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CITY COUNCIL AGENDA ITEM NO. 11




Meeting Date: June 26, 2001

Subject/Title: Approval of Contracts with William R. Gray & Company and Bellecci & Associates for the Preparation of a Project Study Report equivalent for the future widening of Lone Tree Way between Fairview Avenue and Brentwood Boulevard (SR4) and amend the CIP budget sheet to initiate the project.

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

Approved by: Jon Elam, City Manager



RECOMMENDATION
Authorize the City Engineer to execute a Consultant Services Agreement with William R. Gray and Company for the preparation of a Project Study Report in an amount not to exceed $40,000 and with Bellecci & Associates, Inc. for civil engineering planning services in an amount not to exceed $36,164 for preparation of a Project Study Report equivalent for the future Lone Tree Way widening project, and amend the CIP budget sheet to initiate the project.

PREVIOUS ACTION
None.

BACKGROUND
The segment of Lone Tree Way between Heidorn Ranch Road and Fairview Avenue will be widened to six lanes. This widening project will be funded from a combination of sources; the Highway 4 Bypass Authority, CIFP 2001-01, facility fees and developer contributions. Residential developments north of Lone Tree Way will increase the traffic on the roadway and in order to prevent a bottleneck east of Fairview on Lone Tree Way, the remaining segment of the roadway must also be widened.

An approved PSR equivalent is required before the California Transportation Commission (CTC) can program a project for funding into the State Transportation Improvement Program (STIP). The next call for applications for STIP projects will occur in 2003 and while this is two years in the future, it is prudent to begin preparation for the application process now. A PSR is an engineering report that establishes detailed scope, schedule, and estimated capital and support costs of a project.

Components of the PSR are:
· Introduction - brief overview
· Background - project history
· Need and Purpose - establishes the transportation problem and system deficiencies
· Alternatives - construction and right of way costs based on detailed studies, including approval of design exceptions and detailed cost estimate
· Analysis of Proposal - comparison of alternatives as related to need and purpose
· System Planning - confirms coordination and consistency with local, regional and state planning
· Hazardous Material/Waste - identifies known and potential sites for estimating purposes
· Transportation Management Plan (TMP)- identifies need and scope of TMP
· Environmental Determination - identifies potentially impacted resources, significant issues and appropriate level of environmental documentation to be developed.
· Funding/Scheduling - discusses funding sources, schedules and resource needs for support and capital
· Recommendation - preferred alternative
· Attachments - appropriate maps and plans, approved estimate, cost sharing backup data

William R. Gray and Company has extensive experience with the CalTrans requirements for preparation of project study reports and has indicated that they are prepared to begin work immediately upon authorization. William R. Gray and Company will write the project study report and propose to utilize the services of Bellecci and Associates and Public Affairs Management (PAM) as sub-consultants in support of their preparation of the report. Bellecci and Associates will provide civil engineering planning services and PAM will conduct the Preliminary Environmental Evaluation for the project. Both of these consultants have performed work for the City and we are confident in their ability to complete their necessary tasks in a timely fashion.

Bellecci and Associates is currently under contract to the City on projects in the same general location as the proposed widening project and will contract directly with the City for their work on the PSR. PAM is the environmental firm under contract with the City for required environmental studies for the Brentwood Boulevard Curve Correction Project and has conducted similar environmental studies on numerous transportation projects around the Bay Area. This firm has extensive experience preparing environmental documents in accordance with CalTrans and FHWA guidelines and standards. PAM will be a sub-consultant to William R. Gray and Company. Roadway facility fees will be the source of funding for the PSR contracts.


Attachments:
Site Map
Amended CIP Sheet
Agreements

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES OF WILLIAM R. GRAY AND COMPANY


This Agreement, made and entered into this 26th day of June, 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 William R. Gray and Company, with offices at 1820 Bonanza Street, Suite 204, Walnut Creek, 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 as described in Consultant’s proposal, attached hereto as Exhibit A and made a part hereof as may be required by the CITY for the Lone Tree Way Widening Project.

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 William R. Gray 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 June 27, 2001 and be completed by June 27, 2002, as set forth in Exhibit A.

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 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 $40,000.

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 their 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 parties 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: William R. Gray and Company
1820 Bonanza Street, Suite 204
Walnut Creek, CA 94596


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
William R. Gray and Company
1820 Bonanza Street, Suite 204
Walnut Creek, CA 94596-4376

___________________________ ___________________________
JOHN STEVENSON, CITY ENGINEER WILLIAM R. GRAY, PRESIDENT


APPROVED AS TO FORM:

__________________________
Dennis Beougher, City Attorney

EXHIBIT “A”

Scope of Project Proposal

WLLIAM R. GRAY AND COMPANY












May 3, 2001





Karen Wahl, Grant Coordinator
Engineering Department
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Dear Karen,
This is in response to your request for proposal for the preparation of a Project Study Report (PSR) equivalent for the proposed widening of Lone Tree Way between Fairview Avenue and Brentwood Boulevard (SR 4). It is our understanding that the City has submitted an application for State Transportation Improvement Program (STIP) funds for this project to the Contra Costa Transportation Authority (CCTA). An approved PSR equivalent is required before the California Transportation Commission (CTC) can program a project into the STIP. As a result, a PSR equivalent must be submitted to CCTA by June 30, 2001.

William R. Gray and Company proposes to utilize the services of Bellecci and Associates and Public Affairs Management as sub-consultants in support of this effort. Both of these consultants have extensive experience in working with the City and are familiar with this project. We propose that Public Affairs Management be a sub-consultant to William R. Gray and Company. A proposed scope of work and budget for Public Affairs Management is attached. 

Because Bellecci and Associates is already under contract with the City on another Lone Tree Way project, we propose that they contract directly with the City. In this regard and because of the time constraints, we have asked that they submit their proposal directly to you. 

We propose to complete this work on a time and materials basis under our adopted fee schedule. At this point, we propose consideration of an initial not-to-exceed contract payment limit of $40,000, which includes Public Affairs Management. As we are already under contract with the City, it may be easier to amend our current contract.

We appreciate the opportunity to present this proposal and we look forward to working with the City of Brentwood on this important project. We are prepared to begin work immediately upon authorization. If you have any questions or would like any additional information, please do not hesitate to call.

Very truly yours,



William R. Gray
President

CV/eg

cc: Scott, Public Affairs Management
Frank Bellecci, Bellecci & Associates
Eric Cordoba, Cordoba Consulting
Lowell Tunison, Contra Costa County


William R. Gray & Company

FEE SCHEDULE

Effective January 1, 2001


Hourly Rate

Principal $180.00
Vice President $165.00
Chief Engineer $160.00
Project Manager III $160.00
Project Manager II $145.00
Project Manager I $130.00
Project Coordinator/Administrative Assistant $95.00
Administration/Research $66.00
Word Processing/Data Entry $56.00
Messenger/Clerical $48.00
Consultation/Representation $250.00
Associate Professionals TBD

Rates subject to change on January 1, 2002. Hourly rates include office overhead (routine clerical, local travel, etc.). Expenses (computer (CAD), printing, authorized entertainment, out of area travel, telephone, express mail, delivery, etc.) will be billed at cost plus 10%.

William R. Gray and Company reserves the right, in its discretion, to sub-contract portions of its projects to other qualified professionals.

Lone Tree Way Widening Project

Scope of Work
Public Affairs Management


Preliminary Environmental Evaluation

At the PSR stage Caltrans requires that a Preliminary Environmental Evaluation be conducted to identify the environmental issues and resources that may be affected by the project. The purpose of this initial level of environmental evaluation is to identify if any project impacts are likely to be significant, the expected environmental document for the project, and the general schedule for detailed technical studies that may be required subsequent to the PSR stage.

The Preliminary Environmental Evaluation will evaluate the project’s potential impacts in a wide range of topics. Each topic area and the activities to identify environmental issues and potentially significant impacts are described below.

Topography, seismic exposure and soils – windshield surveys will be conducted of the project area along with review of existing soils and seismic maps for eastern Contra Costa County

Air Quality and Noise – windshield surveys will be conducted to identify sensitive noise and air quality land uses such as residences, churches, parks and outdoor use areas.

Floodplains – Windshield survey and review of Federal Emergency Management Agency (FEMA) maps to identify areas within 50- and 100-year floodplains.

Hazardous waste; Initial Site Assessment – Conduct search of federal, state and local regulatory records. Review historical aerial photographs and topographic maps. Conduct windshield reconnaissance of the project area. Complete the Initial Site Assessment checklist.

Biology – Site visit conducted by qualified biologist. Obtain list of special status species from USFWS. Review California Natural Diversity Database information for the project area. Review local tree ordinances. 

Agriculture – Windshield survey and obtain information from agricultural and soil conservation agencies (State and County).

Land Use and Growth – Review Brentwood General Plan land use goals and policies pertaining to the project area. Review census data regarding ethnicity and income levels of people living near the project.

Cultural Resources – Conduct record search for National Register listed resources through Sonoma State Northwest Information Center.

Visual/Aesthetics resources – Windshield survey of the area to identify visual resources that may be affected such as Heritage trees or rock outcroppings.

Preliminary Environmental Evaluation Form

The Preliminary Environmental Evaluation (PEE) form will be completed and provided for inclusion in the PSR. The PEE form will identify the required technical studies for the project and the approximate timeframes for the completion of each study. The form will also identify coordination with federal, state and local agencies necessary for the project as well as any permit requirements. The form will also indicate the preliminary environmental document determination.

Meetings

Preparation of the Preliminary Environmental Evaluation will require coordination with the project engineer(s) and City staff to obtain information about the project design and information available in City files. The scope and budget includes up to two meetings.


Lone Tree Way Widening projectPreliminary Environmental Evaluation - PAM 
1-May-01

LABOR: Classification Hours Rate Total
Principal 50 $160.00 $8,000.00 
Project Manager $90.00 - 
Associate Planner 100 $70.00 $7,000.00 
Clerical 24 $50.00 $1,200.00 


Subtotal Direct Labor 174 $16,200.00 

DIRECT COSTS: 
Printing, Mailing, Telephone & Supplies $200.00 
Travel $150.00 
Haz. Mat Initial Site Assessment (Subcontractor) $4,270.00 
Biologist (Subcontractor) $3,000.00 

Mark-up on Subcontractors @ 5% $363.50 

SUBTOTAL DIRECT COSTS $7,983.50 

TOTAL $24,183.50 


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

This Agreement, made and entered into this 26th day of June, 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 the Lone Tree Way Widening Project.

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 June 27, 2001, and be completed by June 27, 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 $36,164.

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

________________________________ _________________________
John E. Stevenson, City Engineer Frank C. Bellecci, President

APPROVED AS TO FORM:

__________________________
Dennis Beougher, City Attorney

EXHIBIT “A”

Scope of Project Proposal

BELLECCI & ASSOCIATES, INC.



SCOPE OF SERVICE


This project is comprised of civil engineering planning services in conjunction with the preparation of a Project Study Report (PSR) equivalent for the proposed widening of Lone Tree Way from Brentwood Boulevard (SR4) westerly to the exiting Fairview Avenue intersection. The proposed project improvements support both proposed and existing office, retail, light industrial, and residential development within the City of Brentwood.

It is assumed for the purposes of this scope of service the City will be concurrently contracting with William R. Gray and Company (Gray) to be the lead consultant for the preparation of the PSR. It is also assumed that Bellecci & Associates, Inc. (Bellecci) will be taking direction from and will act as a support service to Gray. Gray will provide direction to Bellecci as to the format and presentation of the final work product to be provided.


a. Preliminary civil engineering design of ultimate roadway improvements for Lone Tree Way from Brentwood Boulevard (SR4) westerly to the exiting Fairview Avenue intersection. (Topographic mapping provided under another current contract with the City.) 
b. Research of existing utilities along the proposed route.
c. Research of existing utility rights of ways and existing legal rights.
d. Research of existing public roadway right of way.
e. Conceptual planning of intersection lane configurations based on direction provided by City=s Traffic consultant.
f. Typical roadway sections.
g. Future Right of Way Planning.
h. Technical Support for Preparation of Right of Way Data Sheet.
i. Project Cost Estimates.



1. Mapping

The project area will be aerially topographically mapped in conjunction with another concurrent City project. Research, verification, and mapping of the existing public roadway right of way and offers of dedication will be performed. Research and identification of existing utility rights of ways along the proposed roadway project will also be performed. Identification of each utility=s associated legal easement rights will be provided based upon identification of the existence of each utility through USA markings. Supplemental field mapping of existing above ground and overhead utilities outside of the existing pavement limits will be performed by “windshield” surveys and so noted on the aerial topographic map.



A. Prepare a supplemented aerial topographic map at a scale of 1"=40' with a 1' contour interval along the project route identifying all utilities and obstructions within and impacted by the ultimate roadway right of way.
B. Supplemental field surveys of surface evident utilities and USA markings along proposed alignment outside of the existing pavement.
C. Office research, analysis, and mapping of record right of way data.
D. Office research, analysis, and mapping of record utility easements based on field identification of existing utilities.



2. Preliminary Engineering

A. Prepare preliminary exhibits in AutoCAD 14/Softdesk 8 format depicting the existing public roadway right of way and existing utility right of ways. 
B. Prepare typical roadway cross sections.
C. Prepare intersection widening and alignment studies based on lane configuration and turn pocket storage requirements provided by the traffic consultant.
D. Prepare Preliminary Right of Way exhibits defining future public right of way requirements.
E. Identify and classify utility relocations as to those within the current City franchise area and those outside the current City franchise area.
F. Identify County Flood Control Zone Line requirements within the ultimate alignment.
G. Identify needs for railroad crossing upgrades.
H. Right of Way Data Sheet preparation technical support.
I. Prepare preliminary cost estimates detailing scope of improvements. 



3. Supplemental

A proposal for the following supplemental 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. Final design and construction documents for roadway improvements.
D. Field surveys to define and establish existing right of way locations.
E. Preparation of text to accompany the exhibits and cost estimates defined herein above.

EXHIBIT “B”

Proposed Project Budget

BELLECCI & ASSOCIATES, INC.


CITY OF BRENTWOOD - LONE TREE WAY WIDENING EXHIBIT B

Task # Task Description Task Budget 
Task 1: Mapping 
1A Supplemental Field Topo Survey $4,640 
1B Prepare Supplemented Aerial Mapping $2,416 
1C Record Right of Way Identification $2,440 
1D Record Utility Easement Identification $2,928 
Task 2: Preliminary Engineering 
2A Existing ROW and Utility Easement Exhibits $3,856 
2B Typical Roadway Sections $720 
2C Intersection Studies $2,440 
2D Future ROW Exhibits $3,392 
2E Utility Relocations $1,952 
2F County Flood Control Requirements $732 
2G Railroad Crossing Upgrade $3,904 
2H Right of Way Data Sheet Technical Support $1,952 
2I Cost Estimates $4,392 
Subtotal Mapping $12,424 
Subtotal Preliminary Engineering $23,340 
Printing & Reproductions $400 



EXHIBIT “C”

Rate Schedule

BELLECCI & ASSOCIATES, INC.


Effective to February 28, 2002


EXHIBIT C

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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