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HomeMy WebLinkAbout4.08 Iron Horse Trail Ext CITY CLERK File # D~OJ[ðH!5]CJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 20,2005 SUB.JECT: Approval of Consulting Services Agreement with BKF Engineers (BKF) for Preliminary Engineering and Environmental Consulting Services for the Scarlett Drive Iron Horse Trail Extension Capital Improvement Program (CIP) Project Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: I) Resolution approving Consulting Services Agreement, together with Exhibit "A", Agreement Location Map 2) RECOMMENDATI~ %?pt Resolution Approving the Consulting with BKF Engineers, Inc. Services Agreement FINANCIAL STATEMENT: The proposed agreement with BKF is to be paid for on a time-and- 1T\atcrials basis in an amount not to exceed $203,784. This work encompasses preliminary engineering, which includes base surveying and topographic mapping, alignment studies, and environmental studies, including the preparation of a project environmental document for the proposed roadway improvement project. It is anticipated that this work will be completed in FY 2005-2006. The current budget for consulting engineering design in ¡IV 2005- 2006 is $205,000. The budget for Staff time and preliminary title reports is over and above this $205,000. These services for the Scarlett Drive Iron Horse Trail Extension Clr project are funded through Traffic Impact Fees and mitigation contributions. Fllture construction and right-of-way costs will be partially funded through the half-cent sales tax administered by the Alameda County Transportation Improvement Authority (ACTIA). _____~_________________~_____w_____~~____________________._.~________________________________________________ COPY TO: BKF Engineers Page 1 of2 ITEMNO.~ G:\MISCPROJ\Scarlcn Drivc~lron Horse Trail EKtcnsions\AS BM prelim cng & cnv,doc DESCRIPTION: Improvements included within the Scarlett Drive Iron Horse Trail Extension CTP project are designed to mitigate increased traffîe duc to implementation of the Eastern Dublin Specific Plan, the proposed downtown intensification, and deveJopment occurring in the Dougherty Valley just north of Dublin. This project will alleviate traffic at the intcrsection of Dublin Boulevard and Dougherty Road by providing a shorter alternate route for traffic to and from north Dublin/San Ramon and BART/eastern Dublin. It wiJ] also enhanec the Iron Horse Trail between Dougherty Road and Dublin Boulevard. This project is budgeted for prcliminary engineering/environmental document work to occur in FV 2005- 2006, with design scheduled for FV 2006-2007, the acquisition of right-of-way in FV 2007-2008, and construction in FY 2008-2009. About one-half of the project funding will be derived from Eastern Dublin Traffic Irupact Fees, with additional fimding coming from downtown mitigation monies and a traffic impact fee being col1ected in the unincorporated area of Contra Costa County. It is proposed to obtain the other half of the project funding from an ACTTA grant. Staff recommends that the City Council adopt the resolution approvmg the Consulting Services Agreement with BKF Engineers, Inc. Page2of2 RESOLUTION NO. - 05 \ ~:;;}'1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH BKF ENGINEERS, INCORPORATED, FOR CONSULTING SERVICES FOR THE EXTENSION OF SCARLETT DRIVE AND ENHANCEMENTS TO THE IRON HORSE TRAIL WHEREAS, the need for future roadway improvements along the Dougherty Road and Dublin Boulevard corridors were identified in tbe City of Dublin's Five- Ycar Capital Improvement Program to accommodate development in eastern and downtown Dublin, as well as the developing Dougherty Val1ey; and WHEREAS, the connection between Dougherty Road and Dublin Boulevard must be improved to accommodate the anticipated traffic incrcasc from said developments; and WHEREAS, the City desires to improve and enhance the Iron Horse Trail between Dougherty Road and Dublin Boulevard; and WHEREAS, the City desires to utilizc the services of BKF Engineers, Incorporated, to perform preliminary engineering design, surveying and environmental consulting work for said project; and WHEREAS, the cost of these engineering services will be paid through Eastern Dublin Traffic Impact Fees, downtown mitigation monies, and traffic impact fees collected from Contra Costa County for development in the unincorporated area to the north ofthe City of Dublin; NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin docs hcrcby approve the agreement with BKF Engineers, Incorporated, for consulting services. BE IT FURTHER RESOLVED that thc Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 20th day of December, 2005. AVES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk J..'4t1V\ 4. ~ \"2:-LO·O"5 ATrAUIDIEIT I. G:\M ISCPROJ\ScaTI!:tt ()riy~-lmn HOT!;e TTail Ex1.ensiOJis\Rtso DKF prelim eng & env,doc ;)., Ù'ò ~:;t.ì CONSULTING SERVICES AGREEMENT BETWEEN . THE CITY OF DUBLIN AND BKF ENGINEERS THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City") and BKF ENGINEERS ("Consultant") as of December 20, 2005. Section 1. SERVICES, Subject to the terms and conditions set forth in this Agreement, Consultant shall prov-ide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2006, 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 Assianment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consuitant 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. Consultant shall not be responsible for delays beyond Consultant's reasonable control. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Two Hundred Three Thousand, Seven Hundred Eighty-Four Dollars and No Cents ($203,784,00), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursabie 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 Consulting Services Agreement between City of Dublin and BKF Engineers mIBlT A. t9 -tk t(eso/u:tiol1. 3 õb l..í Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. ConsuHant 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 saiaries 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 reimbursabie costs incurred prior to the invoice date. Invoices shall contain the following information: · Clear numerical identification, with no duplication of numbering; · 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 spenl by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed, during the invoice period, under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; · The Consultant's signature. 2.2 Monthlv 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 Total Pavment. 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. 2.4 Hourlv 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. Consulting Services Agreement between City of Dublin and BKF Engineers December 20, 2005 Page 2 of 13 L-\ cb '"I 2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate Ihe 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. 2.8 Authorization to Perform Services. The Consultant Is not authorized to perform any . services qr incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.9 Rate Adjustments. Because of the limiled duration of this contract, no rate adjustments will be allowed. 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 lhe 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 co"st and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property thai 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 inciuded in the Consultant's fee. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein lor 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. Consulting Services Agreement between City of Dublin and BKF Engineers December 20, 2005 Page 3 of 13 59)2-1 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, empioyees, and volunteers for loss arising from work performed under this Agreement. An endorsement shail 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. Consuitant, 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 shail 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 coveraQe. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number Gl 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ('any auto"), No endorsement shall be attached limiting the coverage. 4.2.3 Additional reQuirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: Consulting Services Agreement between City of Dublin and BKF Engineers December 20, 2005 Page 4 of 13 w, ùb -z.. 1 a. City and its officers, employees, agents, and volunteers shall be coveted 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 Consuitant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self"insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, empioyees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance, Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MilLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured. retention shall not exceed $150,000 per claim, 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City, 4.3.3 The following provisions shall apply if the professional liability coverages are', written on a claims-made form: Consulting Services Agreement between City of Dublin and BKF Engineers December 20,2005 Page 5 of 13 Î 0ù':n a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Reauirements. 4.4.1 AcceDtabilltv 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 coveraae. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall require all subcontractors to meet the insurance requirements stated herein. Each subconsultant shall furnish separate certificaies and endorsements. 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. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles Consulting Services Agreement between City of Dublin and BKF Engineers December 20, 2005 Page 6 of 13 ,f) ^". -, ""'l oOo~ ! or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition .approval' of an increase in . deductible or self-insured retention levels with a requ"irement that Consultant procure a bond, guaranteeing payment of losses and related investigatipns, claim administration, and defense expenses that is satisfactory .in all respects to each of them. 4.4.6 Notice of Reduction in Coveraae. 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 altematives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, . until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel approved by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held stric~y liable. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultantor its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that iris a material element of consideration. . Consulting Services Agreement between City of Dublin and BKF Engineers December 20,2005 Page 7 of 13 . . . 'q %7- 1 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 enrollr'n~nt 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. 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 a~signment 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 Aaent. 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 Governina 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 Reaulations. 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 towhich 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 Consulting Services Agreement between City of Dublin and BKF Engineers December 20,2005 Page 8 of 13 \ 0 O}.,-, ,-".' 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, pemiits, 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 s.ervices 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 discr~tion, 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. . Consulting Services Agreement between City of Dublin and BKF Engineers December 20,2005 Page 9 of 13 . . . \\ - _,-I '\ \ k i ()O '-' · 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assianment and Subcontractina. City and Consultant recognize aDd 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 bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be IimUed 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 Consulting Services Agreement between City of Dublin and BKF Engineers December 20,2005 Page 10 of 13 , ":J- O)-i~ \........"r 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 underthis 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. At the City's option, undertalifomia Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00)., the Agreement may be subject to the examination and audit of the State Auditor, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' 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 Severabilitv. 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 Agree.ment 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 Assians. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. . Consulting Services Agreement between City of Dublin and BKF Engineers December 20, 2005 Page 11 of 13 . . . \~Ob~--\ 1D.6 Use of Recvcled 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 Califomia Govemment 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 31090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compen~ation 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 3 1090 and, if applicable, wi\[ 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 Melissa Morton, Public Works Director ("Contract Administratortl). 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: Natalina V. Bemardi BKF Engineers 4780 Chabot Drive, Suite 104 Pleasanton CA 94588-3323 Any written notice to City shall be sent to: Melissa Morton 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 Consulting Services Agreement between City of Dublin and BKF Engineers December 20,2005 Page 12of13 J~ ~.?:j 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. ~tt Seal and Signature 0 report/design responsibility, 10.12 Intearation. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. . CITY OF DUBLIN . JanetLockhart,Mayor Attest: Fawn Holman, City Clerk Approved as to Form: Elizabeth Silver, City Attorney G:\CONSUL T ANTS\bkt\agreement scarlett drive extension.doc . Consulting Services Agreement between City of Dublin and BKF Engineers December 20,2005 Page 13 of 13 . . . EXHIBIT A SCOPE OF SERVICES \5"' DL~?-:-! To provide preliminary design and environmental engineering services as delineated in the attached proposal dated December 7, 2005, for the Scarlett Drive/Iron Horse Trail Extension Capital Improvement Program Project. G:ICONSUL T ANTSlbkflagreemenl scarlett drive extension. doc Consulting Services Agreement between City of Dublin and BKF Engineers-Exhibit A December 20 J 2005 Page 1 of 1 \ LQ cr'" r-\. \...r/f --, t , EXHIBIT B COMPENSATION SCHEDULE . The term of the agreement shall be for a period ending June 30, 2006. Consultant may request an adjustment of rates for the second and third years of the term. Compensation shall be paid per the attached Proposed Fee Schedule. City shall pay Consultant on a time-and-materials basis in an amount not to exceed the total sum of Two Hundred Three Thousand, Seven Hundred Eighty-Four Dollars and No Cents ($203,784.00) per year for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of each specific project or as agreed between Consultant and City regarding each specific project, based on the cost for services performed. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial contract . price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. G:IMISCPROJIScarlett Drive-Iron Horse Trail Extensions\agreement scarlett drive extension.doc . Consulting Services Agreement between City of Dublin and BKF Engineers--Exhibit B December 20,2005 Page 1 of 1 . BKF ENGINEERS PROPOSAL Dated December 7, 2005 SUMMARY OF PROJECT SCOPE AND EFFORT Scarlett Drive Extension Project City Of Dublin \ l C5b t...l Task 1 Task 2 Task 3 Task 4 Task 5 Project Coordination Data Research, Field Review and Base Mapping Precise Plan and Geometric Study Environmental Document Reimbursable & Reproduction BKF Design Team Task 1 Task 2 Task 3 Task 4 Task 5 Subtotal BKF Engineers $ 19,143 $ 37,246 $ 42.456 $ 6,912 $ 8,461 $ 114,218 David J. Powers & Associates, Inc. $19.800 $ 19,800 Geoeon Consultants, Inc. $52,526 $ 52,526 HJW Geospatial $17,240 $ 17,240 Subtotal $ 19,143 $ 54,486 $ 42,456 $ . 79,238 $ 8,461 Total Budget $ 203,784 TASK PIC PM Eng III Eng II Eng I Eng Tech Clerical Surv Total Cost Rate/hr $174 $ 143 $ 121 $ 107 $ 94 $ 52 $ 104 $ 237 Hours Task 1 30 49 30 0 25 18 0 0 152 19,143 Task 2 0 32 10 84 14 24 0 84 248 37,246 Task 3 22 60 118 46 80 54 0 0 390 42.456 ask 4 3 18 16 0 20 0 0 0 57 6,912 BKF 55 159 174 130 139 106 0 84 847 Subtotal $9,570 $22,737 $21,054 $13,910 $13,066 $5,512 $0 $19,908 $ 105,757 Total Professional Services $ 105,757 Reimbursable Expenses: Computer/Plotter 4.0% of professional fees $ 4,230 Printing/Delivery 4.0% of professional fees $ 4,230 $ 8.461 Total Budget $ 114,218 . Task 1 Task 1.1 Task 1.2 Task 1.3 Task 1.4 Task 1.5 Task 1.6 Task 1.7 Task 1.8 TASK Task 1.1 Task 1.2 Task 1.3 Task 1.4 Task 1.5 Task 1.6 Task 1.7 Task 1.8 Subtotal \ C6 U' .-z.;'l f;, .... Project Coordination Attend City Staff Project Meetings (As~ume 6 meetings) Coordinate Meetings with Effected Utility Companies including Water District Zone 7 Flood Control (Assume 2 meetings) PG&E (Assume 1 meeting) DSRSD (Assume 1 meeting) Kinder-Morgan (Assume 1 meeting) Review and Consider Effects to Individual Owners Attend Meeting with Stakeholders East Bay Regional Park District (Assume 2 meetings) Camp Parks (Assume 2 meeting) LAVTA (Assume 1 meeting) ACTIA (Assume 3 meeting) Assume th,.e potential for 3 additional meetings Coordinate with Design Team Including Subconsultants Evaluate Precise Plan for Conformance with Effected Agencies Attend & Participate in Public Information Meeting (Assume 1 meeting) Attend & Present the Project to the City Council . PIC PM Englll Eng II Eng I Eng Tech Clerical Surv Tot Hrs Cost 4 6 10 $ 1,554 4 8 6 6 8 32 3,546 2 4 6 5 5 22 2,376 8 16 8 4 36 5,024. 3 4 5 5 17 2,169 3 5 5 5 5 23 2,572 2 2 4 634 4 4 8 1.268 30 49 30 0 25 18 0 0 152 $ 19,143 . Task 2 .Task 2.1 Task 2.2 Task 2.3 'Task 2.4 Task 2.5 Task 2.6 TASK Task 2.1 Task 2.2 Task 2.3 Task 2.4 Task 2.5 Task 2.6 Subtotal . . I n ~. "",:J ~ \ '-1 U 4'\ '"" I V Data Research, Field Review and Base Mapping Collect & Review Available Record Data & Reports Meet with Alameda County Right of Way Department and Records Section (Assumes a total of 3 meetings) Conduct Field Review to Verify Current Features Complete Aerial Mapping & Supplemental Topographic Survey for Cross Section & Environmental Related Features Includes Project Control Aerial Mapping will be at a 1"=40' scale with l' foot contour intervals Scarlet Road cross sections will be provided at 100' intervals from Dublin Blvd to Dougherty Road Dougherty Road cross sections will be provided at 500' intervals from Scarlet Drive to the City Limit Line Includes painting of surface utility features such as manholes, valves, ect. Prepare Project Base Sheets Prepare Boundary Survey Base Map I Record of Survey for 3 Parcels PIC PM Eng III Eng II Eng I I;ng Tech Clerical Surv Tot Hrs Cost 2 4 6 12 $ 1,334 12 2 14 1,958 2 2 2 6 716 8 44 16 76 144 24,696 2 2 6 8 18 1,508 6 40 8 54 7,034 0 32 10 84 14 24 0 84 248 $ 37,246 Task 3 Task 3.1 Task 3.2 Task 3.3 Task 3.4 Task 3.5 Task 3.6 Task 3.7 Task 3.8 Task 3.9 Task 3.10 Task3.11 Task 3.12 Task3.13 Task 3.14 Task 3.15 TASK Task 3.1 Task 3.2 Task 3.3 Task 3.4 Task 3.5 Task 3.6 Task 3.7 Task 3.8 Task 3.9 Task 3.10 Task 3.11 Task 3.12 Task 3.13 Task 3.14 Task 3.15 Subtotal dO 00 ~1 Precise Plan and Geometric Study Prepare Preliminary Geometric Layout Alternatives (Assumed 4) and Develop Preferred Alternative Identify & Resolve'Special Design Features/Multi-Modal Accommodations Identify & Resolve Utility Impacts Review Grading & Drainage Considerations Provide a watershed analysis for the box culvert extension and a drainage assessment of the area Assume a m~eting with the City to review existing information, review and update of data, and preparation of a report Identify Access Needs including Staging of Bike Path Delineate Landscaping Elements and Provide Landscaping Pian Assume that Landscaping Plan is at an exhibit level form Review and Determine Need for a Traffic Signal at Scarlet Road/Houston Place Review Environmental Issues Evaluate Stakeholder's (Agencies and Property Owners) Requirements and Conformance, Inclu'ding Right of Way Impacts Develop and Submit Refined Geometric Alternative Resolve Preferred Geometric Altemative Prepare Cost Estimate Develop Precise Plan Includes Roadway Geometry, Typical Cross Section, Profile, Baseline, Striping, Survey Monument Ties, &ROW Requirements Prepare 1 Right of Way Plat and Legal Description for the Camps Parks' Parcel Take . PIC PM Eng III Eng 11 Eng I Eng Tech Clerical Surv Tot Hrs Cost 2 6 8 4 20 2,382 2 4 6 6 18 2,210 2 4 6 8 8 28 2,814. 2 4 8 6 6 26 2,764 2 8 36 12 8 4 70 8.092 2 8 4 14 1,630 2 2 6 12 16 38 3,236 1 4 8 4 17 2.142 2 2 4 8 1,118 1 2 4 4 11 1.320 2 8 6 6 22 2,782 2 2 2 6 876 2 2 2 2 8 820 2 8 20 16 24 24 94 9,128 2 8 10 1,142 22 60 118 46 80 64 0 0 390 $ 42,456 . Task 4 .ask4.1 Task 4.2 Task 4.3 Task 4.4 Task 4.5 TASK Task 4.1 Task 4.2 Task 4.3 Task 4.4 Task 4.5 Subtotal . . ;;1,\ OO:l1 Environmental Document Review City Provided Forecasted Traffic Counts Conduct Level of Service Analysis at Signalized Intersections for Mitigated Negative Declaration (Mil. Nag. Dec.) Document Calculate and Review Left Storage Lengths for Mil. Neg. Dec. Document Assemble Traffic Data for Incorporation into Mil. Neg. Dec. Document Establish Operational Safety Plan for Construction in the vicinity of the high pressure utility lines PIC PM Englll Eng II Eng I Eng Tech Clerical Surv Tot Hrs Cost 4 4 8 1,056 4 8 8 20 2,292 4 4 6 14 1,620 2 6 9 1,024 2 4 6 920 3 18. 16 0 20 0 0 0 57 $ 6,912 :;l~ ~.. "-.". """\ 0) ~ I .. 0 David J. Powers and Associates (Environmental Engineering) Task 1 Provide an IS/Mitigated Negl,:ltive Declaration for the Scarlet Road Extension Assumes that a noise analysis is not required Assumes that a Biotic Survey and Letter Report will not be performed $ 18,000 . Subtotal 10% Subconsultant Mark-up Fee Total for David Powers Budget $ 18,000 1,800 $ 19,800 Geoeon (Geotechnical and HazMat Services) Task 1 Provide Phase 1 Initial Site Assessment Task 2 Provide Phase 2 Initial Site Assessment Assumes that there will be 2 sites requiring testing Assumes a Workplan preparation for Camp Parks Assumes 10 Direct-push borings Assumes Collection of 2 soil and 1 GW samples from each boring Assumes preparation of draft report for client review Assumes preparation of final report Assumes the following lab analyses: - 34 samples (20 soil and 10 unfiltered GW and 4 filtered GW) for CAM 17 metals - 15 soil sampels for WET and TCLP metals - 10 soil samples for pestricides -10 soil and 10 GW samples for TPHg/gas package - 10 soil and 10 GW samples for TPHg/mo - 10 samples (soil or GW) for VOC's - 10 samples (soil or GW) for SVOCs - 5 soil samples for pH Task 3 Provide Geotechnical Testing Assumes Geotechnical Testing for pavement recommendations Assumes Geotechnical soils testing to establish the requirements for the box culvert extension Assumes the following for Geotechnical Testing: - Approximately 100 feet of culvert extension - 2,600 feet roadway extension - 8 to 10 hollow-stem borings - 15 feet maximum boring depth $ 3;250 $ 35,501 . $ 9,000 Subtotal 10% Subconsultant Mark-up Fee Total for Geoeon Budget $ 47,751 4,775 $ 52,526 . . . . d-:; CJb -~-l MATERIALSO GEOTECHNICAL. ENVIRONMENTAL · 2004 SCHEDULE OF FEES ENVIRONMENTAL SERVICES $Ihr Word Processing/Technical Editor. ............ .......... .......... ............ ......... ......... ................ ...... ..... ............ ......... ........... ............ ........ 59.00 Technical Illustrator/CAD Operator. ........ .... .... .... ...... .... ....... ..... .................. ................ ........ ................. ....... ....... ..... '" ................69.00 Engineering Field TechnicianlResearch Assistant .................................................................................................................... *79.00 Staff Engineer/Geologist/Scientist .... ........... ....... ................... ................... ...... ........ ...... ......... .... ............ ...... ................ .... ... .... .... 89.00 Senior Staff Engineer/Geologist/S cientist ... ............ ....... ........ .... .................. ........... ............ ....... ............... ............... .... ..... ...... ....99.00 Project Engineer/Geologist/Scientist..... ....... .................. ...... ........ ........ ............................ ...... ................ ...... ....... ............ ....... ... 109.00 Senior Project Engineer/Geologist/Scientist ... ............... ...... ........... ................ ............... ........ .............................. ...... ..... .......... 119.00 Senior Engineer/Geologist/Scientist. ... ........ .............. ....... .... ........ ........ ;...... .................. ............................................ ................ 134.00 Associate Engineer/Geologist/Scientist. ............. ....... .... ...... ..... ......... ...... .... ...... ........... ......... ...... ........................ ..... .......... ...... 154.00 Principal Engineer/Geologist/Scientist/Litigation Support .. ........ .............. ..... .............. ............................ ........... ..... ...... .......... 184.00 Deposition or Court Appearance........... ... .................... .......... ............ ......;.... ............................... ......................... .............. ...... 329.00 *Prevailing Wage Hourly Surcharge per California Labor Code g720, et. Seq. .........................................................................20.00 .. ...m"_.'''~ij~..i1''~~!'~~!~fm!~~j~i!~~y:~~~t~....., Eauinment and Materials Pick-up Truck .........................................................$100/day Equipment Truck .................................................... $ 150/day Vehicle Mileage .................................................. $0.50/mile Per Diem ..................................................................$80/day Compact Direct-Push Rig/Operator ..................... $115/hour Drive-Tube Sampler .................................................$35/day Hand-Auger ........... ....... ........ ....... ......... ... ......... ....... .$3 5/ day Soil Sample Tube (Brass) ......................................... $7 each Soil Sample Tube (Stainless) ................................. $10 each Bailer (Reusable) ......................................................$30/day Bailer (Disposable) ................................................. $12 each Stainless Sampling Pump .......................................$100/day Battery-Powered Pump ............................................$50/day Water Level Indicator ..............................................$30/day Interface Probe .........................................................$55/day Photo-Ionization Meter ..........................................$IIO/day Combustible Gas Meter ............................................$75/day pH/Conductivity/Temperature Meter .......................$40/day Turbidity Meter . ........ ........... ....... ............................. $75/ day Level D PPE/Decon Rinse Equipment .....................$40/day De-Ionized Water (5-gallon) .................................. $ 12/each Generator or Air Compressor ...................................$75/day Concrete Coring Equipment ...................................$150/day Equipment or Water Trailer .....................................$75/day 55-Gallon Drum ..................................................... $45 each Visqueen (6 mil 20xl00') ........................................ $80/roll Traffic ConesfBarricades ..........................................$30/day Portable GPS Unit ..................................................$150/day Portable Copier .........................................................$40/day Monitorine: Well.Materials 5' PVC 0.02 Slotted Casing 10' PVC 0.02 Slotted Casing 5' PVC Blank Casing 10' PVC Blank Casing Threaded Casing Plug Locking Cap Security Well Head Cover 2-inch-diameter $30 each $55 each $25 each $40 each $15 each $30 each $95 each 4-inch-diameter $55 each $105 each $45 each $70 each $20 each $35 each $110 each Silica Sand, 100-lb. Bag ...............................................$16 each Cement, 94-lb. Bag .....................;................................$15 each Ready Mix Concrete, 60-lb. Bag ..................................$15 each Bentonite Chips, 50-lb. Bag ......................................... $15 each Bentonite Pellets, 50-lb. Bucket ................................... $80 each Asphalt Patch, 60-lb Bag ............................................. $15 each Analvtical Tests TPHg/BTEX (EPA 8015M/8021B) .............................. $65/test TPHg/BTEX/MTBE (EPA 8015M/8021B/8260B) ...... $95/test TPHdlTPHmo (EPA 8015M) ........................................ $70/test Fuel Oxygenate Compounds (EP A 8260B) ................ $135/test Volatile Organic Compounds (EPA 8260B) ............... $135/test Semi-Volatile Organic Compounds (EP A 8270) ........ $300/test CAM 17 Metals (EP A 6010) ....................................... $160/test Single Metal (EPA 6010) .............................................. $I8/test WET or TCLP Extraction ............................................. $65/test Soil pH (EPA 9045) ...................................................... $18/test Total Organic Carbon (EPA 9060) ................................ $50/test 48-Hour Turn-Around- Time .............................. 75% surcharge 2356 Research Drive _ Livermore, California 94550 _ Telephone (925)371-5900 _ Fax (925)371-5915 Page 1 of2 t?\ \ \ ~ -'...., ~"1' v b~ t j . 1. Listed are typical charges Jor the services most frequently perJormed by Geocon. Prices Jor unlisted services as well as special quotations Jor programs involving volume work will be provided upon request. 2. Saturday and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $80.00 per day when location oj work dictates. 3. Field services including monitoring well installation, groundwater sampling, pump testing, remedial system pilot testing and other special services will be charged at standard engineering rates plus equipment charges. . 4. A surcharge oj $20.00 per hour will be added to the ProJessional Services classifications indicated with an asterisk (*) on the Schedule oj Fees in order to comply with the prevailing wage requirements oJCalifornia Labor Code ~720, et. seq. . 5. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge. Mileage is charged at $0.50/mile. 6. Outside services including subcontractors and rental oj special equipment are billed at cost plus 15 percent. 7. Invoices will be submitted at Jour-week intervals. Terms oj payment are net upon presentation oj invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one- half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion oj any invoice, Client will so notify Geocon in writing within Jourteen (14) calendar days oj the invoice date, identify the cause oj disagreement, and pay that portion oj the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion oj the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's Jees and costs) in connection with collection oj any delinquent amount will be paid by Client to Geocon per Geocon's current Jee schedule. . 8. Many risks potentially affect Geocon by virtue oj entering into this agreement to perform proJessional engineering services on behalf oj Client. The principal risk is the potential Jor human error by Geocon. For Client to obtain the benefit oj a Jee which includes a nominal allowance Jor dealing with our liability, Client agrees to limit our liability to Client and to all other parties Jor claims arising out oj our performance "OJ the services described in the agreement. The aggregate liability of Geocon will not exceed $50,000 Jor negligent proJessional acts, errors, or omissions, including attorney's Jees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess oJthe monetary limit established above. . Page 2 of2 g.s o~.,-C'l ,,-,J . ==B DA vm J. POWERS IIW~ CHARGE RATE SCHEDULE! PRINCIPAL $190.00 PER HOUR SENIOR ENVlRONMENT AL SPECIALIST $165.00 PER HOUR SENIOR PROJECT MANAGER $145.00 PER HOUR ENVIRONMENTAL SPECIALIST $135.00 PER HOUR PROJECT MANAGER $125.00 PER HOUR ASSISTANT PROJECT MANAGER $ 90.00 PER HOUR RESEARCHER $ 75.00 PER HOUR . ADMINISTRATIVE MANAGER $ 70.00 PER HOUR DRAFTSPERSON/GRAPHIC ARTIST $ 70.00 PER HOUR TECHNICAL TYPIST/OFFICE SUPPORT $ 55.00 PER HOUR MATERIALS AT COST PLUS 15% OUTSIDE SERVICES AND SUBCONSULTANTS AT COST PLUS 15% MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT THE TIME COSTS OCCUR. SUBJECT TO REVISION DECEMBER, 2005 . 1 David 1. Powers & Associates, Inc. provides regular, clear and accurate invoices as the work on this project proceeds, in accordance with normal company billing procedures. The cost estimate prepared for this project does not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or inVOIces. If a special invoice or accounting process is requested, the 'service can be provided on a time and materials basis. Preliminary Design and Environmental Services for the Scarlett Drive Extension Project Task Finish 10 1 Proie(:~~che_dul~ __.___...._._. __ 2 Data Research, Field Review and Base Mapping Notice to Proceed Collect. and R~view Available Information ...:__ .~~~\~~o~~Ji~II~.~E~\~~~~J:~~~~~~t~iff~~~~~~fii~~~~~f!~iK!D_~~~~~i~~:~~~--~-~-:: Prepare Project Base Sheet Develop Boundary Survey Base Map DuraUon Slart 137 days: Wed 12/21/05 15 days I Wed 12/21/05 ---- - - ~~; I ~;; ;~~~;~~; - -- ---:-~ ~-- ---1:' ~;~ ~~Il~~I--- ~ 2 wks ! Wed 12/28/05 , Precise Plan and Geometric-Study---------- -.... ---------------- 86 days- -1- Wed 1/4/06 - Wed si3io6 -::g~;~:~I~i~~rri~~l~~:~~rri~~t~~tf~;~rt~il~~~~!~~~~~~ t~.~ity--------..----.-----.~.:.:~:~~::-II':-JJ~d.~%~?6\--.~ "'+~f~~~I~~:- . R~viewii~coipoi~I~-citYcomme~is-ana Deveiop-Pieferred GeometilcAiternative---- 1 wI< , ...- weej 1125;06 --- T ue 1131/06 I~en~ily'~ ~I:!.~~!".I:! l!.t~i!y_lmp'f.I.~!~ _ .._.... _ 1 wk I Wed 2/1/06 Tue 2/7/06 ~:~~r~i~!~~..~n~'a]~~----~-m --- ------- ------ti-t~~l'i; ~~I~i~i Evaluate Stilkehoideiis (AgenCies andProperty"ownersjRequirementsandConformance '____m_ - 2 wks I Wed 2/15/06 Tue 2/28/06 ~:~~~p~;~~~~~~7:~~f.~~a!lGeOmetric Anarnative tociiY 21 :k~- r--~:~ ~~~~g~ ;u~e 3~~;?0~ city Review Reftned Geometric-Alternative-------. -. ----. -- - -- -... '_ - Iwk~_ _ LW~d m~i?.?io~-:_:~- _:-t~~-4i~/Q.~:- city andBKFMeei"io -rlnaiizePreferredGeometrlcAiternative--m---- ---- 1 da~ L Wed 4/5/06 Wed 4/5/06 -OeveiopPredsePlanBaseifonPreferiedGeomelilcAiiernative- ----4 wks'....... Tilu'4is/06 .- '--Wed 5/3/06- Environmental Documenf----~~:~~-7...-rl.a.~s.-.......I--w~~1../~fJ./~~.mm Thu 6i29106 26_:~_:.R.~~i~~:~i!YE.~~!~~~fr~ffiCi"g~f~~~_~.q~~~~~ Tr~ff.i~A~-a.IY_~!~:_- -- -. -------:--::::___ ..... .. .... ...... -.-.' 2 wks Wed 1/18/06 Tue 1 i31/06 ;: .- ~:~~~~~!fr~~~fij~:~~I~~J~~~~:~~!&:~~~I~~~~:~~~~~~~:~e~~pact:' Hazardous;-etc) -:=:~}~::-t---~I~4~~I'.-' - -i~~ t~~~! City Review Draft CEQA IS & Mitigated Neg Dee 2 wks ! Thu 4/13/06 Wea4/26/06 -'-incorporate-Commentsto-AdmiiiDraftCEOAiS &MiiigateifNeg Dec -.. - ..---------.--..-----.--.-1 wr'--I-Thii4Ii7/0S--m- Wed5ijloij--' ~~n~~~~~:C_~~ !~!-Mi!i9~j~~ I~~9._~~E:-@~-~~:i?~Y:e;:E~~i~t@~{iri~j~de~~!~t~ _9I~~f!~iE~~~~L .__~_ :~~~Q~~i~~:r:::~th~-~71.1Q~_~-::~:_- '--Wiid-S/14}06-- Respond to Publie Comments . 1 day 1 Mon 5/6/06' 'Mon 5/8106---- Finalize & Issue Approved CEQA IS & Mitigated Neg Dee 2 wks I Tue 5/9/06 Mon 5/22/06 6~~R6~~~~}r~z.~i~~~~~~:-e~()gEQAiS&MiH - ated Ne--Oec .'---""--1. a~~'- 'l-- +~~ .~~~~~~.~ ..... .--YffiJ2f1~f23 Thu 6/29/06 Tue 1110/06 Wed 12/21/05 Tue 12/27/05 -tue 12/27/05-- - f ue-12P27/0S--- ---tue"1l3/0S--- . Tue 1/10/06 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 31 32 33 Wed 12/7f05 051207 Scarlett Dr-Sch@dule-Verslon98.mpp . . \) S cY _1 . . "'''''''''"",,:!i.? "... i Ii ~"''r~ :1 ~i--"C1(1 LOCATION MAP>) . ~ -I \)} III ----.;::c~.:.~:-..::;::::.~~'="\l_)\ · !\ ~r~="~-;,Z )~/ '/ A \ Ji--. 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