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HomeMy WebLinkAboutPW Large Trash Capture Design Services; BKF EngineersAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND BKF ENGINEERS FOR LARGE TRASH CAPTURE DESIGN SERVICES This Agreement is made and entered into as of AU g 22, 2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and BKF ENGINEERS, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exliii)it A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated July 29, 2024 ("Proposal") set forth in I : x h i b i t A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A. for a total amount not to exceed Rev 08 22 $421,300. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on March 1, 2027. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Adeel Shaikh is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Roger Chung is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. voszz 2 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, 08.22 CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH AI.I. LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third parry, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. v 08 22 4 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To CITY's Project Manager: Adeel Shaikh, Junior Engineer 111 Morphew Street San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Roger Chung 255 Shoreline Drive, Ste 200 Redwood City, CA, 94065 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, v 08 22 agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing parry in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. [Signatures are on the following page.] 08.22 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: e_� Cristine Alilovich (Aug 22, 2024 19:01 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney bbekt T Urrtsiii Robert F. Epstein (Aug 21, ft2415:12 f By: ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk Brenna Nurmi (for) Brenna Nurmi (for) (Aug 26, 2024 09:37 PDT) LINDSAY LARA, City Clerk 08.22 8 CONSULTANT: ,7aloh lCinhwaim Jason Kirchmann (Aug 15, 202408:43 PDT) By: BKF Engineers Name: Jason Kirchmann Title: Vice President [If CONSULTANT is a corporation, add signature of second corporate officer] By: BKF Name: Jean Chen Title: CFO EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev. 08.22 A-1 BI Exhibit A SCOPE -OF -SERVICES DESIGN OF LARGE TRASH CAPTURE DEVICES CITY OF SAN RAFAEL CITY FILE NO. 08.02.292 Task 1 Project Management (SR-108/SR-110) BKF and its team members will provide project management services throughout the design phase of the project. These services will include preparing agendas for meetings, attending meetings (in person or virtual), preparing meeting minutes, participating in voice and e-mail communications to facility Project progress, and exchanging information between the project stakeholders. It is anticipated that a kick-off meeting and 3 progress meetings. Additional meetings may take place to communicate critical issues as they become known. This task will also include the preparation and maintenance of a project schedule. The schedule will be updated monthly and included with monthly invoices submitted to the City. This task will also include the implementation of BKF's QA/QC process. The process will budget time in advance of submittal deadlines for an independent value -engineering review of the submittal documents. The independent review will ensure that issues regarding quality, constructability, and values are identified and addressed prior to the milestone submittals to the City and enhance project delivery performance in scope, schedule and budget. DELIVERABLES: Project schedules and updates Meeting agendas and minutes for all design and coordination meetings Task 2 Preliminary Engineering Task 2.1 Utility Locating (SR-110) BKF will identify public and private utilities within the project limits. BKF will prepare Utility 'A' Letters requesting record mapping, block maps, inspection reports from previous construction (installation/repair), and any prior rights they may have for their existing facilities. These letters will be formatted to be printed on City letterhead. Once responses are received from the utility agencies, their existing facilities will be documented in CADD to be used as part of the project base mapping. Utility 'B' Letters will then be prepared and delivered to utilities agencies for their confirmation of the accuracy of their facilities depicted on the plans. BKF will develop, update, and maintain a comprehensive inventory within the project limits, and the ultimate disposition of these utilities (protect -in -place, adjust, relocate, or remove/abandon). BKF will track the correspondences from the agencies in a Utility Response Matrix. Task 2.2Topographic Surveying and Boundary Research (SR-108/SR-110/SR-129/SR-002) BKF will research, compile and review existing survey control and mapping data from the City and County sources including Tract Maps, Records of Survey, Parcel Maps, and Right of Way maps. BKF field crew will establish control and gather field data required for the preparation of topographic maps of the street along the proposed storm drain improvements. BKF will perform a topographic survey approximately 100 feet by 100 feet of the project site. Mapped survey data will then be Page 1 of 6 '- compiled by BKF staff to create a project site topography map of the project areas at a scale of 1"=5' with 1-foot contours. Field crews will also be used to survey the location of key features visible within the project limits including dipping storm drain and sewer manholes and catch basin. Task 2.3 Geotechnical Investigation (SR-108/SR-110) Haley & Aldrich will perform geotechnical investigations of the 2 project sites to determine the conditions of the existing subgrade soils and provide recommendations for the design of the proposed full trash capture device improvements. The geotechnical investigation will also identify any critical geotechnical conditions that may need to be addressed during construction activities. The geotechnical investigation will include a background geotechnical review of readily available geotechnical reports from nearby and adjacent projects, regional geologic maps, in-house aerial photographs, and in-house geotechnical maps. The investigation will also include a subsurface geotechnical evaluation consisting of one (1) borings at each site (2 borings total) within the vicinity of the proposed full trash capture device locations. The boring will be excavated to a depth of approximately 25 feet below the existing ground surface, or to refusal, using a truck -mounted drill rig with 8-inch diameter hollow stem augers. The drill rig will be accompanied by a Traffic Control subcontractor at each location. Haley & Aldrich will collect relatively undisturbed and bulk samples of the existing materials encountered in the borings and will evaluate the samples to determine the engineering characteristics of the on -site materials. Borings will be tremie grouted with neat cement slurry in accordance with County of Marin requirements or backfilled with the soils from the cuttings and tamped upon completion. Controlled compaction of the backfill is not proposed. Haley & Aldrich will summarize their findings in a Geotechnical Report that will include evaluations of site seismicity and corrosion potential of concrete and metal in contact with onsite soils. The Geotechnical Report will also include recommendations for over -excavation and re -compaction (if required), foundation types, bearing capacity, lateral earth pressure, concrete recommendations, preliminary lateral earth pressures for permanent retaining structures and temporary shoring, and an assessment of temporary slope stability during construction activities. This task assumes that no -fee encroachment permits from the City of San Rafael to perform the proposed subsurface evaluation, if needed, and obtaining a boring permit from the County of Marin Department of Public Health for drilling borings deeper than 10 feet. Task 2.4 Hydraulic Flooding Impact Analysis (SR-108/SR-110) BKF will review the existing storm drain plan and assemble hydraulic models of the storm drain system and calibrated to known gauge data or to a local high water mark information and observations from the local community. This task includes the preparation of hydraulic models of the existing storm drain to verify the storm drain pipe size is adequate. The hydraulic models will use the Water Surface Profile Gradient (WSPG) software for storm water conveyances. The analyses will be used tailwater condition indicated on the record drawings (if any). The hydraulic flooding impact models will include water quality treatment flows (1-year 1-hour storm) and the 10-year 24-hour storm flow. The model runs will assume that the trash capture device is unobstructed, 50% obstructed and 100% obstructed. The results will be summarized in a technical memorandum for the City's and Caltrans review and comment. Task 2.5 Caltrans Review Submittal (SR-110) Page 2 of 6 BKF will prepare submittal package covering the portions of the drainage systems within Caltrans right-of-way for the existing and proposed conditions for a 25-year design flow for SR-110 and 5- minute minimum Time of Concentration for watersheds within Caltrans right-of-way only. This task does not include SR-108, which does not collect runoff from Caltrans right-of-way. Task 2.6 35%-Level Concept Drawings and Cost Estimate for SR-110 BKF will develop 35%-level concept drawings for SR-110. We will develop 35% Concept Drawings and preliminary cost estimates of the three alternatives to the similar level of details as the 35% Design Plans prepared by Marin County MCSTOPPP. The 35% plans will be submitted to the City for review and discussion. DELIVERABLES: 1. Topographic ground and utility survey in AutoCAD, GIS, and PDF format 2. Pothole report (see Task 5 below) 3. Boundary research and property line delineation in AutoCAD, GIS, and PDF format 4. Geotechnical Investigation Report including boring logs 5. Hydraulic Flooding Impact Analyses Results and data package 6. Schematic design (35%) documents for SR-110 in PDF format and in the most recent version of AutoCAD Civil 3D 7. Cost estimate worksheet including both final designs, permitting, CEQA (if required) and capital and operation and maintenance costs Task 3 65%-Level Engineering Plans, Specifications, and Estimates (PS&E) (SR-108/SR-110) BKF will prepare a 65%-level preliminary plans to depict the proposed storm drain alignment and sections. The 65%-level plans will include the following: • Title Sheet with Vicinity and Location Maps; telephone numbers of Underground Alert and utilities, - and General notes and abbreviations. • Plan and Profile sheets with Title Block, north arrow, scale, project title, sheet index, bench mark, basis of bearing, and Construction Notes. • Existing improvements, including but not limited to, buildings, fences, block walls, gates, trees, irrigation systems, right of way, easements and utilities. BKF will prepare draft special provisions specifications for the improvements proposed for the project. The special provisions specifications will include a project description, will list project requirements and constraints, and will include specifications pertaining to the material and workmanship required for the various project components. The special provisions specifications intend to supplement the standard specifications included in the latest edition of the Standard Specifications for Public Works Construction (Greenbook) and the City's main body of the specifications. BKF will prepare a quantity estimate of the component facilities identified in the improvement plans for the project. The quantity estimate will be itemized along with corresponding units of measurement. BKF will then create an engineer's estimate of probable construction cost from the quantity estimate by applying unit cost data to the estimated quantities as collected by the BKF team during recent construction activities or as published in current cost data manuals. Page 3 of 6 The 65%-level plans specifications and estimates will be submitted to the City for review and comment. Submittal of the plans will be made electronically in PDF format. Hard -copy plans will be provided to the City upon request. DELIVERABLES: 1. 65% construction documents size 22"x34" in PDF format and in the most recent version of AutoCAD Civil 3D. Specifications and estimates in Microsoft Office format. SR-108 and SR-110 will be two separate plan sets. Task 4 Environmental Compliance and Permitting (SR-108/SR-110) BKF will prepare the following: • Biological Resources Technical Memorandum (SR-110) • Environmental Permitting Project Description (SR-110) • Presentation Preparation and Attendance at one Marin Project Coordination Meeting (SR-108/SR- 110) • RWQCB Water Quality Certification Application (SR-110) • U.S. Army Corps of Engineers (USACE) Section 404 Nationwide Permit Application (SR-110) • Section 7 Informal Consultation Letter (SR-110) • California Department of Fish and Wildlife (CDFW) Section 1600 Streambed Alteration Agreement (SR-110) • Caltrans TMDL pollutant removal report (SR-110) BKF assumes that all filing fees and CEQA fess will be paid by the City. DELIVERABLES: 1. Preliminary and final permit applications 2. Preliminary and final CEQA documentation, if required Task 5 Utility Potholing (SR-108/SR-110) BKF anticipates that some utilities may not be adequately located based on information included on as -built plans and/or plans provided by utility agencies/companies. In the event that these utilities represent a potential design constraint to the alignment of the proposed facility improvements, potholes will be conducted to locate exact locations of these utilities. Potholing operations will be conducted following the acceptance of the 65%-level plans by the City. Potholes will be excavated to full depth to confirm that these locations are clear of utility conflicts. The exact number and location of potholes will be based on the final alignment that is determined through the design process. All potholing information will be included on the construction drawings to show potholing locations and all proposed improvements with the elevation of the proposed improvement relative to the existing utilities. Prior to the beginning of potholing in public right-of- ways, BKF will ensure that the contractor will notify the Underground Service Alert (811), prepare traffic control plans for approval by the City, and obtain the necessary permit for his work from the City. For the purpose of this proposal, four (4) pothole locations are assumed. DELIVERABLES: 1. Pothole Report Task 6 Prepare Traffic Control Plans (SR-108/SR-110) Page 4 of 6 Engineered traffic control plans will be prepared using AutoCAD, at 1" = 40' horizontal scale, "double stacked" with two viewports per sheet for construction of the project. Traffic control will follow the guidelines established in the latest CA MUTCD and City of San Rafael standards and requirements. The plans will show traffic control measures required for each project construction stage including all traffic control devices, temporary lane delineation, construction signing, and detours. This task assumes preparation of one traffic control plan sheet based on the final staged construction plans. Traffic control will maintain a minimum of one lane of travel in each direction and pedestrian access whenever feasible. If only one lane can be provided for two-way traffic, flagging stations and notes to flaggers will be included on the plans. Detour plans for vehicles and pedestrians will be provided if existing routes are unavailable. The plans will show traffic control for active construction conditions and address any additional traffic control measures required to secure the work zone outside of working hours. DELIVERABLES: 1. Traffic control plans Task 7 95%-Level Plans, Specifications, and Estimates (SR-108/SR-110) Upon City concurrence with the content of the 65%-level plans and depicted layout of the trash capture device, the 65%-level plans will be advanced to a 95%-level of completion. The 95%-level plans will comprise a complete plan set for the project including all construction -level details for the proposed improvements. The 95%-level plans will incorporate final utility information as obtained through provider data, coordination, utility potholing and traffic control plans. The 95%-level plan set will be accompanied by a final draft version of the technical specifications, and engineer's estimate for the project. The technical specifications will contain information pertaining to the materials and workmanship for the various project elements. The engineer's estimate will include a breakout of construction items for the project, their corresponding estimated unit costs, and the total estimated construction cost for each item. A total estimated construction cost for the project will be included at the bottom of the estimate. The 95%-level plans specifications and estimates will be submitted to the City for review and comment. Submittal of the plans will be made electronically in PDF format. Hard -copy plans will be provided to the City upon request. DELIVERABLES: 1. 95% construction documents size 22"x34" in PDF format and in the most recent version of AutoCAD Civil 3D. Specifications and estimates in Microsoft Office format. SR-108 and SR-110 will be two separate plan sets. Task 8 100%-Level Plans, Specifications, and Estimates (SR-108/SR-110) BKF will incorporate City's 95%-level PS&E review comments and prepare the 100% Final plans. Upon final approval of the 100%-level PS&E package, BKF will prepare and deliver to the City the following items: • 1 set of construction plans for SR-110 • 1 set of construction plans for SR-108 • All electronic design files (AutoCAD and MS Office Formats) Page 5 of 6 • Signed and stamped Specifications and Estimates • Final stamped and signed geotechnical investigation report • Final stamped and signed Traffic Control Plans • Basis of Design Report • Operation and Maintenance Plan DELIVERABLES: 1. 100% construction documents size 22"x34" in PDF format and in the most recent version of AutoCAD Civil 3D. Specifications and estimates in Microsoft Office format. SR-108 and SR-110 will be two separate plan sets. 2. Utility Coordination Letters 3. Basis of Design Report 4. Operation and Maintenance Plan 5. Signed and stamped estimates and calculations in PDF format Task 9 Engineering Support Services During the Bid Process (Optional Task) This task will include the services required to assist the City during the Bid Phase. These services include attending the pre -bid conference, attending a job walk, responding to requests for clarifications from prospective bidders during the bid period, issuing addenda to the bid package as necessary, and preparation of Conformed Sets. BKF will tabulate and verify bids using a spreadsheet and analyze the bid results to recommend the acceptance or rejection of bids. DELIVERABLES: 1. Prepare contract addenda, if required, for distribution by the City, including answers to bidder's questions 2. Prepare recommendation to the City for the award of the construction contract Task 10 Construction Support Services (Optional Task) This task will include the services to provide engineering oversight of submittals (assumes 5 submittal reviews) and Requests for Information (RFI) (assumes 5 RFIs) during construction. This task also includes attend four (4) construction meetings, at the request of the City and participate in the final walk through of the project sites and assist in preparing the "punch list" items. DELIVERABLES: 1. Attend meetings during construction, which includes the pre -construction meeting with contractor 2. Response to RFIs, material submittals, and shop drawings from the contractor 3. Plan revisions that are related to the project original scope and character 4. Review contract change orders, if requested by the City 5. Meeting agendas and minutes, if requested by the City Page 6 of 6 txr City c Design of Large Trash Capture Devices (City File No. 08.0; Jul ESTIMATED I Tasks Description PIC — hrs SPM hrs 1. Project Management Meetings (5 Total, Virtual) 2 8 Project Management and Coordination 4 40 2. Preliminary Engineering 2.1 Utility Locating (SR-110) 2.2 Topographic Surveying and Boundary Reseach (SR-108/SR-110/SR-129/SR-002) 2 3 2.3 Geotechnical Investigation (SR-1 08/SR-1 10) 4 2.4 Hydraulic Flooding Impact Analysis (SR-108/SR-110) 8 2.5 Caltrans Review Submittal (SR-110) 2 8 2.6 35%-Level Concept Drawings and Cost Estimate (SR-110) 12 24 3. 65%-Level Engineering Plans, Specifications and Estimates (SR-110) 2 14 4. Enivronmental Compliance and Permitting (SR-1 08/SR-1 10) 2 8 S. Utility Potholing (SR-108/SR-110) - Assumes 4 potholes 2 6. Prepare Traffic Contol Plans (SR-1 08/SR-1 10) 1 6 7. 95%-Level Plans, Specifications and Estimates (SR-1 08/SR-1 10) 2 12 8. 100%-Level Plans, Specifications and Estimates (SR-1 08/SR-1 10) 1 8 GRAND TOTAL HOURS 301 145 GRAND TOTAL FEES $9.060-�$38,425 9. Engineering Support Serives During Bid Process (Optional) 1 8 10. Construction Support Services (Optional) - 4 meetings/5 submittals/5 RFIs 3 14 OPTIONAL TASKS TOTAL HOURS 4 22 OPTIONAL TASKS TOTAL FEES $1,208 $5,830 RATES ($/Hr): $302 $265 BKF Classification Descriptions: PIC = Principal in Charge SPM = Senior Project Manager PE = Project Engineer (Engineer II) 2MC - Two -Man Survey Crew \\Bkf-nb\vo14\2024\241377_Sar_Rafael_Design_of Large_Trash_Capkure_Devices\DOC\00-Pursuil\B-Proposal\07-Fees\241337_SRF_LTC_Fee,xls EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Rev 0822 B-1 ISO form CG20 0104 13. 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. 08.22 B-3 PSA - BKF - Large Trash Capture Designs Final Audit Report 2024-08-15 Created: 2024-08-14 By: Shannon Mackie (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID CBJCHBCAABAAoHAWf 9_mJCmirUYx¢5Jp2lEePOsAgU "PSA - BKF - Large Trash Capture Designs" History Document created by Shannon Mackle (shannon.mackle@cityofsanrafael.org) 2024-08-14 - 9:59:49 PM GMT- IP address: 69.181.69.46 2-4 Document emailed to jkirchmann@bkf.com for signature 2024-08-14 - 10:03:52 PM GMT Email viewed byjkirchmann@bkf.com 2024-08-15 - 3:42:31 PM GMT- IP address: 50.209.186.25 60' Signer jkirchmann@bkf.com entered name at signing as Jason Kirchmann 2024-08-15 - 3:43:07 PM GMT- IP address: 50.209.186.25 6© Document e-signed by Jason Kirchmann (jkirchmann@bkf.com) Signature Date: 2024-08-15 - 3:43:09 PM GMT - Time Source: server- IP address: 50.209.186.25 P-4 Document emailed to Jean Chen Qchen@bkf.com) for signature 2024-08-15 - 3:43:10 PM GMT Email viewed by Jean Chen (jchen@bkf.com) 2024-08-15 - 3:48:42 PM GMT- IP address: 162.43.231.134 &,D Document e-signed by Jean Chen Qchen@bkf.com) Signature Date: 2024-08-15 - 3:49:02 PM GMT - Time Source: server- IP address: 50.209.179.1 Agreement completed. 2024-08-15 - 3:49:02 PM GMT Powered SAN RAFAEL Adobe6y Acrobat Sign RAF,, 2 0 r 5 " wITH P r CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shannon Mackle (for Adeel Shaikh) Extension: 3353 Contractor Name: BKF Engineers Contractor's Contact: Roger Chung Contact's Email: rchung@bkf.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 8/1/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X SM 2 City Attorney a. Review, revise, and comment on draft agreement 8/5/2024 and return to Project Manager 8/5/2024 © NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor NT 3 Department Director Approval of final agreement form to send to 8/6/2024 __ AM contractor 4 Project Manager Forward three (3) originals of final agreement to 8/14/2024 contractor for their signature l 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 8/19/2024 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 1 6 Project Manager Forward signed original agreements to City 8/20/24 SM Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager PSA - BKF - Large Trash Capture Design Services Final Audit Report Created: 2024-08-21 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAaLGablxjc-_NDcg4kpOhaRWQT9Ms4p5J 2024-08-26 "PSA - BKF - Large Trash Capture Design Services" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-08-21 - 5:18:59 PM GMT- IP address: 199.88.113.8 E'+ Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-08-21 - 5:22:02 PM GMT ZL Document shared with Shannon Mackle (shannon. mackle@cityofsanrafael.org) by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-08-21 - 5:22:36 PM GMT- IP address: 199.88.113.8 ,n Email viewed by rob.epstein@cityofsanrafael.org 2024-08-21 - 10:11:47 PM GMT- IP address: 104.28.123.164 6Q Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-08-21 - 10:12:15 PM GMT- IP address: 104.28.123.164 60 Document e-signed by Robert F. Epstein(rob.epstein@cityofsanrafael.org) Signature Date: 2024-08-21 - 10:12:17 PM GMT - Time Source: server- IP address: 104.28.123.164 C'. Document emailed to city.clerk@cityofsanrafael.org for approval 2024-08-21 - 10:12:19 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-08-21 - 10:20:24 PM GMT- IP address: 104.47.64.254 60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-08-21 - 10:20:32 PM GMT- IP address: 199.88.113.8 6Q Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2024-08-21 - 10:20:34 PM GMT - Time Source: server- IP address: 199.88.113.8 gl� SAN RAFAEL AdobebY Acrobat Sign P+ Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-08-21 - 10:20:36 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-08-23 - 2:01:16 AM GMT- IP address: 174.195.116.72 AD Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-08-23 - 2:01:31 AM GMT- IP address: 174.195.116.72 6© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-08-23 - 2:01:33 AM GMT - Time Source: server- IP address: 174.195.116.72 E'y Document emailed to city.clerk@cityofsanrafael.org for signature 2024-08-23 - 2:01:34 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-08-23 - 6:49:05 PM GMT- IP address: 67.169.52.201 GS© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-08-26 - 4:37:29 PM GMT- IP address: 199.88.113.8 &G Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org) Signature Date: 2024-08-26 - 4:37:31 PM GMT - Time Source: server- IP address: 199.88.113.8 ® Agreement completed. 2024-08-26 - 4:37:31 PM GMT g SAN RAFAEL by Adobe Acrobat Sign