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HomeMy WebLinkAbout4.06 Dougherty Rd ImprovoFDU~~~ CITY CLERK ~~ N~ File # ^©0®'0~~. ~- ~ -~• s~ .c~,~T~..~~.~1~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 2, 2008 SUBJECT: Amendment No. 3 to the Consulting Services Agreement with BKF Engineers for Additional Construction Staking for the Dougherty Road Improvements -Houston Place to I-580 Project Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) Original Agreement dated September 7, 2004 2) Amendment No. 1 dated May 16, 2006 3) Amendment No. 2 dated May 1, 2007 4) Resolution, together with Exhibit "A," Amendment No. 3 RECOMMENDATION: Adopt the Resolution approving Amendment No. 3 to the .Consulting Services Agreement with BKF Engineers for Additional Construction Staking for the Dougherty Road Improvements - Houston Place to I-580 Project. FINANCIAL STATEMENT: The original not-to-exceed contract amount was $449,446. The cost of Amendment No. 1 was $34,317, which brought the total not-to- exceed contract amount to $483,763. The cost of Amendment No. 2 was $78,186, which brought the total not-to-exceed contract amount to $561,949. The cost for Amendment No. 3 is $24,962, which will bring the total not-to-exceed contract amount to $586,911. Consultant services for the Dougherty Road Improvements - Houston Place to I-580 Capital Project are funded through Traffic Impact Fees (TIF). There are sufficient funds budgeted for this project to include Amendment No. 3. DESCRIPTION: The City of Dublin entered into a Consulting Services Agreement with BKF Engineers on September 7, 2004, for the design of street widening improvements at the intersection of Dublin Boulevard and Dougherty Road in connection with the Dougherty Road Improvements -Houston Place to I-580 Project (Attachment 1). COPY TO: BKF Engineers Page 1 of 2 G:\CIP\Dougherty Rd Imp -Houston to I-580\BKF\AS Amend3 BKF.doc ITEM NO. "~ ' ~' ~L~ On May 16, 2006, the City Council approved Amendment No. 1 and increased the original not-to-exceed contract by $34,317, which brought the total contract amount to $483,763 (Attachment 2). The increase was due to an expanded scope of work resulting from Dublin Honda's revisions to the City's project plans. The revisions were funded by the property owner. On May 1, 2007, Amendment No. 2 was approved by the City Council, which included revisions to the plans and specifications, coordination with adjacent developments, assistance with right-of--way maps, and deposition preparation (Attachment 3). The cost of Amendment No. 2 was $78,186 and was funded by Traffic Impact Fees. During the construction phase of the work, the City requested survey staking services over and above that included in the original contract. Some of this work was for re-staking, which was caused by the Contractor losing or destroying some of the staking during the course of construction. The amount of $4,828 has been backcharged to the Contractor for re-staking that was due to damaged or lost staking. The remainder of the necessary additional services, in the amount of $20,134, was requested by City forces to insure proper control of the work during construction. Some of this work included the redesigning and survey staking of the change to recycled water for a portion of the project, and the defining of the boundary of the proposed mini-park at the southeast corner of Dublin Boulevard and Dougherty Road for the installation of frontage improvements for this site. The total increase for Amendment No. 3 is $24,962. This increase in the not-to-exceed contract amount will be funded by Traffic Impact Fees. The proposed Resolution (Attachment 4) would approve Amendment No. 3 to the Agreement with BKF Engineers. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving Amendment No. 3 to the Consulting Service Agreement with BKF Engineers for Additional Construction Staking for the Dougherty Road Improvements -Houston Place to I-580 Project. Z ~Z ~~ 3~ 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 September 7, 2004. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2007, 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 Sectian 8. 1.2 tandard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as maybe 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 Four Hundred Forty-Nine Thousand Four Hundred Forty-Six Dollars and No Cents ($449,446.00), 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 all invoices to Consulting Services Agreement between August 17, 2004 City of Dublin and BKF Engineers Page 1 of 13 AiiApNQ~IR /. ~~l ~~~q City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City far duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions tp any pensions and/or annuities to which Consultant and its~employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions. beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information; ^ 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 spent 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 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Wourly 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 August 17, 2004 City of Dublin and BKF Engineers Page 2 of 13 -., ~ ~~ .~ 3~3q 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 the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs aril 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 or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.9 Rate Adjustments, Consultant will be entitled to an annual rate adjustment upon the first of the calendar year. The amount of said increase shall not exceed 5% per year. 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 far Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage' insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such Insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's fee. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consulting Services Agreement between August 17, 2004 City of Dublin and BKF Engineers Page 3 of 13 .i 4.1 Workers' Com ensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability lnsuranoe 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 aself-insurance program to meet those requirements, but only if the program ofself-insurance complies fully with the provisions of the. California Labor Code. Determination of whether aself-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 aerogram ofself-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 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 Liabil~lnsurance. 4.2.1 General requirements, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000:00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom; and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coveraae. 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.1R3) 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 August 17, 2004 City of Dublin and BKF Engineers Page 4 of 13 .. 5~ 3~ City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each. of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance orself-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Llabllity 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 orself-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shalt state that coverage shall not be suspended, voided, canceled by either part}r, 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 August 17, 2004 City of Dublin and BKF Engineers Page 5 of 13 c~~3~ 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. 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 Aolicies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall fumish 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 certificates 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 far 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 August 17, 2004 City of Dublin and BKF Engineers ~ Page 6 of 13 ... -~~ 3~ orself-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible orself-insured 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. 4.4.6 Notice of Reduction in Coveraee. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time. herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ^ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ^ Order, Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ^ Terminate this Agreement. Section 5. INDEMNIFICATION'ANDOONSULTANT'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 aqy 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 strictly 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 Consultant or 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 It is a material element of consideration. Consulting Services Agreement between August 17, 2004 City of Dublin and BKF Engineers Page 7 of 13 .. ~ ~ ~~- 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 far enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No A ent. 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 impiied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS, 7.1 ~ Governing Law. The laws of the State of California shall govern this Agreement. 7,2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations, To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors sha11 comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective Consulting Services Agreement between August 17, 2004 City of Dublin and BKF Engineers Page 8 of 13 .. a~3~ professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from, City. 7.5 Nondiscrimination and Equal OEportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital. status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby: Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 F~ctension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1, Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Consulting Services Agreement between August 17, 2004 City of Dublin and BKF Engineers Page 9 of 13 co~3~ 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated .and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is~ unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING ANQ 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 ~ August 17, 2Q04 City of Dublin and BKF Engineers Page 10 of 13 .. „~3°~ confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required bylaw, 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, under Califomia 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 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Califomia in the County of Alameda or in the United States District Court for the Northern District of Califomia. 10.3 everabili . If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. Consulting Services Agreement between August 17, 2004 City of Dublin and BKF Engineers Page 11 of 13 iz~~~ 10.fi Use of Recyeled 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 I terest, 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 of 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 Govemment 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 Govemment Code §1090 etseq., 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 Govemment Code § 1090 and, if applicable, will be disqualified from holding public office in the State of Califomia. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, ar 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 Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Natalina V. Bernardi 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 August 17,.2004 City of Dublin and BKF Engineers Page 12 of 13 ~3~3~ 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. ~ Qa1JF r~OH q~ ~ y ~ N p ~ t:XP lF CI V1~ o~~~Q Seal and Si ure o red Professional with report/design responsibility, 10.12 Integration. 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, oragreements, either written or oral. CITY OF DUBLIN Ja t Lockhart, Mayor Attest: Kay Keck, i lerk Approved as to Form: ~~ Eliza Silver, City Attorney G:IE rconureement 04.05.doc ~PRINClPAI ~ VICf; p1Q.ESIOENY Consulting Services Agreement between August 17, 2004 City of Dublin and BKF Engineers Page 13 of 13 CONSULTANT ~~+~3~ EXHIBIT A SCOPE OF SERVICES To provide design and construction engineering services as delineated in the attached proposal dated August 5, 2004, for the Dougherty Road Improvements -Houston Place to I-580 Capital Improvement Program Project. G;1Engr~ontracftzumwalAagreement 0405.doc Consulting Services Agreement between August 17, 2004 City of Dublin and BKF Engineers--Exhibit A Page 1 of 1 ;~, EXHIBIT B Ct7MPENSATION SCHEDULE The term of the agreement shall be for a period ending June 30, 2007. Consultant may request an adjustment of rates for the second and third years of the term. Compensation shall be paid per the attached Fee Schedule. City shall pay Consultant on atime-and-materials basis in an amount not to exceed the total sum of Four Hundred Thirty-Seven Thousand Four Hundred Ninety-One Dollars and No Cents ($437,491.00) 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 da#e 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:IEngr~onhacflbldlegreemertt dougherty wldenirg.doc ~5~3~ Consulting Services Agreement between August 17, 2004 City of Dublin and BKF Engineers-Exhibit B Page 1 of 1 ..~., . ;~. August 5, 2004 DOUGHERTY ROAD IMPROVEMENTS HOUSTON PLACE TO I-580 CITY OF DUBLIN CIP# 96852 DUBLIN, CA SCOPE OF SERVICES PROJECT UNDERSTANDING The purpose of the project is to widen Dublin Boulevard/Dougherty Road intersection by constructing additional through and turning lanes. Project limits on Dublin Boulevard will be from Dublin Court on the west to approximately 900 feet east of the Dublin Boulevard/Dougherty Road intersection. Project limits on Dougherty Raad will be from Houston Place on the north to the I-580 ramps on the south. City proposes to retain BKF Engineers to provide services related to and prepare the construction documents, consisting of plans, specifications and cost estimate, for the widening of the Dublin Boulevard/ Dougherty Road intersection and the Dublin Boulevard and Dougherty Road street widening. . The schedule for tasks 1 through 6 for the design phase of the Dublin Boulevard/Dougherty Road intersection improvement project will have a duration period of 13 months as shown in the attached schedule. The schedule for tasks 7 through 10 will take place as required by the City. CITY PROVIDED INFORMATION A summary of information that the City will provide to BKF is as follows: • Geotechnical recommendations for retaining wall foundation and pavement sections • As-builds for roadway facilities, existing utilities, etc. BKF WORK APPROACH Task 1: Project Management /Team Leadership Work in Task 1 will include monitoring and coordination of the project as described in the attached summary of fees. It is assumed that the design duration of the project will not exceed 14 months. i~~3~ i. ...~ ,~ ~ I r Task 2: Preliminary Investigations /Preliminary Engineering In Task 2, BKF Engineers will collect necessary existing data for the development of the 35% contract documents. Field surveys will be conducted as needed for the project design. BKF will prepare Design Exceptions in accordance with Caltrans standards and the 35% project submittal which shall include plans and cross sections. Additional services to be performed in Task 2 shall be as described in the attached summary of fees. Task 3: Final PS&E -95% Submittal BKF Engineers for Task 3 shall perform the required design, as described in the attached summary of fees, and shall prepare a project 9S% submittal to include a drainage analysis, plans, specifications and estimate. Trask 4: Final PS&E-100% Submittal BKF Engineers shall review and incorporate the City and Caltrans comments on the 9S% submittal for Task 4. The project contract documents will be revised and updated to a 100% level as described in the attached scope and services. BICF will provide and submit a 100% submittal to include plans, specifications and estimate. Task 5: Final PS&E BICF Engineers shall review and incorporate the City and Caltrans comments on the 100% submittal for Task S. Under Task S, BKF shall prepare bid documents to include final Plans, Specifications and Estimate for the Project as described in the attached summary of fees. City shall use the bid documents to advertise for the Project construction. Task 6: Right of Way Documents BKF Engineers shall prepare right of way documents for the land transfer to Caltrans within the project area where Dougherty Road is to be widened in the vicinity of the Highway S80 on-ramp. The right of way documents shall be prepared in accordance with Caltrans standards and as described in the attached summary of fees. Task 7: Construction Administration BKF Engineers will provide to the City construction support services during the project bid and construction periods as described in the attached summary of fees. Task S: Construction Staking BKF Engineers will provide construction staking for the project construction. Construction staking services will include the work described in the attached summary of fees. i~~q ADDITIONAL RELATED SERVICES (~v~~'~3 Task A: Base Sheets for Underground Electrical Line work BKF Engineers will prepare base sheets for the City's electric power undergrounding project. The base sheets shall include the limits of work as described for the Dublin Boulevard/ Dougherty Road intersection improvement project. BKF Engineers will coordinate this work with the City's undergrounding project consultant. Task B: Relocation Study BKF Engineers will provide City requested services related to the various right of way relocations required by the Dublin Boulevard/ Dougherty Road intersection improvement project. ADDITIONAL SERVICES Other items of work not described above may be added to the scope of work with an approved work authorization and budget from the City. PROFESSIONAL FEES BICF proposes to provide the City of Dublin civil engineering services related to the preparation of construction documents, consisting of plans, specifications and cost estimate for a not to exceed fee of $449,446 as described in the attached estimated "Summary of Fees and Hours by Tasks" dated August 5, 2004. ., ,, SUMMARYOFF,~Fn~&~QUR BS I'TASg aKFEnglnNno 4780 Cbwbot Drive; Suite 104 AyIW+~/vd/Datrg6etfyRdlntuseelion.lurprovestewtprojeer P1eAtwron,Cw 94588 (925}396-7700, pax (925)396-7799 Task 1 Project Managementrfsam Leadership Teak 2 Preliminary Investlpations/Prellminary Enpheering DaN: August 5,2004 Task 3 Final PS&E -, 98%, Submittal Taak4 FinaIPS&E-100%Submktal Teak 5 Final PS&E Task a RIpM o[ Way Documenffi Task? ConaWctlonAdmhkUatlon Task 8 Conatructgn Sffikhg ng ng ng ec rs urv offi t Rata/hr 783 5............183 $.. 112 S.. 99 S. 87 97 S, 94 5 1 8 Hours as 30. Task 2 7 80 82 88 90 52 8 24 389 42,987 Tesk 3 41 142 204 190 212 746 160 0 1,085 113,933 Tesk 4 38 178 78 92 118 72 48 0 558 8D,77D Tasks 27 71 30 22 44 96 26 0 258 29,340 Task B 12 30 48 82 38 44 0 0 232 24,880 Task? 4 23 33 24 50 42 0 0 178 78,207 Task 8 0 18 0 48 0 0 0 108 ....172 28,284 B 57 5 Subtotal 27 384 75 411 7008 S48 312 S47 878 538 218 $21 620 $4 752 348 845 BKF Subconsutlants: RGA UtNty. Conaukants, Inc. (Lighting) 577,700 Gates b Asaocieffis (Landscaping & Irrigatbn) 19,300 Biggs Cardona & Associetee (Retaining Wall Daslgn) 75 500 Subtotal 5 , ssane rvrces Reimbursable Expenses: Prhtlng~Dsitvsry. 4.0% of professional fees S 13,946 Compuffir/Pbtffir 4.0% of professional fees $ 13,946 offi rmbursable Ex uses 7 Extre Work from EnvironmerrffiI Dxument Phase 57,500 Task A -Base Shaeffi for Underground Electrbal Lha Work 53,509 Task 8 -Allowance for RebCatbn Study 510,000 ro as onal Servbes o Butl at 446 PIC Pnc~ipal h Charge Eng I Engineer I PM Pro)eCt Manager Draft Drafter Eng III Engineer III Tech TeGmblan (Enphearina or Survey) Eng II Erglneer II Surv Survey Fkld Crew (~ ~j~~ K~wyooeemroeme~ deu, r. wgsr r,. t rnw.e amgoa ~, . ., . ~D~ lJores: 1. K Ls assumed that there aro no strtrcturol elements as part of the project wdh the sxeeptbn of a new Rsta/ning walls along eastbound DubJM Blvd ~ SE quadrant and alonfl southbound Dou[7hertY Rosd ®SW qusdront. 2. Project Scope does not krGude structural calcuktbna for TroHk Slpnel foundations . 3. t=xlstHp hnpeAal asr~f topopraph~ survey is sulNdsnt for PS&E work. <. The Cky ro prov/de Geotechnlcal Informatbn. 6. Rsstorotlon of adjacent propsrtbs ta not Included In the scope with Ghe exception of driveway confomrs. 5. Protect scope does not hrdude fSA Phase !t. 7.ProJect scope excludes RscOrd ql Sunray. 8. Project scope lnckrrhs only drofUnp modMkadons to exrstlrrq Cakrona NAD 83 based Approlsel Maps, Rlpht of Way Record Maps and Hard Copy Maps. 9. Pro/ect scope assumes drowinys era >n AutoCAD and doss not Include conversions to Mkrostatlon. 1 tLCaHrans atape conatruUion repots and trafbc menepement plan pro not inWuded In the project scope. 11. Ills assumed that Cakrans plena cheats wtll be Imperial based with metric soR conversions. 12. The proparoCron of relocation plans for utAdfes not owned by Camans or City aro excluded M the prvjset scope. 13. Cattrana Permanent Treatment BMP Measures and Stoml Water Data Report conforming to Ca/trana raqulroments are exGUded hnm this Scope. 1<. Project SpecilMetions shelf be M Cakrons Standard Provisions format. fS.Project scope exGudes CalGans parts and ride hc2ity land transfer. 16. The duration o/ the deapn phase of the project fs assumed to be 13 months. 17. M ds assumed that there w18 be 2 Caltrans autxnlUals (85% Submldal & 1t)t7% Submittal) and 1 final pncroechment pemrft submlttaf (Final PStwE). i8. R a assumed Chet Mvy 58o ramp modNfcetions and meMllne modlNeations are not roqulred. 1 P. Any fee8 for pem7X, 4rcfudinq CaWans encroachment Perm<s for sngsreering services shah ba home by the Clknt. 20. h i9 assumed that the right of way wrU be cleared of all otrstnrct/ons poor td the commencement of eonaWcUcn. K1~00`0lOONlH1010ubIY, iw Pqw~ Pip I r~.e stlre0u ~ r ., 2 t ~ ~~ Task 1 Protect ManademenHTsam Laaderehip Task 1.1 Prepare and moniBor progreu schedub and budget Task 1.2 Atbnd rrxie8ngs wkh Cky (auume 6) Task 1.3 Ccordlneb. desgn wNh team membere and conauHaMs Task 1.4 Cowdinets wRh underground daalgn. eonsuMant for abetrieal underground work Task 1.5 Supervise design devektpnwnt Task 1.8 Organi:a & coordinates desgn review mee8ngs with City 8 CeNrana TASK PIC PM End III Eng II Eng I TBCh Draft Surv Tot Hre Coat Task 1.1 8 18 8 30 $4,002 Task 1.2 5 5 10 51,480 Teak 1.3 10 18 10 10 48 5,888 Task 1.4 4 6 8 18 2,346 Task 1.5 8 50 10 88 9,074 Task 1.6 8 30 2D 58 7 534 Subtotal 41 123 58 10 0 D 0 0 230 $90,904 Task 2 Prelknlnary Invastlpatlona/Prelkntnary Englnearinp Task 2.1 Colbct and ravbw aveibbb. date, as~brriMs, and reports Task 2.2 Perform addi8ortel field surveys and verify pavement ebvatbns at confonns Task 2.3 Parfonn supplemental Held krves8petbr~ Task 2.4 Check utUMy conflicts and potential rebcatlona Task 2.5 Provide grades end neeeaury information to. PG&E for gob. rebcation and ebctrical underground work Task 2.8 Prepare Deslpn Exceptions (assumes that there will ba a maxlmUm number of 2 design exceptions) Task2.7 Reviaapracise plan geometry based on City Input Task 2.8 Devebp typical cross aectlons, preding design, and drainage plan layout Task 2.9 Prepare protect p`OBa aec8one every 25 feat based on task 2.2 Teak 2.10 Sutxnk 3596 design pierts tc Cky (Tito. Sheet,7ypicals,l.eyouls,Dralnage. Plan 8 Cross Sectkms) TASK PIC PM End III End ll Enft I Tach PraR Surv Tot Hnc Cost Task 2.1 1 2 4 8 ti 8 25 $2,557 Task 2.2 8 8 38 8 24 82 $10,706 Task 2.3 2 6 8 8 8 32 3,508 Task 2.4 2 4 8 14 1,410 Task 2.5 4 4 8 10 26 2,642 Task 2.8 2 6 6 10 4 4 32 3,522 Task 2.7 6 8 8 8 26 2,810 Task 2.8 18 12 10 24 16 78 8,102 Task 2.9 4 4 8 22 38 3,810 Task 2.10 2 8 4 4 8 10 36 3900 Subtotal 7 60 82 88 90 52 8 24 389 $42,867 ,CWiy00~OWDTp11101 GM FM r+~,.r Pp~ 9 irMN V11/NW * t ~ ~ ' ~2/~~ - ~VVf Task 3 Flnd PSA,E - 9596 Submithl Task 3.1 Rsviae 3596 sutxnfttsl per City comments Tesk 3.2 Modiy base sheets wllh auppkmontal survey data Task 3.3 Modiy typical Grose sections plan sheets & proJeet cross sectbna Task 3.4 Prepare Nyout sheets ordUnhg geomsfrtc featuros Teak 3.5 Cwrflmr psrkkp lot layouts, and raqulrement9 Task 3.8 Parlonn tumirrg anaiysa on perWng bt 1. strsst droulatbn Task 3.7 Prepare demoWfon plena (hcludes underground worts) Tesk 3.8 Dstarnhe utititles to be paMroMd. and devabp utNhy occupation sheets Teak 3.9 Anayze hydrobgk conditlona and prepare dreinage talcs TasK 3.10 Prepare praNminary. drainage anayala Task 3.11 Prepare dreinage plan aheeta Task 3.12 Develop. consruction detaN plans Tesk 3.13 Develop prading and protik. sheets Task 3.14 Prepare prelimhary. SwPPP plane ,Erosbn Control Plans & Permanent BMPs Task 3.15 Propsre pavement detinaatbn plans Task 3.16 Prepare slgrthg plans Task 3.17 Prepare stage construction and tratric handling plan sheets Task 3.18 Prepare tratib sgnel plans & conductor and eonduk schedule Task 3.19 Prepare Project SpecMlCations Task 3.20 Deveop Quantltiss and Conatruetlon Estimate Task 3.21 Conduct Independent Qualky Control Review Task 3.22 Prepare Plana,details,gtculations for 9596 submktal TASK PIC PM Ena Ilt Eng II Eng I Tech _ _ Drag Surv tot Hrs Cost Task 3.7 4 8 6 10 12 14 10 64 56,720 Task 3.2 4 8 8 10 28 S2,870 Task 3.3 4 8 4 10 8 32 53,246 Task 3.4 2 4 10 72 16 10 54 55,240 Task 3.5 2 4 8 6 18 51,830 Tesk 3.8 2 4 4 10 51,110 Task 3.7 6 10 18 12 10 54 55.414 Task 3.8 2 2 2 2 4 8 6 26 52,702 Task 3.9 2 18 8 28 52,754 Teak 3.10 4 4 12 5 4 30 33,438 Task 3.11 8 8 1 s 8 6 44 54.488 Task 3.12 e 8 10 18 10 8 58 35,796 Task 3.13 4 6 8 14 8 8 48 54,742 Task 3.14 B 8 10 14 8 8 56 55,896 Task 3.15 6 5 10 1p 8 8 48 54,884 Tesk 3.16 2 4 e 4 8 4 26 52.614 Task 3.17 6 24 28 38 22 16 18 150 518,028 Task 3.18 B 8 44 52 16 54 182 518,820 Task 3.19 10 18 12 12 52 56,558 Task 3.20 1 8 12 10 12 8 51 55,381 Task 3.21 2 10 12 51.656 Task 3 22 4 6 4 4 18 52,168 Subtotal 41 142 204 190 212 146 150 0 1085 3113,933 K-~.yoca~oaras~ ria o,tin w r,~..~ -w ~ -rw,rd M~tnoo~ ~a '' ' 23 ~~ Taak 4 Find P$8E -700% Submlthl Task 4.1 Raviae 93% aubmltffiI per Cattrana 6 Ciy rovlaw comments Task 4.2 ACend meetngs wllh Caltrana d Cly to nagotlete and resolve commenffi Task 4.3 Update & Mellza reports Taak 4.4 Preparo right of wayand utliky certificatbn documents Teak 4.5 Modiry. Project Specifications Task 4.6 Prepare Final Quantities, EaBmaffia 8 Schedule Task 4.7 Conduct Independent Quatty Control Review Task 4.8 Proparo. plena, detalle end calm for 100% submt8al TASK PIC PM En III En II En I Tech Draft Suer Tot Hre Coat Task 4.1 12 54 60 ti4 80 84 42 376 539,310 Task 4.2 8 16 B 32 54,128 Task 4.3 2 2 10 8 4 6 3D ;3,058 Teak 4.4 2 10 2 14 51,630 Task 4.5 6 16 8 8 38 54,794 Task 4.8 2 B 8 10 16 42 54,402 Task 4.7 2 10 12 51,658 Task 4.8 2 4 4 4 14 51,594 Subtotal 36 118 78 92 116 72 48 0 558 5,770 Task 5 Find P83E Task 5.1 Revise 100% aubmitffiI per Cskrsns 8 City review comments Task 5.2 Atffind meetings with GalUenS 8 City tQ negOBate and roaoNS comments Task 5.3 Preparo Final PS&E Tesk b.4 Update right of way and utlHy certHieafkm documanffi Taak 5.6 Proparo Caltrans Encroachment PennR Application Task 5.6 Package Documents for Bid TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Tot Hra Coat Task 5.1 10 36 18 12 12 16 14 118 S13,534 Tsak 5.2 6 8 8 20 52,554 Task 5.3 8 12 12 10 16 18 12 58 9,500 Task 5.4 1 3 4 B 910 Task 5.5 8 2 10 1,238 Task 5.8 2 4 4 4 14 1 594 SubtoffiI 27 71 30 22 44 38 26 0 258 529,340 Task B Rlght of Way Doeuman4 Task 8.1 Modiy exls8ng Appraisal Maps Task 6.2 Motlify existing Hard Copy Maps Task 8.3 Modify exletlng Right of Way Record Maps TASK PIC PM En III E II En I Tech Draft Surv Tat Hro Coat ask .1 4 10 4 14 18 88 9,338 Task 6,2 4 10 16 20 12 14 78 8,156 Task 8.3 4 10 14 18 10 12 68 7,388 Subtotal 12 30 48 62 36 44 D 0 232 24,880 Task? ConatruetbnAdminlatratlon Task 7.1 Provide Design GlariBcations of Plans and Specs Tesk 7.2 Revew Shop Dnewings for Conformance Task 7.3 Atlend Msstlng as Rsquesffid. during Construction (Aasuma 3) Task 7.4 Provide Design Revisions to FxisBng Design Task 7.5 Update Drawings for Asbul6 Submiasbn TASK PIC PM E III En II En I Tech Drag Surv Tot Hro Cast Tesk 7.1 1 6 12 8 ,001 Task 7.2 1 4 8 8 10 31 3,253 Tesk 7,3 6 3 9 1,134 Task 7.4 1 3 8 8 12 10 40 4,040 Task 7.5 1 4 4 8 20 32 69 8,779 SubbffiI 4 23 33 24 50 42 0 0 178 $18,207 Mr,Kao~aoo~nen ra aain r.. -A..~ v.w s ware dr v~oa ,„ . !. R 2~ ~~ Task d Construction 8takinp Taak 8.1 Hortwntai b Vertical Canirol Trek 8.2 Underground Workv^tska Right of Wry and TGE Task $.3 Underground Work-9tske Curb Gutter.,$ Back of WaNc Taak $.4 SUrkr Right of Way and TGE Taak $.5 Stake Storm Drain Task 8.$ Staks Utlity Relocation auAacr structures Task 8.7 Stake. Retaining Walk Task 8.8 Stake Curtr Cautter E Back ai Wasc TASK PIC PM E Iti E 11 En 1 Tech Draft Surv lot Hrs Coet ask $.1 2 4 8 2, 46 Tssk $.2 Z 4 $ 14 2,248 Taak 8.3 2 12 18 3D 4,822 Task 8.4 2 4 16 22 3,$30 Task 8.8 2 2 12 16 2,84D Task 8,8 2 8 18 28 4,228 Taak 8.7 2 2 $ 1Z 2,048 Task $.5 2 12 24 88 8,208 SrrtNotai 1 0 4 D 0 1 8 172 ,2 -w+ '~t ,~~ Dablia Blvd/Dorgber(y Rd -. Underground Elsdrlca! Llaea Task A Boa Shoats for Untlarpround ElaefWCal Llna Work , Task A.1 Peaparo Boa Msps for Underground L?IeeUiesl Lines Task A.2 Meet 1o nvkw the Basa Maps and Isyadnq Task A.3 RwWa and Resubmk Base Maps TASK DIC D61 Fnn III Fnn II Fnn I Tank rlnae Surv Tnf Llm C7ns} 5183 $... .. 133 ......912 S . 99 $ . . . 87 S__. 97 5 . 94 S 198 oak 1 Task A.2 2 Task A,3 2 2 1 4 6 b 4 4 18 51,780 5592 5897 Subtoml 2 5 0 0 4 10 1 Raimbunable Expenses: Prhting/Deivery l:omputerlPlotter 4.096 of protesabnal foes 4.0% of professonal fees S 130 5 130 Submtal 2 oral u et 3 509 DwiS!!a Blvd/Doaglurty Rd -. RtlocaNen Srady Task 8 Rafowtlon Study (Preliminary Studios for Raloatlon of Buslnass) Task B.1 l~vabp ABematives (Max 3) Task B.2 Pnpan area cabulstbns for al~matNes Task B.3 Meet to rovkw akamatlves Tesk B.4 Revise protarred akematlve Teelr Dlr D-.I e.,., w c.... a en.. 1 Ta,.h n'aw ec~n. T..~ la.a r..~f 5783 S_. .... .133 112 $ . 99 $.. .. 87 $.. ..97 S. 94 198 Task B.1 2 Task 6.2 Taek 6.3 2 Tesk B.4 4 2 2 2 16 10 8 12 6 6 8 42 18 4 4 18 $4,186 $1,716 5592 51,746 Subtotal 4 10 0 0 32 24 12 0 82 58,222 Ralmbursabla Expanses: Printing/Delivary ComputadPbtter 4.0% of profesabnal fees 4.096 ofprofessionalfees S S.. 329 329 Subtotal 56 Subtotal Bud et $ . 6,880 Albwance dmpunt $10,000 25~~~ x~oowwara~l fa are w n~..r p~.t n.m al vmo~ ~~~ EXIIIBIT "A" OF RESOLUTION ~1 -06 AMENDMENT T O AGREEMENT BETWEEN CITY OF DUB)<.,IN A-ND BKF ENGINEERS FOR ADDITIONAL DESIGN SERVICES FOR THE DOUGHERTY ROAD IlVIPROVEMENTS -HOUSTON PLACE TO I-5$0 PRQ,TECT WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers (•hereinafter referred to as "CONSULTANT"), entered into an agreement on September 7, 2004, to provide desx~~ and construction engineering services to CITY for the Dougherty Road Improvements -Houston Place to i-580 Project (Project); and WHEREAS, du.e to changes m the improvements and legal right-of--way descriptions necessary as the result of khe future Dublin Honda project; and WHEREAS, these revisions necessitate an amendmenl to the original Scope of Services in order to complete the design of the City of Dublin's Project; a~r~d WHEREAS, the not-to-exceed contract amount is proposed to be increased to cover the cost of additional work for the ariael~ded Scope o{' Services; NOW, THEREFORE, the parties hereto agree as follows: Amended Sco a of Services The Scope of Services shall be modified. as described in Consultant's Amended Scope of Services dated April 27, 2006, for the 1ougherty Road hmprovements -Houston Place Project, attached hereto as Exhibit "A" to the Amendment. Not-To-Exceed The total cost far work under this amendment shall not exceed an additional $34,3I7, bringing the total contract amount to $483,763 ITY OF DUBLIN• Mayor ATT]r5' BKF E~EE City Clerk ~ ~` _ ~ Nalalin De ardi, BI{F / ~Io2Ja6 G;ICONSULTANTS1bkf1AMENn 1 design DSiliU6.tXlC" ATfAC^YBIf ^i: A~,ril z~, zoot~ _ Lee Thompson ENGINEERS City of Dublin SURVEYORS T'uhhc: Works Department f00 Civic Center PLANNERS Dublin, CA X4568 Subject: Extra Work for T3ul~lin Honda Off -Site Tmprcavemenls Dear Mr Thompson, T3Kh is pleasecE to present to you a proposal for the design modifications as required to conform to the Dublin Honda Site: Plan along the Dublin Boulevard frontage. The amount of effort (or the cles~gn rncfdificalions is described in the enclosed "Snmrnary <>( Fees and Haurs by Tatik" proposal. IiKF proposes [o provide [he extra work [ask as des4rihed in the "Summary of Fees and Hours by Task" for an estimated amount of $34,317 Should any additional serv~ees be requested or required which arc not included in oin- "Summary of Fees anti Haurs by Task," these servues will he ~uns~dcred extra work and will require an amendment for approval and processing prior tr- executing any additional work task. We look forward to continue providing services to you on this project. Plcasc contact me ~f yc}u have any cluestufns or require additional infiormatiott. Very truly yours, 13KT~ Engineers Y Natalina V Bernardi, Principal /Vice President BKF Engineers ~j78n c.ha6ot Or. Suite io4 Pleasantorr Calr{nrnia 945H~+-~3z9 phone gz5.~g6.77o0 fax gz5-3.96.7799 www.bk(.~um a~~ s~ SL! MAR y OF FBES fi HOURS BY TASX EngineertngServreerjorUJJ'-SiieJmprovemeprsjorpMblJalHorrda-Phasel Work Task 1 Project Cvordinatibn Task d 100Yo SUdmitlal Task 3 Flrral PS$E 47RI1 C:hrhot fh;vc; Sut a liW Pleasanton, CA 44588 (9Z5> 396-700, r•„x (923) 3vti-77yv A K RallJhr PI 5175 S 142 n0 nq II S 120 S 108 S Enq I 93 ec 104 S ra 84 5 urv 23fi Total Hours osl ask 1 Task2 Tank 3 3 1 14 7 9 4 23 34 0 10 16 6 76 14 0 24 12 0 0 0 20 130 5B S S 14,045 6 157 BKF Subtotal 6 51,050 26 53,892 46 24 4 560 55066 52,232 0 $3,120 S3 024 SO B S 22.766 Reimbursable Expenses: PrinlinglDelivery CornpularlPlatter 4.0°~ of professional fBa6 4.0°r6 of professional fries S S 911 911 o er urea a erases Task A • Modify OubtinlDougherly intersection Improvement Project S9,730 ro aesiona arnces o u Legend - PIC Principal in Cnarga Enq I Englheer I PM Pro)ect Manager bract Drafter Eng III Englneerlll Tach Technlolan fEngineering or Survey) Eng tl Englneer II Surv Survey Field Crew Notes: T n Is assumed that there are no structure! elements as part of this project 2, Existing imperial 9arlal foppgraphrc survey is sufficient for PS&E work. , 3. Restorafion of adjacent properties is nOt irtClUded fn the scope vdfh the exception Of driveway conforms. 4. R/ght of Way work Includes only modlACations tp a maximum of 4 prat R legal descrlphons. 5. The preparation pf rel0patipn plans for utilities ndt Ownetl Dy Clfy arc excluded in the projecf scope. B. The duration of the design phase of the prn/elf !s assumed to ba 4 mpnthg. 7 !t is assumed that there wit! be 2 Cify 5Ubm1Kal3 (100$5 Submittal & Finef Submittal). 8. Irrigation, Landscaping, Permanent R Temporary Eroskan Control, Signing & Striping and Stape Catsfructton Plens are excluded from this scope vl work. 9. Project Specifications, Quantities 8 Estimate are excluded from this scope pf xrork. i0, Nydreulrc Calculatipn & /lnatysis are excluded from this SCDpt of work, 11 Project scope tncJudes the frontage Improvements along Dublin Boulevard at the Aublln Npnde S~)e. Scerlett Cpurt imprpvemenfs are limited tc Ina curb return at the rntersectinn of Dublin 9oulevard. 12. Project swpe does not intrude survey tvpdr, Task 1 Project Coordlnatton ~~ ~ ~ Task 1 1 Attend meetings with City (assume 5} Task 1.2 Coordinate design with Gi1y, Adjacent Deglgner and Qeveloper TASK _ _ PIC PM Eng III_ Eng II Eng t Tech Dreg Surv Tol Hrs Cosl Task 1 1 1 3 5 e S 1,201 Ta9k 1.2 1 2 4 4 11 S 1,363 Subtotal 2 5 9 4 0 0 D 0 .20.5 2,5134 Task 2 1g0Ye Submittal Task 2.i Prepare title sheet Task 2.2 Prepare lyplt:el prggg 5egtignS plan 9heetg $, protect CrbSS SeCilOn3 Task 2,3 Prepare layout sneers outlining geometric features Task 2.4 Prepare demolition pions Task 2.5 Prepare utility gCCUpatign sheet9 Task 2s Prepare drainage plan sheets Task 2,7 Prepare construction detail plans Task 2.8 Develop grading end prafrle sheets Task 2.9 Modtty Plats & Legalg (Assume 4) Task 2,10 Conduct Independent quality control revew Task 2.11 Prepare Plans,deteiis,calculalions for Final submittal Tq$K PIC PM En I II En II En I Toth Dreft Surv Toi Wrs COST _ Task 2.1 1 4 5 S 5373 Task 2.2 2 2 2 2 2 i0 S 7,014 Task 2.3 1 2 2 2 4 11 5 1,138 Task z.4 1 z 2 a 9 5 904 T9Ek 2.5 2 2 $ 6 $ 620 Task 2.6 1 2 2 4 9 S 97)4 Task 2,7 1 2 2 4 B' 15 S 1,470 Task 2,8 2 2 4 2 4 2 16 E 1,718 Task 2.9 1 4 B 22 35 b 4,035 Task 2,10 1 2 3 S 459 Task 2.11 1 2 4 4 11 $ 1,247 Subtotal 3 14 23 34 16 1ti 24 ^ 130 S 14,045 Task 3 Final PSa~E Task 3.1 Revise 100°/. submittal per City review cammant9 Task 3.2 Prepare Final P$$E Task 3.3 Conduct rndependent qusluy control review Task 3,4 Package documents tw 91tl TASK PIC PM Eng Ill Eng II Eng I Tech Drell Surv Tot Hrs Cast Ta9k 3,1 1 1 4 6 4 6 8 28 S 2,933 Task 3.2 2 2 4 4 6 6 24 S .2,448 Task 3.3 2 I S 264 Task 3..1 2 2 4 S 492 Subtotal 1 7 6 10 8 14 72 0 58 S 6,757 3n ~~~ Dublin Elud/DauRherry Rd lnrersectian ImprovrnrenrYroject Task A MOtflfy Prajeet Plana to Include Rhasa 1 as Existing CondlBons Task A.1 Modify project plans T2Sk A,2 Update projgCt quantifies and estimate Task A.3 Incorporate Clty ctmments Task A.4 Contluct Independent gUallty COnirpf review TASK PIC PM Eng III Eng Il Eng 1 Tech Drsfl Surv Total Cast RalElhr 5175 $ 142 $ 720 $ 108 S 93 $ 104 $ 84 $ 238 Hours Task A.1 2 4 8 10 12 10 9 S4 3 5,766 Ta9k A.2 2 4 4 10 S 1,072 Task A.3 1 1 2 2 2 8 $ 933 Task A.4 1 2 3 $ 459 Subtotal 4 9 70 10 18 18 70 0 75 5 8,230 9KF Subconsultants; RGA Utility Gbnsultants, Inc, (Lighting} 5 750 Gates $ Associates (Landscaping 8 Irrigation) $ 750 Subtotal , Subtbtel8udget 5 9,730 3~~~~ EXHIBIT "A" OF RESOLUTION ~-07 AMENDMENT N0.2 TO THE CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR ADDITIONAL DESIGN, CONSTRUCTION ADMINISTRATION AND CONSTRUCTION STAKING PHASES FOR DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO I-580 PROJECT WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers (hereinafter referred to as "CONSULTANT"), entered into an agreement on September 7, 2004, to provide design and construction engineering services to CITY for the Dougherty Road Improvements -Houston Place to I-580 Project (Project); and WHEREAS, the City approved Amendment No. 1 on May 16, 2006, to provide additional design within the public right of way for an adjacent development. project; and WHEREAS, due to changes in the Project plans and specifications and additional work required to complete the Project design phase; and WHEREAS, these revisions and additional work necessitate an amendment to the original Scope of Services in order to complete the design of the City of Dublin's Project; and WHEREAS, the not-to-exceed contract amount is proposed to be increased to cover the cost of additional work for the amended Scope of Services; NOW, THEREFORE, the parties hereto agree as follows: Amended Scope of Services The Scope of Services shall be modified as described in Consultant's Summary of Fee & Hours by Task, for the Dougherty Road Improvements -Houston Place Project, attached hereto as Exhibit "A" to the Amendment. Not-To-Exceed The total cost for work under this amendment shall not exceed an additional $78,186, bringing the total contract amount to $561,949. ATTEST: ~~ ~~ P~~ Dc.~~~ City Clerk C Y OF DUBLIN: Mayor G:\C!P\Dougheny Rd Imp -Houston to I-580\EiKFlAnund2 budget change\Exhibit A to Reso.DbC IIITAC^YBIf ~ 32~ 3~ ,SUMi11ARYOF~•-~:'FSdo Hn~IR,SRYT.4.SF Engineering Services jor 1)abJin Blvd / Duughcrry Roud lnrrrsechbn Realignment Task 1 Constnrction AdmiNStration Task 2 ConslrucGon Slaking BKF Engineers 4780 Chabot Drive; Suite I D4 PVeasanton, CA 94586 (925) 396-7100, } ax,(925) 396-7799 TASK ReteRtr PIC 182 S PM 148 5 Enp III Eng II t25 S - 111 S Enp I 97 S Teat 109 S Draft 84 Surv 220 Total Hours Cost Task 1 Task2 4 0 23 t0 33 24 0 28 50 0 42 D 0 0 0 72 176 1t0 S S 20.349 20428 BKF Subtotal 4 5728 33 S4 864 39 52 50 S4 125 SS 772 54.850 ~ 42 S4 578 0 SO 72 S15 640 286 S 40,777 Reimbursable Expenses: PrinlinglDeYvery ComputerlPlotter 4.0 % of professional Sees 4.0% of professionaliees S ~S 1,63t 1,631 ota eimbursa a xpenses ,262 rbona Work re aced to the esi n hase 34,14 ota ud et 8,78 en PIC Pdncipal h Charge PM Project Manager Eng III Engineer III Eng 11 Engineer II Notes: 1. 1t is assumed that there are no utility constnrdion staking. 2. Staking W Striping, Lighting artd Signals is exduded. Engl Engineer) r Draft Rratter Tech Technician (Engineering or Survey) Surv Survey Field Crew 3 R is assumed that redline mark~rp 1'or as-built inrorporation will be provided bylhe Contractor 4. !t is assumed that one original Myfar set otas-built will prepared and provided m the City. 5. 1! is assumed one set of staking wiN be grounded. Re-sfakinQ will be lime and Materials. ti. Additional work related fo complete the Design Phase indudes the loflowing. - Project Management (indudes meeting attendance and team coordination) -Review end address Vafi Cooperrnmments 6 Coordinate design comments with City - PaAonn supplements! Reld vedRCation and investigation including uhderpmund utility, sidewalk, B driveway locations • Update the utrliry Rlas based on field investigation b varil~cation w/ Undergmunding Plans - Check foruRliry conflicts and potential redesign o1 Stwm Orain line - Modify Aerial Mapping to reflect onsire cprrdltions - Revise Geometry perTralee Protect and new City Comments - Revise Siprta! Plans based on revised improvements -Revise Staging Plans based on revised improvements , -Revise Signing and Stn'ping Plans based on revised improvements (lndudes incorporating Bike Lane Class 2 on Dublin 81vd d North Leg olDougheRy Rd) - Revise Crvil Project Sheets to raRect revised improvements 8 Update City ConstrtrcRon Details - Address Restoration on Private Property - Prepare fuel tank alternatives and axhibrts at Singh property - Update Pmjed SpedRCations to relied The revised impmvements •~ -Update Project Cost Estimate M reflect the mvised impmvements -Field Surveyalonp Lip of Gufterat25'interval around 7rolees Improvements - Striping Revision on Northbound Dougherty Rd north o7 Sierra Lane - Deposidon Jor Singh Property K:rngOJpl+tlTpllOi [~x~Le,~nnen awawl w a1Wnp.ala ow. r wYeea ~n snmr ~.~3~ Task 1 Construction Administration Task 1.1 Prrnnde Design Clariflcatlons of i'lens and Specs Task 1.2 Review Shop Drawings for Conformance Task 1.3 Attend Meeting as Requestedduring Construction (Assume 3) Task 1.a Provide Design Revisions to Existing Design ' Task 1.5 Update Drawings for Asbuilt Submission TASK PIC PM Eng !ll Eng ll Eng I Tear Drag Sun Tot Hrs Cosi 7esk 1.1 1 6 12 B ~ Z7 S 3,346 Task 1.2 ~ 1 4 B 8 10 31 S 3,632 Taak 1.3 6 3 9 S 1,263 Task 1.4 1 3 - 6 6 12 1D 4D f 4,516 Task 1.5 1 4 4 8 20 32 _ _ 69 S 71590 Subtotal 4 ~ 23 33 24 ~ 50 42 0 D 176 S 20,349 Task 2 Constructon Shking Task 2.1 Rough Grade Staking ' Task 2.2 Stake Stomt Dre(n Task 2.3 Stake Utikty surlace sWClures (Includes City Monuments) Task 2.4 Stake Retaining Walls ' Task 2.5 Stake Curb Gutter 8 Median Curb TASK PIC PM Eng III Enp II Eng 1 Tech Draf[ Surv Tot Hrs Cosl Task 2.1 2 2 4 8 5 1,398 Task 2.2 2 4 12 18 S 3,38D Task 2.3 2 8 20 30 5 5,564 Task 2.4 2 2 4 8 S 1,399 Task 2.5 2 12 32 46 S 8 66B Subtotal 70 28 72. 111) 5 20;428 ~~w,ooonemnoawr e.~„cmwrumn swoon.na m,a,a.x~s o... r n...s.numor 3~~39 RESOLUTION NO. - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT N0.3 TO THE CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR ADDITIONAL CONSTRUCTION STAHING FOR THE DOUGHERTY ROAD IMPROVEMENTS -HOUSTON PLACE TO I-580 PROJECT WHEREAS, on September 7, 2004, the City Council of the City of Dublin approved an agreement for engineering services with BKF Engineers to perform design, surveying and construction consulting work for the Dougherty Road Improvements -Houston Place to I-580 Project (Project); and WHEREAS, additional work in the Design Phase was necessary to revise plans and specifications and.provide assistance in right of way acquisitions, resulting in the approval of Amendment No. 1; and WHEREAS, Construction Administration and Construction Staking services during construction were necessary, resulting in the approval of Amendment No. 2; and WHEREAS, the City has requested additional construction survey services in the amount of $24,962; and WHEREAS, the work to complete the construction staking exceeds the current contract amount ($561,949) by $24,962; and WHEREAS, the cost for these services will be funded by Traffic Impact Fees; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 3 to the agreement with BKF Engineers for construction staking services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Amendment, hereto attached as Exhibit "A." PASSED, APPROVED AND ADOPTED this 2nd day of December, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor error ~ ;~~ ~~~~ EXHIBIT "A" OF RESOLUTION - 08 AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR CONSTRUCTION STAKING FOR THE DOUGHERTY ROAD IMPROVEMENTS -HOUSTON PLACE TO I-580 PROJECT WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers (hereinafter referred to as "CONSULTANT"), entered into an agreement on September 7, 2004, to provide design and construction engineering services to CITY for the Dougherty Road Improvements -Houston Place to I-580 Project (Project); and WHEREAS, the City approved Amendment No. 1 on May 16, 2006, to provide additional design within the public right-of--way for an adjacent development protect; and WHEREAS, the City approved Amendment No. 2 on May 1, 2007, to perform revisions to the plans and specifications, coordination with adjacent developments, assistance with right-of--way maps, and deposition preparation; and WHEREAS, there has been the need for additional construction survey staking services; and WHEREAS, an amendment to the original Scope of Services is required in order to complete the City of Dublin's Project; and WHEREAS, the not-to-exceed contract amount is proposed to be increased by $24,962 to cover the cost of additional construction survey work for the amended Scope of Services; NOW, THEREFORE, the parties hereto agree as follows: Amended Scope of Services The Scope of Services shall be modified as described in Consultant's Financial Breakdown for the Dougherty Road Improvements -Houston Place Project, attached hereto as Exhibit "A" to the Amendment. Not-To-Exceed The total cost for work under this amendment shall not exceed an additional $24,962, bringing the total contract amount to $586,911. CITY OF DUBLIN: ATTEST: City Clerk Mayor BKF E~N~GfNEERS: ~ ~.~` .. ~ ~, Natalina~ ' ernardi, FT'~' Date: ~~,-~~ ~~ EXHIBIT Tn thA RACnIi itinn :-=~'~I~,i~ Mrr~ ru"gfRS ects ENGWffRS'~RY3YQF5 ent Proj DublinlDoughertY impr°vem 20016002'20 ~'"~ ~,./~ 3 ~ Dublin/Dougherty Improvement Projects 20016002-20 Re-Staking Costs Date Title Employee Total Hours Billing Extra-Staking & Re-Staking Description 11/27/2007 Surve orlll STEM 0.50 $62.50 Re-Stakin -#17942 01/03/2008 Surve orlll STEM 0.50 $66.00 Re-Stakin -#17947 01/04/2008 Surve orlll STEM 1.00 $132.00 Re-Stakin -#18211 11/19/2007 Surve orlll STEM 0.25 $31.25 Re-Stakin -#18221 11/20/2007 Surve orlll STEM 0.25 $31.25 Re-Stakin -#18221 06/02/2008 Surve or III STEM 0.50 $66.00 Re-Stakin - #24001 06/03/2008 Surve or III STEM 0.50 $66.00 Re-Stakin - #24001 06/04/2008 Surve or III STEM 1.50 $198.00 Re-Stakin - #24001 06/05/2008 Surve or III STEM 0.50 $66.00 Re-Stakin - #24001 06/16/2008 Surve or III STEM 1.50 $198.00 Re-Stakin - #24010 04/29/2008 Surve or III STEM 0.25 $33.00 Re-Stakin - #25217 05/02/2008 Surve or III STEM 0.50 $66.00 Re-Stakin - #25217 03/18/2008 Surve or III STEM 1.00 $132.00 Re-Stakin -Additional face of curb calcs for storm inlet Stakin 11/07/2007 Surve A rentice 1 PETE 3.00 $153.00 Re-Stakin -Field Work Authorization # 17928 11/07/2007 Chainman OJEA 3.00 $291.00 Re-Stakin -Field Work Authorization # 17928 11/07/2007 Pa Chief OJED 3.00 $369.00 Re-Stakin -Field Work Authorization # 17928 11/07/2007 Surve or III STEM 1.00 $125.00 Re-Stakin -Field Work Authorization # 17928 11/28/2007 Chainman OJEA 4.50 $436.50 Re-Stakin -Field Work Authorization # 17942 11/28/2007 Part Chief OJED 4.50 $553.50 Re-Stakin -Field Work Authorization # 17942 11/28/2007 Surve or III STEM 0.50 $62.50 Re-Stakin -Field Work Authorization # 17942 01/02/2008 Chainman OJEA 5.00 $500.00 Re-Stakin -Field Work Authorization # 17947 01/02/2008 Pa Chief OJED 5.00 $635.00 Re-Stakin -Field Work Authorization # 17947 01/02/2008 Surve or III STEM 1.50 $198.00 Re-Stakin -Field Work Authorization # 17947 01/08/2008 Surve A rentice 3 RAJS 4.00 $332.00 Re-Stakin -Field Work Authorization # 18211 01/08/2008 Chainman DAVI 4.00 $400.00 Re-Stakin -Field Work Authorization # 18211 01/08/2008 Pa Chief SHEP 4.00 $508.00 Re-Stakin -Field Work Authorization # 18211 01/08/2008 Surve or III STEM 0.25 $33.00 Re-Stakin -Field Work Authorization # 18211 11/20/2007 Surve A rentice 3 RAJS 2.00 $160.00 Re-Stakin -Field Work Authorization # 18221 11/20/2007 Chainman DAVI 2.00 $194.00 Re-Stakin -Field Work Authorization # 18221 11/20/2007 Pa Chief SHEP 2.00 $246.00 Re-Stakin -Field Work Authorization # 18221 11/09/2007 Chainman OJEA 3.00 $291.00 Re-Stakin -Field Work Authorization # 18290 11/09/2007 Pa Chief OJED 3.00 $369.00 Re-Stakin -Field Work Authorization # 18290 11/09/2007 Surve or III STEM 0.50 $62.50 Re-Stakin -Field Work Authorization # 18290 06/05/2008 Chainman OJEA 2.00 $200.00 Re-Stakin -Restaked Curb/Gutter & BOW at Dublin &Scarlett Court #24001 06/05/2008 Pa Chief OJED 2.00 $254.00 Re-Stakin -Restaked Curb/Gutter & BOW at Dublin &Scarlett Court #24001 05/02/2008 Chainman OJED 2.00 $200.00 Re-Stakin -Restaked Curb/Gutter & BOW at Scarlett Court #25217 05/02/2008 Pa Chief OJEA 2.00 $254.00 Re-Stakin -Restaked Curb/Gutter & BOW at Scarlett Court #25217 06/17/2008 Chainman OJEA 7.00 $700.00 Re-Stakin -Restaked FG oints & rade breaks on Dublin &Dou he #24010 06/17/2008 Pa Chief OJED 7.00 $889.00 Re-Stakin -Restaked FG oints & rade breaks on Dublin &Dou he #24010 Total Amount of Out of Scope Staking Requests $9,564.00 ~~ W ~~ Dublin/Dougherty Improvement Projects 20016002-20 Extra Staking Costs Date Title Employee Total Hours Billing Extra-Staking & Re-Staking Description 07/18/2007 Surve A rentice 3 RAJS 4.00 $320.00 Extra-Stakin -Staked ROW & TCE on westside of Dou hert #17712 07/18/2007 Surve or III STEM 0.25 $31.25 Extra-Stakin - #17712 07/18/2007 Surve or III STEM 1.50 $187.50 Extra-Stakin - #17712 12/19/2007 SV1 Surve or I MILJ 2.00 $194.00 Extra-Stakin - #17889 12/20/2007 Surve or III STEM 2.00 $250.00 Extra-Stakin - #17889 01/14/2008 Surve orlll STEM 1.00 $132.00 Extra-Stakin -#17907 03/10/2008 Surve or III STEM 0.50 $66.00 Extra-Stakin - #18296 03/20/2008 Surve or III STEM 0.50 $66.00 Extra-Stakin - #18334 06/10/2008 Surve or III STEM 1.50 $198.00 Extra-Stakin - #24007 06/13/2008 Surve or III STEM 0.50 $66.00 Extra-Stakin - #24007 06/13/2008 Surve or III STEM 1.50 $198.00 Extra-Stakin - #24007 06/17/2008 Surve or III STEM 1.00 $132.00 Extra-Stakin - #24010 06/17/2008 Surve or III STEM 0.50 $66.00 Extra-Stakin - #24010 04/28/2008 Surve or III -STEM 1.25 $165.00 Extra-Stakin - #25213 11/06/2007 Surve or III STEM 1.00 $125.00 Extra-Stakin -Additional calculations for restakin 12/11/2007 Surve or III STEM 1.00 $125.00 Extra-Stakin - Calcs for C&G at additoional s ots to areas alread staked 03/03/2008 Surve or III STEM 1.00 $132.00 Extra-Stakin - Calcs for Caltrans CDS Units 12/13/2007 Surve A rentice 3 RAJS 2.50 $200.00 Extra-Stakin - Calcs for conduit at median noses for electrical contractor 12/13/2007 Chainman DAVI 2.50 $242.50 Extra-Stakin - Calcs for conduit at median noses for electrical contractor 12/13/2007 Pa Chief SHEP 2.50 $307.50 Extra-Stakin - Calcs for conduit at median noses for electrical contractor 12/13/2007 Surve or III STEM 0.50 $62.50 Extra-Stakin - Calcs for conduit at median noses for electrical contractor 12/13/2007 Surve or III STEM 1.00 $125.00 Extra-Stakin - Calcs for conduit at median noses for electrical contractor 01/31/2008 Surve or III STEM 1.50 $198.00 Extra-Stakin - Calcs for utili corssin sat median for under round contractor 12/21/2007 Surve A rentice 3 RAJS 8.00 $640.00 Extra-Stakin -Field Work Authorization # 17889 12/21/2007 Chainman OJEA 8.00 $776.00 Extra-Stakin -Field Work Authorization # 17889 12/21/2007 Pa Chief OJED 8.00 $984.00 Extra-Stakin -Field Work Authorization # 17889 12/21/2007 Surve or III STEM 0.50 $62.50 Extra-Stakin -Field Work Authorization # 17889 02/04/2008 Surve A rentice 3 RAJS 1.00 $83.00 Extra-Stakin -Field Work Authorization # 17907 02/04/2008 Chainman OJEA 1.00 $100.00 Extra-Stakin -Field Work Authorization # 17907 02/04/2008 Pa Chief OJED 1.00 $127.00 Extra-Stakin -Field Work Authorization # 17907 02/04/2008 Surve or III STEM 0.50 $66.00 Extra-Stakin -Field Work Authorization # 17907 12/05/2007 Chainman OJEA 2.00 $194.00 Extra-Stakin -Field Work Authorization # 17941 12/05/2007 Pa Chief OJED 2.00 $246.00 Extra-Stakin -Field Work Authorization # 17941 12/05/2007 Surve or III STEM 1.50 $187.50 Extra-Stakin -Field Work Authorization # 17941 03/04/2008 Chainman OJED 1.00 $100.00 Extra-Stakin -Field Work Authorization # 17995 03/04/2008 Pa Chief OJEA 1.00 $127.00 Extra-Stakin -Field Work Authorization # 17995 03/04/2008 Surve or III STEM 0.50 $66.00 Extra-Stakin -Field Work Authorization # 17995 11/14/2007 Surve A rentice 1 PETE 7.00 $357.00 Extra-Stakin -Field Work Authorization # 18291 11!14/2007 Chainman OJEA 7.00 $679.00 Extra-Stakin -Field Work Authorization # 18291 11/14/2007 Pa Chief OJED 7.00 $861.00 Extra-Stakin -Field Work Authorization # 18291 11/14/2007 Surve or III STEM 4.00 $500.00 Extra-Stakin -Field Work Authorization # 18291 03/11/2008 Surve A rentice 3 RAJS 2.50 $207.50 Extra-Stakin -Field Work Authorization # 18296 03/11/2008 Chainman OJEA 2.50 $250.00 Extra-Stakin -Field Work Authorization # 18296 03/11/2008 Pa Chief OJED 2.50 $317.50 Extra-Stakin -Field Work Authorization # 18296 ~~ Date Title Employee Total Hours Billing Extra-Staking 8~ Re-Staking Description 03/11/2008 Surve or III STEM 0.50 $66.00 Extra-Stakin -Field Work Authorization # 18296 03/24!2008 Surve A rentice 3 RAJS 3.00 $249.00 Extra-Stakin -Field Work Authorization # 18334 03/24/2008 Chainman DAVI 3.00 $300.00 Extra-Stakin -Field Work Authorization # 18334 03/24/2008 Pa Chief SHEP 3.00 $381.00 Extra-Stakin -Field Work Authorization # 18334 03/24/2008 Surve or III STEM 0.50 $66.00 Extra-Stakin -Field Work Authorization # 18334 03/24/2008 Surve or III STEM 1.00 $132.00 Extra-Stakin -Field Work Authorization # 18334 03/13/2008 Chainman DAVI 8.00 $800.00 Extra-Stakin -Field Work Authorization # 18337 03/13/2008 Pa Chief SHEP 8.00 $1,016.00 Extra-Stakin -Field Work Authorization # 18337 03/13/2008 Surve or III STEM 0.50 $66.00 Extra-Stakin -Field Work Authorization # 18337 03/13/2008 Surve or III STEM 2.00 $264.00 Extra-Stakin -Field Work Authorization # 18337 11/13/2007 Surve or III STEM 4.50 $562.50 Extra-Stakin -Finish Grade calculations alon Sawcut/Conform 12/12/2007 Surve or III STEM 2.00 $250.00 Extra-Stakin -Finish Grade calculations alon Sawcut/Conform 12/17/2007 Surve or III STEM 1.00 $125.00 Extra-Stakin -Finish Grade calculations alon Sawcut/Conform 04/24/2008 Surve or III STEM 2.00 $264.00 Extra-Stakin -Sawcut calcs for Dublin Medians 04/28/2008 Chainman OJEA 8.50 $850.00 Extra-Stakin -Sawcut stakin on East & West sides of Dublin #25213 04/28/2008 Pa Chief OJED 8.50 $1,079.50 Extra-Stakin -Sawcut stakin on East & West sides of Dublin #25213 03/12/2008 Surve or III STEM 4.00 $528.00 Extra-Stakin -Sawcut with finish rade calculated at conforms 06/13/2008 Chainman OJEA 5.00 $500.00 Extra-Stakin -Staked FG oints at intersection Dublin/Dou he #24007 06/13/2008 Pa Chief OJED 5.00 $635.00 Extra-Stakin -Staked FG oints at intersection Dublin/Dou he #24007 07/01/2008 Chainman OJEA 2.00 $200.00 Extra-Stakin -Staked roe line from Scarlett Court to Dou he Road #24053 07/01/2008 Pa Chief OJED 2.00 $254.00 Extra-Stakin -Staked roe line from Scarlett Court to Dou he Road #24053 07/18/2007 Chainman OJEA 4.00 $388.00 Extra-Stakin -Staked ROW &TCE on westside of Dou hert #17712 07/18/2007 Pa Chief OJED 4.00 $492.00 Extra-Stakin -Staked ROW & TCE on westside of Dou he #17712 11/12/2007 Surve or III STEM 2.50 $312.50 Extra-Stakin -Started Finish Grade calculations alon Sawcut/Conform Total Amount of Out of Scope Staking Requests $20,300.75 ~'