HomeMy WebLinkAboutItem 4.13 Shannon Parking Lot Improvements or
19 82 STAFF REPORT CITY CLERK
CITY COUNCIL File # 600-30
DATE: July 21, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Approval of a New Capital Improvement Program (CIP) Project— Shannon
Center Parking Lot Improvements and Approval of Consulting Service Agreement
with Mark Thomas & Company Inc.
Prepared by Michael eoitnott, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider a new CIP Project to renovate the Shannon Center parking lot.
The proposed Shannon Center Parking Lot Improvements Project would refurbish the parking
lot surface, replace and add parking lot lighting, improve drainage, rejuvenate the landscaping,
and make modifications to comply with Americans for Disabilities Act (ADA). The City Council
will also consider a consulting services agreement with Mark Thomas & Company to design the
proposed project.
FINANCIAL IMPACT:
The Shannon Center parking lot improvements are estimated to cost $775,000, and will span
Fiscal Years 2015-16 and 2016-17. During the Fiscal Year 2013-14 budget cycle, the City
Council set aside $775,000 in a General Fund reserve to fund this project. The proposed design
contract by Mark Thomas & Company Inc. has a not-to-exceed amount of $120,000 and is
within the budgeted amount of the engineer's estimate for professional consultant services.
RECOMMENDATION:
Staff recommends that the City Council take the following actions: 1) Approve the addition of
the Shannon Center Parking Lot Improvements Project to the Five Year Capital Improvement
Plan (CIP No. PK0316); 2) Approve the Budget Change Form; and 3) Adopt the Resolution
Approving an Agreement with Mark Thomas & Company, Incorporated for Shannon Center
Parking Lot Improvements.
,J
�ubmitteb By ' � Reviewed By
Public Works Director Assistant City Manager
Pagel of 2 ITEM NO. 4.13
DESCRIPTION:
Staff is proposing a new capital improvement project to renovate the Shannon Center parking lot
The following is a summary of the project:
Shannon Center Parking Lot Improvements Project:
This project will include design and construction of various improvements to the parking lot and
associated amenities. The improvements include, but are not limited to, the following: parking
lot surfacing; pavement markings; parking lot lighting; parking island landscaping and irrigation;
storm drainage; crosswalks; and upgrades to comply with Americans with Disabilities Act (ADA).
It is anticipated that parking for the Shannon Center and the associated park will be impacted
during construction. Staff will work with the designer to build a phasing plan into the contract
documents to allow for no more than 50% of the parking to be taken by the construction
activities at any single time. Additionally, Public Works staff will coordinate with Parks staff to
ensure that construction impacts to facility rentals will be minimized as much as possible.
This project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines.
The design work and improvements would begin in the current fiscal year, with an expected
expenditure of $275,000 from the General Fund in Fiscal Year 2015-16 and the remaining
expenditure of $500,000 from the General Fund in Fiscal Year 2016-17. There is sufficient
funding in the specific General Fund Committed Reserve for this project.
Staff also requests the approval of a consulting services agreement with Mark Thomas &
Company Inc., to provide field surveying, conceptual design, preparation of plans and
specifications for public bidding, and construction administration support for the Shannon Center
Parking Lot improvements. Through the City's consultant selection process for on-call Civil
Engineering firms, Mark Thomas & Company Inc. has been selected to provide the design
services for the Shannon Center Parking Lot Improvement project. Staff negotiated a scope
and fee for these services not-to-exceed $120,000. The Consultant Services Agreement, which
outlines the scope of work and fee schedule, is shown as Exhibit A to the Resolution.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of Staff Report was sent to Mark Thomas & Company Inc.
ATTACHMENTS: 1. Location Map
2. Budget Change Form for the Shannon Center Parking Lot
Improvements Project
3. Resolution Approving an Agreement with Mark Thomas & Company,
Incorporated for Shannon Center Parking Lot Improvements
4. Exhibit A to Resolution —Agreement with Mark Thomas & Company
I nc.
Page 2 of 2
e Location Map of Proposed Improvements
CITY or
DUBLIN
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Notes
Attachment 1
L-Myright 0 100 200 Feet This map is based on City of Dublin GIS Information and reflects the most current information atthe time ofthis printing.The map is intended for reference purposes
only and the City and its staffis not responsible for errors.
-City Of Dublin 6/5/2015 1:1,200 1 inch:100 feet
CITY OF DUBLIN
FISCAL YEAR 2015-16
BUDGET CHANGE FORM
Budget Change Reference#:
City Council's.Approval Required
From Un-Appropriated Reserves Budget Transfer Between Funds
From Designated Reserves X Other
DECREASE BUDGET AMOUNT INCREASE,,BUDGET AMOUNT
Account Amount Account Amount
EXP: General Fund -Parks CIP -Shannon Parking Lot
Improvements
1001.9501.89101 (Transfer Out) $275,000
3500.9501.49999 (Transfer In) $2757000
pk0316.9100.9101 (Salaries& Benefits) $357000
pk0316.9200.9203 (Contract Services-Survey) $1657000
pk0316.9400.9401 (Improvements- Not Building) $757000
REASON,FOR,BUDGET CHANGE
Shannon Parking Lot Improvements project includes design and construction of various improvements to the parking lot and
associated amenities. The improvements include but are not limited to: parking lot surfacing; pavement markings; parking
lot lighting; parking island landscaping and irrigation; storm drainage; crosswalks; and requirements to comply with
Americans with Disabilities Act(ADA).
As Presented at the City Council Meeting 7/21/2015
•
Posted By: Date:
C:\Users\agenda\Desktop\4.13 attch 2 4.13 attch 2
RESOLUTION NO. XX - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AGREEMENT WITH MARK THOMAS AND COMPANY, INCORPORATED
FOR SHANNON CENTER PARKING LOT IMPROVEMENTS
WHEREAS, the Shannon Center Parking Lot was added to the 2014-19 Capital Improvement
Program; and
WHEREAS, the 2014-2019 Capital Improvement Program includes a project to prepare
design and construction documents for the Shannon Center Parking Lot Improvements; and
WHEREAS, the City has solicited proposals from Mark Thomas and Company, Incorporated
to complete the design and construction documents; and
WHEREAS, Mark Thomas and Company, Incorporated has demonstrated ability to perform
said design and construction documents; and
WHEREAS, Mark Thomas and Company, Incorporated is available to perform work as
specified.
NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE to approve
the Agreement with Mark Thomas and Company, Incorporated, attached hereto and authorize
the City Manager to execute the Agreement to include base bid services and optional services
as approved by City Council.
PASSED, APPROVED AND ADOPTED this 21st day of July 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT 3
Project Name: Shannon Center Parking Lot Improvements
Project No. PK0316 Date: 7/21/2015
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
MARK THOMAS &COMPANY, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Mark Thomas &Company, Inc. a California Corporation ("Consultant") as of July 21, 2015.
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 January 31, 2017, 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 One
Hundred and Twenty Thousand dollars ($120,000.00)for services outlined in Exhibit A, 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 B, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as 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
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,
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 2 of 23
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 are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
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
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
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 3 of 23
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
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 (ed. 11/88)or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 4 of 23
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.
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.
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 5 of 23
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 ANIL
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms
of such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 6 of 23
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;
• 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
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 7 of 23
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.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS)to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions,which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the 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 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.
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 8 of 23
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
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 thirty (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,
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
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 9 of 23
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.
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
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City of Dublin and Mark Thomas &Company, Inc. Page 10 of 23
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
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.
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City of Dublin and Mark Thomas &Company, Inc. Page 11 of 23
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
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 Gary Huisingh,
Public Works Director("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Mark Thomas &Company Inc.
Atten: Sasha Dansky, Principal
3000 Oak Road, Suite 650
Walnut Creek, CA 94597
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City of Dublin and Mark Thomas &Company, Inc. Page 12 of 23
Any written notice to City shall be sent to:
Gary Huisingh, Public Works Director
City of Dublin Public Works
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.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and including the compensation schedule attached
hereto and incorporated herein as Exhibit B, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
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City of Dublin and Mark Thomas &Company, Inc. Page 13 of 23
CITY OF DUBLIN CONSULTANT
Mark Thomas &Company
Christopher L. Foss , City Manager Sasha Dansky, Principal
Attest: 94-1451490
Taxpayer Identification Number
Caroline Soto, City Clerk
C0378336
Corporate Entity Number
Approved as to Form:
John Bakker, City Attorney
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City of Dublin and Mark Thomas &Company, Inc. Page 14 of 23
EXHIBIT A
SCOPE OF SERVICES
The specific MTCo services to be provided for the Shannon Community Center Parking Lot project are
outlined below.
TASK 1 PROJECT MANAGEMENT
1.1 PROJECT MANAGEMENT
MTCo's Project Manager will plan, organize, direct and monitor project work activities and resources in
accordance with contracted scope, schedule and budget. This task includes performing ongoing general
project management with City Staff, subconsultants and stakeholders including preparing contract
paperwork, memo's, letters and e-mail, making phone calls and maintaining project files. This activity
commences with receiving the Notice-To-Proceed, continues through submittal of the key final project
deliverables, and concludes at the completion of construction and close out. For this scope of work,
MTCo assumes a project design duration of 6 months.
1.2 STAFF REVIEW MEETINGS
Meetings will be attended by MTCo, City Staff, and others as warranted. We will begin with a project
kick-off meeting to be sure of a mutual understanding of the intended purposes, objectives, milestones
and deliverables of the project. At the project kick-off meeting MTCo will distribute a master Critical
Path Method (CPM) schedule as a draft for review by City Staff. The draft CPM schedule will then be
updated using comments received from attendees. The CPM schedule will be updated at major project
milestones and will be prepared using Microsoft Project software.
Thereafter, meetings will generally be held at key project milestones. MTCo will take the lead in
conducting the meetings including preparation and distribution of the meeting agenda, arrangement of
attendance of meeting participants, and preparation and distribution of meeting minutes, including the
recap of actions to be taken prior to the next meeting.This scope assumes a total of four (4) staff review
meetings.
1. QA/QC
MTCo will use our own internal MTCo QA/QC Plan as a as part of this project. The MTCo Quality Control
Plan consists of established procedures for performing the work including methods for design
calculations, establishing appropriate levels of design development for intermediate submittals,
identification of required plan checks (who, what, when), design checklists, and methods of project
documentation. As part of the QA/QC program, checklists will be used to verify that all aspects of the
project have been adequately reviewed for quality. As the design phase proceeds, the regularly
scheduled reviews will help the team identify and evaluate issues that may affect the project.
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City of Dublin and Mark Thomas &Company, Inc. Page 15 of 23
TASK ELI I A Y ENGINEERING
.1 TOPOGRAPHIC S VEY AND BASE MAPPING
This task will create a set of base maps to use for design and project plans. This mapping will be used to
create a project base map as well as provide accurate pavement grades and topographic information.
MTCo will perform topographic survey of the hardscape and softscape features and existing
surface visible utility appurtenances within and immediately adjacent to the project limits.
These features will include:
• 1ft contours
• Coordinates and elevations of at least 2 benchmarks with datum source
• Spot elevations at
• curblines (every 20ft)
• edges of paving types (every 20ft or at change of direction)
• existing structures,fences, poles, etc
• bases of all trees
• top and bottom of walls
• top and bottom of slopes
• flow lines and lips of gutters and valley gutters
• flow lines of swales
• rim and invert elevations of catch basins, area drains, curb inlets, and drain lines
• existing utilities (underground and above ground)
• easements, right-of-ways
• pavement types
• site furnishings signage
• site lighting and street lighting
• tree species, extent of canopy and diameter size of existing trees
• diameter of existing drain lines
The survey points will be used to generate a base map in AutoCAD.
Utility potholing is not included in the scope of work.
2.2 GEOTECHNICAL ANALYSIS
Crawford &Associates (Crawford) will provide geotechnical engineering services including performance
of subsurface explorations at the project site. Samples will be delivered to an independent laboratory
for testing. Standard Penetration Testing (SPT) and California Modified sampling will be performed
within the borings to obtain samples and blow count information. The borings will be backfilled
according to the boring permit requirements.
Once testing is complete, Crawford will perform engineering analysis for pedestrian concrete pavement,
vehicular asphalt pavement, light pole footings, and retaining wall foundations and prepare and submit
a Draft then, after review, Final Geotechnical Report. Contents of the report will include: Scope of
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City of Dublin and Mark Thomas &Company, Inc. Page 16 of 23
Work; Site Description; Project Description; Field Exploration; Laboratory Testing; Site Geology and
Subsurface Conditions; Design Recommendations; Location Map; Laboratory Test Results, Boring Logs.
Crawford will conduct a CAM-17metals and Multi-Range Total Petroleum Hydrocarbon (TPH) sampling
and testing to determine heavy metal and hydrocarbon amounts in the parking lot's subsoil.
• Perform an field sampling consisting of four Geoprobe°direct push borings to a depth of about
5 ft(assuming project will be limited to within upper 5 ft).
• Submit up to four soil samples from selected borings for laboratory analysis including CAM 17
Total Metals and Multi-Range TPH.
• Evaluate the laboratory data and prepare a preliminary memo.
• Discuss the results with the City and the Design team to determine if additional sampling and/or
laboratory testing is necessary based on the results and planning grading operations. The
decision to perform additional screening will be based on the results of our screening above and
the level of risk the City of Dublin is comfortable assuming.
While it is unlikely results will be sufficient to be a constraint, the analysis is being included to determine
off-haul/disposal suitability early in the process so, if such conditions are discovered, they can be design
for.
.3 SITE INVESTIGATION
With topo survey in hand, MTCo will conduct an on-site investigation to observe, verify, and document
and photograph conditions and opportunities and constraints for in house use in the design process.
The electrical point of connection and panel will be evaluated for suitability by the electrical engineer.
Existing topsoil samples will be collected and submitted to Soil and Plant Laboratory in San Jose for a
nutritional analysis and treatment recommendations.
.4 CONCEPTUAL SIG PACKAGE
DRAF F CONC P FL)AL DESIGN
MTCo will prepare a draft conceptual design package to include a Draft Conceptual Plan at 20 scale,
black and white and a Draft Estimate of Probable Construction Costs for improvements. Package will be
submitted to the City for review and comment.
FINAL CONC P FL)AL DESIGN
Based on comments received, MTCo will refine the plan and estimate to a final level of completion. Plan
will be color rendered for City's use in community outreach.
With City's input, MTCo will prepare and submit a summary memo outlining improvements to be
included in the preparation of PS&Es.
�I III � . � II mm I llllllui. II
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City of Dublin and Mark Thomas &Company, Inc. Page 17 of 23
1111111 11 1
TASK LA Sg SPECS,AN DESTI MATES_JP%ES1
3.1 ELECTRICAL ENGINEERING
Y&C Transportation Consultants (Y&C)will provide electrical design for parking lot site lighting.The
design will maintain the City's minimum 1 foot candle requirement across the surface of the parking
area.
3.2 FINAL DESIGN
MTCo will proceed to prepare final design documents meeting a budget of $470,000. The process will
encompass civil, landscape, structural and electrical design work and result in approved Plans,
Specifications and Estimate (PS&E). MTCo shall prepare Construction Documentation submittals at the
60%, 90% and final bid levels of completion. The approach listed below will best address the scope of
improvements we have discussed project and will be to build upon the Preliminary Engineering by
adding plan information and additional detail sheets until a complete, buildable, and biddable package is
reached.
PLANS
The 60% Plans will be the first "plan sheet" submittal made to the City for review. The 60% plan set will
include all of the sheets shown below. The plans are at the level ready for a detailed quality control
check.
At 90% submittal the plans are approaching a biddable plan form. Major design features have been
reviewed; however, because of the review comments received for the 60% submittal, there may be
some plan details that will be submitted for the first time. Plans are at the level ready for a detailed
quality control check. MTCo will perform a site review with plans in hand to assess constructability of
the project and make changes prior to the PS&E package submittal. MTCo will perform, with a senior
engineer and/or landscape architect, an in-house quality control check of the product.
The final bid package, this submittal represents plans that are ready for bidding. MTCo will incorporate
the City comments from the 90% submittal and submit responses in writing. The MTCo will incorporate
any redline marks from the City and coordinate with the City's reproduction vendor to have a bid set
produced for the City.
Below is an estimated count of plan sheets:
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City of Dublin and Mark Thomas &Company, Inc. Page 18 of 23
jllllll �
11111 -
1 Title Sheet
2 Erosion &Sediment Control Plan and Details,
1 Demolition Plan
2 Grading and Drainage Plan and Details
2 Layout and Site Construction Plan
2 Construction Details
1 Pavement Delineation Plan
2
irrigation Plan and Details
2 Planting Plan and Details
31 Lighting Planand Details
18 = Estimated Sheet Count
SP CIPIC FIONS
MTCo will prepare technical specifications and bid form in the City's standard format. City will provide
the "up front" contract specifications (including bid advertisement, notice to bidders, bond forms, and
general provisions. The basis of the technical specifications will be the Caltrans 2010 Standard
Specifications.The specifications will be submitted at the 90%and 100% levels of completion.
S F1 MA ICS
MTCo shall prepare an itemized estimate of probably construction costs with the preliminary
engineering, 60%, 90%, and 100% submittals. The unit costs shall be determined by reviewing similar
recent project bid summaries. Prices will be adjusted using engineering judgment that reflects the
location of the project and the quantity of each item.
i
VIII
TASK 4 BIDDING AND CONSTRUCTION SUPPORT
.1 BIDDING SUPPORT
MTCo and subconsultants will provide assistance, as required, to the City during bidding of the project.
The work may include answering questions from prospective bidders, assisting the City in the
preparation of addenda to the PS&E during the advertisement period, and providing consultation and
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City of Dublin and Mark Thomas &Company, Inc. Page 19 of 23
interpretation of the construction documents. An allowance has been provided for Bidding Assistance
and will be charged on a time and materials basis.
4.2 CONSTRUCTION SUPPORT
During construction, MTCo and subconsultants will assist City Staff in the administration of construction
activities as required.These services may include the following:
a) Attend Pre-construction meeting
b) Review submittals
c) Provide consulting during the construction phase of the project, including providing written
responses to the City regarding Requests for Information from the Contractor and assist
City staff in preparing Change Orders as required
d) Perform periodic construction visits (assume two during the construction period) to
observe and evaluate the ongoing construction and attend job meetings
e) Prepare a short report of field observations and distribute it to all pertinent team members
f) Assist City staff to prepare 'Punch List'
g) Participate in final inspection and make a recommendation to the City of project
acceptance
Construction support services will be provided on a time and materials basis. A budget allowance has
been included in our fee and assumes a total of 18 hours for construction support.
4.3 PROJECT CLOSE T
MTCo will provide Record Drawings to the City after construction is complete. These drawings will be
based on red-lined as-builts provided by the City construction manager or City contractor. A budget
allowance has been established for this task and depending upon the nature of the redline plans, MTCo
reserves the right to revisit the budget once the task can be fully scoped.
iii .Al
EXCLUSIONS
• Construction Management
• Boundary Survey
• Right of way acquisition
• Water quality testing
• Hazardous materials testing
• CEQA/NEPA clearance
-END-
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 20 of 23
EXHIBIT B
COMPENSATION SCHEDULE
City shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s)entitled, "Fee Proposal for Shannon Community Center Parking Lot," attached hereto.
Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 21 of 23
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Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 22 of 23
EXHIBIT C
Location Map
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Consulting Services Agreement between July 21, 2015
City of Dublin and Mark Thomas &Company, Inc. Page 23 of 23