HomeMy WebLinkAbout4.3 Addendum E Dougherty Hills Landscape CITY OF DUBLIN �j�
AGENDA STATEMENT `� 0O '36
CITY COUNCIL MEETING DATE: December 14 , 1987
SUBJECT East Dougherty Hills Park Landscape
Architectural Services
EXHIBITS ATTACHED A) Agreement for Landscape
Architectural Services for East
Dougherty Hills 'Park
Addendum to Agreement
RECOMMENDATION �)' ` Authorize Mayor to Execute the Addendum
FINANCIAL STATEMENT The Addendum increases the Contract
costs by $5 ,600 which will be paid for
by the Developer of the Villages at
Alamo Creek
DESCRIPTION At the June 20 , 1986 meeting of the
Dublin City Council , the Council approved the Agreement for
Landscape Architectural Services for East Dougherty Hills Park
(Exhibit A) and authorized the Mayor to execute the Agreement.
The consultant has completed A-F of Section III. As stated in G
of Section III, construction administration was not to be
included in the agreement but could .be negotiated at a later date
and the agreement amended to include these activities.
Staff and Consultant met to discuss the performance of inspection
services for East Dougherty Hills Park. As a result of that
meeting, it was agreed that the consultant should focus
inspection efforts on quality control and that City inspectors
would verify compliance with the park plans and specifications,
and City public works standards. It was further agreed to amend
the Agreement as shown in Exhibit B.
The total cost of inspection services provided by Singer and
Hodges shall not exceed $5 , 600 thus bringing the total cost of
the Agreement to $26 , 600 . It should be noted that the Real
Estate Development Firm of Rafanelli and Nahas will be
reimbursing the City for these costs as provided for in the Park
Development Agreement executed on September 8, 1986 .
It is the recommendation of Staff that the Council approve the
addendum and authorize the Mayor to execute the Addendum.
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COPIES TO: Phil Singer, Singer &
Hodges, Inc.
ITEM NO.
Jel
CITY OF DUBLIN
. AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES
EAST DOUGHERTY HILLS PARK
THIS AGREEMENT; made and entered into this 20th day of June, 1986
at Dublin, County of. Alameda, State of California, by and between
City of Dublin through its duly, elected or appointed officers,
hereinafter called "CITY" and Singer & Hodges, Inc. , hereinafter
called "CONSULTANT" .
WITNESSETH: That the CONSULTANT for and in consideration of the
covenants , conditions, agreements and stipulations of the CITY
herein expressed, does hereby agree to furnish to the CITY
services and materials , as follows :
SECTION I - PROJECT COORDINATION
(A) City
The City Manager will be the representative of CITY for all
purposes under this Agreement . Diane Lowart, Recreation
Director hereby is designated as the PROJECT MANAGER for the
City Manager_ and shall supervise the progress and execution
of this Agreement and shall be assisted by Lee S. Thompson,
PROJECT ENGINEER.
(B) Consultant
Consultant shall assign a PROJECT DIRECTOR to have overall
responsibility for the progress and execution of this
Agreement for CONSULTANT. The assignment of personnel shall
be consistent with the proposal submitted by the Consultant
(Exhibit A) . Should circumstances or conditions subsequent
to the execution of this Agreement require a substitution,
the personnel substituted shall be subject to the prior
written approval of the PROJECT ENGINEER.
SECTION II - SCOPE OF PROJECT
The scope of the project to be executed by CONSULTANT under
this Agreement is as described in Exhibit "A" attached
hereto and made a part hereof.
SECTION III - DUTIES OF CONSULTANT
(A) Design
The total park design shall include items numbered 1 through
4 in Section II of Exhibit A. This shall include the usual
professional services of civil, electrical engineering,
landscape architecture, and irrigation as applicable .
(B) Design to Conform to Masterplan
The City Council has adopted a Park Masterplan which
provides preliminary outlines for the development of East
Dougherty Hills Park . This Agreement shall relate to the
design of Phase I Improvements to the site . The CITY shall
make the Masterplan, supporting conditions, calculations,
sketches , diagrams, and other useful documents available for
use by CONSULTANT. The final design, plans and
specifications shall reasonably conform to the adopted
Masterplan.
(C) Preliminary Plans _
CONSULTANT shall prepare preliminary plans, cost estimate
and outline specification. A minimum of five (5) copies of
the documents shall be submitted for review and approval by
PROJECT ENGINEER.
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(D) Presentation of Preliminary Plans
• CONSULTANT shall coordinate with CITY staff a presentation
of the preliminary plans .
(E) Construction Documents :
Based on the review and refinements made by the PROJECT
ENGINEER and PROJECT MANAGER, CONSULTANT shall proceed with
the preparation of bid documents, plans, specifications, and
cost estimate.
(F) Assistance with Bid Process
The CITY may request the assistance of the CONSULTANT during
the bid process . This may include attendance at the pre-bid
conference, analyzing bid submittals, and participation in
the pre-construction conference . CONSULTANT shall be
available to answer inquiries regarding the plans &
specifications by contractors and the CITY during the
bidding period.
(G) Construction Administration
Although construction administration and inspection were
included in Exhibit A under items numbered 5 and 6, these
activities shall not be deemed a part of this Agreement .
The CITY shall retain the right and the CONSULTANT shall
agree that the scope and cost of these services may be
negotiated at a later date and this Agreement may be amended
to include these activities .
SECTION IV - COMPLETION DATE
It is understood that time is of the essence of this
Agreement . CONSULTANT shall complete the. work described in
this Agreement within 120 calendar days of a notice to
proceed being issued by the CITY. It is understood that
the CITY shall exercise due diligence in performing it ' s
tasks to implement the CONSULTANTS timetable .
SECTION V - COSTS
(A) Compensation; Method of Payment
1 . The fee for the services indicated in this Agreement
shall be $21, 000 (based on a construction budget of
$525, 000-$600, 000 ) .
2 . Bills shall be submitted monthly based on the progress
of work.
3 . Net payment is 30 (thirty) days .
4 . The CITY shall retain 10% of the billing, said
retention shall be paid to CONSULTANT with final
payment upon successful completion of the scope of work
outlined in the Agreement .
(B) Reimbursable Expenses
1 . Reimbursable expenses are in addition to the
compensation for services and include actual
expenditures made by or on behalf of CONSULTANT in the
interest of the project for the expenses listed as
follows :
(a) Expense of additional reproductions, postage and
other documents not included in this Agreement .
(b ) If authorized in advance by CITY, expense of
overtime work requiring higher than regular rates .
(c ) Expense of any additional renderings, models and
mock-ups requested by the CITY not included in
this Agreement . -
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(C) Additional Services
1 . Any extra services in addition to those indicated in
this Agreement shall be billed at the hourly rates
listed below in addition to the fee indicated in
Section V above .
Senior Principal $65. 00 per hour
Principal $55.00 per hour
Associate $50.00 per hour
Construction Inspector $40 .00 per hour
Draftsperson $40 . 00 per hour _
Clerical $25.00 per hour
SECTION VI - OWNERSHIP OF DOCUMENTS
The CITY shall have full and complete access to CONSULTANTS
calculations , drawings, specifications and other documents
during progress of work. All such documents prepared by
CONSULTANT shall become the property of the CITY upon
completion of the project or termination of this Agreement .
The CONSULTANT may retain a copy of all material produced by
CONSULTANT pursuant to this Agreement for use in its general
business activities . Should the CITY desire to use the work
completed under this Agreement for purposes other than those
intended under this Agreement, the CITY will notify
CONSULTANT in writing prior to any other reuse of said
documents .
SECTION VII _ DUTIES OF CITY
(a) CITY shall provide full information regarding its
requirements for the project .
(b) CITY shall examine documents submitted by CONSULTANT
and shall render decisions pertaining thereto promptly,
to avoid unreasonable delay in the progress of
CONSULTANT' s work.
(c ) CITY shall furnish environmental, structural,
mechanical and other laboratory tests , inspections and
reports as required by law or by the contract
documents .
(d) The services , information, surveys and reports
required above shall be furnished at CITY' s expense,
and CONSULTANT shall be entitled to rely upon the
accuracy thereof.
(e ) If CITY observes or otherwise becomes aware of any
fault or defect in the project or nonconformance with
the contract documents, CITY shall give prompt written
notice thereof to CONSULTANT.
(f) CITY shall furnish information required by CONSULTANT
as expeditiously as possible .
SECTION VIII - INTEREST OF CONSULTANT: CONSULTANT INDEPENDENT OF
CITY
In accepting this Agreement, CONSULTANT covenants that it
presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance
of the services hereunder. CONSULTANT further covenants
that, in the performance of this Agreement, no subcontractor
or person having such an interest shall be employed.
CONSULTANT certifies that no one who has or will have any
financial interest under this Agreement is an officer or
employee of CITY.
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SECTION IX - OUTSIDE CONSULTANTS
• CONSULTANT shall be responsible for employing all outside
consultants (subconsultants ) necessary to aid CONSULTANT in
the performance, of the services listed in Section III of
this Agreement ; provided, however, that all such
subconsultants shall receive prior approval of CITY in
writing and shall remain acceptable to CITY during the term
of this Agreement .
SECTION X - INDEMNITY
CONSULTANT agrees to indemnify, hold harmless and defend
CITY, its officers, agents, and employees , from and against
any and all claims, demands or liability of any sort which
may arise out of the negligent acts, errors, omissions or
other breach of duty by the CONSULTANT, its subconsultants,
if any, employees or agents .
SECTIO14 XI - INSURANCE
(A) Liability Insurance
CONSULTANT, at is sole cost and expense, shall obtain and
maintain in full force and effect throughout the entire term
of this Agreement the insurance coverage, insuring not only
CONSULTANT, but also (with the exception of workers '
compensation and employer' s liability insurance) , CITY, its
officers, agents, and employees, and each of them but only
in regard to this project . Limits of said policy shall be
deemed acceptable by the City Attorney.
Certificates of such insurance, shall be filed with CITY' s
approval, within ten (10 ) days thereafter . Said
certificates shall' be subject to the approval of the City
Attorney and shall contain an endorsement stating that said
insurance is primary coverage and will not be cancelled or
altered by the insurer without thirty (30) days prior
written notice to CITY of such cancellation or alteration,
and that the City of Dublin is named as an additional
insured (except in policies of professional liability
insurance ) . Current certificates of such insurance shall be
kept on file at all times during the term of Agreement .
(B) Workers ' Compensation
�CONSULANT certifies that it is aware of the provisions of
the Labor Code of the State of California which require
every employer to be insured against liability for workers '
compensation or to undertake self-insurance in accordance
with the provisions of that code, and it certifies that it
will comply with such provisions before commencing the
performance of the work of this Agreement .
SECTION XII - AGREEMENT BINDING
The terms , covenants, and conditions of this agreement shall
apply to, and shall bind, the heirs , successors, executors,
administrators , assigns, and subcontractors of both parties .
SECTION XIII - NONASSIGNABILITY
(A) Personal Services of Consultant
Both parties hereto recognize that this agreement is for the
personal services of CONSULTANT and cannot be transferred,
assigned, or subcontracted by CONSULTANT without the prior
written consent of CITY.
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(B) Services of Subconsultants and Their Employees
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perform .the 'services of CONSULTANT
hereunder. No subconsultant -of ., CONSULTANT will be
recognized by CITY as such; rather, all , subconsultants are
deemed to be employees of CONSULTANT, ' .and it agrees to be
responsible for their performance.' !. CONSULTANT shall give
its personal attention to the fulfillment of the provisions _
of this Agreement by all' of - ' its. , employees and
subconsultants, if any, and shall - keep ' the work under its
control . If any employee or--subconsultant ' of CONSULTANT _
fails or refuses to . carry out .. the provisions of this
Agreement or appears to be incompetent or to act in a
disorderly or improper manner, . : --he or she shall be
discharged immediately from the work under this Agreement
on demand of CITY.
SECTION XIV - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skilled in the
professional calling necessary to perform the work agreed to
be done hereunder and that CITY relies upon the skill of
CONSULTANT to do and perform the work in the most skillful
manner, and CONSULTANT agrees to thus perform the work. The
acceptance of CONSULTANT's work by CITY does not operate as
a release of CONSULTANT from said obligation.
SECTION XV - TERMINATION OF AGREEMENT
This Agreement may be terminated at any time for breach and
CITY may terminate unilaterally and without cause upon
thirty (30) days written notice to the CONSULTANT. All work
performed pursuant to the Agreement and prior to the date of
termination may be claimed for reimbursement, upon audit and
verification of the work completed, pursuant to the
schedule of rates in Section V(C) .
ATTEST:
' City Clerk Y OF DUB , M or
SINGER & HODGES, INC.
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EXHIBIT A
PROPOSAL INFORMATION
1. FEE SCHEDULE
Hourly Rates: Senior Principal $65.00 per hour
Principal $55.00 per hour
Associate _ $50.00 per hour
Construction Inspector $40.00 per hour
Draftsperson $40.00 per hour
Clerical $25.00 per hour
2. FEE PROPOSAL AND TIME SCHEDULE
The fee is based on a construction budget of $525,000.00 to $600,000.00.
The proposed fee for the Services, Items 1 through 6, as described in the
invitation for proposal , would be as follows:;
(1) 'Preliminary plans, cost estimate, and outline
specification for review and approval $ 3,000.00
(2) Presentation of preliminary construction
plans and coordination with city staff . . . . . 500.00
(3) Preparation of bid documents, plans, speci-
fications and cost estimate . . . . . . . . . . . . . . 16,000.00
(4) Assistance to City during bid process . . . . . . . . . . 1,500.00
(5) Daily construction inspection on an hourly
basis; assume 90 working days. Allow five
hours per day (includes travel time) . . . . . . 19,000.00 to 24,000.00
(6) Construction administration; assumes one and
one half days per week for construction
inspector administration . . . . . . . . . 8,000.00 to 10,000.00
The total fee would range from $48,000.00 to S55,000.00, depending on the
actual hours ,spent during the construction administration/inspection stage.
The scope of work that you have outlined is realistic. Based on our
experience, the proposed scope of services is critical to the successful
realization of this project.
At this stage, it is difficult to anticipate the exact amount of work -
required for, the construction inspection, administration and the bid
process. Singer & Hodges, Inc. would be willing to provide these services
based on a mutually agreeable lump sum fee or on an hourly, "not to
exceed" , basis.
Project Schedule:
A. Preparation of preliminary plans,
outline specifications, and cost estimates,
including meetings with staff. 3 weeks.-_,
B. Preparation of final working drawings,
specifications and bid documents 8 Weeks
C. Bid Period/And Notice to Proceed •6 Weeks
D. Project construction 90 working days
(aproximately 18 weeks)
3. PROPOSED PROJECT LEADER
Philip Singer, Principal and President of Singer & Hodges, Inc., a
registered Landscape Architect in California, will act as project leader.
He received a Bachelor of Landscape Architecture degree from the University
of California, Berkeley, in 1965. Mr. Singer began his professional career
with the nationally recognized firm of John Carl Warnecke, where he served
as a designer on a number of campus and planning projects, including .work
on the University of California, Berkeley campus, the revitalization of the
San Francisco downtown area, and Asilomar State Park.
From 1966 to 1971, Mr. Singer was an Associate, Project Manager and
Designer with the firm of Ribera & Sue Landscape Architects in Oakland.
While associated with Ribera & Sue, he designed and managed numerous award
winning park and recreation projects throughout California and Arizona. He
has also been a guest lecturer on topography, grading and park design at
the University of California, Berkeley, from 1975 through 1982; and he con-
ducted seminars on park design for the California Park and Recreation
Society in 1975 and 1980.
Mr. Singer has been the coordinating principal for the majority of park
work undertaken by Singer & Hodges, Inc. In 1983 Phil Singer served as
• president of the Northern California Chapter of the American Society of
Landscape- Architects.
4. ADDITIONAL PERSONNEL
Ronald Hodges, Principal and Vice President of Singer & Hodges, Inc. Will
oversee the irrigation and planting design. Ronald Hodges graduated from
the University of California, Berkeley, with a Bachelor of Landscape
Architecture degree in 1968. Mr. Hodges has an extensive background in
plant horticulture and is an accomplished sculptor. He was an Associate;
Designer and Project Manager of several award winning park and environmen-
tal planning projects while affiliated with the firm of Ribera and Sue from
1966 to 1972. Mr. Hodges is a registered Landscape Architect in
California.
John Montague , Principal of Singer & Hodges, Inc. is a graduate of Syracuse
University, and the State University of New York, College of Environmental
Science and Forestry, receiving a Bachelor of Science degree in 1976 and a
Bachelor of Landscape Architecture degree in 1977. John is a registered
Landscape Architect in the State of California and has practiced with the '
firm of Singer & Hodges, Inc . for the past five years. Prior to joining
Singer & Hodges, Inc., he was associated with the landscape architectural
firms of John Sue Associates and Melvin Lee Associates. John Montague has
served as Project Manager and Designer -on a number of park and recreation
and commercial projects. An active member of the Northern California
Chapter of the American Society of Landscape Architects, John Montague ser-
ves as editor of the Chapter Quarterly Professional Journal . Since 1982,
John has been lecturer for the Grading and Drainage portions of the state
licensing exams seminars sponsored by the American Society of Landscape
Architects.
Tom Rogers, Engineering Consultant, will provide electrical engineering
services as necessary. Mr. Rogers has a great deal of experience in the
area of park and recreational lighting. Mr. Rogers has worked for a number
of local communities, including Redwood City, Sunnyvale, Mountain View,
Daly City, Walnut Creek, Oakland, etc. Recently, Tom Rogers collaborated
with Singer & Hodges, Inc. on the lighting design for the Sellick Community
Park in South San Francisco and the Downtown Park North project in Palo
Alto.
5. FIRM BACKGROUND/FINANCIAL STABILITY
Singer & Hodges, Inc. has considerable experience in park and recration
planning and urban design. From the firm's beginning in 1972, up to the
present, Singer & Hodges, Inc. has provided professional services,
including master planning , preliminary design, and the preparation of
contract documents. In addition, the firm has developed specialized exper.-
tine in historical restoration, site development, urban design,
recreational programing and environmental planning. Singer & Hodges,
Inc.' s staff size, which includes three Principals, two Associates, four
staff Landscape Architects and two Administrative Assistants is of adequate
size to perform all or the necessary services in a timely and efficient
manner.
Recently, Singer & Hodges, Inc. has completed two interesting and complex
city parks , the Hoover School Park in Redwood City, and Downtown Park North
for the City of Palo Alto. Contractor bids for both projects were slightly
below our estimate, allowing the City to completely de,telop each site and
add additional optional facilities.
In addition to preparation of working drawings and specifications, Singer b
Hodges, Inc— provided complete construction inspection/administration ser-
vices for the Downtown Park North project in Palo Alto. Please contact Mr.
James Harrington, City of Palo Alto Engineering Project Manager, (415)
329-2693, and Mr. Peter Griffiths , Director of Parks and Recreation, (415)
364-6060, for reference.
* Refer to accompanying Park and Recreation Summary of Experience
Singer & Hodges, Inc. has an excellent financial record. The firm was
established in Oakland in 1972. Singer & Hodges, Inc. banks at Summi�
Bank, (2969 Broadway, Oakland, CA 94612, contact Ms. Shirley Nelson,
President) , where the firm has a long and well established credit history.
In addition, Singer & Hodges , Inc. has a line of credit available to use as
necessary. Additional specific financial information will be furnished
upon request.
CITY OF DUBLIN
ADDENDUM TO THE AGREEMENT FOR
LANDSCAPE ARCHITECTURAL SERVICES
EAST DOUGHERTY HILLS PARK
Singer & Hodges, Inc. , CONSULTANT, and the City of Dublin, CITY,
hereby amend The Agreement For Landscape Architectural Services
For East Dougherty Hills Park dated June 20 , 1986 as follows:
SECTION III (G) shall be replaced by the following:
Construction Observation Services
A representative of Singer & Hodges, Inc. shall make 20
visits to the East Dougherty Hills Park site in Dublin,
California during construction and maintenance to ascertain
if the park construction and landscape work is generally
proceeding in conformance with the drawings and
specifications . On the basis 'of such on-site observations,
as landscape architect, Singer & Hodges, Inc. shall keep the
City of Dublin informed of the progress and quality of work.
Additional construction observation requested by client shall be
billed as additional services.
SECTION V (A) , 1 . , *shall be replaced by the following:
The fee for services indicated in Section III, Subsections
A-F shall be $21 , 000 . Subsection G shall be billed at the
hourly rates indicated in Section V (C) , but shall not
exceed $5 , 600 .
SECTION V (C) , shall be replaced by the following:
Any extra services in addition to those indicated in this
Agreement shall be billed at the hourly rates listed below
in addition to the fee indicated in Section V (A) above.
Senior Principal $75. 00 per hour
Principal $60 .00 per hour
Associates $45 .00 per hour
Draftsperson $35 .00 per hour
Clerical 1 $30 .00 per hour
Clerical 2 $25 .00 per hour
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