City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

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

____________________________________________________________________________

RECOMMENDATION
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.

PREVIOUS ACTION
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.

BACKGROUND
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 together.

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.

FISCAL IMPACT
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).


Attachments:
Resolution
BKF Engineering Professional Services Agreement
Exhibit A - Scope of Services
Exhibit B - Compensation

RESOLUTION NO.

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 CENTER PROJECT


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 vote:


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 "Consultant.”

RECITALS

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 obligations.

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 Services.

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 Amount").

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 Project;

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 convenience.

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 notice.

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 occurrence.

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 omissions insurance.

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 City.

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
BKF Engineers
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 and Consultant.

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: ________________________________

ATTEST:

________________________________
Margaret Wimberly, City Clerk

APPROVED AS TO FORM:

________________________________
Damien Brower, City Attorney





EXHIBIT "A"

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 area.
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 improvements.
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 warranted.
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:
• Earthwork
• 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) business days.
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 locator.

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 Civic Center.

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.

SCHEDULE

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.

EXHIBIT “B”

COMPENSATION

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.
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov