HomeMy WebLinkAboutItem 4.2 Fallon Sports Pk Phase II or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #600-35
DATE: December 2, 2014
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Fallon Sports Park Phase II -Consultant Services for Construction Management
Prepared by Rosemary Alex, Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider a consultant services agreement for construction management
services for Fallon Sports Park Phase II.
FINANCIAL IMPACT:
The proposed fee for services under the Agreement is $297,200. Sufficient funds are available
in the project budget.
RECOMMENDATION:
Staff recommends the City Council adopt the Resolution Approving an Agreement with E.
Majdalani Construction Management, Incorporated for Construction Management Services
related to the Fallon Sports Park Phase II.
� r
Submi ted By l Reviewed By
Parks and Community Ser ices Director Assistant City Manager
DESCRIPTION:
In November 2014, Staff solicited a Request for Proposals from three construction management
firms for the Fallon Sports Park Phase II project. Upon review of the proposals and discussions
with each firm, E. Majdalani Construction Management, Inc. had demonstrated the experience
and time commitment to fully support all aspects of construction management required for the
project.
The scope of work for professional services includes: conducting a constructability review of the
construction documents prior to bid; attend all project meetings; coordinate the work of general
contractor; maintain all project documents; and review submittals, change orders and requests
for information. The proposed costs are estimates based on the personnel and number of hours
Page 1 of 2 ITEM NO. 4.2
per task. The not-to-exceed amount for the services is $297,200. The project budget assumed
$320,000 for construction management services. Attachment 1 is a Resolution approving the
Agreement with E. Majdalani Construction Management, Inc. The proposed Consultant Services
Agreement and scope of services is attached to the Resolution.
It is the recommendation of Staff that the City Council adopt the Resolution approving an
Agreement with E. Majdalani Construction Management, Inc. for construction services related to
Fallon Sports Park Phase II.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report will be submitted to E. Majdalani Construction Management, Inc.
ATTACHMENTS: 1. Resolution Approving an Agreement with E. Majdalani Construction
Management, Inc. for Construction Management Services Related to
Fallon Sports Park Phase II
2. Consultant Services Agreement
Page 2 of 2
RESOLUTION NO. — 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH E. MAJDALANI CONSTRUCTION MANAGEMENT,
INCORPORATED FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO
FALLON SPORTS PARK PHASE II
WHEREAS, the 2012-2017 Capital Improvement Program includes the Fallon Sports
Park Phase II project; and
WHEREAS, in order to proceed with the project, it is necessary to secure the services of
a construction manager; and
WHEREAS, the City distributed a Request for Proposals and received proposals from
three construction management firms for construction management services related to Fallon
Sports Park Phase II; and
WHEREAS, the proposal from E. Majdalani Construction Management, Incorporated was
the most responsive to the Request for Proposals; 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 E. Majdalani Construction Management Incorporated, attached
hereto and authorize the City Manager to execute the Agreement.
PASSED, APPROVED AND ADOPTED this 2nd day of December 2014.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
- 1 - ATTACHMENT 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
E. MAJDALANI CONSTRUCTION MANAGEMENT INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
E. Majdalani Construction Management, Inc. ("Consultant") as of December 2, 2014.
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 June 30, 2016, 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 $297,200
(two hundred ninety-seven thousand and two hundred 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
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herein. 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.
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.
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
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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:
Classification Hourly Rate
Construction Manager $140
Senior Scheduler $167
Senior Estimator $138
Estimator $105
Project Administrator $70
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed six hundred and forty-two even ($ 642). 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.
Postage at cost plus 10%
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
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
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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 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 from work performed under 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
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
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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.
C. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and 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. 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.
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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 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.
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.
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
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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
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition 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 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.
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;
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• 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 PIERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PIERS 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.
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;
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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 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 PIERS 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
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 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.
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
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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. 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, 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 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 December 2, 2014
City of Dublin and E. Majdalani Construction Management, Inc. Page 11 of 14
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 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 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
Consulting Services Agreement between December 2, 2014
City of Dublin and E. Majdalani Construction Management, Inc. Page 12 of 14
employee, agent, appointee, or official of the City in the previous twelve months,
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 Government 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:
E. Majdalani Construction Management, Inc.
ATTN: Elia Majdalani, Principle-In-Charge
11 Embarcadero West, Suite 210
Oakland, CA 94607
Any written notice to City shall be sent to:
City of Dublin
ATTN: Christopher L. Foss, City Manager
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 report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
Consulting Services Agreement between December 2, 2014
City of Dublin and E. Majdalani Construction Management, Inc. Page 13 of 14
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
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN CONSULTANT
Christopher L. Foss, City Manager Elia Majdalani, Principal-In-Charge
Attest:
Caroline Soto, City Clerk/Records Manager
Approved as to Form:
John Bakker, City Attorney
Consulting Services Agreement between December 2, 2014
City of Dublin and E. Majdalani Construction Management, Inc. Page 14 of 14
CITY OF DUBLIN
!� FA I 1.,0N PORTS PARK I I 111
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X141 IT
SCOPE OF SERVICES
EMC;M will provide Construction Management Services to the City of Dublin throe fro ut the construction of Fallon
Sports Park,please 11. Our strategy is trot to take over time City's program- ]aunt rather to be an extension of the City's
prograrn, As vve understand, subsequent to the conipletion of the construction documents by the City's Consultant,
nsuultant,
C- du cci kind Associates Landscape .rc,hitects, and approval of the c.1rawings from all jurisdictions in early January
2015,the City will release the constructiori documents for laid with the anticipation that award of coristruuctio n contract
will occur in March 201.5. Coiistrti.cti.(.)nisa.nti.cipatedto begin in Apri12015 and co nclude lun a t °elve nr onth ieriod,
Our proposed construction.rrnnannan ernaeunt taslkr tanr Fallon Sports Park Phase 11 will be per the 6'owlloww?viung:
A.. Pre-Bid Phase Services-
He EMCM well-
review the 100% Construction Documents,provide coanrstru;uctaabihty+ review to determine their adequacy arid
completeness for both bidding and construction of the prrlject and make recornmendationrrs to the City Staff
between December 3,2014 and December 17,2014;
meet with City Staff arid Caarduucci and Associates Landscape Architects to discuss the coamstruactahility review
comments on or about December 19;,2014;
review the construction doncuurnneruts a second time and perform barb-checks to ensure construct ability review
comments have been incorporated in the plans and specifications;
HE review the Landscape Architect's cost estimate and provide comments; detailed independent engineer's
estimate and ad azratzi r take... Jf'a_Ibr°ts° are nctl included in the-°fcper lar°r posaad,. however, should the City desire
such effort, they can be added as directed lbr an ertr^antfte;and
HE attend a pre-bid site n:rneetiungn in Fclnwary 2015; t.;i4y,eats], ''wu%ill coordinate aarrd,fcacilitaate re-bid meeting and
will handle all aspects of bidding and award of construction contract,
°t.
B. Pre::. "owanstrunctioarn Phase Sersri.c,o sw
• l MCNIC mill coordinate the pre-construction nmeetirng,sometime in lade March or early April 2015
• :C IM will prepare a 1:arecoamstrunctio n meeting agenda.a. aannd sign-in sheet:, coordinate and invite all project
participants to attend, and conduct the proapect lsre-cornna trnactioarn nnneetirn . C:aty Staff'will will 12r epaar e than meeting
mianertez&
• 1 Mt";M will review the following during the pre-construction meeting a
HE project construction n doacuuments and identity project eho nernts;
OR perrcant and inspection requirements;
IN important project:milestones;
10 prolpect administration n proaceduures;
HE insurances and bonds;and
a protect issues.
C. Construction Phase Services:
EMC'M will:
HE provide contract audrn'th isYtraationw as au rcTresernts9:iwre of the City;
HE work-cloasely with City Project'Manager,City staff,Landscape.Architect,and general contractor,'
IOU conduct daily visits to the construction site; record and. provide daily construction reports detailing field
conditions,obserwrantiourns,contractor/subcontractor crew size am-1 active equipment arid progress of wonrlc,
® monni.tour, review and evaluate contractor's monthly construction progress schedule and issue comments and
recommendations;
Construction Management Services Fsucugse:asd I IPag e I
� 1
Ally OF DUBLIN
r
FALLON SPOIRYS FALL IIF PARK RHASE ih
� u �
1 / , �„ �, ,. , i. i , i.,.....,✓i„ � is i , i ,
oversee thue:, general contractor's and subcontractors' scope of work and ensure proper site supervision and
coordination;
conduct. weekly job site progress coordination meetings with the City's representatives, design consurptarnt,
g;enuerah contractor and other concerned parties; City Staff will prepare meeting agendas and record prqfect
meeting minutes;and
review and furnish recommendations with respect to contract correspondence and directives to secure City's
interests.
EMCM will:
a observe construction in place and report any deviations that do not comply with the construction docuunn°taints;
review construction progress with the contractor, observe corrn:puletecd work.and connfirinn that on site rrnater-iaahs
are properly stored,and
evaluate the percent completion of"each construction activity as indicated in the construction schedule.
Although neither inspection nor testing services are included in E C;l 's services,we will coordinate inspections
at the appropriate tirrne and..assist with providing aarny information to the City Departments as required. Wr e will
also coordinate with the City's Inspectors peerforinirngr code; co n pliaance and permit sign off inspections, and
coordinate and manage the t:,ity's consultants for special inspections and testing(i.e.concrete, steel, anchors, soils
compaction, etc.), keeping record of all daily inspection lops and construction reports. Whenever aanay wworpc is
unsatisfactory, faulty or dares not co nforni to the contract documents, the Construction Manager will review the
non-compliant work with the design team acid the City Progect:Manager, and will advise the contractor when the
work should be corrected or has becun raupeacted,or should be uncovered for observation, or requires special testing
or inspection,
EM ".S i will coordirnante construction efforts with C;aarduncci and Associates and the contractor, and provide liaison
to the City's Project,Manager. We will provide;on-site coordination to assure that the project;meets the plans arid.
specifications and stays on schedule, We will also review and evaluate the contractor's baseline schedule line...by-
line for its reasonableness, conn.forin aance, comprehensiveness and attainability, and rnaaake recommendations for
acceptance or changes. During the weekly construction progress meetings with the contractor, EMCIM will
review the contractor's short tenn progress ssu amid"'3 week look-ahead" schedules and the impact of"work changes,
I i will also analyze schedule "work-aarounads" to bring the project back on schedule when adversely
impacted by changes and delays. Critical areas will be identified to confirm that pnartics, flagged on the critic h
path,have been made aware of'tbeir responsibility to sleet insportant schedule dates,, We will ensure that the pity.
is continually aware of all schedule and cost implications.
EMCM will establish and implement procedures and develop as computerized system. for logging, filing mid
track in of all project submittals, I.Uls, potential change order requests, slpprov d change orders, payer e nt
r.quests and project accounting and cost reporting system. EMCM will utilize similar procedures and hogs
previously applied to Emerald Cheri Raarls Phrase ffh, h tewanny Square, Fallon. Sports Park Phase 1, Possitano Hills
Darla and paassatempo Park.
E C"111 has developed over tine years thnorourg b procedures to rnnanaag e and evaluate change orders,whether owner
or°contractcir initiated,, In order to avoid requests for delays,,R.:l^'hs will be processed immediately once initiated by
the contractor. We will loge all requests and asst as the liaison between the contractor and Carducci and Associates
Landscape Architects. The Landscape Architect may be asked to clarify the contract documents and provides field
instructions and sketches when necessary. p°MC M will hueep» the City in.forn.ied of potential changes arid. rrnalee
recommendations regarding any proposed changes. All change order requests, field orders, and other submittals
will be logged and reported on a weekly basis, Key irafornriatiorn,such as costs associated with each docur:rinernt acrid
potential nine delays will be recorded with the document's general description and status, We will inn nediately
analyze the contractor's time delay claims and change order proposals. `d"hu.e Construction Manager is wwrelll versed
in reviewing plains, specifications, contractual requirements and pricing; criteria for the purpose oil` evaluating
change orders. We will evaluate time and cost impacts, reconcile contractor's cost proposals with p?I1,alGllli✓1's
N� Construction Management Services PropwosM I Page 2
'I, ..fin f f n "MVd
X14
CITY OF DUBLIN
FALL ON Po
I
. � �. u PARK Ih HV<01�
.a, to
estimates, negotiate, and make recdonannnneund.atierrs to tine, City for approval, Our goals have always been to
successfully aa:h n for fairnne.ss and reasonableness and to gain.substantial cost savings f'dor tine Client.
EMCM will review and recconnmernd approval of contractor's monthly payment requests. We will verify work iris.
place against the scpned.uupe, of values s pnrdovi.d..ed. by the contractor at the beginning nruinngg of the puoroJect. We will also
coordinate and expedite functions connected with the contractor's obligation to document as-built aanantn,p es on as
monthly basis,
EM CM will coordinate and schedule the required training sessions for the City Mainntennarrce and Operation
poersdoannel as rt.,q wire d any the cd:orntraac,t spoe.cific;atidorns.
EMCM.will assist in preparing and ancuaoruitorirug;p runclu list items, All inspection reports will be reviewed to assure
there are no outstanding issues tof°noncompliance. We will also coordinate all final sign-soffs to verify correction
of non-compliant items and that al.] contract general conditions are satisfied. :fun c ounviuurnctiaarn with the Landscape
Architect, we will make a a leten-ann.unua.titnun of the remaining work necessary for"substantial cauunnpuleticran"and anent.it5
the contractor doff any deficiencies and coordinate any required corrections, We will ran.ake recommendations for
final acceptance and prayrxneant..
D. VbstC C:'annn.str ctponn.11hase Services.
l iC'l i IIDID devil;leopn pnrcnpe°ct cproseeuat procedures innclu di ng; verification and coordination that all equipment
installation certifications, warranties, pnenrf rmaunce and maintenance bonncls, operation and. rnnai:nntennarnce, marl.i u.als,
as built documents, lien. releases arnd waivers, acceptances of final pnaynnaennt, release of retention and Bother
closeout reports arid documentation, are properly executed, tendered anrn.d included in the project files. All.pm oject
files including contractor's completed as.-built drawings will be provided to tine City..
J he estir anted level cof et"for°t and corresponding hours by each discipline arid.personnel for eaaaln task are detailed in
the following fee proposal spreadsheet.
Ccanstruaratio n IManaagen'nent Suvices Proposal(Page 3
M CAI"
U7, alluiu
It It pnneliv, 0c,
WhArm
Fee proposal f.,caron'.fok,ri wo.widenti F—luee
Pleodaul Sure nittod Clint.:1111412014
Matithto 1 2 1 4 5 6 7 a 9 10 li 12 13 14 is to V
p.4w P—Bid Ph.. Whatti-Y.&I 0-14 Jad,15 Fab-15 M-15 Apr-15 ft-16 Jur-IS Jed-15 6d,9415 Sap-'5 Cict-15 N-AS Doe,15 J-16 F.I 16 IV6,16 AprAG
P—It.&Md R.—Anin Ph-
P—Con
d Unit Ph so
ifeel-rAnst r Uck met 0—11 phaw.
C-4i not Pa..
He.'rly —MIT----------------
Psrs4U- Uff'.
Millog 70VAL IQUAL
�Lwxd- Rat. C*c j- Fob W, Aar May June Jet
liiap Ou Nov Me jou Feb MO, Ap,
Fr
............ ..........
...............---------- 5 4 .... ...........
—Malobar.a.
............................ 4 4 5 4 R. 4 6
L ..........
Labor ftea
...............=
...........................
FJr,c-------------
160[174
............ --- __1111 _
166 1 14
dar" Deklrd $140-0 3 '12
................... _ 1, 4 160 1,638
--------- .............
.............
$167M 14 lw— in
--------- —---------------- ----- --------------K. ..................
�`---------------- --iq�I--ALA?.
'13mic
w-R- hi FP-Elirri.t.r 1I. --------- ................... 112 s
Jim a ....... -- -----fr
�;oimw --I..............
--LI-050( ............... .........
---------------- omvwq-- 1 . .. ........=
.................... ........... ---- 20 20 U., 16 ........
................... lo 20 16 20 212 s
..........
.....................
.............
4 ffoo 1; 194 160 150
MERM�.'�Q�MRWRSABUiEXPENH
I..................
fkr =..........
lar
4,eL9AwOy-A I ----I T-
....................... ------ .............. ----
$..
f 842
.............
.......................... ...............................
.............. ------ ..........
... ........ ----------------
------ ---------
...................
... .. .........................—-
..................
642
TYk46W. FEE
Net-
I.Cini't UrVoa PONtager-Mean 46 me for aleniiat—91,aef.oflity rem—, ify,hq.t-d,�.h.HdlAkeI oil hvn.aRb[Hy—1-tuhrimeaq,I a a,a fa,roron,utiebulky 11M-bmak-cho.ok,4 hl.f.,1.1-ing the L.M.We A,aateat'a.1.stl..tut 14 lu,s I.,bid neWMg;
4 art,or P-9-A!on—thaq;Arid 30 hvq wk for Wwviceo Owing corM rudior and pa��oomAritotion realms
2. Vl�12 hrS tor eWmw of mbating hindul-it—tKicatligho during pre.-bid neviociz 2)0 riufm nowtim,whroule review through App-9;10 hinif a f,e,p,.q,— Md.le pdd,,ra,h-on.4 ahly,r
8 Tire for"—,019%40 hr,(ajb at to chagn aura plea]holder for areyaing dalmo.
3.
All-80ln0.—aW(.,A.a,dAt,wuat.,4,ami lands,,dengcmanuclability rmmu,161—fnr ohnstvUetability rftl"btiak-check and 16 hl-f-1 IWOe.It the L.rrioutifaiikahitml`—t egio,ate during pre-leld foiled.
4. All-40 trainer mocruirdeal,plerelerig and—A 8 h,ofdr emno—tatellty rovlw bwk-cheek and B him for rwima of the tarmxep.Ar lhltoot,i-1 a,ohnat.during O-Wd period.
5 Rai wl Adheroostoor-Alm 4 hra(wk for document haverol—flifurivi-
V.�Vlaaw M lvery finmawmislor mailing ientien,dmumentlwmpla"o?ChiteCtICittrdor.
7.a. "'Itet t I..Istler.hith Juee,30,2016.
Fb
�
1.Independent Cant Elimatintmr—aaf all prontat dPAgitdr,�ifagsdwimlpro-bidpil� no�,included in the af—feeproputat.
2.F—phpo.,l lea firrxv War end valid for d to)-doy adi.dr
C'oristruction Managernent SerAces PrcpcsaB Page 4