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HomeMy WebLinkAboutItem 4.10 I-580/Fallon ConsultCTTY CLERK File # 0600-30 AGENDA STATEMENT C'rTY COUNCIL MEETING DATE: May 16, 2000 SUBJECT: Agreement with CCS Planning & Engineering, Inc., for Consulting Services for Design of the 1-580/Fallon Road Interchange Improvements Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) Resolution Approving Agreement for Design of the 1-580/Fallon Road Interchange Improvements Agreement with CCS Planning and Engineering, Inc. for Consulting Services RECOMMENDATION: Adopt Resolution Approving Agreement for the Design of the /~¢(~ 1-580/Fallon Road Interchange Improvements FINANCIAL STATEMENT: The cost of design consulting services will be paid by developers with no cost to the City's General Fund. The cost of the work is proposed to not exceed $593,180 to Design the Fallon Road/ 1-580 Interchange Improvements Design. This amount includes all of the design work, up through bidding. DESCRIPTION: In July 1999, the City contracted with CCS Planning & Engineering for preparation of a project report relative to improvements to the 1-580/Fallon Road interchange associated with the Dublin Ranch development. The cost of this project report is being paid through developer contributions. The next step in the process is the design of the interchange improvements, including construction documents, project plans, specifications and estimates. Due to recent approvals of new development in the Santa Rita and Dublin Ranch Properties, freeway ramp modifications on the Fallon Road/I-580 interchange are soon to be warranted. Approval of this agreement will help to expedite the construction of the needed improvements. CCS has submitted a proposal for the design work with a not-to-exceed fee of $593,180. The cost of the design will be paid by developer contribution. An agreement with Jennifer Lin developer in the area are being brought before the City Council as a separate agenda item. g:\engr\ccs\agst_tass design COPIES TO: Tom Wintch, CCS ITEM NO. Tasks involved in the design include: preparation of construction bid documents, including plans, general provisions, standard special provisions, and estimates; project management, including meetings with Staff, CalTrans, local agencies, adjacent property owners, and utility companies; engineering, including additional data collection, performance of field surveys, preparation of preliminary drainage report and geotechnical design report; preparation of roadway plans and bridge plans; preparation of right-of-way documents; and, assistance in the bidding and construction process. Tom Wintch, the project manager with CCS for the previous project study report and project report for this project, is also named in this agreement as the project manager for this work. Mr. Wintch was the project engineer with URS Greiner for the improvements constrUcted by the City of Pleasanton on the Hacienda/I-580 and TassajaraJI-580 Interchanges and is also project engineer for the 1-580/I-680 flyover. In light of this previous experience, Mr. Wintch is very familiar with the 1-580 corridor. Staff recommends that the City Council adopt the resolution approving the agreement with CCS. Page 2 RESOLUTION NO. - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH CCS PLANNING AND ENGINEERING, INC. FOR CONSULTING SERVICES WHEREAS, future freeway and inter-agency infrastructure are planned to be constructed as part of the development process in Eastern Dublin; and WHEREAS, improvements are required at the 1-580/Fallon Road Interchange; and WHEREAS, the City desires to utilize the services of CCS Planning and Engineering, Inc., to prepare final improvement plans, specifications and estimates regarding said improvements; and WHEREAS, the cost of the consulting services will be paid through developer deposits; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement with CCS Planning and Engineering, Inc., for consulting services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 16th day of May, 2000. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\engr\ccs\reso_faln 16may00 STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT TI-ES AGREEMENT is made at Dublin, California, as of May 16, 2000, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and CCS PLANNING AND ENGINEERING, 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 Exkibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibk B. The payments specified in Exhibk 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 Exlzibit 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 s/rnilar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish alt facilkies and equipm~ht which may be required for furnishing services pursuant to this Agreement. City shall fu_mish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in E ~xkibit 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 Agreement Page 1 of 2 05/09/00 team without prior written approval by the City. The Project Manager for Consultant shall be THOMAS M. WINTCH. 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 desi~maee. 10. NOTICES. Any written notice to Consultant shall be sent to: Tom Wintch, Project Manager CCS Planning and Engineering, Inc. 6 Crow Canyon Court San Ramon CA 94583-1621 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 "Consultant" Approved as to form: City Attorney A~eement P~e 2 of 2 05/09/00 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE PER PROPOSAL DATED APRIL 25, 1999, FROM CCS PLANNING AND ENGINEERING, INC. (ATTACHED). Exhibit A Page 1 of 1 05/09/00 1-580/Fallon Road Interchange - PS&E Scope of Work Page 1 of 16 1-580/Fallon Road Interchange Modification Project Final Design (PS&E) Scope of Work CCS Planning and Engineering, Inc. (Consultant) shall provide the following Scope of Work to the City of Dublin: General DesC'ription of Work This scope of work shall provide for preparing construction bid documents including; plans, general provisions, standard special provisions (SSP's), and estimates for the 1-580/Fallon Road Interchange Modification Project (Project). Also included in this Scope of Work are various construction support activities. The Project is generally defined as modifications to the existing interchange including, widening the existing bridge over 1-580, widening and reconstructing existing ramps, and widening and reconstructing portions of Fallon Road-E1 Charro Road, as defined and approved in the combined Project Study Report (PSR)/Project Report (PR). In addition, a Plan Line will be developed for the ultimate "BART + Buildout" alternative. AIl xvork will be administered under contract with the City of' Dublin. However, the Construction Documents (PS&E) ~vill be generally developed per the requirements of the State Department of Transportation (CALTRANS) for all work ~vithin the State right-of-xvay. All work shall conform to the design standards and requirements and be subject to the oversight and approval of the appropriate governmental entities. This scope of work assumes that the construction of the Project will be administered by the City of Dublin, with an Encroachment Permit from Caltrans for all work within the State right-of-~vay. Final design and the development of the bid documents shall be performed simultaneously with the development of the combined PSR/PR. It is assumed that the final alignment and configuration of the various elements of the Project will have been established prior to beginning final design. Once final design has started, any changes to roadway alignments or configurations that result in significant lost work or rework shall be considered as Extra Work, for which a contract budget amendment will be required. The proposed interchange modifications include: Widening the existing Fallon Road/El Charro Road overcrossing (by modifying the existing bridge) to provide two 3.6 m wide lanes in each direction, a 1.2 m wide painted median, 1.2 m right shoulders, and a 1.8 m wide sidewalk. · Widening the eastbound off-ramp to provide a second left turn lane at the ramp terminii at the intersection of El Charro Road. · Constructing the eastbound two-lane (one mixed flow lane with an HOV bypass lane) loop on-ramp. · Widening Fallon Road north of the overcrossing to provide additional left turn storage at the intersection ~vith the westbound ramps. P:\98104PSEXAdmirpFallonPS&ExScoping-Fees\P S & D, PS&E-Scope042400.doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 2 of 16 · Widening the westbound off-ramp to provide four-lanes (two left and two right mm lanes) at the ramp intersection with Fallon Road. · Widening Fallon Road north of the intersection with the westbound ramps. · Installing traffic signal systems at the ramp intersections with Fallon Road and El Charro Road. · Widening the westbound on-ramp to accommodate two-lanes near the intersection with Fallon Road. Work Included in this Final Design Shall Be: · Development of the final layouts and concepts for the improvements and modifications as defined for the project and approved in the combined Project Study Report/Project Report (PSR/PR). · Development of a Plan Line for the ultimate "BART + Buildout" alternative. These will generally be developed per Caltrans guidelines for Geometric Base Maps at 1:1000 scale. · Construction of the westerly (southbound Fallon bridge over 1-580 with a new two span, two lane structure. This ne~v southbound structure will tie to the existing westerly (northbound) bridge with a closure pour to provide the required four lanes plus shoulders and a sidewalk along the easterly side of the existing structure. The existing toe of the southerly abutment slope may be set back by the construction ora tie-back retaining wall. The resulting bridge structure will span a 10-lane 1-580 with a widened median that will accommodate BART in the future. · Other than the conform of the eastbound loop on-ramp to the 1-580 mainline, no other impacts to the 1-580 mainline are assumed in this scope-of-work. · The Project limit to the north is the existing limit of Caltrans access control/right-of-way crossing Fallon Road (approximately 90 meters northerly of the WB 1-580 ramps intersection) and the southerly limit is the conform to the Friesman Road intersection. · Coordination with the staffs of the City of Dublin, City of Pleasanton, Caltrans, utility companies, regulatory agencies and with others as required. · Preparation of applications for Caltrans Encroachment Permits for City signature. · Preparation of Design Exception Fact Sheets as required and as appropriate. · Project Plans will be developed utilizing Microstation format. · Project specifications and special provisions_will generally conform to the Caltrans format and as approved by the City. · Right-of-way activities will be limited to establishing the existing rights-of-way and preparing the descriptions and corresponding plats for temporary construction easements (TCE's). · Aerial topographic mapping to be used for the base plans ~vas prepared in the PSR phase of this ProJect. No new aerial topographic mapping is included or provided for in this scope of work. · Site (ground) surv'eys will be conducted as necessary to accurately tie down topographic features, to provide for design cross-sections throughout the Project, at conforms, and to supplement the existing aerial topographic mapping. Design cross-sections will be developed at generally twenty (20) meter spacing. Design cross-sections will not be part of the contract plans, but will be made available at time of bidding. · A Materials Report will provide recommendations for pavement design, embankment placement and other appropriate issues. · A Geotechnical Design Report will provide recommendations for any required retaining walls and the signal pole foundations. · A Foundation Report for the new bridge foundation design will be prepared. · A Site Investigation Report for aerially deposited lead will be prepared. · A Site Investigation Report for potential pesticides and herbicides will be prepared. P.x.c~gl g4-Pqg"Admin-FallonPS&EXScor)ino-Fees~,p S & E',.PS&E-ScopeO42400.doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 3 of 16 · Retaining walls may be required in this project, specifically at the existing southerly bridge abutment. It is assumed in this Scope of Work that these will be "tie-back" retaining walls or other types, as appropriate. Design of City owned utilities (storm drainage, sanitary sewer, lighting and water) is included in this scope of work. However, the Consultant shall only review non-City owned utilities (gas, electric, telephone, cable, etc) and show them on the project utility plans for reference and coordination only. This scope of work does not include or provide for the design of non-City owned utilities. · Utilities will be potholed in accordance with the Caltrans "Manual on High & Low Risk Underground Facilities within Highway Rights-of-Way". The utilities at potholed locations will be field surveyed to determine the horizontal and vertical location.of the utility. For purposes of budgeting, 15 pothole locations will be assumed. · A box culvert may be required in this project, specifically under Fallon Road. It is assumed in this Scope of Work that this will be standard Caltrans box culvert, requiring no special design. · Traffic signal designs shall be included at the intersections of Fallon Road and El Charro Road with the 1-580 ramp termini (total of two locations). Note that this scope-of-work and corresponding estimated fees include and provide for two distinct traffic signal designs at each of the two locations. Designs are included for initial signals with the existing roadways (prior to these proposed interchange improvements) and for the signal design corresponding to the interchange improvements. This scope-of-~vork provides for an independent and stand-alone design and preparation of Bid Documents for the Initial Traffic Signal Installation. This includes all necessary minor roadway ,videning and modifications required for the initial traffic signal. If the initial signal design is determine to not be required, the related work and design fees will be deducted from this scope-of- work and fees, as appropriate. · Ramp metering and TOS facilities will be included. Ramp meters are to be designed for only the eastbound loop on-ramp that is being constructed. TOS facilities shall be limited to that which is required within the interchange. Facilities outside the interchange are not provided for in this scope- of-work. · Street/roadway lighting shall be included at the intersections and for the ramp gore areas within the Project limits. · Replacement landscape and irrigation shall be included within the interchange area where the existing landscaping will be disturbed by the construction. · Guidelines and requirements for a Storm Water Pollution Prevention Plan (SWPPP) will be included in the Bid Documents. The construction contractor will be required to develop and gain approval for a Project specific SWPPP. Work Not Included in this Final Design (PS&E) Scope of Work · No additional hazardous material investigations ~vill be performed beyond the Aerial Deposited Lead Investigations and Pesticide/Herbicide Investigations. · Additional Traffic Counts or Traffic Operational Studies. · Engineering or design associated with non-City or non-Caltrans o~vned utilities. · Design of sound walls, wetlands and other environmental mitigations. · The landscaping and irrigation plans are part of the roadway plans and will not be a separate construction contract. · Improvements to downstream (outside Project limits) drainage facilities. · Submittal to or review by Caltrans Headquarters. · Submittal of electronic (CADD) files to Caltrans for review. · Right-of~way appraisals, negotiations, acquisition deeds, or Caltrans appraisal maps. P:\98104PSE'XAdmin-FallonPS&E".Scoping-Fees~,P S & E~PS&E-Scope042400.doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 4 of 16 Preparation of construction slope stake notes/information. Engineering Services During Construction (ESDC). S. pecific Description of Work The construction Bid Documents shall be prepared in accordance with the Caltrans' Guide for the Submittal of Plans, Specifications, and Estimates, except as provided for in this scope of work. The milestones which are described in detail in this section of the Scope of Work for Final PS&E are as follows: Milestone 1: Milestone 2: Milestone 3: Milestone 4: Milestone 5: Project Management Preliminary PS&E (35% Submittal) Interim PS&E (65% Submittal) Draft PS&E (95% Submittal) Final PS&E (100% Submittal) Milestone 1: Project Management Project Management involves setting up operations of the project team, internal and external coordination, supervision of the team, progress monitoring and reporting. The anticipated elements of this task are the following: 1.1 Project Control 1.1.1 Team Stqvervision. Consultant will supervise the team, coordinating and monitoring design for conformance with City of Dublin and Caltrans standards and policies. 1.1.2 Maintain Project Files. Project files will be set up and maintained throughout the design period. 1.1.3 Prepare and Update Design Schedule/Work Plan. design schedule and update as necessary. Consultant will provide a 1.1.4 Prepare Monthly Progress Reports. Monthly progress reports will be prepared in a form acceptable to the City of Dublin. 1.1.5 Perform QA/QC. All major project deliverables will be checked by project staff, and xvill receive quality reviews before being released to persons outside the team. Subconsultant Team Members are required to perform similar reviews before submittal of documents to Consultant for further processing. The budget for QA/QC tasks is included in the individual milestones. P'&9$104P$1~,Admin-FallonPS&ESScoping-Fees\P S & E'xPS&E-Scope042400.doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 5 of I6 1.2 Meetings L3 1.4 The following meetings are anticipated for this project: · Monthly Progress Meetings/Minutes - Eight Monthly Progress Meetings are anticipated and provided for in this scope-of-work. · Project Development Team (PDT) Meetings/Minutes - The Project Development Team (PDT) was formed during the combined PSR/PR preparation phase of this project to act as a steering group during the course of the work. This same PDT wilt continue through the PS&E phase of this project. The Consultant will coordinate, participate and support the PDT efforts, providing agendas, study information, minutes, etc. Eight Monthly PDT Meetings are anticipated. · Project Meetings- Technical meetings will be held among the Consultant Team, City of Dublin, City of Pleasanton, City of Livermore and Caltrans staff as often as necessary, to discuss issues and other items needing resolution. Meetings with other agen6ies and property owners will also be held as needed. Meeting minutes will be provided for City review and approval. · Utility Coordination Meetings - The Consultant will conduct and attend meetings with utility owners (including both private and city-owned) to determine existing utility locations, potent'iai conflicts and possible relocations. If utility relocation is necessary, then further discussiOias will also include who will perform the engineering, compensation if any for the engineering of the relocation design, and funding arrangements for the actual relocation. · Dublin~ City Council Meetings - The Consultant will assist City staff in presenting this project to the Dublin City Council including preparation of exhibits. Modify ~SR/PR The PSR/PR will be modified to include the ~vestbound 1-580 auxiliary lane. Initial Traffic Signal Installation The Initial Traffi'c Signal Installation shall be designed for the t~vo existing ramp terminii intersection locations with the existing roadways, prior to the proposed interchange improvements. The Initial Traffic Signal Installation shall be a separate and independent set of construction Bid Documents, including all roadway and civil improvements required to provide a complete and approved installation. It is assumed that the roadway widening improvements associated with this initial traffic signal installation will be the minimum required. Included in the design shall be signal interconnects between the two locations. This sub-task incorporates and provides for the complete final design and construction Bid Document preparation for the stand-alone Initial Traffic Signal Installation. Included shall be the preparation of a Caltrans Encroachment Permit, including a PEER, Design Exception fact sheets, Right-of-Way Certification, and Utility Certification. P:\98104PSEXAdmin-FallonPS&E'\Scoping4=ees\P S & E~S&E-Scope042400,doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 6 of 16 Milestone 2: Preliminary PS&E and Geometric Base Maps 2.1 Collect Additional Data Preliminary investigations will involve the accumulation and review of all additional existing data and detailed field investigations to verify existing site conditions. Additional data that may be collected include: · Existing GeotechnicalReports and Soil Logs · Available hydrology and hydraulic information · As-builts 2.2 Review Preliminary Geometrics Using information developed in the combined PSRfPR, and the results and finding~ of the other preliminary investigations, the Consultant will review the proposed alignment alternative and develop revisions as appropriate. 2. 3 Perform Fiehl Surveys The field surveys will consist of the following: · Topographic features (areas under tree coverage, trees greater than 0.15m in diameter, fire hydrants, light standards, location ofdrive~vays and curb ramps, etc.) · Surface utility facilities (including inverts for accessible sanitary sewer manholes/inlets and valves for utilities) · Existing storm drainage systems (including inverts for accessible storm drain manholes and inlets) · Potholed utilities (in conformance with Caltrans "Manual on High and Low Risk Underground Facilities within Highway Rights of Way") · Conform areas at local streets and driveways · Cross sections at 20 m intervals 2.4 Prepare Preliminary Drainage Report The Consultant will review and refine existing hydrology and hydraulic data/studies. After study of local drainage and overland flow conditions, the Consultant will conduct drainage and hydrological analysis, and document such studies in the appropriate reports. The drainage areas of the project will be developed, inlet placement ~vill be determined and pipe size will be designed. The drainage design will be developed to the point where impacts on geometric features, right-of-way, and bridge foundations can be ascertained. A preliminary Drainage Report will be prepared summarizing the above studies and preliminary plans. 2. 5 Determine Utility Locations and Potential Relocations Existing utility facilities ~vill be identified by field reviexv, through discussion with affected utility companies and potholing, where necessary (potholing will be done in conformance with Caltrans "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way"). The location of existing utilities will be delineated on P:\98104PSE Admin-FallonPS&D, Scoping;Fees\P S & E',PS&E-Scope042400.doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 7 of 16 2.6 skeleton layouts with conflicts and necessary relocations identified. The plans will be forwarded to the City of Dublin and Caltrans for their review and comment. Note that potholing may or may not be done at this stage of design. Where feasible, potholing may be delayed until Milestone 3 (Interim PS&E). Draft Geotechnical Design Report, Draft Materials Report, and Draft Foundation Report The Geotechnical Design Report, Materials Report and Foundation Report will require a field exploration and laboratory testing program. The City of Dublin and Caltrans will be consulted on the number and method of test borings required. Following the field investigations, the Draft Geotechnical Design Report, Draft Materials Report and Draft Foundation Report will be prepared in accordance with Caltrans requirements including Test Method 130 and the Caltrans Bridge Design Aid. A Log of Test Borings (LOTB) will be prepared in the required DOS format for inclusion into the contract plans. The key geologic and geotechnical issues affecting the design of the highway improvements are: · Embankment earthwork including the need for keyways and underdrainage · Groundwater · Subgrade support for the new embankments · Embankment settlement (construction period, surcharge or preload and lag time) · Embankment and cut slope stability · Stability of adjacent existing slopes · Foundation support of the new bridge structures, retaining walls and box culverts · Impact and appropriate mitigation to the adjacent bridge foundation The Materials Report will address the following: · Description of Terrain and Geology · Existing Facilities · Structural Sections (Pavement Design) · Materials Available · Recommended Materials Specifications The Geotechnical Design Report will address the following: · Existing Facilities · Cuts and Excavations · Embankments · Earthwork Factors · Corrosion Investigation · Culvert, Retaining Wall and Embankment Foundations P:\98104PSE'2Xdmin-Fal[onPS&EXScoping-Fees\P S & E'~PS&E-Scope042400.doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 8 of 16 2.7 2.8 The Foundation Report will address the following: · Existing Facilities · Bridge Foundation Requirements · Seismic Conditions Aerial Lead Investigation & Pesticide/Herbicide Investigations 2.7.1 Aerial Lead Investigation. Prepare a Letter Report on the investigation and findings concerning aerially deposited lead in the surface soil within the Project area. The test results will be used to develop the necessary procedures and program for identifying the extent of the contaminated soil and removal (if any). The results may further be utilized to determine the applicability of the California Department of Toxic Substances Control (DTSC) variance prepared for the reuse of aerial lead impacted soil within the State highway right-of-way. 2.7.2 Pesticide/Herbicide Investigations. Prepare a Letter Report on the investigation and findings concerning pesticides and/or herbicides that may exist in the soil within the Project area. The test results will be used to develop the procedures and program for identifying and removing contaminated soil (if any) and for the proper method of disposing of the material. Prepare Geometric Base Maps 2.8.1 Prepare Geometric Base Maps (35% Roadway Plans). The preliminary horizontal and vertical alignments developed in the PSR/PR will be refined and the ProJect Geometric Base Maps will be developed. All control lines will be calculated and edges of pavement, curb returns, tapers, and other geometric features will be accurately delineated on the Base Maps. The format of the Geometric Base Map shall be plans developed at a scale of 1:1000 and shall be on one over-sized exhibit (not on individual standard plan sheets). The topographic base mapping shall be that developed during the PSR preparation, per Caltrans requirements. As practical, additional information such as typical sections, traffic volume information, etc. will also be shown on the plan exhibit. Additional information that is not practical to be placed on the plan exhibit, shall be included on individual exhibit sheets. Information to be included in the Geometric Base Map submittal includes: · Calculated Roadway Control Lines · Accurately plotted edges of lanes, road~vays, curb returns, and tapers · Profiles and Superelevation Diagrams for proposed work · Text'Call-outs for taper lengths and rates · Traffic Volume information P:\98104PSE'~Admin-FallonPS&E~Scopin§-.Fees\P S & E~PS&E-Scope042400.doc b580/Fallon Road Interchange - PS&E Scope of Work Page 9 of 16 2.9 2.8.2 Bridge 2.9. I 2.9.2 2.9.3 2.9.4 · Typical Roadway Sections · Typical Bridge Sections · Existing Utility Plans and Preliminary Relocations It is the intent that the Geometric Base Map submittal, including supplemental information, will be inclusive of the 35% submittal. This scope-of-work does not include nor provide for a separate 35% submittal. Prepare Plan Line - "BART Pitts Buildout" Alternative. In addition to the Geometric Base Maps (GBM) developed for the Build Alternative in Task 2.8.1, a.Plan Line shall also be developed for the ultimate "BART plus Buildout" alternative. The format and information included in the "BART plus Buildout" Plan Line shall be similar to that for the Build Alternative defined in Task 2.8.1. The base used to define the existing condition for the development of the "BART plus Buildout" alternative, shall be the proposed Build Alternative. a) Submit Draft "BART plus Buildout" Plan Line for Review: The "BART plus Buildout" Plan Line shall be submitted to the City'of Dublin, Caltrans, BART, and other reviewing agencies. b) Resolve Comments and Revise Plan: This scope-of-work provides for two rounds of review by the City, Caltrans, and other agencies and the corresponding Plan Line revisions to be done by the Consultant. c) Submit Final "BART plus Buildout" Plan Line: The Final "BART plus Buildout' Plan Line incorporating all the resolved review comments will be issued to the City, Caltrans, and other appropriate agencies. The Final "BART plus Buildout" Plan Line will not be submitted to Caltrans for formal approval. General Plan and Type Selection Memo and Meeting Bridge General Plan. Bridge General Plans will be prepared for each structure in accordance with Bridge Design Details Section 3 and Bridge Design Aids Section 10. Preliminary Quantities and Estimates. General Plan quantity take-offs and construction cost estimates ~vill be prepared. Structure Type Selection Memo. The Consultant Team ~vill prepare a Caltrans Structure Type Selection Memo and vicinity map for each structure. Upon completion of this task, copies of the proposed General Plan, General Plan Estimate, Type Selection Memo and Vicinity Map will be submitted for revie~v prior to the Structure Type Selection meeting. Structure Type Selection Meeting. Upon completion of initial review by Caltrans DOS, a Type Selection Review meeting will be held in which the Consultant P:\98104PSE'kAdmin-FallonPS&ESScoping-Fees\P S & E~S&E-Scope042400.doc 1-580/Fallon Road Interchange - P,S&E Scope of Work Page 10 of 16 2.10 2.11 Z12 2.13 2.14 2.15 Team will be prePared to discuss and provide information on foundation requirements, seismic considerations, construction cost and other pertinent information that is needed to determine the proper structure type. 2.9.5 Update and Finalize General Plan. Comments from the Type Selection Meeting will be incorporated into the Structure Type Selection Memo and it will then be resubmitted to Caltrans DOS for approval. Review Right-of- Way Information 2.10.1 Obtain Existing Right-of-Way Mapping. Existing Right-of-Way mapping will be reviewed for current conditions and to provide a basis for development of updated right-of-way requirements. 2.10.2 Review Right~of-Way with Affected Agencies. The current project proposal and associated right-of-way requirements will be reviewed with affected agencies for applicability and to ascertain if any revisions, additions and/or deletions are required. Perform Value Analysis. Value engineering techniques will be employed during this phase of the project to investigate potential cost saving options. Traffic control issues, pavement structural section, and bridge/retaining wall type selection are among items for value analysis consideration. A letter report summarizing the Value Engineering effort will be prepared. Prepare Requests for Additional Exceptions to Design Standards. An exception request, including fact sheets, will be prepared and processed through Caltrans as appropriate for any additional design exceptions from mandatory or advisory standards that were not identified in the combined PSR/PR. Determine Required Permits A list of potential permit requirements will be updated from the combined- PSR/PR. Some potential permitting and/or approving agencies that may be involved are: · State Water Resources Control Board · Regional Water Quality Control Board · PUC · Zone 7 NPDES NPDES Utility Relocation ExistingFacilities Prepare Preliminary Construction Estimate A preliminary construction estimate will be prepared consistent with the level of plan development. Perform Quality Assurance/Quality Control Prior to the release of this submittal, all submittal documents will undergo the Consultant's internal Quality Assurance/Quality Control review. P:\98104PSExAdmin-FallonPS&EX,Scoping-Fees\P S & E~S&E-Scope04240(] doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 11 of 16 2.16 Submit for City of Dublin, Caltrans and Agency Reviews The Geometric Base Maps, Plan Line, and accompanying information will be submitted to all reviewing agencies. Milestone 3 3.1 3.2 3.3 3.4 3.5 Interim PS&E (65% Submittal) Preliminary Design Review Comment Resolution Review comments received from the City, Caltrans and other review agencies will be reviewed by the ConsuItant and incorporated in the plans, if appropriate and as directed by the City. If necessary, a meeting to clarify or resolve the comments wilt be held and will result in a listing of those comments to be included in the plans, those comments that will not be included and those comments requiring further investigation. Prepare Draft Drainage Report The Preliminary Drainage Report will be expanded to incorporate the 35% submittal comments and include backwater calculations, inlet capacity calculations, and other detailed hydraulic calculations in accordance with Caltrans standard practices and-' procedures. Prepare Utility Relocation'Plans The Consultant ~vill prepare the Utility Relocation Plans based upon discussions with the City on City-owned utilities and utility relocation plans provided by private utility companies. For non-City owned utilities, the Consultant will show information provided by others on the plans for coordination purposes only. Prepare Final Geotechnical Design Report, Materials Report and Foundation Report The Consultant ~vill resolve review comments from the City and Caltrans review and prepare the final reports. Prepare Final Aerial Lead Investigation Report The Consultant will resolve review comments from the City and Caltrans review and prepare the final report. P:O8104PSl3Admin-FallonPS&L%Scoping-Fees\P S & D, PS&E-Scope042400.doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 12 of 16 3. 6 Interim Submittal 3.7 3.6.1 Prepare Interim Submittal: Roadway Plans (65°,4). The typical list of design drawings may include the following: Title Sheet Typical Cross Sections Key Map and Line Index Layouts Profiles and Superelevation Diagrams Construction Details Pavement Elevations Contour Grading Drainage Plans, Profiles, and Details Box Culvert Plans Utility Relocation Plans and Details Construction Area Signs Pavement Delineation Traffic Signal/Interconnect Plan Ramp Metering/TOS Retaining Wall Plans and Details Bridge General Plans Bridge Plans and Details Landscape/Irrigation Plans and Details Electrical and Roadway Lighting Plans and Details Traffic Handling Plans Sign Plans and Details Stage Construction Plans 3.6.2 Traffic Signal Design. Traffic signal designs shall be included at the intersections of Fallon Road and E1 Charro Road with the 1-580 ramp termini (total of two locations). This scope-of-work provides for two --independent designs at each of the two locations as follows: a) Initial Traffic Signal Design: Traffic signal systems shall be designed at the two locations for the existing roadways, prior to these proposed interchange improvements as defined and provided for in sub-task 1.4 of this scope-of-work. b) Interchange Modifications Traffic Signal Design: Traffic signal systems shall be designed at the two locations corresponding to the interchange improvements defined in this scope-of-work. Included shall be signal interconnects between the two locations and provisions to extend the interconnections in the future. The existing condition to be used as the basis of design shall be either the existing unsignalized ramp termini intersections or the initial signals defined in Task 1.4, as will be determined prior to beginning the signal design tasks. 3.6.3 Develot2 Desig~ Cross-Sections. Preliminary Design Cross-Sections xvill be developed typically on t~venty (20) meter spacing for the Project roadxvays. The primary function for developing cross-sections will be to allow an accurate estimation of contract earthwork and paving quantities. Prepare Unchecked Bridge Plans Unchecked Bridge Plans will be prepared for the nexv Fallon Road Overcrossing (westerly bridge) and existing bridge modifications. P:\98104PSEXAdmin-FallonPS&E~,Scoping. Fees\P S & ~PS&E-Scope04240C .doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 13 of 16 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 Prepare Right-of- Way Maps 3.8.1 Prepare Right-of- Way Requirements Maps. The right-of-way requirements, if any, will be delineated and submitted for review and approval by the City of Dublin and Caltrans. 3.8.2 Prepare Temporary Construction Easement (TCE) Exhibits. Based on the results of Milestone 3.6, TCE exhibits will be prepared. Review comments will be incorporated into the exhibits for final approval. This Scope of Work assumes that no new right-of-way will be required for this project, other than the TCEs. 3.8.3 Prepare Record of Survey. A Record of Survey will be prepared and submitted for review and approved by the City of Dublin, Caltrans, and Alameda County. Finalize Requests for Additional Exceptions to Design Standards Exception requests, including fact sheets, prepared under Task 2.12 will be finalized based upon Caltrans comments. Prepare Draft Permit Applications Permit Applications wilt be completed for review by the City of Dublin. Prepare Preliminary Quantities and Estimates The quantities and estimates for the proposed work will be updated to reflect the improved level of design completion. No quantiD' tables will be prepared at this time. Outline of Special Provisions An outline of the unedited draft of the Standard Special Provisions will be prepared and submitted for review. Perform Quality Assurance/Quality Control Prior to the release of this submittal, all submittal documents ,,viii undergo the Consultant's internal Quality, Assurance/Quality' Control review. Perform Safety Review A safety review of the Project and plans will be performed in association with the City and Caltrans. Notes of the safety revie~v will be prepared by the Consultant. Submit for City of Dublin, Caltrans and Agency Review Accompanying this submittal will be our responses to the review comments received on the previous submittal. Quality assurance/quality control will be P:\98104~Admin-FallonPSR\Scoping- Fees~P$&D, ps&.Scope 122799.doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 14 of I6 performed on all deliverables before submittal to the City of Dublin, Caltrans, or local agencies for review. Milestone 4: 4.1 4.3 4.4 4.5 4.6 Draft PS&E ( 95% Submittal) Resolve Milestone 3 Review Comments Review comments received from the City, Caltrans and other review agencies will be reviewed by the Consultant and incorporated into the plans, if appropriate and as directed by the City. If necessary, a meeting to clarify or resolve the comments ~vill be held and will result in a listing of those comments to be included in the plans, those comments that will not be included and those comments requiring further investigation. Finalize Technical Reports All technical reports will be updated and finalized. All report review comments will be resolved and included as appropriate and all new or revised information developed during the design will be incorporated. Independent Structures Check Independent design, details and quantity checks of the bridge plans will be prepared in accordance with Caltrans requirements. Incorporate Comments and Finalize Plans All resolved and agreed upon comments from Milestone 3 reviews will be incorporated. All roadway and bridge plans and details will be brought to a 100% level of completion. Compatibility betxveen the roadway and structure plans will be verified. Finalize Permits All permit applications required by the design will be updated and finalized. All review comments will-be resolved and included as appropriate and new or revised information developed during the design will be incorporated. The permit applications will be submitted to the City of Dublin for signature as the project sponsor. Prepare Project SWPPP Guidelines and Requirements The guidelines and requirements for the Project SWPPP ~vill be developed and included in the Project Special Provisions. It will be the construction contractor's responsibility to develop, submit to the Engineer, and obtain an approval for the Project Specific SWPPP per the guidelines and requirements. P:\98104\.Admin-Fallo nPSR\Scoping- Fees\PS& E--2ps&.Scope 122799.doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 15 of 16 4.10 Finalize Quantities and Estimates The quantities and construction cost estimates will be updated. The Caltrans marginal estimate will be prepared for the bridge, included in this task will be the updating and finalization of the Project contract quantities and corresponding construction estimate (BEES format) and the development of an estimated working days of construction. Prepare Draft Special Provisions The Consultant will complete the Draft Special Provisions. Draft Special Provisions will be Prepared for all items, by incorporating all agreed upon comments and additional specifications that may be necessary. All contract bid items will be covered by measurement and pay clauses. This will also include the lane closure charts and the estimated working days of construction. Finalize the Right-of-Way Documents All review comments will be resolved and included, as appropriate and approved by the City, and all new or revised information developed during design will be incorporated. The Draft Right-of-Way Certification and Utility Certification will '~be prepared. Perform Quality Assurance/Quality Control A quality assurance/quality control check will be made prior to release for submittal. 4.11 Submit for City of Dublin, Caltrans and Agency Review The complete set of plans, special provisions, quantities, construction cost estimate, and appropriate final technical reports will be submitted to the City of Dublin and Caltrans and other revie~ving agencies for their revie~v and comment. Milestone 5: Final PS&E (100% Submittal) 5.1 Resolve Milestone 4 Review Comments Revie~v comments received from the City, Caltrans and other review agencies will be reviewed by the Consultant and incorporated in the plans, if appropriate and as directed by the City. If necessary, a meeting to clarify or resolve the comments be held. 5.2 Incorporate Milestone 4 Continents and Finalize PS&E All resolved and agreed upon review comments as directed by the City of Dublin will be incorporated into the plans and special provisions, and design documents will be updated as necessary The final road~vay and structure plans, specifications, and Engineer's estimate will be combined into a set of bid documents. P:\98104\Adm in-FallonPSD,Scoping- Fe es\PS&E'xPS&-Scope 122799. doc 1-580/Fallon Road Interchange - PS&E Scope of Work Page 16 of 16 5.3 Finalize Design Cross-Sections. Design cross-sections shall not be a part of the bid documents, but shall be available at the time of bidding to assist prospective bidders in determining construction quantities. Preparation of construction survey notes (slope staking, grid grade, etc.) are not included in this scope-of-work. 5.4 Perform Quality Assurance/Quality Control A quality assurance/quality control check will be made prior to release for submittal. 5.5 Submit PS&E to City of Dublin, Caltrans and Agency Review The Final PS&E will be submitted to the City of Dublin, Caltrans and the api>ropriate agencies for review. The Final PS&E submittal is considered to be a verification of responses to previous comments. Any comments, other than minor editing, that result in new or rework will be considered as Extra Work. 5. 6 Submit Encroachment Permit Application The Consultant will incorporate all the City of Dublin, Caltrans and impacted agencies' review comments. The Consultant shall prepare the Caltrans Encroachment Permit Application, including all required attachments, for signature by the City of Dublin. 5. 7 Submit Construction Bid Documents After all appropriate revie~v comments from the 100% verification check (Task 5.5) have been incorporated into the plans, specifications, and estimates, the Consultant shall submit the final Construction Bid Documents to the City. This submittal shall include: · Reproducibles of all contract drawings · Camera ready special provisions and specifications · Final Estimate of Probable Construction Cost Milestone 6: Bidding Assistance and Engineering Services During Construction Engineering Services during Construction are not included nor provided for in this scope-of- ~vork. Any services to be provided by the Consultant, shall be defined and negotiated at a later date. P:\98104V~dmin-FallonPSRX,Scoping-Fees\PS&EXps&-Scope 122799.doc PROJECT TIMING Attached is a Project Schedule dated April 25, 2000. CCS will make every effort to keep to this schedule. However, it is assumed that there may be delays in timing caused by other agencies, which are beyond CCS's control. These delays may extend the proposed project Final PS&E approval past the estimated date of January 23, 2001. ~. -.? 1-580/Fallon Road Interchange Project Schedule ! PROJECT STUDY REPORT (PSR)IPROJECT REPORT(PR)lED 368 days Fr14116199 Tue 8~29~00 4/t6 8~29 2 ~/' Project Kick-Off Meeting (PDT) 0 days Fri 4/16/99 Fd 4116/99 4/16 ~ i 3 v'" Data Collection & Review 40 days Fri 4/16199 Thu 6/10/99 0'0% ! 4 ¥/' Prepare Traffic Studies - 60 ~lays Fri 6111199 Thu 9/2/99~'~ ! .' 6 v/' Prepare Geometric Concepts 60 days Fri 6111/99 Thu 9/2/99 ' 100% i 6_ v/* Caltrans/LocalAgencyRe~iew/Approval 25days Fri913/99 "' Thu10/7199 i~-100% i 7 V/ Prepare Advance Planning Studies 50 days Fri 913199 Men 11129199 ~i~, '~'~'~"; 10~% 8 v/' Prepare Environmental Technical Studies 25 days Fri 1018199 Thu 12/2/99 4 i 10~% 9 ~" Prepare Draft EIR Addendum 45 days Fri 10/8/99 :Thu 12/9/99 ) ...... 1~0% 10 I V" Prepare Draft PSRIPR/ED 86 days Fd 10/8/99 Fri 2/4/00 i i 100% tl ,,/' Prepare Admin Draft Initial Study 41 -d 'ays Fri 12/10/99 Fri 2/4/00 ,, ~j~, ...... ,100% t2 ~ CaltranslLocal Agericy Review 35 days Men 2/7100 Fd 3/24/00 ' 0 % 13 Perform Special Status Plant Surveys 24 days Tue 4/4/00 Fd 5/5/00: ~ I 14 Prepare Final Initial Study ~ 2 days Men 5/8/00 Tue 5/9/00 I _ ~ 15 Public Cimulation/Comment · 22 days Wed 5110100 Thu 6/8/00 16 City Council Meeting Approval 0 days Tue 6/20/00 Tue 6120100 6 17 Caitrans Distdct Approval 10 days Wed 6/21/00 Tue 7/4100 . 18 FHWA A'pproval 10 days Wed 7/5/00 Tue 7118/00 t ' 19 ' Freeway Agreement Modifications -- 30 days Wed 7119/00 Tue 8/29/00 ' CTC Freeway Agreement Approval 0 days Tue 8/29/00 Tue 8/29/00 ' ' ' -- ' 21 COOPERATIVE AGREEMENT (DESIGN) 145 days Frl 12117199 Th'"---~u 71610~ "T~-- ~ ~1~ 22 v/ Caltraq Prepares Draft Agreement 85 days FH 12/17/99 Thu 4/13100 ~ .............. 23 City Review/Comment 20 days Fri 4/14/00 Thu 5111100 i - I 24 Caltrans/City Execute Agreement 40 days Fd 5/12/00 Thu 7/6/00 'l 25 RIGHT-OF-WAY CE~IIPICATION 175 days Wed 6110100 Tue 119/0t I 8110 ~,, I 40 COOPERATIVE AGREEMENT (CONSTRUCTION) 136 days Fri 12/17199 .Thu 6122/00 12/17 r! 6122 ~ Caltrans Prepares Draft Agreement 85 days Fd 12/17/99 Thu 4/13/00 % 42 City Review/Comment, 20 days Fri 4/14/00 Thu 5/11/00 ! ~ 43 Caltrans/City Execute Agreement 30 days Ffi 5/12/00 Thu 6/22/00 0% 44 GEOTECHNICAL ENGINEERING 101 days Frl 12/17199 Frl 616100 12,,17, ~ 516 45 ~" Soils Exploration 20 days Fd 12/17/99 ...... Thu 1113/00 46 ADL/Pesticide Testing 81 days Fri 1/14/001 Fd 5/5100 i" ................. Ir1 80% Task ~ Critical Task Progress ~ Rolled Up Task ~ Rolled Up Progress ~ Project Summary Project: 1-580Fallon Data: Tua 4/25/00 .. Task Progress IIII Milestone ~ Rolled Up Critical Task !~///,/~////z/z/z/z/~ . SplJ! I ........... Critical Task , [//////////////~ Summary ~ Rolled Up Milestone O External Tasks 1580Fallen3 Page . 1-580/Fallon Road Interchange ~ Project Schedule · ~oo9 : I 2000 ID O Task Name .DF,ration Start Finish Fel~MarlAprNay~Junl Jul IAuglSeplOct ~NovlDeci.t~lFeb Mar Apr[May Jun Jul laugh, ep Oct ~,ovpec Jan Feb{MarlApr[MaylJun 47 Foundation Report 81 days Fri 1/14/00 Fri 5/5/00 i 80% 48 .... Materials Report 81 days Fd 1/14/00 Fri 5/5/00 ~t' i 80% 49 STRUCTURAL DESIGN 179 days Fr12125100 Wed 11/1100 '~25 I .' SO [~ Seismic Analysis & Strategy Report 30 days Fri 3/31/00 Thu 5/11/00 ~ I I 0% 6t Structure Type Selection (GP) 25 days Fri 2/25/00 Thu 3/30/00 } 52 Type Selection Review 20 days Fri 3/31/00 Thu 4/27100 ~.0% 53 Type Selection Meeting 0 days Thu 4/27/00 Thu 4127/00 4/27 ~ ~r 54 Bridge 65% Design 44 days Fri 4/28/00 Wed 6/28/00 0% SS Independent Check 20 days Thu 6/29/00 Wed 7/26/00 j[] 0% 66 DOS Review · 30 days Thu 6/29/00 Wed 8/9/00 1 0% 57 95% Structure Design 20 days Thu 8/10/00 Wed 9/6/00 i~0% 58 DOS Final Review · 30 days Thu 9/7/00 Wed 10/18/00 ! 50 Final Revisions 10 days Thu 10/19/00 Wed 11/1/00 [] 0% 60 PLANS, SPECIFICATIONS & ESTIMATE (PS&E) 268 days Frl 1/14100 Tue 1123101 11t4 '~r ~11 I · ! V 1123 61 Prepare Geometric Approval Drawings (GAD) 80 days Fd 1/14/00 Thu 5/4/00 ~o/,, 62 Caltrans Review/Approval. 21 days Ffi 5/5/00 Fri 6/2/00 ?~ ·63 Prepare 65% PS&E 62 days Men 6/5/00 Tue 8/29/00 I 3% 64 Caltrans Review 30 days! Wed 8/30100 Tue 10/10/00 , 65 Prepare 100% PS&E 30 days Wed 10/11/00 Tue 11/21/00 i . 66 Caltrans Review 30 days Wed 11/22/00 Tue 1/2/01 i ' ~ ~///'~0% 67 Final PS&E Preparation 10 days Wed 1/3/01 Tue 1/16/01 I 68 Final PS&E Approval 5 days Wed 1/17/01 Tue 1123/01 i i ~' 0% 69 FINAL PROCESSING 165 days Wed 8130100 Tue 4/17/01 i 8/30 .. i I ~,. 4/t7 70 Caltrans Issues Encroachment Permit 5 days Wed 1124/01 Tue 1/30/01 ~i J~ 0% 71 Revise Maintenance Agreement 40 days Wed 8/30/00 Tue 10/24/00 I 72 Advertise Project 20 days Wed 1124101 Tue 2/20/01 73 Bid Opening & Evaluation 15 days Wed 2/21101 Tue 3/13/01 i I i 0% 74 Awa~ Contract 15 days Wed 3/14/Ol Tue 4/3/o~ i 1 75 Contractor NTPIStart 10 days Wed 4/4/01 Tue 4/17/01 i i El 0% Task ~ C~'itical Task Progress ~ Rolled Up Task ~ Rolled Up Progress I~1 Project Summaw Project: 1-580Fallon Date: Tue 4/25/00 Task Progress Milestone · Ro,,od u. c..,., Task ~ S.,. I ........... I · ' Critical Task~ ~ Summary ~ Rolled Up Milestone ~ External Tasks 1580Fallen3 . ,. Page EX[IIBIT B PAYMENT SCHEDULE City shall pay Consultant on a time and material bases not to exceed the total sum of FIVE HUNDRED NINITY THREE THOUSAND ONE HUNDRED EIGHTY DOLLARS ($593,180) for services to be performed pursuant to this Agreement. Consultant shall submit invoices monthly based on the cost for services performed in accordance with the Exhibit "A" cost estimate. The total sum stated above shall be the total which City shall pay for' the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- 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 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 1 of 1 05/09/00 EXI:IIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor% 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. . E 'xhibit C Page 1 of 1 05/09/00 EXHIBIT D GENERAL PROVISIONS 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 tight 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 ~onsultant 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 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: Insurance Services Office form number GL 0002 (Ed. 1/73) coveting comprehensive General Liability and Insurance Services Office form-number GL 0404 coveting 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. Exhibit D Page 1 of 5 05/09/00 Minimum Limits of Insurance. Consultant shall maintain limits no less than: 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) (3) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 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 ~pproved 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, irs 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. 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 Consukant, 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. Exhibit D Page 2 of 5 05/09/00 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 mount deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (4) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mall, return receipt requested, has been given to the City. Eo Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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 hav~ 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 05/09/00 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. 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 wkich 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 resuking to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, iiability, expense, claim, costs (including costs of defense), suits, and damages of every End, nature and description directly or indirectly arising from the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement 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, desigus, 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 O5/09/00 produced in whole or in part under this A~eement 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 Ageement. Exhibit D Page 5 of 5 05/09/00