ORIGINAL
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (" Agreement") is effective as of this / 1+h day of () C. TO Gtit , 2O . fJ by and between THE CITY OF EMERYVILLE, a municipal corporation, (" City") and S&C Engineers, Inc. (" Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H T H AT:
WHEREAS, the City desires to South Bayfront Bridge/Horton Landing Park PROJECT; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated underthis Agreement; and, WHEREAS, the City has determined that the Consultant is qualified by training and experience to render such services; and,
WHEREAS, the Consultant desires to provide such services; and, WHEREAS, the public interest will be served by this Agreement; and, NOW, THEREFORE, the Parties hereto do mutually agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Project Description
Construction Management/ Inspections service for the South Bayfront Pedestrian Bicycle Bridge.
B. Services
The services to be completed under this Agreement ("Services") are:
Project Approach as described in Exhibit A
C. Schedule and Completion Date:
The services to be provided by Consultant under this Agreement shall commence on the date of the Fully Executed Agreement and terminate on upon 90 days after issuance of Certificate of Completion or December 31, 2019 whichever is later
FOR CITY USE ONLY
Contract#: I 17060- 0000- PW0l I CIP#: I 16475006
Reso. #: I 1/- lbl I EPW#: I
II. WORK CHANGES
A. The City reserves the right to order changes in the work to be performed under this Agreement by altering, adding to or deducting from the work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time .
B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in a change order duly executed on behalf of the City and the Consultant.
C. The City Manager has authority to execute without further action of the Emeryville City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or increase the total amount to be paid under this Agreement, as set forth in Section 111.B below. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $45,000 must be approved by resolution of the Emeryville City Council.
Ill. COMPENSATION AND METHOD OF PAYMENT
A. City agrees to pay the Consultant for the services performed and costs incurred by Consultant upon certification by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Consultant upon receipt and approval by the City of invoices setting forth in detail the services performed and costs incurred. The City shall pay the Consultant within forty-five ( 45) days after approval of the invoice by City staff.
B. The total amount paid under this Agreement as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed Two Million Five Hundred Sixty Eight Thousand Six Hundred Thirty and 45/100 Dollars ($ 2,568,630.45) except as outlined in Section
11.C., above. The compensation for Services performed shall be computed based upon rates as set forth in Exhibit B. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost.
Supplies and outside services, transportation , lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden.
Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.
IV. COVENANTS OF CONSULTANT
A. Assignment ofAgreement
B.
The Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Consultant shall be solely responsible for reimbursing them and the City shall have no obligation to them.
Responsibility of Consultant and Indemnification of City It is the intent of the parties that the language of this Paragraph complies fully with the requirements of section 2782.8 of the California Civil Code as enacted by AB 573. To the fullest extent permitted by law, Consultant shall indemnify, defend , and hold harmless City and City's members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury including without limitation injury to or death of an employee of Consultant or subconsultants as well as any claim by any employee, agent, Consultant or independent contractor hired or employed by Consultant that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and the costs of investigation, to the extent arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control, whether or not there is alleged to be concurrent negligence on the part of the City, but, to the extent required by law, excluding liability caused by the conduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to orfor Consultant. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement for 10 years beyond the termination of the contract date.
C. Independent Contractor
The Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Consultant agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of consultants, agents or employees to complete the services; and . the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Consultant agrees to be solely responsible for its own acts and those of its subordinates and employees during the life of this Agreement.
D. Insurance
1. Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Consultant, its agents, representatives, employees or subcontractors. If requested, Consultant shall provide the City with copies of all insurance policies. These requirements are subject to amendment or waiver if so approved in writing by the City Manager.
2. Minimum Limits of Insurance: Consultant shall maintain limits no less than:
a. Commercial General Liability providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for
bodily injury, including death, of one or more persons, property damage and personal injury with limits of not less than Two Million Dollars ($ 2,000,000) per occurrence. The policy shall provide contractual liability and, ifrequired by City, products and completed operations coverage for the term of the policy.
b. Comprehensive Automobile Liability ( owned, non-owned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000). c. Professional Liability of One Million Dollars ($ 1,000,000) providing coverage on a claims made basis for errors,
omissions or malpractice. Professional liability insurance must
3. 4.
be continued for at least 5 years after termination or final payment under the Agreement, whichever is later.
d. Workers' Compensation limits as required by the laws of the State of California and Employers Liability limits of not less than $1,000,000 per accident.
No Workers' Compensation insurance shall be required if Consultant completes the following certification:
I certify that my business has no employees and that I
do not employ anyone. I am exempt from the legal
requirement to provide Workers' Compensation
Insurance.
Consultant's initials)
Deductibles and Self-Insured Retentions: Any deductibles or selfinsured retentions must be declared to and are subject to approval by the City.
Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions:
a. General Liability and Automobile Liability Coverage.
Consultant shall name the City of Emeryville, its
officials, employees, agents and volunteers as
additional insureds in its Commercial General Liability and Automobile Liability policies. If Consultant submits the ACORD Insurance Certificate, the additional
insured endorsement must be set forth on a CG 20 10
11 85 form ( or more recent) and/or CA 20 48 -
Designated Insured Form ( for business auto
insurance); The coverage shall contain no special
limitations on the scope of protection afforded to the
City, its officials, employees, agents or volunteers,
except where limited by State laws.
When a certificate says, "certificate issued to" this does not mean the same as additional insured and is not
acceptable.
ii. Consultant's insurance coverage shall be primary
noncontributing insurance as respects to any other
insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any
insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of
the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers.
iv. Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's liability.
v. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits.
There shall be no cross liability exclusion.
vi. The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and
volunteers for losses arising from work performed by
the Consultant for the City.
vii. All endorsements to policies shall be executed by an authorized representative of the insurer.
b. Workers' Compensation Coverage
The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City.
c. All Coverages
i. Each insurance policy required by this clause shall be endorsed to state that City will be provided thirty (30) days written notice of cancellation or material change
in the policy language or terms.
5. Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII.
6. Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this Agreement prior to the start of work. The
E.
certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage.
7. Subcontractors: Consultant shall either include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor demonstrating that
subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage required by this Agreement, including but not limited to naming the City, its officials, employees, agents and volunteers as additional insureds.
8. Claims-Made Policies. Consultant shall extend any claims-made insurance policy for at least 5 years after termination orfinal payment under the Agreement, whichever is later.
Records, Reports and Audits
1. Records
a. Records sha!I be established and maintained by the
Consultant in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement.
Except as otherwise authorized, such records shall be
maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore,
records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.
b. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible.
2. Reports and Information: Upon request, the Consultant shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City.
3. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Consultant will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement.
F. Conflicts of Interest
G.
The Consultant covenants and declares that, other than this Agreement, it has no holdings or interests within the City of Emeryville, nor business holdings or agreements with any official, employee or other representative of the City. For the duration of this Agreement, in the event the Consultant or its principals, agents or employees acquire such a holding, interest or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Consultant will immediately notify the City of such holding, interest or agreement in writing.
Confidentiality
The Consultant agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.
H. Discrimination Prohibited
The Consultant covenants and agrees that in performing the services required under this Agreement, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability.
I.
J.
Licenses, Certifications and Permits
The Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Consultant by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.
Key Personnel
Michael K. Chan is necessary for the successful prosecution of the work due to his unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the project team without the consent of the City. Consultant recognizes that the composition of this team was instrumental in the City's decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant's obligations under . this Agreement and shall be grounds for termination.
K. Authority to Contract
L.
The Consultant covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.
Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Consultant ("Materials") shall be an are the property ofthe City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Consultant or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Consultant assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant
M.
agrees to execute any additional documents that may be necessary to evidence such assignment.
Living Wage
If this Agreement provides for compensation to Consultant of $25,000 or more within a single fiscal year for providing services to the City, then Consultant shall comply with the requirements of the . City's Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Consultant is a governmental entity, ( ii) this Agreement is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Agreement is subject to federal or state laws or regulations that would preclude the application of the City's laws.
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Agreement for all employees of Consultant who perform at least twenty-five percent ( 25%) of the work arising from this Agreement, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08.
Consultant shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten ( 10) working days following a written request for such documentation and information from the City.
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Consultant for back pay, reinstatement and compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney's fees and costs. In addition, the City may terminate the Agreement and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.
Consultant shall notify each of its affected employees regarding wages that are required to be paid pursuant to this Agreement. " Living Wage" means no less than $ 15.20 per hour (for firms with 56+ employees as of July 1, 2017, subject to increase annually on July 1st to reflect the twelve month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from March to February, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.
N. Prevailing Wages
To the extent the services to be provided by Consultant pursuant to this Agreement constitutes " public work" as defined in Labor Code Section 1720, Consultant shall pay and shall ensure that all subconsultants or subcontractors pay all persons providing labor to perform the work under this Agreement applicable prevailing wage rates for the work to be performed as determined in the General Prevailing Wage Determination Wage Determination") made by the Director of Industrial Relations pursuant to California Labor Code sections 1770, 1773, et. seq., and otherwise comply with all provisions of this Section IV.N. A copy of the applicable Wage Determination is on file in the offices of the City. .
Consultant is required to comply with the following provisions and to insure that all subcontracts include the following provisions. If, for some reason, these provisions are not included in subcontracts, they shall nevertheless apply:
1. 2.
3. Hours of Labor: Eight hours labor constitutes a legal day's work.
Consultant shall forfeit, as penalty, Twenty- Five Dollars ($ 25) for each worker employed in the performance of the Agreement by Consultant or by any subconsultant under him for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one (1) day and forty (40) hours in any one ( 1) calendar week in violation of the provisions of the California Labor Code and in particular sections 1810 to 1815 thereof, inclusive, except that work performed by employees of Consultant in excess of eight (8) hours per day and forty (40) hours during any one ( 1) week shall be permitted under compensation for all hours worked in excess of eight ( 8) hours per day at not less than one and one-half ( 1-1/2) times the basic rate of pay, as provided in said section 1815.
Labor Non-Discrimination: Consultant shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, gender identity, or age of such persons, except as provided in section 12940 of the Government Code.
Prevailing Wages: Consultant shall comply with California Labor Code sections 1770 to 1780, inclusive. In accordance with section 1775, Consultant shall forfeit as a penalty an amount determined by the Labor Commissioner, not to exceed Fifty Dollars ($50), for each calendar day or portion thereof for each worker paid less than stipulated prevailing wage rates for such work or craft in which such
worker is employed for any work done under the Agreement by him or by any subconsultant under him in violation of the provisions of the Labor Code, and in particular, Labor Code sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Consultant.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations and can be obtained on-line at http://www.dir.ca .gov. It is mandatory for Consultant and any subcontractor to pay not less than the specified rates to laborers and workers employed by them in the execution of this Agreement.
Consultant shall comply with the provisions enacted by AB 854 that require Consultant and any subcontractor be registered with the State Department of Industrial Relations ( DIR) pursuant to Labor Code section 1725.5. This Agreement is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section
1771.4. Consultant shall post job site notices, pursuant to Title 8 California Code of Regulations Section 16451.
Consultant shall make travel and subsistence payments to each worker needed to execute the work in · accordance with the requirements of section 1773.8.
4. Payroll Records: Consultant shall be responsible for the compliance with Labor Code section 1776 by his subconsultants.
a. Each Consultant and subconsultant shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other
employee employed by him or her in connection with the
public work.
b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Consultant on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such
employee or his or her authorized representative on
request.
ii. A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to the City, the Division of
Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of
Industrial Relations.
iii. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made;
provided, however, that a request by the public shall be made through the City, the Division of Apprenticeship
Standards, or the division of Labor Standards
Enforcement. If the requested payroll records have not
been provided pursuant to paragraph ( b ), the
requesting party shall, prior to being provided the
records, reimburse the costs of preparation by
Consultant, subconsultant and the entity through which
the request was made. The public shall not be given
access to such records at the principal office of
Consultant.
c. The certified payroll records shall be on forms provided by the division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. d. Each Consultant shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of a written request.
e. Any copy of records made available for inspection as copies and furnished upon request to the public or City, the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of Consultant shall not be marked or obliterated.
f. In the event of noncompliance with the requirement of this section, Consultant shall have ten ( 10) days in which to
5. 6.
comply subsequent to receipt of written notice specifying in what respects such Consultant must comply with this section.
Should noncompliance still be evident after such ten ( 10) day period, Consultant shall, as a penalty to the State or City, forfeit Twenty-Five Dollars ($ 25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.
The penalties specified in subdivision ( g) of Labor Code section 1776 for noncompliance with the provisions of said section 1776 may be deducted from any monies due or which may become due to Consultant.
Consultant and each subconsultant shall preserve their
payroll records for a period of three (3) years from the date of completion of the Agreement.
Apprentices: Consultant shall fully comply with the requirements of sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with section 1777.5, Consultant shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. Consultant shall require each subconsultant who will perform work or labor or render service to Consultant in or about the construction of the work to comply fully with sections 1777.5 and 17777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division ofApprenticeship Standards and its branch offices.
Workers' Compensation: Pursuant to the requirements of section 1860 of the California Labor Code, Consultant will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.
By signing this Agreement, Consultant certifies the following:
I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
7. Event of Default: Failure by Consultant to comply with any provision of this Section shall constitute a default of this Agreement and shall be grounds for termination as provided in this Agreement.
V. TERMINATION
A. The City shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date.
B. All termination notice periods triggered pursuant to written notice shall begin to run from the date of the United States Postal Service postmark.
C. Upon termination, City shall provide for payment to the Consultant for services rendered and expenses incurred prior to the termination date.
D. Upon receipt of a termination notice the Consultant shall: ( 1) promptly discontinue all services affected, unless the notice directs otherwise; and 2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Consultant in performing this Agreement, whether completed or in process, in the form specified by the City.
E. The rights and remedies of the City and the Consultant provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity.
VI. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amownt which may become due to the Consultant or successor or on any obligation u.nder the terms of this Agreement.
VII. ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter ofthis Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both parties with appropriate authorization.
VIII. SUCCESSORS AND ASSIGNS
Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties.
IX. APPLICABLE LAW AND ATTORNEY'S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of California will control. The prevailing party shall be entitled to reasonable attorney' s fees in addition to any other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Agreement shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.
X. SEVERABILITY
The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article( s) or section( s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the extent possible.
XI. BUSINESS LICENSE
Prior to commencement ofthe services to be provided hereunder, Consultant shall apply to the City of Emeryville Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.
XII. NOTICES
A. Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the work shall be exchanged between the Public Works Director or his designee for the City and Mike Chan for the Consultant.
B. Official Notices
All other notices, writings or correspondence as required by this Agreement shall be directed to the City and the Consultant, respectively, as follows:
CITY
Andrew Clough, Acting Director of Public
Works
1333 Park Avenue
Emeryville, California 94608
Phone No. (510) 596-4341
Fax No. (510) 596-4389
E-Mail aclough@emeryville. org
XIII. WAIVER OF AGREEMENT
CONSULTANT
Michael K. Chan, P.E.
Vice President
S&C Engineers
401 Grand Ave., Suite 250
Oakland, CA 94610
Phone No. (510) 272-2970
Fax No. (510) 272-2972
E-Mail mike [email protected]
The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
IN WITNESS WHEREOF the City and the Consultant have executed this Agreement, which shall become effective as of the date the City Manager executes this Agreement on behalf ofthe City.
APym'f j_:s to form: "---"-
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Michael A. Guina, City Attorney
CITY OF EMERYVILLE
Dated:_~I 0_ -__ 13~-• 201_7 O)du___/
Carolyn Lehr, City Manager
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N:\City_Attorney\Public\PSA Forms\PSA\CITY PSA Revised 072015.Docx
Exhibit A - Project Approach
Exhibit A
Project Approach
It CITY OF EMERYVILLE
If:' SC. C: lNIHflS,IIK..
Exhibit A Project Approach
ProJect Approach and ProJect Challenges
Project Understanding and Approach
This project involves the construction or
modification ofseveral elevated structures,
utility relocation and at-grade improvements.
The focal point ofthe Project is a steel tied arch
bridge with a 227 foot span over the UPRR
Right- of.:Way . The bridge will span over nine
9) UPRR tracks. The track furthest to the east
is a spur track. The next four ( 4) tracks to the
west appear to be yard siding tracks, and the
next four ( 4) tracks furthest to the west are
mainline tracks .
The other elevated structures are as follows:
West Ramp - A cast- in-place prestressed
concrete slab and precast P/S concrete voided
slab with composite cast- in-place concrete deck.
West Ramp- A reinforced concrete slab
structure located on the west side adjacent to the
existing parking structure .
West Stair -Acast-in-place prestressed
concrete slab structure located on the west side
running parallel to Temescal Creek Channel
along Ohlone Way.
East Ramp - A cast- in-place prestressed
concrete slab structure located on the eastern
side heading to the north toward Stanford Ave.
East Stair - A reinforced concrete slab structure
located on the eastern side heading to the north
toward Stanford Ave.
East Creek Bridge - A precast, prestressed
voided slab structure with 6" composite cast- inplace concrete deck over Temescal Creek Channel.
CITY OF EMERYVILLE
2 Bay Street Garage Vehicular Bridge -
Modifications to the existing truss to
accommodate pedestrian access across the
bridge to the East Stair.
Other work includes the relocation ofsanitary
sewer and storm drain lines, hazardous waste
remediation ofthe project site east ofthe UPRR
right- of -way, and the construction ofthe
Horton Landing Park.
The Engineer' s estimate for construction is on
the order of $15,400,000 . The anticipated
duration of construction is 18 months.
We understand there are many technical
challenges associated with the steel tied arch
bridge, the Caltrans type design concrete bridge
structures located in very close proximity to an
existing parking structure and the Temescal
Creek drainage channel structure, and
modifications to the existing garage existing
steel truss bridge. However, some ofthe most
challenging issues will be associated with
constructing the various structures without
significantly impacting the businesses and
residents located in the Bay Street complex, and
minimizing impacts to and interacting with the
Union Pacific Railroad. Our team has many
years ofCaltrans and UPRR experience to
identify and resolve these issues to deliver a
successful project for the City.
Project Challenges
We have reviewed the plans and the project site
and have identified the following areas where
we foresee challenges.
1. Construction of West Stair
Construction ofthe West Stair along Ohlone
Drive will involve several challenges. First, the
crane used for driving the piles for the
foundations will need to positioned on Ohlone
UC tllil llhS, lit(.
Exhibit A - Project Approach
Drive which will block access to the parking
garage for the condos to the north and the Bay
Street garage . It would be best ifthe street could
be closed for construction. However, ifthis is
not possible, this work will need to be performed
at night in order to maintain access . However,
this will result in obvious noise and vibration
issues for the residents in
the condos. It is highly
recommended that Ohlone
Drive be closed for a short
period oftime to construct
the foundations ofthe
West Stairs west ofthe
garage bridge. Ifthis is
acceptable to the
merchants in the shopping
center, a milestone with liquidated damages
could be developed to ensure that the contractor
finishes the work inthe area while minimizing
the impacts ofthis closure .
Additionally, the piles will need to be driven
very close to the footings ofthe culvert walls for
Temescal Creek which may cause damage to the
channel walls . This is also the case for the West
Ramp which is located very close to the Bay
Street garage .
The distance from the new foundations to the
existing foundations ofthe garage will have to
be verified, ifpossible, to ensure there are no
conflicts . The plans show the distance between
the face ofthe garage and the face ofthe ramp
structure to be approximately 1 '-6". The plans
don't show the distance between the foundation
ofthe new structure and the garage. There are
no dimensions shown for the existing garage
foundations or the new ramp structure.
The as-built dimensions ofthe garage
foundation should be checked with the new
ramp foundation to determine ifany conflicts or
constructability issues exist. Some shoring will
It CITY OF EMERYVILLE
If: 3
have to be installed for the installation ofthe
piles and foundations. There needs to be enough
room between the existing garage foundation
and the new foundation to install the shoring.
The provided plan sheets don't show the
capacity and depth ofthe piles. However, once
we get this information from
the Designer, we can determine
the size ofthe crane and
hammer required to install the
piles and evaluate potential
problems which may be caused
by vibrations during pile
driving. Since the soil in this
area tends to be fairly soft, the
force required to drive the piles
may be fairly minimal, and achieving the
required design capacity may rely mostly on
take-up in the cohesive soils typically
encountered in this area.
On the Cypress Freeway Replacement Project,
Mike Chan dealt with similar vibration concerns
for adjacent existing structures during driving of
the piles for the new bridge structures. We will
provide recommendations to the Designer so the
piles can be installed without causing damage to
the Temescal Creek structure and the parking
garage. We recommend that a vibration analysis
be performed by an acoustical engineer prior to
the construction contract being advertised to
determine the potential for damage to the
existing structures from pile driving.
Based on our experience on the Cypress project,
a vibration monitoring plan may need to be
required as part ofthe contract specifications to
ensure that existing structures are protected from
ground accelerations during pile driving which
may exceed the thresholds ofarchitectural and
structural damage. Ifit is determined that
vibrations from pile driving may lead to damage
to exiting structures or facilities, it may be
U.C: UIIHlll,IIC.
Exhibit A - Project Approach
possible to use a single steel pipe pile at each
bent advanced into the ground by an oscillator
rig. This would result in no vibrations.
However, we would need to discuss these issues
further with the Designer to develop an
appropriate plan ofaction to address all potential
issues with pile driving.
Access, in general, is very tight on the western
side ofthe project. There is very little room for
the large construction equipment that will be
needed to construct the structures, even if
Ohlone Drive can be closed. Cranes, pile
drivers, concrete pumps, concrete trucks, and
large semi trailers needed to deliver rebar and
rebar column cages, column forms, and
materials for falsework, will all need room. The
only room on this side for any kind of storage of
materials and equipment is on the UPRR rightof-way. Negotiations with UPRR will be needed to determine ifsome ofthe UPRR rightof-way can be used during construction.
2. Tied Arch Bridge Erection
The tied arch bridge will be very challenging to
erect. A common method ofconstructing this
type of bridge is to support the deck on
falsework until the hanger cables are tensioned,
at which time the deck loads are transferred to
the arch. However, there is
no room for falsework for
this bridge unless UPRR will
allow a couple oftheir tracks
to be placed out of service. It
may be beneficial to discuss
the potential to take some of
the tracks out of service with
the UPRR. Some ofthe
tracks on the east side appear to be siding and
spur tracks.
Ifitis not possible to construct falsework to
support the bridge deck while the arch is being
erected, the single arch design with the bridge
k. CITY OF EMERYVILLE
If: 4
deck offset to one side ofthe arch at both ends
will pose significant challenges with regard to
maintaining stability ofthe bridge during the
various erection stages. Temporary struts or
external cable supports may be required to
support the structure until itis completed. The
stresses in the various bridge components must
be carefully analyzed for all intermediate stages
ofconstruction to assure that the desired final
geometry ofthe structure is achieved and that
unaccounted for stresses are not locked into the
structure. This will require a detailed erection
plan to be developed by a qualified structural
engineering firm and independently reviewed by
the Designer. It is suggested that the
specifications establish specific qualifications
for the engineering firm to be engaged by the
contractor to prepare the engineered erection
plan. Additionally, itis suggested that any
specific type of structural analysis and specific
data to be submitted be established in the
contract documents.
3. Existing Automotive Garage Bridge
The existing automotive garage bridge may need
to be temporarily supported while the
modifications are being made to minimize
deflection ofthe structure when the existing
cross braces are removed. The existing
longitudinal members are in
tension and compression.
However, the new members
will not be in tension or
compression when they are
installed. Therefore, unless
the middle ofthe bridge is
slightly raised and
temporarily supported to
take the tension and compression loads offofthe
longitudinal members while the new members
are bolted into place, the new members will not
be engaged until the stresses in the existing
members are increased beyond their current
stress levels . This would result in additional
SI( INIIUIS, 11(.
Exhibit A - Project Approach
deflection ofthe bridge at midspan. If
temporary support ofthe bridge is required,
traffic on Ohlone Drive may be impacted. Due
to this fact, it may be desirable to require the
Contractor to perform the truss modifications
prior to construction ofthe adjacent west ramp
and stairs structures. Otherwise, th_: e:_..----~
ramp and stairs structures may
not fit the elevation ofthe
modified truss .
4. Main Span Superstructure
There is no detail on the plans
provided in the RFP showing how
the main span superstructure will connect to the
bent caps. Our experience with the SDSU
pedestrian bridge is to make sure the
specifications and plans require the contractor to
carefully set the anchor bolts at the bent caps
correctly to avoid misalignment problems.
5. Structural Steel Paint
The arch and deck truss for the tied arch bridge
will be painted structural steel. With ever
increasing restrictions on VOCs, protective
coatings have changed significantly over the
past several years, and continue to change. As
the protective coatings change, so do the proper
application measures. Today's paint systems are
highly complex and are very sensitive to surface
preparation, ambient conditions and application
methods. Failure to choose the correct paint
system for the specific application and location
and to apply protective coatings properly will
result in premature failure ofthe paint system
and significant costs to maintain and re-paint the
structures.
Based upon our extensive experience with
structural steel painting, many steel fabricators
and painting contractors do not understand, and
therefore, do not adhere to the new requirements
for proper application ofthe recently developed
paint systems.
CITY OF EMERYVILLE
5 We'll review the project specifications during
our constructability review and will make
recommendations on a paint system for the
project and will assure that the paint is applied
properly so that the premature failure ofthe
paint system is avoided .
6. Location ofBridge Staging
Area
The staging plans state the
contractor is to erect the bridge at
the staging area; however, the
plans don't show where this staging area is
located. The location ofthe staging area is
critical as the bridge must be erected at the
correct location in order for a crane to lift the
bridge into place over the UPRR tracks. At its
proposed location, the crane will not be able to
extend to reach to either pick up or set the
bridge. Therefore, we recommend that possible
locations ofthe crane as well as the bridge be
determined so at least one ofthe areas is
available to the contractor. Negotiations with
the UPRR or other private property owners may
be required to procure the areas or at least to
determine that the contractor can negotiate with
the property owners for access and use ofthese
areas. For example, the current parking south of
Temescal Creek on the east side ofthe UPRR
railroad appears to not be in use and may be
needed for a staging area to construct and erect
the bridge into place. We understand that the
City is currently discussing the use ofthis area
with the property owner.
S& ClNIIUIJ. IIK.
Exhibit A - Project Approach
7. UPRR Issues
7a. UPRR Reviews
Based on experience from our Fremont, and
Cypress projects, timely review ofvarious
submittals such as the erection plan by the
UPRR will be critical to
prevent delays to the
project. We know that the
UPRR utilizes consultants
to perform many ofthese
reviews . It is important
to include realistic time
frames in the contract
documents to account
for this process . The
documents are submitted to the UPRR
who then pass them onto their consultant for
review . Once the consultant has completed their
review, they provided their comments to the
UPRR for review before being sent back to the
City CM forces. However, sometimes, the time
between the completion ofthe consultant review
and completion ofUPRR staffs review and
forwarding back to the City can be several
weeks depending on the workload ofUPRR
structures staff. On our Fremont project, we
developed a good working relationship with the
UPRR consultant and the UPRR structures
engineer and were able to send cc copies of
submittals directly to HOR, and get HOR to
informally cc us with a copy oftheir comments
back to the UP structures . We could then
provide these informally back to the Contractor
so they could begin working on responses to the
comments. We found that this greatly help
expedite the submittal and review process . We
worked with the UPRR Bridge group in Omaha,
Nebraska.
7b. Shoring Requirements
Based on the contract plans, it appears that
shoring for the foundation excavations for bents
will be far enough away from tracks that railroad
k. CITY OF EMERYVILLE
If:' 6
shoring may not be required. However,
depending on the depth ofthe excavations for
the various foundation, the influence line may
possibly extend under the nearest track. Ifthis
occurs, then shoring must be designed to the
UPRR' s railroad E-80 loading requirements . It
is critical to determine whether this is the case
and contract specifications need to inform
7c. Flagging
the Contractor which shoring
will be required to be design in
accordance with the UPRR' s
shoring requirements . Since
the foundations are all outside
ofthe UPRR right- of-way, one
may easily assume that shoring
doesn 't have to be designed in
accordance with railroad loading
requirements.
Flagging will be required for all activities that
may have the potential to foul the tracks . This
includes the pile driving on both sides ofthe
UPRR right- of-way depending the height ofthe
pile driving rig and distance to the nearest active
track. Based on previous experience, delays due
to a lack ofrailroad flagman is very possible.
Depending on the availability ofUPRR Flagging
resources, it may be required to request flagman
a minimum of 2 to 3 weeks prior to needing
flagging. Therefore, it is critical that discussions
with UPRR be held as to a realistic minimum
time frame for requesting flagman, which can
outlined in the contract specifications.
7d. Existing Utilities within UPRR Right-ofWay
There are several fiber optics and fuel product
lines located within the UPRR right- of-way.
Based on experience from Fremont, Kinder
Morgan, the fuel product line company, requires
that any excavation or placement ofexcessive
loads such as a crane within 50 feet oftheir
facility requires prior notification ofKinder
Sl,CINIIUIS,IIC.
Exhibit A - Project Approach
Morgan . The various fiber optic companies
located within the UPRR right- of-way ( QWEST,
Verizon Wireless ( MCI), Sprint, Level3) all
require notification whenever any excavation or
placement ofexcess loads on
or near their facilities. This
normally is in the form ofthe
USA notifications.
Depending on the operation,
they may or may not require
that their inspector be present.
They may require certain
protection requirements
depending on the operations .
It is critical that the various
possible activities within close proximity oftheir
facilities be discussed with them ahead oftime
and any special requirements be addressed in the
contract specifications .
We've noticed that Kinder Morgan and fiber
optic facilities are located close to the UPRR
fence on the west side . The excavation ofthe
foundation for the main bridge on this side will
be close to these lines. At a minimum, the
utilities will have to be notified ofany planned
excavation and loading over their facilities.
8. Proposed Staged Construction Sequence
for Main Bridge
Note 1 states that the construction sequence is
included for information purposes only, not
intended to be the complete step by step
procedure, which is not a contract enforceable
requirement. Though we want to avoid giving
the Contractor too much detailed instruction for
bridge erection, we should consider providing
minimum criteria in the contract specifications
to ensure that any requirements the City,
designer, and UPRR may have for the erection
ofthe Main Bridge are conveyed to the
Contractor and included in the contract. For
instance, the contractor will have only a small
window oftime to erect the partially-constructed
k. CITY OF EMERYVILLE
If: 7
arch over the railroad yard, requiring careful
planning and coordination with UPRR
Operations . Ifthe construction sequence is only
for information only and we do not provide any
minimum criteria or requirements to the
contractor for developing their construction
sequence plan, then contractually we do not
have recourse to possibly reject a plan that we
may find unsatisfactory unless there is a valid
engineering reason .
Some suggested minimum criteria the
construction erection sequence may need to
address include:
The timing ofeach operation during the
sequenced erection along with a contingency
plan to address delays and interruptions
The positioning ofall equipment during each
erection sequence
The temporary support and bracing
requirements for maintaining the stability of
the bridge
The need for temporary platforms and
falsework
Temporary attachments required for
positioning and erecting the arch
Methods for aligning the arch horizontally
and vertically in its final position
Methods for analyzing the suspen'sion cables
for deflections and tension during each
sequence of erection
Methods for analyzing the arch and floor
system axial loads, moments, stresses,
deflections and cambers for each sequence of
erection
As a result ofthe restricted time frame for the
arch erection the Contractor' s work plan will
need to identify anticipated durations for each
step in the erection process .
9. Utilities Relocation
We understand that certain existing utilities
sewer and storm drain facilities) are to be
U.C INIIU-S, If<.
Exhibit A - Project Approach
relocated as part ofthe project. Based on
experience with the relocation ofnumerous
utilities, early communication with the utilities
involved is critical to ensuring that all
requirements are included in the contract
specifications . Our experience is that
negotiation of any required relocation agreement
with utilities can be lengthy. This is especially
the case with fiber optic companies and Kinder
Morgan. All utility companies have their own
processes and take time.
10. Hazardous Materials
Remediation or removal of hazardous mater ials
will occur during the construction. This will
mainly be with dealing with the disposal ofany
material excavated from the various foundations .
During the Cypress project, and the 1-80 HOV
Flyover project, we encountered hazardous
material in our excavations . We know that this
area in the past was a very industrious area being
the home offormer paint and steel plants.
11. Welding Issues
Tubular steel welding is specified under AWS
Dl.5 . However, Dl.5 Bridge welding code does
not explicitly cover tube steel welding. This may
require significant effort on the Contractor' s part
and add significant cost, as the joints may
become non- standard. AVS team has extensive
experience dealing with similar issues and we
have provided realistic and effective
recommendations to deal with similar situations
on other projects. AVS team has played key role
in development on Caltrans welding
specification and we can custom develop a spec
with the AWS D1.1 and D1.5 to cost effectively
address the project needs.
12. Minimizing Impacts to Businesses and
Residents
We understand that one ofthe challenges will be
access on the west side ofthe project. Should
Ohlone Drive be closed to allow for construction
CITY OF EMERYVILLE
8 ofthe west stair structure, access to both parking
garages will be limited. Closures can be limited
to night time hours to minimize impacts to
businesses. However, construction pile driving
at night would significantly impact residents. In
order to minimize impacts to both residents and
businesses, a closure period must be developed
to allow construction to proceed while
minimizing impacts to both businesses and
residents . As there are alternate entrances and
exists for the garages, closure ofthe road for a
short period oftime can be determined to allow
construction to occur. Obviously, this closure
period cannot be during the critical holiday
shopping time ofthe year. An interim milestone
with liquidated damages can be developed to
ensure the contractor finishes the work as
quickly as possible. We helped developed
similar specifications on our Fremont project to
minimize impacts to the Irvington Business
District and residents. Major roadway closures
required during various stages were not allowed
to occur during the holiday season between
Thanksgiving and New Years. Major road
closures had set time frames when they had to be
completed with liquidated damages .
13. Jobsite Safety
The Contractor is responsible for jobsite safety.
UC [ Hlllftl, IK
Revblon DIie • Sept. 1l, l017 CITY of EMERYVILLE - CM SERVICES FOR SOUTH BAYFRONT PEDESTRIAN BICYCLE BRIDGE PROJECT ReYli.lon ll
S&C Engineers ' Schedule & Cost Proposal
017 I I ]
Ola I ] 01, ,..,
I I I I I I I I I I I I I I I I I I - • IW •- •
I I ·-I
017 l01a ] 01'
4th0tr ltt Otr lndQtr lrdQtr 4thQtr lttOtr lndQtr lrd Qtr Hours by Month "" -~ DK "" "' "'' 1,1 '"" "' Oct Nov OK Ftb Mu Altt Mly '"' "' Position
Prlnclpal-ln-ct\lr11!M,k1 Ch1n) . . . . . . . . . . . . . . . . .
RE/~ truc! Ur11 A1pr.! Thom loomh) " " " " " 200 160 160 160 100 160 160 200 60 200 60 160 200 160 160 160 200 160 100 Am. RE " " 20 20 20 200 160 160 160 200 160 160 200 160 200 160 160 200 160 160 160 200 160 100 OE& Fltld ln1pectfon 200 160 160 160 200 160 160 200 160 200 160 160 200 160 160 160 200 ] 60 200 Conitn1C11bllltySuppor1 " "
S< htduler " 20 . . . . . .
Toul h llma ttdHounbvMont h 128 128 68 68 68 "' '°' ... ... 508 ... ... 608 488 608 ... ... 608 ... 488 488 608 488 '°' TotalHn 8yQ~r1u 324 280 "'° "" "'" 1584 "" 1500
tlrt propotl?d above astume the following: 18 monthsofconsttucllo n per AFP. Ad...erl!se -°"'· W17 for 60 days, Bid opening In tlleJan. 2018, and Awn d • Feb. 2018. NTP In 2/J0/ 18. Begin Conm ucllon March 201 8 . ind tomplete by end of Augustr or 201 9. Thb ti me frame doesn' t Incl ude a ny extensions for wuther Impacts or construction dela'( 1. Assume l months to close out project. Act ual hou rs and costwlllbe dependrntontheactual construc llon scheduleas determ lnedbytheconstr1iclioncontr1ctor.
Hri are also based on contra< tor working normal 8 hou r work shi fts Hrs for schtduler are for review ofinltlal basellne conitructlon 1,1;hedule for project submitted by the contractor and monthly updates Hri do not lntlude construction claim suppon for claims filed by COn1ractors alter Mcept.ince of contraCl .
HA do not Include time exte nsions due to CC O' s, Wuth er Im pacts, Right of Way delays or other delays.
I
lOlO
I I I I
lOlO
4thQtr lstOtr
Ocl Nov OK '" f.ti Mar Total
I "
80 100 lSOO
80 100 3540
160 00 lS80
80 0
320 300 0 0 0 0 ! 09' 0
620 0 10940
The above estimatedoe,n'l Include any OThrs. However, should OThours be rt-quired due to contrutor's 5thl!dule, non•l!lempt employees are subject to OTregylat!ons (Time and half & doub!e time}. Premium portion will be 1ddl!d to straight time billlng rate.
The above cost propoul has no costs for RE office , sIt assumes that the contract speclflc1tlons wl ll require the contra ctor 10 provi de I construction 1raller fo r the RE as pan of the construction bid.
R1tes 1re based on the foll owing:
OH• ll2. 52"
fee• 10%
Annual8illingrateesc11atlon- S"
5and CEng1neers,lnc.
Hours
2017 ] 018
12D 1740
100 1800
0 1760
80 0
0 ,,
0 0 ,,. "" ,,. , .. ,
2019 2011 I 2018 2019
n l$2$4 .4& is1&1. 1AI $ 2110 . s.,
I.
16' 0
1820
ll1ll
ll.L.n
148. 60
l?.§.2!
227. 8'
llUl
229. 13
lll.i!
illJ.!
Q
11. 2017
26066.40
21 789. 00
17457. 60
20 18 2019
14962. 25 1$ 8977. 35
96 860.94
410 20 2.00
274612.801 ?
I..12222. •
i
392755.48
392 426.§ 8
298 173. H
5168 "
si'6s
72.420.04 IS 1,113,747.78 IS 1,099.3~ ?.&!
S&C CMC011:o S 2,285,530.45
Alt. a Vina SotuUon1 (QA J • $ 170,000.00
J" M1rlup on Sub<onwltanu $ 8,100.00
ooc·s • s s,000.00
Total CM Cost • S 2,5 61, 630. 45
9/27/2017
Exhibit B
Rates
Exhibit B -Schedule of Rates
S&C Engineers, Inc.
Loaded Hourly Rates
Personnel 2017 2018 2019
Michael Chan $ 254.46 $ 267.18 $ 280.54
Tom Loomis $ 217.22 $ 228.08 $ 239.49
Andy Kleiber $ 218.22 $ 229.13 $ 240.59
Assistant RE $ 227.89 $ 227.89 $ 239.28
Scheduler $ 177.12 $ 185 .98 $ 195.27
Office Engineer/Inspector $ 148.60 $ 156.03 $ 163.83
Inspector $ 148. 60 $ 156.03 $ 163.83
Inspector OT @ 1.5XST $ 222.90 $ 234.05 245.747
Other Direct Costs
Description Unit Unit Cost
Postage, outside reproduction, etc Actual Actual
Alta Vista Solutions
COST PROPOSAL
NORMAL
OVERTIME
BILLING INFORMATION
Name/Classification
Frank Cannizzaro, PE
Project Manager
Exempt
Chris McDermitt
Deputy Project Manager/ Structure Material Repres entative Exempt
As sistant Material Reprers entative/ Project Engineer
Exempt
NDT Level Ill Techn ician
Field Support
Exempt
Steel Inspector
CWI, NDT Level II)
Non -Exempt
Paint Insp e ctor
NACE Level II)
Non - Exempt
Roadway Materials In spector
CTM/ASSHTO Certified)
Non -Exempt
Techn ical Expert
Co ncre te/Steel/ Coatings)
Exempt
Fringe Benefit%
0.00% +
0%
Loaded Hourly Billing Rates
Straight Overtime
201. 48 N/A
201. 48 N/A
211. 56 N/A
222. 14 N/A
145. 81 N/A
145. 81 N/A
153. 10 N/A
160. 76 N/A
119. 30 N/A
119.30 N/A
125. 26 N/A
131. 53 N/A
172. 32 N/A
172. 32 N/A
180.94 N/A
189. 99 N/A
137. 86 N/A
137.86 N/A
144. 75 N/A
151. 99 N/A
148. 46 N/A
148. 46 N/A
155. 89 N/A
163. 68 N/A
124. 60 N/A
124. 60 N/A
130. 83 N/A
137.37
251. 86 N/A
251. 86 N/A
251. 86 N/A
251. 86 N/A
Overhead%
0.00% +
N/A
FEE%
10%
South Bayfront Pedestrian Bicycle Facility
Sub-Consultant:
October 2, 2017
General Administration% Combined%
0.00% = 141. 01%
N/A N/A
CALCULATION INFORMATION
Effective Date of Hourly % Escalation
Actual Hourly
Hourly Range
Rate Increase
Rate and / or for Class
Hourly Rate
From To
7/1/2017 12/ 31/ 2017 N/A $ 76.00 N/A
1/1/2018 12/31/2018 S.00% $ 76.00
1/1/2019 12/ 31/ 2019 5.00% $ 79. 80
1/1/2020 12/31/2020 5.00% $ 83.79
7/1/2017 12/31/2017 N/A $ 55.00 N/A
1/1/2018 12/31/2018 5.00% $ 55.00
1/1/2019 12/31/ 2019 5.00% $ 57.75
1/1/2020 12/ 31/ 2020 5.00% $ 60.64
7/1/2017 12/ 31/ 2017 N/A $ 45 .00 N/A
1/1/2018 12/ 31/ 2018 5.00% $ 45 .00
1/1/2019 12/ 31/ 2019 5.00% $ 47.25
1/1/2020 12/ 31/ 2020 5.00% $ 49. 61
7/1/2017 12/ 31/ 2017 N/A $ 65 .00 N/A
1/1/2018 12/ 31/ 2018 5.00% $ 65 .00
1/1/2019 12/ 31/ 2019 5.00% $ 68. 25
1/1/2020 12/ 31/ 2020 5.00% $ 71. 66
10/ 1/ 2017 12/ 31/ 2017 N/A $ 52. 00 N/A
1/1/2018 12/ 31/ 2018 5.00% $ 52.00
1/1/2019 12/ 31/ 2019 5.00% $ 54. 60
1/1/2020 12/ 31/ 2020 5.00% $ 57.33
10/ 1/2017 12/31/2017 N/A $ 56.00 N/A
1/1/2018 12/31/2018 5.00% $ 56.00
1/1/2019 12/ 31/ 2019 5.00% $ 58. 80
1/1/2020 12/31/2020 5.00% $ 61.74
10/ 1/2017 12/ 31/ 2017 N/A $ 47.00 N/A
1/1/2018 12/ 31/ 2018 5.00% $ 47. 00
1/1/2019 12/31/2019 5.00% $ 49 .35
1/1/2020 12/ 31/ 2020 5.00% $ 51. 82
10/ 1/2017 12/31/ 2017 N/A $ 95 .00 N/A
1/1/2018 12/31/2018 N/A $ 95.00
1/1/2019 12/31/ 2019 N/A $ 95 .00
1/1/2020 12/31/2020 N/A $ 95 .00
Alta Vista Solutions
COST PROPOSAL
NORMAL
OVERTIME
Fringe Benefit%
0.00%
0%
Overhead%
0.00%
N/A
FEE%
10%
South Bayfront Pedestrian Bicycle Facility
Sub-Consultant:
October 2, 2017
General Administration % Combined%
0.00% = 141.01%
N/A N/A
BILLING INFORMATION CALCULATION INFORMATION
Effective Date of Hourly % Escalation
Actual Hourly
Hourly Range
Name/ Classification Loaded Hourly Billing Rates
Rate Increase
Rate and / or
for Class
Hourly Rate
Straight I Overtime From I To
1. Contract Manager's pre-approval is required for any addition ofstaff not listed on the cost proposal. The billing rates for these employees, including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rate on 10/02/2017. Future escalations, ifany, will be calculated and reimbursed in accordance with the percentage escalations agreed to in this cost proposal.
2. Hourly rates for new employees hired after the date of this cost proposal will not exceed ( or shall be in line with) the rates of similar personnel listed on this cost proposal having similar experience .
3. No charge for all in-house accounting and administrative support work, including invoice preparation.
Alta Vista Solutions
COST PROPOSAL
South Bayfront Pedestrian Bicycle Propject
SubConsultant:
October 2, 2017
SCHEDULE OF OTHER DIRECT COST ITEMS
Company Name
DESCRIPTION OF ITEMS UNIT COST DESCRIPTION OF ITEMS UNIT COST Special Tooling F. Specialiazed Equipment
A. In house Reproduction i. Equipment Rental Each Note4 i. 8.5 X 11 B/W Page N/A ii. Field Supplies Each Note4
ii. 8.Sxll Color Page N/A iii. Consumables Each Note4
iii. llx17 B/W Page N/A iv. Vendor Services Each Note4
iv. 11x17 Color Page N/A v. Weather Monitoring Services Each Note4 B. Outside Reproduction Each Note4 vi. Nuclear Gage N/A C. Vehicle Expense Travel Expenses
i.Rental Vehicle Each Note 5 A. Airfare Each Note 5
ii. Company Vehicle Day N/A B. Lodging Each Note 5
D. Delivery Services C. Meals and Incidentals Each Note 5 i. Overnight Services Each Note 4 D. Transportation Expenses Each Note 5 ii. Courier Services Each Note4 E. Business Expenses Each Note 5 E. Communications N/A F. Fuel for Rental Vehicles Each Note 5 i. Broadband Service for field staff (Max
65 per month) Each N/A G. Personal Vehicle Mile Note 5
IMPORTANT NOTES:
1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations .
2. Proposed should be consistently billed directly to all clients ( commercial entities, Federal Government, State Government, and Local Government Agencies), and not just when the client will pay for them as a direct cost .
3. Items, when incurred for the same purpose in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items, such as special tooling, will be reimbursed at actual cost with supporting documentation ( invoice).
5. Travel- related costs should be pre-approved by the contract manager, and are reimbursed in accordance to Caltrans Travel and Expense Claims Guidelines for Consultants .
6. If an item needs to be listed here as " tools of the trade," that is part of indirect cost and not applicable as a direct cost, note as Not Applicable ( NA). 111--~[p)[p)[lJ~[Q) [ MJ~l]~~D~[l~ ~[ NJ@D[ Nl~~~D[NJ@D D[NJ©o # 9I I 1.-- 980 41st Street Tel: ( 510) 420-8190
Oakland, CA 94608 FAX: ( 510) 420-8186
e-mail: [email protected]
2017 FEE SCHEDULE
Service or Test
FIELD SAMPLING, TESTING & INSPECTION*
Field Inspector: Concrete Sampling, Testing, Placement or Batch Plant Inspection Field Inspector: Mortar or Grout Sampling, Placement or Batch Plant Inspection Field Inspector: Shotcrete Placement or Batch Plant Inspection Field Inspector: Soil Sampling or Compaction Inspection Field Inspector: Asphalt Concrete Testing, Placement or Batch Plant Inspection Field Inspector: Asphalt Concrete Coring- 2 men crew
Project Manager or Professional Engineer
Administrative Staff
LABORATORY TESTING
CONCRETE
Unit Rate
Concrete Compression Tests
Shrinkage Test
Shotcrete Compression Tests
Shotcrete Panel Coring at our Laboratory- 4 cores
Grout Compression Test- 4"x4"x8" prism specimens
Mortar Compression Test- 2"x4" cylinder specimens
CMU Masonry Prism
Hold Specimens
SOIL
Compaction Curve or California Impact
Sieve Analysis
Rock Correction
Soil Classification
R-Value
Atterberg Limits
Sand Equivalent
AGGREGATE
Sieve Analysis
Durability Index
Cleanness Value
Moisture Content
Crushed Particle
LA Rattler
Percent of Crushed Particles
Flat & Elongated Particles
65 each
250 each
55 each
55 each
45 each
45 each
250 each
Free
350 each
240 each
150 each
390 each
400 each
275 each
130 each
240 each
255 each
215 each
55 each
195 each
850 each
250 each
250 each
Hourly Rate
105 hr
105 hr
105 hr
105 hr
105 hr
196 hr
175 hr
65 hr
A111--~~~[ lJ~[Q) [ M]~,r~~O~[L© ~[ N]@O[N]~~~O[N]@o O[N]©o ~ III= 980 41st Street Tel: ( 510) 420-8190 Oakland, CA 94608 FAX: ( 510) 420-8186
Service or Test
ASPHALT CONCRETE
Stabilometer Value, field sample
Theoretical Maximum Density
Bitumen Content
Oven Calibration - One Mix
Sieve Analysis on Extracted Sampled
Air Voids
Maximum Density
Bulk Specific Gravity
Moisture Content
Hamburg Wheel Tracker
Superpave Gyratory Compaction
Tensile Strength Ratio
AR Binder Viscosity
HMA Startup Tests or Verification
HMA Production Tests
OTHER
Travel Time
Pickup
Minimum Charge per Call-out
Mileage
2017 FEE SCHEDULE
continued)
Work over 8 hours per day, or on Saturday, per hour
Work on Sundays & Holidays, per hour
Night Work, per hour
NOTES
e-mail: info@appmateng. com
Unit Rate
450 each
215 each
220 each
350 each
250 each
65 each
490 each
95 each
65 each
1500 each
250 each
1200 each
250 each
7500 each
1500 each
Portal-to-Portal
No Charge
4 hours
0.60 mile
Time & One Half
Double Time
Regular Time + 15%
Allofthefield & laboratory testing in above schedule to beperformed by Ca/trans certified materials testers andper Ca/trans QAP.
AME Ca/trans certified laboratory ID #79
Hourly rate yearly escalation: 3%
BSK Associates - 2017 Schedule of Fees ( Lab Testing Only)
MATERIALS LABORATORY TESTS
SOILS
Moisture Density Curves California Bearing Ratio ( CBR) Standard Proctor, 4" (ASTM/AASHTO) $ 215.00 CBR at 100% (ASTM D1883 or AASHTO T-180) $ 465.00 Modified Proctor, 4" Mold {ASTM/AASHTO) $ 215.00 CBR at 95% (ASTM D1883 or AASHTO T-180) $ 905.00 Modified Proctor, 6" mold (ASTM D1557) $ 230.00
Caltrans Maximum Wet Density {CT 216) $ 195.00 Permeability Tests Check Point $ 125.00 Rigid Wall Permeability ( ASTM D2434) $ 260.00 Flexible Wall Permeability (ASTM D5084) $ 400.00
Particle Size Analysis Remolded Flexwall Perm (ASTM DS084) $ 510.00 Sieve Analysis w/ Wash (ASTM D422) $ 155.00
Minus #200 Wash, Soil (ASTM D1140) $ 75.00 Soil Corrasivity Tests Hydrometer Analysis (ASTM D422) $ 205.00 Minimum Resistivity of Soils (CT 643) $ 130.00 Double Hydrometer (ASTM D4221) $ 285.00 pH $ 60. 00
Specific Gravity of Soil (ASTM D854) $ 145.00 Soluble Sulfate, Chloride and Sulfide $ 120.00 Visual Classification ( ASTM D2488) $ 40.00 Oxidation Reduction ofSoil $ SO .DO Sand Equivalent (ASTM D2419) $ 115.00
Organics in Soil (ASTM D2974) $ 125.00 Soil Cement Tests Freeze Thaw Abrasion (ASTM D560) $ 570.00
Atterberg Limits Wetting-Drying Abrasion (ASTM DSS9) $ 545.00 Plasticity Index (ASTM D4318) $ 200.00 Preparation of Freeze-Thaw orWetting-Drying Tests $ 685 .00 Shrinkage limits ofSoils (ASTM D427) $ 185.00 Soil Cement Compression (ASTM D1633) $ 220.00 Cement ContentSoil Cement (ASTM C1084) $ 220.00
Moisture Density Test
Tube Density $ 45.00 Other
Moisture Content ofSoils (ASTM D2216) $ 40.00 Sample Preparation $ 60.00 Crumb Test Disperstion (ASTM D6572) $ 70.00
Swell Tests Pinhole Dispersion Test (ASTM) $ 230.00
Expansion Index ofSoils (UBC No. 29) $ 215 .00 Sand Density Calibration (ASTM D1566) $ 70.00 Shear Tests GALVANIZED COATINGS
Direct Shear, Undisturbed (ASTM D3080) $ 200.00 Wt. of Galvanized Coating (ASTM A 90) $ 90.00 DirectShear, Remolded (ASTM D3080) $ 235.00
Triaxial Compression Testing QUOTE WOOD PRODUCTS
Lumber
Consolidation Tests Specific Gravity and Shrinkage ( ASTM D143) $ 105.00 Consolidation (ASTM D2435) $ 380.00 Moisture Content, Oven Dry (ASTM D2016, Method A) $ 45.00 Consolidation, Extra Points (ASTM D2435) $ 50.00 Moisture Content, Meter (ASTM D2016, Method B) $ 30.00 Collapse Potential ofSoils (ASTM D2435) $ 185.00
Remolded Consolidation (ASTM D2435) $ 325.00 Plywood
One-Dimen Swell ofSoil (ASTM D4546) $ 120.00 Plywood Glue Shear Test (ASTM D805) QUOTE Moisture Absorption of Plywood (ASTM D805) $ 70.00
Unconfined Compression
Unconfined Compression ( ASTM D2166) $ 120.00 Glue- Laminated Timbers Finger Joint Tension Test (AITC Test 106) $ 50.00
R" Value Determination Bending Test for End Joints (AITC Test 105) $ 50.00 R-Value of Soils (CT 301) $ 360 .00 Adhesive Spread Measurment (AITC Test 102) $ 50.00 R-Value ofTreated Materials (CT 301)) $ 400.00 Moisture Content and Specific Gravity (AITC Test 111) $ 70.00
BSK Associates - 2017 Schedule of Fees ( Lab Testing Only) MATERIALS lABORA TORY TESTS
AGGREGATES CONCRETE
Sieve Analysis Coarse or Fine (ASTM C136) $ 75.00 Cement Content Concrete (ASTM C1084) $ 345.00 Sieve Analysis w/ Fineness Modulus $ 80.00 Chemical Test (ASTM ClSO) QUOTE Minus 200 Wash, Aggregates ( ASTM C117) $ 75.00 Set Times Cement-Vicat Needle (ASTM C191) $ 285.00 Specific Gravity/Absorption (ASTM C127) $ 145.00 Specific Gravity of Hydraulic Cement (ASTM C191) $ 140.00 Specific Gravity/Absorption (ASTM C128) $ 145.00 Lineal Shrinkage Set of 3 (ASTM C157) $ 360.00 Organic Impurities (ASTM C40) $ 75 .00 Compression Test of Concrete - 1 (ASTM C39) $ 30.00 Lumps/Friable Particles (ASTM C142) $ 75.00 Compression Test ofConcrete - 4 (ASTM C39) $ 125.00 Flat and Elongated ( ASTM D4791) $ 115.00 Compression Test of Core (ASTM C42) $ 55.00 Moisture Content (ASTM D2216) $ 40 .00 Preparation ofSpecimens, Sawing $ 60.00 Aggregate Wt., pcf Compacted (ASTM C29) $ 70 .00 Compressive Strength ofShotcrete Panel $ 290 .00 Aggregate Wt., pcf Loose (ASTM C29) $ 60.00 Proportion of Cement in Concrete ( ASTM CBS) $ 335.00 Abrasion by LA Rattler, Small Size (ASTM C131) $ 215.00 Flexural Test Per Seam (ASTM C78) $ 80.00 Abrasion by LA Rattler, Large Size (ASTM C131) $ 260.00 Splitting Tensile Strength ofConcrete (ASTM C496) $ 80.00 Sodium SulfateSoundness, Per Sieve (ASTM CBS) $ 100.00 Unit Weight Lt WtConcrete (ASTM C567) $ 50.00 Sodium Sulfate Soundness, Min. Charge (ASTM CBS) $ 320.00 " AZ" Test-Reinforced Concrete Pipe "Life Factor" $ 70.00 Relative MortarStrength ofSand (ASTM C87) $ 390.00 9 Pt Core Measurements, Each (ASTM C174) $ 30.00 Sand Equivalent (ASTM D2419 OR CT 217- 1) $ 115.00 Compressive Strength of Gunite $ 55 .00 Durability Index (CT 229) $ 230.00 Concrete Trial Batches QUOTE Potential Reactivity of Aggregates QUOTE Unit Weight & Abs Concrete (ASTM D642) $ 115 .00 Cleanness Value of Aggregate ( CT 227) $ 165.00 Accelerated Curing ofConcrete (ASTM C684) $ 230.00 Hydrometer (ASTM D422 OR CT 205-E) $ 205.00 Cylinder Molds (each) $ 6.00 Crushed particles (CT 205) $ 150.00 Storage ofConcrete Cylinders for more than 45 Days $ 55.00 Lightweight Pieces (ASTM 123) $ 200.00 RH Probe $ 55.00 Calcium Chloride Kit $ 35.00
HOT MIXASPHALT Mixing Water (pH, elec. conductance, chloride, sulfate) $ 90 .00 Mix Design, HVEEM $ 2,830.00 Contact Soil (pH, elec. conductance, chloride, sulfate) $ 110.00 Mix Design, Marshall $ 3,350.00
AC Content by Centrifuge (ASTM D2172) $ 260.00 MASONRY
AC Ash Correction (ASTM D2172) $ 260.00 Concrete Masonry Units Testing ( ASTM C90} AC Content-Ignition ASTM D6307 or CT382 $ 205.00 Compression Test Pavers, Single $ 70.00 Moisture Content ofAsphalt (CT 370) $ 60.00 Compression Test Com posit CMU Prism $ 150.00 Gradation/Extraction Aggregate (ASTM D5444) $ 125.00 Specific Gravity and Unit Weight $ 105.00 Film Stripping $ 80.00 Moisture Content $ 50.00
Compaction/Preparation ofHMA Briquette (CT 304) $ 200.00 Compression Test, Masonry Units (ASTM C140) $ 95.00 Stabilometer Value (CT 366) $ 160.00 Absorption/ Moisture Content (ASTM C140) $ 95.00 AC Core Specific Gravity (ASTM D2726) $ 50.00 Linear Shrinkage (ASTM C426) $ 375.00 AC Max Density Rice Method (ASTM D2041) $ 230.00 Masonry Core Shear Test (Title 24) $ 100.00 Moisture VaporSusceptibility (CT 307) $ 185.00 Masonry Core Compression/ShearTest (Title 24) $ 170.00 AC Surface Abrasion ( CT 360) $ 455.00 Compression Test Brick, Each ( ASTM C67) $ 70.00 Index Retained Strength (ASTM D1074-D1075) $ 410.00 Absorption/ Unit Wt. of Brick (ASTM C67) $ 70.00 AC Hveem Maximum Density (CT 375) $ 410.00 Compression Test Grout (Set of 3 or 4) $ 110.00 Marshall Stability and Flow (ASTM D6927) $ 230.00 Compression Test Mortar (Set of 3 or 4) $ 105.00 Calculated AC Maximum Density (CT 367) $ 90.00
Marshall Maximum Density, 50 Blows (ASTM D6926) $ 265.00 WELDING AND STRUCTURAL STEEL Examination ofAC Cores $ 30.00 Welder Qualification Testing Thickness Determination of AC Cores $ 20.00 Welder/ Procedure Welder Qualification Testing QUOTE AC Tensile-Strength Premixed ASTM D4867 $ 590.00 Face Bend ofSteel $ 55 .00 AC Tensile-Strength Lab Mixed ASTM D4867 $ 695.00 Root Bend ofWeld Coupon $ 55.00 Side Bend ofWeld Coupon $ 55.00
REINFORCING STEEL Tensile Test of Steel Coupon $ 75.00
Tensile & Bend of Rebar, #3 -# 8 $ 135.00 Bend Test ofSteel Coupon $ 65 .00 Tensile & Bend of Rebar, #9 -# 11 $ 135.00 Machining Charges (Per Coupon) QUOTE Bend Test of Rebar $ 50.00 Brinell Hardness ofSteel (ASTM HO) $ 90.00 Slip and Tensile Rebar Couplers (CT 670) $ 195.00 Rockwell Hardness ofSteel (ASTM E18) $ 90.00 Tension Test ofWelded Wire Fabric QUOTE Bolt Ultimate Load $ 130.00 Bend Test ofWelded Wire Fabric QUOTE Bolt Hardness ( set of 3) $ 90.00 Weld Shear Test, Welded Wire Fabric QUOTE Nut Hardness (set of3) $ 90.00 PT Cable Tensile and Elongation (ASTM A416 or A421) $ 260.00 Washer Hardness ( set of 3 $ 90 .00 PT Cable Preparation QUOTE Proof Loading, bolt or nut $ 130.00
CALIBRATION FIREPROOFING
Torque Wrench $ 160.00 Cohesion/Adhesion Fireproofing Materials $ 115.00 Hydraulic Jack $ 150.00 Dry Density Fireproofing (ASTM EGOS) $ 85.00