HomeMy WebLinkAboutReso 49-16 Fallon Sports Park Geotech Services RESOLUTION NO. 49 - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AGREEMENT WITH LAI & ASSOCIATES FOR GEOTECHNICAL
SERVICES FOR PROJECT PK0414 FALLON SPORTS PARK — PHASE II.
WHEREAS, the 2014-2019 Capital Improvement Program includes a project to construct
Project Number PK0414, Fallon Sports Park Phase II; and
WHEREAS, the City has solicited proposals from Lai & Associates to perform
geotechnical services for the construction phase; and
WHEREAS, Lai & Associates has demonstrated ability to perform geotechnical services
for the construction phase of said project; and
WHEREAS, Lai & Associates is available to perform the work as specified; and
WHEREAS, the City Council authorizes the City Manager to approve contract
amendments to Lai & Associates contract up to the 10% contingency.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does
hereby approve the Agreement with Lai & Associates, attached hereto as Exhibit A and
authorize the City Manager to execute the Agreement.
PASSED, APPROVED AND ADOPTED this 5th day of April, 2016, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
M yor
ATTEST:
;4/
City Clerk
Reso No.49-16,Adopted 4-5-16, Item 7.1 Page 1 of 1
EXHIBIT A
CONSULTING SERVICES AGREEMENT BE1WEEN
THE CITY OF DUBLIN AND
LAI AND ASSOCIATES
THIS AGREEMENT for consulting services is made by and between the City of Dublin("City")and
Lai and Associates("Consultant")as of April 5, 2016.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on December 1, 2017,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$143,400
(one hundred and forty-three thousand four 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 Consultants
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services
performed by more than one person.
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently,the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
Notwithstanding the not to exceed"compensation amount in the preceding paragraph, the Contract
Administrator may authorize payment above the"not to exceed"amount to allow Consultant to provide
additional services, or, to compensate Consultant for services provided within the original scope of work in
excess of the hours specified in Exhibit A. In no event, however, shall the Contract Administrator authorize
payment of such additional payments in excess of 10%of the"not to exceed"amount.
2.1 Invoices. Consultant shall submit invoices,not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period,the balance available under the Agreement, and
the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work,the hours spent by each person,a brief description of the work, and
each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee,agent,or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
• The Consultants 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.
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2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra,further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown in Exhibit A
2.6 Reimbursable Expenses. Reimbursable expenses are excluded from this Agreement.
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
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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
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").
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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.
4.3.3 The policy must contain a cross liability or severability of interest clause.
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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 Consultants 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
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.
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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,agent, 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
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
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under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Notwithstanding the foregoing,to the extent that this Agreement is a"construction contract'as defined in
California Civil Code section 2783,as amended from time to time, such duty to indemnify shall not apply
when to do so would be prohibited by California Code section 2782.
In the event that Consultant or any employee, agent,or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS)to be eligible for enrollment in PERS as an employee of City,Consultant shall
indemnify,defend,and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
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 10 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,
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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
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
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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 approver 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
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. ft 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
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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,
andlor 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.
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.
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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 etseq.,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:
Lai and Associates
Attn: Paul Sai-Wing Lai, Vice President
4400 Market Street
Oakland,CA 94608
Any written notice to City shall be sent to:
City of Dublin
Attn: Chris 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
Consulting Services Agreement between April 5,2016
City of Dublin and Lai and Associates Page 12 of 13
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,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
Chris L. Foss, City Manager Paul Sai-Wing Lai
Attest,
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
Consulting Services Agreement between April 5, 2016
City of Dublin and Lai and Associates Page 13 of 13
Exhibit A
LAI & ASSOCIATES
GEOTECHNJCAL ENGINEERS
Via Email
January 20, 2016
Job No. 210.300
Ms. Rosemary Alex
Park and Facilities Development Coordinator
City of Dublin
100 Civic Plaza
Dublin, California 94568
Subject: Geotechnical Engineering Services during Construction
Fallon Sports Park—Phase 2
Fallon Road and Central Parkway
Dublin, California
Dear Ms. Alex:
We are pleased to present this proposal to provide geotechnical engineering services during
construction of the Fallon Sport Park — Phase 2 in Dublin, California. The park is located at the
northwest corner of Fallon Road and Central Parkway and the site of the Phase 2 improvements is
located at the southern and lower terrace portion of the park. We previously performed a geotechnical
investigation for the project and presented the results in our April 11 2014 report (Job No. 210.200).
As shown on the Revised Master Plan, the proposed improvements include two synthetic turf soccer
fields, a baseball field, a recreation/concession/restroom building, bocce courts, an entry road, two
parking lots, retaining walls, plaza area, walkways, sidewalks and lights. Moderate grading is
anticipated for the proposed improvements.
SCOPE OF SERVICES
Based on our experience with similar projects and your April 6, 2015 letter, we recommend that the
scope of our services include the following:
1. Consultation during value engineering and grading plan revision in May/June 2015;
2. Consultation during value engineering and project plan update in November/December 2015;
3. As needed, provide geotechnical consultation during construction;
4. As needed, attend one 2-hour pre-construction meeting and fifteen 2-hour construction
progress meetings;
5. On a full-time basis, provide geotechnical observation and testing during site preparation and
grading;
6. On a part-time basis,provide geotechnical observation and testing during underground utility
installation, retaining wall construction and subdrain installation;
7. On a part-time basis, provide geotechnical observation and testing during soccer field
construction;
4400 Market Street,Oakland,CA 94608;Cell:(925)639-3836;Email:paulslail1Qemail.com
January 20, 2016
Job No. 210.300
Page 2
8. On a part-time basis, provide geotechnical observation and testing during building and trash
enclosure construction;
9. On a part-time basis, provide geotechnical observation and testing during pavement
construction;
10.On a part-time basis, provide geotechnical observation and testing services during concrete
pathway,plaza and sidewalk construction;
11.On an on-call basis, observe the drilled pier holes for the Musco poles, baseball scoreboards,
shade structures, flag pole,trellis and fencing of 10 feet or higher;
12. Laboratory testing to support the field operation; and
13. Prepare a report summarizing the results of our observation and testing.
FEE ESTIMATE
We propose to provide our services on a time-and-expense basis in accordance with the attached Fee
Schedule—2016. We are prepared to provide the scope of services outlined above for an estimated cost
of$143,400, distributed roughly as follows. We will not exceed the estimated cost without your
written authorization.
TASK DESCRIPTION ESTIMATED
COSTS
Consultation during May/June 2015 $2,000
Consultation during November/December 2015 $400
Consultation during Construction $6,000
Pre-construction and Progress Meetings $4,000
(estimated sixteen 2-hour meetings)
Geotechnical Observation and Testing during Site Preparation and Grading $13,000
(estimated two 40-hour weeks at$6,500/week)
Geotechnical Observation and Testing during Underground Utility Installation,Retaining
Wall Construction and Subdrain Installation $72,000
(estimated eighteen 30-hour weeks at$4,000/week)
Geotechnical Observation and Testing during Soccer Field Construction S 6,000
(estimated two 20-hour weeks at$3,000/week)
Geotechnical Observation and Testing during Building and Trash Enclosure Construction $6,000
(estimated two 20-hour weeks at$3,000/week)
Geotechnical Observation and Testing during Pavement Construction $6,000
_(estimated two 20-hour weeks at$4,000/week)
Geotechnical Observation and Testing during Pathway,Plaza and Sidewalk Construction $ 16,000
(estimated four 30-hour weeks at$4,000/week)
Geotechnical Observation of Drilled Pier Holes $4,000
(estimated eight 4-hour visits at$500/visit)
Geotechnical Laboratory Testing $4,000
Construction Report $4,000
ESTIMATED TOTAL $143,400
The time estimate for our services is not exact because many factors during construction (i.e.,
construction schedule, contractor's rate of progress, weather, and actual subsurface conditions
4400 Market Street,Oakland,CA 94608;Cell:(925)639-3836;Email:paulslaillnsmait.com
January 20,2016
Job No. 210.300
Page 3
encountered) are beyond our control. The above cost estimate does not include charges for
observation and retesting during the repair of unsatisfactory work performed by the contractor. We
have assumed an 8-hour day and a five-day week (Monday through Friday); overtime will result in
extra costs. In addition, the above cost estimate does not include show-up time when our field
technician is scheduled for the project and the contractor cancels work without adequate notice. We
have a three-hour minimum charge for show-up time. Should such charges be incurred, they will be
billed to you but could be itemized if requested.
We will keep you advised of our job charges by issuing monthly progress billings and will inform you
of any changed condition which might significantly affect our total fee.
If you have any questions regarding our fee or scope of services, please do not hesitate to call us. If
this proposal meets your approval,please provide a City of Dublin contract to us as the authorization
of our work. Thank you for the opportunity to respond to your needs.
Respectfully submitted,
Li T & A S CPTES
a ''c'
Pa Sai-Wing I,ai
Vi President
GE 2326
PSUPROPOsAZ2
Attachment: Fee Schedule-2016
4400 Market Street,Oakland,CA 94608;Cell:(925)639-3836; Email:pauislaillC amafl.com
LAI & ASSOCIATES
FEE SCHEDULE-2016
General Billina Rate/Hour
Principal Engineers and GeciogIsts.. $206.00
Senior Engineers and Geologists 157.00
Project Engineers and Geologists 141.00
Staff Engineers and Geologists 125.00
Engineering Technicians 109.00
Draftsman 93.00
Word Processor .. 65.00
Clerical .44.00
Outside Services. Cost+20%
Vehicle . 60ft/mile
Nuclear Density Gauge(Two-Hour Minimum) . - 13.00
Seismograph(12 Channel).... 409.00/day
Slope Indicator 289.00/day
Shoring 122.00/day
Water Purr 35.00/day
Piezometer Read-Out Unit 174.00/day
Settlement Transducer Read-Out 174.00/day
Overtime work performed at the request of the Client or necessitated by Contractor working overtime will be billed of 1.5 times the hourly rates
listed above.
Expert witness testimony/deposition minimum charges:$3.100/day.$2.100/half-day;preparation at applicable hourly rates.
Project-related out-side costs inducing: Equipment rental,consultants,special fees.permits or insurance,meals and lodging and other similar
items are billed at cost+20%.In lieu of individually charging for.photo copies,tederol express,facsimile,telephone and clerical time aflat fee of
2%of total labor will be charged. Copies of previously issued reports of up to 50 pages will be billed at$80.00 for the first copy,and$45.00 for
each additional copy. Specific quotes for larger reports and/or reports containing drawings larger than 8%X 11 inches.
laboratory Tests
(Unit charge for laboratory testing including the normal laboratory work and report of results only. Unusual or time-consuming sample
preparation or special tests are billed ai hourly charge for the laboratory technician.Charges for testing which are not listed will be given upon
request. Similarly.a reduction of the Fee Schedule rate can be given for a large number of tests).
Billing Biting
Rate/Test Rate/Test
Classification Tests Shrink/Swell Tests(including moisture content
Atterberg Limits(PI&LL) $25B and dry unit weight determinations)
Sieve Analysis 247 A.Undisturbed $103
Percent Passing#200 Sieve 67 B.Remolded 197
Hydrometer Analysis . 150 Strength Tests(inducing moisture content
Sand Equivalent 129 and dry unit weight determinations)
Specific Gravity 155 Direct Shear.Per Paint
Bulk Specific Gravity 134 A.Undisturbed .-...63
Moisture Content/Unit Weight 36 B.Remolded 123
Compaction Cunres Triaxial Compression,Per Point
A.4-Inch Mold 290 A.Unconsolidated.Undrained 160
B.6-Inch Mold 340 B.Unconsolidated.Undrained&Backsaturafion 272
C.Cal Impact(Wet) 247 C.Consolidated,Undrained . 293
D.Col Impact(Dry) 290 D.Consolidated,Undrained&Backsaturated. 369
E.1 Point Verification 105 E.Consolidated.Drained . 290
Durability Factor F.Pore Pressure Measurements..... 97
A.Fine . . 119 G.Remolded Specimens,Add.Per Point 69
B.Coarse 196 Unconfined Compression
1.,A.Rattler 247 A.Undisturbed 103
R-Value Tests B.Remolded.. 163
Not Requiring Reproportioning 340 Consolidation)rests(inducing moisture content
Requiring Reproportioning 381 and cry unit weight determinations)
Cement,lime,Other 381 A.Undisturbed 244
Concrete Tests(including moisture content B.Remolded 312
and dry unit weight determinations) C.Time Compression Curve,Per Increment 69
A.Compression Tests(each specimen) 36 Asphaltic Concrete
B.Trial Batch 990 A.Maximum Density . 186
B.Extraction 165
C.Gradation.. 247
A new Fee Schedule is issued at the beginning of each year.Unless other arrangements have been mode,charges for all work
performed after December 31.2016.(including projects initiated in the prior year)will be based on the new schedule of charges.
A service charge of one percent per month(but not exceeding the maximum rate allowable by low)will be payable on any amounts
not paid within 30 days,payment thereafter to be applied first to accrued interest and then to the principal unpaid amount.Any
attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client.
CITY OF DUBLIN
CONTRACT AMENDMENT NO.3
PROJECT: Fallon Sports Park—Phase II PAGE 1 OF 1
TO: Carducci and Associates,Incorporated AGREEMENT DATED October 1,2013
between Carducci and Associates,
Incorporated and the City of Dublin
You are hereby directed to make the herein described changes from the scope of services or do the following described work not included
in the scope of services on this contract.
NOTE: This change order is Rot effective until approved by the City Manager
Description of work to be done,estimate of quantities,and prices to be paid. Segregate between additional work at contract price,agreed
price and force account.
Chance requested by: City of Dublin
1. The City requested that Carducci and Associates,Incorporated provide additional services for Fallon Sports Park
—Phase II to assist with construction administration through project construction based on the scope of work dated
March 18,2016 as further detailed in proposal attached hereto. In addition the term of services on the Agreement
dated October 1,2013 shall be extended to December 1,2017 to cover the timeframe in which construction will
occur.
COST INCREASE: $129,725.00
SUBMITTED BY: APPROVAL RECOMMENDED BY APPROVED BY
Rosemary Alex Date: Gary Huisingh Date: Christopher L. Foss Date:
Parks and Facilities Development Coordinator Public Works Director City Manager
We,the undersigned contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,
that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all services necessary for the
work above specified,and will accept as full payment therefor the prices shown above.
Accepted,Date Contractor. Carducci and Associates,Incorporated.
By Title: Principal
William E.Fee
If the Contractor does not sign acceptance of this order,his,ther attention is directed to the requirements of the specifications as to
proceeding with the ordered work and filing a written protest within the time thorcin specified.
ATTACHMENT #5
March 18,2016
City of Dublin
100 Civic Plaza
Dublin,CA 94568
Attn: Rosemary Alex
Subject: Fallon Sports Park, Phase 2
Job Number: Dub13-02
Additional Services Agreement t3
Dear Rosemary:
This letter is in response to the City of Dublin's request for Carducci Associates to
provide additional services on the project referenced above. The scope of these services
will be to provide construction administration as follows:
Construction Administration
Construction Administration may include reviewing contractor's submittals, responding
to contractor's request for information, providing supplemental Information and
attending twenty-five(25)progress meetings at intervals appropriate to the stages of job
construction and at completion to determine general conformity of the work to the plans
and specifications as applied to each area independently as listed above, This is not a
full-time or exhaustive inspection and the Landscape Architect shall not be responsible
for job safety, construction methods or sequences, or work that has been negligently
and incorrectly installed by the contractor.
a, Attendance at pre-construction meeting
b. Respond to Requests for Information
c. Review contractor's submittals. (1) One re-submittal will be accepted. Any further
re-submittal will be reviewed and charged as additional services.
d. Provide supplemental information and clarifications as required
e. Attend twenty-five (25)progress meetings during construction
f. Site observation and punchlist prior to the commencement of the contractor's
maintenance period
g. Site observation and punchlist for acceptance of contractor's work
h. Further site visits, if requested,will be billed as additional services per our contract
dated October 1,2013.
These services will be billed to you under our project number DUB13-02 per the terms
and conditions of our contract with you dated October 1, 2013. The fee for these
services will be for a lump sum price of $129,725.00 (one hundred and twenty nine
thousand seven hundred and twenty five dollars)without further authorization.
C AR D U C C I SAN rRAMCI COECA 94133 3TH FLOOR 415.674.0990 tf1
ASSOCIA"TE '.
We request your written approval of this authorization for additional services by signing
and returning one copy of this letter for our files.
Sincerely yours,
CARDUCCI &ASSOCIATES, INC. CITY OF DUBLIN
4itiA.va.
Accepted by:
William E. Fee,ASLA,AICP
LA License No.2537 Title:
Attachment: Estimate of Hours
Date:
FALLON SPORTS PARK 1 PHASE 2 CARDUCCI ASSOCIATES,INC.
Lower Terrace 3/1W2018
City of Dublin,CA
Construction Administration Proposal
Estimate of hours to complete tasks
LANDSCAPE MIL ELECTRICAL STRUCTURAL ARCHITECTURAL
Associate Senior
Principal Principal Associate Associate
TASK $186.00 $150.00 $160.00 $125,00
Construction Administration (May 2016 to July 2017)
• Attend Pre-construction Mooting 4
• 25 progress meetings(attended by Carducci) 100 8 8
• punchhst 8 8 8
• punch ist back check 4 4 4
• RFI 8 30 10
• Submittals 11 75 300
Total Henn 195 125 330 0
Cost Subtotal 524,975.00 $78,750.00 $49,500.00 50.00 $11,550.00 *5,950.00 54.000.00 *15,000.00
Cost Subtotal by Discipline 393,225.00 511.550.00 $5,950.00 $4,000.00 515.000.00
Cost Subtotal by Task 5129.725.00