HomeMy WebLinkAbout4.08 Sports Grnd Phase IV~~~~~
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ITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 6, 2009
SUBJECT: Dublin Sports Grounds Phase IV- Landscape Architectural Services
Report Prepared by Rosemary Alex, Parks and Facilities
Development Coordinator
ATTACHMENTS: 1. Resolution Approving Agreement with Carducci and Associates,
Incorporated for Dublin Sports Grounds Phase IV
RECOMMENDATION: Adopt Resolution approving Agreement with Carducci and
/~~ ~ Associates, Incorporated for Dublin Sports Grounds Phase IV
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FINANCIAL STATEMENT: The proposed fee for services under the Agreement is as follows:
1) Phase IV Scope of Work $69,000
2) Phase IV Additive Bid Area $12,000
3) Reimbursable Expenses $4,000
$85,000
Sufficient funds are available in the project budget.
DESCRIPTION: As approved in the 2008-2013 Capital Improvement Program,
design of Dublin Sports Grounds Phase IV will begin Fiscal Year 2009-2010 and construction will
conclude in Fiscal Year 2010-2011. Included in the Consultant Services Agreement, the Dublin Sports
Grounds Site Plan shows the project area. The project entails removal of existing turfgrass, grading, soil
preparation, sand-channel drainage, irrigation system and re-seeding of approximately 5.0 acres on the
western side of the park.
The project is funded by the East Bay Regional Parks Measure WW Bond Program that was passed by
voters in November 2008. In evaluating the site and in consideration of the current bidding climate, Staff
has requested a design proposal that provides an option to include some additional area for field
renovation. At the time that the design development drawings are complete, the landscape architect will
provide an estimate for construction. If the design development cost estimate indicates that there will be
COPY TO: Carducci and Associates, Incorporated
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ITEM NO.
C:\Documents and Settings\rosemarya\Local Settings\Temporary Internet Files\OLKIFUO-6 DSG-IV LARCH Services.doc
funds available, Staff will include an add-alternate to expand the area of renovation west towards the
Library.
Staff solicited a proposal for landscape design services from Carducci and Associates, the landscape
architecture firm that completed the Phase II renovation of the Dublin Sports Grounds in 2003. The scope
of work for professional services will include a topographic survey of existing conditions, consultation
meetings, design development, cost estimate, 100% construction documents, assistance during bid period
and administrative support during the construction process. The complete detail of the professional
services is listed as Exhibit A in the Consultant Services Agreement attached to the Resolution.
RECOMMENDATION: Staff recommends that the City Council adopt the Resolution
approving the Agreement with Carducci and Associates, Incorporated for Dublin Sports Grounds Phase
IV.
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RESOLUTION NO. - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH CARDUCCI AND ASSOCIATES, INCORPORATED
FOR DUBLIN SPORTS GROUNDS PHASE IV
WHEREAS, the 2008-2013 Capital Improvement Program includes a project to prepare
construction documents for the Dublin Sports Park Phase N; and
WHEREAS, the City has solicited a proposal from Carducci and Associates, Incorporated to
complete the construction documents; and
WHEREAS, Carducci and Associates Incorporated has demonstrated adequate ability to perform
said construction documents; and
WHEREAS, the consultant is available to perform work as specified.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the agreement with Carducci and Associates, Incorporated, attached hereto and authorize the
Mayor to execute the Agreement.
PASSED, APPROVED AND ADOPTED this 6th day of October 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
- 1 - ATTACHMENT 1
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CARDUCCI AND ASSOCIATES, INCORPORATED
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Carducci and Associates Incorporated ("Consultant") as of October 6, 2009.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on February 24, 2011, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $85,000
(eighty-five thousand dollars even), notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A,
regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services
rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Consultant for services rendered pursuant to this
Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as
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specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
Notwithstanding the "not to exceed" compensation amount in the preceding paragraph, the Contract
Administrator may authorize payment above the "not to exceed" amount to allow Consultant to provide
additional services, or, to compensate Consultant for services provided within the original scope of work in
excess of the hours specified in Exhibit A. In no event, however, shall the Contract Administrator authorize
payment of such additional payments in excess of 25% of the "not to exceed" amount.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
^ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
^ The beginning and ending dates of the billing period;
^ A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
^ At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
^ The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
^ The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
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2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
Carlucci & Associates, Inc.
Principal .......................................................................................................$145.00
Associate .....................................................................................................$ 95.00
Clerical/Word Processing .............................................................................$ 50.00
Structural Engineer ................................................................................$ 90.00 to $190.00
Zeiger Engineers, Inc., Electrical Engineer ............................................$ 90.00 to $190.00
Bohley Consulting, Civil Engineer ..........................................................$ 90.00 to $190.00
2-Man Survey Crew .....................................................................................$300.00
PRZ Consulting, Turf Grass Consultant ........................................................$185.00
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed four-thousand dollars ($4,000). Expenses not listed below are not chargeable to
City. Reimbursable expenses are included in the total amount of compensation provided
under this Agreement that shall not be exceeded.
1. Cost of printing and distributing.
2. Cost of transportationlmileage.
3. Mileage billed at current Internal Revenue rate.
4. Cost of postage, UPS, Federal Express, Ontrac, etc.
5. Cost of other items as required, with prior approval from Owner.
6. Soils Testing.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
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of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on aself-insurance program to meet those requirements, but only if
the program ofself-insurance complies fully with the provisions of the California Labor
Code. Determination of whether aself-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program ofself-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
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An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001. Automobile coverage shall. be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 Code 1 ("any auto").
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
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and that no insurance orself-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible orself-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
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d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
orself-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible orself-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
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4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
^ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
^ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
^ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents,. and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" as defined in
California Civil Code section 2783, as amended from time to time, such duty to indemnify shall not apply
when to do so would be prohibited by California Code section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
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Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the Califomia Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
ali"laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
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7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
Consulting Services Agreement between October 6, 2009
City of Dublin and Carducci and Associates, Inc. Page 11 of 14
13 ~~~k.
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant 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.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Govemment Code Section 81000 of seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consulting Services Agreement between October 6, 2009
City of Dublin and Carducci and Associates, Inc. Page 12 of 14
lit ~~ 24
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Govemment Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Carducci and Associates, Incorporated
Attn: William E. Fee, Principal
555 Beach Street, Fourth Floor
San Francisco, CA 94133
Any written notice to City shall be sent to:
City of Dublin
Attn: Rosemary Alex, Parks and Facilities Development Coordinator
100 Civic Plaza
Dublin, CA 94568
10.11 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 repod/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
reporUdesign responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
Consulting Services Agreement between October 6, 2009
City of Dublin and Carducci and Associates, Inc. Page 13 of 14
i~ ~a-+
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
Tim Sbranti, Mayor
CONSULTANT
William E. Fee, Principal
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
J:1wpd1FORMSIA~RElstandard consultant services agreement-2001.doc
Consulting Services Agreement between October 6, 2009
City of Dublin and Carducci and Associates, Inc. Page 14 of 14
I6 ~. a~
September 22, 2009
Job No. DU609-01
EXHIBIT A
DUBLIN SPORTS GROUNDS RENOVATION
SCOPE OF SERVICES
Project Description
Landscape architectural design services through project construction period for renovation of Dublin Sports
Grounds, as described below:
1. Dublin Sports Grounds Turf Grass Renovation 5.00 acres -Site plan is enclosed
2. Remove existing turf grass
3. Infield renovation of ball diamond #3
4. Modify drainage as required
5. Install new imgation system
6. Install new irrigation controllers -confirm existing prior to specification
7. Soil preparation
8. Sand channel drainage
9. Grass seeding
10. There will be no community meeting or council meeting attendance required.
11. Coordinate with Diamond #3 bullpen improvements proposed by Dublin Little League, as shown on
enclosed sketch, dated July 30, 2009.
12. Skin infield at ball diamond #6 per Dublin Little League memo, dated September 11, 2009.
Additive Bid Option
If budget allows, the City may elect to include approximately 49,000 sq. ft. of additional turf renovation. The
determination to include the additive bid option will occur at the time the design development cost estimate is
complete.
Cost Estimate
Prepare two (2) cost estimates, one at design development stage and one at 100% construction document stage.
Survev
For construction documents, use existing survey that was prepared in 2001 and prepare limited supplemental
field survey of existing conditions, including all utilities, street frontages and topographic elements on site.
Request underground service alert to mark existing utilities.
Bid and Award
Attend pre-bid meeting; respond to contractor's questions and issuing addenda.
Construction Administration
1. Attend pre-construction meeting
2. Visit the site eight (8) times during construction, approximately every 2-3 weeks.
3. Attend punch list walk through and prepare punch list.
4. Review submittals for conformance with specifications and respond to requests for information.
Timeframe
Award Design Contract ...........................................................................October 6, 2009
Construction Documents ........................................................................October 10, 2009 -January 29, 2010
Bidding ....................................................................................................February 8, 2010 -March 9, 2010
Award ......................................................................................................June 1, 2010
Construction ............................................................................................June 23, 2010 -November 23, 2010
Maintenance ........................................................................................... November 24, 2010 -February 24, 2011
r~~ ~~
September 22, 2009
Job No. DUB09-01
DUBLIN SPORTS GROUNDS RENOVATION
SCOPE OF SERVICES
PAYMENT SCHEDULE
A. CITY shall pay CONSULTANT an amount not to exceed the total sum of $81,000 (Eighty-One Thousand
Dollars) for services to be performed pursuant to this agreement. CONSULTANT shall submit invoices; not
more often than once per month, based upon the work completed on each task identified in EXHIBIT A
"Scope of Work". The parties understand that such amount does not include post project acceptance claims
processing services that may be provided pursuant to C. "Extra Services".
Task Base Bid Additive Bid Area Total
Task 1~unrey $8,000 $1,000 $9,000
Task 2-Meetings $3,000 $0.00 $3,000
Task 3-Design Development $10,000 $2,000 $12,000
Task 4-Construction Documents $20,000 $5,000 $25,000
Task 5-Bid Documents $5,000 $1,000 $6,000
Task 6-Bid, Award & Conform Documents 5 000 1,000 6 000
Subtotal $51,000 $10,000 $61,000
Task 7-Construction Administration 18,000 2,000 20,000
Total $69,000 $12,000 $81,000
The Consultant will be reimbursed for expenses at cost plus 10% not to e xceed $4,000 without approval from
the City of Dublin. The items allowable for reimbursement are as follows:
Items supplied by the consultant:
1. Cost of printing and distributing.
2. Cost of transportation/mileage.
3. Cost of postage, UPS, Federal Express, Ontrac, etc.
4. Cost of other items as required, with prior approval from Owner.
5. Cost of office supplies.
6. Mileage billed at current Internal Revenue rate.
7. Soils Testing.
C. "Extra Services" including, construction administration, arborist reports, and additional site visits post project
acceptance claims processing services, are to be billed on a time and material basis using the hourly rates
shown below. All extra services are to be authorized by the owner in writing.
Hourlv Rates
Carducci & Associates, Inc.
Principal ...................................................................................................................$145.00
Associate ..................................................................................................................$ 95.00
Clerical/VVord Processing .........................................................................................$ 50.00
Structural Engineer ........................................................................................................$ 90.00 to $190.00
Zeiger Engineers, Inc., Electrical Engineer ....................................................................$ 90.00 to $190.00
Bohley Consulting, Civil Engineer ..................................................................................$ 90.00 to $190.00
2-Man Survey Crew .................................................................................................$300.00
PRZ Consulting, Turf Grass Consultant .........................................................................$185.00
I ~
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D. The total sum stated in Section A above, shall be the total, which the CITY shall pay for the services to be
rendered by CONSULTANT pursuant to this Agreement excluding extra services. CITY shall not pay any
additional sum for any expense or cost whatsoever incurred by CONSULTANT in rendering services pursuant
to this Agreement other than extra services.
E. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless
such extra service and the price therefore is agreed to in a written Change Order executed by the City
Manager, or other designated official of the CITY, authorized to obligate CITY thereto. Said Change Order
shall be executed prior to the time such extra service is rendered and in no event shall such change order
exceed twenty-five percent (25%) of the initial Contract price stated in Section A. In the event the Change
Order exceeds this limitation, City Council approval shall be required.
F. The services to be provided under this Agreement may be terminated without cause at any point in time in the
sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONSULTANT for all
outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement.
CONSULTANT shall maintain adequate logs and timesheets in order to verify costs incurred to date.
G. The CONSULTANT is not authorized to perform any services or incur any costs whatsoever under the terms
of this Agreement until receipt of a fully executed copy of this Agreement.
19~Jy
Basis of Design
This is a fairly straightforward project utilizing the information from Fallon Sports Park (irrigation audit, component
selection, fertilizer program) and from the previous Dublin Sports Grounds (soil preparation and sand channel
system) turf grass renovation project.
Construction Budget: To be Determined
Budget includes 10% contingency so design (and ultimately bids) should be 10% less than the amount budgeted.
Task 1 -Provide Topographic Survey of Existing Conditions:
1. Visit site to observe existing conditions.
2. Review drawings of existing improvements and surrounding development.
3. Use existing AutoCAD copy of survey of Dublin Sports Ground,
4. Supplement topographic survey with field survey for the following:
a. Flow line and Invert elevations of storm drain pipes at drain inlets and drain boxes and outlets.
b. Location and finish grade of above ground utilities such as drain inlets, utility boxes, light poles, vaults.
c. Location and size of underground utilities, including PG&E information as best available.
d. Location and finish grade of objects including: signs, sidewalks, fences, walls, site furnishings, pads,
paving edges, and curbs not shown on survey.
Task 2 -Consultation/Design Meetings
1. A total of three (3) meetings are included in the base contract for the purpose of discussing design program
budgets and coordination with City.
Task 3 -Design Development
1. Prepare design development submittal, generally showing the proposed renovation and typical details for
base bid and alternate bid work.
2. Prepare cost estimate of base bid and alternate bid work.
3. Take soil samples for suitability test for final specifications-two tests: Soil & Plant Laboratory and Soil Food
Web.
Task 4 -100% Construction Documents
Prepare Construction Documents (100% CD's) for City review and comment.
The CD documents will include:
1. Existing Conditions Plan (Survey).
2. Demolition/Salvage Plan.
3. Overall Site Plan.
4. Scope of Work Plan.
5. Erosion Control Plan: Detailed plan identifying erosion control during construction.
6. Stormwater Pollution Prevention Plan (SWPPP).
7. Layout Plan: Detailed horizontal control plan and related details, identifying materials and their location.
8. Landscape Grading and Landscape Drainage Plan: Detailed vertical control plan and related details,
including sand drainage.
9. Construction Details: Detailed construction and material information.
10. Planting Plan: Detailed planting plans for areas developed within the contract limits, including botanical
names, common names, sizes and related details.
11. Landscape Irrigation Plan and Details: Detailed layout of sprinkler heads, piping and valves to provide a
total operative system. Design will conform to Dublin San Ramon Services District requirements for use of
recycled water.
12. Technical Specifications: Final specifications for aforementioned work will be in CSI Format.
13. Cost evaluation for improvements within the project scope based on our best opinion of costs at the date of
the estimate.
Task 5 -Bid Documents
Incorporation of comments from the City and preparation of Bid Documents. (Printing to be done by City)
Task 6 -Bid & Award and Conformance Documents
Assist in the bidding procedure as required. This may include: attending apre-bid meeting, responding to
contractor's questions, issuing addendums, and reviewing the bids. Includes a conformance set of construction
documents for construction (Printing to be done by City).
o?o ~ay
Task 7 -Construction Administration
1. Attend pre-construction meeting
2. Visit the site eight (8) times during construction, approximately every 2-3 weeks (maximum of 8 meetings).
3. Attend punch list walk through and prepare punch list.
4. Review submittals for conformance with specifications and respond to requests for information.
Exclusions
1. Geotechnical Engineering.
2. Off-site improvements.
3. Work outside of limit of work shown on attached maps.
4. LEED certification.
5. Structural engineering.
6. Civil engineering.
7. Electrical engineering.
8. Fencing and backstops.
9. Bleachers and benches.
10. Lighting.
11. PRZ Consulting turf grass consultant.
12. Preparation of more than two (2) alternates.
13. Stormwater calculations.
Staff
We expect to assign the following staff to this project:
^ William E. Fee, Principal and registered landscape architect
^ Alvin Tang, Associate
^ Wesley Bexton, Associate
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5e~ttetnber 11, 2009
Rosemary Alex
City of Dublin
100 Civic I'laz~a
Dablin, CA 945GS
Dear Rosemary:
~~1 ~ a4
This email is iu regard to the letter from Diane Lowart concerning the renovation ~f the Dut~lin Sports
Grounds during the period of June 14, 2010 - IeTOVeinber 14, 2010.
We have. a couple of requests itt regards to the renovation and hots it iutpacts-Dublui Little League.
The Gist is that each year, Dublin Little League hosts afour-day tout•ttatneitt at the Dablin Sports
Cirouuds for Little League champiotas throughout the I'ri-Valley area. The tout•nantent follows the
cottclnsion of the Little League season. I believe for 201.0 the tournatuent will occur between June 19-
22. We wouldask that the city delay the start of the project, insofar as it iutpacts fields Ito and #5 at
DSG until after that date.
~Ve would also be interested in working with the city to determine a getter type of grass. fat• the infield
portion ofFteld 3. This year eve received. ttuniet•ous complaints fi•om bofh ottr teams, attd front teams
visiting from other cities, about tfte quality and length of the grass ou F'ield 3. What is cutretttly
planted there is not conducive to playing baseball as the have been told it catuiot be cttt below 2 %a
inches without cattsutg damage. to the grass. At this length, it is difficult to play a eotnpetitive baseball
gaitte as the hall stops as soon as it lots the grass. ~~Ve would like to possibly consult with the city <utd
perhaps some outside specialists. on what aught be a better replacement.
Lastly, eve would be interested if the city would consider including in the scope of the work to be done
during the renovatiatt to have the glass infield removed from Field #t6 and reltlaeed with a dirt .infield.
Field #6 tvas initially a field for our Majors division players (I 1 and 12 year olds). However, with. the
developutent of Emerald Gletut, attd its gt•itss fields, and with Fallon Sports Park coming online, we are
more in need of another skituted field. In additiolt, the watering of the grass ii~tleld contributes to the
.serious drainage issues on T'ietd #fi and also wears dot~nt the infield area.
'1'Itank yott for taking titue to consult with Dublin Little League about the impact of the DSG
renovation. If you would like to ~iiscttss any of the above, or anything else with regard to the
renovation, please feel li•ee to either entail me at marksaalcedllLgntail.cont, or call me at
925.478,09?G.
Sincerely,
itilark Saake
1'rt:sident
Dublin Little League
llublin Little League - t'(3 t3os 2Q37 Dublin, C'~1 9-tSG3 - (~ZS) ~i17-1723
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