Loading...
HomeMy WebLinkAbout4.12 Fallon Sports Pk Master PlanG~~~ OF DU~~y , i9' d-'~~'-~. `$2 STAFF REPORT C I T Y C L E R K `~~-~/ ~ ~~ ~ DUBLIN CITY COUNCIL File # ^~~0-0~ ~~LIFO~~~~ DATE: August 16, 2011 ~ TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT Agreement with Carducci Landscape Architecture for the Fallon Sports Park Master Plan Update . Prepared By: Diane Lowart, Parks and Community Services Director EXECUTIVE SUMMARY: One of the Parks and Facility Development Division Key Initiatives for Fiscal Year 2011-2012 is to develop phasing options and costs for the Fallon Sports Park to include finro new soccer fields and a 90-foot baseball diamond. As a result, consultant services are required in order to prepare an update to the Fallon Sports Park Master Plan. FINANCIAL IMPACT: The adopted Fiscal Year 2011-2012 Parks and Facilities Operating Budget included an appropriation of $35,000 for the completion of this study. The total cost of the study is $50,000 including an estimated $2,000 in reimbursable expenses. A budget change which will transfer the $15,000 from the Budgeted contingent reserve to the Parks and Facilities Department professional services account will be necessary to fully fund the study. RECOMMENDATION: Staff recommends the City Council adopt the Resolution approving the agreement with Carducci Landscape Architecture for the Fallon Sports Park Master Plan Update and approve the budget change in the amount of $15,000. ~~J~ . =~ Submitted by: Reviewed by: Parks and Community Administrative Services Services Director Director Assistant City Manager ~ Page 1 of 2 ITEM NO. ~"• !~ DESCRIPTION: One of the Parks and Facility Development Division Key Initiatives for Fiscal Year 2011-2012 is to develop phasing options and costs for the Fallon Sports Park to include two new soccer fields and a 90-foot baseball diamond. As a result, consultant services are required in order to prepare an update to the Fallon Sports Park Master Plan. Carducci Landscape Architecture (Carducci) prepared the ariginal Fallon Sports Park Master Plan which was adopted by the City Council in 2006. Carducci subsequently prepared the final design and construction documents for the Fallon Sports Park Phase I improvements. Due to their extensive knowledge of and involvement in the Fallon Sports Park project, Staff recommends contracting with Carducci to prepare an update to the existing Fallon Sports Park Master Plan. The scope of services will include landscape architectural services to update the Master Plan for the Fallon Sports Park with a focus on the Lower Terrace area of approximately 20 acres. The master planning process will include meetings with staff and public meetings with stakeholders, the Parks and Community Services Commission and the City Council. Four public meetings are anticipated. The complete details of the scope of services are listed as Exhibit A of the Consultant Services Agreement attached to the Resolution in Attachment 1. In the Fiscal Year 2011-2012 operational budget a total of $35,000 was appropriated to conduct the study and the proposed agreement ($50,000) exceeds this amount by $15,000. The additional cost is due the extensive community input process that was not originally envisioned at the time that the project budget was developed. Based on the scope of services and proposal from Carducci, an additional appropriation of $15,000 is required and a Budget Change has been prepared (Attachment 2). It is proposed that the additional appropriation be made by a transfer from the Budgeted Contingency line item in the Fiscal Year 2011-2012 Budget. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was distributed to Carducci Landscape Architecture. ATTACHMEfVTS: 1. Resolution approving Agreement with Carducci Landscape Architecture for the Fallon Sports Park Master Plan Update 2. Budget Change form in the amount of $15,000 Page 2 of 2 ` ~q 1 ~ RESOLUTION NO. xx -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLW ********* APPROVING AGREEMENT WtTH CARDUCCI LANDSCAPE ARCHTECTURE FOR THE FALLON SPORTS PARK MASTER PLAN UPDATE WHEREAS, the Fallon Sports Park Master Plan was adopted in May 2006; and WHEREAS, the Master Plan identifies three phases for construction of the park improvements; and WHEREAS, the first phase of construction of the Fallon Sports Park was completed in August 2010; and WHEREAS, one of the Parks and Facility Development Division Key Initiatives for Fiscal Year 2011-2012 is to develop phasing options and costs for the Fallon Sports Park to include two new soccer fields and a 90-foot baseball diamond; and WHEREAS, consultant services are required in order to prepare an update to the Fallon Sports Park Master Plan; and WHEREAS, Carducci Landscape Architecture prepared the original Master Plan and Phase I improvement plans and is qualified and available to prepare an update to the Fallon Sports Park Master Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement, attached hereto as Exhibit A with Carducci Landscape Architecture to prepare an update to the Fallon Sports Park Master Plan, in an amount not to exceed $50,000 including reimbursable expenses. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 16t" day of August, 2011, by the foflowing vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ~ ~a ,g~~~i-~ s ~ ATTACHMENT 1 ~ l~ ~ CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CARDUCCI LANDSCAPE ARCHITECTS FALLON SPORTS PARK MASTER PLAN UPDATE THIS AGREEMENT for consulting services is made by and between the City of Dubiin ("City") and Carducci Landscape Architects ("Consultant"} as of August 16, 2011. 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 December 30, 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 Fifty Thousand Dollars and No Cents ($50,000.00), 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 prevaif. 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. Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 1 of 13 EXHIBIT A 31 ~~ Except as 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 ConsultanYs signature. 2.2 Monthlv 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. Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 2 of 13 ~~ ~~~ b 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 shali not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering senrices 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: 2.6 Reimbursable Expenses. Reimbursable expenses shall not exceed Two Thousand Do~lars and No Cents ($2,000.00). Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceedetl. 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 antl reimbursable expenses incurred for work satisfactorily completed as 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, Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 3 of 13 ~ i~ ~ 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 providetl 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 a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-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 of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising fram work performed untler this Agreement. . 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 Ci#y. 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 resufting from Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 4 of 13 (~ C~ ~ activities contemplated under this Agreement, including the use of owned (if any) 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 8 and 9("hired and non-owned autos"). 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. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, antl that no insurance or self-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. A certificate 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. Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 5 of 13 ~ ~1 ~ 4.3.1 Any deductible or self-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. 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. 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:VI I 4.4.2 Verification of coveraqe. 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 Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 6 of 13 ~ l~ 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 prior to signing 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 or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may contlition approval of an increase in deductible or self-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 Coveraqe. 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. 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 ConsultanYs 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, Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 7 of 13 9~ ~~ 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, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply to the extent (1) the injury, loss of life, damage to property, or violation of law arises 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 requiretl 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 such 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 antl 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 Califomia Code section 2782. 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 renderetl 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, inc~uding but not limited to eligibility to enroll in the California 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 Governinq Law. The laws of the State of California shall govern this Agreement. Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 8 of 13 ~o ~~ ~ 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all 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 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 Ag~eement any licenses, permits, and approvals that are legally required to practice their respective professions. In adtlition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 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. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 9 of 13 l~ ~ ~b ~ computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 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 Assiqnment 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. 8.6 Options uqon 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 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 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 Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 10 of 13 ~a ~~ ~ 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 ail 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 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 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. ~ 10.2 Severabilitv. 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. 10.3 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. 10.4 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. Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 11 of 13 ,, i~ 10.5 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. 10.6 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 Government Code Section 81000 et 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 ef 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, Consultant warrants that it did not participate in ar~y manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 ef.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 Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.7 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. 10.8 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. 10.9 Notices. Any written notice to Consultant shall be sent to: Carducci Landscape Architects 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: Diane Lowart, Parks & Community Services Director 100 Civic Plaza Dublin, CA 94568 Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 12 of 13 /~ ~ 10.10 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 reporUdesign preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with reporUdesign responsibility," as in the following example. Seal and Signature of Registered Professional with reporUdesign responsibility. 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, . either written or oral. CITY OF DUBLIN Joni Pattillo, City Manager CONSULTANT William E. Fee, Principal Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney Consulting Services Agreement August 16, 2011 City of Dublin and Carducci Landscape Architects Page 13 of 13 ~5 I~ ~ EXHIBIT A SCOPE OF SERVICES Project Description ~ Landscape architectural services to update the master plan for Fallon Sports Park with a focus on updating the Lower Terrace phase area, approximately 20 acres, and identify improvements to include in Phase 2 of the park development. (Refer to attached Phasing Diagram from Fallon Sports Park Master Plan, dated June 23, 2006). The primary facilities in the Phase 2 development may include: Two soccer fields antl related infrastructure (parking, restroom/concession, path of travel and utilities). Potential of constructing a 90' baseball complex with sports lighting and related infrastructure in the future study area east of the parking area. Other facilities that were also identified in the Lower Terrace of the Fallon Sports Park master plan that may also be considered as part of the Phase 2 development include: Bocce ball courts Volleyball courts Picnic and play area Neighborhood connection at pedestrian bridge over Fallon Road The park master plan should be updated and include items that can realistically be implementetl and not be a re-do of the master plan or a significant departure from the previously approved master plan; however, some items for consideration may include items identified by stakeholders, staff, commissioners or Council members during the master plan update process. The master planning process will include meetings with staff and public meetings with stakeholders, commissioners and City Council members. The construction budget for Phase 2 is to be determined. Cost estimating is included to help the City of Dublin develop a budget for Phase 2. Task 1 - Consultation/Design MeetincLs a. A total of five (5) meeting are included in the base contract for the purpose of discussing design program budgets and coordination with the City. Visit the site with the City staff (and stakeholders, if desired) to evaluate the Phase 1 improvements and envision how to connect the Phase 1 and Phase 2 improvements. Task 2 - Community Meetings a. Attend a maximum of four community meetings as outlined below: Consulting Services Agreement between August 16, 2011 City of Dublin and Carducci Landscape Architects--Exhibit A Page 1 of 2 ~~o~ f~ Community Meeting #1 - Meet with stakeholders to get input on the current and future park needs - Community Meeting #2 - Prepare Reconvene with stakeholders to provide input on potential changes to the master plan based on the input received at Meeting #1 Parks & Community Services Commission Meeting - Review potential changes to the master plan with the Commission. City Council Meeting - Review potential changes to the master plan with the Council Task 3- Conceptual Desiqn and Master Plan Update a. For conceptual design use previously prepared survey and Phase 1 drawings. b. Community Meeting #1 - Produce original base map of master pian with Phase 1 adjustments, 90' baseball field with lighting diagrams and review project background. c. Community Meeting #2 - Prepare one to two alternates based on feedback from community meeting #1. d. Commission Meeting #1 = Present original plan, one to two alternates as process background and preferred concept plan. e. City Council Meeting #1 - Present original plan, one to two alternates as process background and preferred concept plan. f. Prepare memo~andum and exhibits describing master plan update. g. Prepare cost estimate for construction cost of lower terrace phase and Phase 2 improvements. h. Provide documents and exhibits to City as PDF files. i. Prepare cost estimate for synthetic turf option at proposed soccer fields and optional sports light at soccer fields. j. Prepare conceptual storm drainage analysis and conceptual electrical utility analysis, as applicable, for master plan update. Timeframe First Community Meeting: September 2011 Second Community Meeting: October 2011 Parks & Community Services Commission Meeting: November 2011 City Council Meeting: December 2011 Exr.lusions Final design and construction documents Analysis for CEQA applicability Traffic engineering Re-design of improvements for Phase 1 or the Upper Terrace Phase. Design of options for baseball stadium in future study area. Consulting Services Agreement between August 16, 2011 City of Dublin and Carducci Landscape Architects--Exhibit A Page 2 of 2 ~~ l ~ ~ EXHIBIT B COMPENSATION SCHEDULE A. CITY shall pay CONSULTANT an amount not to exceed the total sum of $50,000.00 (Fifty 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". B. The corresponding not to exceed fee for tasks numbered 1 through 3 shall be as follows: Task 1- Consultation/Design Meetings $ 10,000 Task 2- Community Meetings $ 20,000 Task 3- Conceptual Desian $ 18,000 Fee Subtotal $ 48,000 Estimate of Reimbursable Costs $ 2 000 TOTAL FIXED FEE $ 50,000 The Consultant will be reimbursed for expenses at cost plus 10%. 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, California Overnight, etc. 4. Cost of progress photos. 5. Cost of other items as required, with prior approval from Owner. 6. Cost of office supplies. 7. Mileage billed at the published Internal Revenue rate. 8. Soils Testing. C. "Extra Services" including, construction documents, bitl and 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. Hourly Rates Carducci & Associates, Inc. • Principal $145.00 • Associate $100.00 • Clerical/Word Processing $ 50.00 Consulting Services Agreement between August 16, 2011 City of City of Dublin and Carducci Landscape Architecture--Exhibit B Page 1 of 2 ~~ I ~ Structurai Engineer Electrical Engineer Civii Engineer 2-Man Survey Crew Turf Grass Consultant $ 90.00 to $200.00 $ 90.00 to $200.00 $ 90.00 to $200.00 $250.00 $185.00 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 antl shall terminate this Agreement. CONSULTANT shall maintain atlequate 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. Consulting Services Agreement between August 16, 2011 City of City of Dublin and Carducci Landscape Architecture--Exhibit B Page 2 of 2 ~ ~~~ ~~ ~ Cf7"Y OF DUBLIN BUDGET CHANGE FORM FY 2091 / 2012 CHANGE FORM # New Appropriations (City Councit Approvai Required): Budget Transfers: From Unappropriated Reserves (*) X From Budgeted Contingent Reserve (1001.1901.81101j From IVew Revenues Other Within Same Depatfinent Activity __ Befween Departments (City Council Appraval Required) ~D~CREAS~ BUDG~ET'~G_~OU~1T_:~~ ,i4MQUNT:~ ~ ~;~: ~,_IAI~REASE~BUDGETI~~Cj~UNT ~,__,: ~°AIUIQUN~~ .~~~ Name: EXPENSE - GENERAL FUND - Non-Departmental - Budgeted Contingency GL Account # 1009.1901.84101 $ 15,000 Name: EXPENSE - GENERi4L FUND - ParEcs and Facilities Development - Contract Services GL AccounE # 9009.7901.64001 $ 15,000 KtHSUN t-UK t~UUC~t I Gl-iHNCit tN I KY: As presenied to tne ~ity councN on August 16, 2011, Staff have proposed to undertake a Master Plan Study of the Fallon S~orts Park. Based on the proposed scope of work, #he cost to complete the study will be more than was 9ncluded in the Budget. The additional funds required will be provided from a transfer from the Budgeted Contingent Reserve. ~ Fin Mgr/ASD: t~~ u~,~~' ~ ~ Signature City Manage~~~ ~ ~~~~~'~`~U Date: ~ ~ Date: g ~ ~~ .:::...:...:::...:.;-:.::.::_.::_...,.:.....:..:,__:.,:.:.;,,.:....::..:.....,_.....,.:..:.::-.... -- - - -- .. ....... .:....,._..~ ..: :...:..:....:....:. . ..:::::.:.::.. ..::..:...,, ::::.,.,.:.: . ,.. ....:...:..: ...~.,,;.,.,,..:,.,....,::,.; :.,..:.,..~........._. ....~.......::..,.,-............:..,:.,..:.,, _;As;Ap~ :rovetl;~a#:.the :Cit ~Council Meetir.i ;:on:~,:==-__';,::~.__:=~::.:::::,~ _::::`: °`: ;-=:--=..:;: . _.. : .. .:Dafe:._~- /. 6/2.01 ~ . . _.... 9 ..... . ........... ..... ........ .._....... .. .p ......... .. .. . . . Y _...._. _..._..... ,.....:._.: $.~._...... _ ~.: :-; Mayor: Posted By: Signature Date: Date: r G:1Betdget Changesl4_2011_l2t2 8_16 /1 Fa!lorr_Syorts hfaslerplan_Co~is~rllantdoc ATTAC H M E NT 2