HomeMy WebLinkAboutItem 4.11 I580/Hacienda MKCentCITY CLERK FILE # 600-30
SUBJECT:
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 5, 2001
Amendment to Consulting Services Agreement with MK Centennial
for Construction Management Services for the 1-580/Hacienda Drive
Interchange Improvement Project (Modification to Scope of Work
and Additional Compensation)
Report Prepared by.' Lee So Thompson, Public Works Director
ATTACHMENTS:
1) Resolution Amending Agreement, along with Exhibit A -
Amendment to the Agreement
2) Original Agreement dated June 6, 2000
3) Letter dated March 30, 2001 from Washington Infrastructure
4) City of Dublin letter dated May 7, 2001 to Alameda County
requesting additional funds and County Letter of Assurance
5) Budget Change Form
RECOMMENDATION: 1)
Adopt Resolution Approving Amendment No. 1 to the contract
with MK Centennial contract
Approve Budget Change
FINANCIAL STATEMENT:
The cost for consulting services provided by MK Centennial in
the original agreement for construction management is $152,080.
This amendment will extend construction management services for
an extra 63 days and will include additional survey staking. The
not-to-exceed amount for the entire work is to be increased by
$69,015 to $221,095. Staff had requested that Alameda County
provide additional funds for the project and has since received a
check for $119,597 from the County to fund this amendment and
other construction-related costs. Alameda County will receive
additional Traffic Impact Fee credit for providing these funds.
DESCRIPTION: On June 6, 2000, the City Cotmcil approved the agreement with
MK Centennial (also known as Washington Infrastructure Services, Inc.) for construction management
services for the 1-580/Hacienda Drive Interchange Improvement. MK Centennial has been providing
construction administration, inspection, survey staking and materials testing services for this project.
The project is now almost complete; however, Staff has incurred additional costs in construction
administration and construction due to weather delay, utility relocation and several change orders.
COPIES TO: Erv Koenig, Washington Infrastructure
ITEM NO.
g:\engr\MK Centennial\agstamndJune 5-2001 .doc
1
The consultant' s request for additional compensation is due to the 63-day extension of the construction
contract and additional required survey staking. Alameda County had advanced the initial funds to build
the project, and has forwarded a check for $119,597 to the City to fund this MK Centennial request and
other construction-related costs.
Staff recommends that the City Council adopt the resolution approving the amendment to MK
Centennial' s agreement for modification of scope of work and additional compensation. Staff further
recommends that the Council approve the Budget Change for the increase in contract services for the
1-580/Hacienda Drive Interchange Improvements.
-2-
RESOLUTION NO. - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT
WITH MK CENTENNIAL FOR CONSTRUCTION MANAGEMENT SERVICES
WHEREAS, the City Council of the City of Dublin approved an agreement for construction
management services with MK Centennial (now known as Washington Infrastructure Services, Inc.) for
the 1-580/Hacienda Drive Interchange Improvement on June 6, 2000; and
WHEREAS, the Scope of Work is proposed to be modified to extend construction management
services for an extra 63 days and to include additional survey staking, and the not-to-exceed amount for
the work is proposed to be increased from the $152,080 in the June 6, 2000, agreement by $69,015 to
$221,095; and
WHEREAS, the Alameda County Surplus Property Authority will pay the cost of these services
and receive Eastern Dublin Traffic Impact Fee Credit for the amount paid;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve Amendment No. 1 to the agreement with MK Centennial, which is attached hereto as
"Exhibit A".
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 5th day of June, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:\engr\MKCentennial\resoamndl June5-2001.doc
i
EXItlBIT ."A" OF RESOLUTION -01
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND MK CENTENNIAL
FOR CONSTRUCTION MANAGEMENT SERVICES
· WttEREAS, the City of Dublin (hereinafter referred to as "CITY") .and MK Centennial,
also known as Washington Infrastructure Services, Inc. (hereinafter referred to as "CONSULTANT"),
entered into an agreement on June 6, 2000 to provide construction management services for the I-
580/Hacienda Drive Interchange Improvement'; and
WttEREAS, the Scope of Work is proposed to be modified to extend .construction
management services for an extra 63 days and .to include additional suryey staking; and the not-to-exceed
contract amount is proposed to be increased' to cover the cost of the additional work;
NOW, THEREFORE, the parties hereto agree as follows:
Scope of Work
The Scope of Work shall be modified to extend construction management services for an extra 63
days and to include additional survey staking, all as described in MK Centermial's letter dated March 30,
2000 for the -I~580/Hacienda Drive Interchange Improvement Project (attached).
Extension of Term
The total cost' for time-and-materials work under this amendment shall not exceed an additional
$69,015.
CITY OF DUBLIN
ATTESTi'
City Clerk
Mayor'
MK CENTENNIAL (also known as Washington
Infra cmre Services, Inc:)
Err Koe~~
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THiS AGREEMENT is made at Dublin, California, as of June 6, 2000, by and between
the CITY OF DUBLIN, a municipal corporation ("City"), and MK Centennial ("Consultant"), who agree
as follows:
1. SERVICES. Subj'ect to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said
services at the time, place, and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall
be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
Consukant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no
manner be specified in Exhibit B, then according to the usual and customary procedures and practices
which Consultant uses for billing clients similar to City.
3. FACILITIES AND EOUIPMENT. Except as set forth in Exhibit C, Consultant shall, at
its sole cost and expense, furnish all facilities and equipment which may be required for furnishing
services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Agreement. In the event of any inconsistency between said general provisions and any other terms or
.conditions. of this Agreement, the other term or condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. SUB CONTRACTING. The Consultant shall perform the work contemplated with
resources available within its own organization and no portion of the work pertinent to this contract shall
be subcontracted without written authorization by the City, except that which is expressly identified in
the Consultant's proposal.
7. CHANGES. City may from time to time require changes in the scope of the services by
Consultant to be performed under this Agreement. Such changes, including any change in the amount of
Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as
amendments to this Agreement only when in writing.
8. RESPONSIBLE CHARGE. Consultant.shall assign a project manager(s)to the project
for the duration of the project. There shall be no change in the Project Manager or members of the project
team without prior written approval by the City. The Project Manager for Consultant shall be Mr. James
E. Scott.
Agreement
Page 1 of 2
05/25/00
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:
Erv Koenig, 'Vice President
MK Centennial
5000 Hopyard Road, Suite 100
Pleasanton, CA 94588
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
Executedas of the day first above stated:
Attest:
Approved as to form:
CITY OF DUBLIN,
"Cor;sultant"//2
City. Attorney
Agreement
Page 2 of 2
05/25/00
EXIIIBIT A
SCOPE OF SERVICES AND SCHEDULE
PER REVISED PROPOSAL FROM MK CENTENNIAL DATED FEBRUARY 14, 2000
(ATTACHED) FOR CONSTRUCTION MANAGEMENT SERVICES 'FOR THE I-
580/HACIENDA DRIVE IMPROVEMENTS.
Exhibit A
Page 1 of 1
05/25/00
'1 rGIk"OENTENNIAL!( ....
CENTENNIAL ENGINEERING, INC.
5000 HOPYARD ROAD
SUITE 100
PLEASANTON, CALIFORNIA 94588
TEL: 925-460-5050
FAX: 925-460-5064
-February 14,2000
Lee Thompson
Public Works Director
100 Civic Plaza
P.O.. Box 2340
Dublin, CA 94568
Re:
Construction Management Services
1-580/Hacienda Drive Improvements
Dear Mr. Thompson:
MK Centennial Engineering, Inc. is pleased to submit a revised proposal to provide construction
management services and construction staking for the 1-5 80/Hacienda Drive Improvements project
as you requested. The proposal includes resumes for the project team, a draft scope of services, and
a proposed summary of costs.
The proposal was revised to include construction staking services to be performed by Chaudhary &
Associates as requested by the City. I have attached a copy of the Construction Staking Scope of
Services and Cost Proposal from Chaudhary & Associates for your review. Please feet free to
contactme if you have any questions on the revisions or the original proposal. I can be reached at
(925) 460-5050 ext. 303.
Sincerely ~
ames E. Scott, P.E.
~Construction
Enclosures
L:XPROJECTSx/z~aci~nda~ttersm02.wpd
MORRISON KNUDSEN COMPANY
EXHIBIT A
HACIENDA DRIVE IMPROVEMENTS
SCOPE OF SERVICES
Provide construction management services including contract administration,. construction
inspection, for the Hacienda Drive Improvements Project.
1. TASK 1 PRE-CONSTRUCTION SERVICES
Perform a limited constructability review of plans, specifications and Engineers estimate for
the Hacienda Drive improvements project. City to provide copies of Design Plans, Special
Provisions and Specifications, Engineers Cost estimate and any applicable permits or
agreements.
CONSTRUCTION PHASE/CONTRACT ADlVlINISTRATION
Administration - CONSULTANT shall perform construction administration activities,
including correspondence and document control. Provide complete support services for field
personnel, including office support and coordination of inspection and testing.
CONSULTANT will furnish all business equipment for CONSULTANT'S work such as
computers, copier, fax machines~ furniture and tel.ephones; expendable supplies such as
paper, binders, pens, pencil, etc. CONSULTANT will provide office/trailer, fax and phone
lines, and utilities.
Reporting - CONSULTANT shall utilize Caltrans procedures and policies, and CITY
requirements as necessary, regarding documentation of events, compilation of quantities,
contractor progress payments, final payment and as-built plans. The required records
pertaining to the job site staff include attendance reports, overtime records. Records
involved in monitoring the Contractor's contract include the weekly statement of working
days and monthly progress report. CONSULTANT staff member assigned to monitor the
Contractor's operations will submit a daily report relating the activities of the day. Reports
covering extra work shall be submitted to CITY along with Contractor's material billings
when appropriate. Roadway quantities shall be calculated as they are incorporated in the
work. The most current Caltrans Construction Manual is the principal reference for
CONSULTANT's field personnel.
Project Meetings - CONSULTANT shall conduct one preconstruction conference, weekly
progress meetings, and other project related meetings. CONSULTANT shall prepare
agendas and meeting minutes.
C:\lvlY DOCUMENTSXBD INFO\DUBLIN\SCOPE. WPD A- 1
Exhibit A - Scope of SerVices
Hacienda DriVe Improvements
Construction Engineering and Inspection Services
City of Dublin
Project Submittals - CONSULTANT shall process Contractor's submittals and assure their
timely review. CONSULTANT shall maintain a log to track processing of Contractor's
submittals.
Claims Mitigation - CONSULTANT will take steps to avoid claims on the project. In the
unlikely event of claims, any claim resolution will be performed as additional services.
Progress Payment - CONSULTANT shall prepare monthly progress payment requests and
submit to CITY for their payment.
Change Orders - CONSULTANT shall evaluate proposed change orders, coordinate changes
in design with High Quality Engineering, Caltrans, and City staff as appropriate.
CONSULTANT shall prepare change orders and an independent cost estimate and schedule
impact analysis.
Document Tracking - CONSULTANT shall track all documents during the course of the
project. Documents to be tracked are to include but not limited to all correspondence, shop
· drawings, test results, change orders, potential change order items, potential claims, design
clarifications, photographs, etc.
Documentation - CONSULTANT shall document the Contractor's activities on a daily basis,
conversations and meetings related to the project, changed conditions, change orders,
weather, accidents, environmental mitigation, and all other items that may be necessary for
reviewing progress payments, evaluating and processing change orders, and resolving
potential claims. Documentation is to include both written text' and photographs. Progress
photographs of the overall project are to be taken and a set included in the final project
records.
Design Clarification - Coordinate design clarifications with High Quality Engineering.
Prepare Payment Requests - CONSULTANT shall prepare separate payment requests for
items that are being funded from unique sources.
3. SURVEYS
CONSULTANT will provide and coordinate construction staking as per Construction
· Staking Scope of Services (page A-4)
C:MMY DOCUMENTS~BD INFO\DUBLIN\SCOPE.WPD A-2
Exhibit A - Scope of Services
Hacienda Drive Improvements
Construction Engineering and Inspection Services
City of. Dublin
, INSPECTION AND TESTING
CONSULTANT will:'
· Provide construction inspection, schedule and coordinate materials testing with City's
materials testing fnrn in accordance with Caltrans procedures for all project items.
· Coordinate the activities of testing 1,aboratories, surveyors and inspectors,
representatives from utility companies and the administration of all project permits
and utility relocations.
· Coordinate with local residents, proprietors, railroad and landowners to minimize
impact of construction on said parties.
· Enforce labor regulations as included in contract specifications.
· Maintain an up-to-date set of plans and specifications at the job site.
Review all certificates of inspections and tests.
· Provide final inspection and punch list.
· Collect and flu-rash as-built information to the designer for preparation of as-bulk
drawings.
POST CONSTRUCTION PHASE
After acceptance of the construction contract, CONSULTANT will:
· Prepare a Construction CompletiOn Report that will include:
· Summary of scope, cost, and schedule changes and the reason for the changes;
. Summary of project costs;
o Comprehensive Project Records (per Caltrans Requirements).
C:\MY DOCU1VIENTS\BD INFOXDUBLINXSCOPE.WPD A-3
KAILASH C. CHAUDHARY,
Registered Civil Engmeer
Planner
CHAUDHARY & ASSOCIATES
Engineers ·
· Surveyors
, INC.
· Planners ·Inspectors
i I
3272 VILLA LANE
NAPA~ CA 94558-3085 U.S.A.
PHONE: (707) 255-2729
.FAX: (707) 255-5021
February 8, 2000
#00-02-015
CHAUDHARY & ASSOCIATES
To:
From:
Re:
SCOPE OF SERVICES
CONSTRUCTION STAKING
Mr. Jim Scott, MK Centennial
Edward A. Krumrei, P.E.
Hacienda Drive / 1-580 Interchange Improvements Project
ITEM
1. Attend Pre-Construction Meeting
2. Office Preparation
3. Alignment Stakes (@10m)
4. Wall LOL (@ I0m and steps)
5. Slope Stakes
6. Drainage Systems 1, 2, 3, 4, and 9
7. Curb, Gutter, and Sidewalk
HOURS '
4.0 hours
8.0 hours
16.0 hours (3-Man Party)
8.0 hours (3-Man Party)
24.0 hours (3-Man Party)
8.0 hours (2-Man Party)
16.0 hours (2-Man Party)
INFORMATION PROVIDED BY HOE:
1. Alignments with coordinates: H, HR3, HL3, RWLOL
2. Full .scale plans
3. Full scale design cross-sections
4. Slope stake notes
5. Wall footing dimensions (step to step)
6. Final grade notes for all curbs (include coordinates for small radius curves)
ASSUMPTIONS
1. Control is recoverable.
\~FRONT/\D-DRIVE\PROJBCrS\980904I\CPrMAPPING.do~
Am
!
CITY OF DUBLIN
HACIENDA DRIVE IMPROVEMENTS
SUMMARY OF COSTS
Position Pre- Post Total Rate
Const. Const. Const. Hours $1hr Cost
Scott Contract Mgr: 8 40 8 56 125 $7,000
Cordoba PM/RE 24 220 40 284 125 $35,500
Davis Inspector 20 800 40 860 80 $68,800
Clerical Clerical 10 40 10 60 55 . $3,300
SUBTOTAL - Labor $114,600
Directs
Pick-Up Truck $700/month x 6 months
Cell Phone $100/month x 6 months
Field Office (includes fax, copier, phones ....etc.)
SUBTOTAL- Directs
$4,200
$6.00
$0
$4,800
SUBTOTAL - MK Centennial
$119,400
Construction Staking (Chaudhary & Associates)
5% Mark-up
SUBTOTAL - Construction' Staking
$17,956
$898
$18,854
10 % Contingency
$ 13,825
TOTAL
$152,080
CENTENNIAL '
(::ENTENNtAL ENGINEERING,
L:\projects\Hacienda\SumCosts .xls
KAILASH C. CHAUDHARY, P.E.
Registered Civil Engineer
Planner
CHAUDHARY & ASSOCIATES, INC.
Engineers · Surveyors " Planners · Inspectors
3272 VILLA LANE
NAP&CA 94558-3085 U.S.A.
PHONE: (707) 255-2729
FAX: (707) 255-5021
February 8, 2000
#00-02-015
CHAUDHARY & ASSOCIATES
To:
From:
Re:
COST PROPOSAL
CONSTRUCTION STAKING
Mr. Jim Scott, MK Centennial
Edward A. Krumrei, P.E.
Hacienda Drive / 1-580 Interchange Improvements Project
DIRECT LABOR
OFFICE PERSONNEL
Name
Edward A. Krum.rei
Richard Shekon
Elmo Massey
FIELD PERSONNEL
Name
Staff *
Staff *
Staff *
INDIRECT COSTS
Hourly
ClassificatiOn Rate Hours Total
Project Manager 48.00 2.0 ......................... $ 96.00
Prof. Land Surveyor 37.00 4.0 .........................$ 148.00
Office Surveyor 28.00 8.0 .........................$ 224.00
Total Bouts ......... i .................14.0
SUBTOTAL DIRECT LABOR (OldICE) .................... : .....................................$
Hourly
Classification Rate HoUrs Total
Party Chief 29.64 72.0 ................ L ........$ 2,134.08
Instrumentman 26.88 72.0 ......................... $ 1,935.36
Rodman 24.33 48.0 ......................... $ 1,167.84
Total Bouts .......................... 192.0
SUBTOTAL DIRECT LABOR (FIELD) ............................................ $
TOTAL DIRECT LABOR .............................................................. $
468.00
5,237.28
5,705.28
Overhead & Fringe Benefits: '186.12% x $5,705.28 ......................... : ........................................$ 10,618.67
SUBTOTAL BEFORE FEE ............................ . .................................$ 16,323.95
· FEE (10% X $16,323.95) ....................................................................................................... $ 1,632.40
TOTAL COST - CONSTRUCTION STAKING
$ 17,956.35
* Prevailing Wage Rates for Field Surveyors pursuant to' California
Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1
\\FRONTl\D-DRIVE~,PROJECTS\9809041\CP-MAPPING.d~
EXtIIBIT B
PAYMENT SCHEDULE
City shall pay Consultant on a time-and-material basis an amount not to exceed
the total sum of One Hundred Fifty-Two Thousand and Eighty Dollars ($152,080) for services to
be performed pursuant to this Agreement. Consultant shall submit invoices monthly until the
end of projeCt based on the cost for services performed in accordance with the cost estimate
included in proposal by MK Centennial, dated February 14, 2000.
The total sum stated above shall be the total which City shall pay for the services
to be rendered by Consultant pursu.ant 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 eventshall 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 fmished 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.
Exhibit B
Page 1 of 1
05/25/00
EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and
time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility which may involve incurring any direct expense,
including, but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit C
Page 1 of 1
05/25/00
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 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 tight to control the means by which
Consultant accomplishes services rendered pursuant .to this Agreement.
,
LICENSES: PERMITS; ETC. Consultant represents and warrants to City that he has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally required
for Consultant to practice his profession. Consultant. represents and warrants to City that
Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his profession.
TIME. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement.
INSURANCE REOUIREMENTS. 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:
(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:
(1)
General Liability: $1,000,000 combined single limit per occurrence for bodily
'injury, personal injury and property damage. If commercial General Liability
Exhibit D
Page 1 of 4
05/25/00
Insurance or other form with a general aggregate limit is used, either the general
aggregate limitshall apply separately to this proj ect/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. 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 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.
(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.
Exhibit D
Page 2 of 4
05/25/00
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City.
(3) Professional' Liability.
Consultant shall carry professional liability insurance in an amount 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, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
Acceptability oflnsurers. 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 have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City
to any obligation whatsoever.
ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant shall, immediately upon
receiving notice fTom City of such desire of City, cause the removal of such person or persons.
IExhibit D
Page 3 of 4
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8;
10.
11.
STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in which
Consultant practices his profession. All instruments of service of whatsoever nature which
Consultant delivers to Citypursuant 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'sprofession.
HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all
respon~sibility for the work, shall bear all. 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, its officers, officials, directors, employees and agents from and against any or all loss,
liability, expense, claim, costs (including costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising from the negligent performance of the work.
This paragraph shall not be construed to exempt the City, its employees and officers from its own
fraud, willful injury or violation of law whether willful or negligent. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a
construction contract. By execution of this Agreement Consultant acknowledges and agrees that
he has read and understands the provisions hereof and that this paragraph is a material element of
consideration.
Approval of the insurance contracts does not relieve the Consultant or subconsultants from
liability under this paragraph.
GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be fimded by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or other written documents or materials prepared by Consultant
pursuant to this Agreement shall become the property of City upon completion of the work to
be performed hereunder or upon termination of the Agreement. No such materials or properties'
produced in whole or in part under this Agreement shall be subject to private use, copyrights,
or patent rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose (as may be
limited by the provisions of the California Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Exhibit D
Page 4 of 4
05/25/00
~U'i~E: ~1
PLEASANTON, CALIFORNIA 94588
TEL:
FAX:
/
9 5 b,-soso
92~6d,5o64
A~. F~d~.md Dei Kos~o
C omia
94568
Subj'ece
Cons~cfion Man~ent Se~CeS::
Dear Verd,
i have revised the Mar~ 27i 200i Cons~Ction management budgetas pet our discussion, A copy Of the
updated ~0S~S ¢isae, a&.ed for your re~ Additional r~ days ocCurred after the last estimate that I sent
you,. this eS.~ate re~eces those additional days.
. A to~. of s~:thr~e additional days have been es~ted for the conS~Cfion comp!eti~, They are
Contract Ch~ge :Order: #3 10 Days
Contract Chmge.' Order '#:4 02 Days
Contract Change' Order ~5' 03 Days
iDays. 27Days
Di~e~orDa~ 21Days
The' a.tymched Spreadsheet indicates that an additionS. :$69,015 above .an.~d beyond thee O~al $i52,080 cost
is :required to comp:!ete the project This spreadSbeet shOwS expSditu~.~es through' Feb~ i3, 2001,
wMch w~ 'the i~ai.'Comp!etion date.~. The e~timate:to complete hcludes costs ass0Cia~d With a 63.-day
contract ension and ~en~ent'No. 1 for Si~ey' S~_klng: AIS0 cOnk~act b~ceS f0r.~or and the
con~cy m: taken into cOnSMeration,, as throe monies Were not:'co~letely spent A contin~
estimate of lO working days ~ added to the revised costs as peryo.ar re~est..
Please cOn~Ct me at!25i4341 if you requie my additionalinformati0n or woutd like more detailS, .
TraCey L. J~mes "
Director of Ci~ns~ction Services
MORRiSON KNUDSEN COMPAN
Ci~'OF 'DUBLIN
HACIENDA DRIVEIMPROVEMENTS
Ua'i~ch. 30, 2001
UPDATED CONS~RUPjTiO~ MANAGEMENT COSTS
Name
James
Scott
Davis
Clerical
SUB TOTAL - Labor
Expenditures to 2-13-01
Hours I Rate
27 125.00
188 125.00
932 80.00
32 55.00
Total
$3,375.00
$23,500.00
$74,560.00
$1,760.00
.$103,195.00
Contract
Balance
$11,405.00
Estimate to Complete
Hours I Ratel Total
36 125.00 $4,500.00
180 125.00 $22,500.00
544 80.00 $43,520.00
40 55.00 $2,200.00
$72,720.00
TOTAL TO
COMPLETE
$61,315.00
Directs
Pick-Up· Truck (3 Months)
Cell Phone (3 Months)
Field Office
SUBTOTAL - Directs
$4,200~00.
$600,00
$4,800.00
$o,o'0
$2,100.00
$300.00
$0.00
$2~400..00
$2,400.00
-,UBTOTAL -: MK centennial
$q 07.,995.00 $I q ,405,00
$75/I 20,00 $63,7t S;00
ConStructiOn' Staking - (ChaUdhary)
Amendmen~ No.1
5% MarksLip'
SUBTOTAL - ConStruction Staking
617,.966.oo.
'$898:;00
$18,854.o0
$o.oo
S9,5oo.oo
$9,975.o0 $9~975.o0
SUBTOTAL
.$73,690.00
10% ContingenCy
SUBTOTAL
-$13,82'5.00
$59'865,00
Contingency of e~imated IOw0rking day~
$9,160.oo
TOTAL TO COMPLETE
$69,0~i 5:00
'Sent
By: Chaudhany &Associates;
707 255 5021~ Man-8-01 14:09; Page I/t
CHAUDHARY & ASSOCIATES, INC.
Engineers · Surveyors
I ........ I
Revised Mar~h 8, 2001
March 1,200 ]
/~00-02-015(A)
Planners · nspectors
327~ VILLA LANE
NAPA, CA 94558-3085 U.S.A.
PHONE: (707) 255-2729
FAX: - (707) 255-5021
Ms. Traeey lames
MK Centennial
5000 Hopyard Road, Suite 100
Pleasanton, CA 94588
Dear Ms. James:
Subject:
kieada DrivedI-580 Interchange Impmvem~ts
City of Dublin
Your Agreement No. 2347.00-011
Amendment No. 1
Request for Additional Budget
Our Agreement for the abov~-referencegi proje~ has a budget of $18,000.00 for conswaction s~ddng. The
buclg~ was prepared based on certain infonnation being provided by the Designer, see our Scope of Services
daugt February 8, 2000, (copy attached). Items 1,
information had to be verified, ~is resulted in ~6 hours of addkional office time for calculations,
In addition, we budge~l 9 days of field lime for stoking. A lis~ of sties w be provided was also included
in our Scope of Services. To dam we have spent 12 days staking with one additional day anticipa~l for curb
stakes to finish. The additional field days were required to stake the following items which we~ not
anticipaled when we prepared the Scope:
ITEM
1. Coordination and adjustment to fit Developers
design to the north, created new "Z" line alignment.
2. Staged construction.
3: Slope stakes @' 10m inWrvals (Standard is 2Ore).
4. Topo spoils pile and cross-sections of original
ground for quantities.
Total
DAYS
7
We request your auhhorization for an additional budget of $9,500.00 w cover these costs. Pl~ise sign the
authorizaaon below and mail the original to us by March 9, 2001. Thank you.
Plea~ call me at (707) 255-2729 should you have any questions.
AMENDMENT No. 1
AUTHORIZED BY:
MK Cen~nnial
Tracey James Dau~
CITY OF DUBLIN
100 Civic Plaza, Dublin, California 94568
May7, 2001
Website: h~tpl//ww.w. ci.dul:;tin.ca. us
Mr. Patrick Cashman, Project Director
Alameda County Surplus Property Authority
224 W. Winton, Room 151
Haywad, CA 94544
Subject:
Request for Additional Funds for the I-580hrlacienda Drive Interchange
Improvements
Dear Pat:
The purpose of this letter is to request additional funds for the above referenced project.
As I had indicated to you in our April 24, 2001 meeting, we have incurred additional
costs in construction administration and construction due to weather delay, utility
relocation and several change orders (see attachments).. Also note that some prgject
management charges (Cordoba & ZEG) were not included in the previous budget.
The following outlines the projected cost to complete the project:
Original construction contract plus 10% contingency (RGW):
Design contract including amendments (HQE, Ine):
Original construction administration contract (MK Centennial):
Materials testing (Kleinfelder)
City staff salary:
Miscellaneous:
Total:
$1,220,455
$ 231,578
$ 152,080
$ '33,150
$ '10,000
$ 2,000
$1,649,253
Funds received June 1, 2000:
Funds received August 15, 2000:
Funds received October 31, 2000:
Total amount received to date:
$ 50,000
$1,450,338
$ 153,300
$.1,653,638
Remaining Balance: $1,653,638 - $1,649;253 =
Additional constraction administration funds to complete
the project (MR Centennial):
Additional construction funds required (RGW):
Previous project management charges (Cordoba & ZEG)
$ 4,385
($ 6%015)
($ 50,000)
($ 4,967)
Total additional funds requested:
($119,597)
Area Code (925) · City Manager 833-6650 '; City Council 833-6650 · Personnel 833-6,605 · Economic Development 833-6650
Finance 833-6640 · Public Works/Engineering 833-6630 · Parks & Community Services 833-6645 · Police 833-6670
Planning/Code Enforcement 833-6610 - Building Inspection 833-6620 · Fire Prevention Bureau 833-6606
Printed on Recycled Pape
Please send us a check in the amount of $119,597 or a County letter of assurance for the
additional funds needed. We anticipate completion of construction by mid-May, 200 l i
thus we need the funds as soon as possible, With the receipt of these funds, the 'County
will receive a Traffic Impact Fee credit of $1,773,235 for the construction of the
58 O/Hacienda Drive Interchange Improvement project.
If you have any questions regarding this request, please call me at (925) 833-6637.
Attachments
Copy: Lee Thompson
Fred Marsh
Gaylene Burkett
F~r~inand Det Rosado
Senior Civii Engineer
ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY.
SURPLUS PROPERTY AUTHORITY
Adolph Martinelli
Agency Director
May 14, 2001
Patrick Cashman
Project Director
224
Wes~ Winton Avenue
Room 151
Hayward
California
94544
phone
510.670.5400
~x
510.670.6529'
www.
co. alameda.ca.us/cda
Ferd Del Rosario
Sr. Civil Engineer
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
Sent Via Fax 925-833-6628 and U.S.Mail
WOSKS
Dear Ferd:
I have reviewed your May 7, 2001 letter addressed tome requesting $I 19,597 in
additional funds to complete the construction of the I580/Hacienda Interchange
Improvements and offer this letter as assurance that the County will provide the
requested funding, in the next few weeks.
Patrick Cashman
Project Director
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required):
Budget Transfers:
X
From Unappropriated Reserves
(If Other than General Fund, Fund No -
From New Revenues
DECREASE BUDGET ACCOUNT
Name:
AMOUN'F
Account #:
Name:
Account #:
From Budgeted Contingeaat Reserve (1080-799.000)
Within Same Department Activity
Between Departments (City Council Approval Required)
Other
INCREASE BUDGET ACCOUNT A MOUNT
Name: Expense $69,015.00
I-580/Hacienda Interchange Improvements
Contract Services
Account #: 300.96410.740.000
Name: Revenue
Reimbursement for 1-580/Hacienda Drive
Interchange Improvements
$69,015.00
Account #: 300-570-005
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
City Manager: Date:
Signature
ASD/Fin Mgr ( 212-'~ ~ Date:
Signature
REASON FOR BUDGET CHANGE ENTRY: MK Centennial's agreement is being amended to extend
construction management services for an extra 63 days and to include additional survey staking.
Mayor.: Date:
Posted By:
g.'e.grlmktbudget chg amendmet~t #1
Signature
Signature
Date: