2006/05/23 City Council Resolution (8)RESOLUTION NO. 2006-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
WINZLER & KELLY CONSULTING ENGINEERS TO PROVIDE ENGINEERING
SERVICES FOR THE DEVELOPMENT OF PEDESTRIAN - ORIENTED PUBLIC
IMPROVEMENTS IN THE CITY CENTER AREA
WHEREAS, the City of Rohnert Park adopted a Concept Plan in 2002 for its City Center
Area with the intention of creating the City's "Downtown" at this location. The Concept Plan includes
twelve Principles, one of which is the creation of a pedestrian- oriented main street along City Center
Drive to Commerce Blvd. and one which identifies the need for the creation of a major public plaza and
gathering place for public events; and
WHEREAS, the City desires to contract with a firm to provide engineering services for the
development of a downtown plaza in the City Center Area; and
WHEREAS, WmAer & Kelly Consulting Engineers is qualified and experienced to provide
such services, has submitted a proposal for engineering services, and has been selected by Staff as the
most appropriate consultant for the City Center Drive Pedestrian hnprovement Project.
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve an agreement by and between Winzler & Kelly Consulting Engineers and
the City of Rohnert Park, a municipal corporation, engineering services associated with for the
development of pedestrian- oriented public improvements in the City Center Area; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the Agreement, negotiate future changes to the Agreement, and execute any future
Amendments necessitated by those changes.
DULY AND REGULARLY ADOPTED this 23r1 day of May, 2006.
ATTEST:
City Clerk
CITY OF ROHNER -®
May im Smith
BREEZE: AYE FL.ORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into this day of , 2006, by and between
the City of Rohnert Park, hereinafter referred to as the "City," and Winzler & Kelly Consulting
Engineers, hereinafter referred to as the "Consultant. "
WHEREAS, the City of Rohnert Park adopted a Concept Plan in 2002 for its City Center
Area with the intention of creating the City's "Downtown" at this location. The Concept Plan
includes twelve Principles, one of which is the creation of a pedestrian- oriented main street along
City Center Drive to Commerce Blvd. and one which identifies the need for the creation of a
major public plaza and gathering place for public events; and
WHEREAS, the City desires to contract with a firm to provide engineering services for
the development of pedestrian improvements along City Center Drive in the City Center Area;
and
WHEREAS, the Consultant is qualified and experienced to provide such services, has
submitted a proposal for engineering services, and has been selected by Staff as the most
appropriate consultant for the City Center Drive Pedestrian Improvement Project; and
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1. SCOPE OF WORK. Consultant shall perform those services described in the
Letter of Proposal, dated May 16, 2006, a copy of which is attached hereto and incorporated
herein as Exhibit A (the "Proposal "), within the time frames stated therein.
2. COORDINATION. Consultant shall assign Wendy Ziegler, Project Manager to
personally participate in said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A. CDC shall pay Consultant as compensation in full for such services and
expenses at the rates set forth in the Proposal, with the total sum not to exceed $81,954. Progress
payments will be tied to completion of tasks so all . payments are proportional to the work
completed.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of the City.
In the event the City has not appropriated sufficient funds for payment of Consultant services .
beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the
conclusion of the current fiscal year; payment for additional work is conditional upon future City
appropriation.
4. TERM. The term of this Agreement shall be from the date of its execution until
the completion of the work contemplated by this Agreement and its final acceptance by City
unless terminated earlier as provided herein.
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery, or by mail, or by facsimile (with hard copy to follow in the mail), or
by reputable overnight courier service. Notice will be deemed given five business days following
deposit in the US Mail. Notices, bills and payments sent by mail should be addressed as follows:
TO CITY: CITY OF ROHNERT PARK
6750 COMMERCE BOULEVARD
ROHNERT PARK, CA 94928 -2486
CAS ELLENA, HOUSING & REDEVELOPMENT
TO CONSULTANT: WINZLER & KELLY
495 TESCONI CIRCLE
SANTA ROSA, CA 95401 -8679
WENDY ZIEGLER
and when so addressed, shall be deemed given upon deposit in the United
States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed
given at the time of actual delivery. Changes may be made in the names and addresses of the
person to whom notices, bills and payments are to be given by giving notice pursuant to this
Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work of any approved proposal within the Agreement by written notification to the
Consultant. In such event, the compensation and time of performance shall be subject to
renegotiation upon written demand of either party to the Agreement. Failure of the Consultant to
secure City's written authorization for extra or changed work shall constitute a waiver of any and
all right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate City authorization.
7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and
for any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar
as they are complete and acceptable to the City, and pay the Consultant such equitable proportion
of the total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the
terms of this Agreement.
8. CORRECTION OF WORK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct
any defective, inaccurate or incomplete. work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions
for delays beyond the Consultant's control. Time extensions will be equal to the length of the
delay or as otherwise agreed upon between the Consultant and the City. In such event,
compensation as set forth in the Scope of Work shall be subject to renegotiation upon written
demand of either party to the Agreement.
10. RECORDS OF PERFORMANCE. Consultant shall maintain adequate records of
contract performance costs, expenses, etc., and make these records available for inspection,
audit, and copying by the City during the agreement period and for a period of three (3) years
from the date of final payment.
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government
Code Section 7550, Consultant agrees to state in a separate section of any filed report the
numbers and dollars amounts of all contracts and subcontracts relating to preparation of the
report.
12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
person or entity including Consultant, arising out of Consultant's negligent performance of
services hereunder, including the activities of other persons employed or utilized by Consultant in
the performance of this Agreement (including design defects and regardless of City's approval,
use or, acceptance of the work or work product hereunder) excepting liabilities due to the
negligence or willful misconduct of City. This indemnification obligation is not limited in any
way by any limitation on the amount or type of damages or compensation payable by or for
Consultant under Worker's Compensation, disability or other employee benefit acts or the terms,
applicability or limitations of any insurance held or provided by Consultant and shall continue to
bind the parties after termination/completion of this Agreement.
14. INSURANCE. Without limiting Consultant's indemnification provided herein,
Consultant shall take out and maintain, throughout the period of this Agreement, the following
policies of insurance placed with insurers with a current A.M. Bests rating of no less than A:VII
or its equivalent against injury /death to persons or damage to property which may arise from or
in connection with the activities hereunder of Consultant, its agents, employees or subcontractors:
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A. Comprehensive or Commercial General Liability Insurance at least as
broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001), in an amount of $1,000,000.00 per occurrence. If work involves explosive, underground
or collapse risks, XCU must be included. If a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project or the general aggregate shall be twice the
required occurrence limit. Said policy shall contain, or be endorsed with, the following
provisions:
(1) The City, its officers, employees and agents, are covered as insureds for
liability arising out of the operations performed by or on behalf of Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
agents and employees.
(2) The policy shall not be canceled or materially reduced in coverage without
thirty (30) days prior written notice (10 days for non - payment of premium) to City by certified
mail.
(3) The inclusion of more than one insured shall not operate to impair the rights
of one insured against another insured, and the coverage afforded shall apply as though separate
policies had been issued to each insured, but the inclusion of more than one insured shall not
operate to increase the limits of the insurer's liability.
(4) For claims related to this project, the Consultant's insurance is primary
coverage to the City, and any insurance or self - insurance programs maintained by the City is
excess to Consultant's insurance and will not be called upon to contribute with it.
(5) Any failure to comply with reporting or other provisions of the parties,
including breach of warranties, shall not affect coverage provided to City, its officers, employees
and agents.
B. Automobile liability insurance with coverage at least as broad as ISO Form
numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this
Agreement with minimum coverage of not less than $1,000,000 per accident combined single
limit (CSL). Such policy shall contain or be endorsed with the provision that coverage shall not
be canceled or materially reduced in coverage without thirty (30) days prior written notice (10
days for non - payment of premium) to City by certified mail.
C. Worker's Compensation insurance meeting statutory limits of Labor Code
which policy shall contain or be endorsed to contain a waiver of subrogation against City, its
officers, agents, and employees and provide for thirty (30) days prior written notice to City in the
event of cancellation. If Consultant has no employees, Consultant may sign and file the following
certification in lieu of insurance:
U am aware of the provisions of California Labor Code Section
3700 which requires 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
the provisions of that code before commencing with and during the
performance of the work of this contract. "
D. Consultant shall furnish City with certificates and original endorsements
effecting the required coverage prior to execution of this Agreement by City. The endorsements
shall be on forms provided by City or as approved by City Attorney. Any deductible or self -
insured retention over $100,000.00 shall be disclosed to and approved by City. If Consultant
does not keep all required insurance policies in full force and effect, City may, in addition to
other remedies under this Agreement, take out the necessary insurance, and Consultant agrees to
pay the cost of said insurance.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant
as a material inducement to entering into this Agreement. Consultant agrees to use reasonable
care and diligence in rendering services under this Agreement. Consultant agrees that the
acceptance of his work by City shall not operate as a waiver or release of said obligation of
Consultant. The absence, omission, or failure to include in this Agreement, items which are
normally considered to be a part of generally accepted professional procedure or which involve
professional judgment shall not be used as a basis for submission of inadequate work or
incomplete performance.
16. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working
for the Consultant, to solicit or secure this Agreement, and that he 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
making this Agreement. For breach or violation of this warranty, the City shall have the right to
annul this Agreement without liability, or, in 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.
17. CONFLICT OF INTEREST. Consultant covenants that it presently has no
interest and shall not acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of its services hereunder. Consultant further covenants that in the
performance of this Agreement, no person having any such interest shall be employed.
18. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant
comes within the definition of Consultant under the Political Reform Act (Government Code
§87100), Consultant shall complete and file and shall require any other person doing work under
this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the
City of Rohnert Park disclosing Consultant and /or such other person's financial interests.
19. MERGER. This Agreement shall constitute the entire Agreement between the
parties and shall supersede any previous agreements, whether verbal or written, concerning the
same subject matter. No modification of this Agreement shall be effective unless and until
evidence by a writing is signed by both parties.
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20. DEFAULT. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by
Consultant.
21. NO WAIVER OF BREACH; TIME. The waiver by City of any breach of any
term or promise contained in this Agreement shall not be deemed to be a waiver of such term or
provision or any subsequent breach of the same or any other term or promise contained in this
Agreement. Time is of the essence in carrying out the duties hereunder.
22. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
23. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either
party brings an action or proceeding for damages arising out of the other's performance under
this Agreement or to establish the right or remedy of either party, the prevailing parry shall be
entitled to recover reasonable attorney fees and costs as part of such action or proceeding,
whether or not such action or proceeding is prosecuted to judgment. This Agreement shah be
construed and interpreted according to California law, and any action to enforce the terms of this
Agreement or for the breach thereof shall be brought• and tried in the County of Sonoma.
24. INDEPENDENT CONTRACTOR. The parties . intend that Consultant, in
performing the services specified herein, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. Consultant is not to be considered
an agent or employee of the City and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits City provides its employees. In the event City exercises its right to
terminate this Agreement, Consultant expressly agrees that he /she shall have no recourse nor
right of appeal under rules, regulations, ordinances or laws applicable to employees.
25. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such
taxes and other obligations, including, but not limited to, state and federal income and FICA
taxes. Consultant agrees to indemnify and hold the City harmless from any liability which it may
incur to the United States for to the State of California as a consequence of Consultant's failure to
pay, when due, all such taxes and obligations.
26. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its
performance under the Agreement either directly or indirectly on the grounds of race, color,
religion, sex, age, national origin, or other prohibited grounds in its employment practices, and
shall take affirmative steps to ensure that applicants are employed and employees are treated
during employment without regard to race, color, religion, sex, age, national origin, or other
prohibited grounds.
27. COMPLIANCE WITH LAW. Consultant shall comply with all applicable
federal, state and local laws, rules and regulations affecting the Consultant and his /her work
hereunder. Consultant represents and warrants to City that Consultant has all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required for Consultant to
practice Consultant's profession and to do the work hereunder. Consultant represents and
warrants to City that Consultant 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 Consultant to practice his /her profession and do the work contemplated by this Agreement.
28. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data
prepared or obtained under the Agreement shall be made available, upon request, to the City
without restriction or limitations on their use. Consultant may retain copies of the above -
described information but agrees not to disclose or discuss any information gathered, discussed or
generated in any way through this Agreement without the written permission of City during the
term of this Agreement or until ninety (90) days after receipt of final payment from City.
29. INTERPRETATION. Notwithstanding the fact that one or more provisions of
this Agreement may have been drafted by one of the parties to this Agreement, such provisions
shall be interpreted as though they were a product of a joint drafting effort and no provisions shall
be interpreted against a party on the ground that said party was solely or primarily responsible for
drafting the language to be interpreted.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK:
By:
Name:
Title:
Per Resolution No. _
by the City Council on
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
(Date)
CMUE. IJIM. IN
By:
Name:
Title:
By :_
Name:
Title:
(Date)
(Date)
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the , and a duly
authorized representative of the firm of
whose address is , and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration,. any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining
this contract, to employ or retain the services of any firm or
person in connection with carrying out the Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date Signature
agr \Consult.
Ref: PP320- 00000 -32007
May 16, 2006
Mr. Ron Bendorff
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA. 94928
Re: Revised City Center Drive Streetscape and Utilities Project Proposal
Dear Ron:
We are pleased to provide this proposal to the City of Rohnert Park for professional engineering
services for the City Center Drive Streetscape Project and Project Management of Transportation
for Livable Communities (TLC) funding conditions. The limits of City Center Drive
Improvements will be from the proposed City Park Plaza improvements to Commerce
Boulevard, approximately 1,750 feet. We understand that this is a critical element to the overall
development of the City Center Plaza area.
PROJECT UNDERSTANDING
The City of Rohnert Park Community Development staff is working to execute a streetscape
project on City Center Drive (formerly referred tows City Hall Drive and Padre Parkway). The
City has recently received a Transportation and Livable Community (TLC) Grant from the
Sonoma County Transportation Authority (SCTA) to fund construction of the project in three (3)
phases. This work will be done in conjunction with the City Center Plaza Design Project. The
streetscape work is intended to create a Downtown Rohnert Park and provide enhanced
appearance, functionality, safety, and infrastructure. To achieve this, Winzler & Kelly will work
with Gates and Associates landscape architects, the prime on the City Center Plaza Project.
It is understood that the proposed streetscape will include sidewalks, lighting, trees, and targeted
bulbouts on State Farm Drive at the City Center Drive intersection, drainage, and other similar
improvements. The area for the proposed street improvements to City Center Drive will be from
the proposed City Center Plaza to Commerce Boulevard (see attached Exhibit 1) as described
below.
For the portion of City Center Drive from the proposed plaza to the western property line of the
Town Homes Development it is intended that the existing curb, gutter, and sidewalk along the
north side of City Center Drive in the area of the two new mixed -use development projects (The
Arbor and City Center Town Homes) shall remain in place where possible. The south side street
improvements across from the mixed -use development projects in this area will include
sidewalk, street lighting and trees, the existing curb and gutter will remain. The landscaping
elements will include improvements consistent with current planning documents ( Rohnert Park
Mr. Ron Bendorff
May 16, 2006
Page 2
City Center Concept Plan) and will include street furniture /appurtenances throughout the street
where appropriate.
The portion of roadway along City Center Drive west of the Town Home Development to the
intersection of Commerce Boulevard will include an improved roadway section which will be
widened to incorporate curb gutter, sidewalk, landscaping and lighting on both sides of the
roadway. The roadway will provide for safe pedestrian access along City Center Drive.
The proposed work will include three primary tasks:
Task 1 — Project Management of TLC Funding Requirements
'ask 2 — Data Collection and Topographical Survey
Task 3 — Preliminary Design (30% design)
Our proposal and fee is outlined below for your consideration.
SCOPE OF WORK
TASK 1 PROJECT MANAGEMENT OF TLC FUNDING REQUIREMENTS
Project management of the TLC funding requirements will be provided by Winzler & Kelly as
the design team lead for the streetscape project. Winzler &Kelly will coordinate with the design
team, subconsultants, and the City as required to perform their tasks. At a minimum Winzler &
Kelly will provide the following:
i . Attend a funding workshop prepared by SCTA to review funding requirements for the
recipients of TLC funds
2. Complete a Field Review Form per Caltrans Local Assistance Program
3. Arrange 'a Field Review Meeting and Site Visit with funding participants to review the
site (within 6 months of funding approval)
4. Manage project to meet key commitment dates for funding requirements which include
a. Completed Environmental Package deadline February 2007 (CEQA/NEPA
review to be completed by City)
b. Obligation Request Submittal April 1, 2007 to Caltrans
c. Obligation/FTA transfer deadline June 30, 2007
5. Overall Project Management through project closeout (4 years)
6. Coordination with City on Project Funding status (4 years)
Estimate of Costs for Task Project Management of Funding Requirements is $26,682
Mr. Ron Bendorff
May 16, 2006
Page 3
TASK 2 DATA COLLECTION AND TOPOGRAPHICAL SURVEY
Base Map Preparation. Conduct a topographical survey of 1700 feet +/- of City Center
Drive and portions of State Farm on either side of City Center Drive for proposed bulbouts
Prepare project base maps and obtain as- builts from City of adjacent projects.
Field Reconnaissance. Field review of the project site and how the proposed Rohnert Park
City Center Drive ties in to the existing improvements. Gather materials, maps, and approved
improvement plans.
Document Review. Analyze existing documents including City Codes and Standards,
Improvement Plans for proposed projects or projects under construction, City Center Concept
Plan, and Site Data (soils reports, arborist reports, etc.)
Utility Coordination. Provide coordination with utility companies to identify connections to
existing utilities within the proposed drive and any potential issues.
Staff Meeting. Meet with the City and the project team to discuss the scope of the work, the
properties that require right -of -way acquisition and other information regarding the proposed
improvements and properties. This meeting will ensure that all parties understand all aspects
of the work.
Preparation of Right -of -Way Documents (for City Center Drive Only). Tie in to existing
boundary monuments in the field. Preparation of legal descriptions and accompanying plat
maps (assume four parcels). The City will provide Title Reports for the properties where
right -of -way acquisition is required and rights of entry to perform work (if needed).
Appraisal and acquisition services are not included within this Scope of Services.
Deliverables: Topographical Survey
Legal Description and Plat Maps - 4
Estimate of Costs for Task 2 Data Collection is $31,610
Mr. Ron Bendorff
May 16, 2006
Page 4
TASK 3 PRELIMINARY DESIGN (30% DESIGN)
Preferred Development Plan. This task includes the coordination and preparation of exhibits
and presentation materials for the streetscape plan and sections along City Center Drive. It is
anticipated that all stakeholders at the City, SCTA and the design team will attend one workshop
to review two proposed alternatives and determine final project alternative. Plan elements may
include street width and streetscape design features including sidewalks, trees, lighting, and
bulbouts. The locations of the varying rights -of -way will be included in the preferred alternative
development plan. The agreed upon alternative will be prepared for use at future public
meetings and project development of 60 %, 90% and 100% plans, specifications and estimates.
Opinion of Probable Costs. Prepare an opinion of probable costs for the City Center Drive
based upon the preferred streetscape plan layout and sections.
Deliverables: 30% Schematic Plan, 3 copies
Estimated Construction Cost
Estimate of Costs for Task 3 Preliminary Design is $23,662
ASSUMPTIONS
1. No hazardous materials will be encountered within the limits of the work area for City Center
Drive Project.
2. No traffic signal or traffic study is required for improvements to City Center Drive, or State
Farm.
3. CAD files for the existing improvement plans along portions of City Center Drive will be
provided by the City (if they have them).
4. The City will provide Title Reports for areas where right -of -way acquisition is required.
5. The City will coordinate with private property owners regarding right -of -way acquisition for
proposed improvements and widening of the western section of City Center Drive (formerly
Padre Parkway)
6. Environmental permitting, CEQA/NEPA documentation, and mitigations are not included.
7. No geotechnical services are included in our proposal; however it is recommended that a
report be provided for design level efforts.
8. The proposal does not include any landscape or irrigation plans.
9. Approximately 450 feet of the proposed roadway (from Commerce Boulevard east) will
require reconstruction.
10. The technical specifications will be in CSI format; preparation of the front end documents is
not included in this proposal.
Mr. Ron Bendorff
May 16, 2006
Page 5
ADDITIONAL SERVICES:
1. Plans, Specifications and Estimates (PS &E) for the 60, 90 and 100 % plan submittals.
2. Future public meetings and participation.
3. Preparation of a Storm Water Pollution Prevention Plan ( SWPPP). If the disturbed area is
over 1 acre, an SWPPP will be required.
4. It is assumed that all environmental processing related to CEQA/NEPA compliance has been
performed and that documentation will be provided to Winzler & Kelly for their records and
submittal to the Funding Agencies. If environmental documentation and permitting should be
required, Winzler & Kelly can provide this service if requested.
5. Preparation of the front end documents. Winzler & Kelly can provide this service if
requested.
6. Hazmat review of the project site.
PROJECT FEE
Based upon the estimated hours identified on the attached spreadsheet, our total time -and-
materials fee is estimated to be $81,954 for the City Center Drive Project.
PROJECT SCHEDULE
It is anticipated to complete the above items with the exceptions of Task 1 and the Preparation of
Right of Way documents, no later than August 31, 2006. The topographical survey for City
Center Drive will begin promptly upon approval of this agreement. The preliminary design
should be completed no later than August 31, 2006 to be utilized at a Field Review with the
funding agencies.
Winzler & Kelly is excited to be assisting you with the development of improvement plans for
the City Center Plaza and City Center Drive Projects. Please contact us if you have any questions
or require any additional information. We are prepared to meet with you to review and discuss
the scope or level of effort if you have any concerns regarding our assumptions.
Sincerely,
WINZLER & KELLY
Wendy Ziegler
Project Manager
cc: Bill Silva, Winzler & Kelly