HomeMy WebLinkAbout4.06 I-580 Fallon Rd Improv
C~1"Y CLERK
File # D~[m[QJ..~[Q]
AGlENDA STATlEMlENT
CITY COUNCIL MlElET~NG DATlE February 19,2008
SUBJECT
Amendment #2 to the Consultmg ServIces Agreement wIth
S&C Engmeers, Inc, for the 1-580/Fallon Road Interchange
Improvements Project
Report P, epared by Melissa Morton Publzc Works Dlre~
A l'T ACHMENTS
1)
ResolutIOn amendmg the Agreement, together wIth ExhIbIt
"A," Amendment #2 to the Agreement
Ongmal Agreement dated August 1,2006
Amendment #1 dated October 16, 2007
2)
3)
RECOMMENDATION IJAft
~~
lFiNANCIAlL STATEMENT
Adopt the resolutIon approvmg Amendment #2 to the Agreement
wIth S&C Engmeers, Inc
The hourly rate adjustment for constructIon management work to
be performed by S&C wIll be paId wIth momes advanced by
the Lm FamIly to construct the 1-580/Fallon Road Interchange
Improvements project
DEscmPTION On August 1, 2006, the CIty CouncIl approved a Consultmg
Services Agreement wIth S&C Engmeers, Inc (S&C), to manage the construction of the 1-580/Fallon
Road Interchange Improvements project At that tIme, project constructIOn was antIcipated to start m
2006 through the end of 2007 However, project approval was delayed and constructIon Will not start
untIl spnng 2008 The current agreement With S&C does not mclude a rate adjustment proVIsIon for 2008
and beyond, and the term of servIces wIll expire m December 2008 In antIcIpatIOn of construotIon
management work to be performed m 2008 and 2009, It IS necessary to extend the term of the contract to
June 2010 and provIde an hourly rate adjustment for work m 2008 and beyond
Staffrecommends that the CIty CouncIl adopt the resolutIOn approvmg Amendment #2 to the Agreement
WIth S&C Engmeers, Inc
COPY 1'0 S&C Engmeers, Inc
I ~,
iTEM NO
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G \CONSUL fAN I S\S&.C Engmeers\Fallon Road\Agst S&C Amndmt #2 580 Fallon 2 19 08 doc
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RESOLUTION NO - 08
A RESOLUTION OF THE CITY COUNCiL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENT #2 TO THE AGREEMENT WITH
S&C ENGINEERS, INC , TO PROVIDE
CONSTRUCTION MANAGEMENT SERViCES lFOR TIlE
I-580/FAlLLON ROAD INTERCHANGE IMPROVEMENl'S PROJECT
WHIEREAS, the I-580/Fallon Road Interchange Improvements ProJect (ProJect) IS planned to be
constructed as part of the development process m eastern Dublm, and
WHEREAS, the CIty of Dub 1m entered mto an Agreement wIth S&C Engmeers, Inc , on August
1,2006, to manage constructIOn of the ProJect whIch was antIcIpated to start m 2006 through the end of
2007, and
WHEREAS, the agreement IS set to expIre m December 2008 and does not mclude an hourly rate
adJustment for 2008 and beyond,
NOW, THEREFORE, BE liT RESOLVED that the CIty CouncIl of the CIty ofDubhn does
hereby approve Amendment #2 to the Agreement with S&C Engmeers, Inc
BE IT FURTHER RESOLVED that the Mayor IS authonzed to execute the Amendment to the
Agreement, attached hereto as "ExhIbIt A "
PASSED, APPROVED AND ADOPTED thIS 19th day of February, 2008, by the followmg vote
AYES
NOES
ABSENT
ABST AIN
Mayor
ATTEST
CIty Clerk
G \CONSUL T A.NTSlS&.C EngmccrsIFallon ROJd\RfSO S&C Contract Approv 580 Fallon 2 19 08 DOC
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1
EXHUHT "A" OF RESOLliT:U:ON _MOB
AM.ENDMENT TO AGRFEMENT
BETWEEN CITY OF DOOL][N AND S&C ENGINEERS, INCORPORATED
FOR CONSTRUCTION MANAGEMENT SERVICES
WHEREAS, the CIty of DublIn (herem after referred to a<; 'CIty' ) entered IOta an
Agreement WIth S&C Engmeers Ine (herem after referred to as Consultant"), on August 1,2006 to
manage constructlon of the Project whIch was antlctpated to start 10 2006 through the end of 2007
WHEREAS, the agreement IS set to eXpIre 10 December 2008 and does not mclude hourly
rate adjustment for 2008 and beyond
NOW, THEREFORE, the partles hereto agree as follows
Rate Ad lustment
I
Consultant WIll be entItled to an annual rate adjustment startIng 10 January 2008, the amount of smd
Increase to be approved by the City The ba<;e for computmg the adjustment shall be the Consumer Pnce
Index for Urban Wage Earner!> for the San FranCIsco-Oakland Bay Area pubhshed by the U S Department
of Labor, Bureau of Labor StatIstics (fudex) whIch 1S pubhshed for the year endmg 10 December If the
Index has increased over the Index for the pnor year, the rate<; for the followmg year shall be establIshed
by multlplY10g the rates for the current year by a fractIon, the numerator of whIch Ie; the Renewal fudex
and the denommator of wh1ch 15 the Index for the precedmg year In no case shall the adjusted rates be
less than the rates set forth 10 the current year
Term of Services
Term of ServIces shall be modified to end 10 June 2010 unless the tenn of the Agreement IS otherwise
temunated or extended as prov1ded for 10 SectlOn 8 of the Agreement
CITY OF DUBLIN
Mayor
ATTEST
CIty Clerk
S&C ENGINEERS INC
~
Date
fr/ /' ?P1J8
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u \CONSUl TANTS\S&C Engllleers\FalJon Road\Extubn A Amendmenl#2 Feb 1908 DOC
mmmr-A
To the Resolution
2 ~cJ<g ,
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 August 1 ,2006
Section 1 SERVICES Subject to the terms and condlllons 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
11 Term of Services The term of this Agreement shall begin on the date first noted above
and shall end on December 31, 2008, the date of completion specified In Exhibit A, and
Consultant shall complete the work descnbed 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 nght 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 AssJcnment 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
lime dunngthe 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 t1me to the performance of services pursuant to thiS
Agreement as may be reasonably necessary to meet the standard of performance
prOVIded In Section 1 1 above and to satisfy Consultant's obligations hereunder
Section 2 COMPENSATION City hereby agrees to pay Consultant a sum not to exceed, One
Million Three Hundred ThJrty SIX Thousand, Four Hundred Seventy Seven and No Cents ($1,336477 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 payments speCified below shall be the only payments from
City to Consultant for services rendered pursuant to thiS Agreement Consultant shall submit aU inVOIceS to
City In the manner speCified herein Except as speCifically authonzed by City, Consultant shall not bIll City
for duplicate services performed by more than one person
Consulting Services Agreement between
City of Dublin and S&C Engineers, lne
August 1, 2006
Page 1 of 14
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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 salanes 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 dunng the
term of thiS Agreement, based on the cost for services performed and reimbursable costs
Incurred pnor to the InVOIce date InVOIces shall contain the following Information
" Senalldentlficatlons of progress bills I e Progress Bill No 1 for the first inVOice
etc,
[J The beglnnmg and ending dates of the billing penod,
[J A Task Summary containing the anginal contract amount the amount of pnor
billings, the total due thiS penod, the balance available under the Agreement, and
the percentage of completion
n At City's opbon, for each work Item In each task, a copy of the applicable bme
entries or time sheets shall be submitted shOWing the name of the person dOing
the work, the hours spent by each person, a bnef descnptlon of the work, and
each reimbursable expense,
D The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder as well as a separate notice when the total number of hours of work by
Consultant and any IndiVidual employee agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall Include an estimate of the time
necessary to complete the work descnbed In Exhibit A
n The Consultant s Signature
2 2 Monthlv Payment City shall make monthly payments, based on inVOices received, for
servIces satlsfactonly periormed, and for authOrized reimbursable costs Incurred City
shall have 30 days from the recerpt of an InVOIce that compiles With all of the reqUirements
above to pay Consultant
23 Total Payment City shall pay for the services to be rendered by Consultant pursuant to
thiS Agreement City shall not pay any additional sum for any expense or cost whatsoever
Incurred by Consultant In rendenng 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 pnor to the submiSSion of such an InVOice by a properly
executed change order or amendment
Consulting Services Agreement between
City of Dublm and S&C Engineers Inc
August 1 , 2006
Page 2 of 14
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24 Hourlv Fees Fees for work performed by Consultant on an hourly baSIS shall not exceed
the amounts shown on the following fee schedule
25 Reimbursable Expenses Reimbursable expenses are Included In the total amount of
compensation provided under thIs Agreement that shall not be exceeded
26 Payment of Taxes Consultant IS solely responsible for the payment of employment taxes
Incurred under this Agreement and any similar federal or state taxes
27 Payment upon Termination In the event that the City or Consultant term mates this
Agreement pursuant to Section 8, the CIty shall compensate the Consultant for all
outstanding costs and reimbursable expenses Incurred for work satlsfactonly completed as
of the date of wntten notice of termlnatron Consultant shall maintain adequate logs and
tlmesheets In order to venfy costs Incurred to that date
28 Authorization to Perform ServIces The Consultant IS not authorized to pertorm any
services or Incur any costs whatsoever under the terms of thiS Agreement until receipt of
authonzatlon from the Contract Administrator
Section 3 FACILITIES AND EQUIPMENT Except as set forth herein, Consultant shall at Its sole
cost and expense, provide all faclllttes 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 hsted
In thiS section, and only under the terms and conditions set forth herem
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 revlewmg records and
the Information In possession of the City The location, quantIty and It me of furnishing those faCIlities shall
be In the sole discretion of City In no event shall City be obligated to furnish any facIlity that may Involve
IncuITIng any direct expense including but not limited to computer, long-dIstance telephone or other
commUnication charges, vehicles and reproduction facllrbes
Section 4 INSURANCE REQUIREMENTS Before begmnlng 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 poltcles 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 Venficatlon of the reqUired Insurance shall be
submitted and made part of thiS Agreement pnor to execution
Consulting Services Agreement between
CIty of Dublin and S&C Engineers, Inc
August 1 2006
Page 3 of 14
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41 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 ($1 000,00000) 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, jf
Insurance IS provided, or the Consultant, If a program of self Insurance IS provided, shall
waIVe all rrghts of subrogation against the City and ItS officers, offiCials, employees, and
volunteers for loss arrslng from work performed under thiS Agreement
An endorsement shall state that coverage shall not be suspended, VOided, canceled by
either party, reduced In coverage or In limits, except after thirty (3D) days' pnor wrrtten
notice by cerllfied mall, return receipt requested, has been given to the City
42 Commercial General and Automobile Liability Insurance
421 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 Ihan ONE MILLION DOLLARS ($1,OOOJOOD 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 arrslng 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
422 MInimum scope of covera~e Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed 11/88) or I nsurance Services Office form number GL 0002 (ed 1 (73)
covenng comprehenSive General Liability and Insurance Services Office form
number GL 0404 covenng 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 1 ( any auto) No
endorsement shall be attached IImlling the coverage
423 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 S&C Engineers Inc
August 1, 2006
Page 4 of 14
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a City of Dublin, City of Pleasanton, and the State of California, their
officers employees, agents, and volunteers shall be covered as Insureds
with respect to each of the following liability anSlng 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 of Dublin, City of Pleasanton, and the State of Callfomla, their
offIcers employees, agents, or volunteers
b The Insurance shall cover on an occurrence or an accident baSIS, and nol
on a claims made baSIS
c An endorsement must state that coverage IS pnmary Insurance with
respect to the City of Dublin, C!ty of Pleasanton and the Stale of
(
California, theIr officers, offiCials, employees and volunteers, and that no
Insurance or self-Insurance maintained by the City shall be called upon to
contnbute 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 suspended, vOided,
canceled by either party reduced In coverage or In limits, except after
thirty (30) days' pnor written notice by certified mall, return receipt
requested has been given to the City
43 Professional Llabllltv Insurance Consultant, at Its own cost and expense, shall
maintain for the penod 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) covenng the licensed profeSSionals errors
and omissions
4 3 1 Any deductl ble or self-Insured retention shall not exceed $150,000 per claim
432 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' pnor wntten notice by certJfied mall, return recelpl requested, has been given
to the City
4 3 3 The po!tcy must contain a cross liability or severability of In Ie rest clause
Consulting Services Agreement between
City of Dubltn and S&C Engineers, Inc
August 1 2006
Page 5 of 14
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434 The following provIsions shall apply If the professional liability coverages are
wntten on a clalmsMmade form
a The retroacl1ve date of the policy must be shown and must be before the
date of the Agreement
b Insurance must be malntamed 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 dale 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 nght 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
pnor to the commencement of any work under thiS Agreement
4 4 All Policies ReqUirements
441 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
442 Verification of coverage Pnor to beginning any work under thiS Agreement,
Consultant shall fUrnish City With certificates of Insurance and With anginal
endorsements effecting coverage reqUired herem The certificates and
endorsements for each Insurance policy are 10 be signed by a person authOrized
by that Insurer to bind coverage on Its behalf The CIty reserves the nght to
reqUire complete, certified copies of all reqUired Insurance pOIJCI8S, at any lime
443 Subcontractors Consultant shall Include all subcontractors as Insureds under Its
poliCies or shall furnish separate certificates and endorsements for each
subcontractor All coverages for subcontractors shall be subject to all of the
requirements stated herein
4 4 4 Variation The City may approve a vanatlon 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 mterests
are otherwise fully protected
Consulting SelVlces Agreement between
City of Dublm and S&C Engmeers, Inc
August 1, 2006
Page 6 of 14
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445 Deductlbles and SelfMlnsured Retentions Consultant shall disclose to and
obtaIn the approval of City for the self-Insured retentions and deducubles before
beginning any of the services or work called for by any term of this Agreement
Dunng the period covered by thiS Agreement, only upon the pnor express written
authorization of Contract Administrator, Consultant may Increase such deductlbles
or self-Insured retentions with respect to City, ItS officers, employees agents, and
volunteers The Contract Administrator may condluon approval of an Increase In
deductible or selfMlnsured retention levels With a reqUirement that Consultant
procure a bond, guaranteeing payment of losses and related Investigations, claim
administration and defense expenses that IS satisfactory In all respects to each of
them
446 Notice of Reduction In Coveraae In the event that any coverage reqUired by
thiS section IS reduced limited, or matenally affected In any other manner
Consultant shall provide wnllen notice to City at Consultant s earliest possible
opportUnity and In no case later than five days after Consultant IS notified of the
change III coverage
45 RemedIes In addition to any other remedies City may have If Consultant falls to provide
or malntam 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
" Obtam 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 IN DEM NIFICA TION AN D CON SUL T ANT'S RESPON SIBI LlTIES Consultant shall
indemnify, and hold harmless the City of Dublin, City of Pleasanton and the State of Califorma and their
offiCials, officers, employees, and volunteers from and agamst 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 mUlllclpallaw 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 stnctly liable, or by the quality
or character of their work The foregoing obligation of Consultant shall not apply when (1) the InJUry, loss of
life damage to property, or Violation of law arises from the negligence or Willful misconduct of the City or Its
officers, employees, agents, or volunteers and (2) the actions of Consultant or ItS employees,
subcontractor or agents have contributed In no part to the InJury, loss of life, damage to property, or
Consulting Services Agreement between
City of Dublin and S&C Engineers, Inc
August 1,2006
Page 7 of 14
10 ~ ~
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 Indemmficatlon and hold harmless clause shall
apply to any such damages or claims for damages whether or not such Insurance policies shall have been
determined to apply By execution of thiS Agreement, Consultant acknowledges and agrees to the
provIsions of thiS Section and that It IS a matenal element of conSideration
In the event that Consultant or any employee, agent, or subcontractor of Consultant provldmg services
under thiS Agreement IS determmed by a court of competent Junsdlctlon or the California PubliC Employees
Retirement System (PERS) to be eligible for enrollment m 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 mterest on such contnbutlons, which would otherwise be the responsibility of
City
Section 6 STATUS OF CONSULTANT
6 1 Independent Contractor At all limes dUring the term of thiS Agreement, Consultant shall
be an mdependent contractor and shall not be an employee of City City shall have the
right to control Consultant only msofar 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
anel any of ItS employees, agents, and subcontractors provldmg 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 mCldent 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
authonty, 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 Governma Law The laws of the State of California shall govern thiS Agreement
72 Compliance With Applicable Laws Consultant and any subcontractors shall comply With
all laws applicable to the performance of the work hereunder
Consulting Services Agreement between
City of Dublin and S&C Engineers, Inc
August 1, 2006
Page 8 of 14
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73 Other Governmental ReQulatlons To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City IS bound by the terms of
such fiscal assistance program
74 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,
Consultanl and any subcontractors shall obtain and maintain dunng the term of thiS
Agreement valid Business Licenses from City
75 NondiSCrimination and Eaual Opportumty Consultant shall not dlscnmlnate, on the
basIs of a person's race, religion, color, national ongln, age phYSical or mental handicap or
disability, medical condition, mantal status, sex or sexual onentatlon, against any
employee, applicant for employment, subcontractor bIdder for a subcontract, or participant
In, recipient of or applicant for any selVlces 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 nondlscnmlnalion In
employment, contracting, and the provIsion of any selVlces 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
81
Termination City may cancel thiS Agreement at any time and without cause upon wntten
notification to Consultant
Consultant may cancel thiS Agreement upon 30 days wntten notice to City and shall
mclude 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 dellvenng to City any or all documents photographs,
computer software, video and audio tapes, and other matenals provided to Consultant or
prepared by or for Consultant or the City In connection with thiS Agreement
82 ExtenSion City may, In ItS sole and exclusive discretion, extend the end date of thiS
Agreement beyond that provided for In Subsection 1 1 Any such extension shall require a
Consulling Services Agreement between
City of Dublin and S&C Engmeers, Ine
August 1, 2006
Page 9 of 14
~~~
wntten amendment to this Agreement, as provided for herem 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 authonzed by the Contract Administrator, City shall have no
obligation to reImburse Consultant for any otherwise reimbursable expenses mcurred
dunng the extension penod
83 Amendments The parties may amend this Agreement only by a wnling sIgned by all the
parties
84 AsslQnment and SubcontractmQ 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, expenence and speCialized
personal knowledge Moreover, a substantial mducement to City for entenng Into thiS
Agreement was and IS the professional reputatIon and competence of Consultant
Consultant may not aSSign thIS Agreement or any Interest therem Without the pnor wntten
approval of the Contract Administrator Consultant shall not subcontract any portion of the
performance contemplated and provided for herem, other than to the subcontractors noted
In the proposal WIthout pnor wntten approval of the Contract Administrator
85 Survival All obligations anslng prior to the termmatlon of thiS Agreement and all
proVIsions of thiS Agreement allocaling liability between City and Consultant shall survive
the termmallon of thiS Agreement
8 6 Options upon Breach bY Consultant If Consultant matenally breaches any of the terms
of thiS Agreement, City s remedies shallmcluded, but not be limited to, the follOWing
861 ImmedIately terminate the Agreement,
862 Retain the plans, speclficallons, drawmgs, reports, design documents, and any
other work product prepared by Consultant pursuant to thiS Agreement,
863 Retam a different consultant to complete the work descnbed In Exhibit A not
finished by Consultant, Of
864 Charge Consultant the difference between the cost to complete the work
descnbed In Exhibit A that IS unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 21f Consultant had
completed the work
Section 9
KEEPING AND STATUS OF RECORDS
91
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 matenals, In electronic or any other form, thai
Consulting Services Agreement between
City of Dublin and sac Engineers, Inc
August 1,2006
Page 100f 14
JcS <;( cM-
Consultant prepares or obtams pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the CIIy Consultant hereby agrees 10 deliver
those documents to the City upon termmatlon of the Agreement It IS understood and
agreed that the documents and other matenals, mcludmg but not limited to those descnbed
above, prepared pursuant to thIS Agreement are prepared specifically for the City and are
not necessanly 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 pnor written consent of both
parties
92 Consultant's Books and Records Consultant shall maintain any and all ledgers, books
of account, inVOIceS vouchers canceled checks and other records or documents
eVidenCing or relating to charges for servIces or expenditures and disbursements charged
to the City under thiS Agreement for a minimum of three (3) years, or for any longer penod
reqUired by law, from the date affinal 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 dunng regular bUSiness hours, upon oral or written request of
the CIIy Under California Government Code Section 8546 7 If the amount of public funds
expended under thiS Ag reement exceeds TEN TH au SAN D 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 penod of three (3) years after final
payment under the Agreement
Section 10 MISCELLANEOUS PROVISIONS
101 Attorneys' Fees If a party to thiS Agreement brmgs 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
102 Venue In the event that either party bnngs any action against the other under thiS
Agreement, Ih~ parties agree that trial of such action shall be vested exclUSively In the
state courts of Califorma In the County of Alameda or In the Umted States District Court for
the Northern Dlstnct of Callforma
103 Severabllitv If a court of competent jUrisdiction finds or rules that any provIsion of thiS
Agreement IS mvalld VOid, or unenforceable the provIsions of thiS Agreement not so
adjudged shall remain In full force and effect The invalidity In whole or In part of any
provIsion of thiS Agreement shall not VOid or affect the validity of any other prOVISion of thiS
Agreement
Consulting Services Agreement between
CIty of Dublin and S&C Engineers, Inc
August 1, 2006
Page 11 of 14
Pi i~
104 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
105 Successors and Assnms The provIsions of this Agreement shall Inure to the benefit of
and shall apply 10 and bind the successors and assigns of the parties
106 Use of Recycled Products Consultant shall prepare and submit all reports, written
studies and other printed matenal on recycled paper to the extent Ills available at equal or
less cost than virgin paper
107 Conflict of Interest Consultant may serve other clients, but none whose activIties wlthm
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 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 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 S 1090 and, If
applicable, will be disqualified from holdmg public office In the State of Californra
10 8 Sollcltatron Consultant agrees not to sohclt bUSiness at any meeting, focus group or
interview related to thiS Agreement, either orally or through any wntten matenals
109 Contract Administration ThIS Agreement shall be administered by Melissa Morton,
Director of Public Works ("Contract Administrator") All correspondence shall be directed
to or through the Contract Administrator or her deSignee
1010 Notices Any wntten notIce to Consultant shall be sent!o
James E Scott, President
S&C Engineers, Inc
111 Broadway, SUite 300
Oakland, CA 94607
Consulting Services Agreement between
City of Dublin and S&C Engmeers [nc
August 1 2006
Page 12 of 14
J5i~
Any written notice to City shall be sent to
Melissa Morton, Director of Public Works
CIty of Dublin
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 speclficabons, 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
reporttdeslg n responsibility
10 12 Integration ThIs Ag reement 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 negotlalions, representations or agreements,
either wntten or oral
CITY OF DUBLIN
CONSULTANT
I
I
//~
/' ~ .;'
./-
--
Approved as to Form
$f~ N~JL
City Attorney
Consulting Services Agreement between
City of Dublin and S&C Engineers, Inc
August 1,2006
Page 130f 14
EXHIBIT A
SCOPE OF SERVICES
To provide construction management services per the attached S&C Engmeers, Inc Scope of
SelVlces dated June 12, 2006, which Includes contract administration, construction inSpection,
constructIOn surveymg, materials testing, and burrOWing owl pre-construction surveys, for the
Interstate 580fFallon Road Interchange Improvements
D
Consulting Services Agreement between
City of Dubhn and S&C Engineers, Inc
August 1 , 2006
Page 14 of 14
/61cJt
)7 o;(~
June 12,2006
~
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S&C If.lMGnlEERS, I~C
FerdInand Del Rosano, P E
Seruor CIVIl Engtneer
CIty of Dubhn
100 CIVIC Plaza
Dublm, CahfornIa 94568
RE Scope of ServIces M ConstructIon Management SerVIces
:D:M5801Fallon Road interchange Improvements projects
Dear Ferd
Attac.hed IS a recommended "Scope of ServIces" for the Construction Management
servIces to be proVlded by S&C Engtneers on the 1-5801Fallon Interchange Improvement
Projects As requested by the CIty, servtces to perform a preMconstruchon survey for
burrowmg owls have been added to the ongtnal scope of servtces as descnbed m S&C
Engmeers' proposal dated July 20, 2005
I would be happy to meet Wlth you and dISCUSS any proposed changes you feel may be
appropnate Please call me at (510) 272-2970 If you have any questtons
D
Smcerely,
L~--
~ames ~ Scott
PreSIdent
I) I SA. OAOWA I SUo T" 300 OAKL..!,ND CALI FOP NIA 9460" TEl- 5 Ie 272 2 "70 FA" 510 272 2972
/ '6 :J cJ!s
IS80/FAllON ROAD INTERCHANGE IMPROVEMENTS
SCOPE OF SERVICES
ProvIde construction management services including contract administration
construction Inspection, construction surveYing, matenals testing and burrowing owl
pre-construction surveys, for the Improvement project of the I 58D/Fallon Road
I nte rcha n ge Imp rovements
Phase II - ConstructIOn
1
CONTRACT ADMINISTRA liON
6
Administration - CONSULTANT shall perform all construction administration
activItIes, Including correspondence and document control Provide complete
support services for field personnel Including office support and coordinatIon of
Inspection, surveYing, burrowing owl pre-construction surveys and matenals
testing CONSULTANT will furnish all busIness equIpment for CONSULTANTS
work such as computers, fax machmes, furniture, and telephones expendable
supplies such as binders, pens, pencils, etc CITY S construction contractor will
provide field office/trailer, fax and phone lines utilities and copier at no cost to
CONSULTANT
Reporting - CONSULTANT shall utilize Caltrans procedures and policies and
CITY requirements as necessary, regardIng documentation of events,
compilation of quantIties, contractor progress payments, final payment and
record drawings The reqUired records pertaining to the Job site staff rnclude
attendance reports and overtime records Records Involved In monltonng
Contractor's contract Include weekly statement of working days and monthly
progress report CONSULTANT staff members assigned to mOnitor the
Contractor's operations Will submrt a dally report relating the actiVitIes of the day
Reports covenng extra work shall be submrtted to CITY along WIth Contractor s
matenal billing when appropnate Quantities shall be calculated as they are
Incorporated In the work The most current Caltrans Construction Manual IS the
pnnclpal reference for CONSULTANT'S field personnel
Project Meetings - CONSULTANT shall conduct one preconstructlon
conference weekly progress meetrngs, and other project related meetings
CONSULTANT shall prepare agendas and meeting minutes
;1 :f~
PrOject Submittals - CONSULTANT shall process Contractor s submittals and
assure their timely revIew CONSULTANT shall maintain a log to track
processmg of Contractor's submittals
Claims MItigation - CONSULTANT will take steps to avoid claims on the project
In the unlikely event of claims, any claIms resolution will be performed as
additional services
Progress Payment - CONSULTANT shall prepare monthly progress payment
requests and submit to CITY for their payment
Change Orders - CONSULTANT shall evaluate proposed change orders
coordinate changes In deSIgn with TV UN/CCS PlannIng and Engmeerlng,
Caltrans, and CITY staff as appropriate CONSULTANT shall prepare change
orders and an Independent cost estimate and schedule Impact analysIs
Document Tracking - CONSULTANT shall track all documents dUring the course
of the project Documents to be tracked Include but are not limited to all
correspondence, shop drawmgs, test results, change orders, potential change
order Items, potential claims, deSign clarifications photographs, etc
t
Documentatron - CONSULTANT shall document the Contractor's actlVltles on a
dally baSIS conversations, and meetings related to the project, changed
conditions change orders weather accidents, envIronmental mitigation and all
other Items that may be necessary for reviewing progress payments, evaluating
and processmg change orders, and resolvmg potential claIms Documentation IS
to Include both written text and photographs Progress photographs of the
overall project are to be taken and a set Included In the fmal project records
Des!gn Clarification - Coordinate deSIgn clarifications with TY UN/eCS Plannmg
and Englneenng CITY and Caltrans as appropriate
2 SURVEYS
CONSULTANT shall prOVide hne and grade stakes In accordance with Caltrans
Staking Manual procedures and frequencies
3 BURROWING OWL PRE-CONSTRUCTION SURVEY
CONSULTANT shall conduct a preMconstructlon burroWing owl survey wIthin 30
days prior to ground dIsturbing actIVIties by the construction contractor to avoid
direct take of burrOWIng owls Pre-construction burroWing owl survey Will be
conducted In accordance wIth monitoring reqUIrements of the project as
determined by applicable regulatory agencies
4 INSPECTION AND TESTING
~01cX-C
\,
CONSULTANT will
o Provide constructIon InspectIon, samplmg and matenals testmg In
accordance with Caltrans procedures for all prOject Items
o Coordinate the activities of testing laboratones, surveyors and Inspectors,
representatives from utility companies and the administratIon of all project
permits and utility relocations
o Coordinate with local residents proprietors and land owners to minimize
Impact on construction on saId parties
o Enforce labor regulations as Included In contract specifications
o Maintain an upMto-date set of plans and specifications at the Job site
o Review all certificates of inspections and tests
o Provide flnallnspecbon and punch list
o Collect and check record drawing Information as furnished by the
Contractor and CONSULTANT, furnish "red line" drawings to the designer
for preparation of record/as~bullt drawings
5 POST CONSTRUCTION PHASE
Afte r acceptance of the co nstructlo n contract, CON S U L T ANT will prepare a
Construction CompletIon Report that will mclude
o Summary of scope, cost, and schedule changes and the reason for the
changes
o Summary of project costs
o Comprehensive Project Records (per Caltrans requIrements)
eXl ~c9t
Cost Proposal
I 580IFallon Road Interchange hnprovements
FF': "Ii""\"f 'J,P>t~ lit ~ ' ~ E tt -"" t"1S H -;,Jc w~1';;j&;lr~f:!l ~1~~>fi3;;~tes ~: '-<r; f ~I 'III
i.;tJ:ff " " ",.J<I d ,~ 1 ~ ,~ _ ~ rg.a e I OU1iS a.
if .(-I'poSltlOti~~~ t "Pre- ^,,200~~\ ~OO7 PoSt~ .' T?M{; ;,'12006 -" -2007 , CoStSik IJ,\I.
j It~1 - ~"q!:::.- I"'?-+ I ~i1~' - ,~' ~ ~ ~ ~I I ~ F I ~'>1'z. li~
WM""" I Const)!J :3'1' ~":r ,,~ i:i [;;,0 < . I ! _ J
PM / Res Engr 40 360 1800 40 2160 $ 14000 $ 144 20 $ 309 960 00
Bndge EngIneer 20 340 1220 20 1560 $ 130 00 $ 133 90 $ 207 558 00
Insp /Office Engr 80 400 1880 120 2280 $ 9800 $ 100 94 $ 228,967 20
OT 20 200 220 $ 118 00 $ 121 54 $ 26 668 00
Sernar Inspector 160 1440 1600 $ 9800 $ 10094 $ ]61033 60
OT 20 200 220 $ 118 00 $ 121 54 $ 26,668 00
Elecnncal Inspcctor 0 152 8 152 $ 100 00 $ 103 00 $ 15,65600
Clencal 8 72 360 4D 432 $ 5000 $ 5150 $ 2214000
Total Hours 8.624
Subtotal M S&C EDl!meers, Ine $ 998 650 80
Suoconsultant Matenals Testmg - Klemfelder $ 123 682 40
Subeonsultam Surveys - Chaudhary & ASSOCiates $ 108 207 53
Allowance for Burrowmg Owl BIOlogIst 7 000 00
MIscellaneous DIrect Costs S 7500 00
Subtotal- Subconsultants & Direct Costs $ 246.389 93
Markup@5% S 12,31950
TOTAL $ 1.257 360 22
Allowance for contract extensIOn due to weather delays (esl:1mated at 'l!J days for I wmter) $ 79,11680
Total with contmgency $ 1 336477 02
NOTES
I Esttmate IS based on 250 workmg day contract and on an estlmated constructlon start date of
November 1, 2006
2 Rates mc1ude labor, overhead, profit, cell phones and vehIcles for each employee
3 Rates for 2007 reflect a 3% mcrease fOT wage lllflatIOD
4 It IS assumed traIler and utIhnes are to be proVIded by constructIOn contractor
5 Cost proposal IS good for 90 days
June 12, 2006
do<1~
Cost Calculation Worksheet for Weall:herr delays
S&C Engineers
6/12/2006
I S8D/Fallon Road Interchange Improvements
Days Hours 2007 2007
Position 20 per day hours Rate Cost
PM/RE 20 8 160 $ 144 20 $ 23 232 00
Bridge Engineer 20 8 160 $ 13390 $ 21 584 00
Senior Inspector 20 8 160 $ 10094 $ 1631040
Inso / Office Engr 20 8 160 $ 10094 $ 1631040
Clerical 4 8 32 $ 5150 $ 1 680 00
Total Cost = $ 79 11 6 80
c:P3~Qg
EXHIBIT "A" OF RESOLUTION /70 -07
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND S&C ENGINEERS, INCORPORATED
FOR CONSTRUCTION MANAGEMENT SERVICES
WHEREAS, the CIty of Dubhn (heremafter referred to as "CITY") and S&C Engmeers,
Inc (heremafter referred to as "CONSULTANT"), entered mto an agreement on August 1, 2006, to
perform constructIon management servIces for the I~5801Fallon Road futerchange hnprovement Project,
and
WHEREAS, the Scope of Work to be performed IS proposed to be expanded to mclude the
Implementabon and enforcement of mItIgatIon measures outlmed ill the U S FIsh and WIldlife Service
BIOlOgical OpmIOn for the proJect, and the notMto-exceed contract amount IS proposed to be mcreased to
cover the cost of the addItIOnal work, {
NOW, THEREFORE, the parties hereto agree as follows
Scope of Work
Scope of Work shall be mollified to mclude addItIonal scope of work as descnbed III Consultant's
letter dated October 1,2007 (attached)
Not-To-Exceed
The total cost for ttme-and-matenals work under thiS amendment shall not exceed an additIonal
$124,33022 based on the attached cost breakdown
~T
;;; ~k:4?~
City Clerk
Date /tJ l-tJ l'
G ICONSUL T ANTS\S&C Engmeers\Fallon Road\Exhlblt A Amendmenl# I Oct 16 07 DOC
W 1J1J wrnoo~~ 3 D
0('1 ~ ~
October 1, 2007
Ferdmand Del Rosano, P E
Semor CIVIl Engmeer
CIty of Dublm
100 CIViC Plaza
DublIn, Cahforma 94568
S&( ENGINEERS, INe
RE Consultmg Services Agreement~ Construction Management ServIces
IM580IFanon Road Interchange Improvements
Request for Amendment #1
Dear Mr Del Rosano
S&C Engmeers, Inc 1S provIdmg cost mformatlOn for the proposed amendment of the dgreement
between the CIty of Dublm and S&C Engmeers, Inc for ConstructIOn Management ~en!Jces on
the 1~5801Fa11on Road Interchange Improvement Project
As per our prevIOus telephone cODversatlODs, the recently released BIOlogIcal OpmIOn from the
US FISh and WIldlIfe Service reqUires the CIty to Implement and enforce several conservation
(mrtJgatlOo) measures to aVOId, ffiIll1ffiIZe and compensate for effects to the CahfomIa tIger
salamander, the Cahfomm red~legged frog and San JoaquIn kit fox These conservation measures
were not antIcipated by the CIty or S&C Engmeers when we executed the agreement for
constructIon management serVices III August of2006
The measures Imposed by the US F1Sh and Wtldhfe SerVIce reqUITe addltIonal work to be
perfonned pnor to construchon as well <is durmg constructIon The added measures reqUlre the
eM team to Implement the measures and enforce compl1ancc by the Contractor dunng
constructlOn Many of the measure,> Imposed by the US Fish and WIldlife Service must be
performed by a qual1fied bwlogist (defined as a person approved by the U S FIsh and WIldhfe
SerVIce to capture and move endangered speCies) Because these measures were not antICIpated
last August the scope of our agIeement dId not mclude a qualIfied bIOlogIst Accordingly, I am
mcludmg the ser\ Ices of H T Harvey and ASSOCIates as a subconsultant to S&C Engmeers as
part of the amcndment
S&C Engmeers, Inc IS requestmg $124 33022 as compensatlOn for the addIhonal serVIces
requued by the U S Fish and WIldhfe BwlogIcal OpmlOll Please find attached a summary of
the addItional work and a breakdown of the cost for ImplementatIOn, coordmatlon and
enforcement of t~e measures If you have any questIOns regardmg the enclosed mfonnatlOn,
please contact me at (510) 272-2970
Smcerely,
L~/
Project Manager
III BROADWAY I su ITE 300 OAKLAN D CALI FORNIA 94607 TEL 510 272 2970 FAX 5 10 272 2972
Additional Scope Amendment # 1 for I-SSO/Fallon Road
Enforce the requirements of the U S Fish and Wildlife Service biological opinion (Ref 1-1-07-F 0257
dated July 13 2007) and Implement the following measures as described In the Terms and Conditions
of the bIOlogical opinion
Install orange-colored fencing to delineate the work area
Install silt fence/exclusionary fence along the nght of way to endangered species from entenng the
construction site Inspect dunng rain events
Conduct pre construction surveys for two days and two nights prior to Initiation of construction
On-site meetings with construction crews to explain how to avoid accidental takes of endangered
species
Prepare and distribute fact sheets conveYing information on endangered species
Remove trash at the end of each day from construction site
Inspect construction matenalleft overnight
Implement protocol established In the biological opinion If the red legged frog IS found on site
Restrict construction traffiC to established roads
Cover or Install escape ramps In excavations
Maintain and enforce 20 mph speed limit for construction vehicles
Keep pets off the project site
Prepare post-construction compliance report
Prepare listed species discovery responses
Congdon s Tarplant Seed Collection and Dispersal
o(~1~
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Biological Tasks
S&C Engmeers, Inc
Field Services
Engineer
Inspector
Hours
84
298
Rate
$14420
$1 00 94
Total Field ServIces
Total
$1211280
$30080 12
$4219292
Rates Include labor overhead profit cell phones and vehicles for each employee
Total S&C Engineers
$4219292
H T Harvey & Associates - Biologists
See attached summary of personnel hours and tasks
Total Harvey & Associates
Mark up @ 5%
Total BiOlogists Cost
$78 226 00
$3 911 30
$8213730
Total Cost for Biological Tasks
$124,330 22 I
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