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HomeMy WebLinkAbout104-Agreement with BKF Engineers.pdf CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and BKF ENGINEERS, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on December 1st, 2009 and extends through November 30, 2010 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 1 of 84 procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Dave Anderson ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 2 of 84 Notices to Contractor shall be sent to: Natalina Bernardi BKF Engineers 4670 Willow Road, Suite 250 Pleasanton, CA 94588 Notices to City shall be sent to: Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: ________________________________ Date: _________________ Print Name: Position: City of Saratoga: Independent Contractor Agreement Highway 9 Phase II Page 3 of 84 CITY OF SARATOGA, a municipal corporation By: __________________________________ Date: __________________ Name: Dave Anderson Title: City Manager APPROVED AS TO FORM: By: _______________________________ Date: ___________________ City Attorney Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements Exhibit F – Caltrans Forms City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 4 of 84 EXHIBIT A SCOPE OF WORK See attached detail Scope of Services. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 5 of 84Exhibit A Hwy 9 Safety Improvements Phase 2 -Scope of Services BKF Job No. 20076049 October 19, 2009 Page 1 of 6 P:\Eng07\076049\Fee Proposal\Scope\Scope 10-15-09.doc EXHIBIT A SCOPE OF SERVICES Prepared for: Hwy 9 Safety Improvements – Phase 2 City of Saratoga Los Gatos, and Monte Sereno TASK 1 -PROJECT MANAGEMENT/TEAM LEADERSHIP 1.1 PROJECT KICK-OFF MEETING: Notify affected agencies and administer a project “kick-off” meeting. This meeting to gain initial input about project goals, timetable, contacts, responsibilities, and schedules. BKF will document the meeting and distribute a meeting summary and participant list to attendees for review and comments. 1.2 PUBLIC MEETINGS: Two public meetings are anticipated during the project, one in Saratoga and one in Monte Sereno. It is anticipated the City will secure a location and time for the meetings as well as provide the necessary public notification. BKF will attend and lead the public forum. BKF will document the public comments and prepare a meeting summary for distribution to the design team and public agencies. 1.3 COORDINATE DESIGN WITH TEAM MEMBERS AND CONSULTANTS: Meet with the design team and Client representatives to refine the project scope and establish the design schedule including milestones. Convey specific design demands to team members and consultants so as to achieve the desired product of the client. Manage the design team relating to the scope, schedule and design fee of the project. TASK 2 -PRELIMINARY INVESTIGATIONS, DATA COLLECTIONS, AND CONCEPTUAL DESIGN ALTERNATIVES 2.1 TOPOGRAPHIC SURVEYING: Topographic features will be defined by spot elevations on sections at approx. 50’ intervals and conform locations. Planimetric features such as curbs, walks, driveways, buildings, fences, walls, signs, trees and utility structures will be measured. Utility lines will be plotted from record information provided and surface evidence. The limits of the topographic survey will be from the shoulder of Hwy 9 to the approximate Caltrans Right of Way adjacent to the 14 proposed design segments. Aerial surveys provided by the City will be incorporated in the background of the topographic base maps. Project base sheets will be prepared using the existing available information from agencies and the topographic surveys. No boundary survey is included in this Scope of Work. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 6 of 84Exhibit A Hwy 9 Safety Improvements Phase 2 -Scope of Services BKF Job No. 20076049 October 19, 2009 Page 2 of 6 P:\Eng07\076049\Fee Proposal\Scope\Scope 10-15-09.doc 2.2 CONDUCT GEOTECHNICAL INVESTIGATIONS TO SUPPORT RETAINING WALLS: 2.2.1.Research and Data Collection: Review of additional available geologic and soil literature in the vicinity of the site including review of any as-built drawings and existing LOTB. Permits/USA Clearances: We will comply with local permit requirements. We assume that a Caltrans and any private encroachment permit will be provided by the Agency. We will field locate the borings and call for USA clearance. 2.2.2.Field Exploration: The boring program is provided in the table below. Project Element Number of Borings Approximate Depths Segment 1, 2 & 3 - Primarily roadway work. 5 3’ Segments 4-14, retaining walls (6400 feet)21 15’ These explorations will provide an evaluation of subsurface conditions for the proposed roadway portion and the retaining wall foundations of the project. The boring locations will depend upon the available access and any boring data from previous studies. We anticipate using a truck mounted drill rig for our work. Some traffic control is assumed at this time in areas where necessary. Classify and continuously log subsurface soil conditions encountered in each test boring at the time of drilling. Obtain "relatively undisturbed" and bulk samples of substrata from test borings. The borings will be drilled and capped in accordance with the permit requirements. Generally the borings are required to be backfilled with cement grout. 2.2.3.Laboratory Testing: Perform laboratory tests on representative soil samples such as moisture density, unconfined compression, gradation analyses, R-value tests, corrosion tests and Plasticity Index test, as necessary. 2.2.4.Soils Analysis/Evaluation: Perform engineering analyses and develop design recommendations for the proposed retaining walls and new pavement design. There may be a need to review with Caltrans (Type selection) of any non-standard walls that may be proposed for the project. 2.2.5.Prepare Draft Geotechnical Design and Materials Report: Prepare preliminary recommendations for retaining walls and for pavement sections as per Caltrans guidelines. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 7 of 84Exhibit A Hwy 9 Safety Improvements Phase 2 -Scope of Services BKF Job No. 20076049 October 19, 2009 Page 3 of 6 P:\Eng07\076049\Fee Proposal\Scope\Scope 10-15-09.doc 2.2.6.Prepare Final Geotechnical Design and Materials Report: Prepare detail report including design recommendations for embankment foundation, parking facility, and pavement sections. Also specified in the report will be information on recommended slopes, groundwater conditions, corrosion evaluations, etc. 2.2.7.Using the project plans as a base map, we will provide boring logs, unless otherwise specified standard LOTB will be provided. 2.2.8.Design Review Consultation through final design. Assist design team during design review process and attend meetings(if necessary) 2.3 GATHER SITE INFORMATION. Retrieve existing site improvement plans, CAD files, and relative information regarding existing site conditions. Using record plans, maps and studies (provided by agencies) update and supplement the project base sheets. 2.4 UTILITY COORDINATION: Request information from dry utilities (electric, gas, telephone, cable) on existing facilities, maps and discuss any possible capital improvements within the project limits. Coordinate with wet utilities (water, sewer, and storm drain) to gather existing facility maps and discuss any possible capital improvements or replacement of existing facilities in the project limits. 2.5 DEVELOP CONCEPTS: Using the project base sheets, the design team will begin preparation of conceptual design alternatives for each segment for the project showing: 2.5.1.Approximate location of improvements and impacts to existing facilities, properties, and vegetation 2.5.2.Cross Sections and details at critical locations showing both the vertical and horizontal opportunities and constraints 2.5.3.Use of non-standard retaining walls will require coordination and approval from Caltrans, including preparation of a Retaining Wall Type Selection Memorandum and attendance of a Type Selection Meeting. 2.6 CONCEPTUAL SITE WALK: BKF will conduct a site walk with the City to evaluate the viability of the design concepts generated in Task 2.5. 2.7 REFINE CONCEPTS: The design team will refine the conceptual alternatives based on the results from the site walk. 2.8PUBLIC MEETING PREPARATION: BKF will prepare exhibits of the project alternatives for presentation at two public meetings. The exhibits will show information about potential impacts to properties adjacent to the project. Conceptual construction City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 8 of 84Exhibit A Hwy 9 Safety Improvements Phase 2 -Scope of Services BKF Job No. 20076049 October 19, 2009 Page 4 of 6 P:\Eng07\076049\Fee Proposal\Scope\Scope 10-15-09.doc costs associated with each alternative will be available at the meetings so the public can understand the financial constraints. TASK 3 -60 % CONSTRUCTION DOCUMENT PLAN PACKAGE 3.1 CONCEPT REFINEMENT: Design team will summarize the input generated from the Public Meetings in Task II. Using this input, new conceptual designs will be prepared and evaluated. 3.2 CONCEPTUAL PLAN SUBMITTAL: The design team will submit to the City a revised conceptual plan package for review and comment. 3.3 CITY MEETING: BKF will meet with the City and the agencies to discuss, modify and agree to the preferred alternative for each segment. These concepts will be used for the basis of design for the remainder of the project. 3.4 CEQA DOCUMENTS: Environmental consultant will conduct a site walk with design team and city. Environmental consultant will attend field review meeting with Caltrans. 3.5 60% PLAN, SPECIFICATIONS, AND ESTIMATES: Using the concepts agreed upon in Task 3.3, the design team will prepare a 60% Construction Document Plan Package which will include: 3.5.1.Cover Sheet, General Notes, and Key Maps 3.5.2.Prepare 1” = 20’ scale plan view design sheets showing: 3.5.2.1.Demolition identifying specific items that are to be removed, relocated, or salvaged by the contractor showing type and limits to be removed 3.5.2.2.Layout showing horizontal alignments 3.5.2.3.Grading for vertical control of improvements 3.5.3.Retaining wall plan and profile sheets showing location and heights of walls 3.5.4.Details and Sections showing cross sections and details at key locations to clearly indicate the intent of the design 3.5.5.Traffic Handling Plan showing the phasing and type of traffic handling to be used during construction for segments adjacent to the roadway or pedestrian traveled way. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 9 of 84Exhibit A Hwy 9 Safety Improvements Phase 2 -Scope of Services BKF Job No. 20076049 October 19, 2009 Page 5 of 6 P:\Eng07\076049\Fee Proposal\Scope\Scope 10-15-09.doc 3.5.6.Outline of Technical Specifications for the project 3.5.7.Prepare Construction Cost Estimate using the 60% Plans and Specifications 3.6 60% PS&E SUBMITTAL: The Design team will assemble and coordinate an in-house Quality Control review of the 60% PS&E package. The team will refine the package and submit to the City for review and comment 3.7 60% PS&E REVIEW MEETING: The design team will meet with the City to discuss their internal review and comments. Items needing additional clarification will be identified and addressed by the team. 3.8 SITE VISITS: BKF in coordination with City Staff will meet with the property owners adjacent to the project limits on-site to discuss and identify concerns. BKF will summarize the property owners concerns and submit to the City for direction on whether or not to incorporate into the 60% PS&E design. TASK 4 -90 % CONSTRUCTION DOCUMENT PLAN PACKAGE 4.1 CITY MEETING: BKF will meet with the City to discuss the findings of the meetings conducted with the individual property owners. Items discussed in the field will be evaluated and the possibility of incorporation into the construction documents determined. 4.2 90% PS&E PACKAGE: Revise 60% PS&E Plan Package incorporating written comments provided by City and prepare 90% PS&E Package which will include: 4.2.1.Cover Sheet, General Notes, and Key Maps 4.2.2.Prepare 20 scale Plan view design sheets showing: 4.2.2.1.Demolition 4.2.2.2.Layout 4.2.2.3.Grading 4.2.3.Retaining wall plan and profile sheets 4.2.4.Details and Sections sheets necessary to show intent of design 4.2.5.Traffic Handling Plans 4.2.6.Specifications City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 10 of 84Exhibit A Hwy 9 Safety Improvements Phase 2 -Scope of Services BKF Job No. 20076049 October 19, 2009 Page 6 of 6 P:\Eng07\076049\Fee Proposal\Scope\Scope 10-15-09.doc 4.2.7.Construction Cost Estimate based on 90% Plans and Specifications 4.3 90% PS&E SUBMITTAL: The design team will assemble and coordinate an in-house quality control review of the 90% PS&E package. The team will update the package and submit to the City for review and comment. 4.4 REVIEW MEETING: BKF will meet with the City to discuss 90% PS&E review comments. TASK 5 -100 % CONSTRUCTION DOCUMENT PLAN PACKAGE 5.1 100% PS&E PLAN PACKAGE: Modify the 90% PS&E Plan Package incorporating written comments on the provided by City and prepare 100% PS&E Package for bidding. 5.2 100% PS&E SUBMITTAL: The design team will assemble the final PS&E Bid Ready documents and provide the City the package in both hard copy and electronic form (PDF, MS Word, MS Excel, and AutoCAD). TASK 6 -BIDDING PHASE 6.1 PRE-BID MEETING. Administer and record pre-bid Meeting. 6.2 DESIGN CLARIFICATIONS. During the bidding phase, provide office consultation to bidding contractors. Provide formal clarifications issued in writing to all bidding contractors. TASK 7 -CONSTRUCTION SERVICES 7.1 PRE-CONSTRUCTION MEETING. Attend and document Pre-construction meeting with agencies, contractor and utility companies. 7.2 SITE MEETINGS: Attend site meetings as coordinated by the City for individual property owners adjacent to the project. Meeting will be to discuss the construction efforts and identify any concerns. 7.3 RFI and CHANGE ORDERS: The design team will review and respond promptly to contractor RFI submitted via the City’s Construction Manager. Change Orders submitted to the City will be evaluated by the design team. 7.4 RECORD DRAWINGS: Prepare record drawings based on the City supplied Contractor’s red lined drawings for each segment. Record Drawings will be provided to the City on Mylar as well as an electronic copy in AutoCAD format. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 11 of 84Exhibit A BKF Engineers 1650 Technology Drive, Suite 200 San Jose, CA 95110 Tel 408.467.9100, Fax 408.467.9199 Revised: 11/2/09 Hwy 9 Safety Improvements Project Phase 2 Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60% Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 86 0 0 0 0 0 0 86 13,588$ Task 2 14 84.5 27 36 267 0 0 118 546.5 77,476$ Task 3 14 121 26 32 411 0 0 12 616 73,129$ Task 4 15 65 6 54 392 0 0 8 540 61,554$ Task 5 14 35 0 8 190 0 0 0 247 28,280$ Task 6 0 21 14 0 14 0 0 0 49 6,580$ Task 7 0 36 14 0 42 0 0 0 92 11,778$ BKF 57 448.5 87 130 1316 0 0 138 2,176.5 Subtotal $10,716 $70,863 $11,484 $15,080 $132,916 $0 $0 $31,326 272,385$ Reimbursable Expenses: Printing 4.0% of professional fees 10,895$ Delivery/ Mileage 4.0% of professional fees 10,895$ Total Reimbursable Budget 21,791$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 42,000$ 2 Biggs Cardosa Associates - Structural Engineering - Retaining Walls Only 122,962$ 3 Parikh Consultants Inc - Geotechnical Engineering (Retaining Walls)39,100$ Total Subconsultant Budget 204,062$ Total Budget 498,238$ Legend PIC Principal in Charge Eng III Engineer III Eng I Engineer I PM Project Manager Eng II Engineer II Surv Survey Field Crew See Page 2 for Project Assumptions and Exclusions. (All Segments without San Tomas Aquino Creek Bridge) Highway 9 Safety Improvements Project Phase 2 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Scope of Fee and Services SUMMARY OF FEES & HOURS P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page1 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 12 of 84Exhibit A Project Assumptions and Exclusions: 1. It is assumed that the design work will be completed in one phase. 2. It is assumed that the retaining walls will be located within Caltrans ROW and are subject to Caltrans review and approval. 3. Retaining walls are assumed to incorporate baseline aesthetic treatments in the form of colored concrete and/or standard retaining walls. Enhanced aesthetic treatments beyond baseline concepts for retaining walls is outside the scope and shall be considered extra work. 4. The geotechnical program will be in accordance with Caltrans standards and borings are generally required at about 300' spacing. Considering the uniform cuts and relatively short heights the boring are proposed to be spaced at about 400 feet. The borings are estimated to be 3 times the height and therefore the maximum depth is about 15 feet. 5. Project will not include work within creeks, drainages or wetlands. It is anticipated the San Tomas Aquino Creek crossing will not be included in this phase of work. 6. Project qualifies for a Categorical Exemption under CEQA. It is anticipated that a new Field Review will be necessary. 7. Assume the project NEPA is complete. Scope of work assumes no studies or tasks for NEPA since Caltrans has completed NEPA process (Categorical Exclusion dated 2/8/08). 8. Surveys for threatened /endangered/ special status species will not be needed 9. Surface archeological testing will not be required. 10. Historic evaluations of structures and/or buildings will not be required. 11. No cultural resources will be impacted by the project 12. This proposal does not anticipate any acquisition needs and does not include any fees associated with fee acquisition, legal descriptions, boundary or right or way surveys. 13. The need of this project is based on safety; operational analysis, including traffic counts, modeling, and forecasting is excluded. 14. Any design for 3rd party utility relocation (telephone, communications, PG&E, etc.) shall be considered extra work. 15. It is anticipated that pedestrian access for segment 9 will be provided by an ADA accessible walkway. Any additional structural requirements for ramps, retaining walls, or miscellaneous access structures shall be considered extra work. 16. It is assumed that the Project will not require preparation of a DIB 78. 17. It is assumed that the Project will not require preparation of a Longitudinal or Transversal Utility Exception Report 18. It is assumed that the project will not require modifications to signalized intersections. 19. It is assumed that the Project will not require preparation of a Traffic Management Plan 20. It is assumed that the Project will not require preparation of a Hydraulic/Floodplain Study Report 21. It is assumed that the City of Saratoga will be CEQA Lead Agency 22. Project design units will be imperial (feet). 23. It is assumed that the Project will not require Caltrans' ABC Mapping. 24. Potholing has been excluded from this scope of fee and services. 25. This proposal does not include any intersection modifications at Hwy 9 and Austin or Hwy 9 and Quito including any modifications to the existing traffic signals. 26. It is assumed that no utility relocation plans or coordination will be necessary. 27. Project will not impact parks P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page2 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 13 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 1: Vickery to Mendelsohn Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6 948$ Task 2 1 5 1 0 11 0 0 4 22 3,129$ Task 3 1 4 1 0 15 0 0 0 21 2,467$ Task 4 1 3 0 2 12 0 0 0 18 2,106$ Task 5 1 1 0 0 8 0 0 0 10 1,154$ Task 6 0 1.5 1 0 1 0 0 0 4 470$ Task 7 0 1.5 1 0 3 0 0 0 6 672$ BKF 4 22 4 2 50 0 0 4 86 Subtotal $752 $3,476 $528 $232 $5,050 $0 $0 $908 10,946$ Reimbursable Expenses: Printing 4.0% of professional fees 438$ Delivery/ Mileage 4.0% of professional fees 438$ Total Reimbursable Budget 876$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering -$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page -$ Total Subconsultant Budget 3,000$ Total Budget 14,822$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Segment 1 Page3 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 14 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 1 46 1,167$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 -$ Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 11 2 4 548$ Task 2.6 1 1 158$ Task 2.7 1 4 5 562$ Task 2.8 1 2 3 360$ Subtotal 15101100422 3,129$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (1 Individual Owner anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)-$ Task 3.5 11 10 12 1,356$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 1 1 158$ Subtotal 14101500021 2,467$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Segment 1 Page4 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 15 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 11 2 10 14 1,588$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 Subtotal 13021200018 2,106$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 11 6 8 952$ Task 5.2 2 2 202$ Subtotal 1100800010 1,154$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (1 Individual Owner anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 0.5 0.5 79$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 0 1.51030005.5 672$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Segment 1 Page5 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 16 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 2: Three Oaks - Fruitvale Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6 948$ Task 2 1 6.5 1 8 23 0 0 8 48 6,414$ Task 3 1 15 1 2 29 0 0 0 48 5,851$ Task 4 1 4 0 6 34 0 0 0 45 4,950$ Task 5 1 2 0 0 18 0 0 0 21 2,322$ Task 6 0 1.5 1 0 1 0 0 0 4 470$ Task 7 0 7 1 0 3 0 0 0 11 1,541$ BKF 4 42 4 16 108 0 0 8 182 Subtotal $752 $6,636 $528 $1,856 $10,908 $0 $0 $1,816 22,496$ Reimbursable Expenses: Printing 4.0% of professional fees 900$ Delivery/ Mileage 4.0% of professional fees 900$ Total Reimbursable Budget 1,800$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering -$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page -$ Total Subconsultant Budget 3,000$ Total Budget 27,296$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Segment 2 Page6 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 17 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1.5 1 8 10.5 2,154$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 4 12 19 2,180$ Task 2.6 1 1 158$ Task 2.7 1 24 7 794$ Task 2.8 1 24 7 794$ Subtotal 1 6.518 2300847.5 6,414$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (11 Individual Owners anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 12 2 24 29 3,160$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 11 11 1,738$ Subtotal 115122900048 5,851$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Segment 2 Page7 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 18 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 12 6 32 41 4,432$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 14063400045 4,950$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 11 16 18 1,962$ Task 5.2 1 2 3 360$ Subtotal 12001800021 2,322$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (11 Individual Owners anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 6 6 948$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 0710300011 1,541$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Segment 2 Page8 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 19 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 3: Fruitvale - Via Colina Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6.0 948$ Task 2 1 6 2 2 21 0 0 16 48.0 7,385$ Task 3 1 12 1 2 28 0 0 0 44.0 5,276$ Task 4 1 4 0 4 34 0 0 0 43.0 4,718$ Task 5 1 2 0 2 18 0 0 0 23.0 2,554$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 5 1 0 3 0 0 0 9.0 1,225$ BKF 4 36.5 5 10 105 0 0 16 176.5 Subtotal $752 $5,767 $660 $1,160 $10,605 $0 $0 $3,632 22,576$ Reimbursable Expenses: Printing 4.0% of professional fees 903$ Delivery/ Mileage 4.0% of professional fees 903$ Total Reimbursable Budget 1,806$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering -$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page -$ Total Subconsultant Budget 3,000$ Total Budget 27,382$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page9 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 20 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 01 1 158$ Task 1.2 1 1 158$ Task 1.3 04 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 1 1618 3,891$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary) Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 12 15 1,716$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 2 3 360$ Subtotal 162221001648 7,385$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (8 Individual Owners anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 0 -$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary) Task 3.5 12 2 24 29 3,160$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 8 8 1,264$ Subtotal 112122800044 5,276$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page10 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 21 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 12 4 32 39 4,200$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 14043400043 4,718$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 11 2 16 20 2,194$ Task 5.2 1 2 3 360$ Subtotal 12021800023 2,554$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (8 Individual Owners anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 4 4 632$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 051030009 1,225$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page11 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 22 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 4: Via Colina - El Camino Real Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6 948$ Task 2 1 6 2 2 13 0 0 8 32 4,761$ Task 3 1 7 1 2 17 0 0 0 28 3,375$ Task 4 1 3 0 2 18 0 0 0 24 2,712$ Task 5 1 2 0 0 10 0 0 0 13 1,514$ Task 6 0 1.5 1 0 1 0 0 0 4 470$ Task 7 0 2.5 1 0 3 0 0 0 7 830$ BKF 4 28 5 6 62 0 0 8 113 Subtotal $752 $4,424 $660 $696 $6,262 $0 $0 $1,816 14,610$ Reimbursable Expenses: Printing 4.0% of professional fees 584$ Delivery/ Mileage 4.0% of professional fees 584$ Total Reimbursable Budget 1,169$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 9,840$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 3,720$ Total Subconsultant Budget 16,560$ Total Budget 32,339$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page12 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 23 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 1 8 10 2,075$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 4 7 908$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 2 3 360$ Subtotal 16221300832 4,761$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (3 Individual Owners anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 12 2 12 17 1,948$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 3 3 474$ Subtotal 17121700028 3,375$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page13 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 24 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 11 2 16 20 2,194$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 13021800024 2,712$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 11 8 10 1,154$ Task 5.2 1 2 3 360$ Subtotal 12001000013 1,514$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (3 Individual Owners anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 1.5 1.5 237$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 0 2.51030006.5 830$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page14 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 25 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 5: Austin - Quito Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6.0 948$ Task 2 1 6 2 4 21 0 0 8 42.0 5,801$ Task 3 1 5 1 6 45 0 0 0 58.0 6,351$ Task 4 1 4 0 4 34 0 0 0 43.0 4,718$ Task 5 1 3 0 0 18 0 0 0 22.0 2,480$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 1.5 1 0 3 0 0 0 5.5 672$ BKF 4 27 5 14 122 0 0 8 180 Subtotal $752 $4,266 $660 $1,624 $12,322 $0 $0 $1,816 21,440$ Reimbursable Expenses: Printing 4.0% of professional fees 858$ Delivery/ Mileage 4.0% of professional fees 858$ Total Reimbursable Budget 1,715$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 24,720$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 5,580$ Total Subconsultant Budget 33,300$ Total Budget 56,455$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page15 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 26 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 1 8 10 2,075$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 12 15 1,716$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 22 5 592$ Subtotal 16242100842 5,801$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (1 Individual Owner anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 12 6 40 49 5,240$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 1 1 158$ Subtotal 15164500058 6,351$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page16 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 27 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 12 4 32 39 4,200$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 14043400043 4,718$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 12 16 19 2,120$ Task 5.2 1 2 3 360$ Subtotal 13001800022 2,480$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (1 Individual Owner anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 0.5 0.5 79$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 0 1.51030005.5 672$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page17 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 28 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 6: Quito-Daves Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6.0 948$ Task 2 1 6 2 2 13 0 0 4 28.0 3,853$ Task 3 1 4 1 0 17 0 0 0 23.0 2,669$ Task 4 1 4 0 0 18 0 0 0 23.0 2,638$ Task 5 1 3 0 0 10 0 0 0 14.0 1,672$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 1 1 0 3 0 0 0 5.0 593$ BKF 4 25.5 5 2 62 0 0 4 102.5 Subtotal $752 $4,029 $660 $232 $6,262 $0 $0 $908 12,843$ Reimbursable Expenses: Printing 4.0% of professional fees 514$ Delivery/ Mileage 4.0% of professional fees 514$ Total Reimbursable Budget 1,027$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 8,400$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 3,720$ Total Subconsultant Budget 15,120$ Total Budget 28,990$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page18 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 29 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 1 46 1,167$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 4 7 908$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 2 3 360$ Subtotal 16221300428 3,853$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site( None anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 12 12 15 1,716$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 0 0 -$ Subtotal 14101700023 2,669$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page19 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 30 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 12 16 19 2,120$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 14001800023 2,638$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 12 8 11 1,312$ Task 5.2 1 2 3 360$ Subtotal 13001000014 1,672$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (None anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 0 0 -$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 011030005 593$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page20 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 31 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 7: Daves-Lexington Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6.0 948$ Task 2 1 6 2 4 21 0 0 8 42.0 5,801$ Task 3 1 10 1 4 45 0 0 0 61.0 6,909$ Task 4 1 6 0 6 46 0 0 0 59.0 6,478$ Task 5 1 3 0 2 18 0 0 0 24.0 2,712$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 3 1 0 3 0 0 0 7.0 909$ BKF 4 35.5 5 16 134 0 0 8 202.5 Subtotal $752 $5,609 $660 $1,856 $13,534 $0 $0 $1,816 24,227$ Reimbursable Expenses: Printing 4.0% of professional fees 969$ Delivery/ Mileage 4.0% of professional fees 969$ Total Reimbursable Budget 1,938$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 19,800$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 5,580$ Total Subconsultant Budget 28,380$ Total Budget 54,545$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page21 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 32 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 1 8 10 2,075$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 12 15 1,716$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 22 5 592$ Subtotal 16242100842 5,801$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (4 Individual Owners anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 14 4 40 49 5,324$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 4 4 632$ Subtotal 110144500061 6,909$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page22 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 33 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 14 6 44 55 5,960$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 16064600059 6,478$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 12 2 16 21 2,352$ Task 5.2 1 2 3 360$ Subtotal 13021800024 2,712$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (4 Individual Owners anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 2 2 316$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 031030007 909$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page23 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 34 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 8: Lexington-GrandView Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6 948$ Task 2 1 5 2 2 13 0 0 4 27 3,695$ Task 3 1 5 1 2 17 0 0 0 26 3,059$ Task 4 1 3 0 6 14 0 0 0 24 2,772$ Task 5 1 2 0 0 8 0 0 0 11 1,312$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 1.5 1 0 3 0 0 0 5.5 672$ BKF 4 24 5 10 56 0 0 4 103.0 Subtotal $752 $3,792 $660 $1,160 $5,656 $0 $0 $908 12,928$ Reimbursable Expenses: Printing 4.0% of professional fees 517$ Delivery/ Mileage 4.0% of professional fees 517$ Total Reimbursable Budget 1,034$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 4,200$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 3,720$ Total Subconsultant Budget 10,920$ Total Budget 24,882$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page24 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 35 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 1 46 1,167$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 11 4 6 750$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 2 3 360$ Subtotal 15221300427 3,695$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (1 Individual Owner anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 12 2 12 17 1,948$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 1 1 158$ Subtotal 15121700026 3,059$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page25 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 36 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 11 6 12 20 2,254$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 13061400024 2,772$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 11 6 8 952$ Task 5.2 1 2 3 360$ Subtotal 1200800011 1,312$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (1 Individual Owner anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 0.5 0.5 79$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 0 1.51030005.5 672$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page26 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 37 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 9: Across from Oak Place Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 8 0 0 0 0 0 0 8 1,264$ Task 2 1 8 2 2 27 0 0 6 46 6,037$ Task 3 1 16 13 4 23 0 0 12 69 9,943$ Task 4 2 10 6 4 26 0 0 8 56 7,654$ Task 5 1 2 0 2 10 0 0 0 15 1,746$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 2 1 0 3 0 0 0 6 751$ BKF 5 47.5 23 12 90 0 0 26 204 Subtotal $940 $7,505 $3,036 $1,392 $9,090 $0 $0 $5,902 27,865$ Reimbursable Expenses: Printing 4.0% of professional fees 1,115$ Delivery/ Mileage 4.0% of professional fees 1,115$ Total Reimbursable Budget 2,229$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 2,400$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 1,860$ Total Subconsultant Budget 7,260$ Total Budget 37,354$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page27 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 38 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 2 2 316$ Task 1.2 2 316$ Task 1.3 4 4 632$ Subtotal 080000006 1,264$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting Task 2.9 Conduct Right of Way Survey to establish property lines. TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 2 69 1,722$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 2 3 334$ Task 2.5 13 12 16 1,874$ Task 2.6 11 2 290$ Task 2.7 2 28 12 1,356$ Task 2.8 1 2 3 360$ Subtotal 18222700646 6,037$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page28 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 39 of 84Exhibit A Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Conduct Right of Way Analysis Task 3.6 Prepare 60% PS&E Documents Task 3.6.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.6.2 Prepare Plan View Design Drawings Task 3.6.3 Prepare Retaining Wall Plans including profiles Task 3.6.4 Prepare Detail Sheets and Sections Task 3.6.5 Prepare Traffic Handling Plan Task 3.6.6 Prepare Outline of Specifications Task 3.6.7 Prepare Construction Cost Estimate Task 3.7 Submit 60 % PS&E Package to City for Review Task 3.8 Meet with City to discuss 60% Review Comments Task 3.9 Site Visits with Property Owners On-Site (2 Individual Owners anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 4 5 536$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 8 12 1232 5,572$ Task 3.6 14 4 16 25 2,900$ Task 3.7 1 2 3 360$ Task 3.8 0.5 0.5 79$ Task 3.9 2 2 316$ Subtotal 11613423001269 9,943$ Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Finalize Right of Way Analysis Task 4.3 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.4 Submit 90 % PS&E Package to City for Review Task 4.5 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 146 8 19 3,428$ Task 4.3 14 4 24 33 3,708$ Task 4.4 1 2 3 360$ Task 4.5 0.5 0.5 79$ Subtotal 210642600856 7,654$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page29 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 40 of 84Exhibit A Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 11 28 12 1,386$ Task 5.2 1 2 3 360$ Subtotal 12021000015 1,746$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (2 Individual Owners anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 1 1 158$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 021030006 751$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page30 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 41 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 10: Aloha to Vickery Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6 948$ Task 2 1 6 2 2 15 0 0 8 34 4,963$ Task 3 1 5 1 0 21 0 0 0 28 3,231$ Task 4 1 4 0 0 14 0 0 0 19 2,234$ Task 5 1 3 0 0 12 0 0 0 16 1,874$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 3 1 0 3 0 0 0 7 909$ BKF 4 28.5 5 2 66 0 0 8 113.5 Subtotal $752 $4,503 $660 $232 $6,666 $0 $0 $1,816 14,629$ Reimbursable Expenses: Printing 4.0% of professional fees 585$ Delivery/ Mileage 4.0% of professional fees 585$ Total Reimbursable Budget 1,170$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 2,400$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 1,900$ Total Subconsultant Budget 7,300$ Total Budget 23,099$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page31 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 42 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 1 8 10 2,075$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 6 9 1,110$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 2 3 360$ Subtotal 16221500834 4,963$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (4 Individual Owners anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 12 12 15 1,716$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 1 4 5 562$ Subtotal 15102100028 3,231$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page32 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 43 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 12 12 15 1,716$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 14001400019 2,234$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 12 10 13 1,514$ Task 5.2 1 2 3 360$ Subtotal 13001200016 1,874$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (4 Individual Owners anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 2 2 316$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 031030007 909$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page33 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 44 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 11: El Camino-Austin Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6 948$ Task 2 1 6 3 0 25 0 0 8 43 5,873$ Task 3 1 10 1 4 45 0 0 0 61 6,909$ Task 4 1 6 0 4 34 0 0 0 45 5,034$ Task 5 1 3 0 0 14 0 0 0 18 2,076$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 3 1 0 3 0 0 0 7 909$ BKF 4 35.5 6 8 122 0 0 8 183.5 Subtotal $752 $5,609 $792 $928 $12,322 $0 $0 $1,816 22,219$ Reimbursable Expenses: Printing 4.0% of professional fees 889$ Delivery/ Mileage 4.0% of professional fees 889$ Total Reimbursable Budget 1,778$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 32,602$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 7,440$ Total Subconsultant Budget 43,042$ Total Budget 67,039$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page34 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 45 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 1 8 10 2,075$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 16 19 2,120$ Task 2.6 11 2 290$ Task 2.7 11 4 6 694$ Task 2.8 1 2 3 360$ Subtotal 16302500843 5,873$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (4 Individual Owners anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 14 4 40 49 5,324$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 4 4 632$ Subtotal 110144500061 6,909$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page35 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 46 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 14 4 32 41 4,516$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 16043400045 5,034$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 12 12 15 1,716$ Task 5.2 1 2 3 360$ Subtotal 13001400018 2,076$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (4 Individual Owners anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 2 2 316$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 031030007 909$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page36 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 47 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 12: Grandview to Viewfield Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6 948$ Task 2 1 6 2 4 28 0 0 16 57 8,324$ Task 3 1 14 1 6 45 0 0 0 67 7,773$ Task 4 1 6 0 16 46 0 0 0 69 7,638$ Task 5 1 3 0 2 18 0 0 0 24 2,712$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 3 1 0 3 0 0 0 7 909$ BKF 4 39.5 5 28 141 0 0 16 233.5 Subtotal $752 $6,241 $660 $3,248 $14,241 $0 $0 $3,632 28,774$ Reimbursable Expenses: Printing 4.0% of professional fees 1,151$ Delivery/ Mileage 4.0% of professional fees 1,151$ Total Reimbursable Budget 2,302$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 9,000$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 3,720$ Total Subconsultant Budget 15,720$ Total Budget 46,796$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page37 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 48 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 8 1625 4,598$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 12 15 1,716$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 22 5 592$ Subtotal 162428001657 8,324$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site (4 Individual Owners anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 18 6 40 55 6,188$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 4 4 632$ Subtotal 114164500067 7,773$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page38 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 49 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 14 1644 65 7,120$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 160164600069 7,638$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 12 2 16 21 2,352$ Task 5.2 1 2 3 360$ Subtotal 13021800024 2,712$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (4 Individual Owners anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 2 2 316$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 031030007 909$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page39 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 50 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 13: Viewfield to Rose Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6 948$ Task 2 1 6 2 2 16 0 0 8 35 5,064$ Task 3 1 4 1 0 21 0 0 0 27 3,073$ Task 4 1 4 0 0 26 0 0 0 31 3,446$ Task 5 1 3 0 0 10 0 0 0 14 1,672$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 1 1 0 3 0 0 0 5 593$ BKF 4 25.5 5 2 77 0 0 8 121.5 Subtotal $752 $4,029 $660 $232 $7,777 $0 $0 $1,816 15,266$ Reimbursable Expenses: Printing 4.0% of professional fees 611$ Delivery/ Mileage 4.0% of professional fees 611$ Total Reimbursable Budget 1,221$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 7,200$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page 1,860$ Total Subconsultant Budget 12,060$ Total Budget 28,547$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page40 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 51 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 4 8 13 2,378$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 4 7 908$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 2 3 360$ Subtotal 16221600835 5,064$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site( None anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 12 16 19 2,120$ Task 3.6 1 2 3 360$ Task 3.7 0.5 0.5 79$ Task 3.8 0 0 -$ Subtotal 14102100027 3,073$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page41 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 52 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 12 24 27 2,928$ Task 4.3 1 2 3 360$ Task 4.4 0.5 0.5 79$ Subtotal 14002600031 3,446$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 12 8 11 1,312$ Task 5.2 1 2 3 360$ Subtotal 13001000014 1,672$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (None anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 0 0 -$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 011030005 593$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page42 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 53 of 84Exhibit A SUMMARY OF FEES & HOURS BKF Engineers Scope of Fee and Services 1650 Technology Drive, Suite 200 San Jose, CA 95110 City of Saratoga, Town of Los Gatos, and City of Monte Sereno Tel 408.467.9100, Fax 408.467.9199 Highway 9 Safety Improvements Project Phase 2 Hwy 9 Safety Improvements Project Phase 2 - Segment 14: Rose to LG/MS Limits Task 1 Project Management/Team Leadership Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 3 60 % Construction Documents Package Preparation Task 4 90% Construction Documents Package Preparation Task 5 100% Construction Documents Package Preparation Task 6 Bidding Services Task 7 Construction Services TASK PIC PM Eng III Eng II Eng I Tech Draft Surv Total Cost Rate/hr 188$158$132$116$101$-$-$227$Hours Task 1 0 6 0 0 0 0 0 0 6 948$ Task 2 1 6 2 2 20 0 0 12 43 6,376$ Task 3 1 10 1 0 43 0 0 0 55 6,243$ Task 4 1 4 0 0 36 0 0 0 41 4,456$ Task 5 1 3 0 0 18 0 0 0 22 2,480$ Task 6 0 1.5 1 0 1 0 0 0 3.5 470$ Task 7 0 1 1 0 3 0 0 0 5 593$ BKF 4 31.5 5 2 121 0 0 12 175.5 Subtotal $752 $4,977 $660 $232 $12,221 $0 $0 $2,724 21,566$ Reimbursable Expenses: Printing 4.0% of professional fees 863$ Delivery/ Mileage 4.0% of professional fees 863$ Total Reimbursable Budget 1,725$ Subconsultants: 1 David Powers and Associates - Environmental Engineering 3,000$ 2 Biggs Cardosa Associates - Structural Engineering 2,400$ 3 Parikh Consultants Inc - Geotechnical Engineering - See Option Services on Summary Page -$ Total Subconsultant Budget 5,400$ Total Budget 28,691$ Legend PIC Principal in Charge Eng I Engineer I PM Project Manager Surv Survey Field Crew Eng III Engineer III Eng II Engineer II P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page43 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 54 of 84Exhibit A Task 1 Project Management/Team Leadership Task 1.1 Kick-Off Meeting Task 1.2 Public Meetings (2 Total) Task 1.3 Coordinate Design with Team Members and Consultants TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 1.1 1 1 158$ Task 1.2 1 1 158$ Task 1.3 4 4 632$ Subtotal 060000006 948$ Task 2 Preliminary Investigations, Data Collection, and Conceptual Design Alternatives Task 2.1 Conduct Topographic Survey to supplement Planimetric Mapping (NAD 1983 & NAVD 1988) Task 2.2 Conduct Geotechnical Investigations to support Retaining Walls Task 2.3 Request/Collect/Review available CT and City As-Builts, R/W Record Maps, and other Project Improvements Plans Task 2.4 Request/Collect/Review Available Utility Record Information (as needed) Task 2.5 Develop Conceptual Design Alternatives Task 2.6 Perform Site Visit with City to Verify Conceptual Design Alternatives Task 2.7 Refine Conceptual Design Alternatives Task 2.8 Prepare Exhibits for Public Meeting TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 2.1 1 8 1221 3,690$ Task 2.2 Parikh Consultants, Inc.(see fee under optional services in summary)0 Task 2.3 1 1 101$ Task 2.4 1 1 2 233$ Task 2.5 12 4 7 908$ Task 2.6 11 2 290$ Task 2.7 1 24 7 794$ Task 2.8 1 2 3 360$ Subtotal 162220001243 6,376$ Task 3 60 % Construction Documents Package Preparation Task 3.1 Refine Conceptual Design Alternatives to incorporate Public Input Task 3.2 Submit Refined Concept Design to City for Review Task 3.3 Meet with City to confirm final Conceptual Design Task 3.4 Prepare CEQA Categorical Exemption Task 3.5 Prepare 60% PS&E Documents Task 3.5.1 Prepare Cover Sheet, General Notes and Key Maps Task 3.5.2 Prepare Plan View Design Drawings Task 3.5.3 Prepare Retaining Wall Plans including profiles Task 3.5.4 Prepare Detail Sheets and Sections Task 3.5.5 Prepare Traffic Handling Plan Task 3.5.6 Prepare Outline of Specifications Task 3.5.7 Prepare Construction Cost Estimate Task 3.6 Submit 60 % PS&E Package to City for Review Task 3.7 Meet with City to discuss 60% Review Comments Task 3.8 Site Visits with Property Owners On-Site( None anticipated) TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 3.1 1 2 3 334$ Task 3.2 1 1 101$ Task 3.3 0.5 0.5 79$ Task 3.4 David Powers and Associates(see fee in summary)0 Task 3.5 18 36 45 5,088$ Task 3.6 1 4 5 562$ Task 3.7 0.5 0.5 79$ Task 3.8 0 0 -$ Subtotal 110104300055 6,243$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page44 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 55 of 84Exhibit A Task 4 90% Construction Documents Package Preparation Task 4.1 Meet with City to discuss Site Visit comments determine viability Task 4.2 Incorporate 60% Review comments and Prepare 90% PS&E Package Task 4.3 Submit 90 % PS&E Package to City for Review Task 4.4 Meet with City to discuss 90% Review Comments TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 4.1 0.5 0.5 79$ Task 4.2 12 32 35 3,736$ Task 4.3 1 4 5 562$ Task 4.4 0.5 0.5 79$ Subtotal 14003600041 4,456$ Task 5 100% Construction Documents Package Preparation Task 5.1 Incorporate 90% Review comments and Prepare 100% PS&E Package for Bidding Task 5.2 Submit 100 % PS&E to City for Bidding TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 5.1 12 16 19 2,120$ Task 5.2 1 2 3 360$ Subtotal 13001800022 2,480$ Task 6 Bidding Services Task 6.1 Assist City in Bidding period and attend Pre-Bid Meeting Task 6.2 Provide Clarifications to Bidding Documents per Contractor Inquires TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 6.1 0.5 0.5 79$ Task 6.2 11 1 3 391$ Subtotal 0 1.51010003.5 470$ Task 7 Construction Services Task 7.1 Attend Pre-Construction Meeting Task 7.2 Site Visits with Property Owners On-Site (None anticipated) Task 7.3 Respond to RFIs and evaluate Change Orders Task 7.4 Prepare Record Drawings based on red lines provided by City TASK PIC PM Eng IIIEng II Eng I Tech Draft Surv Tot Hrs Cost Task 7.1 0.5 0.5 79$ Task 7.2 0 0 -$ Task 7.3 0.51 1 2.5 312$ Task 7.4 2 2 202$ Subtotal 011030005 593$ P:\Eng07\076049\Fee Proposal\Final Fee\11-2\All Segments without Bridge Hwy 9 Safety Improvement Project Phase 2 - 11-2-09.XLS] Page45 of 45 Printed 11/2/2009 City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 56 of 84Exhibit A EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of $ 498,238 (Four hundred ninety eight thousand two hundred thirty eight Dollars) for work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be the total which City shall pay for the work product to be provided by Contractor pursuant to this Agreement. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 57 of 84Exhibit B EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 58 of 84Exhibit C EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. After this Agreement has been in effect for at least one full calendar year, the unit prices paid as indicated in Exhibit B may be adjusted each fiscal year based on the San Francisco Bay Area Consumer Price Index (CPI) for urban wage earners and clerical workers for the year ending with November; provided, however, any such adjustment to the unit prices shall not increase the maximum contract City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 59 of 84Exhibit D amount set forth in this Agreement. The Contractor request adjustments in writing prior to March 1 for the following fiscal year. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 60 of 84Exhibit D establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. c. Prevailing Wages. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with California Labor Code Section 1771, all contractors and subcontractors on this public work project shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”). Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file at 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 61 of 84Exhibit D 9. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended, and Section 1771 of the California Labor Code. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 62 of 84Exhibit D 10. DOCUMENTS AND RECORDS Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. City agrees that Contractor shall bear no responsibility for any modifications by others made to the documents prepared by the Contractor. City also agrees that Contractor shall bear no responsibility for any re-use by third parties of the documents prepared by Contractor. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. ______________________________ Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 63 of 84Exhibit D past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on Contractor’s negligence, recklessness, or willful misconduct. Contractor is required to pay prevailing wages, in accordance with Section 1771 of the California Labor Code; Contractor must also ensure that prevailing wages are paid by any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, be protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost as set forth below. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including reasonable costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement in a manner that is negligent, reckless or in willful misconduct. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. City of Saratoga: Independent Contractor Agreement Highway 9 Phase II Exhibit D Page 64 of 84 c. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 65 of 84Exhibit D default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 66 of 84Exhibit D Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. 23. Covenant Against Contingent Fees The Contractor warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Contractor; to solicit or secure this agreement; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this agreement. For breach or violation of this warranty, the local agency shall have the right to annul this agreement without liability, or at its discretion; to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 24. Patent Rights Contractor agrees to applicable patent rights provisions described in 41 CFR 1-9.1 regarding rights to inventions. 25. Subcontractors, Assignment and Transfer All subcontracts exceeding $25,000 in cost shall contain all required provisions of the prime contract. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 67 of 84Exhibit D 26. Contractor’s Endorsement on PS&E/Other Data The responsible Contractor/Consultant/Engineer shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by him/her, and where appropriate, indicate his/her California registration number. 27. DBE and UDBE Considerations In conformance with Title 49 Code of the Code of Federal Regulations Part 26 Caltrans Local Assistance Procedures Manual and Caltrans Local Programs Procedures The City of Saratoga has established an Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level and Underutilized DBE (UDBE) goal for federal fiscal year 2009/2010 beginning on October 1st and ending on September 30th. Contractors must give consideration to DBE firms as specified in 23 CFR 172.5(b), 49 CFR Part 26, and in Exhibit 10-I “Notice to Bidders/Proposers Disadvantaged Business Enterprise Information.” (Exhibit F) The contract has an under-utilized DBE (UDBE) goal, the Contractor must meet the UDBE goal by using UDBEs as subcontractors/subconsultants or document a good faith effort to meet the goal. If a UDBE subcontractor/subconsultant is unable to perform, the Contractor must make a good faith effort to replace him/her with another UDBE subcontractor/subconsultant if the goal is not otherwise met. The Annual Anticipated DBE participation level (AADPL) has been established at 3.88% (1.12% Race Neutral and 2.76% Race Conscious). The Underutilized DBE (UDBE) has been established at 2.76% The Contractor agrees to comply with DBE and UDBE requirements. See attached Local Assistance Procedures Manual Exhibits 10-O1 and 10-O2 (Exhibit F). 28. Nonlobbying Certification For Federal-Aid Contracts The Contractor agrees to comply with items 1 and 2 of the attached Local Assistance Procedures Manual Exhibit 10-P (Exhibit F). Furthermore, the Contractor agrees to require that the language of this Certification be included in all lower-tier subcontracts which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 68 of 84Exhibit D EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $2,000,000 per occurrence for bodily injury and property damage ___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage City of Saratoga: Independent Contractor Agreement Highway 9 Phase II Exhibit E Page 69 of 84 ___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate ___ $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, Town of Los Gatos and City of Monte Sereno and their officers, officials, boards, commissions, employees, volunteers and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the City of Saratoga: Independent Contractor Agreement Highway 9 Phase II Exhibit E Page 70 of 84 mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." X All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. 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, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor'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. City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 71 of 84Exhibit E 3. 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. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 72 of 84Exhibit E City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 73 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 74 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 75 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 76 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 77 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 78 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 79 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 80 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 81 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 82 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 83 of 84Exhibit F City of Saratoga:Independent Contractor Agreement Highway 9 Phase II Page 84 of 84Exhibit F