CITY COUNCIL AGENDA ITEM NO. 7
Meeting Date: September 11, 2007
Subject/Title: Adopt a Resolution Approving and Authorizing the City Manager
to Execute a Professional Services Agreement in an Amount Not To Exceed
$235,000, plus a 10% Contingency of $23,500 for a Total Cost of $258,500 for
Civil Engineering, Surveying and Mapping Services with BKF Engineers for the
Civic Center Project
Prepared by: Gail Leech, Management Analyst
Submitted by: Karen Chew, Assistant City Manager
Adopt a resolution approving and authorizing the City Manager to execute a
professional services agreement in an amount not to exceed $235,000, plus a
10% contingency of $23,500 for a total cost of $258,500 for civil
engineering, surveying and mapping services with BKF Engineers for the Civic
On April 24, 2007, by Resolution No. 2007-89, City Council approved and
authorized the City Manager to execute an agreement with LPA, Inc., for the
architectural planning, design and related services of the New City Hall
(CIP No. 337-31390), including the Civic Center Parking Facility and Civic
Center Plaza in an amount not to exceed $2,922,218, plus 10% contingency of
$292,221 for a total of $3,214,439.80.
On June 12, 2007, by Resolution No. 2007-126, City Council adopted the
Negative Declaration and adopted the 2007/08 - 2011/12 Capital Improvement
Program which includes the New Community Center CIP project.
On August 14, 2007, by Resolution No. 2007-180, City Council approved and
authorized the City Manager or designee to execute Amendment No. One to the
Professional Services Agreement with LPA, Inc., in the amount of $1,306,368,
plus a 10% contingency of $130,636.80 for a total of $1,437,004.80 to
include the new Community Center.
On August 14, 2007, by Resolution No. 2007-190, the City Council 1) endorsed
the Civic Center Master Site Plan Concept, Option 2, 2) directed staff to
pursue basic LEED certification as a minimum on the Civic Center buildings
and 3) amended the following Capital Improvement Projects to accelerate the
project timelines and financing to allow for the construction of the Civic
Center: City Park, Civic Center Plaza, the Library Relocation, New City Hall
and the New Community Center.
Through staff planning sessions and community outreach meetings, the scope
of the Civic Center project has been amended to accurately reflect the needs
of the community and to lay the foundation for the future Civic Center. The
new Civic Center Master Site Plan Concept includes building the following
facilities concurrently: City Hall, Civic Center Plaza, Civic Center Parking
Structure, City Park, a new Community Center and relocation of the library.
A considerable savings will be recognized by building these facilities
Prior to the design and construction process, civil engineering, surveying
and mapping services are required by a licensed civil engineering firm.
During this process, detailed ground measurements are taken; topographic and
planimetric features are defined; visible structures such as manholes,
boxes, hydrants, etc., are measured and plotted and this information is then
compiled into an electronic drawing, which is essential to the planning and
design of the Civic Center.
The total cost of these engineering services will not exceed $258,500. The
funds associated with this project are included in the 2007/08 – 2011/12 CIP
Budget which includes City Park (CIP # 352-52406), Civic Center Plaza, Civic
Center Parking Facility, the New City Hall (CIP # 337-31390) and the New
Community Center (CIP # 337-37195).
BKF Engineering Professional Services Agreement
Exhibit A - Scope of Services
Exhibit B - Compensation
A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $235,000, PLUS A
10% CONTINGENCY OF $23,500 FOR A TOTAL COST OF $258,500 FOR CIVIC
ENGINEERING, SURVEYING AND MAPPING SERVICES WITH BKF ENGINEERS FOR THE CIVIC
WHEREAS, on April 24, 2007, by Resolution No. 2007-89, City Council approved
and authorized the City Manager to execute an agreement with LPA, Inc., for
the architectural planning, design and related services of the New City Hall
(CIP No. 337-31390), including the Civic Center Parking Facility and Civic
Center Plaza in an amount not to exceed $2,922,218, plus 10% contingency of
$292,221 for a total of $3,214,439.80.
WHEREAS, on June 12, 2007, by Resolution No. 2007-126, City Council adopted
the Negative Declaration and adopted the 2007/08 - 2011/12 Capital
Improvement Program which includes the New Community Center CIP project.
WHEREAS, on August 14, 2007, by Resolution No. 2007-180, City Council
approved and authorized the City Manager or designee to execute Amendment
No. One to the Professional Services Agreement with LPA, Inc., in the amount
of $1,306,368, plus a 10% contingency of $130,636.80 for a total of
$1,437,004.80 to include the new Community Center.
WHEREAS, on August 14, 2007, by Resolution No. 2007-190, the City Council 1)
endorsed the Civic Center Master Site Plan Concept, Option 2, 2) directed
staff to pursue basic LEED certification as a minimum on the Civic Center
buildings and 3) amended the following Capital Improvement Projects to
accelerate the project timelines and financing to allow for the construction
of the Civic Center: City Park, Civic Center Plaza, the Library Relocation,
New City Hall and the New Community Center
WHEREAS, through staff planning sessions and community outreach meetings,
the scope of the new City Hall project has been amended to accurately
reflect the needs of the community and to lay the foundation for the future
Civic Center; and
WHEREAS, prior to the design and construction process, civil engineering,
surveying and mapping services are required by a licensed civil engineering
firm. During this process, detailed ground measurements are taken;
topographic and planimetric features are defined; visible structures such as
manholes, boxes, hydrants, etc., are measured and plotted and this
information is then compiled into an electronic drawing, which is essential
to the planning and design of the Civic Center.
WHEREAS, the total cost of this contract will not exceed $258,500, which is
included in the 2007/08 – 2011/12 CIP Budget.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Brentwood hereby approves and authorizes the City Manager or designee to
execute, a professional services agreement in an amount not to exceed
$235,000, plus a 10% contingency of $23,500 for a total cost of $258,500 for
civil engineering, surveying and mapping services with BKF Engineers for the
Civic Center Project.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 11th day of September 2007 by the following
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this ______ day of September 2007 by
and between the CITY OF BRENTWOOD, a municipal corporation existing under
the laws of the State of California, hereinafter referred to as “City”, and
BKF Engineers, a California corporation hereinafter referred to as
A. City desires certain civil engineering and surveying services regarding
the proposed improvements in Downtown Brentwood. These services specifically
pertain to the New City Hall and Parking Garage, Civic Center Plaza, New
Community Center and the City Park Redesign (collectively, the "Project").
B. City desires to engage Consultant to provide these services by reason of
its qualifications and experience performing such services and Consultant
has offered to provide the required services on the terms and in the manner
set forth herein.
C. Consultant represents that it is fully licensed and qualified with all
professional skills necessary to perform the services described in this
Agreement and has special expertise in the performance of repair/remodel and
construction management services for public agencies of similar scope and
complexity as the Services to be performed under this Agreement.
NOW, THEREFORE, City and Consultant agree as follows:
SECTION 1 – SCOPE OF SERVICES
The scope of services subject to this agreement and to be performed by
Consultant for the Project is described in Exhibit “A”, Scope of Services,
attached hereto and incorporated herein.
SECTION 2 – CONSULTANT'S REPRESENTATIONS AND RESPONSIBILITIES
A. Consultant acknowledges that in entering into this agreement the City is
relying upon Consultant's special skills and experience to do and perform
the services in accordance with best standards of professional practice in
the repair/remodel and construction management field for public projects of
similar size, scope and complexity. Consultant agrees to perform the
services in accordance with these standards. The acceptance of Consultant's
services by City does not operate as a release of Consultant from these
B. Consultant accepts the relationship of trust and confidence established
between it and City by this Agreement. Consultant shall use its best
efforts, skill, judgment, and abilities to assist and work with City to
perform the Services, to produce the necessary maintenance, repair and/or
remodel work, and to further the interests of City in accordance with City's
requirements and procedures, each in accordance with professional standards
that apply to Consultant.
C. Consultant shall perform the Services in full compliance with applicable
federal, state and local laws and regulations in effect at the time such
services are rendered (collectively, "Applicable Laws").
D. Consultant shall be responsible for employing or engaging all persons
necessary to perform the Services. All of Consultant's staff shall be
qualified by training and experience to perform their assigned tasks.
Consultant shall give its personal attention to the fulfillment of the
provisions of this Agreement by all of its employees and sub-Consultants, if
any, and shall keep the Services under its control. If any employee or
sub-Consultant of Consultant fails or refuses to carry out the provisions of
this Agreement or appears to be incompetent or to act in a disorderly or
improper manner, he or she shall be discharged immediately from the work
under this Agreement on demand of City.
E. One or more members or employees of Consultant's firm are licensed by the
State of California to perform their services and these services will be
performed by them or under their supervision.
F. Consultant shall submit, for City's approval, contractors and/or
proposals for the Services, complete with job descriptions, names and
previous experience of all personnel.
G. Consultant's services are unique and personal. Consultant shall not
assign or transfer any of its interest or obligation under this Agreement
without the City's written consent. Consultant shall not subcontract its
duties under this Agreement without the City's written consent. No
sub-consultant will be recognized by City as such; rather, all
sub-consultants are deemed to be the agents of Consultant, and Consultant
agrees to be responsible for their performance. Consultant is specifically
authorized to subcontract with the sub-consulting firms to assist in
providing the Services.
SECTION 3 - INDEPENDENT CONTRACTOR
The services to be provided to the City as set forth in this Agreement shall
be provided by Consultant as an independent contractor as defined in Labor
Code 3353, under the control of the City as to the result of the work but
not the means by which the result is accomplished, and nothing herein
contained shall be construed to make Consultant an agent or employee of the
City while providing these services. Consultant shall be entitled to no
other benefits or compensation except as provided in this Agreement.
SECTION 4 - DUTIES OF CONSULTANT
A. Consultant's Services shall be furnished as described below and as more
particularly described in Exhibit “A”, Scope of Services. Any changes in the
Scope of Services must be approved in advance, in writing, by the City
Manager or her designee, or if verbally requested by City, confirmed in
writing by Consultant within five (5) working days.
B. Consultant shall be responsible for the professional quality, technical
accuracy and coordination of all Services. Consultant shall, without
additional compensation, correct or revise any errors or deficiencies in its
C. Consultant shall furnish City with every reasonable opportunity for City
to ascertain that the Services are being performed in accordance with the
requirement and intentions of this Agreement.
SECTION 5 - TERM, PROGRESS AND COMPLETION
A. The term of this Agreement shall begin on the date first above written
and shall expire upon completion of the Services or when terminated.
B. Consultant shall promptly commence performance of the Services upon
execution of this Agreement, and shall diligently pursue performance of the
Services until completion.
C. Time is of the essence in the performance of this Agreement.
SECTION 6 - PAYMENT
A. Basic Services.
1. City shall pay Consultant for full and faithful performance of Basic
Services, as outlined in Exhibit “B”, a fee not to exceed the amount of Two
Hundred and Thirty Five Thousand Dollars ($235,000) (the "Maximum Contract
2. Payments for various items of service may be modified with approval of
City so long as there is no change in the maximum contract amount.
B. Additional Services.
1. City shall pay Consultant for authorized Additional Services on an hourly
basis. City shall pay only for Additional Services authorized by the City
Manager or her designee in writing or requested verbally by City and
confirmed in writing by Consultant within five (5) working days.
2. Consultant and City shall agree upon an estimated not-to-exceed cost for
any proposed Additional Services or, in the case of a verbal request,
Consultant shall provide City with a written estimated not-to-exceed cost
for such Additional Services at least one (1) working day prior to
commencing the additional Services. In no event shall City pay for
Additional Services made necessary by Consultant's errors or oversights.
C. Reimbursable Expenses.
In addition to compensation for Basic Services and Additional Services, City
shall reimburse Consultant for Reimbursable Expenses Consultant incurs in
the course of performing Services under this Agreement. Reimbursable
Expenses include only the following items:
1. Reproduction and handling of Documents prepared in connection with the
2. Fees paid for securing government approvals for the Project; and
3. Other expenses as City may approve in writing in advance.
D. If CITY disagrees with any portion of a billing, the CITY shall promptly
notify Consultant of the disagreement, and the CITY and the Consultant shall
attempt to resolve the disagreement. CITY’S payment of any amounts shall not
constitute a waiver of any disagreement and CITY shall promptly pay all
amounts not in dispute.
E. Consultant shall maintain complete and accurate records of the number of
hours worked by persons and Reimbursable Expenses on the Project during each
phase under this Agreement. All such records shall be maintained on a
generally accepted accounting basis and shall be clearly identified and
readily accessible. CITY shall have the right to examine and copy such books
and records at all times. Consultant shall permit the CITY to examine and
audit those books and records, shall permit the CITY to make copies of those
books and records, and shall permit the CITY to inspect all work data,
documents, proceedings and activities related to this Agreement for a period
of three (3) years from the date of final payment under this Agreement. All
accounting records shall provide an understandable breakdown of costs
charged to this Agreement.
SECTION 7 - CONFLICT OF INTEREST
Consultant understands that its professional responsibility is solely to
City. Consultant warrants that it presently has no interest, and will not
acquire any direct or indirect interest, that would conflict with its
performance of this Agreement. Consultant shall not knowingly, and shall
take reasonable steps to ensure that it does not, employ a person having
such an interest in the performance of this Agreement. If after employment
of a person, Consultant discovers that it has employed a person with a
direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly disclose the relationship to the City
and take such action as the City may direct to remedy the conflict.
SECTION 8 - TERMINATION
A. If Consultant at any time refuses or neglects to prosecute its Services
in a timely fashion or in accordance with the Project schedule, or is
adjudicated a bankrupt, or commits any act of insolvency, or makes an
assignment for the benefit of creditors without City's consent, or fails to
make prompt payment to persons furnishing labor, equipment, or materials, or
fails in any respect to properly and diligently prosecute its services, or
otherwise fails to perform fully any and all of the agreements herein
contained, Consultant shall be in default.
B. If Consultant fails to cure the default within seven (7) days after
written notice thereof, City may, at its sole option, take possession of any
Documents or other materials (in paper and electronic form) prepared or used
by Consultant in connection with the Project and (1) provide any such work,
labor, or materials as may be necessary to overcome the default and deduct
the cost thereof from any money then due or thereafter to become due to
Consultant under this Agreement; or (2) terminate Consultant's right to
proceed with this Agreement.
C. In the event City elects to terminate, City shall have the right to
immediate possession of all Documents and work in progress prepared by
Consultant, whether located at the Project, at Consultant's place of
business, or at the offices of a subconsultant, and may employ any other
person or persons to finish the design work and provide the materials
therefor. In case of such default termination, Consultant shall not be
entitled to receive any further payment under this Agreement until the
Project is completely finished. At that time, if the unpaid balance of the
amount to be paid under this Agreement exceeds the expenses incurred by City
in obtaining construction / remodel services for the Project, such excess
shall be paid by City to Consultant, but, if such expense shall exceed such
unpaid balance, then Consultant shall promptly pay to City the amount by
which such expense exceeds such unpaid balance. The expense referred to in
the last sentence shall include expenses incurred by City in causing the
services called for under this Agreement to be provided by others, for
attorneys' fees, and for any costs or damages sustained by City by reason of
Consultant's default or defective work.
D. In addition to the foregoing right to terminate for default, City
reserves the absolute right to terminate this Agreement without cause, upon
72-hours' written notice to Consultant. In the event of termination without
cause, Consultant shall be entitled to payment in an amount not to exceed
the Maximum Contract Amount, which shall be calculated as follows: (1)
Payment for Services then satisfactorily completed and accepted by City,
plus (2) Payment for Additional Services satisfactorily completed and
accepted by City, plus (3) Reimbursable Expenses actually incurred by
Consultant, as approved by City. The amount of any payment made to
Consultant prior to the date of termination of this Agreement shall be
deducted from the amounts described in (1), (2) and (3) above. Consultant
shall not be entitled to any claim or lien against City or the Project for
any additional compensation or damages in the event of such termination and
payment. In addition, the City's right to withhold funds under Section 6(E)
shall be applicable in the event of a termination for convenience.
E. If this Agreement is terminated by City for default and it is later
determined that the default termination was wrongful, such termination
automatically shall be converted to and treated as a termination for
convenience under this Article and Consultant shall be entitled to receive
only the amounts payable hereunder in the event of a termination for
SECTION 9- OWNERSHIP OF DOCUMENTS
A. The plans, specifications, estimates, programs, reports, models, and
other material prepared by or on behalf of Consultant under this Agreement
including all drafts and working documents, and including electronic and
paper forms (collectively the "Documents"), shall be and remain the property
of the City, whether the Services or Project is completed or not. Consultant
shall deliver all Documents to City upon (1) the substantial completion date
of the Services, (2) the date of termination of this Agreement for any
reason, or (3) at any time requested by City, upon five (5) days written
B. The Documents may be used by City and its agents, employees,
representatives, and assigns, in whole or in part, or in modified form, for
all purposes City may deem advisable, without further employment of or
payment of any compensation to Consultant; provided, however, that if this
Agreement is terminated for any reason prior to completion of the Project
and if under such circumstances City uses, or engages the services of and
directs another Consultant to use, such documents, CITY agrees to hold
Consultant harmless from any and all liability, costs, and expenses
(including reasonable legal fees and disbursements), relative to claims
arising out of matters and/or events which occur subsequent to the
termination of this Agreement as a result of causes other than the fault or
negligence of Consultant, or anyone for whose acts it is responsible, in
preparation of the Documents. Consultant shall not be responsible for
deficiencies solely attributable to modifications to the Documents performed
by others, or that arise from use of the Documents in connection with a
project or site other than that shown in the Documents.
C. All reports, information, data, and exhibits prepared or assembled by
Consultant in connection with the performance of its services pursuant to
this Agreement are confidential until released by the City to the public,
and the Consultant shall not make any of these documents or information
available to any individual or organization not employed by the Consultant
or the City without the written consent of the City before any such release.
SECTION 10 – INDEMNITY
A. Claims for Professional Liability – Consultant shall, with respect to all
Services performed in connection with this Agreement, defend, indemnify, and
hold the City of Brentwood, its elected and appointed officers, employees,
and volunteers harmless from and against any and all claims, liability,
loss, damage, costs, or expenses, including reasonable attorneys' fees,
awards, fines, or judgments (collectively, "Claims"), arising from or
relating to negligent acts, errors, or omissions in the performance of
professional services by Consultant, its subconsultants, agents or
employees. Consultant shall not be obligated under this Agreement to
indemnify City to the extent that the damage is caused by the sole or active
negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability – Consultant shall, with respect to all
Services performed in connection with this Agreement, defend, indemnify, and
hold the City of Brentwood, its elected and appointed officers, employees,
and volunteers harmless from and against any and all liens and Claims by
firms or individuals claiming through Consultant, and all Claims for
compensation, the death or bodily injury to persons, injury to property, or
other loss, damage, or expense arising from or related to the Services of
Consultant , its subcontractors, agents or employees. Consultant shall not
be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of
City, its agents or employees.
C. Claims involving intellectual property - In addition to the obligations
set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold
the City of Brentwood, its elected and appointed officers, employees, and
volunteers, harmless against any Claim is alleged in which a violation of
intellectual property rights, including but not limited to copyright or
patent rights, that arises out of or relates to the Services of Consultant,
its subcontractors, agents or employees. Consultant shall not be obligated
under this Agreement to indemnify City to the extent that the damage is
caused by the sole or active negligence or willful misconduct of City, its
agents or employees.
SECTION 11 – INSURANCE
A. Consultant shall, at all times it is performing Services under this
Agreement, provide and maintain insurance in the following types and with
limits no less than the following amounts:
1. Commercial General Liability Insurance, occurrence form, with a limit of
not less than $2,000,000 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;
2. Automobile Liability Insurance, occurrence form, with a limit of not less
than $1,000,000.00 each occurrence. Such insurance shall include coverage
for owned, hired, and non-owned automobiles.
3. Professional Liability (errors and omissions) insurance in the minimum
amount of $2,000,000.00 aggregate.
4. Workers Compensation in at least the minimum statutory limits.
5. Employers Liability Insurance, with minimum limits of $1 million per
B. General Provisions:
1. Consultant's general and automobile liability insurance policies shall be
endorsed to name 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
2. Consultant's general and automobile liability insurance policies shall be
endorsed so that they are primary with respect to any insurance or
self-insurance programs of CITY, its officers, employees, and volunteers.
3. Before performing any services under this Agreement, Consultant shall
provide evidence of the required coverage and limits, and properly executed
policy endorsements satisfactory to City.
4. No changes in insurance may be made without the written approval of the
SECTION 12 - 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 deemed 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 13 - COSTS AND ATTORNEYS FEES
Attorney fees in an amount not exceeding Eighty Five Dollars ($85.00) per
hour per attorney, and in total amount not exceeding Five Thousand Dollars
($5,000.00), 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 $5,000 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 $5,000 for attorneys’ fees arising out of an action, or actions to
enforce the provisions of this agreement.
SECTION 14 - NON-DISCRIMINATION
Consultant warrants that it 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 15 - MEDIATION
Should any dispute arise out of this Agreement, either party may request
that it be submitted to mediation. The parties shall meet in mediation
within 30 days of a request. 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 requesting 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 16 - 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 actual or
alleged negligence or other wrongdoing, City shall compensate Consultant for
time spent in preparation for testimony, testimony, and travel at
Consultant's standard hourly rates at the time of actual testimony.
SECTION 17 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid,
addressed as follows:
To City: Gail Leech
City of Brentwood
150 City Park Way
Brentwood, CA 94513
To Consultant: Robert Stevens
4670 Willow Road, Ste. 250
Pleasanton, CA 94588
SECTION 18 – 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
All Exhibits referenced in or attached to this Agreement are incorporated
herein by this reference.
SECTION 19 – 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
DONNA LANDEROS, City Manager Title: ________________________________
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
Damien Brower, City Attorney
SCOPE OF SERVICES
The following civil engineering and surveying services are required
regarding the Civic Center project.
Task 1: Supplemental Topographic and Boundary Survey
1. Supplemental Detailed Survey: Detailed ground measurements will be taken
by our field crew within the street areas adjacent to the site and around
the parking areas. Topographic features will be defined by spot elevations
along back of walk and top of curbing. Planimetric features within the area
such as curbs, walks and signs will be plotted. Visible utility structures
such as manholes, inlets, boxes, vaults, hydrants and valves within the
street areas will be measured and plotted from surface evidence. Invert
measurements of the major sanitary and storm drain structures will be taken
when able. Utility line information for the street areas will be gathered
from City staff and controlling agencies and will be plotted from record
location and visible evidence. Utility information will be added to the 40
scale base maps.
2. Boundary Survey: Research will be performed for City and County records.
Right of way information will be calculated. A field survey by our field
crews will be performed to measure enough existing monument evidence to
prepare a rough record boundary. Record easements within the new city hall
site will be plotted on the base maps if a title report is provided. It is
assumed that the record information closes when calculated and that
sufficient monuments exist to retrace the property lines. Setting of
property corners is not a part of this work.
3. Drawing: All topographic data and boundary information will be compiled
into an electronic drawing.
Task 2: Preliminary Engineering – Alternatives
1. Kickoff Meeting: BKF will attend a kickoff meeting with the design team
to discuss the project. We will coordinate with the team during this phase
as necessary to develop our product.
2. Existing Conditions Review: BKF will review the topographic and boundary
survey and note potential conflicts with existing utility systems that may
affect the project. We will meet with the City of Brentwood and owners of
public utilities in the project area to determine the impact on their
facilities. A public sanitary sewer may need to be relocated in the project
3. Utility Service: BKF will submit “will serve” letters for water, sanitary
sewer, electricity, and telephone service. We will verify with the utility
agencies that the adjacent existing sanitary sewer, storm drain, domestic
water and fire water have adequate capacity to service the site.
4. NPDES C.3 Compliance: BKF will coordinate with the architect and
landscape architect for potential landscape features that can be used to
comply with NPDES provision C.3 requirements. We will prepare an initial
storm water control plan for the site and note potential modifications to
the site plan that may be necessary.
5. Site Grading and Layout: BKF will coordinate with the team to ensure the
site plan conforms to existing conditions and site constraints. We will
assist in coordinating the proposed streetscape with the on site
6. Estimate: BKF will assist in the preparation of an opinion of cost for
elements included in our scope of work.
7. Warrant Analysis: BKF will prepare an analysis at the entrance from
Second Street to the Civic Center to determine if a traffic signal is
8. Deliverables: Our assumptions, comments, and findings will be documented
and submitted in memorandum format. Furthermore, we will prepare a schematic
site, grading and utility plans.
9. Alternatives: Based on comments received, BKF will revise the documents
and submit for final review.
10. Meetings: BKF will attend four (4) coordination meetings.
Task 3: Construction Documents
1. Coordination: Based on the approved site plan as developed in the
preliminary engineering phase, BKF will prepare documents for construction.
We will continue to coordinate utility systems, hardscape, landscape, and
site grading with the team.
2. Drawings: We will prepare the following:
• Existing Conditions
• Demolition Plan
• Horizontal Control Plan
• Grading Plan
• Utility Plan
• Public Sanitary Sewer Relocation Plan and Profile
• Erosion Control Plan
• Phasing Plan
• Construction Details
3. Calculations: BKF will prepare the following final calculations:
• Storm drain hydrology and hydraulics
• Domestic and fire water hydraulics
4. Specifications: BKF will prepare technical specifications in the City of
Brentwood format for elements included in our scope of work.
5. Submittals: BKF will provide submittals at the 30%, 60%, 90%, and 100%
level of completion.
6. NPDES C.3 Compliance: BKF will complete a final storm water control plan
and an operations and maintenance plan that comply with City of Brentwood
and Contra Costa County standards.
7. SWPPP: BKF will prepare a storm water pollution and prevention plan that
details methods to limit construction related discharge from the site. We
will complete a Notice of Intent that is to be submitted by the owner.
8. Estimate: BKF will assist in the preparation of an opinion of cost for
elements included in our scope of work.
9. Project Approval: BKF will revise the documents after each submittal
based on agency comments.
10. Utility Coordination: BKF will work with utility companies to coordinate
efforts for new service and relocation.
11. Meetings: BKF will attend eight (8) coordination meetings.
Task 4: Communication System Documents
1. Coordination: BKF will review as-built records for installed
communications conduits and fiber optic cables. We will coordinate with the
design team and City regarding new conduit routing, cabling and splicing.
2. Drawings: BKF will create the following drawing for inclusion:
• Communications Conduits
• Cable Plan
• Splicing Plan
Item 5: Bidding Support
1. BKF will attend a pre-bid meeting with the contractors.
2. BKF will submit the construction documents and specifications to general
contractors for bidding.
3. BKF will respond in a written format to bidder’s questions regarding the
plans and specifications.
4. BKF will assist the client with post-bid analysis.
Task 6: Construction Support
1. Site Observation Visits scope of work clarifications: BKF will visit the
site to provide clarification of the consultant’s design intent for the
contractor, architect, or owner. We have allocated fee for four (4) visits.
2. Requests for Information: BKF will respond in writing to written requests
for information associated with the civil design items within two (2)
3. Submittal Review: BKF will review and return submittals for those items
included in the civil scope of work.
Optional Service 1: Utility Locating
1. A utility locating firm will be retained to trace and mark existing
utility lines within the property. Field crews will measure the marks. The
markings will be added to the base maps. Utility records will need to be
provided to the locating firm. Not all utilities can be located such as
pressurized lines or non-ferrous lines. Some gravity lines may be clogged
and can not be traced. We have provided a daily allowance for the utility
Optional Service 2: Tree Survey
1. Measurements will be taken within the sites to locate trees larger than 4
inches in diameter. Information will be added to the base maps.
Optional Service 3: Traffic Signal
1. Should a traffic signal be necessary, BKF will prepare a traffic signal,
conduit, and conductor plan for the intersection of Second Street and the
Optional Service 4: Additional Topography
1. If relocation of the existing sanitary sewer in the park is necessary,
BKF will acquire additional topography outside of the project boundaries as
necessary. We have allocated 30 hours of field crew time and 40 hours of
staff time for this task.
Optional Service 5: Mapping Support
1. BKF will provide the following mapping support:
a. Up to two (2) legal descriptions and plat maps for abandonment
b. Up to two (2) legal descriptions and plat maps for new utilities
c. Schematic property and easement map of development.
BKF has the resources available to commence services in the fourth quarter
of 2007. Our fees are valid assuming the project’s commences in the next 90
days and the design phase is complete by January 2008 with construction will
beginning in May 2009.
BKF proposes to provide the services on a not to exceed time and materials
basis per the attached rate schedule. The fee assumes that these two
projects can be completed simultaneously.
Basic Services Fee Summary:
City Hall and Garage Park
Task 1 Topographic and Boundary Survey $ 15,000 $ 6,000
Task 2 Preliminary Engineering – Alternatives $ 20,000 $ 5,000
Task 3 30% Construction Documents $ 20,000 $ 15,000
60% Construction Documents $ 20,000 $ 15,000
90% Construction Documents $ 20,000 $ 15,000
100% Construction Documents $ 5,000 $ 5,000
Task 4 Communications System Documents $ 10,000
Task 5 Bidding Support $ 2,000 $ 1,000
Task 6 Construction Support $ 8,000 $ 5,000
Total Basic Services $ 120,000 $ 67,000
In addition to the above fee, Reimbursable Expenses will be billed on a time
and materials basis with a ten (10) percent mark-up. Reimbursable expenses
include city and agency fees, reproduction costs, computer printing,
photographic services and delivery.
Approximate budget for Reimbursable Expenses: $ 5,000
Based on our understanding of the scope of work, please budget at least
$192,000 for the basic services.
Optional Services Fee Summary:
Item Unit City Hall and Garage Park
Task 1 Utility Locating ($1,500 per day) Allow $ 5,000
Task 2 Tree Survey Allow $ 5,000
Task 3 Traffic Signal EA $ 15,000
Task 4 Additional Topography Allow $ 10,000
Task 5 Legal Descriptions Allow $ 8,000
For tasks that are not contained in this scope of service, an additional fee
based on the attached rate schedule will be submitted for your approval
prior to commencing the activity. The rate schedule is subject to change
based on rate adjustments made in the year 2008.