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HomeMy WebLinkAboutDokken Engineering - 2004 Agreement D'5L I AGREEMENT FOR SERVICES ThiSAGREEMENTmadethis~daYOf Av,uf..J... ~oo4 between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Dokken Engineering, having a principal place of business at 11171 Sun Center Drive, Suite 250, Rancho Cordova, CA 95670 ARTICLE 1. TERM OF AGREEMENT This ~e7ent will become effective on l / / J, /6 4- and will continne in effect through J If:, fJ' unless terminated in accordance with the provisions of Article 7 of this Agreement. ' ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULT ANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULT ANT shall not be entitled to any ofthe rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT Specific Services CONSULTANT agrees to perform the services as outlined in Exhibit "A" ("Specific Provisions") and Exhibit "B" ("Scope of Services"), within the time periods described in Exhibit "c" ("Payment Schedule") and Exhibit "D" ("Milestone Schedule"). CITY and CONSULT ANT recognize that many of the engineering, surveying, analysis, reporting, "potholing" and other tasks and services specified in said Exhibits are contemplated to be performed by third party individuals and firms ("Subconsultant"). Notwithstanding anything else in this Agreement to the contrary: . CONSULT ANT shall remain obligated for the performance of services under this Agreement as specified in said Exhibits, regardless of whether the services are to be performed directly by Consultant or by a Subconsultant. INVHI627203.3 01-070804-04706091 -1- . CONSULTANT shall contract directly with Subconsultants to perform services required under this Agreement and CITY shall have no contractual or other relationship with Subconsultants. CONSULTANT shall include in its contract with each Subconsultant a provision stating that the Subconsultant has no contractual relationship with the CITY, together will all other provisions required under this Agreement. . CONSULTANT shall pay each Subconsultant all sums due for all tasks and services described herein performed by said Subconsultant, and CITY shall have no liability to pay any Subconsultant. Upon request of CITY, CONSULTANT shall furnish to CITY evidence in a form acceptable to CITY of each Subconsultant's release of any and all rights the Sub consultant may have against the CITY, under Cal. Civil Code ~ 3179 et seq. or any other provision of law, arising out of the Subconsultant's claim for compensation for services rendered or tasks performed that are covered under this Agreement. Method of Performing Services CONSULT ANT shall determine the method, details and means of performing the above- described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. Employment of Assistants In addition to employing Subconsultants as specified in the Agreement and Exhibits hereto, CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULT ANT by this Agreement, subject to the prohibition against assignment and subcontraGting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S Subconsultants or its assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these Subconsultants and assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULT ANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT as provided for in Exhibit "C," "Payment Schedule". CONSULTANT shall perform this Agreement under a time and materials basis, with a firm fixed hourly rate not to exceed tl1e d911ar amount per task,. as. set forth on pages 5 and 6 of Exhibit ."C." The rates will be fixed for the duration of the Agreement. The CITY contracts with the CONSULTANT to have the project designed on a task order basis. INVHI627203.3 01-070804-04706091 -2- Invoices The final, negotiated scope of services and cost estimate by task is attached to this Agreement in Exhibits "B" and "C," and payment for services will be made on the basis of the information contained therein. Invoices must be consistent with the contract in order to ensure that payment for services rendered is made ina timely, efficient manner. Payments shall be based on invoices submitted for each project task and subtask. CONSULTANT is required to submit brief monthly progress reports. Payment Payment shall be due within thirty (30) days after receipt of invoice describing the work performed and approved direct expenses as provided for in Exhibit "A" IV incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach ofthis Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. Expenses CONSULT ANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT or Subconsultants, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT or Sub consultants and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT Tools and Instrumentalities CONSULT ANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULT ANT is not required to purchase or rent any tools, equipment or services from CITY. Workers' Compensation CONSULT ANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, INVH1627203.3 01-070804-04706091 -3- liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. CONSULTANT agrees to require, in written agreements with all Subconsultants, that each Subconsultant provide workers' compensation insurance for Subconsultant's employees and agents and that each Subconsultant agree to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of Subconsultant' s employees. Indemnification of Liability, Duty to Defend A. As Respects Professional Liability: To the fullest extent permitted by law, CONSULTANT shall defend through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and reasonable expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S Subconsultants, assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. B. As Respects Other Liability: To the fullest extent permitted by law, CONSULTANT shall defend through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify'and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S Subconsultants, assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term ofthis Agreement: (a) Comprehensive Liability Insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence and aggregate. As a condition precedent to CITY'S obligations under this Agreement, CONSULT ANT shall furnish evidence of such coverage INVHI627203.3 01-070804-04706091 -4- (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. CONSULTANT shall require, in written agreements with all Subconsultants, that each Subconsultant, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Comprehensive Liability Insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence and aggregate. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULT ANT under this Agreement may be assigned or subcontracted by CONSULT ANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: *CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; *CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; *CITY will not withhold state or federal income tax from payment to CONSULT ANT; *CITY will not make disability insurance contributions on behalf of CONSULTANT; *CITY will not obtain workers' compensation insurance on behalf of CONSULT ANT. ARTICLE 6. OBLIGATIONS OF CITY Cooperation of City CITY agrees to respond to all reasonable requests of CONSULT ANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULT ANT'S duties under this Agreement. INVH1627203.3 01-070804-04706091 -5- Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULT ANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT Termination on Occurrence of Stated Events This Agreement shall terminate automatically on the occurrence of any of the following events: 1. Bankruptcy or insolvency of either party; 2. Sale of the business of either party; 3. Death of either party. Termination by City for Default of Consultant Should CONSULT ANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and/or timely perform anv of the services .contemplated by this Agreement. whether such services are contemplated hereunder to be performed directly by CONSULTANT or by a Subconsultant. 2. CONSULTANT'S breach of any of its representations. warranties or covenants contained in this Agreement. CONSULT ANT shall be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULT ANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULT ANT, at the CONSULT ANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. INVH1627203.3 01-070804-04706091 -6- Transition After Termination Upon termination, CONSULT ANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULT ANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of its services, and shall act in such a manner as to facilitate any new CONSULTANT'S assumption of duties. ARTICLE 8. GENERAL PROVISIONS Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. Americans With Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall exercise due professional care to comply fully with all applicable provisions of the Americans With Disabilities Act of 1990 ("the Act") in its current form and as it may be amended from time to time. CONSULT ANT shall also obtain a stateme!1t from Subconsultants as part of their agreements to perform work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONSULT ANT, its Subconsultants, subcontractors, or the officers, employees, agents or representatives of either. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. Compliance With Laws INVHI627203.3 01-070804-04706091 -7- The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULT ANT agrees that CONSULT ANT and each Subconsultant will observe the provisions of the Municipal Code of the City of Gilroy, obligating every contractor or subcontractor under a contract or subcontract to the City of Gilroy for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT or any Subconsultant and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULT ANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of California. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt INVHI627203.3 01-070804-04706091 -8- requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A", Section V.I. Notices, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Time of the Essence All dates and times referred to in this Agreement are of the essence. Waiver CONSULTANT agrees that waiver by CITY of anyone or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CITY: CITY OF GILROY By: DOKKEN ENGINEERING 'lffL-tt A-:~ Matthew N. Griggs, PE By: ~ p. IP--r- Jay Baksa, City Administrator Taxpayer Identification Number 6~oo 'lq~6l..\ Approved as to Form ATTEST: ~~} City Attorney )~ ~\_I~~V{I City Clerk J?~~,-' INVH1627203.3 01-070804-04706091 -9- EXHIBIT" A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULT ANT shall provide the services indicated on the attached Exhibit "B" - Scope of Services. (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Matthew N. Griggs of Dokken Engineering, who will act in the capacity of Project Manager, and who will personally direct such services, and Sohrab Rashid, ofFehr & Peers, as the Traffic Analysis and Calming Project Manager. Except as may be specified elsewhere in this Agreement, CONSULT ANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the services required herein. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence services upon delivery to CONSULTANT of written Notice to Proceed. Notice shall be deemed to have been delivered as provided in the Section in Article 8 entitled "Notices." Notices to Proceed shall be given on a Task and Subtask basis. B. COMPLETION OF SERVICES When CITY determines that CONSULT ANT has satisfactorily completed all of the services defined under this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed all of the services under this Agreement, and if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULT ANT has not satisfactorily completed all of such services, CITY shall so inform CONSULT ANT within this two (2) week period. III. PROGRESS SCHEDULE The Progress Schedule will be as set forth in the attached Exhibit "D" entitled "Milestone Schedule." IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 "Payment" and based on Exhibit C, "Payment Schedule." Exhibit "A", Specific Provisions, Page 1 of 5 Payments will be made on a time and material basis by Task and Subtask, , with a firm fixed hourly rate and a "not-to-exceed" amount. The rates will be fixed for the duration of the Agreement. Direct expenses are charges and fees not included in Exhibit C, "Payment Schedule." CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission ofbilling(s) for all direct expenses. V. OTHER PROVISIONS A. CONSULTANT'S SERVICES TO BE APPROVED BY A REGISTERED PROFESSIONAL ENGINEER All reports, costs estimates, plans and other documents which may be submitted or furnished by CONSULT ANT or any Subconsultant shall be approved and signed by a qualified registered professional engineer in the State of California. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the professional engineer responsible for their preparation. B. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that CONSULTANT, and any Subconsultant performing services described hereunder, has the qualifications, skills and licenses necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its and its Subconsultants' skills, qualifications and licenses. CONSULTANT and each Subconsultant shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. The plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. C. RESPONSffiILITY OF CONSULTANT Exhibit "A", Specific Provisions, Page 2 of 5 CONSULT ANT shall be responsible for the professional quality, technical accuracy, and the coordination ofthe services furnished by it or its Subconsultant under this Agreement. The CITY'S review, acceptance or payment for any of the services required under this Agreement shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULT ANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULT ANT'S negligent performance of any of the services furnished under this Agreement. D. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT and all Subconsultants for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULT ANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. CONSULTANT agrees to require, in a written agreement with each Subconsultant, that CITY may audit the books and records of the Subconsultant as provided in this paragraph. E. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULT ANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULT ANT in connection with the performance of this Agreement shall be held confidential by CONSULT ANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the PROJECT services, nor be disclosed to an entity not connected with the performance of the PROJECT services. Nothing furnished to CONSULT ANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULT ANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. CONSULTANT agrees to require, in a written agreement with each Subconsultant, that the information developed or received by Subconsultant shall be held confidential by Subconsultant and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the PROJECT. F. NO PLEDGING OF CITY'S CREDIT. Exhibit "A", Specific Provisions, Page 3 of 5 Under no circumstances shall CONSULT ANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. G. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Paragraph E immediately above. CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with PROJECT. However, CONSULTANT shall not be responsible for damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. H. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 1. NOTICES. Notices are to be sent as follows: CITY: Don Dey, City Traffic Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULT ANT: Matthew N. Griggs, PE Dokken Engineering 11171 Sun Center Drive, Suite 250 Rancho Cordova, CA 95670 J. FEDERAL FUNDING REQUIREMENTS. 1. DBE Program CONSULTANT and each Subconsultant shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Exhibit "A", Specific Provisions, Page 4 of 5 Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant Against Contingent Fees The CONSULT ANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULT ANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Exhibit "A", Specific Provisions, Page 5 of 5 EXHIBIT "B" SCOPE OF SERVICES A. Scope of Work * Indicates task applies to Camino Arroyo Project Only. The schedule for this Scope can be found in the Appendix. 1. Project Management This continuous activity commences with the receipt of the Notice to Proceed and continues through submittal of the final project deliverables. Key elements of our project management program include regular progress reports, work progress direction and monitoring, coordination, and communications. 1.1 Proiect Management - Dokken Engineering's Project Manager will monitor and direct work activities on this project in accordance with the contracted work scope, schedule, and budget. Regular communications will be facilitated through the Project Manager. Dokken Engineering staff and other team members will be available to meet with the City or other agency personnel to discuss technical or administrative issues to keep the project on track. Progress Reports will be prepared by Dokken Engineering and submitted monthly to the City. These reports will include progress and budget status by task, including the progress of Subconsultants. They will also include a discussion of issues requiring actions or decisions that may impact project deliverables. Schedule and Action Item lists will be updated as appropriate. The Project Manager will provide weekly emails to keep the City abreast of project progress at all times. 1.2 Kick-Off and PDT Meetings - The kick-off meeting should include representatives from, but not be limited to, City Planning and Engineering, Dokken Engineering, and Subconsultants. The primary objective is to establish project protocol, inform the project development team of the proposed project schedule, and identify critical environmental and technical issues. Regular Project Delivery Team (PDT) meetings will be held to review the work in progress. Dokken Engineering anticipates 18 project team meetings. Occasionally, these meetings may consist of only the Dokken and City of Gilroy project managers. The purpose of the PDT meetings is to ensure understanding of objectives, discuss the work schedule and resolve issues. The meeting agenda will be coordinated with the City representative prior to the meeting. Dokken Engineering will be responsible for meeting minutes and action items. 1.3 Other Meetings - Three meetings will be held with the Santa Clara Valley Water District to coordinate channel access, future bicycle path alignments, construction easements, bridge embankment requirements and bridge pier construction. In addition, the Dokken Engineering Project Manager will attend two City Council Meetings for project presentations. 1.4 Quality Control - The Project Manager recognizes that Dokken Engineering is responsible, as prime consultant, for the quality of the project deliverables, whether they are prepared by Dokken Engineering staff or by another firm on the project team. F or that reason, the Project Manager will prepare a Quality Control Plan that will be adopted by all Exhibit "B", Scope of Services, Page 1 of 13 parties on the Dokken Engineering team. All work will be done in accordance with The City of Gilroy, and Caltrans standards. 2. Preliminary Engineering 2.1 Surveying and Mapping 2.1.1 Topographic Surveys - Espinosa Surveying will provide topographic mapping, cross-sections, profiles, furnish control points, research and develop right of way data, and develop base maps. Surveying and Mapping includes mapping the bridge sites, their approaches, and 1800 feet of Sixth Street and Gilman Road. The total length of mapping is expected to be approximately 2800 feet. Existing overhead and underground utilities as well as trees will be mapped. The width of the mapping will be approximately 200 feet centered about the existing centerline. The mapping will be done at a scale of 1 "=20' with one foot contours and spot elevations at critical transition points. The deliverables will be a hardcopy map, sealed and signed by a registered civil engineer or licensed land surveyor, and an electronic file. The topographic mapping will be prepared in english units. 2.1.2 Survey Control Network - Espinosa will provide a Primary Horizontal Control Network, throughout the project area, based upon existing (GPS) Global Positioning Systems, Precision Geodetic Network, for the State of California. A secondary control network for mapping will be set, based upon the Primary Control Network. Vertical Control will be based on the North American Vertical Datum of 1929 (NGVD29) or agreed upon with the city surveyor. 2.1.3 Primary Control - Espinosa will perform GPS surveys throughout the project area. Two (2) points at each end of the bridge will be set. Each monument to be of sufficient character to achieve the required accuracy and conform to city standards. The final number of monuments may increase or decrease depending on research. Surveying services rendered will conform to the "Geometric Geodetic Accuracy standards and specifications for G.P.S. Positioning, Caltrans, State of California. 2.1.4 Miscellaneous Surveys - Miscellaneous surveys will consist digital topography, cross-sections, survey ties to existing control points, property corners, street centerline and right-of-way data. Channel cross sections will be taken at locations determined by Questa. Data will be provided in tabular format. Digitized data files will be three-dimensional and in a format defined by Dokken Engineering. Deliverables: Electronic topographic files Computer (paper) plot of topography Channel cross sections in tabular format. Exhibit "B", Scope of Services, Page 2 of 13 2.2 Utility Coordination - Dokken Engineering will provide utility coordination including utility company contact and resolving conflicts. Dokken Engineering w ill distribute "A" plans along with a Utility Request Letter approved by the City to utility agencies and companies for identifying and marking locations of utilities. Plans will be marked as "A" plans and transmittal will identify the project as a City project. Information provided by the utilities w ill b e inc orporated int 0 t he project plans. Dokken Engineering will design the bridge to carry new and relocated utilities (depending the size and type of utility), as well as provide openings in the bridge for future utilities. Existing utilities will be shown on the base mapping, cross sections, and profiles. 2.3 Geotechnical Investigation and Reports - Dokken will perform the required geotechnical investigations and prepare a Geotechnical Report in accordance with Caltrans guidelines and procedures. 2.3.1 Geotechnical Studies Research and Data Collection: Dokken will review additional available geologic and soil literature in the vicinity of the site including the as built drawings and existing LOTB. Permits/USA Clearance: Dokken will comply with any special permit requirements by SCVWD and will field locate the borings and call for USA clearance. Field Exploration: Dokken will use the research data and any data from previous borings in the project vicinity. For the proposed bridge Dokken will drill 6 borings up to 60 feet deep. These explorations will provide an evaluation of subsurface conditions for the proposed Structure. In addition, 5 borings will be drilled to 10' depth for the approach roadways. . Laboratory testing: Perform laboratory tests on representative soil samples such as moisture density, unconfined compression, gradation analyses, corrosion tests, r value, Expansion Index, and Plasticity Index test as necessary. Soils Analysis/Evaluation: Perform engineering analyses and develop design recommendations for the proposed foundations. Prepare Draft Foundation Memo (for Type Selection Report): Prepare memorandum providing recommendations for foundation type and seismic design parameters. 2.3.2 Geotechnical Design Prepare Final Geotechnical Foundation Report: Dokken will prepare a detailed report including design recommendations for foundation type and footing elevations lateral design capacities, pile foundation recommendations or spread footings. Dokken will discuss seismic considerations, evaluate the liquefaction potential and comment on the site soil conditions from that standpoint. Information in accordance with Seismic Design Criteria (SDC) v 1.2 guidelines will be included. Dokken will prepare a Geotechnical Foundation report for both structures, and the approaches. Using the General Plans as a base map, Dokken will provide boring logs in accordance with Caltrans standards. 2.3.3 Gilman Overcrossing Embankment Study Exhibit "B", Scope of Services, Page 3 of 13 Dokken Engineering plans the following work to determine the cause of settlement at the Gilman Avenue Overcrossing approaches. An additional boring at each approach location to a maximum depth of 50-feet for the recovery of relatively undisturbed and disturbed soil samples as the holes are advanced for visual classification and later laboratory testing. Selected samples recovered will be sent to a laboratory for testing which will include moisture/density (minimum of 6) Atterberg Limits (minimum of 4), and consolidation testing (minimum of 4) for use in analyses in determining the cause of the settlement. Once the results of the laboratory testing are received, a comprehensive analysis will be performed to attempt to determine the cause of the continuing settlement of the approaches. As this problem has been ongoing since the completion of the bridge construction, the initial cause which will be investigated is the settlement is a consolidation problem either by a deep deposit of soft unconsolidated materials or a layer of organics which is compressing from both primary and secondary consolidation. Once a cause is determined, methods of remediation will be evaluated based upon effectiveness and cost and presented in a report format. Deliverab les: 5 Copies - Draft Foundation Memo 5 Copies - Final Geotechnical Foundation Report 5 Copies - Remediation Report for Gilman Avenue OC Electronic Copies of Reports and Written Communications 2.4 Hydrology/Hydraulic Analysis and Report - QUEST A will perform Hydrology/Hydraulic Analysis and prepare reports. 2.4.1 Location Hydraulic Study - To assist the Project Team in project permitting, development of a Habitat Mitigation and Monitoring Plan(if Required), environmental analysis, confirmation of roadway profiles and bridge structure depths QUEST A will: A local hydraulic design analysis will be completed, consistent with the requirements and procedures of the City of Gilroy, the Santa Clara Valley Water District, and Caltrans. The analysis will include construction of a backwater hydraulic model using the U.S. Army Corp of Engineers hydraulic model HEC-RAS. An analysis of bridge scour will be prepared using the FHW A bridge scour model, HEC-18. The model will be used to size the bridge opening, evaluate potential construction and post-construction impacts of the bridge structure on flooding and downstream channel morphology and channel stability, and determine abutment and bank stabilization, restoration and protection needs. Conceptual bank stabilization and abutment protection solutions will be developed for use in project environmental evaluation and permitting and to guide final design drawings. Exiting conditions and any final engineering design alternatives will be evaluated in the geomorphic and hydraulic analysis. Flows(Q's) for the hydraulic model will be obtained from the City of Gilroy and the Schaff and Wheeler 2001 FMP, the Santa Clara Valley Water District, or FEMA. Any Exhibit "B", Scope of Services, Page 4 of 13 existing available hydraulic studies and models of Ronan Creek will be used as a starting point for the local hydraulic analysis and will be analyzed to provide further insight into existing and potential bank erosion problems on Ronan Creek and potential channel stabilization and restoration obligations and mitigation requirements of the project. 2.4.2 Bridge Design Hydraulic Report - QUEST A will prepare a Bridge Design Hydraulic Report for the proposed bridge. The report will include the configuration of the bridge and the final hydraulics for the new structure. QUEST A will perform bridge scour analysis to provide design scour data. The bridge scour analysis will be based on the FHW A's HEC-18 and HEC-20 Design Manuals. DeUverables: 5 Copies - Location Hydraulic Study Report 5 Copies - Bridge Design Hydraulic Report Electronic Copies of Reports 2.5 Public Outreach Program - Dokken Engineering will perform Public Outreach to provide early, consistent and meaningful information to the public. Dokken Engineering will schedule all meetings, work with the City in the preparation of an agenda, coordinate arrangements for facilities, issue meeting notices and prepare minutes. During these meetings, and for ongoing information, an engineer fluent in Spanish will be available to discuss the project and impacts with the Spanish speaking members of the community. In an effort to minimize misinformation, we will engage the community early and consistently. 2.5.1 Public Meetings, Camino Arroyo/Sixth Street - Four public meetings are planned for the Camino Arroyo, Sixth Street Project and two public meetings for the Farrell Avenue Widening. The first public meeting will be held at the beginning of the project to explain the scope of the project to the community and to solicit their concerns and ideas. The four meeting process will also be explained to the community to understand their opportunities for future involvement. The second public meeting will present some alternatives to the community for consideration and provide information in response to inquiries and concerns during the first meeting. This will be a good time to explain many of the project parameters under which the City has limited flexibility(emergency vehicles, traffic safety, etcetera). The third meeting will outline proposed final solutions. These solutions will be installed as temporary measures to be tested during the early phase ofthe project construction. An explanation of the intended results and the testing period will be provided. The fourth and final meeting will hear suggestions for adjustments to the temporary measures to enhance their effectiveness prior to finalizing them as permanent construction. This meeting will be held during the construction phase of the project. 2.5.2 Public Meetings, Farrell Avenue Widening - The first meeting, at the beginning of the project, will give the public an overview of project opportunities and constraints. We Exhibit "B", Scope of Services, Page 5 of 13 will gather their input for incorporation into the alternatives analysis. This early meeting will demonstrate to the community that the City is truly interested in working with them and care about their questions and concerns. The second public meeting will be held to show the public results of their input and to provide more opportunities for the community to learn about the project details. This meeting will be held during the 60% design phase. Deliverables: Meeting invitations, exhibits, graphics and handouts Agendas, sign-in sheets, meeting summaries Electronic copies of materials and exhibits 2.6 Traffic 2.6.1 Traffic Calming* - Neighborhood Traffic Management Evaluation - Fehr & Peers will evaluate the impacts of the Camino Arroyo Gap Closure in terms of the potential diversion of traffic to Sixth Street between Monterey Road and US Highway 101, as well as other neighborhood street segments. The closure could result in additional trips to these facilities, which include front-on housing and were not intended to carry substantial through traffic. The following tasks are proposed and have proved successful in developing a neighborhood traffic management plan (NTMP) in numerous other jurisdictions. 2.6.1.1 - Collect Data - Fehr & Peers will assemble existing intersection turning movement counts and daily volume counts from City staff and from our files from the Gilroy Monitoring Study. We will supplement this data with new daily volume/speed counts at up to three locations, and new turning movement counts at three intersections. We will also conduct a field survey of the greater Sixth Street neighborhood to determine the traffic control devices, street widths, and other features. Traffic volume projections from developments east of the freeway will be obtained from the corresponding traffic studies. Projection of trips will be conducted as an additional service if data is not available. 2.6.1.2 - Estimate Changes in Traffic - Based on existing volumes and the projected traffic from developments east 0 ft he freeway, t he a mount 0 ft raffic expected to divert to neighborhoods will be estimated. We will consult with City staff to determine if the projected volume change is significant based on our experience, City volume thresholds, and other supporting data. 2.6.1.3 - Initial Public Meeting - We will meet with residents to present the preliminary results of the data collection including speed and volume information, and the projected change in traffic volume. This meeting will be used to solicit input on circulation problems, identify potential solutions, and discuss the advantages and disadvantages of those solutions. Additional data may be collected as an additional service based on community input. This proposal Exhibit "B", Scope of Services, Page 6 of 13 assumes Dokken staff will arrange, notice and introduce all public meetings, while F ehr & Peers w ill he lp facilitate the dis cussion and provide appropriate graphics, maps and response to comments. 2.6.1.4 - Prepare Preliminary Management Plan - Based on community input, technical findings, and staff input, we will prepare a draft NTMP to address existing issues (if applicable) and potential impacts of the gap closure project. The plan will include a map and some descriptive text in memorandum form regarding the improvements and justification. 2.6.1.5 - Additional Public Meetings - Fehr and Peers will attend 3 additional public meetings as described in 2.5.1. 2.6.1.6 - Prepare Draft Final Plan - The draft plan will be modified based on the results of the second public meeting and a draft final plan will be prepared. 2.6.1.7 - Meetings and Hearings - Fehr & Peers will attend up to six project meetings, and four public meetings( described above), as part of the NTMP effort. Presentation 0 f the dr aft final p Ian is expected to b e made at the third public meeting. The schedule for this work is highly dependent on the timing of the public meetings. The process typically takes three months before a plan is ready for presentation to the planning commission or City Council. 2.6.2 Traffic Design Analysis - Fehr and Peers will provide traffic design for the Farrell Avenue Widening a nd Camino Ar royo Ga p Closures. Based upon traffic proj ections provided b y the City, 1 ane configurations a nd appropriate turn pocket 1 engths will be determined at the intersections of Farrell Avenue / Church Street and Camino Arroyo / Gilman Avenue. Required turn lanes, storage lengths and initial (i.e., near term) signal timings will be determined using Synchro/SimTraffic software. Access recommendations for parcels a djacent to Camino Arroyo and for channel maintenance will be prepared based on proposed lane configurations and standard traffic engineering practice. Deliverables: 5 Copies - Draft Neighborhood Traffic Management Plan (NTMP) 5 Copies - Traffic Design Memorandum Electronic copies ofNTMP and Traffic Design Memorandum 2.7 Drainage Report - Dokken Engineering will perform drainage design calculations for the proposed roadway and bridge deck drainage systems. A Drainage Report will be prepared summarizing the findings. 2.8 Environmental Support 2.8.1 Nationwide Permit Verification (Clean Water Act, Section 404). The bridge construction will likely result in discharge of material into waters of the U.S. associated with the Ronan Channel. In the event this occurs, the project will require authorization from the Corps. It is likely that any discharge resulting from this project can be authorized using one or more Nationwide Permits (NWP). Dokken will prepare a Exhibit "B", Scope of Services, Page 7 of 13 Preconstruction Notification (PCN) to submit to the Corps requesting verification that the project can be authorized using the specified NWP(s). The PCN includes a project description and other relevant information used by the Corps to evaluate the project. 2.8.2 Water Quality Certification (Clean Water Act, Section 401). A Water Quality Certification will be required from the RWQCB. Dokken will prepare support materials for an application for Water Quality Certification that will include a project location map, and design plans. 2.8.3 Environmental Coordination. Dokken will coordinate with the City's environmental consultant to provide footprints of the proposed work, sketches, details and descriptions of the proposed construction activities, construction schedules and project exhibits for use in obtaining environmental clearance and permits. 2.9 Proiect Report - Alignment Geometrics and Bridge Advance Planning Studies will be prepared for the bridge sites. 2.9.1 Striping and Access Exhibit - Dokken Engineering will prepare a large, presentation quality striping and access exhibit for each project site. 2.9.2 Geometric Approval Drawings - Dokken Engineering will prepare Geometric Approval drawings for City approval. Dokken Engineering will prepare design exception fact sheets for up to 2 non standard features. 2.9.3 Advance Planning Studies - Prepare Advance Planning Studies for two bridge alternatives. The alternatives will be evaluated on the criteria of maintenance, environmental impacts, hydraulics, community and stakeholder concerns, and construction cost. 2.9.4 Project Report - Dokken Engineering will prepare a Project Report detailing the findings of the preliminary studies and recommending project features for City consideration. Cost estimates, layouts, and Bridge Planning Studies for each of the projects will be included in the report. The report will address as a minimum: geometrics, bridge type, hy draulics, dr ainage, ut ility relocations, right-of-way impacts, and total project cost. This report will be part of the basis upon which the VE study will begin. Deliverables: 2 Copies - Drainage Report Environmental Coordination Materials 2 Copies - Striping and Access Exhibit 5 Copies - Project Report with Geometric Approval Drawing and Bridge Planning Studies 5 Copies - Preconstruction Notification for the Corps Electronic copy of reports, written communications, exhibits and drawings Exhibit "B", Scope of Services, Page 8 of 13 3. 30% Design - Bridge General Plan and Roadway Geometric Design - Concurrent with the City preparing the environmental documentation, and after selection of the preferred alternative, Dokken Engineering will proceed with completion of the plans, specifications and estimate for the project in order to expedite the schedule for completion of the project. 3.1 Bridge General Plan and Estimate- Dokken Engineering will prepare the Bridge General Plans for the selected bridge type. Dokken Engineering will prepare the type selection memo, a brief report of the type selection considerations, and estimate of construction cost. 3.2 30% Roadway Design - Dokken Engineering will prepare 30% roadway drawings. These drawings will include layout, profile, typical sections, conceptual drainage, and survey base maps. These preliminary roadway drawings will be prepared at a scale of 1 "=40'. 3.3 Potholing - Dokken Engineering will utilize Cruz Brothers Locators to perform "potholing" of utilities that may be in conflict with the proposed project improvements. The potholing effort will determine the depth and location of utilities that may be in conflict with bridge abutments, drainage facilities or signal/electrical pole foundations. Up to 8 potholes will be performed at each site. 3.4 Right-of-Way - Upon approval of the Bridge General Plan and Geometric Approval Drawings, Dokken Engineering will determine right-of-way and construction easement requirements. Dokken Engineering will prepare a Right-Of-Way exhibit for each affected parcel indicating the location, parcel number, parcel area, and ROW or easement required. 3.4.1 Right-of- Way Engineering - Using the configuration of the final right-of-way necessary for the project supplied in graphical form by Dokken Engineering, Espinosa will draft acquisition maps of proposed right-of-way take. For each adjoining landowner an acquisition map will be prepared for use in right-of-way negotiations. Draft legal descriptions will accompany each draft acquisition map. Final acquisition maps and legal descriptions will be prepared and submitted, with up to 5 parcels included in this proposal. 3.4.2 Construction Easements - Espinosa will draft maps of proposed construction easements. Draft legal descriptions will accompany each construction easement map. Final easement maps and legal descriptions will be prepared and submitted, with up to 3 parcels included in this proposal. 3.5 Value Engineering - Value Management Strategies will perform a 3 day Value Engineering Session for the Camino Arroyo Gap Closure and Farrell Road Widening Projects. T he session w ill b e ho sted b y T erry H ayes and inc ludes site visit, alternatives analysis, estimates a nd a final report. T he Value Engineering session will be performed immediately following the development of the 30% design, to maximize the benefit to the project before extensive design and details are prepared. Dokken Engineering will have 3 members of the design team in attendance. Deliverab les: 10 Copies - Structure Type Selection Report 10 Copies - 11"x17" Roadway Plan, Profile, Typical Sections, Striping & Stage Construction Exhibit "B", Scope of Services, Page 9 of 13 2 Copies - ROWand Construction Easement Exhibits, Maps and Legal Descriptions 3 Copies - Value Engineering Report Electronic copies of Reports, Exhibits and written communications 4. 60% Design - Plans and Estimate Design will conform to Chapter 11, "Design Standards," of the Local Assistance Procedures Manual. PS&E will be prepared in English units in accordance with chapter 12, "Plans, Specifications, & Estimate," of the Local Assistance Procedures Manual. 4.1 Bridge Design/Plans - Upon approval of the Bridge General Plans, Dokken Engineering will complete the design plans and calculations for the bridges in accordance with Caltrans Bridge Design Manuals, incorporating recommendations from the Design Hydraulics Study Report, the Foundation Report, environmental documents, and permit requirements. All bridge plans will be prepared using computer aided drafting. Electronic plan files will be provided to the City. A full set of detailed bridge plans will be prepared including: · Typical Section · Girder Layout and Reinforcement · Railing Details · Approach Slab Details · Log of Test Borings . General Plan Deck Contours Foundation Plan Abutment Layout and Details Pier Details . . . . 4.2 Roadway Design/Plans - Upon approval of the 30% roadway package and conclusion of the Value Engineering Study, Dokken Engineering will develop the plans to the 60% level of detail. These plan sheets will be prepared in accordance with Caltrans Drafting Plans Manual, CADD User's Manual, Caltrans Standard Plans dated July 2002 and 1998 City of Gilroy Standards. Typical cross sections will be prepared for proposed roadway improvements. 4.3 Traffic Signal* - Fehr and Peers will prepare traffic signal plans to City standards. The signal interconnect to existing lights on Camino Arroyo will be detailed for addition to the electrical/lighting plans. Plans will be prepared assuming interconnect wiring is already in place on the existing section of Camino Arroyo south ofthe drainage channel to SR152. 4.4 Utility Coordination - Dokken Engineering will coordinate with utility companies to relocate or protect facilities in place as necessary. Dokken Engineering will send "B" plans to applicable utility companies after the City has approved the "B" plans and transmittal letter. The transmittal letter will identify the project as a City project. Dokken Engineering will mark conflicts on the plan. 4.5 Gilman Avenue Overcrossing Improvements* - Dokken Engineering will evaluate the existing approaches to the Gilman Avenue Overcrossing and prepare a memorandum outlining potential alternatives to reduce the ongoing settlement. The memorandum will provide estimated construction costs for each proposed alternative. With City concurrence, Dokken Engineering will prepare construction plans and specification for the selected improvements. If necessary, details will be prepared for the attachment of luminaries and electrical conduits to the barrier of the existing overcrossing. Exhibit "B", Scope of Services, Page 10 of 13 Dokken Engineering will coordinate with Caltrans to obtain an encroachment permit to perform the necessary modifications to the Gilman Avenue Overcrossing. 4.6 Traffic Calming Construction Details* - Dokken Engineering will prepare typical construction details for the temporary and final traffic calming features. This is assumed to be 2 sheets of details. 4.7 Street Lighting Design - Dokken Engineering will design street lighting utilizing IES lighting design guidelines and AGI 32 Lighting software. Street lighting plans will be prepared. 4.8 Bicycle Path Conceptual Design* - A draft conceptual bicycle path plan along the Ronan Channel with connection to west side ofUS-101 and Camino Arroyo will be developed for coordination with the Santa Clara Valley Water District. The plan will indicate layout connections from Camino Arroyo to the future through path. Deliverables: 7 Copies - 11"x17" Project Plan Sets 7 Copies - Marginal Estimate 2 Copies - Foundation Reports 1 Copy - Caltrans Encroachment Permit 3 Copies - Conceptual Bicycle Path Plan Electronic copies of plans, estimates, reports and written communications Project Plans are expected to include: Title Sheet Typical Cross Sections Layout and Profile Construction Details Grading Plans Drainage Plan, Details, & Quantities Utilities Stage Const. & Traffic Handling Construction Area Signs Roadway striping and signing Traffic signals & Interconnect Street lighting Summary of Quantities Structure Plans Camino Arroyo 1 2 6 5 3 4 Total 2 2 1 6 2 5 2 19 60 Exhibit "B", Scope of Services, Page 11 of 13 Farrell Avenue 1 2 2 2 1 3 1 2 1 2 o 2 1 13 33 5. 90% & 100% Design - Plans, Specifications and Estimate.(PS&E): 90% and 100% Design submittals to be ACAD 2000 formatting. 5.1 90% Bridge Design & Independent Check - Dokken Engineering will incorporate City comments into the 60% Plans and will perform an independent design check of the bridge plans. The independent check will confirm structural adequacy and assure that details are complete and constructable. Dokken will provide check calculations which will consist of computer runs, hand calculations, and sketches necessary to clarify calculations. Dokken will prepare quantity and quantity check calculations for the bridge. 5.290% Roadway Design - Upon receipt of comments, Dokken Engineering will schedule a review session, if required, with the City to confirm the resolution of comments. The design team will incorporate comments from the Cities review and provide a complete bid-ready plan set for the 90% submittal. 5.3 Specifications - Dokken Engineering will prepare Special Provisions for the project based on Caltrans' Standard Special Provisions and Standard Specifications. These will be modified, where appropriate, to meet City standards and requirements. Specifications will include City Boiler Plate. Specifications will be in WORD format. 5.4 Quantities and Engineer's Estimate - Dokken Engineering will prepare roadway quantity calculations and compile the Engineer's Estimate using unit costs included in the latest Caltrans Cost Data Book. 90% Deliverables: 2 Copies - 24"x36" prints of complete plans 7 Copies of 11 "x 17" prints of complete plans 7 Copies - Boiler Plate and Special Provisions 1 Copy - Boiler Plate and Special Provisions on CD 7 Copies - Marginal Estimate 1 Copy - Working Day Schedule The City's original red-lined set of comments on the 60% plans and Estimate 5.5 Resident Engineer's File - Dokken Engineering will prepare a Resident Engineer's File in accordance with the EFPB Information and Procedures Guide 4-2, and PDPM . 5.6 100% Submittal - Dokken Engineering will furnish 100% Plans, Specifications and Estimate for advertising. PS&E will incorporate resolution of 90% comments from .' . revIewmg agencIes. 100% Deliverables: 1 Set - Full size Mylar Original Tracing 7 Copies - 11 "x 17" Plan Sets 7 Copies - Contract Specifications 7 Copies - Marginal Estimate 1 Copy - Design and Design Check Calculations 1 Copy - Quantity and Quantity Check Calculations I Copy - Working day schedule Exhibit "B", Scope of Services, Page 12 of 13 1 Copy - RE Pending File 1 Copy - 1 : 50 scale drawing of the Deck Contours Electronic copies of final plans, specifications, estimates, schedules and written communications 6. Construction Support 6.1 Bidding! A ward Assistance - Dokken Engineering will provide on-going consultation and interpretation of construction documents during the construction of the proposed project including answering and documenting questions from prospective bidders, preparation of addenda (if required), and bid analysis as requested. Dokken Engineering will attend pre- construction meeting. 6.2 Construction Support Services - Dokken Engineering will provide construction support services, including: . Review and approve all submittals and shop drawings . Provide on-going consultation and interpretation of contract documents, as requested . Review and comment on contract change orders . Prepare plan revisions as necessitated by contract change order. . Site visits as needed 6.3 As Built Plans - Dokken Engineering will prepare and deliver the final As-Built Plans to the City using marked prints provided by the Construction Resident Engineer. 6.4 Traffic Calming Final Design* - The Traffic Calming Design on Sixth Street is critical to public acceptance of the project. It is anticipated that some minor adjustments to the temporary traffic calming will be requested by the public and the City during the final public meeting (see Task 2.5.1). Fehr and Peers and Dokken Engineering will coordinate the permanent traffic calming layout and details for construction. 100% Deliverables: 2 Copies - Shop Drawing Reviews with redline mark-ups and approval stamp 1 Set - Revised Original Mylars with construction changes noted for City archiving 1 Copy - 11" x 17" Pinal Traffic Calming Plans 1 Set - Full Size Mylar Traffic Calming Sheets Electronic copy of Final Traffic Calming Plans and written communications Exhibit "B", Scope of Services, Page 13 of 13 EXHIBIT "C" Project Title: Camino Arroyo Bridge Construction & Gap Closure Project Farrell Road Bridge Widening Project Corporate Name: DOKKEN ENGINEERING Rates Effective beginning: May 1, 2004 ending: I. LABOR RATES Name Matthew Griggs Richard Liptak Nathan Donnelly Juann Ramos John Bishop David Vandershaf Robert Lawrence Joe Ostdiek Arthur Carlton Ryan Neves ValerieVilla Craig Houghton Khanh Dang Claudia Fletcher John Ambrose Cathy Chan April 30, 2006 Labor Category Hourly Fully Loaded Rate Project Manager QNQC Roadway Project Engineer Roadway & Geometric Design Structures Project Engineer Independent Design Check Geotechnical Lighting Design Associate Design Engineer Assistant Bridge Engineer Assistant Roadway Engineer Drafter Drafter/T echnician Drafter/T echnician Proj ect Administration/Clerical Proj ect Administration/Clerical II. OTHER DIRECT CHARGES Charge CADD Communication Computer Usage Equipment and Supplies (extraordinary) Mileage Reproduction - In-house Reproduction - Outside Other: Potholing Public Outreach meeting site rental, advertising, postage Geotechnical drilling/testing $140 $175 $110 $130 $135 $145 $105 $105 $110 $85 $85 $130 $100 $80 $100 $100 PricelUnit N/C N/C N/C actual cost $0.375/mile N/C actual $500/hole actual actual Other direct costs must be invoiced as expended. Complete and detailed backup must be supplied with invoice. Exhibit "C", Payment Schedule, Page 1 of 6 Project Title: Camino Arroyo Bridge Construction & Gap Closure Project Farrell Road Bridge Widening Project Corporate Name: ESPINOSA SURVEYING Rates Effective beginning: May 1, 2004 ending: April 30, 2006 III. LABOR RATES Name Pete Espinosa David Jordan Michael Anderson Jason Camit Narinder Sahota -- TBD-- -- TBD-- Labor Category Surveying Principal Project Manager Project Surveyor Office Surveyor Office Surveyor Two-Man Crew Three Man Crew Hourly Fully Loaded Rate $140 $85 $85 $75 $75 $180 $250 IV. OTHER DIRECT CHARGES Charge Title Report PricelUnit Actual Cost Other direct costs must be invoiced as expended. supplied with invoice. Complete and detailed backup must be Exhibit "C", Payment Schedule, Page 2 of 6 Project Title: Camino Arroyo Bridge Construction & Gap Closure Project Farrell Road Bridge Widening Project Corporate Name: FEHR AND PEERS ASSOCIATES Rates Effective beginning: May 1, 2004 ending: April 30, 2006 V. LABOR RATES Name Sohrab Rashid Robert Echols Frank Aochi Kristiann Choy Norman Wong Thanet Chanchareon Jason N esdahl Eric Bollich Jaime Cordoba Veronica Cruz Diane Schlager-Bardet Kristine Ojascastro Hourly Fully Loaded Rate $170 $175 $130 $125 $110 $110 $100 $85 $70 $80 $80 $80 Labor Category Transportation Engineer II Transportation Engineer II Sr. Transportation Engineer/Planner ill Sr. Transportaiton Engineer/Planner II Sr.. Transportation Engineer/Planner I Transportation Engineer/Planner ill Transportation Engineer/Planner II Transportation Engineer/Planner I Technician Administrative Assistant IV Administrative Assistant IV Administrative Assistant ill VI. OTHER DIRECT CHARGES Charge Mileage Postage/Couriers Communication Computer Usage Reproduction - B& W regular Reproduction - B& W oversize Reproduction - color regular Reproduction - color oversized PricelUnit $0.375/mile actual cost monthly charges based on labor monthly charge based on labor monthly charge based on labor monthly charge based on labor monthly charge based on labor monthly charge based on labor Other direct costs must be invoiced as expended. supplied with invoice. Complete and detailed backup must be Exhibit "C", Payment Schedule, Page 3 of 6 Project Title: Camino Arroyo Bridge Construction & Gap Closure Project Farrell Road Bridge Widening Project Corporate Name: QUEST A ENGINEERING Rates Effective beginning: May 1, 2004 ending: April 30, 2006 VII. LABOR RATES Name Labor Category Hourly Fully Loaded Rate Sydney Temple Chine Wang Shane Hsieh -- TBD-- Hydrology/Hydraulics Project Manager Hydrology/Hydraulic Engineer Hydrology/Hydraulic Engineer Drafter/Admin Clerical $140 $95 $87 $75 VIII. OTHER DIRECT CHARGES Charge CADD Communication Computer Usage Equipment and Supplies Mileage Reproduction - B& W regular Reproduction - B& W oversized Reproduction - Other PricelUnit N/C actual N/C actual $0.37/mile $0.05/sheet $0.07/sheet actual Other direct costs must be invoiced as expended. supplied with invoice. Complete and detailed backup must be Exhibit "C", Payment Schedule, Page 4 of 6 CAMINO ARROYO BRIDGE CONSTRUCTION AND GAP CLOSURE TASK DESCRIPTION *T ASK 1 - PROJECT MANAGEMENT 1.1 Project Management 1.2 Kick-Off and PDT Meetings 1.3 Water District and Council Mtgs 1.4 Quality Control TASK 2 - PRELIMINARY ENGINEERING 2.1 Surveying and Mapping 2.2 Utility Coordination 2.3 Geotechnical Investigations 2.4 Hydraulic Analysis and Reports 2.5 Public Outreach 2.6 Traffic Calming & Design Analysis 2.7 Drainage Report 2.8 Environmental & Permitting Support 2.9 Project Report and Studies TASK 3 - 30% DESIGN 3.1 Bridge General Plan and Estimate 3.2 30% Roadway Design 3.3 Utility Potholing 3.4 Right of Way 3.5 Value Engineering Study(Both Projects) TASK 4. - 60% DESIGN 4.1 Bridge Design 4.2 Roadway Design 4.3 Traffic Signal Design 4.4 Utility Coordination 4.5 Gilman Avenue OC Improvements 4.6 Traffic Calming Construction Details 4.7 Street Lighting Design 4.8 Conceptual Bike Path TASK 5 - 90% & 100% DESIGN 5.1 90% Bridge Design & Independent Check 5.2 90% Roadway Design 5.3 Specifications 5.4 Quantities and Engineer's Estimate 5.5 Resident Engineer's File 5.6 100% Submittal 5.7 Value Engineering TASK 6 - CONSTRUCTION SUPPORT 6.1 Bidding/Award Assistance 6.2 Construction Support 6.3 As-Built Plans 6.4 Traffic Calming Final Plans TASK 7 - REPRODUCTION TOTAL COST Revised 1/8/04 GRAND TOTAL $64,820.00 $29,360.00 $26,200.00 $5,120.00 $4,140.00 $132,565.00 $17,480.00 $3,420.00 $24,215.00 $21,000.00 $11,720.00 $26,900.00 $5,200.00 $10,880.00 $11,750.00 $54,350.00 $7,760.00 $10,880.00 $4,720.00 $760.00 $30,230.00 $150,290.00 $53,760.00 $28,630.00 $15,520.00 $5,440.00 $20,700.00 $7,840.00 $8,560.00 $9,840.00 $100,850.00 $51,160.00 $21,200.00 $9,540.00 $8,270.00 $1,560.00 $9,120.00 $0.00 $26,400.00 $3,060.00 $11,280.00 $6,220.00 $5,840.00 $3,840.00 $533,115.00 Exhibit "C", Payment Schedule, Page 5 of 6 FARRELL ROAD BRIDGE WIDENING PROJECT TASK DESCRIPTION *TASK 1 - PROJECT MANAGEMENT 1.1 Project Management 1.2 Kick-Off & PDT Meetings 1.3 Other Meetings 1.4 Quality Control TASK 2 - PRELIMINARY ENGINEERING 2.1 Surveying and Mapping 2.2 Utility Coordination 2.3 Geotechnical Investigations 2.4 Hydraulic Analysis and Reports 2.5 Public Outreach 2.6 Traffic Design 2.7 Drainage Report 2.8 Environmental Support(was Permit Processing) 2.9 Project Report (was Planning Studies) TASK 3 - 30% DESIGN 3.1 Bridge General Plan and Estimate 3.2 30% Roadway Design 3.3 Potholing (was Utility Coordination) 3.4 Right-of-Way TASK 4 - 60% DESIGN 4.1 Bridge Design 4.2 Roadway Design & Estimate 4.4 Utility Coordination 4.7 Street Lighting Design TASK 5 - 90% & 100DfD DESIGN 5.1 90% Bridge Design & Independent Check 5.2 90% Roadway Design 5.3 Specifications 5.4 Quantities and Engineer's Estimate 5.5 Resident Engineer's File 5.6 100% Submittal 5.7 Value Engineering TASK 6 - CONSTRUCTION SUPPORT 6.1 Bidding/Award Assistance 6.2 Construction Support 6.3 As-Built Plans Revised 1/8/04 GRAND TOTAL $76,480.00 $10,500.00 $3,420.00 $9,140.00 $15,250.00 $8,020.00 $5,520.00 $7,760.00 $3,600.00 $13,270.00 $19,700.00 $3,240.00 $10,800.00 $4,940.00 $720.00 $68,420.00 $30,600.00 $27,160.00 $5,720.00 $4,940.00 $64,290.00 $23,440.00 $15,640.00 $7,220.00 $7,310.00 $1,560.00 $9,120.00 $0.00 $18,260.00 $3,060.00 $10,700.00 $4,500.00 REPRODUCTION $2,880.00 TOTAL COST $250,030.00 Exhibit "C", Payment Schedule, Page 6 of 6 EXHIBIT "D" MILESTONE SCHEDULE - PRELIMINARY ENGINEERING DELIVERABLE ITEM DA TE COMPLETED Contract Start 1..2 Kickoff Meeting Determine Lead Agency for NEPA, VTA or CT? 2.5 Outreach Material Prepared Environmental Consultant C"nfract Perform Time SensJtiveFijld Stfldies.for Env. 2.1. Surveying & Utility Mapping 2.5 1.st Public Meeting - Full Exhibits 2.8Scoplng Meetingi3ndAPEMap Type of.~n"lt'onmentilIDocuments&.Studies. Req.'d 2.9 Structure Advance Planning Studies 2.2 Utility Letter "A" and mapping sent out 2.3 Geotechnical Field Work &. Study 2.9 Access and Striping Plans 2.4 Location Hydraulic Study 2.8 Environmental Coordination Report & Exhibits 2.9 Project Report 3.5 Value Engineering Study 3.1.-3.2300/0 Design Submittal 2.5 2nd Public Meeting - Updated Project Exhibits 3.3 Perform Utility Potholing 3.4 ROW Exhibits Draft Environmentill Technical Studies Jun 2004 Jun 2004 Jun2004 Jul2004 Jul2004 Summer 2004 Jul2004 Aug 2004 AUg 2.004 Alllf20".tI Aug 2004 Aug 2004 Aug 2004 Sep 2004 Sep 2004 Nov 2004 Dec 2004 Jan 2005 Feb 2005 Feb 2005 Mar 2005 Mar 2005 Feb 2005 Design Features Approval & Coord. wi Env. Indicates Environmental Consultant Task Bold Indicates Dokken Information to Environmental Exhibit "D", Milestone, Page 1 of2 .. . MILESTONE SCHEDULE - FINAL DESIGN Section 106 Clearan - Archaeological Biological Opinion Issued to start permits 2.8 Permits Submitted 5.1-5.5900/0 Design Submittal, PS&E Nov 2005 Utility Relocations Complete 5.6 Construction Submittal, PS&E Project Ready to Advertise (suggest Nov-Apr) 6.1 Award Contract Apr 2006 Mar 2006 Apr2006 Jun 2006 Indicates Environmental Consultant Task Exhibit "D", Milestone, Page 2 of 2