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HomeMy WebLinkAboutItem 4.13 I-580/Hacienda MK CenCI'TY CLERK File # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 6, 2000 SUBJECT: Agreement with MK Centennial for Construction Management Services: 1-580/Hacienda Drive Interchange Improvement Project Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution approving the agreement with MK Centennial 2) Consultant Agreement 3) Alameda County Surplus Property Authority Approval of Funds RECOMMENDATION:/~~ Adopt Resolution approving the agreement with MK Centennial FINANCIAL STATEMENT: The Alameda County Surplus Property Authority has approved the funds to construct the Interchange Improvement project and will be given Traffic Impact Fee credit. These funds include construction management services to be provided by MK Centennial in an amount not to exceed $152,080. DESCRIPTION: The 1-580/Hacienda Drive InterChange Improvement project will provide access for development occurring in the Eastern Dublin area, specifically for the development located in the northwest quadrant of the interchange and will provide traffic mitigation improvements required by the Eastern Dublin development. The proposed work consists of widening the eastbound 1-580 off-ramp to provide an additional left-turn lane, widening the westbound 1-580 on-ramp to accommodate future ramp metering, and adding one southbound lane on Hacienda Drive. Caltrans has issued the appropriate encroachment permit to the City to build this project with the provision that the proposed freeway improvements will be constructed according to Caltrans' standards. The City is proposing to hire the firm of MK Centennial to manage the construction of the project, and to provide inspection duties and construction staking. MK Centennial is very familiar with Caltrans' construction procedures, having managed several Caltrans projects located in the Bay Area. The City has neither the in-house personnel, nor the Caltrans experience, to provide this construction oversight. Staff recommends that the city Council adopt the resolution approving the agreement with MK Centennial. COPIES TO: Erv Koenig, MK Centennial g:\engr\MK100~gstMK100 ConstrSvcs 580/Haciendalmprov ITEM NO. RESOLUTION NO. - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH MK CENTENNIAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE 1-580/HACIENDA DRIVE INTERCHANGE IMPROVEMENT PROJECT WHEREAS, the 1-580/Hacienda Drive Interchange Improvement project is planned to be constructed as part of the development process in Eastern Dublin; and WHEREAS, the City has prepared the necessary improvement plans and specifications for the project and has obtained the appropriate encroachment permit from Caltrans to construct the project; and WHEREAS, Caltrans requires the City to construct the project in accordance with Caltrans standards; and WHEREAS, the City desires to utilize the services of MK Centennial to manage the construction of the project and to provide inspection duties and construction staking, all in accordance with Caltrans standards; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement with MK Centennial for construction management services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 6th of June, 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:\engrkresoMKCentennial STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, Califomia, 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. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be iubcontracted without written authorization by the City, except that which is expressly identified in ~he 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 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City". Attest: City Clerk By "Consultant"-- Approved as to form: City Attorney Agreement Page 2 of 2 05/25/00 EXHIBIT 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 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 ' EO£1VED PUbLIc OeK8 Re: Construction Management Services 1-580/FIacienda 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 1-580/I-Iacienda Drive Improvements project as you requested. The proposalincludes 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 feel free to contactme if you have any questions on the revisions or the orig/nal proposal. I can be reached at (925) 460-5050 ext. 303. Sincerely, ~DT;2~'r' o~f-~onst~tion Enclosures L: ~PROJF~'Yt*S'&Ia~i~ daXl~-t~-rs',,OO2.wtx:i (~) A 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. .~ o CONSTRUCTION PHASE/CONTRACT ADMINISTRATION ASministration - CONSULTANT shall perform construction administration activities, including correspondence and document control. Provide complete support services for field personnel, /'ncluding 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 telephones; 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-bMR 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 worhng 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 quantifies 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:IMY DOCUMENTSIBD INFOIDUBLIN\SCOPE.WPD A- ] Exhibit A - Scope of Services Hacienda Drive Improvements Construction Engineering and Inspection Services CiW 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. Cla/ms 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, photo~aphs, 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 fmal 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 provSde and coordinate construction staking as per Construction Staking Scope of Services (page A'4) C:~JCW DOC~SX, BD INFO~DUBL1N~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 w/th City's materials testing firm in accordance with Caltrans procedures for all prOject items. · Coordinate the activities of testing laboratories, surveyors and inspectors, representatives from utility compaaies and the administration of ali project permits and utility relocations. · Coordinate with local residents, proprietors, railroad and landowners to mirfimize 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 ali certificates of inspections and tests. · Provide final inspection and punch list. · Collect and furnish as-built information to the designer for preparation of as-built 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; · Comprehensive Project Records (per Caltrans Requirements). C:\MY DOCUMENTSkBD INFO\DuBL1NXSCOPE.WPD A-3 KAILASH C. CHAUDHARY, RE. Registtr~ 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 CHAUDItARY & ASSOCIATES To: From: Re: SCOPE OF SERVICES CONSTRUCTION STAKING Mr. Jim Scott, MK Centennial Edward A. Krumrei, P.E. Hacienda Drive / i-580 Interchange Improvements Project ITEM 1. Atiend Pre,Construction Meeting 2. Office Preparation 3. Atignmem Stakes (@10m) 4. Wall LOL (@ 10m 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 i6.0 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) LNFORMATION PROVIDED BY HOE: 1. AIi~mxments with coordinates: H, HR3, HL3, RWLOL 2. Full-scale plans 3. Full scale design cross-sections 4. Slope stake notes 5. Wail footing dimensions (step to step) 6. Final grade notes for all curbs (include coordinates for small radius curves) AS~ONS 1. Control is recoverable. \\FRONTI \D-DKIVE~PROJ F--CTS\g80904 P. CP-MAPPI NG. doc ' CITY OF DUBLIN HACIENDA DRIVE IMPROVEMENTs PROPOSAL ASSUMPTIONS: 100 Working day construction contract City to provide contingency allowance for delays, City directed extra work and changes City staff will perform Plant Establishment inspection City will provide materials testing under se parate contract City will perform advertising, bidding and response to bid inquiries CITY OF DUBLIN HACIENDA DRIVE IMPROVEMENTS SUMMARY OF COSTS Position Pre- Post Total Rate Const. Cost Const. Const. Hours S/hr 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 SUBTOTAL - MK Centennial Construction Staking (Chaudhary & Associates) 5% Mark-up SUBTOTAL - Construction Staking 10 % Contingency TOTAL $4,200 $.600 $0 $4,80O $119,400 $17,956 $898 $18,854 13,825 $152,080 IMK CENTENNIAL C E I'~,Fi"ENN I AL ENGINEERING, L:~projects\Hacienda\S umCosts.xts KAILASH C. CHAUDHARY, RE. Regis~trtd 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 CHAUDHA.RY & 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 Nm-ne Edward A. K_nmarei Richard Shehon Elmo Massey FIELD PERSONNEL Name Staff * Staff * Staff * LNrl)IRECT 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._.Q ......................... $ 224.00 Total tt0urs ........................... 14.0 SUBTOTAL DIRECT LABOR (OFFICE) .......................................................... $ Hourly Classification Rate Hours Total Party Chief 29.64 72.0 ................ i ...... :.$ 2,134.08 Instrumentman 26.88 72.0 ......................... $ 1,935.36 Rodman 24.33 48.0 ......................... $ 1.167.84 Total Hours .......................... 192.0 STIBTOTAL DIRECT LABOR (FIELD) ............................................ $ TOTAL DIRECT LABOR .............................................................. $ 468.00 5.237.28 5,705.28 Overhead & Fringe Benefits: i86.12%, 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 I7.956.35 * Prevailing Wage Rates for Field Surveyors pursuant to' California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.t \\FRONTI \D-DRIVEkPROJ F~.CTS\g809~4 I\CP-MAPPI NG .doc EXHIBIT 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 pursuant to this Agreement. City shall not pay any additional sm 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. 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 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 i.n 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. o 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. o 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 Score of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) coveting 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 Califorrfia 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 Co Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and EmployerS Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-InsUred Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. 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 volunteei-s are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed, operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its 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 O5/25/0O The insurer shall agree to waive all fights 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. Eo Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. F4 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 from City of such desire of City, cause the removal of such person or persons. Exhibit D Page 3 of 4 05/25/00 o 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 City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any 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. T° the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have umestricted 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 AIJAMEDA COUNTY BOARD OF SUPERVISORS ** MINUTE ORDER ** Approved as Recommended I~ Other r-I Unanimous ["'] Carson l"""1 Haggerty i""] King r-l' Steele i~] Chart [] - 3 Vote Key: A=Yes; N=No; AB=Abstain; 'X=Excused Documents accompanying this matter: [~] Resolution(s) ~ Ordinance(s) [~] Contract(s} File No. 14585 Item No, 20 Copies sent to.' Pat Cashman Special Notes: I certify that The foregoing is a correct copy of a Minute Order adopted by the Board of Supervi.sors, Alameda County, State of California. ATTEST: LESLIE BURNS, Assistant Clerk Board of Supervisors Deputy Surplus Pr~ Commission Pa~e 2 FINAN(~tAL IMPACT: 'Funds for this expenditure are available in Fund 28, Department 1~14, established to pay for surplus property, development. Them will be no impacts to the County General Fund. Community Development Direxmor u.~. Sir~h Frank Chart Pat Cashman ALAb~DA COUNTY COMITY DEVELOPMENT AGEN'C~ $ U R P LU.~ PROPERTY AUTHORITY Adolph Martinelli Patrick Cashman pn:~.ct O(rector 224 W~,.~t Winton Avenue Room 1 )0 Haywarcl C~lifornia 94544-1:)15 phone s 1 o. 670.53)3 ~ ~ O. 6?0.63?4 AGENDA~.~Apr[I 2~, 1999 April 10.2000 Surplus Property Authority commission Administration Building Oakland, CA 94612 Dear Commlssi°nerss: SUB'CT: Authorization of Relmb~sable TIF Improvements Payment to the City of Dublin P-~CO~NDATiON: That your Board, sitting as ~he Commission of the Surplus Property Authority of Alameda County, authorize the expenditure of up to $1,529,961 in TIF ReimbUrSable Payments from Surplus' Pr~erW Authority development funds to pay for the City of Dublin's expenses relating to design and construction of various planned improvements to the Santa Rita Property, including thc Hacienda DrivefI-580 interchange adjacent to thc Santa Rita property. S~/DISCUSSIO~: Thc Surplus Property Authority has enmred into Development Agr~ments with the City of Dublin in conjunction with each of the twelve developments that arc underway in thc Emerald Park development. A major element of each of those Development Agreements are the provisions for the financ'mg and construction of the needed roadways. Typically, the Authority takes the responsibility for the funding and construction of the required roads and the City agrees that the Authority's costs can be reimbursed through Traffic Impact Fee(TIF) Credits, earned as a result of building the required roads. Tn a fcw cases, such as the improvements to the adjacent freeway interchanges at Tassajara Rd. and Hacienda Drive, it is necessary that the design and construction work be done directly by the City. In those cases, the Development Agreements call for the Authorlty to fund thc City's costs and to receive a TraflS¢ Impact F¢¢ Credit. The funding authorization of $1,529,961 asked for at this time is W pay the City of Dublin its costs to improve the freeway on ramp at I-S80 and Hacienda Drive and its costs to review the plans and inspect the construction of various other TIF road knprovements being improved by the .Authority. All of these funds paid to the City will reimbursable to the Authority through TIF C~/its.