendees. b. PDT Team Meetings Monthly meetings will be held to discuss project pro~ess and resolve outstanding issues. HQE will prepare meeting minutes for each meeting for distribution to attendees and pertinent team members. Assumes 8 meetings. c. Technical Coordination meetings Meetings will be held as necessary to discuss technical issues such as geometry, environmental concerns, traffic projections, etc. Assumes a total of six (6) meetings. d. Meetings with Cities of Dublin and Pleasanton Assumes four (4) meetings to provide project status updates and present outstanding issues, if any. Task 4 - Draft PSR a. Prepare preliminary horizontal geometry Graphical layouts of the proposed project will be prepared on aerial photos to show the baseline features of the project. The geometry will be used to assess environmental impacts, impacts to utilities, and confirm that the proposed project lies within existing right of way. It is assumed that there will be only two Project Alternatives. C:\City of Dublin\sanramonscopepsr.doc Page 3 of 7 01/t 9/00 San Ramon Road~I-580 Interchange Project Study Report Scope of Work City of Dublin HQE, Inc. b. Draft Construction Cost Estimates Prepare PSR level cost estimates according to Caltrans standards. Right of Way Data Sheets Prepare right of way data sheets in accordance with Caltrans standards. Utility relocation information is included in the data sheets. d. Environmental Analysis The environmental processing for the proposed project is desig-ned to fulfill requirements specified in CEQA, the CEQA Guidelines, N-EPA and other applicable regulations. The appropriate environmental document for this undertaking is assumed to be a Categorical Exemption (CE) under CEQA and a Categorical Exclusion (CATX) under NEPA. The CE/CATX will not be prepared until the Project Report/Environmental Document Phase of the project. No formal public meetings are anticipated at this time. PAR staff anticipates attendance at one in/rial project initiation meeting. Additional meetings can be attended, on a time-and-materials basis. PAR will conduct a preliminary environmental assessment consisting of a windshield reconnaissance and record searches. Documentation will consist of a memorandum including the findings of the record searches, results of the windshield surveys, a listing' of the required technical studies and a recommendation of the anticipated environmental document type required should the PSR advance to a formal project. Since it is anticipated that a CE/CATX will be prepared, the report will not address mitigation costs. If the Preliminary Environmental Assessment concludes that a more lengthy and formal environmental process is required, the scope may require adjustment to include a discussion of mitigation costs and timelines. PAR will rely on information contained in the City of Dublin's General Plan and any updates and will request a records search of the archaeological information maintained at the Northwest Information Center of the California Historical Resources Information System. Other repositories of data sensitive species (California Natural Diversity Data Base) and other resource areas will be contacted as appropriate. PAR will conduct record searches and windshield surveys for the disciplines listed below. Additional analyses needed to provide detailed information regarding C:\City of Dublin~sanramonscopepsr.doc Page 4 of 7 01/19/00 San Ramon Road~I-580 Interchange Project Study Report Scope of }York City of Dublin HOE, Ina wetlands, biological resources, cultural resources, noise, visual and socioeconomic conditiOns are not included in this PSR scope. Biological Resources Record searches of the California Natural Diversity Data Base (CNDDB) will be assessed for plant and animal species of special concern that might occur in the project area and a preliminary assessment as to whether habitat exists in the project area. This work does not include full protocol surveys, a wetlands delineation or detailed surveys of wildlife or vegetation mapping. Noise An assessment of the potential 'for noise impacts will be based on identification of potentially sensitive receptors during the windshield survey. No modeling analysis will be provided. Visual A brief assessment of potential for impacts to scenic resources will be made based on a windshield survey of the site and surrounding land uses. Land Use/Socioeconomic Issues A brief assessment of potential for land use and socioeconomic impacts will be made based on a windshield survey of the site and surrounding land uses and on information contained in the City's General Plan. Cultural Resources PAR will request a record search be conducted at the California Historical Resources Information System, Northwest Information Center maintained by Sonoma State University, Rohnert Park. The examination of records at this institution will provide data on known site locations within or adjacent to the project. A windshield survey of the area will be conducted to identify the potential for or presence of historic buildings or obvious prehistoric and historical features or sites along the existing right of way. C:\City of Dublinksam:amonscopepsr.doc Page 5 of 7 01/19/00 San Ramon Road~I-580 Interchange Project Study Report Scope of Work City of Dublin HQE, Inc. Other disciplines, including air quality, will be addressed based on documentation available in the City of Dublin General Plan and General Plan EIR or other recently pr.epared studies for the area. e. Accident Data Review Obtain the most recent TASAS output from Caltrans to quantify accidents per million vehicle kilometer and compare those to statewide averages for similar facilities. Traffic Operations Analysis Perform traffic operations analysis for the No Build and one Project Alternative (preferred Alternative) for existing and desig-n year 2025 conditions. The analysis includes intersection levels of service, ramp junction analysis and queuing analysis for intersections and ramp metering operations at on-ramps. Information will be provided in Draft, Final Draft, and Final Traffic Operations Analysis Report. o Design Exception FaCt Sheets Prepare fact sheets for approval'bY Caltrans for all non-standard design features. It is anticipated that three fact sheets will be required (Mandatory, Advisory and Ramp Metering/HOV By-pass). h. Initial Site Assessment (ISA) Includes: site visit to review existing conditions, record evaluation of Federal, State and County environmental databases to search for hazardous substance releases in the vicinity of the project site; review of historical aerial photographs to evaluate previous land uses; review of Record Drawings to develop a preliminary assessment of anticipated geotechnical conditions and investigations requirements; and a letter-report summarizing the results of the site visit and records review activities. i. Draft MOU Coordinate the preparation of the Draft Memorandum of Understanding 0VIOU) and between Caltrans and the City of Dublin. j. QA/QC of Draft PSR prior to submittal Perform internal quality control check of Draft PSR to assure that all elements of the report have been adequately and properly addressed. C:\City of DublinXsanramonscopepsr. doc Page 6 of 7 01/19/00 San Ramon Road~I-580 Interchange Project Study Report Scope of Work City of Dublin HQE, Inc. Task 5 - Final Draft PSR ao Prepare Response to Comments received from Cities/Caltrans Identify/Resolve Outstanding issues, if any Incorporate Comments as appropriate Submit Final Draft PSR Task 6- Final PSR Incorporate any remaining comments Submit Final PSR for approval & sig-nature Assumptions · Right of way acquisition is not required for the proposed modifications. · No impacts to Dublin Creek or the Cemetery on the north side ofi-580. · CTC Action is not required. · Revised Freeway Agreement is not required (i.e. no change in access points). · Potholing of existing utilities is not required (no high risk facilities). · Processing time of 9 months. · Traffic Data includes only existing and design year (2025) analysis. · No exceptions to Caltrans~ Longitudinal Encroachment permit policy are required (utilities). · All agreements will be coordinated only; actual preparation is by Agencies. · Appropriate Environmental Documentation is Categorical Exemption/Exclusion. · Traffic model will come from Dowling; will use only one model (Tri-Valley or Dublin). · No metric mapping will be required at this stage; aerial photographs will be used for geometric exhibits. Proposed Pro]ect Team CCS Planning & Engineering, Inc. PAR Environmental Services, Inc. The Mark Group, Inc. Traffic Data/Forecasts & Traffic Operations Analysis Environmental Initial Site Assessment (ISA) - Geotechnical C:\City of Dublin\sanramonscopepsr.doc Page 7 of 7 01/19/00 San Ramon Road/l-580 Interchange Project Study Report Engineering Services Fee Estimate Task NUmber/ Project Project Design CADD/ Office Total _ Description Manager Engineer Engineer Designer Admin Hours $ 120.00 $ 100.00 $ 66.00 $ 65.00 $ 50,00 ITask 1- Preliminary. Data Preparation/Collection a. Site Visits 2 6 6 2 0 16 b. Encroachment Permit Application I 0 0 0 1 2 c. Traffic Data/Forecasts CCS Planning & En~neerin$ - $12,160 0 d. Aerial Photos 0 2 4 0 0 6 e. Collect all available information 0 8 16 0 4 28 Task 1 Total 3 16 26 2i 51 52 ._T. ask 2 - Project Management a. Administration 91 6 0 0 18 33 b., Schedule/Budget Control 24! 12 0 0 0 36 c. Agency. Coordination 24 121 4 0 0 40 Id. Subconsultant Coordination 24 15 12 0 0 51 Task 2 Total 81 45 16 0 18 160 Task 3 - Meetings a. Kick-off Meeting 3 5 3 0 1 12 b. PDT Team Meetings 16 24 0 0 8 48 ¢. Technical Coordination meetings 12 12 18 0 6 48 d. Meetings with City 8 16 0 0 4 28 Task 3 Total 39 57 21 0 19 136 Task 4 - Draft PSR m Conceptual Ge°meti-y/Draft Report 41 40 80 30 0 154 b. Draft Construction Cost Estimates 3 161 32 0 0 51 9.-. Right of Way Data Sheets 2 41 8 0 0 14 d. Environmental Documentation PAR - $5,000 0 e. Accident Data Review 01 41 81 0[ 0 lZ f. Traffic Operations Analysis CCS Planning & En~neering - $16,740 0 g. Design Exception Fact Sheets, if required 2[ 4[ 8[ 41 4 22 h. Initial Site Assessment (ISA) The Mark Group - $3,500 0 i. MOU 2 2 0 0 0 4 Ii.. QA/QC of Draft PSR 4 2 0 0 0] 6 Task 4 Total 17 72 136 34 4! 263 ITask 5 - Final Draft PSR ~a. Prepare Response to Comments 3 8 12 0] 31 26 lb. Identify/Resolve Outstanding issues, if any 2 4 0 01 0 6 e. Incorporate Comments as approphate 2 12 24 81 0 46 d. Submit Final Draft PSR/PR 1 3 301 0 7 Task 5 Total 8 27 39 8 3 85 Task 6 - Final PSR m Incorporate any remaining comments 2! 6 12 4 2 26 b. Submit Final PSR/PR for approval & si,gnamre 1 2 3 0 0 6 Task 6 Total 3 8 15 4 2 32 TOTAL HQE HOURS 151 225 253 48 51 728 TOTAL HQE COST $ 18,120 $ 22,500 $ 16,698 $ 3,120 $ 2,550 $ . 62,988 sanramoncostpsr.xls 1 of 1 1/19/00 City of Dublin San Ramon Road/I-580 Interchange Modifications Project Study Report Fee Estimate Summary High Quality Engineering - Prime Consultant CCS Planning & Engineering - Traffic PAR Environmental - Environmental The Mark Group, Inc. - Geotechnical TOTAL COST $ 66,188 $ 28,9OO $ 5,000 $ 3,500 $ 103,588 Estimated Direct Costs .Reproduction Mail/Delivery Charges $ 2,700 $ 500 Total Direct Costs $ 3,200 Note: Reproduction Costs assume the following number of PSR copies for each submittal: City .o f Dublin 5 CALTRANS 10 City of Pleasanton 5 Project Team 7 Total Copies 27 Alt Direct Costs will be billed at actual cost. sanramoncostpsr.xls 1 of 1 1/19/00 EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant an mount not to exceed the total sum of ONE HUNDRED AND THREE THOUSAND FIVE HUNDRED EIGHTY EIGHT DOLLARS ($103,588) for services to be performed pursuant to this Agreement. Consultant shall submit invoices on a monthly basis. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering' services pursuant to this Agreement City shall make no payment for any ex, a, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate city thereto prior to the time such extra service is rendered and in no event shall suchchange order exceed twenty- five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such term/nation. 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. Exhibk B Page 1 of 1 01/26/00 EXHIBIT C 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 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. Exhibk C Page 1 of 1 01/26/00 EXHIBIT D GENERAL PROVISIONS 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 fight 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 or she 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 or her 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 or her agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: Exhibit D Page 1 of 5 01/26/00 (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 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 guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. following provisions: The policies are to contain, or be endorsed to contain, the (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 oft he Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Extfibit D Page 2 of 5 01/26/00 .5. (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 the amount of One Million Dollars ($1,000,000) to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (4) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptabiliw of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Fo Verification of Coverage. Consultant shall furnish City w/th certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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. Exhibit D Page 3 of 5 01/26/00 o 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. o 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 practkioner 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 ail losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, ks 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 constmed to exempt the City, its employees and officers from ks 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 or she has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement 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. 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 Exhibit D Page 4 of 5 01/26/00 produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent fights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 5 of 5 01/26/00