HomeMy WebLinkAbout4.04 - 1251 Bellecci & Associates Amendment
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STAFF REPORT
CITY COUNCIL
DATE: December 20, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment No. 2 to Consulting Services Agreement with Bellecci &
Associates, Inc. for the Dublin Boulevard Improvements Project - Sierra
Court/Civic Plaza to Dublin Court, Project No. ST1012
Prepared by: Michael Boitnott, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approval of an amendment to the agreement with Belle cci
& Associates to extend the agreement term for design and right -of-way acquisition
services on the project, Dublin Boulevard Improvements – Sierra Court/Civic Plaza to
Dublin Court (CIP No. ST1012).
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment No. 2 to the Agreement with Bellecci &
Associates, Inc. to Provide Consulting Services for the Dublin Boulevard Improvements
- Sierra Court/Civic Plaza to Dublin Court, Project No. ST1012.
FINANCIAL IMPACT:
None. The amendment does not change the total compensation with the agreement.
DESCRIPTION:
On February 7, 2012, the City of Dublin entered into an Agreement with Bellecci &
Associates, Inc. to perform preliminary engineering services for the Dublin Boulevard
Improvement project from Sierra Court/Civic Plaza to Dublin Court under CIP No.
ST1012. The City and Bellecci then agreed to amend the project scope on June 18,
2013 to include completing the 95% design package, the design of the Rule 20A
Undergrounding project and the acquisition of necessary right-of-way for the proposed
project.
The overall improvements to Dublin Boulevard between Sierra Court/Civic Plaza and
Dublin Court includes: undergrounding of overhead utilities, relocation of a Dublin San
Ramon Service District sanitary sewer lift station; widening of travel lanes from five to
six lanes; construction of bicycle lanes; new curb and gutter, driveway approaches, and
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sidewalks, modification to two traffic signals; reconfiguration of the Dublin Sports
Grounds parking lot; enhancement of street landscaping, and right-of-way acquisition to
accommodate the project improvements.
Currently, the Public Works Department has completed the plans and specifications for
the Rule 20A Undergrounding Utility District 2013 -1 project “Sierra Court to Dublin
Court”, and are awaiting approval from the respective utility companies prior to soliciting
bids for the project. City staff and the consultant have been coordinating closely with
DSRSD and the utility companies on the project and this coor dination has taken more
time than originally estimated prior to the first amendment to the consultant services
agreement.
In order to proceed with the project, the current agreement with Bellecci & Associates
needs a second amendment. The amendment includes extending the term of the
agreement to June 30, 2018. The amendment will also revise the invoicing terms and
conflict of interest language to be consistent with the revised City’s Contract Services
Policy.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Copy of Staff Report was sent to Bellecci & Associates.
ATTACHMENTS:
1. Resolution Approving Amendment No. 2 to the Agreement with Bellecci &
Associates, Inc.
2. Exhibit A to the Resolution - Amendment No. 2 to Agreement
3. Consulting Services Agreement with Bellecci Associates, Inc.
4. Amendment No. 1 to the Agreement with Bellecci & Associates, Inc.
RESOLUTION NO. - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AMENDMENT NO. 2 TO THE AGREEMENT WITH BELLECCI & ASSOCIATES,
INC. TO PROVIDE CONSULTING SERVICES FOR THE DUBLIN BOULEVARD
IMPROVEMENTS - SIERRA COURT/CIVIC PLAZA TO DUBLIN COURT – CIP NO. ST1012
WHEREAS, on February 7, 2012, the City of Dublin entered into an Agreement with
Bellecci & Associates, Inc. to perform preliminary engineering services for the Dublin Boulevard
Improvement project from Sierra Court/Civic Plaza to Dublin Court under CIP No. ST1012; and
WHEREAS, on June 18, 2013, the City Council of the City of Dublin adopted the project
Mitigated Negative Declaration and approved the preliminary engineering plans for the D ublin
Boulevard Improvements project from Sierra Court/Civic Plaza to Dublin Court, and
WHEREAS, on October 15, 2013, the parties entered into Amendment No. 1 expanding
the scope to include completion of the 95% design package, design for the Rule 20A
Undergrounding project, and acquisition of necessary right -of-way for the proposed project; and
WHEREAS, the City desires to amend Bellecci & Associates’ existing Agreement to
complete the abovementioned tasks.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the Amendment No.2 to the Agreement with Bellecci & Associates, Inc.,
attached hereto as Exhibit A, for the Dublin Boulevard Improvements – Sierra Court/Civic Plaza
to Dublin Court (CIP No. ST1012).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute
Amendment No. 2 to the Agreement.
PASSED, APPROVED AND ADOPTED this 20th day of December, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
Exhibit A
Amendment #2 To Consultant Services Agreement between
City of Dublin and Bellecci & Associates
EXHIBIT A
AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND BELLECCI & ASSOCIATES FOR THE DUBLIN
BOULEVARD IMPROVEMENTS - SIERRA COURT/CIVIC PLAZA TO DUBLIN
COURT – CIP NO. ST1012
WHEREAS, on February 7, 2012, the City of Dublin (hereinafter referred
to as "CITY") and BELLECCI & ASSOCIATES (hereinafter referred to as
"CONSULTANT") entered into a Consulting Services Agreement to perform preliminary
engineering services for the Dublin Boulevard Improvements project from Sierra
Court/Civic Plaza to Dublin Court (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, on October 15, 2013, the CITY and CONSULTANT entered
into Amendment No. 1 expanding the scope to include completion of the 95% design
package, design for the Rule 20A Undergrounding project, and acquisition of necessary
right-of-way for the proposed project; and
WHEREAS, on December 20, 2016 the CITY and CONSULTANT now
wish to amend the Agreement to extend the term of the agreement, amend invoicing
terms and to amend conflict of interest language.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 Term of Services shall be rescinded in its entirety and replaced with
the following:
1.1 Term of Services. The term of this Agreement shall begin on the date
first noted above and shall end on June 30, 2018, the date of completion
specified in Exhibit A, and Consultant shall complete the work described in
Exhibit A prior to that date, unless the term of the Agreement is otherwise
terminated or extended, as provided for in Section 8. The time provided to
Consultant to complete the services required by this Agreement shall not
affect the City’s right to terminate the Agreement, as provided for in
Section 8.
2) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the
following:
2.1 Invoices. Consultant shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services
performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Contract shall be more than 2,000
Exhibit A
Amendment #2 To Consultant Services Agreement between
City of Dublin and Bellecci & Associates
hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for
the first invoice, etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be
submitted showing the following:
o Daily logs of total hours worked by each individual
performing work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also
be logged by project assignment
o A brief description of the work, and each reimbursable
expense
A Task Summary containing the original contract amount, the
amount of prior billings, the total due this period, the balance
available under the Agreement, and the percentage of completion;
The total number of hours of work performed under the Agreement
by Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder, as well as a separate
notice when the total number of hours of work by Consultant and
any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
The Consultant’s signature.
3) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced
with the following:
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless
of location, would place Consultant in a “conflict of interest,” as that term is
defined in the Political Reform Act, codified at California Government
Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed
pursuant to this Agreement. No officer or employee of City shall have any
financial interest in this Agreement that would violate California
Government Code Sections 1090 et seq.
Exhibit A
Amendment #2 To Consultant Services Agreement between
City of Dublin and Bellecci & Associates
Consultant hereby warrants that it is not now, nor has it been in the
previous twelve (12) months, an employee, agent, appointee, or official of
the City. If Consultant was an employee, agent, appointee, or official of
the City in the previous twelve months, Consultant warrants that it did not
participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of Government
Code §1090 et.seq., the entire Agreement is void and Consultant will not
be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be
required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of
California.
Principals and those performing work for City of Dublin may be required to
submit a California Fair Political Practices Commission (FPPC) Form 700:
Statement of Economic Interests documenting potential financial conflicts
of interest. For additional information, proposers should refer to the FPPC
website at www.fppc.ca.gov/index.php?id=500.
4) Except to the extent inconsistent with this Second Amendment, the Parties ratify
and confirm all of the terms and conditions of the AGREEMENT.
Exhibit A
Amendment #2 To Consultant Services Agreement between
City of Dublin and Bellecci & Associates
IN WITNESS WHEREOF, the parties hereto have caused this Second
Amendment to be executed as of the date and year first above written.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
BELLECCI & ASSOCIATES
Dated: By: _____________________________
Frank Bellecci, Principal in Charge
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
BELLECCI & ASSOCIATES, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City") and
Bellecci & Associates, Inc. ( "Consultant ") as of February 7, 2012.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 2013, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as provided for in Section 8.
1.2 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 its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first -class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of 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 reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to
this Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed TWO
HUNDRED SIX THOUSANS, FORTY -SIX DOLLARS AND NO CENTS ($206,046.00), notwithstanding
any contrary indications that may be contained in Consultant's proposal, for services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and
Consultant's proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 1 of 16
specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
• The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. 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.
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 2 of 16
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall
not exceed ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00).
Expenses not listed are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
Consulting Services Agreement between February 7, 2012
City of Dublin and Beliecci & Associates, Inc. -- Exhibit B Page 3 of 16
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self- insurance program to meet those requirements, but only if
the program of self - insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self - insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self- insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and
non -owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or 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.
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 4 of 16
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ( "any auto "). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
C. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self- insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self - insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 5 of 16
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than ANIL
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. 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 City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 6 of 16
of such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self- Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self- insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self - insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self- insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required
by this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and /or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, and volunteers from and against any and all losses, liability, claims, suits, actions, damages,
and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or
any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part,
by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or
agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The
foregoing obligation of Consultant shall not apply to the extent (1) the injury, loss of life, damage to
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 7 of 16
property, or violation of law arises from the negligence or willful misconduct of the City or its officers,
employees, agents, or volunteers or (2) the actions of Consultant or its employees, subcontractor, or
agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set
forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and
endorsements required under this Agreement does not relieve Consultant from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to
any such damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and /or employee contributions for PERS benefits.
6.2 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.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 8 of 16
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 9 of 16
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 10 of 16
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00),
the Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 11 of 16
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal
or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 etseq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group,
or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Gary Huisingh,
Public Works Director ( "Contract Administrator "). All correspondence shall be directed to
or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Frank C. Bellecci, President
Bellecci & Associates, Inc.
2290 Diamond Boulevard, Suite 100
Concord, CA 94520
Any written notice to City shall be sent to:
Gary Huisingh, Director
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 12 of 16
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped /sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp /seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
EXP. s -30-13
No. 34335
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 13 of 16
CITY OF DUBLIN
oni L. Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
Joel akker, City Attorney
Consulting Services Agreement between
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B
BELLECCI & ASSOCIATES, INC.
LZ
rank C. Bellecci, President
February 7, 2012
Page 14 of 16
EXHIBIT A
SCOPE OF SERVICES
To perform civil engineering, land surveying services, environmental services, and landscape
architecture as delineated in the attached proposal dated November 16, 2011, for the Dublin Boulevard
Widening Project (Sierra Court/Civic Plaza to Dublin Court).
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 15 of 16
EXHIBIT A
DUBLIN BOULEVARD WIDENING PROJECT
(SIERRA CT. /CIVIC PLAZA TO DUBLIN CT.)
November 16, 2011
The City of Dublin ( "CITY ") is retaining Bellecci & Associates, Inc ( "CONSULTANT ") to
perform civil engineering, land surveying services, environmental services, and landscape
architecture for the Dublin Boulevard Widening Project (Sierra Ct. /Civic Plaza to Dublin Ct.)
( "PROJECT "). The scope of work in described in more detail below.
SCOPE OF WORK (PHASE 1 DESIGN SERVICES)
Bellecci & Associates will manage the design process of the multi - disciplined team from the
project inception through to the preliminary design approval.
The Phase 1 Design Team will include the following Design Professionals:
• Land Surveyors
• Civil Engineers
• Landscape Architects
• Environmental Planners
Project Coordination Meetings (Bellecci)
Bellecci & Associates
Bellecci & Associates
Royston Hanamoto Alley and Abey (RHAA)
Atkins
Bellecci will attend meetings with City staff for the coordination of the project. The meetings
shall include:
• One (1) project kick -off meeting with City and project stakeholders
• Two (2) design review meetings with Public Works staff
• One (1) pre- outreach coordination meeting
Deliverable: None
Right of Way Research, Data Collection and Mapping (Bellecci)
A Right of Way (ROW) base map will be prepared depicting the ROW and the record
ownership along Dublin Boulevard as well as extending up Sierra Ct, Civic Plaza, and Dublin
Ct. The ROW base map will all depict all areas to be acquired. This map will be the basis for
all ROW acquisition exhibits.
Deliverable: Electronic PDF copy of the right of way base map
i
Topographic Survey and Mapping (Bellecci)
Design level topographic survey mapping will commence as the first order of work. This
mapping will become the basis for all planning and proposed design activities. Particular
detail will be given to defining the existing conditions along both the northerly and southerly
right of way lines of Dublin Boulevard
The topographic survey will include the physical features within the project area including the
entirety of the Dublin Sports Grounds parking lot. Aerial mapping will include, but not be
limited to:
a. Curbs, gutters, and sidewalks.
b. Signing and striping.
c. Sewer manhole rim elevations.
d. Storm drain manhole rim elevations, pipe inverts at manhole, pipe diameters drain
inlets bottom, drain inlets pipe inverts, catch basin grate elevations and storm drain
lines.
e. Water valve boxes, meter boxes, anode boxes, fire hydrants and water lines.
f. Gas valve boxes and gas lines.
g. Traffic signal boxes, street light boxes, utility vaults, electrical poles, loop detectors,
traffic sign posts, street lights, and electrical lines.
h. Cable TV boxes, cable TV lines, telephone poles and telephone lines.
i. Street monuments.
j. Curb and gutter with spot elevations, sidewalks, driveways, trees, and fences.
k. Street furniture and bus stops.
1. Utility poles and guy wires.
m. Locations for overhead connections to existing buildings.
n. Other significant improvements not listed.
All mapping will be prepared at a scale of 1 " =20' with a P contour interval. A color digital
orthographic photograph will be included for use throughout the project planning and design
process.
Deliverable: Electronic PDF copy of the topographic survey and an electronic copy of the
orthographic photograph
Environmental Services (Atkins)
CEOA Documentation
Based on our knowledge of the project and the project area, the widening of Dublin
Boulevard would likely require the completion of a CEQA Initial Study (IS) followed by
adoption of a Mitigated Negative Declaration (MND) by the City acting as the CEQA Lead
Agency. An Environmental Impact Report (EIR) is not anticipated or included in this scope.
The widening project would occur in a built out urban area for a relatively short length of
roadway. All potential project impacts would be mitigated to a less- than - significant level with
the adoption of standard mitigation measures.
Atkins will prepare an administrative draft IS according to current State CEQA Guidelines
and appropriate City environmental regulations and standards. The IS will include a full
project description, graphics as necessary, a full description of potential project impacts per
topic, and achievable measures to mitigate all project impacts.
One administrative draft IS /MND will be prepared by Atkins for review by the City. Atkins
will respond to one set of consolidated comments in the preparation of a screencheck draft
IS/MND. The screencheck draft IS/MND will then be revised per City comments and the final
IS /MND will be reproduced for circulation to the public. Following public review of the
IS/MND, Atkins will summarize and respond to public comments received on the document
in anticipation of approval by the City.
Deliverable: CEQA Initial Study (IS) and Mitigated Negative Declaration (MND)
NEPA Documentation (Optional, if Needed)
If the City pursues federal funding for the widening project, the project would be subject to
federal environmental regulations such as the National Environmental Policy Act (NEPA).
Compliance with these regulations would be handled through the Caltrans District 4 Office of
Local Assistance. The Caltrans District 4 Office of Local Assistance will act as the NEPA
Lead Agency for the project as delegated by the Federal Highway Administration (FHWA).
To initiate the Local Assistance process, Atkins will review project materials, conduct a
preliminary field review, and review available information in order to complete a Draft
Preliminary Environmental Study (PES) Form (with supporting documentation) per the
current Caltrans Standard Environmental Reference (SER). The draft PES Form will include a
determination of the technical studies, permits, and environmental documentation required for
the project. Following review by the City, Atkins will revise and finalize the PES Form for
City submittal to the Caltrans District Local Assistance Engineer (DLAE). Atkins will then
revise the PES Form in response to Caltrans comments, if any. As part of the approval of the
PES Form by Caltrans, Atkins will participate in a second site visit with the City and Caltrans,
to be scheduled by the City.
The Caltrans- approved PES form will determine the types of technical reports and NEPA
documentation required for this project. Atkins anticipates that the widening project would
qualify for a NEPA Categorical Exclusion (CE) under 23 CFR Section 771.117 (d). No
Caltrans- required technical reports are anticipated or included in this scope since the project
would be constructed in a built -up urban area with few existing natural resources. A records
search of the Northwest Information Center at Sonoma State may be required to confirm that
no historic resources are present; however full Section 106 documentation is not anticipated.
In addition, technical memoranda may be required by Caltrans to document potential
construction- related effects on air quality, water quality, noise, etc. but are not included in this
scope.
Deliverable: NEPA Categorical Exclusion (CE)
Utility Research & Coordination ( Bellecci)
Bellecci will coordinate with owners of the utilities (including City owned facilities) in the
project areas to obtain copies of their utility base maps. The utility information will be added
to the topographic base map.
5�10ZL�=L mi-
In addition we will inventory and catalogue each and every utility along the route. This
inventory and catalogue approach, when performed comprehensively early in the project
topographic mapping stage, enables us to track the status of all utility facilities and responses
from the appropriate jurisdiction.
Deliverable: Electronic copy of correspondence with the utility companies and a PDF copy of
the utility inventory catalog
Preliminary Design Plans and Estimates (Bellecci & RHAA)
We will prepare three different alternatives of the preliminary design plans for the project.
The purpose of the preliminary design is to provide a roadway design analysis for several
alternatives showing the viable roadway cross sections and depicting methodologies to
address the City's stated goals. Bellecci will provide typical street sections for City review,
based on layout ideas provided by Bellecci and RHAA. Team members will review possible
strategies to accommodate the goals of a Complete Street project. These include, but are not
necessarily limited to:
• 1 F thru lanes
• Class 2 Bike Lane along both the north and south sides of the roadway.
• Class I Bike Way along the south side and with the Dublin Sports Grounds parking lot.
• In conjunction with the Class I Bike Way, a separate 12' wide pedestrian and bicycle
bridge across the ACFC parcel thereby not impacting the creek resulting in no
extension of the headwall and associated pipe.
• Opportunities for enhanced bus turnout and bus stop.
• Opportunities for street furniture.
• Opportunities for unifying the corridor with repetitive design elements.
• Curb ramp improvements for ADA compliance issues.
• Parking lot modifications.
RHAA will work in conjunction with Bellecci to prepare Preliminary Design Plans for
landscaping that are in harmony with the proposed roadway widening project. In association
with the landscaping design, we will work with the City to prepare a plan to coordinate site
furnishings with the landscaping and lighting all in keeping with the Complete Street design
philosophy.
Deliverable: I bond and electronic PDF copy of each option and a technical memorandum
discussing the options along with probable costs of construction for each option
Agency Coordination (Bellecci)
Bellecci will coordinate with the transit agencies to discuss the potential impacts that the
widening project may have to their bus stops within the project limits. We will work with the
transit agencies to develop ideas for the existing bus stops that will be reflected on the
preliminary plans.
� ='4-5:J QL110M
We will also contact Alameda County Flood Control (ACFC) to discuss the preliminary plans
and the options of either extending the existing box culvert or spanning the channel with a
prefabricated bridge. The results of our discussions will be reflected on the preliminary plans.
In addition we will meet and review the three preliminary design alternatives with the
Department of the Interior (DOI) to get their input, to discuss the impacts to the park and to
obtain the DOI requirements for doing any work in the park.
Deliverable: Correspondence with the agencies and meeting minutes from any meetings
Public Outreach Meeting (Bellecci & RHAA)
We will conduct a public outreach meeting with the stakeholders for the Dublin Boulevard
Widening Project. We assume the City will be sending out all meeting notifications to the
stake holders and that the meeting will be held in the evening at a City owned facility. The
meeting will present the approved design alternative and get public feedback on the project.
We will explain the existing conditions and constraints and the proposed design elements.
Deliverable: A summary of comments from the stakeholder meeting
Property Owner Coordination (Bellecci)
During the preliminary design phase we will coordinate with the impacted property owners to
inform them of the proposed Dublin Boulevard widening and to get any initial feedback
regarding the project.
Deliverable: A summary of comments from the property owners
Rule 20A Underground District Formation (Bellecci)
Bellecci will assist and advise the City on the formation of the Rule 20A Underground Utility
District. As part of the work we will prepare exhibits and attend meetings with the utility
companies.
In addition we will prepare a plat map and legal description showing the boundary for the
proposed Underground Utility District (UUD). The narrative legal description will be
prepared in a format which describes the UUD by listing all of the parcels contained within
the UUD along with the roadways contained within the UUD.
The legal description will be stamped by a California Licensed Land Surveyor.
Deliverable: An electronic PDF copy of the underground district map and legal description
EXHIBIT B
COMPENSATION SCHEDULE
The term of the agreement shall be for a period ending June 2013.
Compensation shall be paid per the attached Fee Schedule.
City shall pay Consultant on a time - and - materials basis in an amount not to exceed the total sum
of Two Hundred Six Thousand Forty -Six Dollars and No Cents ($206,046.00) for services to be performed
pursuant to this Agreement. Consultant shall submit invoices at the end of each specific project or as
agreed between Consultant and City regarding each specific project, based on the cost for services
performed.
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.
Consulting Services Agreement between February 7, 2012
City of Dublin and Bellecci & Associates, Inc. -- Exhibit B Page 16 of 16
EXHIBIT "A" OF RESOLUTION 170 -13
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND BELLECCI & ASSOCIATES, INC.
FOR CONSULTING SERVICES
WHEREAS, the City of Dublin entered into an Agreement with Bellecci &
Associates, Inc. on February 7, 2012 to perform preliminary engineering services for the Dublin
Boulevard Improvements project from Sierra Court/Civic Plaza to Dublin Court under CIP No.
960026; and
WHEREAS, the Scope of Work is proposed to be expanded to include the
completion of the 95% design submittal package for the Dublin Boulevard Improvements
project, design of the Rule 20A Undergrounding project, and acquisition of the necessary right -
of -way to get the project ready for construction; and the not -to- exceed contract amount is
proposed to be increased $273,227; and
WHEREAS, the City of Dublin desires to extend the term of the Agreement to end
December 31, 2016;
NOW, THEREFORE, the parties hereto agree as follows:
Scope of Work
Scope of Work shall be modified to include additional scope of work as described in
Consultant's letter dated September 12, 2013 (attached).
Not -To- Exceed
The total cost for time - and - materials work under this amendment shall not exceed an
additional $273,227 based on the attached cost breakdown.
Term of Services
The term of the agreement shall be extended to end December 31, 2016.
ATT T:
City Clerk
CITY OF DUBLIN
T�
ni Pattillo, City Manager
B LECCI & ASSO IATES, INC.
Frank Bellecci, President
Date: /U _01- ZO l 3
C:\ Users \Bob\AppDataUncal \Microsoft \Windows \Tenywruy Intemel Filcs \Content .Outlook \7UEE3RZS \Exhibit A - Amendment m Agnrt 10- t5- 2013.doc
September 12, 2013
Mr. Perd Del Rosario, P.E.
City of Dublin
Public Works Department
100 Civic Plaza
Dublin, CA 94568
Regarding: Contract Amendment for the Dublin Boulevard Widening and Rule 20A Underground
Project
Dear Ferd:
Bellecci & Associates appreciates the opportunity to continue working With the City of Dublin. Per
our discussions, Bellecci & Associates Inc. and our subconsultants propose to provide engineering,
surveying and property acquisition design services to the City of Dublin for the for the Dublin
Boulevard Widening and Rule 20A Undergrounding Project.
Attached for your review is our proposed additional scope of services for the design of the Dublin
Boulevard widening plans, specifications and estimate (PS &E) to the 95% design submittal stage
(final design is subject to finding availability). The scope of services also includes property
acquisition services and the preparation of the Rule 20 Underground Project PS &E through the bid
stage. Also attached for your review is a copy of our proposed budget to do the work Slid a
preliminary schedule for the project.
We are looking forward to continue working with you oil the Dublin Boulevard Widening Project.
If you have any questions, feel free to call nue at 925 - 6854569.
Sincerely,
BELLECCI & ASSOCIATES, INC
fW 61JO -e v
Robed Broestl, PE
Senior Project Manager
CONCORD PLEASANTON BRENTWOOD
2290 Diamond BNd. Suite soo 66os Koll Center Parkway, Suite 24o 181 Sand Creek Road, Ste.H
Concord, CA94520-S744 Pleasanton, CA 94566 -3sr7 Brentwood, CA 94513.2213 CMIEnglneering Land Surveying
Tel.975.685.4S63 Te1.925.60s.4885 ge5.68a.488s
�Beflecci & Associates, inc.
Civil Enalnoorina • I.nnd Plannino • Land SurvoYing
EXHIBIT A
DUBLIN BOULEVARD WIDENING PROJECT
AND RULE 20A UTILITY UNDERGROUND PROJECT
(SIERRA CTJCIVIC PLAZA TO DUBLIN CT.)
September 12, 2013
The City of Dublin ( "CITY ") is retaining Belleeci & Associates, Inc C "CONSULTANT ") to
perform civil engineering and land surveying services for the Dublin Boulevard Widening
and Rule 20A Utility Undergrounding Project (Sierra Ct, /Civic Plaza to Dublin Ct.)
("PROJECT "), The scope of work in described in more detail below.
SCOPE Or WORK (PHASE 2 DESIGN SERVICES)
The Phase 2 Design Team will include the following Design Professionals:
• Land Surveyors
• Civil Engineers
• Landscape Architects
• Traffic Enghieer
• Geotechnical Engineer
• Structural Engineer
• Appraiser
• Real Estate Services
Bellecci & Associates
Bellecci & Associates
Royston Itanamoto Alley and Abey (RHAA)
TJKM
Purcell Rhoades
Duquette Engineering
Valbridge Properly Advisors
Owen Poole
Project Coordination and Meetings (Bellecci)
Bellecci & Associates will manage the design Process of the multi- disciplined team and will
provide the overall project coordination for the Dublin Boulevard Widening and Rule 20A
Utility Undergrounding Project.
In addition, Bellecci will attend meetings with City staff, utility companies and stakeholders
for the coordination of the project. The meetings shall include:
One (t) project design start -up meeting with City and project stakeholders
Two (2) design review neetings with Public Works staff
• One (1) property owner coordination meeting
• Meetings (up to 3) with the utility companies
Deliverable; None
Dublin Boulevard Widening Design (35%,65% & 95 %)
The design of the roadway widening project will be a collaborative effort by the design
consultant team consisting of Bellecci (civil design), RHAA (landscape design), Purcell
Rhoades (geotcehnical repot), Duquette Engineering (structural engineering) and TJKM
(traffic signal & lighting). The design team will prepare the plans, specifications and bid items in
a standard City format to the 95% design stage. Bellecci will provide the City with submittals at
the 35 %, G5% and the 95% design stages. Engineer's estimates will be provided with each
design submittal.
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The plan set for the 35 %submittal will be based on the approved Alternative 2 conceptual
plan (which included replanting the existing median islands) and wIll include basic
information sheets along with sheets containing horizontal layout of facilities minus the
details, profiles, enlargements, and erosion control. The intent of the 35% submittal is to
provide a progress plan set for circulation throughout the City and illicit a response from
interested parties.
The 65% Plans Specs and Estimate (PS &E) will incorporate the comments flout the 35%
submittal, The 65% plan submittal will also include a set of technical specifications prepared in
a Caltrans format customized to the City's requirements. The engineer's estimate submitted with
the preliminary plan will be updated to include the cost ofthe project based on the 65% design
drawings. The 65% plans, technical specifications and estimate will be submitted to the City for
review and comments. In addition at the 65% design stage RHAA will provide; 3 concept
designs for the Dublin Sports Ground sign, pedestrian lighting fixture selection options, and
input on the prefabricated pedestrian bridge selection.
At the 65% design stage a hydrology and hydraulics study will be prepared for the project. It
is anticipated the project will not result in a substantive change in either total runoff volumes
or runoff characteristics. For purposes of this scope we assume changes to the storm drainage
system will be limited to relocation and /or replacement of inlets, catch basins, and manholes.
Pipe size changes are not anticipated. The design approach and storm drain system
modifications, if any, will be incorporated into the PS &E package.
The 95% PS &E submittal will incorporate the 65% review comments received from the City.
Prior to the 95% submittal, the plan set will go through QA/QC to insure the submittal
package includes the appropriate information. The QA /QC process will check for overall
consbvctability, coordination between disciplines, and inadvertent errors and omissions.
The engineer's estimate will be updated to include the cost of the project based on the 95%
design drawings. The 95% plans, technical specifications and estimate will be submitted to the
City to be shelved until finding is available to construct the project.
Deliverable: An eleeumde PDF copy of Me 35 %plans, and the 65% R 95% PSM
Utility Research & Potholing
Bellecei will further investigate the locations of the utilities (including City owned facilities)
in the project areas. Existing utilities that may be in conflict with the propose utilities will be
potholed to obtain the in place horizontal and vertical location. The potholing will be
completed by a utility locating company using a vacuum extraction method. This scope
includes up to one (1) day of potholing. The potholed utility information will be used to verify
the design of the proposed utilities.
Deliverable: Copies of the polliole logs
( )®e99ecci & Associates, inc.
Civil anuinoorlou - 1 -and Planning • Land Survoying
Right of Way Acquisition (Plats & Legals, Appraisal & Owner Negotiation)
The preliminary Right of Way (ROW) base map prepared during phase 1, depicting the ROW
and tire record ownership along Dublin Boulevard will be refined to match the nuances
discovered during the final design of the project. The ROW base neap will depict areas to be
acquired and will also show the locations of the Temporary Construction Easements (TCE).
This map will be the basis for the ROW acquisition and TCE exhibits. After the 35% design
stage Bellecci will prepare the plats and legal descriptions needed for property acquisitions and
for the TCEs.
In addition we will prepare the plat and legal description for an easement for the Alameda
County Flood Control channel crossing with the pedestrian bridge
We will obtain Preliminary Title Reports for the properties along project frontage. These
Preliminary Title Repots will be beneficial not only in establishing the property ownership
and easement rights but also in the preparation of the "sonnmary" appraisals for the ROW
acquisitions.
Valbridge Property Advisors will perform appraisals of the properties affected by the Dublin
Boulevard Widening project. The purpose of these appraisals Is to reach a conclusion of the
just compensation for the portions of the properties that will be acquired. This also includes
an evaluation of how the partial acquisition impacts the use of the various properties and
whether any severance dannages or benefits may be applicable. The appraisals will be
developed and prepared in accordance with the Uniform Standards of Professional Appraisal
Practice ( "USPAP ") and will meet the necessary federal and /o• state requirements.
Once the summary appraisal reports are complete, the repots will be provided to the City for
review and to determine the written offer amount for each property owner. Real Estate
Services (RES) will meet with each property owner and negotiate for the acquisition of the
needed properties. We will consult with City staff and keep them apprised of the progress of
(lie negotiations. Should RES be unable to acquire the property alter four meetings,
negotiations with the property owner will cease and the City will have to pursue legal options
to acquire the property.
Deliverable: Copies of the Preliminmy Tille reports, plats R legals and the sum mry
appraisal repa9s
Agency Coordination
Bellecci will coordinate with the transit agencies to discuss the potential impacts that the
widening project may have to their bus stops within the project 1'auits. We will work with the
transit agencies to develop ideas for the existing bus stops that will be reflected on the plans.
We will also contact Alameda County Flood Control (ACFC) to discuss the plans and the
spanning of the channel with a prefabricated bridge, We will also discuss their requirements for
an easement across the channel. The results of our discussions will be reflected on the plans.
Deliverable: Correspondence frith the agencies and meeting urinates from any meetings
Bellecci & Associates, inc,
Civil Gnoinooriny 0 Land Planning r Land 9urvoylny
Rule 20A Underground District Plans (Bellecci)
Bellecci's services associated with this phase of the project will continence With the
preparation of the Intent Drawings and submittal to PG &E, AT &T, and Comcast. The intent
drawings will depict:
a. The general alignment of the joint trench
b. The approximate location of primary electrical service vaults (V boxes)
c. Strategic locations for street crossings
d. S5 boxes, transformers, and secondary boxes will be shown after PG &E design is
complete.
We will coordinate With PG &E, AT &T, and Comcast for the design of undergrounding, vault,
and splice box locations.
Note: After the Intent drawings are submitted to the utility companies, the project goes
"dormant" for a period of time ranging from 6 months to 24 months, all dependent on the
internal schedules and work loads of each utility provider.
The design phase of the Role 20A utility underground project will continence once we receive
a response to the intent drawings in the form of detailed preliminary design from each utility
provider. (As stated above, this could be anywhere front 6 to 24 months after we submit the
httent Drawings). For the Rule 20A design we will provide the following:
• Prepare plans depicting trench and termination can locations (as applicable) on private
Property for each service connection.
• Prepare composite plans based on final designs from PG &E, AT &T, and Comcast.
Negotiate and coordinate with utility providers as necessary to coordinate vault and
splice box locations so that they have minimal impact to the City and the property
owner.
• Prepare specifications and estimates for public bidding. (Note: bid form to be set up to
provide for unit costs required for Form B.)
• Prepare Form B and coordinate with PG &E, AT &T, and Comcast for approval.
• Obtain signatures from all utility approving the Form B.
The plans (composite drawings), specifications and bid items for the Rule 20A utility
underground project Will be compiled in standard City format providing sufficient information
to obtain comprehensive contractor bids and to construct the project. The construction
documents will include the requirements necessary for the utility undergrounding project.
Bellecci Will provide the City with 65 %& 95% submittals and the final bid set. Engineer's
estimates will be provided with each submittal.
Deliverable: An electronic PDF copy of the 65% & 95% PME and a signed hard copy of the
final hid set
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