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CITY COUNCIL AGENDA ITEM NO. 08


Meeting Date: May 22, 2001

Subject/Title: Professional Design Services Agreement with Bellecci & Associates, Inc. for the design of Lone Tree Overlay/Improvements, CIP Project No. 336-3130

Submitted by: Engineering: J. Stevenson/K. Wahl

Approved by: Jon Elam, City Manager



RECOMMENDATION
Authorize the City Engineer to enter into a Professional Services Agreement in an amount not to exceed $64,354 with Bellecci & Associates, Inc. for the design of federally funded transportation project Lone Tree Overlay/Improvements, CIP Project No. 336-3130, and authorize the City Engineer to approve change orders up to 10% of the contract amount.

PREVIOUS ACTION
On February 8, 2000, by Resolution No.2012, the City Council authorized the application for Federal Surface Transportation Program funding for overlay of Lone Tree Way from Fairview Avenue to Brentwood Boulevard.

On March 13, 2001, Council approved a Consultant Services Agreement with Cordoba Consulting, Inc. to provide necessary project management services for this project.

BACKGROUND
The City of Brentwood has been awarded federal grant funding for this transportation project and a mandated process must be followed in order to remain eligible for the funds. We have received authorization to proceed with the preliminary engineering, which includes design and environmental certification of the projects. Design and environmental certification must be completed and approved by CalTrans in order to be eligible for obligation of construction funds. The Lone Tree Way Overlay project has been awarded $276,000 in federal funds.

The federal process is lengthy and complicated and requires the assistance of firms experienced with the requirements in order to deliver the projects on schedule and remain eligible for the funding. Bellecci & Associates, Inc. provides engineering design services for federal, state and locally funded transportation projects to many agencies including the City of Brentwood. Staff has experience with this consultant and is confident of his ability to perform. Meeting the timelines for delivery of our federally funded projects is crucial not only for receiving funding for the current projects, but also to remain eligible for future funding.

Attachments:
Site Map
Agreement


AGREEMENT FOR PROFESSIONAL DESIGN SERVICES OF BELLECCI & ASSOCIATES, INC.

This Agreement, made and entered into this 22nd day of May, 2001, by and between the CITY OF BRENTWOOD municipal corporation existing under the laws of the State of California, hereinafter referred to as “CITY”, and Bellecci & Associates, Inc., with an office at 2290 Diamond Blvd, Suite 100, Concord, California, hereinafter referred to as CONSULTANT”.

RECITALS

A. CITY desires certain professional consultant services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 – SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this agreement is for professional design services as described in Consultant’s proposal, attached hereto as Exhibit A and made a part hereof as may be required by the CITY for federal transportation project number STPL-5300(004), CIP No. 336-3130, Lone Tree Way Overlay/Improvements.

SECTION 2 – DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

It is understood that Frank C. Bellecci, Jr., will be the designated representative providing services to the City and this designated representative shall not be replaced without the City’s approval.

SECTION 3 – DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT’S work.

SECTION 4 – TERM

The services to be performed under this agreement shall commence on May 22, 2001, and be completed by August 1, 2002. Tasks 1-4 are to be completed by February 1, 2002 for submittal to CalTrans. The remaining tasks will be completed by August 1, 2002. 

SECTION 5 – PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request and CITY approval of the work performed. The CITY shall pay the CONSULTANT at the rates and for the hours actually performed by the CONSULTANT in accordance with the rates set forth in Exhibit “A” not to exceed $64,354.

SECTION 6 – TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this agreement or suspend work on the Project for any reason upon ten (10) days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this agreement upon receipt of said written notice.

Upon termination and upon CITY’S payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation. Upon termination or expiration of this agreement, the obligations of the parties shall cease, save and except from those provided under Sections 7,8,10, 11, 12, 14, 15, and 16.

SECTION 7 – OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. Use of the instruments of professional service by City for other than the project, is at CITY’S sole risk without legal liability or exposure to CONSULTANT.

SECTION 8 - CONFIDENTIALITY

All reports and documents prepared by CONSULTANT in connection with the performance of this agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 9 – INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this agreement.

SECTION 10 – CONSULTANT’S STATUS

It is expressly agreed that in the performance of the professional services required under this agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this agreement.

SECTION 11 – INDEMNITY

CONSULTANT, in the performance of professional services, under this Agreement shall indemnify, defend, and hold harmless CITY, its directors, officers, employees and agents from any claim, loss, injury, damage, and expense and liability to the extent arising out of the negligence, errors, omissions, or wrongful acts of CONSULTANT, its employees, subcontractors, or agents. For liability for other liability arising out of professional services, CONSULTANT shall indemnify, defend, and hold harmless, CITY, its directors, officers, employees, and agents from any loss, injury, damage, and expense and liability resulting from injury to or death of any person and loss of or damage to property, or claim of such injury, death, loss or damage, caused by an act or omission in the performance under this Agreement by CONSULTANT, its employees, subcontractors, or agents, except for any loss, injury, or damage caused by the active negligence or willful misconduct of personnel employed by CITY. 

SECTION 12 – INSURANCE

The CONSULTANT shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $500,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
C. Errors and omissions insurance in the minimum amount of $1,000,000.00 aggregate.
D. Workers Compensation in at least the minimum statutory limits.
E. General Provisions for all insurance. All insurance shall:
1. Include the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.
2. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.
4. No changes in insurance may be made without the written approval of the City Attorney's Office.

SECTION 13 - NONASSIGNABILITY

Personal Services of Consultant: Both parities hereto recognize that this agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT

It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work and will perform the work agreed to be done under this agreement utilizing a specialist standard of care and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of consultant from said obligation.

SECTION 15 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deeded to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement of any applicable law or ordinance.

SECTION 16 - COSTS AND ATTORNEYS FEES

Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the agreement. The above $5000 limit is the total of attorneys’ fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither party shall have to pay the other more than $5000 for attorneys’ fees arising out of an action, or actions to enforce the provisions of this agreement.

SECTION 17 - NON-DISCRIMINATION

CONSULTANT warrants that is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 18 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 19 - ARBITRATION

After mediation above, and upon agreement of the parties, any dispute or claim arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties.

SECTION 20 - LITIGATION

CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT'S services under this agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: City of Brentwood
150 City Park Way
Brentwood, CA 94513

To CONSULTANT: Bellecci & Associates, Inc.
2290 Diamond Blvd, Suite 100
Concord, CA 94520

SECTION 22 – AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT

SECTION 23 – GOVERNING LAW

This agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first above written.


CITY OF BRENTWOOD CONSULTANT

___________________________ _________________________
JOHN STEVENSON, CITY ENGINEER Frank C. Bellecci, President


APPROVED AS TO FORM:

__________________________
Dennis Beougher, City Attorney

EXHIBIT “A”

Scope of Project Proposal

BELLECCI & ASSOCIATES, INC.


Effective May 22, 2001

SCOPE OF WORK

This project is comprised of pavement overlay and associated minor widening improvements on Lone Tree Way from Brentwood Boulevard (SR4) westerly to the easterly edge of the Southern Pacific Railroad right of way. The planning and design of improvements are necessary to provide for the public health and safety and to repair the existing roadway surface. The project improvements support both proposed and existing office, retail, light industrial, and residential development within the City of Brentwood.

a. Roadway resurfacing of Lone Tree Way from Brentwood Boulevard (SR4) westerly to the easterly edge of the Southern Pacific Railroad right of way.
b. Qualitative visual pavement analysis to identify areas of roadway structural section failures.
c. Existing Right of way planning and definition.
d. Design of pavement widening at existing intersections to support right turn and/or left turn pockets.
e. Design of pavement structural section repairs.
f. Design of permanent signing and striping.
g. Design of temporary signing and striping for construction activities. 

1. Mapping

The project area will be aerially topographically mapped in conjunction with this planning and design effort. A site walk will be performed after receipt of the aerially mapping to confirm all potential constraints are identified on the aerial mapping. Supplemental field survey crew mapping will be provided as necessary to achieve a complete and comprehensive base map and to identify the location of existing valves, manholes, survey monuments, etc. that must ultimately be raised to the new roadway grade.

Extensive right of way mapping is not required to construct this project. It is anticipated all work will be performed within the limits of the existing pavement area and therefore within the confines of the existing right of way. We will utilize previous right of way mapping from previous City CIP projects as a basis for our design.

A. Prepare an aerial topographic map at a scale of 1"=40' with a 1' contour interval along the project route.
B. Supplemental field surveys of surface evident utilities and USA markings along proposed alignment and points of tie in.
C. Visual inspection of roadway surface to identify areas of probable structural failure.
D. Compile field topographic survey data.
E. Compile record right of way data into a composite base map of the project.
2. Preliminary Engineering

A. Prepare preliminary exhibits in AutoCAD 14/Softdesk 8 format showing areas of structural failures.
B. Prepare intersection interim widening and alignment studies to determine what can be accomplished within the existing right of way.
C. Prepare preliminary cost estimates detailing scope of improvements. 

3. Permitting and Administration

A. Coordination meetings with City’s project manager.

4. 65% Submittal

A. Plan sheets at 1"=40' for Lone Tree Way from Brentwood Boulevard (SR4) westerly to the easterly edge of the Southern Pacific Railroad right of way. The plan set shall consist of the following:
1. Cover Sheet
2. Legend and Standard Abbreviations.
3. Details of Construction and Structural Section Removal and Reconstruction. 
4. Lone Tree Way Plan depicting areas of Structural Section Removal and Reconstruction (7 ea)
5. Intersection widening and improvements (2 ea)
6. Permanent Signing and Striping Plans (@ 1"=40') (7 ea)
B. Technical specifications.
C. Preliminary Construction Cost Estimate.
D. Print and submit Plans, Specifications, and Estimates (PS&E) in 11" x 17" format. (5 sets to City).

5. 95% SUBMITTAL

A. Revise PS & E per City/CalTrans comments.
B. Technical specifications and quantities for the 100% submittal. 
C. Final Construction Cost Estimate.
D. Print and resubmit PS&E in 11" x 17" format. (5 sets to City-5 sets to CalTrans)

6. BID DOCUMENTS

A. Perform a final site walk to verify all existing improvement conflicts have been addressed.
B. Final Technical specifications.
C. Revise PS&E per City and CalTrans comments. 
D. Print and submit full size reproducibles of final construction drawings.

7. CONSTRUCTION ASSISTANCE

A. Weekly construction meetings
B. 2 Addendum
C. Respond to 5 RFI=s
D. 2 minor design changes
E. Record Drawing drafting

8. ADD ALTERNATES

A. Pavement Deflection testing in areas of suspected structural failure.
B. Construction Staging and Sequencing Plan.
C. Temporary Construction Signing and Striping Plan.
D. Hazardous Materials Testing, Level II

9. CITY PROVIDED ITEMS

A. Environmental clearance documentation.
B. Environmental studies, mitigation & permitting.
C. Boilerplate specifications.
D. Construction Inspection.
E. Preliminary Title Reports.

10. SUPPLEMENTAL

A proposal for the following supplemental design services, although not included in this proposal, will be provided when requested by the City Engineer.

A. Traffic Studies to define turn pocket lengths.
B. Traffic signal design/modifications.
C. Design for new Curb and Gutter in areas where it does not exist.
D. Landscaping and Irrigation Design.
E. Environmental Regulatory Permitting.
F. CalTrans Permitting.

EXHIBIT “B”

Proposed Project Budget

BELLECCI & ASSOCIATES, INC.


Effective May 22, 2001

CITY OF BRENTWOOD - LONE TREE WAY OVERLAY EXHIBIT B

Task # Task Description Task Budget
Task 1: Mapping 
1A Prepare Aerial Mapping $11,000
1B Supplemental Field Topo Survey $3,712
1C Visual Evaluation of Roadway $1,000
1D Compile Field Survey Data $2,160
1E Compile Record ROW and Base Map $1,800
Task 2: Preliminary Engineering 
2A Preliminary Exhibits $976
2B Intersection Studies $1,952
2C Preliminary Cost Estimate $1,464
Task 3: Permitting & Administration 
3A Coordination Meetings with City $1,952
Task 4 : 65% Submittal 
4A 65% Plans $15,000
4B Technical Specifications $3,500
4C Preliminary Cost Estimate $976
4D Print & Submit $300
Task 5: 95% Submittal 
5A Revise Plans for 95% Submittal $9,000
5B Technical Specifications $1,500
5C Final Cost Estimate $2,000
5D Print & Submit $300
Task 6: Bid Documents 
6A Final Site Walk $976
6B Technical Specifications $1,500
6C Final Plan Revisions $4,000
6D P.S. & E. Print & Submit $750
Task 7: Construction Assistance 
7A Construction Meetings - 4 ea $1,952
7B Addendum - 1 ea $610
7C Respond to 5 RFI's $1,525
7D 2 Minor Design Changes $900
7E Record Drawings $3,500
Task 8: Add Alternatives 
8A Pavement Deflection Testing T&M
8B Construction Staging and Sequencing Plan $9,500
8C Temporary Construction Signing and Striping $7,500
8D Hazardous Materials Testing, Level II T&M
Subtotal Mapping $19,672
Subtotal Preliminary Engineering $2,928
Subtotal Permitting $1,952
Subtotal Design $39,802
8A: Pavement Deflection Testing T&M
8B: Construction Sequencing Plan $7,500
8C: Temporary Const. Signing and Striping $6,500
8D: Hazardous Materials Testing T&M


Add Alternates are allowances only, actual fees may vary.


EXHIBIT “C”

Rate Schedule

BELLECCI & ASSOCIATES, INC.


Effective to February 28, 2002

TIME AND MATERIALS HOURLY RATE SCHEDULE


Principal $145

Associate Registered Civil Engineer/ 
Licensed Land Surveyor $122

Senior Designer $100

Surveyor Coordinator $96

Associate Designer $90

Assistant Designer $80

Planner $90

CAD Drafter $72

Survey Technician $78

Clerical $40

2-Man Survey Party $186

3-Man Survey Party $232

GPS Survey Crew $235


Outside Printing and Photographic Services Cost + 10%

Subcontractors Cost + 5.5%

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