HomeMy WebLinkAboutItem 4.2 - 2906 Amendment to Agreements with Mark Thomas an
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STAFF REPORT
CITY COUNCIL
DATE: November 19, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment to the Agreements with Mark Thomas & Company Inc. and
with Western Pacific Signal LLC.
Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic)
EXECUTIVE SUMMARY:
The City Council will consider amending agreements with Mark Thomas & Company,
Inc., for the Iron Horse Trail Bridge at Dublin Boulevard project, to extend the
agreement term, and with Western Pacific Signal, LLC, for traffic signal operations, to
increase the not-to-exceed compensation amount.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amendment to the Agreement with Mark Thomas &
Company, Inc., for the Iron Horse Trail Bridge at Dublin Boulevard Project; and adopt
the Resolution Approving an Amendment to the Agreement with Western Pacific
Signal, LLC.
FINANCIAL IMPACT:
The proposed amendment to the consulting services agreement with Mark Thomas &
Company, Inc. has no financial impact. The amendment will only extend the term of the
agreement. There is available budget in the Iron Horse Trail Bridge at Dublin Boulevard
(CIP No. ST0118) project budget for this agreement.
The proposed amendment to the contract services agreement with Western Pacific
Signal, LLC. will increase the not-to-exceed amount from $105,000 to $200,000, which
is an increase of $95,000 over the remaining term of the contract. The term of the
agreement is from June 30, 2019 to June 30, 2021. The additional costs will be funded
via monies deposited in developer deposit accounts or by the available budget in CIP
Citywide Signal Communication Upgrade (ST0713); therefore, no budget change is
necessary.
DESCRIPTION:
On February 20, 2018, the City Council adopted Resolution 15-18 approving a
consulting services agreement with Mark Thomas & Company, Inc. for completing the
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design of the Iron Horse Trail Bridge at Dublin Boulevard project. Coordination of the
bridge design with adjacent development projects, Kinder-Morgan, Pacific Gas &
Electric, and others, has extended the schedule for design. As such, additional time is
required to complete the bridge design . The proposed amendment would extend the
term of the current agreement from December 31, 2019 to December 31, 2020.
On July 17, 2018, the City Council adopted Resolution 90-18 approving a contract
services agreement with Western Pacific Signal, LLC., to support the expansion of the
City’s traffic signal communication network along major arterials. Subsequently,
Western Pacific Signal helped to complete the expansion of signal communication on
Dougherty Road and Dublin Boulevard. On February 19, 2019, the City Council
approved a budget change to the Citywide Signal Communication Upgrad e project (CIP
No. ST0713), which provides for the continued upgrade of the traffic signal
communications system, signal controllers, conflict monitors, and battery backup units.
To facilitate the execution of the Citywide Signal Communication Upgrade pro ject, Staff
recommends increasing the total not-to-exceed compensation amount in the agreement
with Western Pacific Signal from $105,000 to $200,000.
STRATEGIC PLAN INITIATIVE:
Strategy 3: Pursue efforts to help strengthen the City’s infrastructure and t echnology.
Strategic Objective 3A: Continue to embrace technology to improve traffic, street and
engineering infrastructure.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving an Amendment to the Agreement with Mark Thomas &
Company, Inc., for the Iron Horse Trail Bridge at Dublin Boulevard Project
2. Exhibit A to the Resolution
3. Original Agreement - Mark Thomas Company
4. Resolution Approving an Amendment to the Agreement with Western Pacific Signal,
LLC.
5. Exhibit A to the Resolution
6. Original Agreement - Western Pacific Signal
RESOLUTION NO. _____ - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AN AMENDMENT TO THE AGREEMENT WITH MARK THOMAS & COMPANY, INC.,
FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT
WHEREAS, On November 7, 2017, the City Council approved the Iron Horse Trail Feasibility Study
as well as the proposed design of a bridge crossing at Dublin Boulevard; and
WHEREAS, on February 20, 2018, the City Council adopted Resolution 15 -18 approving a
consulting services agreement with Mark Thomas & Company, INC. (“CONSULTANT”) for completing a
final design phase for Iron Horse Trail Bridge at Dublin Boulevard (“PROJECT”); and
WHEREAS, the PROJECT has been planned to be implemented following the completion of
Scarlett Drive extension to Dublin Boulevard to minimize design conflicts; and
WHEREAS, it has been determined that additional time will be required for the PROJECT due to
delays in completing the Scarlett Drive extension project; and
WHEREAS, the City of Dublin and the CONSULTANT desire to amend existing consulting services
agreement to extend the term of the agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the First Amendment to the Consulting Services Agreement with CONSULTANT attached hereto
as Exhibit A.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City
Manager to execute the First Amendment to the Consulting Services Agreement with CONSULTANT.
PASSED, APPROVED AND ADOPTED this 19th day of November 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MARK THOMAS & COMPANY, INC.
WHEREAS, on November 7, 2017, the City of Dublin (hereinafter referred
to as "CITY ") and Mark Thomas & Company, Inc. (hereinafter referred to as
"CONSULTANT ") entered into a consulting services agreement for the Iron Horse Trail
Feasibility Study as well as the proposed design of a bridge crossing at Dublin Boulevard
(hereinafter referred to as the "AGREEMENT "); and
2019; and
WHEREAS, the existing AGREEMENT is set to expire on December 31,
WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to modify sections 1. 1, 7.5 and 10.11 of the AGREEMENT; and
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date
and shall end on December 31, 2020, the date of completion specified in Exhibit
A, and Consultant shall complete the work described in Exhibit A on or before 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 referenced in Section 8. Notwithstanding the foregoing this
Agreement may be extended on a month to month basis for up to 6 months upon
the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price. charged
by the Consultant for the provision of the serves described in Exhibit A does not
increase. None of the foregoing shall affect the City's right to terminate the
Agreement as provided for in Section 8.
2) Section 7.5 shall be rescinded in its entirety and replaced with the following:
Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on
the basis of a person's race, sex, gender, religion (including religious dress and
grooming practices), national origin, ancestry, physical or mental disability,
medical condition (including cancer and genetic characteristics), marital status,
age, sexual orientation, color, creed, pregnancy, genetic information, gender
identity or expression, political affiliation or belief, military/veteran status, or any
other classification protected by applicable local, state, or federal laws (each a
"Protected Characteristic "), 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 include the provisions of this Subsection in any subcontract
approved by the Contract Administrator or'this Agreement.
3) Section 10.11 Integration shall be rescinded in its entirety and replaced with the
following:
10.11 Integration. This Agreement represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
4) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5) All requisite insurance policies to be maintained by the Consultant pursuant to
the Agreement, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
6) The individuals executing this Amendment and the instruments referenced in it
on behalf of Consultant each represent and warrant that they have the legal
power, right and actual authority to bind Consultant to the terms and conditions of
this Amendment.
SIGNATURES ON FOLLOWING PAGE
ih • 1 :_
Dated:
ATTEST.
By:
Caroline Soto, City Clerk
Mark Thomas & Company, INC.
Dated:
By:
Christopher L Foss, City Manager
Shawn O'Keefe, Principal, Vice President
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
MARK THOMAS & COMPANY, INC.
This Agreement is made and entered into between the City of Dublin ( "City ") and Mark Thomas & Company, Inc
( "Consultant ") as of February 20, 2018 (the "Effective Date "). In consideration of their mutual covenants, the parties
hereto agree as follows:
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,
191 Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on December 31, 2019, 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.
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 its profession. Consultant shall prepare all work products required by this Agreement in a
professional manner and shall conform to the standards of quality normally observed by a person
practicing in Consultant's profession.
13 Assianment 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.
1A 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 One Million Three
Hundred Fifty-One Thousand Dollars, ($1,351,000), 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 A, 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 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
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its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
21 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 bill more than 2,000 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.
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.
23 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.
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.
2A Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the
amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B.
15 Reimbursable Expenses. Reimbursable expenses shall not exceed ($27,300). Expenses shall
be approved, in writing, by the Transportation and Operations Manager. Reimbursable expenses
are included in the total amount of compensation provided under this Agreement that shall not be
exceeded.
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24 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
23 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.
18 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 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.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater. The additional insured coverage under the
Consultant's policy shall be "primary and non - contributory" and will not seek contribution from City's insurance or self -
insurance and shall be at least as broad as CG 20 0104 12, In the event Consultant fails to maintain coverage as
required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid
by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at
least thirty (30) days' prior written notice to City of such cancellation, change, or lapse.
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
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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 mall, 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.
4.11 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,
41.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 ( "any auto "),
413 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
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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,
43 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.
4.31 Any deductible or self - insured retention shall not exceed $150,000 per claim.
4.12 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) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.33 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 A:VII.
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4.4.2 Verification of coverane. 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 and endorsements. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract
the same . requirements and provisions of this Agreement including the Indemnification
and Insurance requirements to the extent they apply to the scope of the Subcontractor's
work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in
the same manner and to the same extent as Consultant is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same provisions with
any Sub - subcontractor. A copy of the Owner Contract Document Indemnity and
Insurance provisions will be furnished to the Subcontractor upon request. The General
Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any
work and will provide proof of compliance to the City.
494.4 Variation, The City may approve a variation in the foregoing 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.
4.4.5 Deductibles and Self- Insured Retentions. All self - insured retentions (SIR) and /or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self- insured retention provision and /or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non - contributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City's own insurance or self- insurance shall be
called upon to protect City as a named insured.
41.41 Notice of Reduction in Coveraoe. 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;
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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. To the maximum extent
allowed by law, Consultant shall indemnify, and hold harmless the City, and City Councilmembers, officers,
volunteers and employees against any and all suits, claims or actions arising out of any injury to persons or property,
including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this
Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors
or agents. Consultant further agrees to defend in accordance with the provisions of CA civil code section 2782,8
however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage
fault Consultant's responsibility for such defense and indemnity obligations shall survive the termination or
completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations
of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations
contained in this Agreement,
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.
71 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
73 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.
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U 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.
U 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 nondiscri mination 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.
851 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 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.
81 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 no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
83 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assionment 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
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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.
815 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 include, but not be limited to, the following;
81.1 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;
8963 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 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.
92 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.
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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.
101 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.
103 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.
10A 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.
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.
101 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 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
10
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potential financial
conflicts of
interest.
For additional information, proposers should refer to the
FPPC website at
httn: / /www.fppc.ca.gov
/Form700.html.
to
this
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.
1099 Contract Administration, This Agreement shall be administered by the City Manager ( "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:
Mark Thomas & Company, Inc
Attn: Sasha Dansky
360 22 "d Street, Suite 501
Oakland, CA 94612
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibits A, B, and C, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
11
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IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this
Agreement on the 6th day of February, 2018,
CITY UBLIN /
Christopher L. Foss, Cl Vdnager
Attest: 4 &
Caroline Soto, City Clerk
as to Form:
, City Attorney
CONSULTANT
Sasha Dansky, Principal, Vice Pres'
12
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EXHIBIT A
SCOPE OF SERVICES
See Attached Scope of Work and Schedule.
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►/ MARK
■ ■ THOMAS
SCOPE OF WORK
TASK 1. PROJECT MANAGEMENT
Iron Horse 1 -rail Bridge Overcrossing
City of Dublin
Mark Thomas will provide project management and administration services including monitoring subconsultant
activities, coordinating with the City and subconsultants, implementing quality control and quality assurance
procedures, submitting monthly invoices and progress reports, preparing and maintaining project schedule, and
developing a work plan to meet the project budget and schedule goals. It is assumed the project design will be
completed in 12 months. The Mark Thomas Team will also coordinate with the surrounding projects including the new
public park and the extension.of Scarlett Drive. The culvert extension work is anticipated to be completed ahead of
this project.
1A.1 Supervise and Coordinate Design - Mark Thomas will supervise, coordinate, and monitor planning and design
for conformance with City of Dublin's, East Bay Regional Park District's and Alameda County Transportation
Commission's standards and policies. This task also includes general correspondence with the City and internal team.
1A.2 Project Information -Mark Thomas will provide project information and support to the City's Public Information
Officer throughout the life of the project, including plans, stakeholder /public meeting graphics and support at project
public outreach events. It is assumed that we will be required to attend up to two public outreach events and provide
up to three 24 -inch by 36 -inch exhibit boards to be used at the meetings. Mark Thomas will also assist the City with
PowerPoint slides as appropriate.
DELIVERABLES
• Public outreach event attendance (up to 2 meetings)
• Public outreach event exhibit boards (up to 3 boards)
1A.3 Operations and Maintenance Agreement Support - Mark Thomas will provide project information, Including
exhibits and definition of design features that are City of Dublin- required versus East Bay Regional Park District -
required, and support the development of Operation and Maintenance agreement(s), as well as a potential easement
agreement for trail maintenance and operations with East Bay Regional Park District. We have assumed 40 hours of
staff time for this task and one plat and legal description to supplement the Operations and Maintenance agreement.
DELIVERABLES
• Plat and legal description (1)
1A.4 Data Collection and Review -Mark Thomas will conform to City requirements and standards prior to the. start of
any design work. We will collect and review relevant and available documentation including As -Built Drawings,
mapping, reports and studies as well as the Iron Morse Trail Feasibility Study. Mark Thomas will prepare a brief memo
summarizing the existing site conditions, constraints and coordination needs with partner agencies and utilities.
DELIVERABLES
• Existing conditions and coordination memo
1A.5 Adjacent Project Coordination -Mark Thomas will coordinate with the project consultants who are performing
design and /or construction of adjacent facilities to facilitate the timely flow of information for each task activity.
►/ MARK
■ ■ THOMAS
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Iron I lorse Trail Bridge Overcrossing
City of Dublin
Adjacent projects include, but are not limited to, Dublin /Pleasanton BART Station projects, City of Dublin's Community
Park development at the development adjacent to Camp Parks area, Scarlett Drive improvements including the culvert
extension and other development and maintenance projects. It is assumed this project will follow the design and
construction of the culvert extension project at Scarlett Drive.
1A.6 Quality Assurance /Quality Control -Mark Thomas will conform to our Quality Management Manual (QMM)
while performing QA/QC for the project. All stated deliverables will go through an independent QA /QC review from
staff not working on the project before delivery to the City.
DELIVERABLES
• QA/ QC plan conforming to Mark Thomas' QMM with QC documents submitted with milestone design deliverables
(35%,65%, etc.)
1A.7 Meetings - Mark Thomas will attend bi- weekly meetings either in person or by conference call to monitor and
update staff and project partners on progress and discuss status of project, Attend agency meetings with City of
Dublin, Alameda County Transportation Commission, East Bay Regional Park District and other stakeholders to reach
design concurrence, Resolve /respond to questions and issues. This task assumes up to 24 bi- weekly meetings and
eight outside agency meetings /calls. Agendas and minutes will be prepared for the eight agency meetings but not the
bi- weekly internal meetings but we will track action items.
DELIVERABLES
• Meeting agendas and minutes (up to 8 meetings)
1A.8 Schedule - Mark Thomas will prepare a detailed project schedule within one month after Notice to Proceed and
update the schedule on a monthly basis.
DELIVERABLES
• CPM schedule (12, updated monthly)
1A.9 Invoicing and Progress Reports - Mark Thomas will prepare and submit monthly progress reports and invoices for
the duration of the design.
DELIVERABLES
• Invoices and progress reports (12, updated monthly)
• Unless specifically noted, all deliverables in Task 1A, Project Management will be submitted electronically in pdf
format
TASK 2. PROJECT LEVEL ENVIRONMENTAL CLEARANCE UNDER CEQA
As a part of the Mark Thomas Team, Metis will prepare a project level CEQA analysis and review to clear the project
for construction. It is anticipated that the project will be environmentally cleared with a Mitigated Negative
Declaration (MND) under the CEQA but the final determination shall be based on the Initial Study prepared as part of
this Task. It is assumed that no resource agency permits will be needed as the construction of the project will stay
within the top of bank of the existing trail alignment and that the Scarlett Drive extension and the Zone 7 culvert
extension have been completed prior to construction of the overcrossing project. It is also assumed no temporary
2OF9
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■ ■ THOMAS
Iron Norse Trail Bridge Overcrossing
City of Dublin
construction easements or right -of -way acquisition is needed as a part of the project as the project alignment falls
within existing trail and City right of way.
2A.1 Alignment Study -The Mark Thomas Team will prepare an alignment study that will analyze different crossing
alignments at Dublin Boulevard. The intent of the study is to determine if there are ways to shorten the main span of
the bridge and make the crossing more perpendicular over the roadway. We will analyze several aspects of each
alignment such as cost, utility impacts, right -of -way impacts, permitting, environmental clearance approach, visual
appeal and construction staging. We will work closely with the City to develop further selection criteria, which will
ultimately lead to a preferred alternative. Analyzation of up to three different alignments will be included in the study
and it is assumed the study will be subject to two round of comment reviews by the City and other stakeholders.
DELIVERABLES
• Alignment Study
2A.2 Preliminary Geometry Plan -Mark Thomas will prepare a preliminary geometry plan based on the feasibility
study alignment and preferred bridge type alternative. The plan will show plan and profile of the overcrossing as well
as typical cross sections at up to three locations along the alignment. It is assumed that the plan will be refined after
up to two rounds of City comments. After the comments are addressed, we will prepare a photo simulation of the
bridge to be used as a part of the visual impact assessment with the CEQA document. The photo simulation will be
taken from up to three different angles. This task also includes the preparation of a succinct Basis of Design
Memorandum that will include standards used and assumptions for the final design of the project.
DELIVERABLES
• Preliminary Geometry Plan
• Basis of Design Memo
2AJ CEQA Project Definition and Risk Analysis -This task will include initial meetings with the City and the design
team to confirm the extent of proposed actions, verify understanding of project partner objectives and participation in
the CEQA process, and definition of a CEQA approach to environmental clearance for the project. This analysis aims to
protect the City from potential challenges that could occur during the public review process.
DELIVERABLES
• CEQA Project Description
2A.4 Technical Studies -Technical studies provide substantiation for the CEQA document analysis and findings.
Based on our understanding of the project, the overcrossing structure would be a clear span over Dublin Boulevard,
and proposed locations for construction staging and bridge abutments and foundational features that would be
constructed within the existing right of way, the need for detailed technical studies would be minimized. Biological
and cultural resources technical studies are proposed to confirm the extent to which State and Federal agencies may
claim jurisdiction in the project area, and also to confirm the lack of jurisdiction, as a means of protecting the City from
potential challenges as the project proceeds. Technical studies include Biological Technical Study for CEQA and State
Permits (401), Cultural Resources, Paleontological and AB 52 Tribal Consultation and a Traffic /Transportation Impacts
Memorandum.
DELIVERABLES
• Technical Studies (Biological, Cultural Resources, Paleo, AB 52 Tribal Consultation, Traffic /Transportation Impacts)
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■ ■ THOMAS
Iron liorse Trail Bridge Overcrossing
City of Dublin
2A.5 Initial Study -Using the data generated in the CEQA technical studies listed above and based on a CEQA project
description approved by the City, Metis would prepare an Initial Study document with clearly written text and clean
print -ready graphics. The Initial Study will be based on the current CEQA guidelines and will include an appendix with
proposed materials suitable for the City to conduct the government -to- government consultation with Native American
Tribes, pursuant to AB 52 and current CEQA guidelines. We will prepare GHG, Energy, Traffic and Transportation
discussions for the Initial Study based on qualitative analysis.
DELIVERABLES
• CEQA Initial Study
2A.6 Mitigated Negative Declaration -Assuming the Initial Study substantiates potential impacts of construction and
operation of the overcrossing can be mitigated to a less than significant level, Metis will prepare a Draft Mitigated
Negative Declaration document for the City's use.
DELIVERABLES
• CEQA Mitigated Negative Declaration
2A.7 Project Coordination - This task will include maintaining close communication and coordination with design
team and City staff particularly at project kick -off and during preparation and finalization of the scope of the CEQA
action. Metis will attend public meetings and interagency meetings prepared to explain CEQA topics, potential
mitigation measures and other environmental terms and conditions that need discussion and to be addressed,
including AB 52 Tribal Coordination tasks. It is assumed that we will attend up to eight agency coordination meetings,
either individually or as a group, with the Alameda County Transportation Commission, Dublin San Ramon Sanitary
District, East Bay Regional Park District and Zone 7 Water Agency. As no resource agency permits will be needed for
construction of this project we will not need to coordinate with the San Francisco Bay Regional Water Quality Control
Board (RWQCB), California Department of Fish & Wildlife (CDFW), US Army Corp (USACE), or the US Fish & Wildlife
Service (USFWS) although we will confirm their jurisdiction limits through the CEQA process.
DELIVERABLES
• Agency Meeting Attendance, Agendas and Minutes (up to 8 meetings)
2A.8 Stormwater Control Plana Mark Thomas will prepare a Stormwater Control Plan as apart of the project in
accordance with the Municipal Regional Stormwater NPDES Permit (No. CAS612008), provision C3. The plan will
define stormwater treatment areas and calculate the needed area for the new impervious surface generated by the
project as detailed in the Alameda County Clean Water Program, C.3 Stormwater Technical Guidance handbook. As
this is a trail project, it may be exempt from this report but we will determine that ahead of plan preparation.
Preparation of a Storm Water Pollution Prevention Plan (SWPPP) is not included in this scope but can be added as a
supplementary service.
DELIVERABLES
• Stormwater Control Plan
• Unless specifically noted, all deliverables in Task 2A, Project Level Environmental Clearance Under CEQA will be
submitted electronically in pdf format
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►/ MARK Iron Norse 1 rail Bridge Overcrossing
■ ■ THOMAS City of Dublin
TASK 3. COMMUNITY AND STAKEHOLDER OUTREACH
Asa part of the Mark Thomas team, Fehr & Peers will assist with community and stakeholder outreach for the project.
Due to the robust outreach effort completed during the feasibility, stage it is expected that any public outreach will be
limited and focused on final design elements. Task 3A.1 will be integrated with Task 2A to satisfy CEQA related
outreach requirements.
3A.1 Community Outreach - Fehr & Peers will attend and provide support to City staff in focused public outreach and
community meetings to obtain input on specific issues. Fehr & Peers will provide all necessary meeting materials
including graphics, presentation slides, handouts, etc. for each meeting and conduct a "pre- meeting planning session"
with the City via teleconference before each meeting. Once the meeting is complete, we will provide meeting minutes
for distribution. It is anticipated there will be one community meeting and up to four Council /Board /Commission
presentations. It is anticipated that each additional public outreach meeting would cost approximately $3,500.
DELIVERABLES
• Outreach Plan
• Project webpage on the City's website (including maintenance through final design)
• Meeting agendas and minutes (up to one community meeting and four Board /Council /Commission meetings)
• Meeting materials (boards, handouts, PowerPoint slides, etc.)(budgeted $750 per meeting up to five meetings)
3A.2 Stakeholder Meetings - Mark Thomas will lead up to five stakeholder /agency staff meetings. We will conduct a
Kick -off meeting with project partners /stakeholders to familiarize them with project constraints as well as to allocate
time to conduct a field visit as a part of this meeting. We have budgeted approximately $2,000 for each stakeholder
meeting.
DELIVERABLES
• Meeting agendas and minutes (up to five stakeholder meetings)
• Unless specifically noted, all deliverables in Task 3A, Community and Stakeholder Outreach will be submitted
electronically in pdf format
TASK 4. DESIGN
4A. -1 Topographic Mapping -Mark Thomas will prepare 1"=20' scale surveys for digital orthophotography and field
topographic surveys using the City's control network and the vertical datum shall be NAVD88 and the horizontal
datum shall be the California State Coordinate System NAD83. The survey will meet Caitrans Third Order of Accuracy
as defined in Caitrans Survey Manual "Figure 5 -1A Caltrans Orders of Survey Accuracy ", 2006 page 5 -3. Ownership and
property line Information will be added to the drawings and the data shall be provided by the City, including
preliminary title reports. This effort will include one day of field time to set control (in either the pavement or sidewalk
at locations not to be disturbed by construction of this project), two days of supplemental topographic field surveying
and two days of right -of -way surveying.
Mark Thomas will perform a field survey to locate necessary monumentation based on publicly available Survey
Records available from Alameda County, to establish property lines and the right of way lines of Dublin Boulevard and
the former railroad (Iron Horse Trail). It is our understanding that no other monument ties to other maps will be
necessary to complete this project. Should monuments be missing, a material discrepancy be found or evidence of a
dispute with adjoiners discovered, we will stop work under the current scope and discuss options to move forward.
Once the locations of the property lines and right -of -way lines are established from the field evidence collected, Mark
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Iron Horse frail Bridge Overcrossing
City of Dublin
Thomas will plot these lines in a digital CAD file to be Incorporated in the base mapping. The AutoCAD CAD file will
contain utility lines, property and right -of -way lines and all other pertinent survey data.
DELIVERABLES
• Topographic base map with utilities
4A. -2 Geotechnicol Report - Asa part of the Mark Thomas team, PCI will prepare a geotechnical report for the
project. PCI will comply with Alameda County Drilling Permit requirements and it is assumed that the borings will be in
the trail and within City right of way. Two borings will be drilled at the anticipated supports for the main bridge and
two additional borings will be drilled at about 140 -foot spacing on either side for the slab bridges. These borings are
proposed to be 60 to 80 -feet in depth. In addition, two borings will be drilled for the retaining wall and the ramp
structure to a depth of about 40 -feet. We anticipate using a truck mounted mud -rotary drill rig for the work and that
the subsurface may require diamond coring into rocky material. It is assumed that up to $1,000 in traffic control will
be needed and a no fee encroachment permit will be provided by the City.
PCI will perform laboratory tests on representative soil samples and analyze moisture density, unconfined,
compression, gradation analyses, R -value tests, corrosion tests and a Plasticity Index test, as necessary. Environmental
testing is not included in this scope of work. PCI will complete engineering analyses and develop design
recommendations for the proposed bridge foundation system and it is anticipated that pile foundations will be
adopted for foundation support.
DELIVERABLES
• Geotechnical Report (2 copies)
4A. -3 Utility Coordination -Mark Thomas will collect existing utility maps from utility owners for utilities within the
project area and show existing utility lines and structures on the topographic base map. If conflicts are identified,
Mark Thomas will prepare conflict mapping and coordinate with the affected utility company for relocation. As a part
of the Mark Thomas team, BTI will perform utility potholing for the Kinder Morgan pipeline and other pertinent
utilities. It is assumed that we will need up to twelve (12) one -foot by one -foot by 8 -foot deep potholes at a cost of
$1,500 per pothole. We have assumed one day of field crew time to survey and catalog the vertical and horizontal
locations of the potholes. Potholing will be performed prior to the 65% design and after the 35% design has been
approved. As a part of the Mark Thomas team, Y &C will coordinate with PG &E to determine the appropriate service
point for the bridge lighting.
4A.4 35% PS &E - After approval of the preliminary geometry plan, the Mark Thomas team will prepare construction
documents including plans, specifications, and estimate (PS &E) using City and Caltrans standards for the overcrossing. A
schematic landscape plan will be prepared for the 35% submittal as well as a bridge general plan. We will prepare the
technical special provisions in accordance with Caltrans 2015 standards and City format where the Caltrans
specifications need to be supplemented. The 35% submittal will be outline specifications only. We will also prepare a
construction cost estimate that will identify construction work items, quantities, unit costs, and summarize the
estimated total Project cost, including allowances for supplemental work, owner - furnished materials, expenses,
mobilization, and contingencies. The project design will need to be mindful of the preliminary cost estimate and work
diligently to stay at, or under that cost as this is a City identified goal for the project. In general, the plan set will consist
of the sheets listed below:
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■ ■ THOMAS
Iron I lorse Trail Bridge Overcrossing
City of Dublin
The
35%
Cover Sheet
1
General Notes
2
Key Map
1
Typical Cross Sections
2
Demolition Plan
2
Layout Plan
3
Profile and Su erelevation Diagram
3
Construction Details
5
Utility and Drainage Plan
4
Erosion Control Plans
4
Construction Area Signs
2
Traffic Handling / Stage Construction Plans
6
Pavement Delineation and Sin Plan
2
Structural Plans and Details
30
Electrical Plans and Details
4
Irrigation and Planting Plans
4
Total
75
Iron I lorse Trail Bridge Overcrossing
City of Dublin
The
35%
plans
will be a small subset of this list and more sheets will be added as the design progresses through 65 %,
95%
and
100%
levels.
DELIVERABLES
• 35% PS &E (4 full size bond copies) and 1 pdf copy
4A.5 65 96 PS &E- After approval and comments on the 35% design package, the Mark Thomas team will prepare 65%
PS &E. The 65% design is a detailed, but unchecked set that will provide enough detail to evaluate the majority of the
project elements. The specifications will encompass the details for this project specifically and will not rely on
references to other documents as it is meant to be a standalone set of specifications, Peripheral specification sections
may be added as an attachment to the package. A photometric plan will also be prepared to identify the lighting levels
and areas affected by the proposed project lighting.
DELIVERABLES
• 65% PS &E (4 full size bond copies) and 1 pdf copy
• Project Photometric Plan
4A.6
95%
PS &E -After approval and comments
on the 65%
design package, the
Mark Thomas team will prepare 95%
PS &E.
The
95% design is a detailed and checked
set that will
provide detail on all
elements of the project.
DELIVERABLES
• 95% PS &E (4 full size bond copies) and 1 pdf copy
4A.7 100 %PS &E - After approval and comments on the 95% design package, the Mark Thomas team will prepare
100% PS &E. The 100% PS &E is a complete bid ready package ready for advertisement. Mark Thomas will incorporate
the project technical specification within the City's provided front -end "boilerplate" specifications and contract book.
The project plans and specifications will be stamped and signed by a Mark Thomas Team member prior to
advertisement.
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■ ■ THOMAS
Iron Horse Trail Bridge Overcrossing
City of Dublin
DELIVERABLES
e 100% PS &E (4 full size bond copies) 1 copy in AutoCAD, MS Word, MS Excel and 1 pdf formats
4A.8 Structural Calculations - Mark Thomas will prepare bridge calculations, independent check calculations, and
bridge plans. At the 65% submittal, Mark Thomas will submit a complete, unchecked set of bridge plans. Following
review by the City, Mark Thomas will perform an independent design check of the bridge plans in conformance with
Caltrans bridge design procedures. The independent check will be completed by an experienced registered engineer
who was not Involved in the original design of the structure. The structure design and check will be performed in
accordance with AASHTO LRFD Bridge Design Specifications, 6th Edition with Caltrans Amendments, AASHTO LRFD
Guide Specifications for the Design of Pedestrian Bridges, and Caltrans Seismic Design Criteria, Version 1.7. The latest,
updated versions of the Caltrans Bridge Design Manuals will be used.
4A.9 Conceptual Construction Schedule -Mark Thomas will prepare a conceptual construction schedule for the
project that will take into account various issues and constraints found during the final design process. The conceptual
schedule will be submitted with the 35 %, 65 %0 95% and 100% PS &E deliverables.
DELIVERABLES
e Conceptual construction schedule
e Unless specifically noted, all deliverables in Task 4A, Design will be submitted electronically in pdf format
TASK 1. BID SUPPORT (OPTIONAL)
The Mark Thomas team will provide assistance and support as necessary during the bidding phase. This includes
issuing necessary documentation and preparing addenda, revised drawings, quantity and cost estimates, and
responding to Requests for Information. After closing of the bid period Mark Thomas will prepare a conformed set of
applicable contract documents and will include the original Bid Document as the base document and incorporate all
items, such as revised drawings, technical specifications, and quantities issued from addenda. The budget for this task
was created based on past experience with similar projects and expected level of effort. Work will be billed on a time
and materials basis as the actual required level of effort is unknown and will be based upon questions during bid time
and requests of the City.
DELIVERABLES
e Addenda, revised drawings, and quantity and cost estimates and responses to Requests for Information
e Conformed set of contract documents in pdf., MS Word, MS Excel, and AutoCAD formats
e Unless specifically noted, all deliverables will be submitted electronically in pdf format
TASK 2. CONSTRUCTION SUPPORT /DESIGN SUPPORT DURING
CONSTRUCTION (OPTIONAL)
The Mark Thomas team will provide design support during construction, respond to Requests for Information, review
technical submittals, and assess change orders. We will attend progress and field meetings and coordinate with the
City staff /Resident Engineer to provide support as needed and document design changes and provide revised drawings
as required. The budget for this task was created based on past experience with similar projects and expected level of
effort. Work will be billed on a time and materials basis as the actual required level of effort is unknown and will be
based upon contractor questions and requests of the City.
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DELIVERABLES
• Revised drawings and responses to Requests for Information
• Unless specifically noted, all deliverables will be submitted electronically in pdf format
Iron Norse 1 rail Bridge Overcrossing
City of Dublin
TASK 3. CLOSE -OUT SUPPORT (OPTIONAL)
The Mark Thomas team will provide support, as needed, during close -out phase including assistance with
reconciliation of pending change orders as well as preparation of an as -built set at project completion.
DELIVERABLES
• As -built drawings in pdf and AutoCAD dwg format
• Unless specifically noted, all deliverables will be submitted electronically in pdf format
TASK 4. EIR SCOPE AND BUDGET (OPTIONAL)
48.1 Notice of Preparation for EIR -If the Initial Study analysis concludes that significant impacts could occur as a
result of construction or operation of the proposed overcrossing that cannot be mitigated to a less than significant
level, Metis will prepare a Notice of Preparation (NOP) for use by the City. The Notice of Preparation would be used to
inform the public that the City intends to prepare a Focused Environmental Impact Report to address only the specific
resource areas the Initial Study identified as having significant impacts. The NOP will also reference a public scoping
meeting, which Metis will lead, and during which comments from the public will be taken.
48.2 Environmental Impact Report -If the Initial Study analysis concludes that significant impacts could occur as a
result of construction or operation of the proposed overcrossing that cannot be mitigated to a less than significant
level, Metis will prepare an Administrative Draft Focused EIR for up to three resource area topics (ies biology, traffic,
air quality) that includes text and graphics, incorporates the Initial Study by reference, and includes and addresses
NOP scoping comments or letters received. The administrative draft will be submitted to the City of Dublin for review
and comment. Once the City completes one round of consolidated comments on the Administrative Draft, Metis will
prepare a public review (print- ready) draft of the Focused EIR which will be subject to a 45 -day review period. Metis
will respond to comments from the public and prepare a Final EIR with findings.
DELIVERABLES
• Notice of Preparation
• Project EIR
• Unless specifically noted, all deliverables will be submitted electronically in pdf format
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See attached Cost Proposal.
These rates remain in effect
San Francis
Transportai
-u- -1
COMPENSATION SCHEDULE
through June 30, 2018, at which time the City of Dublin allows for a CPI adjustment for
g July 1, 2018 and each fiscal year thereafter. This adjustment shall be based on the
isumer Price Index (CPI) for Urban Wage Earners. Consultant shall submit to the
Manager, or their designee, in writing, proposed new rates for approval, prior to taking
Please note, reimbursable expenses are included in Agreement's not-to- exceed total of $1,351,000. Any increases
to this amount will need to be approved, in writing, by the Transportation & Operations Manager, or their designee.
Invoices shall be submitted electronically to: pwinvoices @dublin.ca.gov.
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■ ■ THOMAS
EXHIBIT B
RATE SCHEDULE (S)
Mark Thomas & Company, Inc. Rate Schedule
Expires June 30, 2018*
Engineering Services
Sr. Principal
$369
Principal
$340
Project Director (S. Dansky)
$326
Project Manager (S. O'Keefe)
$261
Sr. Engineering Manager
$288
Engineering Manager
$247
Practice Area Leader
$247
Sr. Project Manager
$208
Sr. Technical Lead
$208
Project Manager
$172
Technical lead
$172
Sr. Project Engineer
$145
Sr. Technical Engineer
$145
Project Engineer
$125
Design Engineer II
$111
Design Engineer 1
$90
Sr. Technician
$106
Technician
$77
Intern
$52
Urban Planning/Landscape Architecture Services
Sr. LAUD Division Manager $217
LAUD Division Manager $184
Sr. LAUD Project Manager $162
LAUD Project Manager $147
Sr. Project Landscape Architect $111
Project Landscape Architect $96
Landscape Designer $75
Intern $52
Special Services
Sr. Inspector $108
Inspector $78
Expert Witness $390
Strategic Consulting $390
Reimbursables including, but not limited to:
Reproductions, Filing Fees and Field Expenses
Mileage
Outside Consultant Fees
Cost Plus 5%
Per IRS Rate
Cost Plus 5%
Survey Services
Sr. Survey Manager
Survey Manager
Sr. Project Surveyor
Project Surveyor
Sr. Surveyor
Surveyor
Lead Survey Technician
Sr. Survey Technician
Survey Technician
Survey Intern
Single Chief
Single Chainman
Apprentice
1 Person Field Crew
2 Person Field Crew
3 Person Field Crew
Project Support/Coordination Services
Sr. Project Accountant
Project Accountant
Sr. Project Coordinator
Project Coordinator
Sr. Project Assistant
Project Assistant
Sr. Technical Writer
Technical Writer
Sr. Graphic Designer
Graphic Designer
Grant Writing Services
Sr. Funding Specialist
Funding Specialist
$205
$185
$165
$145
$125
$110
$135
$110
$90
$60
$120
$105
$70
$160
$240
$330
$111
$90
$108
$86
$81
$58
$94
$58
$101
$72
$150
$120
'Rates subject to escalation with new hourly rote schedule os of July 1, 2018 PAGE 1 OF 1
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CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDNYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: it the Certificate holder is an ADDITIONAL INSURED, thl
If SUBROGATION IS. WAIVED, subject to the terms and conditions of
this certificate does ot confer rights to the certificate holder in lieu of
PRODUCER Asero Insurance Services
200 N. Almaden Blvd. 3rd Floor
San Jose, CA 95110
www.aseroine.com
License No. OA91339
INSURED
Mark Thomas & Company, Inc.
2290 North First Street, Suite 304
San Jose CA 95131
CAVFRArsFA
CERTIFICATE NUMRERa An113ndq
s) must have ADDITIONAL INSURED provisions or be endorsed.
, certain -policies may require an endorsement. A statement on
REVISION NUMBER:
NAIL A
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
L
TYPE OF INSURANCE
D
S
POLICY NUMBER
POLICY EFF
POLICY EXP
MM /D
LIMITS
B
v1
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
1
Joe Longwello
680- 211548914
9/15/2017
9115/2018
EACH
TOR
DAMAGE
occurrence) RTEI
$1.000'000
MED EXP (Any one person)
$10000
GEN'L
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POLICY ✓❑ E T ❑✓ LOC
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PERSONAL d ADV INJURY
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GENERAL AGGREGATE
$2,000,000
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BA- 61-1189707
9/15/2017
9/1512018
EOM DSINGLE LIMIT
$10000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Par accident)
$
PROPERTY
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DAMAGE
s
Comp/Coll Ded: 1 000
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9/15/2017
9/15/201$
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DESCRIPTION OF OPERATIONS below
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E.L. DISEASE -EA EMPLOYEE
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DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
CC -18102 -Iron Horse Trail Overcrossing on Dublin Boulevard
City and its officers, employees, agents, and volunteers Alameda CTC, its governing body, o0lcers, employees and consultants are named as additional insured,
NOTE: 30 DAYS NOTICE OF CANCELLATION WILL BE GIVEN EXCEPT 10 DAYS FOR NON - PAYMENT.
froD'netlr A'r= uni nP{?
raTJrad III /•eire7J1
CC -18102
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Dublin
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
100 Civic Plaza
ACCORDANCE WITH THE POLICY PROVISIONS.
Dublin CA 94568
I Susie Leyva 1
1/30/2016 9:08,41 AM
AUTHORIZED REPRESENTATIVE
1
Joe Longwello
%) 1888 -2076 AGUKD GOKPUKA I IUN. An ngnTs reserves.
ACORD 25 (2018/03)
The ACORD
name and logo are
registered marks of ACORD
40113043 1 RARRT -1 1 17/18 Master Certificate
I Susie Leyva 1
1/30/2016 9:08,41 AM
(PST) I Page 1 of 9
RESOLUTION NO. _____ - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AN AMENDMENT TO THE AGREEMENT WITH WESTERN PACIFIC SIGNAL, LLC.
.
WHEREAS, on July 17, 2018, the City Council adopted Resolution 90 -18 approving a Contract
Services Agreement (“AGREEMENT”) with Western Pacific Signal, LLC. (“CONTRACTOR”) to support
expansion of communication network along major arterials; and
WHEREAS, Staff has successfully worked in expanding traffic signal interconnect along several
major arterials; and
WHEREAS, the current not-to-exceed amount of $105,000 in the AGREEMENT was based on
limited scope of work, which now has been expanded due to the additional funding approved by the City
Council on February 19, 2019 for the Capital Improvement Program Project ST0713; and
WHEREAS, due to the expansion in the scope of work the current not-to-exceed amount for the
AGREEMENT needs to be increased to further expand the network along major arterials; and
WHEREAS, the City and CONTRACTOR now desire to increase the not-to-exceed amount to
$200,000 to support the signal interconnect expansion.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the First Amendment to the Contract Services Agreement with CONTRACTOR attached hereto
as Exhibit A.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City
Manager to execute the First Amendment to the Contract Services Agreement with CONTRACTOR.
PASSED, APPROVED AND ADOPTED this 19th day of November 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND WESTERN PACIFIC SIGNAL
WHEREAS, on July 18, 2018, the City of Dublin (hereinafter referred to as
"CITY ") and Western Pacific .Signal, LLC (hereinafter referred to as "CONTRACTOR ")
entered into a contract services agreement to support expansion of the citywide
communication networks along major arterials (hereinafter referred to as the
"AGREEMENT "); and
WHEREAS, they CITY and CONTRACTOR now desire to amend Exhibit B of the
Agreement; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the agreement to
modify sections 2.0, 7.5, and 9.11 of the Agreement; and
NOW THEREFORE, for good and valuable consideration, the sufficiency of which
is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2. shall be rescinded in its entirety and replaced with the following:
COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
Two Hundred Thousand Dollars ($200,000), 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
A, 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 specified
herein. Except as specifically authorized by City in writing, 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) Section 7.5 shall be rescinded in its entirety and replaced with the following:
Nondiscrimination and Equal Opportunity. Contractor shall not discriminate,
on the basis of a person's race, sex, gender, religion (including religious dress and
grooming practices), national origin, ancestry, physical or mental disability,
medical condition (including cancer and genetic characteristics), marital status,
age, sexual orientation, color, creed, pregnancy, genetic information, gender
identity or expression, political affiliation or belief, military/veteran status, or any
other classification protected by applicable local, state, or federal laws (each a
"Protected Characteristic "), 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 Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract
approved by the Contract Administrator or this Agreement.
3) Section 9.11 Integration shall be rescinded in its entirety and replaced with the
following:
9.11 Integration. This Agreement, including Exhibits A and B- REVISED,
represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representations, or Not to
Exceed agreements, either written or oral.
4) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5) The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal
power, right and actual authority to bind Contractor to the terms and conditions of
this Amendment.
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated:
ATTEST:
By:
Caroline Soto, City Clerk
NAME OF CONTRACTOR
By:
Christopher L. Foss, City Manager
Donald R. Shupp, Principal
EXHIBIT B- REVISED
COMPENSATION SCHEDULE
The not to exceed amount total for this agreement $200,000 is for the following
technical support and equipment supply:
Technical Support:
Year
Cost for Three Years
FY 18 -19
$ 15,000.00
FY 19 - 21
$ 60,000.00
$ 35,000.00
Equipment Supply:
Year
Cost per Year for Equipment
FY 18 - 19
$ 30,000.00
FY 19 - 20
$ 60,000.00
FY 20 - 21
$ 60,000.00
Total Cost: $ 200,000.00
Invoicing Requirements
All invoices shall be sent to City electronically, to the following email address:
PWaccountingo,dublin.ca.gov and shall be sent to the attention of Accounting
Staff. Each attached invoice shall identify the assigned project manager, a contact for
firm's accounting representative, as well as the City project manager requesting the
completed work.
Invoices shall be termed from the first of the month, through the end of the month, and
shall be submitted within sixty days of completion of each month, with the exception of
invoices for the months of May and June. May and June invoices, as well as all other
outstanding invoices, shall be due by July 15th of that year.
CONTRACT SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
WESTERN PACIFIC SIGNAL
THIS AGREEMENT for contract services is made by and between the City of Dublin
( "City ") and Western Pacific Signal, LLC ( "Contractor ") as of July 18, 2018.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Contractor 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
I
nconsistency 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 30, 2021, the date of completion specified in
Exhibit A, and Contractor 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 Contractor 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. Notwithstanding the foregoing this
Agreement may be extended on a month -to -month basis for up to 6 months upon
the written consent of the Contractor and the City Manager, provided that; a)
sufficient funds have been appropriated for such purpose, and b) the price
charged by the Contractor for the provision of the services described in Exhibit A
does not increase. None of the foregoing shall affect the City's right to terminate
the Agreement, as provided for in Section 8,
1.2 Standard of Performance. Contractor 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. Contractor is
engaged in the geographical area in which Contractor practices its profession.
Contractor 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 Contractor's profession.
1.3 Assignment of Personnel. Contractor 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, Contractor shall, immediately upon receiving
notice from City of such desire of City, reassign such person or persons.
1.4 Time, Contractor 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
Contractor's obligations hereunder,
Section 2, COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed
One Hundred and Five Thousand Dollars ($105,000), notwithstanding any contrary
indications that may be contained in Contractor's proposal, for services to be performed under
this Agreement, in the event of a conflict between this Agreement and Contractor's proposal,
attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
Gontract Services Agreement between
r.. — mac?,.
City of Dublin and VII tern pAING.Si ha
Page 1 of 12
Agreement Version 1 -2018
shall pay Contractor 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
Contractor for services rendered pursuant to this Agreement. Contractor shall submit all
invoices to City in the manner specified herein. Except as specifically authorized by City,
Contractor shall not bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under
this Agreement is based upon Contractor's costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently,
the parties further agree that compensation hereunder is intended to include the costs of
contributions to any pensions and /or annuities to which Contractor 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. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services incurred prior to the invoice date. No
individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year
unless approved, in writing, by the City Manager or his /her designee. Invoices shall contain the
following information:
■ The dates of service provided at each facility;
■ Location of each service;
■ 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
uart�.er hours
o If this Contract covers multiple projects, all hours must also be
logged by project assignment
o A brief description of the work
■ The Contractor's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed. City shall have 30 days from the
receipt of an invoice that complies with all of the requirements above to pay
Contractor.
2.3 Total Payment. City shall pay for the services to be rendered by Contractor
pursuant to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Contractor in rendering services
pursuant to this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement,
In no event shall Contractor 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.
2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall
not exceed the amounts shown on the fee schedule set forth on the
compensation schedule attached as Exhibit B.
Contract Services Agreement between ulyT{;2t�8
�.b•f i b.i
City of Dublin and ,,: ,ter?Q!1$ign Page 2 of 92
Agtoomont Version 1 -2018
265 Payment of Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state
taxes.
2.6 Payment upon Termination, In the event that the City or Contractor terminates
this Agreement pursuant to Section 8, the City shall compensate the Contractor
for all outstanding costs incurred for work satisfactorily completed as of the date
of written notice of termination. Contractor shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
267 Authorization to Perform Services. The Contractor 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, Contractor 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 Contractor 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 Contractor'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, Contractor, 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 Contractor and its agents,
representatives, employees, and subcontractors. Contractor 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. Contractor shall maintain the insurance policies required
by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Contractor's bid. Contractor shall not allow any subcontractor to commence
work on any subcontract until Contractor 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.
It shall be a requirement under this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits shall
be available to City as an additional insured. Furthermore, the requirements for coverage and
limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the
broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. The additional insured coverage under
the Contractor's policy shall be "primary and non- contributory" and will not seek contribution
from City's insurance or self- insurance and shall be at least as broad as CG 20 01 04 12. In the
Contract Services Agreement between liily'fl 2t}$
City of Dublin andlestem`iactfc Sigta� Page 3 of 12
Agreement Version 1 -2018
event Contractor fails to maintain coverage as required by this Agreement, City at its sole
discretion may purchase the coverage required and the cost will be paid by Contractor. Failure
to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed
to lapse without at least thirty (30) days' prior written notice to City of such cancellation, change,
or lapse.
4.1 Workers' Compensation. Contractor 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 Contractor.
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, Contractor 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 Contractor, 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. Contractor shall notify City within 14 days of notification
from Contractor'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 re uirements. Contractor, 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. Automobile coverage shall be at least as
broad as Insurance Services Office Automobile Liability form CA 0001
Code 1 ( "any auto ").
Contract Services Agreement between MAMAIA20 8
City of Dublin and VII'estern; Pactfla S W6A Page 4 of 12
A¢rasmenlVerslon 1 -2018
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 Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor;
premises owned, occupied, or used by Contractor; and
automobiles owned, leased, or used by the Contractor. 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 Contractor 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 Clty. Contractor
shall notify City within 14 days of notification from Contractor's
insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
4.3 [RESERVED]
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 A:VIla
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Contractor 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 and endorsements. Failure to exercise this right shall
not constitute a waiver of right to exercise later.
Contract Services Agreement betweeniitly3{;$Q1;
City of Dublin and Page 5 of 12
Agreement Version 1 -2018
4.4.3 Subcontractors. Contractor agrees to include with all subcontractors in
their subcontract the same requirements and provisions of this
Agreement including the Indemnification and Insurance requirements to
the extent they apply to the scope of the Subcontractor's work,
Subcontractors hired by Contractor agree to be bound to Contractor and
the City in the same manner and to the same extent as Contractor is
bound to the City under the Contract Documents. Subcontractor further
agrees to include these same provisions with any Sub- subcontractor. A
copy of the Owner Contract Document Indemnity and Insurance
provisions will be furnished to the Subcontractor upon request, The
General Contractor shall require all subcontractors to provide a valid
certificate of insurance and the required endorsements included in the
agreement prior to commencement of any work and will provide proof of
compliance to the City,
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 of such insurance are either not commercially available, or that the
City's interests are otherwise fully protected.
4.4.6 Deductibles and Self - insured Retentions. All self - insured retentions
(SIR) and /or deductibles must be disclosed to the City for approval and
shall not reduce the limits of liability, Policies containing any self insured
retention provision and /or deductibles shall provide or be endorsed to
provide that the SIR and /or deductibles may be satisfied by either the
named insured or the City.
4.4.6 Excess Insurance, The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess
insurance, Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a
primary and non - contributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City's own insurance or self-
insurance shall be called upon to protect City as a named insured.
4.4.7 Other Requirements, It shall be a requirement under this agreement
that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and /or limits shall
be (9) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any
insurance policy.
4,4.8 Notice of Reduction in Goveraoe. In the event that any coverage
required by this section is reduced, limited, or materially affected in any
other manner, Contractor shall provide written notice to City at
Contractor's earliest possible opportunity and in no case later than five
days after Contractor is notified of the change in coverage,
Contract Services Agreement between idly 18 2(8
City of Dublin and W,. stein Rac�f Sigrraj Page 6 of 12
Agreement Version 1 -2018
4.5 Remedies. In addition to any other remedies City may have if Contractor 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 Contractor'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 Contractor to stop work under this Agreement or withhold any payment
that becomes due to Contractor hereunder, or both stop work and withhold
any payment, until Contractor demonstrates compliance with the
requirements hereof, and /or
■ Terminate this Agreement.
Section S. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. To the
maximum extent allowed by law, Contractor shall indemnify, keep and save harmless the City,
and City Councilmembers, officers, agents and employees against any and all suits, claims or
actions arising out of any injury to persons or property, including death, that may occur, or that
may be alleged to have occurred, in the course of the performance of this Agreement by a
negligent act or omission or wrongful misconduct of the Contractor or its employees,
subcontractors or agents. Contractor further agrees to defend any and all such actions, suits or
claims and pay all charges of attorneys and all other costs and expenses arising therefrom or
incurred in connection therewith; and if any judgment be rendered against the City or any of the
other individuals enumerated above In any such action, Contractor shall, at its expense, satisfy
and discharge the same, Contractor's responsibility for such defense and indemnity obligations
shall survive the termination or completion of this Agreement for the full period of time allowed
by law. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing
services under this Agreement is determined by a court of competent jurisdiction or the
California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS
as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the
payment of any employee and /or employer contributions for PERS benefits on behalf of
Contractor or its employees, agents, or subcontractors, as well as for the payment of any
penalties and interest on such contributions, which would otherwise be the responsibility of City.
Contractor/Subcontractor's responsibility for such defense and indemnity obligations shall
survive the termination or completion of this Agreement for the full period of time allowed by law.
Section 6. STATUS OF CONTRACTOR.
6.'I Independent Contractor. At all times during the tern of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of
City. City shall have the right to control Contractor only insofar as the results of
Contractor's services rendered pursuant to this Agreement and assignment of
personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have
Contract Services Agreement between Q 0,
City of Dublin and Ullestern F'aoiFG:Signaj Page 7 of 12
Agreement Version 1.2018
the right to control the means by which Contractor accomplishes services
rendered pursuant to this Agreement. Notwithstanding any other City, state, or
federal policy, rule, regulation, law, or ordinance to the contrary, Contractor 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.
U Contractor No Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Contractor shall have no authority, express or implied,
pursuant to this Agreement to bind City to any obligation whatsoever.
Sects LEGAL REQUIREMENTS,
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
7.2 Compliance with Applicable
Laws.
Contractor 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, Contractor and any
subcontractors shall comply with all applicable rules and regulations to which City
is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that
Contractor 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. Contractor represents and
warrants to City that Contractor 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, Contractor and
any subcontractors shall obtain and maintain during the term of this Agreement
valid Business Licenses from City.
7.6 Nondiscrimination and Eaual Opportunity. Contractor 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 Contractor under this Agreement. Contractor
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
Contract Services
City of Dublin and
Page 8 of 12
Aveenmenf Version 1.2418
Agreement, including but not limited to the satisfaction of any positive obligations
required of Contractor thereby.
Contractor 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 Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for
services performed to the effective date of termination, City, however, may
condition payment of such compensation upon Contractor delivering to City any
or all documents, photographs, computer software, video and audio tapes, and
other materials provided to Contractor or prepared by or for Contractor 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.
Contractor understands and agrees that, if City grants such an extension, City
shall have no obligation to provide Contractor with compensation beyond the
maximum amount provided for in this Agreement.
8.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
8.4 Ass annnent and Sub contract] ng, City and Contractor recognize and agree
that this Agreement contemplates personal performance by Contractor and is
based upon a determination of Contractor'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 Contractor. Contractor may not assign this
Agreement or any interest therein without the prior written approval of the
Contract Administrator. Contractor 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 Contractor shall
survive the termination of this Agreement.
806 Options upon Breach by Contractor. If Contractor materially breaches any of
the terms of this Agreement, City's remedies shall include, but not be limited to,
the following:
Contract Services Agreement between lJu1y
City of Dublin and VV -0 page 9 of 12
Agreement Version 1 -2018
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 Contractor pursuant to this
Agreement;
8.6.3 Retain a different contractor to complete the work described in e=xhibit A
not finished by Contractor; or
8.6.4 Charge Contractor 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 Contractor pursuant to Section 2 if
Contractor had completed the work.
Section 9. MISCEbLANEOUS PROVISIONS,
921 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.
9.2 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.
9.3 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.
9.4 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.
9.5 Successors and Assi -ins.
The
provisions of this Agreement shall inure to the
benefit of and shall
apply
to
and
bind the
successors and assigns of the
parties.
9.6 Use of Recycled Products. Contractor 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.
9.7 Conflict of Interest, Contractor may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless of
location, would place Contractor in a "conflict of interest," as that term is defined
in the Political Reform Act, codified at California Government Code Section
81000 et seq.
Contract Services Agreement between
City of Dublin and tNesternPacificrSigna
e 10 of 12
Version 1 -2018
Contractor 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.
Contractor 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
Contractor was an employee, agent, appointee, or official of the City in the
previous twelve months, Contractor warrants that it did not participate in any
manner in the forming of this Agreement. Contractor understands that, if this
Agreement is made in violation of Government Code §1090 et. seq., the entire
Agreement is void and Contractor will not be entitled to any compensation for
services performed pursuant to this Agreement, and Contractor will be required
to reimburse the City for any sums paid to the Contractor. Contractor
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 Oof
Economic Interests documenting potential financial conflicts of interest. For
additional information, proposers should refer to the FPPC website at
W\W, , fepc,caI cloy liLdgZ,phL ?id�=500.
9.8 Solicitation.. Contractor agrees not to solicit business at any meeting, focus
group, or interview related to this Agreement, either orally or through any written
materials.
9.9 Contract Administration. This Agreement shall be administered by the City
Manager ( "Contract Administrator"). All correspondence shall be directed to or
through the Contract Administrator or his or her designee.
9,10 Not„ ices. Any written notice to Consultant shall be sent to:
Western Pacific Signal
Attention: Donald Shupp
16890 Foothill Blvd
San Leandro, CA 94678
Any written notice to City shall be sent to:
City of Dublin
Public Works
Attention: Obaid Khan
100 Civic Plaza
Dublin, CA 94588
9.11 Intearation, This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Contract Services Agreement between Y JUIy �8io$
City of Dublin and i�leefem`P�iYifc�,�lgw Page 11 of 12
Agreement Version 14018
CITY OF/EU LIN / CONTRACTOR
her L. Foss, City Mahager
Attest:
4 z � /94 Et
Caroline Soto, City Clerk
Approved as to Form:
City Attorney
Contract Services Agreement between
City of Dublin and Ul/tern{l?acife=Signa
Donald R. Shupp, Principal
Western Pacific Signal, LLC
Page 12 of 12
Agreement Version 1 -2018
EXHIBIT A
SCOPE OF SERVICES
On -call consultant services agreements are utilized for services requiring expertise that City
staff needs to supplement City staff during periods of peak work demand related to traffic signal
operations. Currently, there is a need for specialized traffic signal systems and communications
expertise, Western Pacific Signal; LLC (hereinafter "WP Signal ") has integrated various
Intelligent Transportation System (ITS) devices and software for the City of Dublin (hereinafter
"City "). WP Signal has delivered and provided technical installation support and onsite technical
training on numerous ITS devices and related software, including local signal controllers, traffic
central management software, CCTV, vehicle detection equipment, and network communication
switches,
WP Signal is offering a Technical Maintenance Support Contract, WP Signal will provide
technical support for the City's existing traffic infrastructure for the defined term, which will
include existing traffic central management, local signal field controller operation, and
communication devices. WP Signal will ensure availability of a qualified representative will
provide troubleshooting assistance of the traffic central management system, and emergency
support 24 hours a day, seven days a week, Signal system emergencies are defined as a
condition related to the malfunctioning of the signal hardware or software that impedes normal
operation of the signal timing plans, such as going into flash, The work performed under the
Traffic Signal Engineering services agreement is proposed to include, but not be limited to:
evaluating and recommending traffic signal improvements; evaluating and recommending traffic
signal timing and coordination strategies; and implementing ITS applications features within
existing systems.
Contract Services Agreement between my ($ 20 f8
City of Dublin and ;V�leSterrt#?'bifiC';Slgtli] Exhibit A: Scope of Services
EXHIBIT B
COMPENSATION SCHEDULE
The not to exceed amount total for this agreement $105,000 is for the following technical
support and equipment supply:
Technical Support:
Year
Cost for Three Years
FY 18
- 21
$ 15,000.00
Equipment Supply:
Year
Cost per Year for Equipment
FY 18
- 19
$ 301000.00
FY 19 - 20
$ 30,000.00
FY 20 - 21
$30,000,00
Total Cost: $ 105,000.00
Invoiciina Requirements
All invoices shall be sent to City electronically, to the following email address:
i'Waccountin a..dL[blin.ca.c#ov and shall be sent to the attention of Accounting Staff. Each
attached invoice shall identify the assigned project manager, a contact for firm's accounting
representative, as well as the City project manager requesting the completed work.
Invoices shall be termed from the first of the month, through the end of the month, and shall be
submitted within sixty days of completion of each month, with the exception of invoices for the
months of May and June. May and June invoices, as well as all other outstanding invoices, shall
be due by July 15'h of that year.
Contract Services Agreement between Uu(y 18'01$
City of Dublin and UVstern (?'api#inSignal Exhibit 13: Compensation Schedule
idi 1e%Xtern Pnelrieo sigIME", Xdxdgc
d; 15890 FoothW Blvd.
San Leandro, CA 94;78
Ph: (510) 276 -6100
Owtflon Issued to:
City of Dublin Put
100 Chic Plate
Dabltn CA 945a
Ship To
100 Chic Plaza
Dublin, CA94568
Estimate
Date Issued:
YIPS EsUftlate S
3.'2312018
283x0
Contract Services Agreement between
City of Dublin and �lVestprnJPaciflc Signal
M
Exhibit B; Compensation Schedule
Requester
Eeliniator I Rep
Parrot Tome
FOB / Desisety Terms
06;daKhrn
Tian
Net 30
Factory
�- WPS item code
PttMUC
at =': '
Oty
Unit
Each ;
Total .
Consulting Senice Agretnr -t for Traffic Signal Control Syvtent
& Uttiimt itahyottation Sylent.
I YR Sutspott
Pdarity to Wcal write for nehmik com=nicafion, local
signal controllersofiw >Q.;gadATMS.erne and clientsof -m
3 .:
Yr
000:00
13,504.00
svppott Veadot %Zproside the rollouifi
.
24-hows a dayemargaocy usituma to Signal system
con ttow !flat an rdawd to the nr111tmc60DW of the signal . .
hardw9eorf offww e that inV*do,normalOpetallnnofthe! fa
timing plans. such a; going into LIM11 ..:
•dtiormumof (2) single day training sessions pu year to train
new staff 2nd prosidea`reftvrA- ei cotasc for ehjseagsUM
abta+dmamof(2)halR tiisih Per nanth for op- sitetechnical
. .
wpport
aS 1%ice 404%-Nyby persons trained and everientej in &
pml$ion of the specific hanspwtation services.
*Mtails of SaNiees prolided are descnbed in the Consulfin;
Serlices Agmeawat dw=Mt w5Jubit A - Scope of Runt"
Subtotal
Sites TAX (9.26 %)
Total
Contract Services Agreement between
City of Dublin and �lVestprnJPaciflc Signal
M
Exhibit B; Compensation Schedule
`1 v entexz xx 1P►aCSiiic F+ignal� LL.G
15890 Toothill Blvd.
Sau Leandro, CA 94578
Ph: (510) 276 -6100
Ouolation Issued to.-
City of Dublin pot
100 Cisic Plea
Dublin, CA 94563
Ship To
100 Civic Pura
Dublin, CA 9456S
Estimate
Date Issued:
WPS Estimate #
5.252015
25320
Page 2
Contract Services Agreement between
City of Dublin and Westeilf?aclfic ;Signal
Exhibit B: Compensation Schedule
Requestor
Estimator t Rep
Pay
FOB f DellYefy Temps
ObaidKlaan
Tim
Factory
W FS Item Code
": Product Description I
Oty
Uri
Each
Total
Sertrce
E[tra'wecpas visit, half dayratq for on-site technical support for
0
Ls
Sfi0.44
0.00
netnvii communication, local !ipW controller sof3n-aie, and
ATAfS senv and client soft we,
wLocal signal controller softctwe support include; basic
controller software setup, TSP soft-am actiratiou, logic and
pear pesconf eiva6an. (Loc2J infuvwfion licese not
included.)
Tletnoik Daiice sofhi- ae support includes deuce soft wa
configumfion, and rMiew and adlisewent ofcomanmicatioa
rising fcctaiious netm4- brand;
ATMS saver and client soft-An support incl das a;si:taue in
ATMS.now Client installation, datr3oping s5ttem's graphical
iuteifada and whip customize reports.
ATNISTrai�
Hai fDayen- sitetechaical training onA ASS.Tniaialaill
0
Ls
800.00
0,00
cwerU.P issofhtarcsetup ,databaseweandman4mlatiou,
custom report geuer3t1W and graphical M3P gentntion and
aninntion_ .. ..
Local Controller Training
Half - Rayon- 6teteclnical training oniocalinttlw ..ec6onsignal
0
Ls
S00.00
0.00
controller fining and coordination. Training nill covarbasic
controller bmduare and sofhtwe setup, preaniption andpriority
operational dlarma, troublesloofin& coordination and logic
configuntion
Subtotal
Sales Tax (9.211 %)
Total
Page 2
Contract Services Agreement between
City of Dublin and Westeilf?aclfic ;Signal
Exhibit B: Compensation Schedule
Weri;t46rrt iaaciric migixott T,aL.c�
t?' 15890 Foothill Blvd.
Snn Leaudeo, CA 94578
Ph* (510) 276 -6400
Ovotation issued to:
Cityo£DublinN1
100 Cirie Plaza
Thtblin, CA 9456S
Ship To
City o£lhiblia public Wot3;s
100 Civic Plaza
lyubluy CA 945 CS
Estimate
Oata lcsued:
WPS EsSmate
5q5 ?2418
28320
one -yeu YMraaW applies t0 nelvileuri, aad(YO) days to iepaved orreRubUed
item;. Visa & hK puchssing cards are accepted with a 4% comgaimce fe",
h£o >tdata sheQt spacifications ate atailable online at v%ww.np;ipAcom
Pago 3
Contract Services Agreement between
City of Dublin and 1Nestern :Paclficvigii
Exhibit B: Compensation
Requestor
EstimatorlRep
PaymentTemis
F0910erwwyTemts
ObaidKh=
Ton
1400
Factory
WPS Item Cade
Pmducl Oescripbptt
Oty
Urit
Each
Totui
1Iatwvrk l}et�e Trainitsg
HW 1}ry on -site tetbnkal b-4"ff 6a netncrk OemmLIDlcation
0
Ls
800.00
0.00
desires. Training uiti cover basic nEExark oienien; baidnme
and software setup for Adelis, Ethettrau ENCO \nand or .
K)izod &am3s
REVISED MAY25, 2018
Subtotal $I3,i00.00
SaleS TAR (925 %) P S0.00
Tt,is quotation L good for quanties listed above or g<oater, All estimates am
Total sls,sao.00
guateafeed Valid for at least (30) days. Except as debi]cd above, limited m!'6.
one -yeu YMraaW applies t0 nelvileuri, aad(YO) days to iepaved orreRubUed
item;. Visa & hK puchssing cards are accepted with a 4% comgaimce fe",
h£o >tdata sheQt spacifications ate atailable online at v%ww.np;ipAcom
Pago 3
Contract Services Agreement between
City of Dublin and 1Nestern :Paclficvigii
Exhibit B: Compensation
W+eebt+erzi ipackrkct IsIgIlL alt, Ymdz. C
15890 Foothill Blied,
San Leandro, CA 94518
Ph: (510) 276 -6400
Quotation Issued to:
100 Chic Plana
Dublin, CA 94568
Shp To
WOIL.,
100 Chic Plara
DuMiN CA 94568
Estimate
Date Issued:
WPS Estiatale #
5/13/2018
25720
Requestor I EsUnlalot l Rep I Paymni Terms I FO@ 1 Dafnrary Terns
OhWaKhw I Tan I A'et30 I Fictoty
WPS Item Code Product D on
escriph Q!Y tktit Each Total
Intalligmt Trvrrportalion S):tem (ITS) Ibti:Br pow Conau!6 -4 Senicv.
GS- 3 -PI'!
neeis
Contract
GRIDSI DMTXtehide Iaargine Video Detection Slstem(kFAMS)
Complete Smile Caniara, Stop Bar Dete:6on to iwkje:
!0) GRIDSZtART ultra-aide angle Es1e}4 cwnm pith sealed eaclomre,
GRMS\LWT PIN GS- 3.GA1.0
(1) GRMSAfART Processing Unit, Rack a Shelf Afouat with ht o exn>era
interflc% inclndes GRB)SADARTsofieare, GRIDSJLART PM GS -3•GS2
(1) GRMSNi T TS2 Connecoot Diit For GS•3 -GS2, includes SDLC
Connector. to be uted for TS2 4%irouments, PIN GS2 -TS2 -OPT
(1) SI)LCPALA Cable, 6tk, UTS PIN ll'PS SUC
(1) smirel bradel Camera M rating Hardwam n function box &
connabr, GRIDSIURTP1NGS4 -S\fC.
(t) OL•oa Cable Clamp, 2' to 7` elanvingdiameter. PIN SBC66•St3C-
(1) Vdoo DoWtion Camara Ifountins Aim Pole (90 depees), 58 ",
GRIDS1`fART PIN GS.3 -MS.
300' Uetectioo Comm C;ble, Bthemek Cat M 350,\Qv, Outdoor rated,
Direct BmiA CAD., Shielded, Gel, P1N CATS
So&siam, GRWSNMI Perfwuimce ")W% protides count,
classificatim and finning morenAnts, up3#in 'MEW }yu, crst pw
inter<..ectioo -NOMEDIA. Mfg, Ph\wGS3- PFht.(Optional) 304ry
etahution included at no thc-rge
Its Seko Inteese%4or
Ml
Contract Services Agreement between
City of Dublin and V'et'rr�:a�c_ifieSgtla
Subtotal
1
Pa 13,200.001 0.00
Sales Tax (9,28 %)
Total
Exhibit B: Compensation Schedule
VYQS�t�rnz 1t�aaci�ic t�igna, �.r�.0
15890 Foothill Hh•d,
San Leandro, CA 94578
Pit: (510) 276 -6400
Quotation Issued to:
Cisic Plaza
lur, CA 94565
Shp To
100 Cilia P"
Dublin, CA 94565
Estimate
Date lssued:
MS Estimate 0
5125!2015
25720
one )a r warranp appues to nea ttea13, rand (y0) d a }z to rePwe-d or r*hzWhcd
items. Lrisa & NVC purchasing cards am acceptedsvith a 415 a mvnieuce fee_
MOO data sheet specifications we available online at R6sysv.wpsi9rv3lCOm
Contract Services Agreement between
City of Dublin and W s ern Pacifibisl lad
Page 2
Exhibit B: Compensation
Requestor
Wmator / Rep
Payment Terms
FOB 1 Delivery Terms
ObaidKhan
Tim
9s<t30
Facto>a
WP5 Item Code
Product Description
Oly
t)nit
Each
Total
TC- CKI -SBE
ALcrorras+ etvhsalenahonaod presence lraclmLsen :or,haerector,AlS
1
Ea
52100.00
57100.00T
Sedco PIN TC%CKI.SBE to iwludz (1) NEbfA InterSce Board, PIN
TCIBA. .
Afounting Bracket
Rigid htormt Bracket w4adaptor for NIS Sedgo Inter -•e. W Radat Mount
1
Ea
110,00
l 10.00T
TCIB-t
MiA interface Board, D%W Vottaa•e, Single Slot, 4 Chumel, for
1
Fa
435.00
MOT
IntenswtorprMweSensor,P4 7t:M4
TCIPI.4 Wedor
POw @r Injector forintersedor sensor, NIS Sedco PWI MPH
I
Ea
750.00
7:0.001
Cats
Detection Conau Cable, Etbar E Cat 5E 350 \g¢7 Oat&m rated, Direct
300
Ft
0.98
294.00T
Burial, C?%K Shielded, Or1, PIN CAT5
Nehawk Commmicafion Devices
NU ODF
Ethernet Snitch, riber Based, Dual SFP sq kets,hiauzged 10011000B3se
1
Ea
13255.00
10285.00T
6"t mitds, DIN tat? mount, Actths PN 501KC4221
MASS
Ethernet Copper Bridge,Drop k Continue Unit, Nianapd 10 +100 4 -pod
I
Ea
22495.00
2,495.00T
swatch, 4•p* in and out, 4 onded copper, svIGNIP Snooping, Actelis
Networks 2,11658 Afeialight Modem
!fireless Commmicafion System;
Enoom E*Ute 5S INT...
5.6 Ghz Radio 300 5ps integrated dual polarity antaura. Includes: K551
2
Ea
21460.00
41920.00T
indicators and extra reet button, 502.3.at POE Injector and moan64
bracket Support; up to 100 nsHets of Cats cable hom POE injector to
Radio. Eucom PIN E-Lite 58INf HV
Allow 3.4 peals for delivery ARO
Subtotal S29,749.00
Tax (9.25 %) $2,751.78
This quotationis good for quaatiesUed2bo veor greater. All estiantesare
.Spates
Total
guaranteed valid for at teist (3 0) da)s. Except as detailed above, linited mfg.
$32,500.75
one )a r warranp appues to nea ttea13, rand (y0) d a }z to rePwe-d or r*hzWhcd
items. Lrisa & NVC purchasing cards am acceptedsvith a 415 a mvnieuce fee_
MOO data sheet specifications we available online at R6sysv.wpsi9rv3lCOm
Contract Services Agreement between
City of Dublin and W s ern Pacifibisl lad
Page 2
Exhibit B: Compensation