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HomeMy WebLinkAboutReso 71-16 Dougherty Road Improvements RESOLUTION NO. 71- 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AWARDING A CONTRACT FOR PROJECT NO. ST0911 TO DESILVA GATES CONSTRUCTION, LP. AND APPROVE AN AGREEMENT WITH S&C ENGINEERS INC. FOR THE DOUGHERTY ROAD IMPROVEMENTS WHEREAS, the City Council of the City of Dublin on March 1, 2016, approved the plans and specifications and authorized bidding for the Dougherty Road Improvement, Project No. ST0911; and WHEREAS, the City of Dublin did, on April 28, 2016, publicly open, examine, and declare all sealed bids for doing the work described in the approved Plans, Specifications, and Modifications for Project No.ST0911, Dougherty Road Improvements, which Plans, Specifications, and Modifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the Public Works Director, who has recommended that the bid hereinafter is the lowest and best bid for doing said work; and WHEREAS, the City went through a Request for Proposal (RFP) solicitation process and selected S&C Engineers, Incorporated to provide construction management, inspection and material testing for the project. NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE to approve the Agreement with S&C Engineers, Incorporated, attached hereto (attachment A) and authorize the City Manager to execute the Agreement to include base bid services and optional services as approved by City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby award the Contract for Project No. ST0911, Dougherty Road Improvements, to the lowest responsible bidder therefore, to wit, DeSilva Gates Construction LP., at a bid of Eleven Million, Seven Hundred and Seventy Seven Thousand, Seven Hundred and Seventy Seven Dollars and sixty Cents ($11,777,777.60), the particulars of which bid are on file in the Office of the Public Works Director. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or his designee to approve the project Contract Change Orders based on the appropriated funds designated for Project No. ST0911 up to the contingency amount of$2,356,000. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 17th day of May, 2016, by the following vote: AYES: Councilmembers Biddle, Gupta, Wehrenberg, and Mayor Haubert NOES: None ABSENT: Councilmember Hart ABSTAIN: None d✓ 1 ayor ATTEST: afrp ;12t City Clerk Reso No. xx-16,Adopted 5-17-16, Item 4.7 Page 2 of 2 Project Name: Dougherty Road Improvements Project No. ST0911 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND S&C ENGINEERS, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and S&C Engineers, Inc. ("Consultant") as of May 17,2016. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A,the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on February 28,2018, the date of completion specified in Exhibit A,and Consultant shall complete the work described in Exhibit A prior to that date,unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement,as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City,in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons,Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,550,000.00,notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal,attached as Exhibit 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 (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 1 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently,the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices,not more often than once a month during the term of this Agreement,based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • Serial identifications of progress bills;i.e.,Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount,the amount of prior billings, the total due this period,the balance available under the Agreement,and the percentage of completion; • At City's option, for each work item in each task,a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work,the hours spent by each person, a brief description of the work,and each reimbursable expense; • The total number of hours of work performed under the Agreement by Consultant and each employee,agent,and subcontractor of Consultant performing services hereunder,as well as a separate notice when the total number of hours of work by Consultant and any individual employee,agent, or subcontractor of Consultant reaches or exceeds 2,000 hours,which shall include an estimate of the time necessary to complete the work described in Exhibit A; • The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed,and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 2 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 2.3 Final Payment. City shall pay the last 4% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice,if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement,unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's Proposal. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8,the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense,provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section,and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space,as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity,and time of furnishing (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 3 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges,vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,Consultant,at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement;or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self- insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as required by this Agreement,City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to City of such cancellation,change, or lapse. 4.1 Workers' Compensation. Consultant shall,at its sole cost and expense,maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,Consultant may rely on a self-insurance program to meet those requirements,but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees,and volunteers for loss arising from work performed under this Agreement. (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 4 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail,return receipt requested,has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended,voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant,at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used,either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury,including death resulting therefrom,and damage to property resulting from activities contemplated under this Agreement,including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 ("any auto"). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees,agents,and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant,including the insured's general supervision of Consultant; products and completed operations of Consultant;premises owned, occupied, or used by Consultant;and automobiles owned,leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis,and not on a claims-made basis. (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 5 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers,and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers,employees, agents,and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail,return receipt requested,has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended,voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant,at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MTT.1-ION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended,voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail,return receipt requested,has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work,so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 6 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 right to exercise,at the Consultant's sole cost and expense,any extended reporting provisions of the policy,if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements,upon a determination that the coverages,scope, limits,and forms of such insurance are either not commercially available,or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 7 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced,limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required,City may, at its sole option exercise any of the following remedies,which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment,until Consultant demonstrates compliance with the requirements hereof;and/or • Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers,agents and employees against any and all suits, claims or actions arising out of any injury to persons or property,including death,that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions,suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense,satisfy and discharge the same. Consultant's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 8 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by,the insurance obligations contained in this Agreement. In the event that Consultant or any employee,agent,or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend,and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees,agents, or subcontractors,as well as for the payment of any penalties and interest on such contributions,which would otherwise be the responsibility of City. Consultant/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule,regulation,law, or ordinance to the contrary,Consultant and any of its employees,agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to,and hereby agree to waive any and all claims to, any compensation,benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied,pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law, The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 9 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 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,religion,color,national origin, age,physical or mental handicap or disability, medical condition, marital status,sex, or sexual orientation, against any employee,applicant for employment, subcontractor,bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state,and local laws, policies,rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting,and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days'written notice to City and shall include in such notice the reasons for cancellation. In the event of termination,Consultant shall be entitled to compensation for services performed to the effective date of termination;City,however, may condition payment of such compensation upon Consultant delivering to City any or all documents,photographs, computer software,video and audio tapes,and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may,in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 10 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 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. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included,but not be limited to,the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans,specifications, drawings,reports, design documents,and any other work product prepared by Consultant pursuant to this Agreement, 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant, or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 11 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 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 three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection,audit, and/or copying at any time during regular business hours,upon oral or written request of the City. Under California Government Code Section 8546.7,if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00),the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys'Fees. If a party to this Agreement brings any action, including an action for declaratory relief,to enforce or interpret the provision of this Agreement,the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid,void, or unenforceable,the provisions of this (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 12 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 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 Sections 1090 et seq. Consultant hereby warrants that it is not now,nor has it been in the previous twelve (12) months, an employee,agent, appointee,or official of the City. If Consultant was an employee,agent,appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that,if this Agreement is made in violation of Government Code 51090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses,and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that,in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable,will be disqualified from holding public office in the State of California. 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 Gary Huisingh,Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 13 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 James E. Scott,President S&C Engineers,Inc. 1814 Franklin St. Suite 600 Oakland, Ca 94612 Any written notice to City shall be sent to: Gary Huisingh,Public Works Director City of Dublin Public Works 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement,including the scope of work attached hereto and incorporated herein as Exhibit A,and including the compensation schedule attached hereto and incorporated herein as Exhibit B,represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. (ver.2015) Consulting Services Agreement between May 17, 2016 City of Dublin and S&C Engineers, Inc. Page 14 of 15 Project Name:Dougherty Road Improvements Project No. ST0911 CITY OF DUBLIN CONSULTANT S&C Engineers,Inc. Christopher L. Foss, City Manager Ja s E. Scott,President Attest: 94-3367063 Taxpayer Identification Number Caroline Soto,City Clerk C2081099 Corporate Entity Number Approved as to Form: John Bakker,City Attorney (ver.2015) Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers, Inc. Page 15 of 15 Project Name: Dougherty Road Improvements Project No. ST0911 EXHIBIT A SCOPE OF SERVICES General This project will complete 1.83 mile widening of Dougherty Road from 4 lanes to 6 lanes from Dublin Blvd. to the Alameda/Contra Costa county line. Some of the improvements include: class II bike lanes; two added travel lanes; HMAC and RAC paving; raised landscape median islands; bio swales; street lighting; traffic signal modifications, signal interconnect and traffic signal timing adjustments; installation of ADA compliant curb ramps and sidewalk; and 1.4 miles of Bike/Pedestrian pathway. The current engineers estimated cost for the improvements is between $14 and $15.5 million and is anticipated to take approximately 465 calendar day project with a Monday thru Friday normal working hours from 7:00 AM to 6:00 PM to complete. The City has completed the PS&E package, obtained necessary right-of-way, and is currently in the process of advertising the project and obtaining the final permits necessary to start construction process for the project. At the March 24, 2016 ACTC meeting the remainder of the construction funds we approved for the Dougherty Project as part of the 2016 CIP update. The City has set the bid opening date for the project on April 26, 2016 and anticipate project award at the May 17, 2016 City Council Meeting. The Contractor would then have 25 Calendar days from Notice of Award to start work. The following services are required under this contract: • Assist the City's Project Manager and Designer during the bid solicitation. • Bid evaluation • Construction Management • Coordination with the City,Contractor,Agencies,and Public • Public Works Inspection • Materials Testing and Special Inspection • Project closeout documentation • Assist with ACTC documentation Project Objectives To complete the project on time and within budget with the least impacts to the public. Construction Management Team: Consultant and the City recognize the importance of the need to maintain the Consultant's key personnel throughout the entire duration of this Agreement. Consultant shall not make any changes to the assigned personnel listed below without City written approval: Principal,James Scott,P.E. Construction Manager,Thomas Fresquez,P.E. Project Inspector,Aftab Loya,P.E. Inspector, Michael Galusha Signals &Electrical Inspector,Robert Snider Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers, Inc.--Exhibit A Page 1 of 4 Project Name: Dougherty Road Improvements Project No. ST0911 Special Inspection&Material Testing, Consolidated Engineering Laboratories Services General The Scope of Services is intended as a guide to illustrate the minimum project requirements. The Consultants Construction Management Team will provide professional and technical services to manage the construction, inspection, and material testing for the Dougherty Road Improvement project under the supervision of the City of Dublin. The 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. Services During Pre-Construction: The Construction Manager will assist City Staff in the following; 1. Perform a review of the 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 which may have a long lead time and could impact to the project. Provide written comments to the City for incorporation into the bid documents by addendum if necessary. 2. Work with the City to develop strategies to generate market interest in the Project. 3. Take the lead in managing the bid process including receiving bidder's questions, distributing information to the Owner and their consultant, 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. 4. Maintain an electronic project management filing system on the City's network using the Microsoft office suite. 5. 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 personnel. 4. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule. 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. Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers, Inc.--Exhibit A Page 2 of 4 Project Name: Dougherty Road Improvements Project No. ST0911 6. Provide a daily log of events and activities so as 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 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. 14. Verify that the Contractor complies with the requirement of the project's water pollution control and staff the project with the required personal and submit necessary documentation to the SMART system. 15. Assist the Design Consultants Team to ensure compliance with the projects various environmental requirements and permits 16. Assist with providing any information to the City Depaitments as required. 17. Monitor contractor's construction activities to ensure the General Contractor is providing proper planning and coordination of work crews and of subcontractors for the execution of the project work. 18. Identify potential claims and make recommendations to resolve them. 19. Upon completion of the project work, provide a punch list review and recommendation of Project Acceptance. 20. Upon completion of the project work, review all of the Contractor's final submittals to ensure their compliance with final project close-out requirements. 21. The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor. 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. 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. Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers, Inc.--Exhibit A Page 3 of 4 Project Name: Dougherty Road Improvements Project No. ST0911 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 4. Collect material tags and verify materials on site meet project specifications and project submittals. 5. Issue Weekly Statement of Days Charged. 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. Test and inspect contractors work for compliance with the contract documents at the direction of the Construction Manager or City Representative. Those activities may include: a. Sub-grade and base compaction,gradation and compaction curve. b. Portland cement concrete strength and slump. c. Asphalt concrete compaction,gradation,compaction curve,asphalt content. 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 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 The City of Dublin will provide office space for the Construction Manager at the Public Works Corp yard which will include the following. desk, computer terminal, desk phone,and shared printer and copier. The project inspector can use the facilities provided to the Construction Manager if the Construction Manager would allow,but separate amenities will not be provide for the inspector or materials tester. Additional Services The City will provide written direction and a budget for any additional service to be performed. Written authorization must be obtained from the City prior to the Consultant beginning additional services. The City will not be responsible for additional work that the consultant performs prior to receiving written authorization. Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers, Inc.--Exhibit A Page 4 of 4 Project Name: Dougherty Road Improvements Project No. ST0911 EXHIBIT B COMPENSATION SCHEDULE The City will make payment on a time and materials basis, City will not pay time for travel to and from the site. Consultant shall commence billing at its hourly rates only upon Consultant's arrival at the work site and Consultant will stop billing at its hourly rates upon Consultant's departure from the project work site. The Consultant shall keep track of time worked to the nearest quarter hour and invoice the City in quarter hour increments,unless a minimum period of time is specified in the Compensation Schedule. The Consultant shall provide billing backup that will indicate by employee name, position, rate, and hours work per date. The rates specified in this compensation schedule are good for the duration of this Agreement and no cost adjustment will be allowed. This agreement is considered"public work" for purposes of the California Labor Code,which requires payment of no less than prevailing wages. The Consultant must pay the prevailing rates, post copies thereof at the job site,provide copies of certified payrolls upon request, and otherwise comply with the applicable provisions of State law.The Consultant is subject to prevailing wage rate compliance monitoring and enforcement by the California Department of Industrial Relations. The Director of Department of Industrial Relations generates the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work which are available online at http://www.dir.ca.gov/OPRL/PWD/index.htm. Hourly Rates for S&C Engineering Staff Principal,James Scott,P.E. $211.88/hr. Construction Manager,Thomas Fresquez,P.E. $198.48/hr. Project Inspector,Aftab Loya,P.E. $149.56/hr. Inspector, Michael Galusha $133.38/hr. Overtime Inspector, Michael Galusha 1.50T $200.07/hr. Signals &Electrical Inspector,Robert Snider $128.42/hr. Consolidated Engineering Laboratories (CEL) CEL shall bill in two hour increments for onsite inspection and material testing 0-2 hours worked will be billed at 2 hours 2-4 hours worked will be billed at 4 hours 4-6 hours worked will be billed at 6 hours 6-8 hours worked will be billed at 8 hours Hours worked beyond 8 but less than 12 shall be billed at 1.5X the hourly rate for actual hours worked rounded to the next quarter hour. Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers--Exhibit B Page 1 of 4 Project Name: Dougherty Road Improvements Project No. ST0911 III 1'lI1l 1 tl 11I 11 III I '1 !III!o III III 'Ili I II1I 1I''1Ii11 a.:';911�I,1,,!J II I 1�Ii 1 1IIII 1oI l„I 1 I,LIiwIIuII.I1I�I�,o�:i 1 i II II iIIII 1'1 L�.I l l l II ,..u1111I 1.1 .e0.5 I7I�I_ .::,...,., .o.+ .11.11_ 654 s II 1 1 a 1:'11 111L 1 I I I I 11 i , 4 1 4 .51 5 1,111,1111.1 I •_ Z_ I1 nu I I I � I'S e _ - 0. w�x.. u.. ua 1 . 1 1 Is l I I g 4 a. g - 3 �e 111 111 h11 11h 11 I III II I 11 1 11111111 111 i 11 111'11 II 1,111111,11 111 1111111111114 1 I I V I I (II II I „ I I38 0 I 1f8 28I 4 �1 11 III f 81 20 I II I S It 8I 1. II II 6 4 0 l0 II II I a s,II't.I II i �� �. II I I 1 II1 I ! 11 I� '1111„, I 1 I III 11 I I I I , IL I 1 I I 1 1 1 1 111 1.1 ,1I 111'' I i 111111,.„1111 I t I III IIII III'I�I II1 1 11 1 I I I II I II I III 1 I' I I II III fII'I III I' 1 u I I1 111 1 11 1I. l. i l u 01 I II 11I 1 11114 116 VIII 111 11111;1111 VIII 111111111 11111111 111 1111'1 1111111 11111 111 ullh'III 111111111 111111V (VIII 11!1111 11 IIII JI 141111 111 IIII II 111 111 1111111 JI 111111 IIIII'1,111 1111111 111' II JIIII III III 1111' INI1111,,111 1111 III 1111 111111111111 1111 IIII I Pre-Construction 111111111111 4 i:11111111111 11111111'1111111 uul'111111111i1111 11 111,111411111 1,1 1IIII1,11111l 111111.11,1,h1.111111111111:111 11 IIII111111111II'1111 11 IIIIr,111111111111111 11111 1.1 Pre-Bid Sen4ces 4 40 0 ------ 1.2 Adrenbe&Award 2 80 0 _----- 1.3 Mobilize 1 18 80 ------ 1.4 ----_---- 1.5 _----_--- 2 Construction 111111111111 11 IIIIIi11111 111'11111111 lu ll11111111 1 11111111 1 A1111111:1111.11111111 111111111111',1111 11111 III11111111111' I1 111 11111111111 hlNili 2.1 Sta. 1-Outside Wldenin• 8 1360 1360 960 160 80 --- 2.2 Sta•e2-Medan © 504 504 240 0 0 -_- 2.3 Sta•es 3&4 2 338 338 180 0 0 --- 2.4 Sta•.5&8 2 MEM 338 248 20 0 --- 2.5 Punch but 1 188 18 0 0 0 --- 3 Plant Establishment-Pro'ectCloseout 111111111 'iiii111111i VIII 111111111111111 111 I11I o1u111111111 1111'1 11�� IG111111111111 1 011111111 1�1 1111111;; 3.1 Plant Estabishment 0 12 32 3.2 Pm'ect Closeout 0 112 3.3 _------_- 3.4 _-_------ 3.5 --------- 4 Pro_ Closeout 1111111111111 IIII 11111111111111111111 'id111111111111111 Ioii'11111111111111 1 n11 111:1.11111111 IHIII h11111111111 1111■111111u111111111 m11111111111111111, uu 1111:1111111111.:.111111111 4.1 P•act Closeout 1 80 4.2 -_---_--_ 4.3 _----_--- 4.4 _-_--_--_ 4.5 _-------- 5 Materials Testin• II IIIIIIII 11' 11 111111111111111111 II 11111111111111111 II II11111111111111 111 III 11111111111 LING 11111111111111 1 III 11111111 1!: 111111 11111111111111: 11 11 11111;1111I111111,I 111111"iii 5.1 Materials Testin• Lobo ------ 416 -_ 5.2 Materials Testin• est Costs,Unit Prices -------_- 5.3 Mstenal Testis• Lab Work ------688,130.50 5.4 --------_ 5.5 --_------ 6 11111111111111111 i,!'i 1111111111111111 1111 1111 1 1111 t• IrI1+ 11 P IIIr11111 I,,I n 1VM fill111' II 1111,•11111 MUM 6.1 --------- 8.2 ---_----- 8.3 ----_11 -11111 6.4 _----_--- a 111111 111111111111 '1'1'1iu1u 111111111111111 111'1 1111i111111111��111 i�111111111/1 111111111111°1 I�Il��ii 7.1 --_------ 7.2 _-------- 7.3 -_------- 7.4 --------- 7 5 _--_----- IIIV ul nll-Illllam0701 "''llllllul IIII '1 611'01111111 q; III II ?I "111'1 111 IJ II 1 1 'I 111 1111111 1 1 111' III r „� 11 Ip 1 1 .: 11111 I 111 �' s I III II 11111 �' a 111 IIII L I � 1 . III IV(IIII 11.:. I11u III.. 1111111 °I �' VIII 111 11 1 1 I I I 11 1 I 1 1 1 1 III I 1 I 1 1 I 1 111 I � I 11 I u 1 L I I 1 I„ 11 � ,IIIIII II hu 11.1111111.:VIIL:111 111.111111,111111.II i 11111111 111V1I111IIL IIIIII111 IIIV 11111111111111 11 11111:11:111111111::11116111 IVV III..11111::IIIu1111:11.1 1 111111 11, :, � _ I JL IIIJ I II IIJ III JIIVJI IIIIV 1 11111111111111.111 111111111111.IIIVIV 11111111111JII11111 111111111111 IIIIIIIL IIIILJIIIJIIJIIIII.IIL.IIIL 111.11111.1111IIIIIIil11111 Sub Totals $5 85.02 ,, 5416 373.19 3218 7458 336 013.01 $10 273.65 $12 490.50 0 0 11111111111111111111111111111111111111111111111111111 11111111111.,1111'11111 11111111111 1111 11 11111111111111111111111111111111111111 1111111111111111111111111:11111111111111111111111111111111111111111 1111111111111h11111111111111111111111111111111111,1111 1111+111 Additional Services TOTAL $1 560,000.00 Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers--Exhibit B Page 2 of 4 Project Name: Dougherty Road Improvements Project No. ST0911 City of Dublin-Dougherty Road Improvements QA Testing Costs roumoer 01 Test Test Method Item Quantity Teas Units Rate Total ANCHOR RODS(1'to 2.1/2"Diameter) Anchor Rods ASTM F 1554 10 EA 5 175.00 $ 1,750.00 Nuts ASTM A 563 10 EA $ 90.00 5 900.00 Washers ASTM F844 10 EA 5 30.00 $ 300.00 WELDED REINFORCING STEEL HOOPS Welded Hoop QA Tensile Testing Service Splice per Caltrans 6 Lots 5 240.00 5 1,440.00 WELDING INSPECTION Welding of tendons on signal mast arms per AWS 01-1 16 Hours $ 85.00 $ 1,360.00 Review weld procedure and welder certifications for above 4 Hours S 150.00 $ 600.00 CONCRETE Sampling of Concrete 40 Hours 5 85.00 5 3,400.00 Cement Content CTM 518 2 EA S - no charge Cement CTM 125 2 EA $ 340.00 5 780.00 Aggregate Gradation CTM 202 2 EA $ 210.00 $ 420.00 Soundness-Coarse or tine CTM 214 2 EA $ 450.00 5 900.00 Durability Index-Coarse or Fine CTM 229 2 EA 5 120.00 $ 240.00 LA rattler)500 revolutions) CTM 211 2 EA $ 330.00 5 660.00 Cleanness Value CTM 227 2 EA $ 120.00 $ 240.00 Organic Impurities CTM 213 2 EA 5 120.00 5 240.00 Sand Equivalent CTM 217 2 EA 5 130.00 5 260.00 Compression Test(Minor Concrete) CTM 540,521 4 Sets of 4 S 120.00 5 480.00 Compression Test(Structure Concrete) CTM 540,521 4 cy 1 Set of 4 S 120.00 5 120.00 Compression Test(Signal Foundations) CTM 540,521 4 Sets of 4 S 120.00 5 480.00 Curing Compound ASTM 0309 3 EA $ 1,500.00 5 4,500.00 GEOTECHNICAL Compaction Testing Roadway Subgrade CTM 231 BO Hours 5 85.00 $ 6,800.00 Roadway Base CTM 231 160 Hours $ 85.00 $ 13,600.00 Drainage Trenches CTM 231 80 Hours $ 85.00 5 6,800.00 Max Wet Density CTM 216 50 Tests 5 300.00 5 15,000.00 Aggregate Base: 23,000 CY Sieve Analysis CTM 202 12 EA $ 210.00 5 2,520.00 Sand Equivalent CTM 217 12 EA 5 130.00 $ 1,560.00 R-Value CTM 301 12 EA $ 400.00 5 4,800.00 Durabilty Index-Coarse or Fine CTM 229 3 EA $ 120.00 $ 360.00 Moisture CTM 226 12 EA 5 75.00 5 900.00 ASPHALT Plant Inspection 40 Hours $ 85.00 $ 3,400.00 Aggregate: Gradation AASHTO 127 19,000 Tons(BMA and Rubberized) 30 EA 5 210.00 5 6,300.00 Sand Equivalent AASHTO T 176 30 EA 5 130.00 5 3,900.00 LA Rattler CTM 211 3 EA $ 330.00 5 990.00 Percent Crushed Particles AASH70 796 3 EA $ 250.00 $ 750.00 Fine Aggregate Angularity AASHTO T304 A 3 EA 5 250.00 5 750.00 Flat and Elongated Particles ASTM 04791 3 EA 5 250.00 5 750.00 HMA: 10,000 Tons Moisture Content AASHTO T 329 3 EA 5 75.00 5 225.00 Asphalt Binder Content AASHTO T 308 A 30 EA $ 200.00 $ 6,000.00 Density CTM 375 Contractor provides cores 80 Cores $ 90.00 5 7,200.00 Air Void Content AASHTO T 269 30 EA S 50.00 5 1,500.00 Voids in Mineral Aggregate CT Lab Procedure LP-2 3 EA $ 50.00 5 150.00 Dust Proportion CT Lab Procedure LP-2 3 EA 5 300.00 5 300.00 Hamburg Wheel Track AASHTO 7234 3 EA 5 2,000.00 5 6,000.00 Moisture Susceptibility AASHTO I 238 3 EA $ 2,000.00 5 6,000.00 Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers--Exhibit B Page 3 of 4 Project Name: Dougherty Road Improvements Project No. ST0911 City of Dublin-Dougherty Road Improvements QA Testing Costs ivumoer or Test Test Method Item Quantity Tests Units Rate Total Rubberized Asphalt Pavement 9,000 Tons Ashphalt Modifier Viscosity ASTM 0445 1 EA 5 195.00 5 195.00' Flash Point 'ASTM 092 1 EA $ 120.00 $ 120.00' Molecular Analysis-for both Aphalteness ASTM 02007 1 EA $ 900.00 $ 900.00 Aromatics ASTM 02007 1 EA $ - Crumb Rubber Modifier ICRM) Scrap Tire CAM CTM 385 1 EA $ - 5 - High Natural CAM gradation CTM 385 1 EA $ 300.00 S 300.00 Wire in CRM CTM 385 1 EA $ - $ - Fabric in CRM CTM 385 1 EA $ - $ - CRM particle length CTM 385 1 EA S - $ - CRM Specific Gravity CTM 385 1 EA '$ - $ - Asphalt Rubber Binder Cone penetration ASTM 0217 1 EA $ 100.00 $ 100.00 Resilience ASTM 05329 1 EA S 150.00 $ 150.00 Softening Point ASTM 036 1 EA $ 120.00 5 120.00 Viscosity ASTM 07741 1 EA 5 100.00 $ 100.00 Project Engineering and Management Fee 531 5 5,880.50 TOTAL: S 123,490.50 • Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers--Exhibit B Page 4 of 4 Project Name: Dougherty Road Improvements Project No. ST0911 EXHIBIT C INSURANCE DOCUMENTS Consulting Services Agreement between May 17,2016 City of Dublin and S&C Engineers--Exhibit C Page 1 of 1 Client#:7693 SCENGINEE ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Nancy Ferrick Dealey, Renton&Associates PHONE 510 465-3090 FAX 510 452-2193 (NC,No,Ext): (A/C,No): P.O.Box 12675 E-MAIL ADDRESS: nferrick@dealeyrenton.com sale renton.COm Oakland,CA 94604-2675 INSURER(S)AFFORDING COVERAGE NAIC U 510 465-3090 INSURER A:Travelers Indemnity Co.of Conn 25682 INSURED INSURER B:Travelers Property Casualty Co 25674 S&C Engineers,Inc. INSURER C:XL Specialty ecial Insurance Co. 37885 1814 Franklin Street,Suite 600 INSURER D: Oakland,CA 94612 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR SWVD POLICY NUMBER (MM DDD�Y) (MMIIDICDY!YYY� LIMITS A GENERAL LIABILITY X X 6806C348733 01/22/2016 01/22/2017 EISES EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMurrDenoe) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: _PRODUCTS-COMP/OP AGG $2,000,000 —1 POLICY n JEOT LOC $ B AUTOMOBILE LIABILITY X X BA6C350138 01/22/2016 01/22/2017 (EOMBINiztrINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) B X UMBRELLA LIAB X OCCUR CUP4211T667 01/22/2016 01/22/2017 EACH OCCURRENCE $6,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $6,000,000 DED I RETENTION$ $ B WORKERS COMPENSATION X UB4011T670 01/22/2016 01/22/2017 X RRLIMITS ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional DPR9725343 08/21/2015 08/21/2016 $3,000,000 per Claim Liability $3,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) General Liability Policy excludes claims arising out of the performance of professional services. Project Name/Number: Dougherty Road Improvements/No.ST0911 S&C Project#10407 City of Dublin and its officers,employees,agents,and volunteers are named as Additional Insured as respects General Liability and Auto Liability coverages.Insurance is Primary/Non-Contributory per policy (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD OF ABOVE DESCRIBED POLICIES CANCELLED City of Dublin THE EXPIRATION DATE THEREOF, NOTICE BE DE BEFORE DELIVERED IN Public Works ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Gary Huisingh,Public Works Director 100 Civic Plaza AUTHORIZED REPRESENTATIVE Dublin,CA 94568 9 e ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1675645/M1603977 AZM DESCRIPTIONS (Continued from Page 1) form wording.Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will mail 30 days written notice to the Certificate Holder. Professional Liability Retroactive Date:08/21/2000 SAGITTA 26.3(2010/06) 2 of 2 #S1675645/M1603977 S&C Engineers, Inc. 6806C348733 01/22/2016 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL dude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under any other insurance. d. This insurance does not apply on any basis to any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a"contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declare- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ®2007 The Travelers Companies,Inc. Page 1 of 2 Includes the coovriahted material of Insurance Services Office.Inc..with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ®2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the coovriahted material of Insurance Services Office. Inc..with its permission POLICY NUMBER: 68060348733 COMMERICAL GENERAL LIABILITY ISSUE DATE: 01/22/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S)OR ORGANIZATION(S): City of Dublin Public Works Attn:Gary Huisingh,Public Works Director 100 Civic Plaza PROJECT/LOCATION OF COVERED OPERATIONS: NAME OF PERSON(S)OR ORGANIZATION(S)CONT.:City of Dublin and its officers,employees,agents,and volunteers - PROVISIONS A The following is added to WHO IS AN INSURED The insurance provided to such additional (Section II): insured is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- d. This insurance does not apply to the render- age Part, but only with respect to liability for bod- ing of or failure to render any "professional ily injury", 'property damage" or `personal injury services". caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on e. The limits of insurance afforded to the addi- your behalf tional insured shall be the limits which you agreed in that'contract or agreement requir- a. In the performance of your ongoing oper- ing insurance" to provide for that additional ations; insured, or the limits shown in the Declarations for this Coverage Part, b. In connection with premises owned by or whichever are less. This endorsement does rented to you;or not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III)for C. In connection with your work and included this Coverage Part. within the "products-completed operations hazard." B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL Such person or organization does not qualify as LIABILITY CONDITIONS(Section IV): an additional insured for "bodily injury", "property However, if you specifically agree in a contract or damage"or"personal injury'for which that person agreement requiring insurance that, for the addi- or organization has assumed liability in a contract tional insured shown n the Schedule, the insur- or agreement. ance provided to that additional insured under this CG D3 82 09 07 Page 1. ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary injury" arising out of"your work" on or for the basis, or a primary and non-contributory project, or at the location, shown in the basis, this insurance is primary to other Schedule above, performed by you, or on insurance that is available to such additional your behalf, under a "contract or agreement insured which covers such additional insured requiring insurance" with that additional as a named insured, and we will not share insured. We waive these rights only where with the other insurance, provided that: you have agreed to do so as part of the "contract or agreement requiring insurance" (1) The "bodily injury" or "property damage" with that additional insured entered into by for which coverage is sought occurs; you before, and in effect when, the "bodily and injury" or "property damage" occurs, or the "personal injury" offense is committed. (2) The "personal injury" for which coverage is sought arises out of an offense D. The following definition is added to committed; DEFINITIONS (Section V): after you have entered into that "contract or "Contract or agreement requiring insurance" agreement requiring insurance" for such means that part of any contract or additional insured. But this insurance still is agreement under which you are required to excess over valid and collectible other include the person or organization shown in insurance, whether primary, excess, the Schedule as an additional insured on contingent or on any other basis, that is this Coverage Part, provided that the "bodily available to the additional insured when the injury" and "property damage" occurs, and additional insured is also an additional the "personal injury" is caused by an offense insured under any other insurance. committed: C. The following is added to Paragraph 8. a. After you have entered into that contract Transfer Of Rights Of Recovery Against or agreement; Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. While that part of the contract or agreement is in effect; and We waive any rights of recovery we may have against the additional insured shown in c. Before the end of the policy period. the Schedule above because of payments we make for "bodily injury", "property damage"or"personal CG D3 82 09 07 Page 2 ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission POLICY NUMBER: BA6C350138 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 01/22/2016 Named Insured Countersigned by �G/ 6—Le S&C Engineers,Inc. F (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): NAME OF PERSON(S)OR ORGANIZATION(S)CONT.:City of Dublin and its officers,employees,agents,and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1