Loading...
HomeMy WebLinkAboutBKF Engineers 2022-02-18COU No. 2122-190 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this 18th day of February, 2022 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and BKF Engineers, a Corporation organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a.City requires consulting services related to preparing plans, specifications, and estimate for the East Perkins Widening Project. b.Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. c.City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within the time coordinated with the City. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $308,031. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set for in the attached Attachment B, which COU No. 2122-190 2 shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charges for the same shall be set forth in Attachment B. Consultant shall complete the Scope of Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expense s incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self - employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. COU No. 2122-190 3 Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City’s local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager’s determination. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1.Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage – Completed Operations Form No. CG 20 37 10 01. 2.ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3.Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4.Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1.General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2.Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. COU No. 2122-190 4 3.Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4.Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1.General Liability and Automobile Liability Coverages a.The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b.The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d.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. 2.Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 3.Professional Liability Coverage COU No. 2122-190 5 If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend one year from project completion. 4.All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, to the fullest extent permitted by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. COU No. 2122-190 6 “Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. However, CONSULTANT shall not be required to provide for the upfront defense of the CITY with respect to claims alleging Professional Liability. For such claims, each party shall provide its own upfront defense and the non-prevailing party will reimburse the prevailing party for the prevailing party's reasonable costs of defense. In no event shall the costs, fees, and expenses charged to the non-prevailing party exceed the non- prevailing party’s proportionate percentage of fault. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete COU No. 2122-190 7 the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH BKF ENGINEERS DEPT. OF PUBLIC WORKS JASON KIRCHMAN 300 SEMINARY AVENUE 2004 4TH ST, STE 300 UKIAH, CA 95482-5400 SANTA ROSA, CA 95401 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: BY: __________________________ ____________________ JASON KIRCHMAN VICE PRESIDENT Date __________________ IRS IDN Number CITY OF UKIAH BY: ____________________ SAGE SANGIACOMO CITY MANAGER Date 94-1729773 02/23/2022 Feb 28, 2022 COU No. 2122-190 8 ATTEST ____________________ KRISTINE LAWLER CITY CLERK Date Kristine Lawler (Mar 1, 2022 07:51 PST)Mar 1, 2022 Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 6 02 / PROJECT APPROACH AND SCHEDULE ID Task Mode Task Name Duration Start Finish 1 Project Management 38.2 wks Mon 2/28/22 Mon 11/21/22 2 Project Management 191 days Mon 2/28/22 Mon 11/21/22 3 Project Kick-Off Meeting 1 day Mon 3/7/22 Mon 3/7/22 4 Data Collection 30 days Mon 3/7/22 Fri 4/15/22 5 Record Data Collection and Field Review 6 wks Mon 3/7/22 Fri 4/15/22 6 Public Utilities Coordination 4 wks Mon 3/7/22 Fri 4/1/22 7 Topographic Survey 6 wks Mon 3/7/22 Fri 4/15/22 8 Geotechnical Investigation 4 wks Mon 3/14/22 Fri 4/8/22 9 30% Design 46 days Mon 3/28/22 Mon 5/30/22 10 Design Drawings/Coordination 5 wks Mon 3/28/22 Fri 4/29/22 11 Calculations 5 wks Mon 3/28/22 Fri 4/29/22 12 Specifications and Estimate 2 wks Mon 4/18/22 Fri 4/29/22 13 30% QA/QC Review 1 wk Mon 5/2/22 Fri 5/6/22 14 30% Design Package to City 0 days Fri 5/13/22 Fri 5/13/22 15 City Review of 30% Design Package 2 wks Mon 5/16/22 Fri 5/27/22 16 Progress Review Meeting 1 day Mon 5/30/22 Mon 5/30/22 17 60% Design 61 days Fri 6/3/22 Fri 8/26/22 18 Site Walk 1 day Fri 6/3/22 Fri 6/3/22 19 Design Drawings/Coordination 8 wks Mon 6/6/22 Fri 7/29/22 20 Calculations 8 wks Mon 6/6/22 Fri 7/29/22 Project Management Project Management Project Kick-Off Meeting Data Collection Record Data Collection and Field Review Public Utilities Coordination Topographic Survey Geotechnical Investigation 30% Design Design Drawings/Coordination Calculations Specifications and Estimate 30% QA/QC Review 5/13 City Review of 30% Design Package Progress Review Meeting 60% Design Site Walk Design Drawings/Coordination Calculations Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Page 1 East Perkins Widening ProjectBKF No. P212351Project Schedule ATTACHMENT A Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 7 02 / PROJECT APPROACH AND SCHEDULE ID Task Mode Task Name Duration Start Finish 21 Specifications and Estimate 1 wk Mon 7/25/22 Fri 7/29/22 22 60% QA/QC Review 1 wk Mon 8/1/22 Fri 8/5/22 23 60% Design Package to City 0 days Fri 8/12/22 Fri 8/12/22 24 City Review of 60% Design Package 2 wks Mon 8/15/22 Fri 8/26/22 25 Progress Review Meeting 1 day Fri 8/26/22 Fri 8/26/22 26 Caltrans Encroachment Permit 134 days Mon 6/20/22 Fri 12/23/22 27 Right-of-Way Improvement Drawings 4 wks Mon 6/20/22 Fri 7/15/22 28 Permit Application Preparation 4 wks Mon 6/20/22 Fri 7/15/22 29 1st Encroachment Permit Submittal 0 days Fri 7/15/22 Fri 7/15/22 30 Caltrans Review Period 30 days Mon 7/18/22 Fri 8/26/22 31 Response to Comments 10 days Mon 8/29/22 Fri 9/9/22 32 2nd Encroachment Permit Submittal 0 days Fri 9/9/22 Fri 9/9/22 33 Caltrans Review Period 30 days Mon 9/12/22 Fri 10/21/22 34 Response to Comments 10 days Mon 10/24/22 Fri 11/4/22 35 3rd Encroachment Permit Submittal 0 days Fri 11/4/22 Fri 11/4/22 36 Anticapated Encroachment Permit Approval 0 days Fri 12/23/22 Fri 12/23/22 37 90% Design 45 days Mon 8/29/22 Fri 10/28/22 38 Design Drawings/Coordination 4 wks Mon 8/29/22 Fri 9/23/22 39 Calculations 4 wks Mon 8/29/22 Fri 9/23/22 40 Specifications and Estimate 2 wks Mon 9/12/22 Fri 9/23/22 Specifications and Estimate 60% QA/QC Review 8/12 City Review of 60% Design Package Progress Review Meeting Caltrans Encroachment Permit Right-of-Way Improvement Drawings Permit Application Preparation 7/15 Caltrans Review Period Response to Comments 9/9 Caltrans Review Period Response to Comments 11/4 12/23 90% Design Design Drawings/Coordination Calculations Specifications and Estimate Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Page 2 East Perkins Widening ProjectBKF No. P212351Project Schedule Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 8 02 / PROJECT APPROACH AND SCHEDULE ID Task Mode Task Name Duration Start Finish 41 90% QA/QC Review 1 wk Mon 9/26/22 Fri 9/30/22 42 90% Design Package to City 0 days Fri 10/7/22 Fri 10/7/22 43 City Review of 90% Design Package 2 wks Mon 10/10/22 Fri 10/21/22 44 Progress Review Meeting 1 day Fri 10/28/22 Fri 10/28/22 45 SWPPP 4 wks Mon 10/10/22 Fri 11/4/22 46 SWPPP and PRD Preparation 4 wks Mon 10/10/22 Fri 11/4/22 47 Final PS&E 16 days Mon 10/31/22 Mon 11/21/22 48 Design Drawings/Coordination 2 wks Mon 10/31/22 Fri 11/11/22 49 Calculations 2 wks Mon 10/31/22 Fri 11/11/22 50 Specifications and Estimate 2 wks Mon 10/31/22 Fri 11/11/22 51 Final QA/QC Review 1 wk Mon 11/14/22 Fri 11/18/22 52 Final Design Package to City for Bidding 0 days Mon 11/21/22 Mon 11/21/22 53 54 55 56 57 58 59 60 90% QA/QC Review 10/7 City Review of 90% Design Package Progress Review Meeting SWPPP SWPPP and PRD Preparation Final PS&E Design Drawings/Coordination Calculations Specifications and Estimate Final QA/QC Review 11/21 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Page 3 East Perkins Widening ProjectBKF No. P212351Project Schedule 02 / PROJECT APPROACH AND SCHEDULE Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 9 SCOPE OF SERVICES TASK 1: PROJECT MANAGEMENT Project Management: BKF will provide general project management and consultant oversight services including defining and tracking tasks, status updates, general coordination, and preparation of a detailed schedule showing planned milestones and deliverables to be achieved for completion of the project. BKF will also track the budget and issue monthly invoices. Project Kick-Off Meeting: BKF will schedule regular progress meeting to discuss the status of the project, upcoming efforts, issues, coordination items, and other relevant information. Agendas, action logs, updated project schedules, and meeting minutes will be prepared and distributed. We will also maintain frequent and timely communication with City staff throughout the duration of the project. Routine Status Update Meetings: BKF will schedule regular progress meeting to discuss the status of the project, upcoming efforts, issues, coordination items, and other relevant information. Agendas, action logs, updated project schedules, and meeting minutes will be prepared and distributed. We will also maintain frequent and timely communication with City staff throughout the duration of the project. Quality Assurance/Quality Control (QA/QC): BKF will perform quality control checks for each submittal in accordance with BKF’s Quality Manual prior to submitting to City. BKF’s Quality Control Manger will review both in-house and subconsultant work at each phase of the project to ensure quality and contract compliance. All plan review comments are documented and formally responded to the form of a comment response letter and/or comment response markups. A copy of BKF’s full Quality Manual can be provided upon request. Deliverables: • Schedule Updates• Invoices• Progress Report • Updated Action Log• Meeting Agendas and Minutes• Plan Review Response Documents TASK 2: DATA COLLECTION Record Data Collection and Field Review: BKF will research and collect available records from the City, Mendocino County, and the public utilities to obtain property line, utility data, geotechnical information and traffic information. BKF will take notes of any potential public/private conflicts within rights-of-way. While BKF understand that it is the City’s intent to construct the project within existing public rights-of-way, should a conflict occur, BKF will address the need for easements. Public Utilities Coordination: Older streets often times have shallow utilities which may conflict with full depth replacement paving or other designs implemented with this project. Additionally, in order to prolong the finished streets lifespan, it is important to coordinate any planned utility projects prior to final paving. We understand that PG&E and AT&T will be undergrounding their existing overhead facilities prior to the start of construction for this project. BKF will communication with PG&E, Comcast, AT&T, and the City of Ukiah Public Works Utilities Division to understand the location of the existing and future utilities and to coordinate relocations and potential upgrades to their facilities, if needed. Topographic Survey: In an effort to be efficient with our services and provide data only to the accuracy needed in specific locations, BKF will utilize multiple survey tools to survey the project corridor. We will leverage our Unmanned Aerial Vehicle (UAV, also known as a drone), with integrated real time kinematic GPS to perform a flight of the corridor. The UAV data will be adjusted to survey control set by BKF throughout the project area to generate ortho-rectified aerial photos and aerial survey accuracy topographic information. BKF’s field crews will supplement the UAV survey data with typical cross sections of the boulevard at critical locations and higher 02 / PROJECT APPROACH AND SCHEDULE Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 10 density topographic spot data where bulb-outs or curb ramps are anticipated. We will reserve some additional survey time to come back and densify the topography as needed in critical areas such as sidewalk gap closures or unique street designs. By reserving some time to come back and densify the topography, we have an opportunity to let the design drive the survey efforts so that we are not wasting time surveying features which may not require survey grade accuracy. The topographic mapping approach described herein will generate a base map for the entire project. The base maps will include topographic and utility information encountered during the course of the survey and as provided by the City. Our understanding is that the City expects the project will be constructed within previously established City right-of-way. However, if required, BKF can perform a right-of-way survey of the City owned property rights and adjoining private properties. Please refer to optional services for right-of-way surveying services. Formal boundary determination and a record of survey are not included, but can be provided as an additional service. BKF will complete field surveys along the roadway, acquiring cross sections at 25 foot intervals. BKF will create base maps including topographic, utility, and boundary information that will be based on existing as-builts, right-of-way and easement maps as provided by the City. Base maps will include topographic features and fixed works such as grade breaks, drainage swales, striping, edge of pavements, concrete, trees 12-inches in diameter and larger, bridge abutments, utility poles and other utility structures. Underground utilities will be shown based on observed surface information and as-built drawings provided by the City. “Dips” of gravity utility structures and subsurface exploration or detection of underground locating of utilities is not included in this scope of services, but can be provided as an additional service if requested. Geotechnical Investigation: A site investigation and report prepared by a geotechnical engineer is highly recommended for paving rehabilitation projects with complex existing conditions and several potential solutions. BKF, through our subconsultant, LACO, will prepare geotechnical report that will support project designs. To complete this exploration, we will leverage our past work in the area and the resulting knowledge of Ukiah’s unique geologic framework to minimize the level of effort in completing the following investigative tasks: -Review local geologic reports, maps, and information in LACO’s database to determine anticipated site geology -Install 10-14 borings to a depth of 5 feet and up to 2 borings to a depth of 15 feet to describe site soils, gauge soil density, and collect samples for analysis of engineering properties. Our professional staff will work with project designers to develop the appropriate testing program for the conditions and project needs. Testing parameters will include R-values and compaction curves to support pavement design and later testing and inspections during construction -Perform laboratory analyses to determine properties critical to the successful completion of the project As part of our planning for this field exploration, we will work with the City of Ukiah to obtain encroachment permits and determine traffic control plans as required. Following completion of this field scope, LACO will summarize our findings a report that will include an evaluation of geohazards and geotechnical considerations, coordinating closely with the project design team to ensure that we provide advice that best meets the needs of the project. Deliverables: • Base Map including Topography, Boundary, and Utility Information• Geotechnical Investigation Report TASK 3: 30% DESIGN Under this task, BKF will develop a 30% design package. We are familiar with the City of Ukiah Standard Plans and Notes, and are anticipating that these standards will be used as the basis for our design. BKF will coordinate with the City and verify that the proposed plan conforms to existing conditions, boundary, and site constraints. BKF will verify, based on the available record information, if there are any identifiable conflicts between proposed and existing improvements or any conflicts with the existing Right-of-Way limits. This task will also include time for a preliminary hydraulic and hydrology analysis to size the new section of storm drain. At this stage, we will also 02 / PROJECT APPROACH AND SCHEDULE Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 11 assess the potential need to incorporate Low Impact Development (LID) features, based on the amount of new or replaced impervious surface. To develop the 30% design package, BKF will prepare design development and coordination documents to provide ideas and solicit feedback from the City. These documents may include brief written memos describing pavement rehabilitation approaches, preliminary cost estimates, and conceptual layout exhibits. To ensure that the project scope meets the City’s objectives while staying within the available construction budget, we recommend that weekly or biweekly check-in meetings be held to help define the scope of the project during this task. BKF has budgeted for up to twenty four (24) hours of combined staff time to attend meetings and participate in conference calls during this phase. Drawings: We will prepare the following drawings: -Civil Cover Sheet (1 sheet) -Typical Roadway Sections (3 sheets) -Grading Plan (5 sheets at 20 scale) -Curb Ramp Grading Details (5 sheets at 10 scale) -Paving and Striping Plan (5 sheets at 20 scale) -Traffic Signal Plan (1 sheet) -Planting Plan (2 sheets at 20 scale) We will prepare the following supporting documents: -Preliminary LID sizing calculations -Preliminary engineers estimate of probable construction costs -Outline of technical specifications Deliverables: • Preliminary (30%) Design Drawings• Preliminary (30%) Engineer’s Estimate of Probable Construction Costs TASK 4: 60% DESIGN Due to the nature of these improvements, it would be important to schedule a site visit with City staff to “ground truth” the improvements illustrated on the 30% design drawings. Following the site visit, BKF will continue to coordinate with the City and our subconsultant to expand our design packages, including the development of pavement design calculations and the preparation of a preliminary Storm Water Low Impact Development Submittal (SWLIDS) in accordance with the City of Santa Rosa Low Impact Development Technical Design Memorandum. Drawings: We will prepare the following drawings: -Civil Cover Sheet (1 sheet) -Notes & Legend (1 sheet) -Typical Roadway Sections (3 sheets) -Demolition Plan (5 sheets at 20 scale) -Grading Plan (5 sheets at 20 scale) -Curb Ramp Grading Details (5 sheets at 10 scale) -Paving Plan (5 sheets at 20 scale) -Striping and Signage Plan (5 sheets at 20 scale) -Traffic Signal Plan (1 sheet) -Signal Equipment Schedule (1 sheet) -Lighting Plan (2 sheets) -Planting Plan (2 sheets at 20 scale) -Irrigation Plan (2 sheets at 20 scale) -Sedimentation and Erosion Control Plan (5 sheets at 20 scale) -Construction Details (2 sheets) 02 / PROJECT APPROACH AND SCHEDULE Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 12 We will prepare the following supporting documents: -Pavement design calculations -Preliminary SWLIDS calculations and report -MWELO and Cal-GREEN design calculations -Engineers estimate of probable construction costs -Technical specifications Deliverables: • Draft (60%) Design Drawings• Draft (60%) Technical Specifications• Draft (60%) Engineer’s Estimate of Probable Construction Costs• Draft (60%) Pavement Design Calculations• Preliminary SWLIDS TASK 5: 90% DESIGN Based on the comments received on the 60% design submittal, BKF will advance the design of the paving, hardscape, signal, and utility improvements. During this task, we will layer in additional detail to the design and continue in-depth coordination with the City. It is assumed that the City will develop the Construction Agreement and will identify the forms that will be required as part of the bid and contract process. In additional to the drawings, final calculations, engineer’s estimate of probable construction costs, technical specifications will be prepared and provided. BKF has budgeted for up to sixteen (16) hours of combined staff time to attend meetings and participate in conference calls during this phase. Deliverables: • Final (100%) Design Drawings • Final (100%) Technical Specifications• Final (100%) Pavement Design Calculations• Final (100%) Engineer’s Estimate of Probable Construction Costs TASK 6: CALTRANS ENCROACHMENT PERMIT We understand that a portion of the project will fall within the Caltrans Right-of-Way which will require a separate parallel application and review process outside of the City for an encroachment permit from Caltrans. It is assumed that the City will be the applicant for the Caltrans Encroachment Permit. Due to the timeline typically associated with Caltrans encroachment permits, we expect to start this work prior to the completion of the 90% Design task described above. BKF will provide the following services: 1. Caltrans Encroachment Permit Application and Coordination: BKF will provide application support to the City in order to submit the necessary documentation for application review and permitting by Caltrans. BKF will coordinate with the City and Caltrans regarding the necessary deliverables for agency approval.2. Caltrans Right-of-Way Improvement Drawings: BKF will prepare a single set of stand-alone Caltrans Right-of-Way Improvement Drawings formatted for an encroachment permit submittal to the Caltrans Office of Encroachment Permits. BKF will also prepare Caltrans BMP “DPP-1” checklist which is typically required by Caltrans to accompany encroachment permit submittals.3. Response to Caltrans Comments: BKF will revise the drawings based on Caltrans comments and re-submit for review. It is our recent experience with Caltrans that the Office of Encroachment Permits’ plan check comments have a high degree of variability and a number of supporting documents are often requested including but not limited to Fact Sheet Memos for Mandatory/Advisory Design Exceptions, Storm Water Data Checklists, Drainage Memoranda, Utility Policy Exceptions, Project Schedules, etc. We will coordinate with the City to provide these items as they are requested by Caltrans and have allocated fee for up to three (3) re-submittals. 02 / PROJECT APPROACH AND SCHEDULE Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 13 TASK 7: FINAL PS&E It is our understanding that these documents will be used by the City to perform the bidding process; as such the documents will be detailed to the level required by the contractor to bid and construct. BKF will finalize the plans, specifications, and engineer’s estimate of probable construction costs (collectively known as PS&E) based on final review comments from the City. Deliverables: • Final Signed/Sealed Drawings for Construction• Final Signed/Sealed Technical Specifications• Final Signed/Sealed Engineer’s Estimate of Probable Construction Costs• Digital (PDF and AutoCAD) Copy of the Drawings for Construction• Digital (PDF) Copy of the Technical Specifications• Digital (Excel) Copy of the Engineer’s Estimate OPTIONAL TASK 1: RIGHT-OF-WAY, BOUNDARY AND RECORD OF SURVEY If requested or if during the course of BKF’s survey, it appears that section 8762 of the California Professional Land Surveyor’s Act will be triggered, requiring a Record of Survey, BKF will notify the City and discuss the right of way mapping options. Once this occurs, BKF can provide boundary surveying to resolve right of way and easement locations based on title reports provided to BKF by the City. Should right-of-way or easement acquisitions be required, BKF will prepare legal descriptions and plat to accompany the offers made to private property owners. Upon completion of the boundary survey, BKF will file a Record of Survey with the Mendocino County Surveyor to fulfill our legal and professional obligations OPTIONAL TASK 2: SWPPP BKF will provide Qualified SWPPP Developer (QSD) services in compliance with the Construction General Permit Order 2009-0009-DWQ as amended by Order 2010-0014-DWQ, administered by the State Water Resources Control Board (SWRCB). We will provide support services to the owner’s Legally Responsible Person (LRP) to submit Permit Registration Documents (PRDs) to the State’s online Storm Water Multiple Application and Report Tracking System (SMARTS) program website. Is it assumed that the contractor will provide QSP services for the project including implementation of the SWPPP document. OPTIONAL TASK 3: UNDERGROUND UTILITY LOCATING SERVICES If requested, BKF will provide underground utility detection services in the same area of the proposed topographic survey. BKF will perform utility investigation services using industry acceptable methods to determine the approximate horizontal position and count of existing utilities on the subject site (except irrigation, typical). BKF’s field crews will use a combination of water-based paint or marking chalk or pin flags (in the appropriate APWA color) to mark the results of our investigation on the ground surface. BKF will compare available utility record information (supplied by City) with the results of field investigation services to consolidate field evidence and record documentation. Utilities not identifiable by BKF’s field crews due to lack of utility record information or above ground appurtenances will be marked with pink paint on the ground surface and annotated as “Unknown” on the project deliverables. Once the utilities have been marked, BKF will survey the locations of the utilities and add them to the base drawing. BKF will utilize the projects’ horizontal and vertical coordinate system so as to keep the utility data on the same coordinate system as the surveying files. BKF will make a reasonable effort to locate and map underground utilities, however, given the current technological limitations of the locating equipment, a guarantee as to all utilities cannot be made. OPTIONAL TASK 4: BID AND CONSTRUCTION PHASE SUPPORT SERVICES BKF can provide bid and construction phase support services. Scope and fee can be provided upon request and would be executed as an amendment to the Professional Consulting Services Agreement. Bid Support Services: BKF can assist the City during the construction bid solicitation process on an as-needed basis. Bid support services can include the following: 02 / PROJECT APPROACH AND SCHEDULE Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 14 a. Responding to RFI during the bid processb. Assisting the City with issuing bid addendum packagesc. Summarizing and tabulating received bids Construction Support Services: BKF will allocated time to support the contractor and design team during the construction phase of the project. Anticipated services include written response to requests for information, review of submittals, and drawing revisions as needed. Preparation of record drawings based on the contractor’s as-builts can also be provided as part of this service. Construction Meetings: BKF can attend site meetings with the contractor during the construction process. Anticipated meetings include the following:a. Pre-construction meetingb. Three (3) interim site visitsc. Final punch-list walkd. Additional meetings as determined necessary by the City OPTIONAL TASK 5: CALTRANS TRAFFIC CONTROL PLAN In the event that Caltrans requires a traffic control plan be prepared prior to issuance of the Encroachment Permit, BKF can prepare this plan to illustrate the traffic handling and detour needed to minimize impacts to the adjacent Highway 101 ramps and freeway. BKF ENGINEERS 200 Fourth Street, Suite 300, Santa Rosa, CA 95401 | t. 707.583.8500 Andrew Stricklin, Associate Engineer January 31, 2022City of Ukiah, Department of Public Works BKF Project No. P20212351300 Seminary AvenueUkiah, CA 95482-5400 Fee Proposal submitted electronically to astricklin@cityofukiah.com SUBJECT: FEE PROPOSAL FOR THE PREPARATION OF PLANS, SPECIFICATIONS & ESTIMATE FOR EAST PERKINS WIDENING PROJECT Dear Andrew: BKF Engineers (BKF) welcomes the opportunity to submit our cost fee proposal to the City of Ukiah for the Preparation of Plans, Specification & Estimate for the East Perkins Widening Project. Authorized Personnel. As a Vice President, I am authorized to bind the firm contractually. We are offering the enclosed fee proposal as a basis of negotiation, based on our understanding of the project and proposed scope of service. Please do not hesitate to reach out should you need clarification, or have any questions or would like to discuss any required adjustments to the enclosed information. Sincerely,BKF ENGINEERS Jason Kirchmann, PE, PLS, QSD/P Vice President t. 707.583.8515jkirchmann@bkf.com ATTACHMENT B 05 / FEE PROPOSAL Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 2 BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE JANUARY 1, 2022 - DECEMBER 31, 2022 CLASSIFICATION HOURLY RATE PROJECT MANAGEMENT Principal/Vice President $264.00 Senior Associate/Vice President $237.00 Associate $230.00 Senior Project Manager | Senior Technical Manager $230.00 Project Manager | Technical Manager $224.00 Engineering Manager | Surveying Manager | Planning Manager $207.00 TECHNICAL STAFF Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $192.00 Project Engineer | Project Surveyor | Project Planner $169.00 Design Engineer | Staff Surveyor | Staff Planner $147.00 BIM Specialist I, II, III $147.00 - $169.00 - $192.00 Technician I, II, III, IV $140.00 - $149.00 - $163.00 - $176.00 Drafter I, II, III, IV $110.00 - $120.00 - $130.00 - $145.00 Engineering Assistant | Surveying Assistant | Planning Assistant $91.00 FIELD SURVEYING Survey Party Chief $192.00 Instrument Person $165.00 Survey Chainperson $123.00 Utility Locator I, II, III, IV $100.00 - $142.00 - $170.00 - $193.00 Apprentice I, II, III, IV $76.00 - $102.00 - $113.00 - $119.00 CONSTRUCTION ADMINISTRATION Senior Consultant $251.00 Senior Construction Administrator $218.00 Resident Engineer $162.00 Field Engineer I, II, III $147.00 - $169.00 - $192.00 ASSISTANTS Project Coordinator $122.00 Senior Project Assistant $106.00 Project Assistant $93.00 Clerical | Administrative Assistant $79.00 Expert witness rates are available upon request. Subject to the terms of a services agreement:• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts. Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 05 / FEE PROPOSAL LACO W Trans Integra Traffic Landscape VP VP PM SPE PE DE FC $237 $237 $224 $192 $169 $147 $315 1 Project Management 1 Project Management 24 24 $5,376 $0 $0 $0 $0 $5,376 2 Project Kick-Off Meeting 2 4 2 2 10 $2,092 $0 $0 $0 $0 $2,092 3 Routine Status Update Meetings 8 24 16 8 56 $11,696 $0 $0 $0 $0 $11,696 4 Quality Assurance/Quality Control (QA/QC) 16 4 2 22 $5,188 $0 $0 $0 $0 $5,188 16 14 54 18 10 0 0 112 $24,352 $0 $0 $0 $0 $24,352 2 Data Collection 1 Record Data Collection and Field Review 2 6 8 8 24 $4,530 $0 $4,770 $0 $5,247 $9,777 2 Public Utilities Coordination 2 4 8 14 $2,392 $0 $0 $0 $0 $2,392 3 Topographic Survey 2 6 12 80 48 148 $31,002 $0 $0 $0 $0 $31,002 4 Geotechnical Investigation 4 4 8 $1,664 $29,000 $0 $0 $31,900 $33,564 0 4 18 28 0 96 48 194 $39,588 $29,000 $4,770 $0 $37,147 $76,735 3 30% Design 1 30% Plans, Specifications, and Estimate 4 20 40 8 80 152 $26,220 $0 $2,690 $11,280 $15,367 $41,587 0 4 20 40 8 80 0 152 $26,220 $0 $2,690 $11,280 $15,367 $41,587 4 60% Design 1 60% Plans, Specifications, and Estimate 4 20 60 8 120 212 $35,940 $0 $8,890 $7,260 $17,765 $53,705 0 4 20 60 8 120 0 212 $35,940 $0 $8,890 $7,260 $17,765 $53,705 5 90% Design 1 90% Plans, Specifications, and Estimate 2 12 40 8 80 142 $23,954 $0 $7,200 $3,860 $12,166 $36,120 0 2 12 40 8 80 0 142 $23,954 $0 $7,200 $3,860 $12,166 $36,120 6 Caltrans Encroachment Permit 1 Caltrans Encroachment Permit Application and Coordination 8 4 12 $2,560 $0 $0 $0 $0 $2,560 2 Caltrans Right-of-Way Improvement Drawings 2 16 24 8 40 90 $15,898 $0 $0 $0 $0 $15,898 3 Response to Caltrans Comments 3 9 24 24 60 $10,863 $0 $0 $0 $0 $10,863 0 5 33 52 8 64 0 162 $29,321 $0 $0 $0 $0 $29,321 7 Final PS&E 1 Final PS&E 4 8 20 8 40 80 $13,812 $0 $5,745 $2,170 $8,707 $22,519 0 4 8 20 8 40 0 80 $13,812 $0 $5,745 $2,170 $8,707 $22,519 General BKF Printing, Plotting, and Travel (1% of Total) Consultant Labor Totals 16 37 165 258 50 480 48 1054 $193,187 $29,000 $29,295 $24,570 $91,152 $284,339 Total Phase 1 Fees* (Total fees include consultant and reimbursable markups pursuant to rate sheets)$286,769 3 30% Design Subtotal: 4 60% Design Subtotal: Geotech Total BKF HoursBKF 2 Data Collection Subtotal:Total Subconsultant Fee**Includes 10% MarkupCONSULTING SERVICES Total BKF Fee1 Project ManagementSubtotal:Estimated Total Fee QA/QC ManagerSub consultants 5 90% Design Subtotal: Task Description Full Ra Design Engineer East Perkins Widening Project $2,430Field CrewProject ExecutiveProject ManagerSr Project EngineerProject Engineer6 Caltrans Encroachment Permit Subtotal: Reimbursable and Consultant Expenses 7 Final PS&E Subtotal: Ukiah, Proposal for East Perkins Widening BKF ENGINEERS 05 / FEE PROPOSAL LACO W-Trans Integra Traffic Landscape VP VP PM SPE PE DE FC $237 $237 $224 $192 $169 $147 $315 OT 1 Right of Way Survey 1 Right of Way Survey 2 4 8 24 40 24 102 $21,262 $0 $0 $0 $0 $21,262 2 4 8 24 0 40 24 102 $21,262 $0 $0 $0 $0 $21,262 OT 2 SWPPP 1 SWPPP 2 4 24 30 $4,744 $0 $0 $0 $0 $4,744 0 0 2 4 0 24 0 30 $4,744 $0 $0 $0 $0 $4,744 OT 3 Underground Utility Locating Services 1 Underground Utility Locating Services 2 2 8 16 40 68 $17,410 $0 $0 $0 $0 $17,410 2 0 2 8 0 16 40 68 $17,410 $0 $0 $0 $0 $17,410 OT 4 Bid and Construction Phase Support Services 1 Bid Support Services 4 8 4 16 $3,508 $0 $0 $0 $0 $3,508 2 Construction Support Services 12 24 60 96 $16,116 $0 $0 $0 $0 $16,116 3 Construction Meetings 16 16 32 $6,656 $0 $0 $0 $0 $6,656 0 4 36 44 0 60 0 144 $26,280 $0 $0 $0 $0 $26,280 OT 5 Caltrans Traffic Control Plan 1 Bid Support Services 8 16 30 80 $25,928 $0 $0 $0 $0 $25,928 8 16 30 0 80 0 0 0 $25,928 $0 $0 $0 $0 $25,928 General BKF Printing, Plotting, and Travel (1% of Total) Consultant Labor Totals 12 20 42 36 80 80 64 200 $95,624 $0 $0 $0 $0 $74,362 Total Phase 1 Fees* (Total fees include consultant and reimbursable markups pursuant to rate sheets)$75,862 OT 4 Bid and Construction Phase Support Services Subtotal: OT 1 Right of Way Survey Subtotal:Estimated Total Fee Project ExecutiveProject ManagerSr Project EngineerField CrewOPTIONAL SERVICES QA/QC ManagerBKF Total Subconsultant Fee**Includes 10% MarkupProject EngineerDesign Engineer Task Description Full Rate East Perkins Widening Project Total BKF FeeTotal BKF HoursSub consultants OT 5 Caltrans Traffic Control Plan Subtotal: Geotech OT 2 SWPPP Subtotal: OT 3 Underground Utility Locating Services Subtotal: $1,500 Reimbursable and Consultant Expenses