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4.2 Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118
Agenda Item 4.2 i m i • STAFF REPORT CITY COUNCIL DATE: May 2, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.FCT: Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118 Prepared by: William Wahbeh,Associate Civil Engineer EXECUTIVE SUMMARY: The City Council will consider approving an amendment to the agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge, CIP No. ST0118. STAFF RECOMMENDATION : Adopt the Resolution Approving an Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118. FINANCIAL IMPACT: As approved in the 2022-2027 Capital Improvement Program (CIP), the total budget for the Iron Horse Trail Bridge at Dublin Boulevard, CIP No. ST0118, is $14,004,439. The increased compensation of$375,000 proposed with the amendment can be accommodated within the existing project budget. There is no impact to the General Fund. DESCRIPTION : The Five-Year Capital Improvement Program (CIP) includes the Iron Horse Trail Bridge at Dublin Boulevard Project (Project), CIP No. ST0118. The construction contract for the bridge was awarded to Goodfellow Sequoia Joint Venture on March 1, 2022 (Resolution No. 18-22) and the bridge is currently under construction. The project is constructing a pedestrian and bicycle bridge structure, support foundations, and graduated ramps facilitating connection to the existing at- grade trail on the north and south sides of Dublin Boulevard at the intersection of Scarlett Drive. MNS Engineers, Inc. provides construction management and inspection services for the project. Due to several factors including but not limited to extended project design development time,bid document preparation, storm/weather impacts, and coordination with the adjacent Don Biddle Page 1 of 2 16 Community Park and Scarlett Drive Extension projects,the overall project duration has extended beyond initial estimates. Project construction is anticipated to be complete in the fall of 2023. On March 2, 2021, the City Council adopted Resolution No. 18-21 approving an agreement with MNS Engineers, Inc. for preconstruction review and support, construction management, and inspection services for the project. On March 3, 2023,the agreement was amended to extend the agreement term to the end of August. As construction is now expected to be completed in the fall and post-construction activities will occur beyond the one-year warranty period from construction completion, Staff recommends the agreement with MNS Engineers, Inc. be amended to extend the term to the end of 2024 and increase the total compensation to $1,325,000. This is a $375,000 increase on the overall agreement,with most of the expense related to the daily construction management and inspection services. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH : The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving an Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118 2) Exhibit A to the Resolution -Amendment#2 to Consulting Services Agreement Between the City of Dublin and MNS Engineers, Inc. 3) Agreement and Amendment#1 with MNS Engineers, Inc. 4) CIP No. ST0118 Page 2 of 2 17 Attachment I RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE AGREEMENT WITH MNS ENGINEERS, INC. FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT, CIP NO. ST0118 WHEREAS, on March 2, 2021, the City Council adopted Resolution No. 18-21 approving an Agreement with MNS Engineers, Inc. (Consultant) for Construction Administration, Inspection and Material Testing for the Iron Horse Trail Bridge at Dublin Boulevard Project (Project); and WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 18-22, awarding construction of the Project to Goodfellow Sequoia A JV and construction has proceeded; and WHEREAS, on March 3, 2023, the City Manager approved Amendment #1 to the Agreement with Consultant, extending the term of the Agreement to August 31, 2023; and WHEREAS, it has been determined that additional time will be required for the Project due to extended project design development, weather impacts, and coordination with the adjacent Scarlett Drive extension project and the Don Biddle Community Park project; and WHEREAS, the City of Dublin desires to extend the term of the Agreement through the Project post-construction phase, including the one year warranty period following completion of construction and acceptance of the project; and WHEREAS, the Consultant's services through the extended Agreement term and the Project post-construction phase are estimated to cost $375,000, which can be covered by the existing Project budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with MNS Engineers, Inc. attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution. {Signatures on the following page} Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 2 18 Attachment I PASSED, APPROVED AND ADOPTED this 2nd day of May 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 19 DocuSign Envelope ID:227273BF-646F-4FF7-82DF-190B1753072B ATTACHMENT 2 AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MNS ENGINEERS, INC. WHEREAS, on March 2, 2021 , the City of Dublin (hereinafter referred to as "CITY") and MNS Engineers, Inc. (hereinafter referred to as ("CONSULTANT") entered into a Consulting Services Agreement for Iron Horse Trail Bridge at Dublin Boulevard (hereinafter referred to as the "AGREEMENT"); and WHEREAS, on March 3, 2023, the City Manager approved Amendment No. 1 to the Consulting Services Agreement for Iron Horse Trail Bridge at Dublin Boulevard Project; and WHEREAS, the existing AGREEMENT will expire on August 31, 2023 and the not to exceed compensation amount is $950,000.00; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through December 31, 2024, by modifying section 1.1 of the Agreement; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to increase the not to exceed compensation amount to $1,325,000.00 by modifying section 2 of the Agreement; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to update the project schedule by modifying Exhibit B; 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, 2024, 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 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following: Page 1 of 3 20 DocuSign Envelope ID:227273BF-646F-4FF7-82DF-190B1753072B Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,325,000.00 notwithstanding any contrary indications that may be contained in the Consultant's proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant's proposal, 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. 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. 3) Exhibit B, the project schedule shall be rescinded in its entirety and replaced, attached hereto and incorporated herein as Exhibit B. 4) Except to the extent inconsistent with this Second 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 THE FOLLOWING PAGE Page 2 of 3 21 DocuSign Envelope ID:227273BF-646F-4FF7-82DF-190B1753072B IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date of the City Manager's signature below. CITY OF DUBLIN MNS Engineers, Inc. DocuSigned by: By: By: IA,i E28193138F8F4E5... Linda Smith, City Manager Greg Ghelini, Vice President Dated: ATTEST: By: Marsha Moore, City Clerk APPROVED AS TO FORM: By: City Attorney Page 3 of 3 22 EXHIBIT B Construction Administration, Inspection, and Material Testing �M Iron Horse Trail Bridge at Dublin Boulevard E /lri�l�f�l� ENGINEERS INC Project Schedule 2021 2022 2023 PHASE Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Pre-Construction $ 70,041.50 Constructability Review . . Advert,Bid,Award Am I Construction $ 976,710.00 Submittals On-Site Construction ' Project Closeout • $ 47,020.00 2021 2022 2023 TOTAL HOURLY TOTAL COST HOURS RATE Role Staff isJan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec PRE-CONSTRUCTION Construction Manager Tom Loomis,P.E. 18 8 2 22 20 2 0 19 34 44 24 14 207 232.00 $ 48,024.00 Contract Manager/Technical Support Thomas Fresquez,P.E. 0 232.00 $ - Utility Location Nathan Norwood 2 1.5 1.5 5 145.00 $ 725.00 Construction Inspector Chris McDermott,P.E. 32 8 10 25 10.5 5 0 22 12 3 127.5 167.00 $ 21,292.50 PRE-CONSTRUCTION SUB-TOTAL 0 0 50 16 14 47 31 7 0 41 46 47 24 14 0 0 0 0 0 0 0 0 0 0 1.5 3 0 0 0 0 0 0 0 0 0 0 339.5 $ 70,041.50 CONSTRUCTION Construction Manager Tom Loomis,P.E. 47 112 148 172 126 136 136 132 144 112 128 97 120 120 120 120 80 80 2130 232.00 $ 494,160.00 Construction Inspector Perry Hendricks 76 85 162 141.5 149 140 139.5 136.5 129 135.5 136.5 140 140 140 140 140 140 2270.5 158.00 $ 358,739.00 Office Engineer Marie Dunne 1.5 14.5 32 32 32 32 36 36 33 44 41 55 20 48 48 48 48 48 48 697 155.00 $ 108,035.00 Scheduler Said Najafi 13 1.5 2.5 4.5 2 4 3 7 2.5 2 2 4 4 4 4 4 4 68 232.00 $ 15.776.00 CONSTRUCTION MANAGEMENT SUB-TOTAL _ 0 0 0 0 0 0 0 0 0 0 0 0 0 2 62 233 267 369 304 323 316 308 332 285 321 256 312 312 312 312 272 272 0 0 0 0 5165.5 976,710.00 PROJECT CLOSEOUT Construction Manager Tom Loomis,P.E. 40 40 232.00 $ 9,280.00 Construction Inspector Perry Hendricks 80 40 40 160 158.00 $ 25,280.00 Office Engineer Marie Dunne 40 10 10 60 155.00 $ 9,300.00 Optional Warranty Inspection Perry Hendricks *Summer 2024 20 158.00 $ 3,160.00 PROJECT CLOSEOUT SUB-TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 40 40 0 280 = $ 47,020.00 TOTAL 0 0 50 16 14 47 31 7 0 41 46 47 24 16 62 233 267 369 304 323 316 308 332 285 322 257 312 312 312 312 272 272 120 40 40 0 5785 $ 1,093,771.50 Total Labor $1,093,771.50 Direct Expenses _ $1,093,771.50 Miscellaneous $ 15,593.71 DIRECT EXPENSES SUB-TOTAL $ 15,593.71 a Materials Testing/SpecialTesting/Special Inspection BSK $ 55,000.00 Source Inspection Alta Vista Solutions $ 36,602.00 Hand Rail Weld Inspection Alta Vista Solutions $ 10,000.00 $ 12,430.00 SUBCONSULTANTS SUB-TOTAL $ 114,032.00 !Sub Consultant&Direct Expense Mark-Up $6,481.29 STAFF AUTHORIZED OPTION (Steel Bridge/Welding Source Inspection) Source Ins.ection Alta Vista Solutions S 90,000.00 SUB CONSULTANTS SUB-TOTAL $ 90,000.00 Sub Consultant&Direct Expense Mark-Up $5,121.50 STAFF AUTHORIZED OPTION TOTAL 95,121.50 CONTRACT TOTAL, Base Contract+Staff Authorized Option B1,325,000.00 Original Contract= $950,000.00 $375,000.00 Notes: 1.Assumes 160 hours per month based upon 8 hour working days with no overtime. (except for June 2023 during bridge setting and deck pours) Inspector overtime(if any)will be billed at 1.5X 2.Based upon a construction NTP of March 2022 and a construction contract duration of 350 working days 3.Steel bridge will be a prefabricated bridge 4.Steel bridge submittal and Welding Quality Control Plan(WQCP)will be approved within 50 working days of NTP and fabrication completed within 180 working days after submittal approval. 5.Prevailing Wage(PW)rates subject to PW adjustments. 6.Direct costs and subconsultants to be billed at cost plus 5% Source Inspection/Welding/Steel Bridge Assumptions: 7.AWS D1.1/AWS D1.5 welding standards will be used 8.Assumes quality assurance audits of representative fracture critical welding under AWS D1.5 will be sufficient 9.Bolted connections will be used for vertical splices for top section of arch bridge 10.Assumes out-of-state quality assurance source inspection/audits can be completed for steel bridge fabrication in 42 working days within the 180 working day fabrication duration and minimal non-conformance issues. 11.Assumes no travel to out-of-state fabricator to witness Procedure Qualification Records(PQRs).Also assumes pre-fabrication meetings will be held via teleconference. 12.Source Inspection of"Other Materials"assumes 1 trip out-of-state for each item listed(i.e.anchor bolts,hoops,etc.) 13.Prefabricated steel truss manufacturer must hold AISC shop certification per SSP 55-2.01 D(2)(b). The AISC shop certification includes quality control and certification requirements. 23 Attachment 3 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MNS ENGINEERS, INC. FOR IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City')and MNS Engineers, Inc. ("Consultant") as of March 2, 2021 (the"Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shad provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A,the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on February 28, 2023, 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. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include"work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,"the services constitute a public works within the definition of Section 1720(a)(1)of the California Labor Code. As a result, Consulting Services Agreement between City of Dublin and [03/02/2021] MNS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 1 of 15 24 Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit D. 1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Nine Hundred and Fifty Thousand Dollars, ($950,000) 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. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement 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.; Consulting Services Agreement between City of Dublin and [03/02/2021] MNS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 2 of 15 25 • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • A copy of the applicable time entries or time sheets shall be submitted showing the following: a Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour a If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; • The Consultant's signature; • Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10%of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. 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, Consulting Services Agreement between City of Dublin and [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 3 of 15 26 unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed $70,044.14. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks,filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below 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. Consistent with the following provisions, 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, and that such insurance is in effect prior to beginning work. 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 or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all Consulting Services Agreement between City of Dublin and [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 4 of 15 27 insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these 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 California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 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. Consulting Services Agreement between City of Dublin and [03/02/2021] MNS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 5 of 15 28 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 (most recent edition)covering comprehensive General Liability on an "occurrence"basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shalt be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultants insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 4.3.1 General Requirements. 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 Consulting Services Agreement between City of Dublin and [03/02/2021] MNS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 6 of 15 29 not less than $2,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is 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 5 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 shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 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:VI I. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultants obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Consulting Services Agreement between City of Dublin and [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 7 of 15 30 Agreement. At the option of the City, either:the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit(i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of 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. This Agreement shall not be construed as an agreement for employment. 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 Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City's business; and is Consulting Services Agreement between City of Dublin and [03/02/2021] MNS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 8 of 15 31 customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. 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 Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall, at all times, exercise Standard of Care to comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's failure to comply with any law(s) or regulation(s)applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, 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, Consulting Services Agreement between City of Dublin and [03/02/2021] MNS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 9 of 15 32 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. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days'written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal,without prior written approval of the Contract Administrator. Consulting Services Agreement between City of Dublin and [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 10 of 15 33 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 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 Subsection 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$10,000.00, the Agreement shall be subject to Consulting Services Agreement between City of Dublin and [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 11 of 15 34 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 3 y'xrs after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement,the prevailing party shall be entitled to reasonable attorneys'fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement,the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest,"as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 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 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant Consulting Services Agreement between City of Dublin and [03/02/2021] MNS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 12 of 15 35 understands that, if this Agreement is made in violation of California Government Code Section 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 California Government Code Section 1090 et seq., and, if applicable,will be disqualified from holding public office in the State of California. At City's sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant's economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by 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: MNS Engineers, Inc. Att: Jim Scott 401 Grand Avenue Suite 200 Oakland, CA 94610 Any written notice to City shall be sent to: City of Dublin Att: Andrew Russell 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C and D represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule& Reimbursable Expenses Exhibit C Indemnification Exhibit D California Labor Code Section 1720 Information Consulting Services Agreement between City of Dublin and [03/02/2021] MNS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 13 of 15 36 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars($1,000,000.00)or more, by Consultant's signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a)of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE Consulting Services Agreement between City of Dublin and [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 14 of 15 37 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN MNS Engineers, Inc. OocuSPL.ned by: 33 LFF-V I] Lindam�t�l,44 pity Manager James Salvit , Pres' t Attest: 1000003564 (--O�cu5I ned by: Consultants DiR Registration Number Pi' 01 . Wice. �999r4ai 2eFgOr� Marsha Moore, City Clerk Approved as to Form: „DocuSigned by: *Ilk. 6r City Attorney 3070368.1 Consulting Services Agreement between City of Dublin and [03/02/2021] MNS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Page 15 of 15 38 EXHIBIT A SCOPE OF SERVICES See attached Scope of Services and Schedule Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Exhibit A—Page 1 of 1 39 EXHIBIT A SCOPE OF WORK INTRODUCTION This project will construct a Class 1 bicycle and pedestrian truss arch bridge over Dublin Boulevard near the Dublin Boulevard and Scarlett Drive intersection. The bridge will provide safer and easier Iron Horse Trail access,including access to and from the Dublin-Pleasanton BART station, and will connect two existing segments of the Iron Horse Trail, creating a total separation of bicyclists and pedestrians from motorized vehicles. Construction work will generally consist of miscellaneous clearing and demolition, cast-in-place footing construction, retaining wall installation, bridge fabrication and erection, ADA ramp and steel railing installation, trail lighting installation, and any associated paving work. The project's current engineer's estimate is between $7 and $8 million with an estimated project construction length of 240 working days.Project working hours are anticipated to be Monday through Friday with standard allowable working hours (approximately 7:00 AM to 6:00 PM). Special construction conditions may require Saturday, Sunday, and night work. The PS&E package is currently at approximately 95% completion and the documents are ready for constructability and bid process review. The City and its design consultant are currently finalizing the license agreement for construction work on Alameda County land. The Dublin Crossing Specific Plan Environmental Impact Report (DCEIR) Initial Study/Supplemental Mitigated Negative Declaration (IS/SMND) was approved by the City Council on April 7, 2020. Per the SMND, the DCEIR adequately addresses the potential environmental impacts for the project. However, the project must adhere to the requirements of the DCEIR. Construction permits are required prior to the start of construction activities. Per the DCEIR and IS/SMND,wetlands south of Dublin Boulevard were identified to be impacted by this project. As a result, Regional Water Quality Control Board, Section 401, Section 404, and any other permits noted in the DCEIR may be needed. Other construction related permits, such as an encroachment permit, will need to be acquired prior to the start construction work. Services Requested The selected team will provide professional and technical services to provide a pre-bid constructability review, perform bid support, conduct construction management, inspect construction work, and perform material testing for the Iron Horse Trail Bridge project under the supervision of the City of Dublin. The following services are required under this contract: • Perform a pre-bid 95% design constructability review of the construction documents. • Assist the City's Project Manager and Designer during the bid solicitation. 40 • Bid Evaluation • Construction Management • Coordination with the City,Contractor,Agencies, and Public • Public Works Inspection • Materials testing and Special Inspection • Project Closeout documentation SCOPE OF WORK The Scope of Services is intended as a guide to illustrate the minimum project requirements. Services During Pre-Construction: The Construction Manager will assist City Staff in the following: 1. Perform a review of the 95%design construction documents issued to the City for review and provide recommendations regarding feasibility of construction methods,current availability of materials and labor and time requirements for procurement. Identify materials or services that may have a long lead time and could impact to the project. 2. Review construction bid documents and provide written comments to the City for incorporation into the bid documents by addendum if necessary. 3. Work with the City to develop strategies to generate market interest in the Project. 4. Take the lead in managing the bid process including receiving bidder's questions, distributing information to the Owner and their consultants,issuing bid addendums,analyzing bids and ultimately make a recommendation of award to the City Project Manager. Provide documentation and substantiation to allow staff to gain Council approval of award. 5. Take the lead in managing the Section 404,and Section 401 permits,as required by the DCEIR and state and local agencies and acquiring and managing the RWQCB as required by the DCEIR and state and local agencies. 6. Maintain an electronic project management filing system on the City's network using the Microsoft Office Suite. 7. Work with and provide project specific construction recommendations to the design team. Review and provide comment on the construction logistics plans produced by the design team. Services During Construction: The Construction Manager will represent the City during construction of the project.The Construction Manager will perform the following specific services: 1. Coordinate the efforts of the engineer,contractor,local agencies,and City to ensure proper communication and progress of the project. Act as liaison to the City through the City's Project Manager. 2. Schedule,direct, and supervise the Project Inspector. 3. Coordinate all required testing services and review testing reports and materials testing personal. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule: 41 5. Review,evaluate,and furnish recommendations to the City regarding contractor's performance,construction schedule and any other matters related to compliance with the contract. 6. Provide a daily log of events and activities to secure the City's interests and monitor work accomplished in accordance with the contract. 7. Review, track, and assist in the preparation of responses to Contractor RFI's. 8. Review, track, and assist in the review of Contractor submittals. 9. Review and track certificates of compliance and product submittals for conformance to the project Special Provisions and/or Caltrans Standard Specifications and Plans. 10. Provide a weekly and monthly update outlining project status, schedule, submittals,RFI's, and change order issues. Include pertinent photos or supporting documents. The report should include an analysis of any potential delays and their actual relevance.The report should be suitably formatted to share with the City Manager's Office. 11. Review and furnish contract correspondence,minutes of meetings and directives to be issued to secure the interests of the City. 12. Review and make recommendations regarding payments to contractor including Change Orders,when applicable,and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope. 13. Attend all construction-related site meetings with the City's representatives, contractors,and other meetings between related parties as required. Maintain separate notes on such meetings.Assume a minimum of one (1) meeting at the project site each week for the duration of the project within your base proposal. 14. Verify that the Contractor complies with the requirement of the State of California Notice of Intent (NO1) requirements. 15. Assist with providing any information to the City Departments, as required. 16. Oversee the general contractor and subcontractor's scope of work to ensure the General Contractor is providing proper site supervision and coordination for the execution of the project work. 17. Identify potential claims and make recommendations to resolve them. 18. Upon completion of the project work,provide a punch list review and recommendation of Project Acceptance. 19. Upon completion of the project work,review all the Contractor's final submittals to ensure their compliance with final project close-out requirements. 20. Prepare documents for the periodic reporting of grant funds and billings. The Project Inspector will represent the City during construction and report to the Construction Manager. The Project Manager will perform the following specific services: 1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans and Specifications. (assume minimum of 40 hours per week for this task) 2. Provide inspectors daily report of events,manpower, and activities so as to secure the City's interests and monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated into the report. 3. Take digital photographs and digital video tape recordings of the construction progress on a regular basis,including pre-construction conditions within the project limits 42 4. Collect material tags and verify materials on site meet project specifications and project submittals. 5. Issue Weekly Statement of working Days. 6. Maintain a redline set of as-built plans and specifications. 7. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a quantity bid sheet for each bid item of work. 8. Assists the Construction Manager in review and recommendation of progress payments. 9. Track and document Time and Materials work issued to the Contractor. 10. Working with the Construction Manager and other agencies and permit holders to issue a project punch-list. Material testing and Special Inspection: 1. Sub-grade and base compaction,gradation,and compaction curve. 2. Portland cement concrete strength and slump. 3. Asphalt concrete compaction,gradation, compaction curve,asphalt content. 4. Rebar inspection. 5. Welding and shop fabrications of steel components not covered by the bridge manufactures Quality Assurance Program. (as required under City authorized source inspection option) 6. Bridge footing piles. 7. High strength bolting. 8. Any other items designated by the Engineer of Record requiring full time observation. Post-Construction Services 1. Provide marked up construction record drawings (as-built drawings) for designer completion. 2. Coordinate and prepare final progress payment. 3. Provide final inspection services and project closeout activities including preparation of final construction project report and other documents required by Alameda CTC,BART,and resolve all contractor claims,if any. 4. Resolution of all contract issues,warranties,bonds, etc. 5. Turn all construction documents over to the City of Dublin. Resources Office Space—The City of Dublin will provide office space for the Construction Manager at a City facility that will include the following: desk,computer terminal,desk phone,and shared printer and copier.The project inspector could use the facilities provided to the Construction Manager if the Construction Manager would allow,but separate amenities will not be provided for the inspector or materials tester. Consultant Provided Equipment—Consultant shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade,etc. necessary for the project team to successfully complete the project. 43 I JD !� )2 n in \ a ƒ\ / k§ 2 f J / 0- § }[ = ; la $ 0 k § < \ § . a U% j 2 k fa ) % \ q .5 ' �! a I © m . � - $\ � } �I - at on ƒ_ } k / § e LA cr, my as. o e � te ; 2 › u >, >1 k2 E -a t G - e & ® en x , | - ° �� �� - } ) ' N a4 R >. &, -� G .0 13 in in t ix f ' ) f 13 G - �$ _ » - 2 - i © 0 | & § k& % E �G =0- A * )- § 3 g . ] ¥ S / \ 2 t �\ m q & 2 § / " CD to }\ im \ \ \ \ \ \ \ \ - / / ' \ ry _P & s q > q $ _ co E }o ) - _ - § _ - a 3 vi & 2 co \ \ .5 \ \ / \ ) ) j j \ \ - \ ( \ © - ( 2 - / ) & j \ E ) ) \ @ ro 0 w CO j \ § \ / j 03 O. / \ @ w _ « _ en — , w w 44 EXHIBIT B COMPENSATION SCHEDULE&REIMBURSABLE EXPENSES See attached Compensation Schedule & Reimbursable Expenses Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Exhibit B—Page 1 of 1 45 3 :8 8 8888 88$ _ .888 - - ' .§ 8$; 8 f$ Nz Y � ^A. ' �q ti - $� Rom 4. _ L' i4 s i 4 . F ... „ ,. .,. .. . El. 1§ .;1 �q ~S - o .. f. 40 C] / I n '4 3 9 Eli 0 ea cs k 4- - R. -2 F si F . i 1 8-= g cm 79 w �. E C e 1 a !n F CZ c i - o2 E a au0'— at m rQtap g �R- a 5/ a pmY m g a, _ n x 5 4g $F aU 1 N � — N m i,4 g�R eE B m a a= a 4 9 dm3 09 £ , iaE a g f.,— , _ ) — ---, ai S Mgd_ N $� - a gv C I" 5 U a 4$is o c,R 'm 8 mtsla ee N 4� 4m8 { 4 ;r---— e $ n s` Law 3a ` = gq 5 L N a 6 a Y 31 i$ E E 4 d5 _ E - 1 m 2 ; v c n n" 333 .Q C 4 1232 2 of8 x u lc) u` mc4s t 5 0 m 2Ej8_ c 2 g ,r_ W a �e 3 E m a Q p s n a _¢Tar 1 q S 1 1j s § w a Q g@ g,a 9 0 6 4 k a - F w n 8 "o 51 a8 1Pi2 r § Ii Rig i'T 46 g R. P 150)1Y:Oe e, c 1 ! M1 !.2) a e 1 ry r .. ' $ g $ m e m w 0 5neN $ 3 ee Ir, � n0000 S` E m 3 3 ...or)nano vampny a m :. ... ., .. ., a s u g Ei '�° col a2 cmv' o v m o . m e a o H n ;1 n ry a .. c o s » e v s is sasuadx3 laailq w v a o e : a e e v „ iI N s o syadx3 lnryy,ay g e a v o a v a e v i.., U - i"' ,vnadsul 11 l.01 g - - - C v e a v e a v e o O {I]dI aia+]uC]35e0Ohl 111 G.) o 41 F - - . _ - . ' 1 V, CU ioeadsul g CC 6"ui to HINna7 i s a C -, a v e a a C C '6 '^ ro ._c hmal+onadsul 8 p 8u!plam gagli+a]Smv v e a R. o c o 'a o c e o m $ Z re ti .n p a s g 1 Q n ioadsul 1I yna}JNW g . e a o o a a v v v y 1.ix4 , 7� S SO +onadwl E o a e w a a e a e a CC ,aluaS 11 lanai lN$Y M N m 8 mnadsuiup anai Irysy g e . _ .. a o e a a e o 4 w W C PO aaulsu3 S E -I-,'' slFua�of iu¢islssq ,ri 00 o e o c o - o e ry o v v o v __ e e . » 7'7 2 N a C,s5 h __- CZLSf O g V aau18u3 slruaIuyy- � , a a .. o r_ ,.v a .-, ry ti .+ -, o a e ,. w aev Xae2 tel _ lu i Zi ,m I1 a to '2 a V Ca m C_ a y 1'C L .w _ o i n 2 J o illi fi - VI ax. , o 7 a c F In 2 tii.III ! JII1 ! ii1 c ro z O z n.a a s W w i i 1y ED ro * �. -1 y »I n. N�+., a N e n w "; a a m F a N C 47 399 Lindbergh Avenue IS"11"}( Livermore, CA 94551 P 925.315.3151 ASSOCIATES F925.315.3152 www.bskassociates.com Materials Testing and Special Inspection Estimate City of Dublin Iron Horse Trail Bridge-Revised 02/05/2021 CIVIC/SABO* HOURS PAT/. FxTHY6TOAl Group 2 Special Inspector(Special Inspector/Source Inspections) 40 $135.00 55,499.00 Group 3 Engineering Technician(Soils/HMA) 240 5123.00 529,520.00 Group.1 Technician(Concrete Sam piing/Sample Courier(Pickup/Transportation) 120 5107.00 S12.840.00 lames It.A use r,PE 15enior Materials Engineer) 10 $171.00 51,7/0.00 Tim Rodrigues(Project 1st an age r) 10 5204.00 52,040.00 Michael Aibbey/Omar)Shan-Project Professional I(Assistant Project Manager) 10 5171.00 51,7I0.00 Veronica Roger•Project Administrator 10 595.00 5950.00 RanJitaSummon-AdministrativeAssistant 10 550.00 5500.00 Prevailing Wage Administrator 10 i 586.00 5860.00 Fr6LD sutviCE$ESTIMATE 555,530.00 MCIIIVRON OF ITEM FREQUENCY QUANTITY UNIT COST TOTAL. Equipment Charges Nuclear Gauge Equipment Fee 1 per Day 30 558.09 52,740.00 D8SCR1rR0WOFITE►N FREQUENCY QUANTITY UNIT COST TOTAL. Soils Testing-Imparted Borrow/Structural Bad di Moisture-Density Curve(ASTM D1557) 1 per source,min 2 $259.00 55L8.00 Sieve Analysis of Soils{ASTMC117 and C136) 1 persourte,min 2 5176.00 5352.00 Plasticity Index 1ASTM043181 1 per source,min 2 5227.00 $454.00 RValueoI Solis(CT 30t) 'per source,min 2 $41/.00 5822.00 Soils Testing-Aggregate ease Moisture-DensityCurve(ASTMD1557( 1 per source,min 2 5159.00 55.8.00 R-Vaiuenf Soils[CT301) 1 persource,min 2 $411.00 5822.00 Sieve Analysis of Soils(ASCMC117 and C136) 1 per source,min 2 5176.00 5152.00 Sand Equivalent[AASHTO T1761 1 per source,min 2 5130.00 5260.00 Durability Index(AASHTOT2101 t per SOU rce,min 2 5259.00 $5/8.00 14MATesting Sieve Analysis-3 Bin Samplts{AASHTOT271 1 per 750 tons 3 5344.00 51.032.00 Sand Equivalent IAASHTDT1761 I per 7S0tons 3 5130.00 5390.00 Moisture Content(MSHTOT255) 1 per 750 tons 3 545.00 5135.00 Percent Crushed Particles(AASHTO71351 1 per 10,000 tons 1 S171.00 $171.00 LA Rattler(AASHTO T96) 1 per 10,000 tons I. 5297.00 $297.00 Fiat and Elongated Particles{AASHTO D4791) I per 10,000 tons 1 $130.00 5130.00 Fin eAggregafe Angularity(AASHTOT3O4) 1 per 10,900tons 1 584.00 584.00 Asphalt Binder Content(AlSHTOT3081 !per 750 tans I 5232.00 5928.00 Asphalt Binder Correction Factor IAASHTO3081 i per mix I 5297.00 5297.00 HMA Moist are Content KCTM370) 1 per paving day 3 568.00 $204.00 Theoretical Maximum DensityACTM309) I per 750tons B 5259.00 S777.00 Gyratory Specimen Compaction 1 per 4,000 tons 1 5347.00 5347.00 Specific Gravity of Cam pactedSpecimen/Air Void Content 1 per4.000 tons 1 $159.00 5159.00 VMA/Dust Proportion(SP-2} 1 per 10,900 Ions 1 $303.00 $103.00 HMA Core Unit Weight/Bulk Specific Gravity{CTM308) 2 per paving day 6 $159.00 5954.00 H ambit rgWheel Track(AASHTOT34) 1 per 10,000 tons 1 $2,726,011 52,726.00 Moisture SusceptibilitylAASHTO12831 1 per 10,000 toms 1 51,136.00 51.136.00 Concrete/Rebar Testing Cellular CancreleCo trip ressiveSt rang'h(set af41 2 sets per day 8 $141.00 51,128.00 Concrete Compressive Strength Test(set of 4) I set/I00 CY 15 5141.00 52.1/5.00 AggregateGraeatira n-Coarse and Fine ICTM 202) I tel/day 15 5172.00 52,580.00 Cleanness Value(CTM227) 1 set/day 15 5187.00 52.805.00 Sand Equivalent{CTM217) L set/day 15 5130.00 51,950.00 Rehar Tensile/fiend Testing I per 10tons 20 $153.00 53,060.00 LABORATORY TESTING ESTIMATE S29,061.00 TQTAL BUDGETESTIMAT1 $05.3941.00 Environmental,Geotechnical,Construction Services,Anatytical Testing-An Employee-Owned Company 48 Abe Construction Services, Inc. 5111 Doolan Rd Livermore, CA 94551 Phone: 925-944-6363 Fax:925-476-1588 Email: SA.ACS@ATT.net September 29, 2020 Estimate for CIDH Pile Testing Services GGL (Gamma-Gamma Logging) Iron Horse Trail Dublin. CA Attn: Andy Kleiber MNS Engineers Scope: Perform GGL on 26 CIDH piles @ 24"x—49 ft Average Length w/ 2 tubes/pile and 4 piles i 36"x-68 ft w13 tubes/pile as summarized in the attached quantity sheet provided by client. Assume 2 trip to site and 2 reports with 1 abutment and 3 Bents tested per trip. QTY. DESCRIPTION RATE 1 UNIT COST GGL FIELD TESTING 26 GGL or CSL field logging charge (24" Piles) $200.00 /pile $5,200.00 4 GGL or CSL field logging charge (36" Piles) $410.00 /pile $1,640.00 0 Minimum daily field charge (regardless of logs/day) $1,200.00 Iday $0.00 0 Weekend or holiday premium charge $400.00 /day $0.00 REPORT/ANALYSIS/ ENGINEERING/ADMIN CHARGES 2 GGL or CSL Test Report submittals $600.00 /each $1,200.00 0 Engineer for meetings,standby at site, pile mitigation, $200.00 Ihr $0.00 safety training, Railroad/train standby 0 Certified Payroll Reports (If Required) $150.00 1 each $0.00 TRAVEL/ MOB EXPENSES 0 Overnight charge for consecutive test days $150.00 /night $0.00 2 Equipment Mobilization/vehicle/travel costs $100.00 /trip $200.00 Total Estimate $8,240.00 Notes & Terms: a)At least 7 days notice; the job may then be postponed with 24 hrs notice if necessary without charges. If we receive less than 7 days notice, additional mobilization expenses may be negotiated. b) Standby charge of$200/ hr will be charged if engineer must wait for access to piles for testing c)Working conditions for our engineer which conform with OSHA requirements AND SAFE ACCESS TO PILES This quote is valid for 90 days. d) All PVC inspection tubes must be BLOWN DRY PRIOR TO TESTING AND SOUNDED WITH A DUMMY PROBE TO ENSURE THE TUBES ARE CLEAR AND STRAIGHT. THE DUMMY PROBE MUST BE A 54-INCH LONG BY 1.25-INCH PIECE OF STEEL PIPE AND PASS FREELY FROM TOP TO BOTTOM OF EACH TUBE. e) Quote assumes ACS insurance per attached certificate is acceptable as-is. f) Quote assumes that ACS is charging lump sum per test under a subcontract agreement as a non-A&E service providor not subject to 101-I or safe habor rates and that client will list ACS as a direct cost vendor rather than a sub- consultant/ sub contractor, and that FAR Title 48 &49 requirements do not apply to ACS. Please sign below indicating you accept the above rates and terms and agree to pay in full within 30 days of receipt of invoice. Please return signed dote by fax. This quote is valid for 90 days. Company Date Print name & title Signature 49 Abe Construction Services, Inc. CIDH Pile I GGL Quantities September 29, 2020 Iron Horse Trail Location Diameter Number of Embedment Tip El. B.O.F. El. Pile Length Piles into footing Abut. 1 24 4 289.0 328.0 0.8 39.8 Bent 2 36 1 263.0 335.5 - 72.5 Bent 3 36 1 263.0 335.3 - 72.3 Bent 4 24 9 276.0 328.0 0.8 52.8 Bent 5 24 9 277.0 328.0 0.8 51.8 Bent 6 36 1 270.0 332.0 - 62.0 Bent 7 36 1 268.0 332.0 - 64.0 Abutment 8 24 4' 290.0 332.0 ' 0.8 42.8 , TOTAL 30 50 isO71ViO1 0 0 ilc ,f, $ . w, S; ;P m S 8 0 0 0 0 w fl N w .. . . L P N ro a O r- F „ L_ f aeH 0 0 i 0 0 0 0 0. 0 0 0 ❑ 0 0 0 0 0 0 L y io ID qei pail Pareleqs3 - 0 v . a r z c?,- V 4. w W IS V m " g g s o P P P P P_ inPH P P N ,y Q m ' Q 4 P O CC a_ m c m w N 1 1 0 0 R U S o ! 8 S ❑ {$�sasuadx y�a.ga .n e P N N P o 0 P c m l c 1-2 y0 u y -a suadx3 lenuypai g 0 o 0 0 0 0 0 0 0 N 8�e *e �I- 88g D . H . G G G G -C muadsul II lanai 70 aIa0I QJ ysa7-aid 10 a 0 0 0 c 0 a a a yiopadsul N 0 0 0 0 0 0 0 0 in III lana7 37YN Ol _. . . _ 4 03 L. u E 2 CIAtol imadsul o P 0 0 P o o P ,,.T.9 11 N 0 HulpJaNV MAW]SMtl F Ir a e LU 3 `u -re CI:a' m.� ' N h s F'� c 1asaadsul II lanai iNyy 0 0 0 0. 0 0 00 w aL4Vo3 ❑ V H 0 ac�,wza`gg 5 - . eoo8 j P P ❑ ' o g $G G P • V) Jouad MI ui 8 0 0 0 0 0 0 0 o [Q .5.5 Il lanal 1N V '^ '^ H N _ . 1 [4 8 +A io»adSUI III Ianal INSAF P P o �. N .00 00 N Q 4 Y=6 iaaul8u3 +'' slsliampi lueislsstl o o - w -a n P o P P V V 'W° VI C G C N 4 %4t. . 0 `r`t = iaaul8u3 sleua�eyy 0 0 0 0 o in , 0 o 0 0 I on .-I 0 I— VI c N z o a u a c O ti a. O m c 1 d = _ o ro 2 a r rIII co 0. a 6 I Ya3 g 4. in C• ` N -. x L, ro a m ok ``, 6. c ra k r. 0 O . 0 i s 13 C v m . - a_ _� ' e S o c w T f. . g LL `„ m A i i- E L , 5 `r m � o L cn Q I. E tl r _ r r c . N 2 ix `I 2 < • x a s E H S ° N t S.L 0 " 8 It co 0 Q f w N .5 .., .n r.a M .n �., Y v c V v Y1 b n W Y Q_ O. cam/] ~ 2 t ry 0 51 EXHIBIT C INDEMNIFICATION A. Consultant shall,to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant's work under this Agreement. B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City(including its elected officials, officers, employees, and volunteers)from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault. C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City. D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights,trade secrets, trade names, trademarks, service mans,or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant's services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault. Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Exhibit C—Page 1 of 1 52 EXHIBIT D PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815,which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. C. The Consultant and its subcontractors shall forfeit as a penalty to the City$25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2,the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages,or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Exhibit D—Page 1 of 3 53 prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor,the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: 1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records. 3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages,the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice,worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Exhibit D—Page 2 of 3 54 Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. D. In accordance with California Labor Code Section 1777.5,the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such)for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person.The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 3070368.1 Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021] MISS Engineering, Inc.for Iron Horse Bridge at Dublin Boulevard Exhibit D—Page 3 of 3 55 DocuSign Envelope ID:C033COAA-1F54-48B8-88A2-A79C859E4EF8 AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MNS ENGINEERS, INC. WHEREAS, on March 2, 2021, the City of Dublin (hereinafter referred to as "CITY") and MNS Engineers, Inc. (hereinafter referred to as ("CONSULTANT") entered into a Consulting Services Agreement for Iron Horse Trail Bridge at Dublin Boulevard (hereinafter referred to as the "AGREEMENT"); and WHEREAS, the existing AGREEMENT will expire on February 28, 2023; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through August 31, 2023, by modifying section 1.1 of the Agreement. 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 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 August 31, 2023, 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) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 3) 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. 4) 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 THE FOLLOWING PAGE Page 1 of 2 56 DocuSign Envelope ID:C033COAA-1 F54-48B8-88A2-A79C859E4EF8 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager's signature below. CITY OF DUBLIN MNS Engineers, Inc. ByrDocuc �ed by: DocuSigned by: i �� By: (,A,t,�,,LA iIIIIIIIIOCrrCOddEO. F3E5 Linda Smith, City Manager Greg e�ini, Vice President Dated: 3/3/2023 ATT[ESD6ouD7oo1cBsigned by: By oB ri out/ VV[o & raoA.. Marsha Moore, City Clerk APPROVED AS TO FORM: 4DocuSigned by: By: 11338®EBU 4�3... OIty Attorney Page 2 of 2 57 Attachment 4 Number— STOI 18 IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD Program — STREETS PROJECT DESCRIPTION This project provides for the planning,design, and construction of the Iron Horse Trail bridge for bicycles and pedestrians over Dublin Boulevard. The project will construct a truss arch bridge consistent with the Iron Horse Trail Feasibility Study and preliminary bridge design,approved by the City Council on November 7,2017. The bridge will provide safer and easier trail access,including access to and from the Dublin-Pleasanton BART station. The Alameda County Transportation Commission (ACTC) approved an allocation of$1,294,000 of Measure BB discretionary funds in Fiscal Year 2017-18 for the bridge design and environmental clearance. On June 17, 2019, ACTC approved additional funding in the amount of$4,751,000 of Measure BB and $856,419 of Transportation for Clean Air funds for the construction phase of the project. The project will also receive funding of$1,000,000 for construction from a Developer contribution from the Boulevard Project. Fall of 2020, BART approved $1,500,000 of Measure RR Safe Routes to BART Grant for the construction phase of the project. Construction of the project was awarded by the City Council on March 1,2022 and is anticipated to be completed in summer 2023. The$600,000 identified as "Other"is from the Tri-Valley Transportation Development Fee. ANNUAL OPERATING IMPACT: $50,000 MANAGING DEPARTMENT:Public Works 2022-2027 CAPITAL IMPROVEMENT PROGRAM PRIOR 2021-2022 I FUTURE ESTIMATED COSTS YEARS BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 YEARS TOTALS 9100-Salaries&Benefits $58,373 $97,087 $155,460 9200- Contract Services $982,791 $1,436,749 $2,419,540 9400-Im.rovements $10,816,979 $600,000 $11,416,979 9500-Miscellaneous $4,960 $7,500 $12,460 TOTAL $1,046,124 $12,358,315 $600,000 $14,004,439 Streets srt City of Dublin Capital Improvement Program 2022-2027 Page 69 58 PRIOR 2021-2022 FUTURE FUNDING SOURCE YEARS BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 YEARS TOTALS 2201 -State Gas Tax $12,325 $832,715 $845,040 2204—Measure B Sales Tax— Local Streets Fund (ACTC) $51,008 $536,972 $587,980 2205—Measure B Sales Tax—Bike &Pedestrian Fund (ACTC) $17,332 $382,678 $400,000 2207—TFCA/Transportation for Clean Air $856,419 $856,419 2214—Measure BB Sales Tax— Local Streets Fund (ACTC) $400,000 $400,000 2215—Measure BB Sales Tax— Bike&Pedestrian Fund (ACTC) $300,000 $300,000 2217—Measure BB Grants $801,986 $5,243,014 $6,045,000 2218—Measure RR Safe Routes to BART _ $1,500,000 $1,500,000 2220—Road Maint. &Rehab. Account (RMRA) $163,482 $806,518 $970,000 4301 —Eastern Dublin Transportation Impact Fee $500,000 $500,000 4401 —Dublin Crossing Fund $1,000,000 $1,000,000 9997—Other $600,000 $600,000 TOTAL $1,046,124 $12,358,315 $600,000 $14,004,439 ANNUAL OPERATING IMPACT $50,000 $50,000 $50,000 $50,000 Streets City of Dublin Capital Improvement Program 2022-2027 Page 70 59