HomeMy WebLinkAboutReso 18-21 Approving an Agreement with MNS Engineers Inc for Construction Administration InspectionReso. No. 18-21, Item 4.3, Adopted 03/02/2021 Page 1 of 2
RESOLUTION NO. 18 - 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH MNS ENGINEERS, INC. FOR CONSTRUCTION
ADMINSTRATION, INSPECTION, AND MATERIALS TESTING FOR THE IRON HORSE
TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT (CIP NO. ST0118)
WHEREAS, On November 7, 2017, the City Council approved the Iron Horse Trail
Feasibility Study as well as the proposed design of a bridge crossing at Dublin Boulevard; and
WHEREAS, on February 20, 2018, the City Council adopted Resolution No. 15-18
approving a new Capital Improvement Program Project - Iron Horse Trail Bridge at Dublin
Boulevard (Project) and approving a Consulting Services Agreement with Mark Thomas &
Company, Inc. for completing final design phase for the Project; and
WHEREAS, the City has received grant funding and in combination with other budgeted
transportation and developer funds has adequate funds to complete design, construction
administration, and construction of the Project; and
WHEREAS, it is now prudent to proceed with construction administration services for the
Project; and
WHEREAS, the City completed a Request For Proposal (RFP) process to select a consulting
firm to perform construction administration, inspection, and materials testing for the Project; and
WHEREAS, of the seven responses to the RFP, MNS Engineers, Inc. (Consultant) was highest
ranked and demonstrated the ability to perform said work; and
WHEREAS, Consultant is available to perform said work as specified for a not-to-exceed
amount of $950,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Consulting Services Agreement with MNS Engineers, Inc. attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to
carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of March 2021, by the following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
Reso. No. 18-21, Item 4.3, Adopted 03/02/2021 Page 2 of 2
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
MNS ENGINEERS, INC.
FOR
IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
MNS Engineers, Inc. (“Consultant”) as of March 2, 2021 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
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 Effective Date and shall
end on February 28, 2023, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work,” the services constitute a public works
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
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Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Nine
Hundred and Fifty Thousand Dollars, ($950,000) notwithstanding any contrary indications that may be
contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as
Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant
for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
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The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall
not exceed $70,044.14. Expenses not listed in Exhibit B are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under
this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
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insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
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4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
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not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
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Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
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customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall, at all
times, exercise Standard of Care to comply with all laws and regulations applicable to the
performance of the work hereunder, including but not limited to, the California Building
Code, the Americans with Disabilities Act, and any copyright, patent or trademark law.
Consultant’s failure to comply with any law(s) or regulation(s) applicable to the
performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
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creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 12 of 15
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 13 of 15
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
MNS Engineers, Inc.
Att: Jim Scott
401 Grand Avenue Suite 200
Oakland, CA 94610
Any written notice to City shall be sent to:
City of Dublin
Att: Andrew Russell
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 14 of 15
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 15 of 15
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN MNS Engineers, Inc.
Linda Smith, City Manager James Salvito, President
Attest:1000003564
Consultant’s DIR Registration Number
Caroline Soto, City Clerk
Approved as to Form:
City Attorney
3070368.1
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
See attached Scope of Services and Schedule
EXHIBIT A
SCOPE OF WORK
INTRODUCTION
This project will construct a Class 1 bicycle and pedestrian truss arch bridge over Dublin Boulevard
near the Dublin Boulevard and Scarlett Drive intersection. The bridge will provide safer and easier
Iron Horse Trail access, including access to and from the Dublin-Pleasanton BART station, and will
connect two existing segments of the Iron Horse Trail, creating a total separation of bicyclists and
pedestrians from motorized vehicles. Construction work will generally consist of miscellaneous
clearing and demolition, cast-in-place footing construction, retaining wall installation, bridge
fabrication and erection, ADA ramp and steel railing installation, trail lighting installation, and any
associated paving work.
The project’s current engineer’s estimate is between $7 and $8 million with an estimated project
construction length of 240 working days. Project working hours are anticipated to be Monday through
Friday with standard allowable working hours (approximately 7:00 AM to 6:00 PM). Special
construction conditions may require Saturday, Sunday, and night work.
The PS&E package is currently at approximately 95% completion and the documents are ready for
constructability and bid process review. The City and its design consultant are currently finalizing the
license agreement for construction work on Alameda County land.
The Dublin Crossing Specific Plan Environmental Impact Report (DCEIR) Initial
Study/Supplemental Mitigated Negative Declaration (IS/SMND) was approved by the City Council
on April 7, 2020. Per the SMND, the DCEIR adequately addresses the potential environmental
impacts for the project. However, the project must adhere to the requirements of the DCEIR.
Construction permits are required prior to the start of construction activities. Per the DCEIR and
IS/SMND, wetlands south of Dublin Boulevard were identified to be impacted by this project. As a
result, Regional Water Quality Control Board, Section 401, Section 404, and any other permits noted
in the DCEIR may be needed. Other construction related permits, such as an encroachment permit,
will need to be acquired prior to the start construction work.
Services Requested
The selected team will provide professional and technical services to provide a pre-bid
constructability review, perform bid support, conduct construction management, inspect
construction work, and perform material testing for the Iron Horse Trail Bridge project under the
supervision of the City of Dublin.
The following services are required under this contract:
Perform a pre-bid 95% design constructability review of the construction documents.
Assist the City’s Project Manager and Designer during the bid solicitation.
Bid Evaluation
Construction Management
Coordination with the City, Contractor, Agencies, and Public
Public Works Inspection
Materials testing and Special Inspection
Project Closeout documentation
SCOPE OF WORK
The Scope of Services is intended as a guide to illustrate the minimum project requirements.
Services During Pre-Construction:
The Construction Manager will assist City Staff in the following:
1. Perform a review of the 95% design construction documents issued to the City for review
and provide recommendations regarding feasibility of construction methods, current
availability of materials and labor and time requirements for procurement. Identify materials
or services that may have a long lead time and could impact to the project.
2. Review construction bid documents and provide written comments to the City for
incorporation into the bid documents by addendum if necessary.
3. Work with the City to develop strategies to generate market interest in the Project.
4. Take the lead in managing the bid process including receiving bidder’s questions, distributing
information to the Owner and their consultants, issuing bid addendums, analyzing bids and
ultimately make a recommendation of award to the City Project Manager. Provide
documentation and substantiation to allow staff to gain Council approval of award.
5. Take the lead in managing the Section 404, and Section 401 permits, as required by the
DCEIR and state and local agencies and acquiring and managing the RWQCB as required by
the DCEIR and state and local agencies.
6. Maintain an electronic project management filing system on the City’s network using the
Microsoft Office Suite.
7. Work with and provide project specific construction recommendations to the design team.
Review and provide comment on the construction logistics plans produced by the design
team.
Services During Construction:
The Construction Manager will represent the City during construction of the project. The
Construction Manager will perform the following specific services:
1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper
communication and progress of the project. Act as liaison to the City through the City’s
Project Manager.
2. Schedule, direct, and supervise the Project Inspector.
3. Coordinate all required testing services and review testing reports and materials testing
personal.
4. Provide on-site coordination to assure that the project meets the Plans and Specifications
and stays on budget and schedule.
5. Review, evaluate, and furnish recommendations to the City regarding contractor’s
performance, construction schedule and any other matters related to compliance with the
contract.
6. Provide a daily log of events and activities to secure the City’s interests and monitor work
accomplished in accordance with the contract.
7. Review, track, and assist in the preparation of responses to Contractor RFI’s.
8. Review, track, and assist in the review of Contractor submittals.
9. Review and track certificates of compliance and product submittals for conformance to the
project Special Provisions and/or Caltrans Standard Specifications and Plans.
10. Provide a weekly and monthly update outlining project status, schedule, submittals, RFI’s,
and change order issues. Include pertinent photos or supporting documents. The report
should include an analysis of any potential delays and their actual relevance. The report
should be suitably formatted to share with the City Manager’s Office.
11. Review and furnish contract correspondence, minutes of meetings and directives to be
issued to secure the interests of the City.
12. Review and make recommendations regarding payments to contractor including Change
Orders, when applicable, and recommendations regarding any proposed changes. Prepare
and provide cost analysis where necessary to verify change order costs generated by the
Contractor are reasonable and correct in scope.
13. Attend all construction-related site meetings with the City’s representatives, contractors, and
other meetings between related parties as required. Maintain separate notes on such
meetings. Assume a minimum of one (1) meeting at the project site each week for the
duration of the project within your base proposal.
14. Verify that the Contractor complies with the requirement of the State of California Notice of
Intent (NOI) requirements.
15. Assist with providing any information to the City Departments, as required.
16. Oversee the general contractor and subcontractor’s scope of work to ensure the General
Contractor is providing proper site supervision and coordination for the execution of the
project work.
17. Identify potential claims and make recommendations to resolve them.
18. Upon completion of the project work, provide a punch list review and recommendation of
Project Acceptance.
19. Upon completion of the project work, review all the Contractor’s final submittals to ensure
their compliance with final project close-out requirements.
20. Prepare documents for the periodic reporting of grant funds and billings.
The Project Inspector will represent the City during construction and report to the Construction
Manager. The Project Manager will perform the following specific services:
1. Provide on-site inspection to assure that the project is constructed in compliance with the
Plans and Specifications. (assume minimum of 40 hours per week for this task)
2. Provide inspectors daily report of events, manpower, and activities so as to secure the City’s
interests and monitor work accomplished in accordance with the contract. Daily progress
pictures shall be incorporated into the report.
3. Take digital photographs and digital video tape recordings of the construction progress on a
regular basis, including pre-construction conditions within the project limits
4. Collect material tags and verify materials on site meet project specifications and project
submittals.
5. Issue Weekly Statement of working Days.
6. Maintain a redline set of as-built plans and specifications.
7. Track and field-verify quantities of actual improvements installed by the Contractor and
maintain a quantity bid sheet for each bid item of work.
8. Assists the Construction Manager in review and recommendation of progress payments.
9. Track and document Time and Materials work issued to the Contractor.
10. Working with the Construction Manager and other agencies and permit holders to issue a
project punch-list.
Material testing and Special Inspection:
1. Sub-grade and base compaction, gradation, and compaction curve.
2. Portland cement concrete strength and slump.
3. Asphalt concrete compaction, gradation, compaction curve, asphalt content.
4. Rebar inspection.
5. Welding and shop fabrications of steel components not covered by the bridge manufactures
Quality Assurance Program. (as required under City authorized source inspection option)
6. Bridge footing piles.
7. High strength bolting.
8. Any other items designated by the Engineer of Record requiring full time observation.
Post-Construction Services
1. Provide marked up construction record drawings (as-built drawings) for designer
completion.
2. Coordinate and prepare final progress payment.
3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by Alameda CTC, BART, and
resolve all contractor claims, if any.
4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documents over to the City of Dublin.
Resources
Office Space – The City of Dublin will provide office space for the Construction Manager at a City
facility that will include the following: desk, computer terminal, desk phone, and shared printer and
copier. The project inspector could use the facilities provided to the Construction Manager if the
Construction Manager would allow, but separate amenities will not be provided for the inspector or
materials tester.
Consultant Provided Equipment – Consultant shall provide all other necessary equipment,
vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete
the project.
ID Task Name Duration1Structural Steel Submittal42 days2Startup Submittals20 days3Mobilization5 days4Demolition5 days5Roadway Excavation4 days6Fine Grade2 days7Class 2 AB2 days8AC4 days9Retaining Wall 145 days10CIDH Piles15 days11Bridge Footings10 days12Bridge Pier Wall15 days13Columns7 days14Approach Deck10 days15CIDH Piles15 days16Bridge Footings10 days17Bridge Pier Wall15 days18Columns7 days19Approach Deck10 days20Retaining Wall 245 days21Retaining Wall 360 days22Design/Fabricate Truss120 days23Deliver and prep bridge45 days24Set Bridge, Place Deck15 days25Finish Work40 days20 daysStartup Submittals5 daysMobilization5 daysDemolition4 daysRoadway Excavation2 daysFine Grade2 daysClass 2 AB4 daysAC45 daysRetaining Wall 115 daysCIDH Piles10 daysBridge Footings15 daysBridge Pier Wall7 daysColumns10 daysApproach Deck15 daysCIDH Piles10 daysBridge Footings15 daysBridge Pier Wall7 daysColumns10 daysApproach Deck45 daysRetaining Wall 260 daysRetaining Wall 35/306/66/136/206/277/47/117/187/258/18/88/158/228/299/59/129/199/2610/310/1010/1710/2410/3111/711/1411/2111/2812/512/1212/1912/261/21/91/161/231/302/62/132/202/273/63/133/203/274/34/104/174/245/15/85/155/225/296/56/126/196/267/37/107/177/247/318/78/14JuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustTaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressPage 1Project: Dublin Bid Schedule 02Date: Mon 2/1/21
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
See attached Compensation Schedule & Reimbursable Expenses
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Pre-Construction 28,952.00$
Constructability Review
Advert, Bid, Award
Construction 566,930.00$
Submittals
On-Site Construction
Project Closeout 36,000.00$
Role Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Construction Manager 40 20 20 80 232.00 18,560.00$
Contract Manager/Technical Support 16 16 232.00 3,712.00$
Construction Inspector 40 40 167.00 6,680.00$
0 0 96 20 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 136 28,952.00$
Construction Manager 40 80 160 160 160 40 40 40 40 40 80 80 80 1040 232.00 241,280.00$
Construction Inspector 80 170 170 170 170 170 170 170 170 170 170 170 1950 167.00 325,650.00$
0 0 0 0 0 40 160 330 330 330 210 210 210 210 210 250 250 250 0 0 0 0 0 0 2990 566,930.00$
Construction Manager 40 40 232.00 9,280.00$
Construction Inspector 80 40 40 160 167.00 26,720.00$
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 40 40 0 0 0 200 36,000.00$
0 0 96 20 20 40 160 330 330 330 210 210 210 210 210 250 250 250 120 40 40 0 0 0 3326 631,882.00$
Total Labor $631,882.00
$631,882.00
24,462.14$
24,462.14$
Materials Testing/Special Inspection 85,394.00$
Source Inspection 36,602.00$
CIDH Pile Testing 8,240.00$
130,236.00$
Sub Consultant & Direct Expense Mark-Up $7,734.91
$794,315.05
STAFF AUTHORIZED OPTION (Steel Bridge / Welding Source Inspection)
Source Inspection 147,879.00$
147,879.00$
Sub Consultant & Direct Expense Mark-Up $7,805.95
$155,684.95
CONTRACT TOTAL, Base Contract + Staff Authorized Option $950,000.00
Notes:
1. Assumes 170 hours per month based upon 8 hour working days with no overtime. Inspector overtime (if any) will be billed at 1.5X
2. Based upon a construction NTP of July 2021 and a construction contract duration of 240 working days
3. Steel bridge will be a prefabricated "off the shelf" bridge
4. Steel bridge submittal and Welding Quality Control Plan (WQCP) will be approved within 40 working days of NTP and fabrication completed within 120 working days after submittal approval.
5. Prevailing Wage (PW) rates subject to PW adjustments.
6. Direct costs and subconsultants to be billed at cost plus 5%
Source Inspection / Welding / Steel Bridge Assumptions:
7. AWS D1.1 welding standards will be used
8. Assumes no fracture critical welding under AWS D1.5 will be required
9. Bolted connections will be used for vertical splices for top section of arch bridge
10. Assumes out-of-state source inspection can be completed for steel bridge fabrication in 63 working days within the 120 working day fabrication duration and minimal non-conformance issues.
11. Assumes 1 trip to out-of-state fabricator to witness Procedure Qualification Records (PQRs) for 1 week. Also assumes pre-fabrication meetings will be held via teleconference.
12. Source Inspection of "Other Materials" assumes 1 trip out-of-state for each item listed (i.e. anchor bolts, hoops, etc.)
13. Prefabricated steel truss manufacturer must hold AISC shop certification per SSP 55-2.01D(2)(b). The AISC shop certification includes quality control and certification requirements.
PHASE
Project Schedule
2021 2022
TOTAL COST 2021 2022 TOTAL
HOURS
STAFF AUTHORIZED OPTION TOTAL
Tom Loomis, P.E.
HOURLY
RATE
Construction Administration, Inspection, and Material TestingIron Horse Trail Bridge at Dublin Boulevard
City of Dublin
PHASE
Chris McDermott, P. E.
Chris McDermott, P. E.
CONSTRUCTION MANAGEMENT SUB-TOTAL
PRE-CONSTRUCTION SUB-TOTAL
CONSTRUCTION
Staff
PRE-CONSTRUCTION
Tom Loomis, P.E.
Thomas Fresquez, P. E.
Chris McDermott, P. E.
Tom Loomis, P.E.
PROJECT CLOSEOUT
DIRECT EXPENSES SUB-TOTAL
Miscellaneous
PROJECT CLOSEOUT SUB-TOTAL
TOTAL
MNS TOTAL COST
SUB CONSULTANTS SUB-TOTAL
BASE CONTRACT TOTAL
Alta Vista Solutions
ABE
SUB CONSULTANTS SUB-TOTAL
BSK
Materials Subconsutants
Alta Vista Solutions
Direct Expenses
100.00% 0.00%0.00% 0.00%0.00% 0.00%0.00% 0.00%1.0000Materials EngineerAssistant Materials EngineerASNT Level III InspectorASNT Level II Senior InspectorASNT Level II InspectorAWS Certified Welding Inspector (CWI)NACE Level III Coating InspectorPre-Cast Concrete (PCI) Level II InspectorTechnical ExpertsDirect Expenses ($)HoursEscalated Direct Labor or NBR $TOTAL COSTTask #Billing Rate $145.00 $122.00 $195.00 $145.00 $130.00 $125.00 $150.00 $125.00 $300.00 $1Prepare a Quality Management Plan (QMP)080000000089769761.1 Generation of QMP for approval88 976 9762 Submittal Reviews00816008000325080 50802.1 Shop Drawings0088 1560 15602.2 Welding Quality Control Plan (Shop and Field)0001616 2320 23202.3 Paint Quality Control Plan0 0 8 8 1200 12002.4 Concrete Mix Designs000 03 Pre-Fabrication Meetings and PQR Witnessing000000000000 04Source Inspection of Structural Steel Fabrication 000000000000 05Source Inspection of Other Materials10 20 0 0 0 80 0 0 0 14,704 110 13890 285945.1 High Strength Bolts2 4 16 22 2778 27785.2 Anchor Bolts2 4 16 22 2778 27785.3 Welded Hoops2 4 16 22 2778 27785.4 Prestressed Strands2 4 16 22 2778 27785.5 Elastomeric Bearing Pads2 4 16 22 2778 27785.6 Travel - Air1,400 0 0 14005.7 Travel - Lodging1,540 0 0 15405.8 Travel - Per Diem644 0 0 6445.9 Travel - Rental Car1,120 0 0 11205.10 Lab Testing10,000 0 0 100006Project Closeout01600000000161952 19526.1 Project Closeout1616 1952 19527 Structural Backfill000000000000 08 Structural Concrete000000000000 0BASE CONTRACT TOTAL 10 44 8 16 0 80 8 0 0 $14,704 166 $21,898$36,602Subconsultant : Alta Vista Solutions Estimated Base Contract CostCLASSIFICATIONS CALCULATION SECTIONNON-CONTINGENCY TASKS/DELIVERABLESAlta Vista Solutions - Base ContractPROJECT NAME: Iron Horse Bridge at Dublin Blvd. CIP No. ST0118BASE CONTRACT% of budget in CY+2 Negotiated Profit Rate% of budget in CY+3 Annual Escalation RateAnnualization FactorMULTIPLIERS% of budget in Current Year (CY) Accepted Overhead Rate% of budget in CY+1 Fringe RateThese values will be zero if a firm uses Negotiated Billing Rates (NBRs); otherwise, use applicable Overhead and Fringe rates. Escalation not applicable to
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100.00% 0.00%0.00% 0.00%0.00% 0.00%0.00% 0.00%1.0000Materials EngineerAssistant Materials EngineerASNT Level III InspectorASNT Level II Senior InspectorASNT Level II InspectorAWS Certified Welding Inspector (CWI)NACE Level III Coating InspectorPre-Cast Concrete (PCI) Level II InspectorTechnical ExpertsDirect Expenses ($)HoursEscalated Direct Labor or NBR $TOTAL COSTTask #Billing Rate $145.00 $122.00 $195.00 $145.00 $130.00 $125.00 $150.00 $125.00 $300.00 $1Prepare a Quality Management Plan (QMP)000000000000 02 Submittal Reviews000000000000 03 Pre-Fabrication Meetings and PQR Witnessing0 12 0 4 0 40 0 0 0 4,680 56 7044 117243.1 Pre-Fabrication Meeting08 412 1556 15563.2 PQR Witnessing0 4 40 44 5488 54883.3 Travel - Air1,400 0 0 14003.4 Travel - Lodging550 0 0 5503.5 Travel - Per Diem230 0 0 2303.6 Lab Testing2,500 0 0 25004Source Inspection of Structural Steel Fabrication 33 126 56 544 0 0 0 0 0 26,198 759 109957 1361554.1 Inspection of the Fabricated Steel Truss Bridge 33 126 56 544759 109957 1099574.2 Travel - Air8,400 0 0 84004.3 Travel - Lodging9,900 0 0 99004.4 Travel - Per Diem2,898 0 0 28984.5 Lab Testing5,000 0 0 50005Source Inspection of Other Materials 000000000000 06Project Closeout000000000000 07 Structural Backfill000000000000 08 Structural Concrete000000000000 0STAFF AUTHORIZED OPTION TOTAL 33 138 56 548 0 40 0 0 0 $30,878 815 $117,001$147,879MULTIPLIERS% of budget in Current Year (CY) Accepted Overhead Rate% of budget in CY+1 Fringe Rate% of budget in CY+2 Negotiated Profit Rate% of budget in CY+3 Annual Escalation RateAnnualization FactorNON-CONTINGENCY TASKS/DELIVERABLESAlta Vista Solutions - Staff Authorized Option CostPROJECT NAME: Iron Horse Bridge at Dublin Blvd. CIP No. ST0118STAFF AUTHORIZED OPTIONSubconsultant : Alta Vista Solutions Estimated Staff Authorized Option CostCLASSIFICATIONS CALCULATION SECTIONThese values will be zero if a firm uses Negotiated Billing Rates (NBRs); otherwise, use applicable Overhead and Fringe rates. Escalation not applicable to
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit C – Page 1 of 1
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit D – Page 1 of 3
EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker engaged in the performance of
the services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit D – Page 2 of 3
prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor’s certified payroll
records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer’s employees on the public works
project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be submitted directly to the Labor Commission, and available for inspection by the
Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit D – Page 3 of 3
Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non-manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
3070368.1