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HomeMy WebLinkAboutItem 8.3 Fallon Sports Pk Phase 1 CITY CLERK File # D[{t][g~-~IQ] AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 6, 2007 SUBJECT: Fallon Sports Park Phase I - Landscape Architectural Services Report Prepared by Rosemary Alex, Parks and Facilities . Development Coordinator ATTACHMENTS: 1. Resolution Approving Agreement with Carducci and Associates, ~ Incorporated RECOMMENDA DON: Cv '{ Adopt Resolution approving Agreement FINANCIAL STATEMENT: The proposed fee for services under the Agreement is $1,030,000. Sufficient funds are available in the project budget. DESCRIPTION: As approved in the 2007-2008 Capital Improvement Program, design of Fallon Sports Park Phase I wilt begin Fiscal Year 2007-2008 and construction will be commence in Fiscal Year 2008-2009. As shown in the Fallon Sports Park Master Plan the primary elements of the 26.5-acre area includes two lighted softball fields, two lighted soccer fields, four lighted basketball courts, four lighted tennis courts, two little league fields, upper terrace parking lot and rough grading of the BMX course. Phase one will also include plazas, circulation, restroom/concession buildings and picnic areas. Staff solicited a proposal for landscape design services from Carducci and Associates in October 2007, the landscape architecture firm that completed the Fallon Sports Park Master Plan adopted by the City Council on June 7, 2005. . The scope of work for professional services will include a topographic survey, a feasibility study of synthetic turfgrass option for the soccer fields, development of one or two alternative designs, a preferred co.nceptual plan, design development, construction documentation and bidding. The complete detail of the professional services is listed as Exhibit A in the attached Consultant Services Agreement. There will be a comprehensive community design process to determine the program elements and design for Phase I. As was done with previous projects, Staff along with Carducci and Associates will hold a series of public workshops this winter. The first workshop will provide background on how the Fallon Sports Park Master Plan was developed and to solicit input on the current Phase I design. As a result of community input, the consultant will prepare one to two conceptual plans for additional community review. Once consensus is reached, the master plan design plus one or two design alternatives along with ------------------------------------------------------------------------------------------------------------- COpy TO: Callander Associates Landscape Architecture, Incorporated. Page 1 of2 ITEM NO. g.3 G:\COUNCIL\Agenda Statements\2007\1 I -6 Fallon LARCH Services. doc the preferred conceptual plan will be presented the Parks and Community Services Commission for review and recommendation to the City Council. At both the Parks and Community Services Commission and City Council meetings a feasibility study for the synthetic turf grass option will be presented. The City Council will have final approval of the conceptual plan. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution (Attachment 1) approving the Agreement with Carducci and Associates, Incorporated. ~Db~ IUV.);) RESOLUTION NO. - 07 A RESOLUTION OF :THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AN AGREEMENT WITH CARDUCCI AND ASSOCIATES, INCORPORATED FOR FALLON SPORTS PARK PHASE I WHEREAS, the 2006-20011 Capital Improvement Program includes a project to prepare'design and construction documents for the Fallon Sports Park Phase I; and WHEREAS, the City has solicited a proposal from Carducci and Associates, Incorporated to complete the design and construction dqcuments; and WHEREAS, Carducci and Associates Incorporated has demonstrated adequate ability to perform said design and construction documents; and WHEREAS, the consultant is available to perform work as specified. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the agreement with Carducci and Associates, Incorporated, attached hereto and authorize the Mayor to execute the Agreement. PASSED, APPROVED AND ADOPTED this 6th day of November 2007. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk . - 1 - 11-(0-01 ~.3 ATTACHMENT 1 b<1J' :; ~ CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CARDUCCI AND ASSOCIATES, INC. . THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Carducci and Associates, Inc. ("Consultant") as of November 6,2007. 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 Agree-ment shall begin on the date first noted above and shall end on May 31,2010, the date of completion specified in Exhibit A, and Consultant shall complete the work described in ExhibitA 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 Assianment 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 her~by agrees to pay Consultant a sum not to exceed one million and thirty thousand dollars ($1,030,000), 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 Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6,2007 Page 1 of 14 l!K\t1, b.f-fo Res-o 31J~~. specifically authorized byCity, Consultant shall not bill City for duplicate services performed by more than one person, Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. Notwithstanding the "not to exceed" compensation amount in the preceding paragraph, the Contract Administrator may authorize payment above the "not to exceed" amount to allow Consultant to provide additional services, or, to compensate Consultant for services provided within the original scope of work in excess of the hours specified in Exhibit A. In no event, however, shall the Contract Administrator authorize payment of such additional payments in excess of 15% 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; Le., 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 Monthlv Pavment. 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. Consulting Services Agreement between Citv of Dublin and' Carducci and Associates, Inc. , November 6, 2007 Page 2 of 14 4 ~~ ~ 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 on Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are shown in Exhibit B, and shall not exceed thirty-five thousand even ($35,000). Expenses not listed in Exhibit B 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 eventshall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges,' vehicles, and reproduction facilities. Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 3 of 14 500 :;>. ~ 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 subcontra'ctor 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 Liabilitv 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. Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 4 of 14 f.p Db ;). ~ 4.2.2 Minimum scope of coveraae. 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 beat 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. 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 aloss 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 Liabilitv 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 Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 5 of 14 'l Db ;;1 ~ than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be , provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work, The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraae. 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. Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 6 of 14 ~1J;; ~ I I " ,I' 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.lnsured Retentions. Consultant shaH 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 CoveraQe. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. ' 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for 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. Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 7 of 14 Dr'fJ ? ~ 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 volunteer~ and (2) the actions of Consultant or its employees, subcontractor, or agents have, contributed in no part to the injury, loss of life, damage to property:, or violation of law. It is understood that the, duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" as defined in California Civil Code section 2783, as amended from time to time, such duty to indemnify shall not apply when to do so would be prohibited by California Code section 2782. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in 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, Consult\'int 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 ' I ' . I I I I I Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 8 of 14 10 un ;t..~ [ (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 A~ent. 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 Governin~ Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Re~ulations. 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 rufes and regulaticins 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 Eaual 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 complywith 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. TERMINA nON AND MODIFICATION. Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 9 of 14 "un ~ ~ , ' I 8.1' . Termination. City may cancel this Agr~ement 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. Similarty, 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 Assianment and Subcontractina. 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 bv 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 Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 10 of 14 \>~'b~~ 8.6.4 Charge Consultant the differenc,e 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 2if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the 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 Attornevs' 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 attorheys'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. I I I , I I i Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 11 of 14 , 31J~ ~ / 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 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement notso 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 Assians. 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 Recvcled 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 Govemment 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 91090 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 9 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. Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 120f 14 \'-l~~~ 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: Carducci and Associates, Inc. Attn: Bill Fee, Principal 555 Beach Street, 4th Floor San Francisco, CA 94133 Any written notice to City shall be sent to: City of Dublin Attn: Rosemary Alex, Parks and Facilities Development Coordinator 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 InteQration. 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 aU prior negotiations, representations, or agreements, either written or oral. Consulting Services Agreement between Cityof Dublin and Carducci and Associates, Inc. November 6, 2007 ' Page 13 of 14 CITY OF DUBLIN Janet Lockhart, Mayor Attest: Carolyn Parkinson, City Clerk Approved as to Form: Elizabeth H. Silver, City Attorney C.ONS,~,NT " , ' " Iti 'CZ ~ William E. Fee, Principal Consulting Services Agreement between City of Dublin and Carducci and Associates, Inc. November 6, 2007 Page 14 of 14 '5Ob:;'~ 1l.P 6b~?. EXHIBIT A SCOPE OF SERVICES Project Description Landscape architectural services for Phase I of Fallon Sports Park, approximately 26.50 acres, of a 60-acre park. The park is located in Eastern Dublin and bordered by Fallon Road, Gleason Drive, Lockhart Street and Central Parkway. The Scope of Services is based on the approved Fallon Sports Park Master Plan dated June 23, 2006 prepared by Carducci & Associates Inc. The improvements generally include: Vehicular entrance at Lockhart Street to upper terrace, over existing culvert at existing streambed corridor Pre-engineered pedestrian bridge near lower terrace at Lockhart Street, two Little League fields with associated plaza, picnic and pre-engineered restroolnlconcession Two Little League fields including plaza, picnic areas, pre-engineered restroom/concession building, two pre-engineered scorekeeper's booths, two pre-engineered scoreboards and pre- engineered shade structure if applicable Two softball fields (lighted), plaza, picnic areas, restroom/concession building, two pre- engineered scorekeeper's booths, two pre-engineered scoreboards and pre-engineered shade structure if applicable Four basketball courts (lighted) Four tennis courts (lighted) and one pre-engineered restroom/office building if applicable Two soccer fields (lighted) with natural turf with the option of developing fields with synthetic turf Identify location(s) for art Upper terrace parking lot Upper terrace loop walking trail Park entry and identification features Rough grading for BMX course Potential items that may come up during commu1ity meeting - dog park, practice wall for tennis I ' Construction Budget - $11,497,976 Synthetic Turf will add to Construction Budget- $1,000;000 Budget includes 10% contingency so design (and ultimately bids) should be 10% less than the, amount budgeted. Task 1 - Provide Topographic Survey of Existing Conditions: a. Visit site to observe existing conditions. b. Review drawings of existing improvements and surrounding development. c. Prepare topographic survey using AutoCAD for' existing conditions within existing surrounding streets showing the following: 1) Property lines, easements, distance and bearings, per title report provided by the City. \100 ;).;). , 2) Spot elevations on 50' grid. 3) Spot elevations at the property line corners of top of curb, streambed corridor, at intersections of: Central ParKway & Fallon Drive; Lockhart Street & Central Parkway, Lockhart Street and Gleason Drive, and Gleason Drive and Fallon Road. 4) Location and spot elevation at existing utility stub outs. 5) Contours interpolated at 1.0' interval. 6) Flow line and Invert elevations of storm drain pipes at drain inlets and drain boxes and outlets. 7) Location and finish grade of above ground utilities such as drain inlets, utility boxes, light poles, vaults. 9) Location and size of underground utilities, including PG&E information as best available. , 10) Benchmark. , 11) Location and finish grade ofobjects including: signs, sidewalks, fences, walls, site furnishings, pads, paving edges, and curbs. 12) City to provide hard copy and AutoCAD copy of Record Drawings of surrounding street improvements, streambed corridor and Fallon Park site improvements that were previously installed. _ Task 2 - ConsultationlDesign Meetings a. A total of five (5) meeting are included in the base contract for the purpose of discussing design program budgets and coordination with City and subconsultants as itemized below. b. Attend a maximum of four public meetings to present the design to Parks and Community Services Commission and to the City Council. Task 3 - Program & Analysis & Artificial Turf Study a. Review existing Park Master Plan, streets record drawings, streambed corridor record drawings, existing site conditions, surrounding proposed and existing development, proposed pro'gram, capital improvement program budget, and project schedule. b. Prepare a feasibility study that presents pros and cons of artificial turf. Information will be presented at Commission and Council Meeting. Written report in 3-7 pages in length and diagrams. One representative from Carducci will attend a one day field trip in the Bay Area to review the installation of turf. c. Review irrigation components to confirm that what is specified are the most appropriate. (Include attendance at seminar if available). d. Review City procedures for accepting the irrigation at the end of the proj ecf and if an irrigation audit is appropriate. e. Analysis of options to improve efficiency of long-term water use through irrigation and the reuse of gray water from buildings. Task 4 - Conceptual Design a. For conceptual design use previously prepared survey. [1$6b ~ ~ I I i b. Community Meeting #1 :...- Produce briginal base map of master plan with lighting diagrams and review project backgrobnd. , c. Community Meeting #2 - Prepare bne to two alternates based on feedback from community meeting #1, in addition present summary information on synthetic turf. d. Commission Meeting #1 - Present original plan, one to two alternates as process background and preferred concept plan, in addition present detailed information on synthetic turf. ' . e. City Council Meeting #1 - Present original plan, one to two alternates as process background and preferred concept plan, in addition present detailed information on synthetic turf. Task 5 - 50% Construction Documents a. For Construction Documents, use topographic survey of existing conditions. Preparation of 50% Construction Documents or 100% Design Development Documents fully coordinated for City review and comment. The 50% Construction Documents will include specifications, layout plans, utility plans, field layout drawings, basketball and tennis court layout drawings, parking layout, pre..,engineered picnic structures, and pre-engineered' restrooms/concessions, planting, irrigation, sports lighting, parking lighting, path lighting, fencing, bridges, identify features, and other items listed in Phase I Opinion of Cost. Includes agricultural soil suitability test for final specifications, two (2) agricultural soil suitability tests and two (2) test from soil food web. b. For Construction Documents; include artificial turf for two soccer fields as alternate service as chosen by City. Task 6 - 100% Construction Documents Prepare Construction Documents (100% CD's) for City review and comment. The CD documents will include: a. Existing Conditions Plan (Survey). b. Reference Drawings of adjacent development and prevIOUS park improvements as applicable. c. Demolition/Salvage Plan. d. Overall Site Plan. e. Scop,e of Work Plan. f. Composite Utility Plan: Detailed layout of utilities and related details. g. Erosion Control Plan: Detailed plan identifying erosion control during construction. h. Stormwater Pollution Prevention Plan (SWPPP). 1. Layout Plan: Detailed horizontal control plan and related details, identifying materials and their location including playing fields, parking, and structures. J. Grading and Drainage Plan by Civil Engineer: Detailed vertical control plan and related details. Drainage plans for on-site filtration and off-site release. No park drainage into streambed corridor. Calculate cut and fill including utility trenching and prepare grading plans that balance. Calculate estimated water runoff and drainage capacity. Includes BMX rough grading. IqLYb~~ k. Construction Details: Detailed construction and material information. 1. Planting Plan: Detailed planting plans for areas developed within the contract limits, including botanical names, common names, sizes and related details. , m. Landscape Irrigation Plan and Details: Detailed hi.yout of sprinkler heads, piping and valves to provide a total operative system. Design will conform to Dublin San Ramon Services District requirements for use of recycled water. n. Structural Plans and Details: Detailed structural design, calculations, and details. o. Site Electrical Plans and Details: Detailed electrical design, calculations, and details. Photometrics plan for path, parking, basketball and tennis courts and athletic field lights. p. Specifications: Final specifications for aforementioned work will be in CSI Format. q. Cost evaluation for improvements within the project scope based on our best opinion of costs at the date of the estimate. r. Utility stub outs for phase park phases of development. s. Provide DSRSD with customer connection drawings. Task 7 - Bid Documents Incorporation of comments from the City and preparation of Bid Documents. (Printing to be done by City) Task 8 - Bid & Award and Conformance Documents Assist in the bidding procedure as required. This may include: attending a pre-bid meeting, responding to contractor's questions, issuing addendums, and reviewing the bids. Includes a conformance set of construction documents for construction (Printing to be done by City). Timeframe Award Design Contract Community Design Process: Construction Documents: Bidding: Award Contract: Construction: Maintenance: November 5, 2008 Late November - February 2008 . March 2008 - November 2008 November 2008 - December 2008 January 2009 February 2009-February 2010 February 2010-May 2010 Community Meeting Schedule Community Meeting #1 - November 28,2007 (Produce original base map of master plan with lighting diagrams and review project background) Community Meeting #2 - January 9,2008 (Prepare 1-2 alternates based on feedback from meeting # 1 ) Commission Meeting #1 - January 21,2008 (Present original plan, 1-2 alternates as process background and preferred concept plan, in addition present information on synthetic turf) City Council Meeting #1 - February 5, 2008 (Present original plan, 1-2 alternates as process background and preferred concept plan, in addition present information on synthetic turf) Staff Meeting Schedule November kickoff meeting to prepare for Community Meeting #1 One meeting in Dec. 2007 to review alternate designs from Community Mtg. #1 t;, D Ub ~ 'J.. One meeting in Feb 2008 to kickoff CD One meeting to review design development plans and materials Allow 2 additional meetings during CD to address Public Works issues and DSRSD issues Pre-engineered Structures Pre-engineered pedestrian bridge, Two pre-engineered restroom/concession (One pre-engineered structure repeated twice) Two pre-engineered shade structures (One pre-engineered structure repeated twice) Four pre-engineered scorekeeper's booths (One pre-engineered structure repeated four places) Four pre-engineered scoreboards (One pre-engineered structure repeated four places) Four pre-engineered Little League field foul poles (One pre-engineered structure repeated four places) Four pre-engineered Softball field foul poles (One pre-engineered structure repeated four places) One pre-engineered restroom/office building Pre-engineered sports field light poles and foundations Athletic field lights shall meet current foot-candle requirements of the Amateur Softball Association and Little League Baseball, American Youth Soccer Organization and appropriate foot-candle requirements for tennis and basketball, dependent on criteria for level of play to be determined. Services include foundation calculations and details for pre-engineered structures and foundation calculations and details for retaining walls, fences and backstops. Civil Engineering Grading and drainage structures Drainage outside of streambed corridor , Calculate cut and fill including utility trenching and prepare grading plans that balance (no off- haul) Calculate estimated water runoff and drainage capacity Exclusions Geotechnical Engineering (City to provide geotechnical report and recommendations) Off-site improvements Water features or fountains LEED Certification Custom design of structures noted as pre-engineered ~\Vb ~~ EXHIBIT B PAYMENT SCHEDULE A. CITY shall pay CONSULTANT an amount not to exceed the total sum of $1,030,000 (One Million Thirty Thousand Dollars) for services to be performed pursuant to this agreement. CONSULTANT shall submit invoices; not more often than once per month, based upon the work completed on each task identified in EXHIBIT A "Scope of Work". The parties understand that such amount does not include post project acceptance claims processing services that may be provided pursuant to C. "Extra Services". B. The corresponding not to 'exceed fee for tasks numbered 1 through 8 shall be as follows: ' Task 1 - Topographic Survey $ 35,000 Task 2 - Consultant/Design Meetings $ 40,000 Task 3 - Program/Analysis Artificial Turf Study $ 40,000 Task 4 - Conceptual Design $ 40,000 Task Sa - 50% Construction Documents $ 400,000 Task 5b - 50% Con. Docs. (Artificial Turf) $ 70,000 Task 6 - 100% Construction Documents $ 300,000 Task 7 - Bid Documents (100%) $ 40,000 Task 8 - Bid & Award and Conformance Documents $ 30,000 Fee Subtotal +/- 8% of Budget $ 995,000 Estimate of Reimbursable Costs TOTAL FIXED FEE $ 35,000 $ 1,030,000 The Consultant will be reimbursed for expenses at cost plus 10%. The items allowable for reimbursement are as follows: Items supplied by the consultant: 1. Cost of printing and distributing. 2. Cost of transportation/mileage. 3. Cost of postage, UPS, Federal Express, California Overnight, etc. 4. Cost of progress photos. 5. Cost of other items as required, with prior approval from Owner. 6. Cost of office supplies. 7. Mileage billed at $0.485 per mile. 8. Soils Testing. C. "Extra Services" including, construction administration, arborist reports, and additional site visits post project acceptance claims processing services, are to be billed on a time and material basis using the hourly rates shown below. All extra services are to be authorized by the ow,ner in writing. ~d.~~~ , Hourlv Rates Carducci & Associates, Inc. . Principal · Landscape Architect . Clerical/Word Processing $145.00 $ 95.00 $ 50.00 Dasse Design, Inc., Structural Engineer $ 90.00 to $190.00 Zeiger Engineers, Inc., Electrical Engineer $ 90.00 to $190.00 $ 90.00 to $190.00 $250.00 Bohley Consulting, Civil Engineer · 2-Man Survey Crew PRZ Consulting, Turf Grass Consultant $185.00 D. The total sum stated in Section A above, shall be the total, which the CITY shall pay for the services to be rendered by CONSULTANT pursuant to this Agreement excluding extra services. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONSULTANT in rendering services pursuant to this Agreement other than extra services. E. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefore is agreed to in a written Change Order executed by the City Manager, or other designated official of the CITY, authorized to obligate CITY thereto. Said Change Order shall be executed prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial Contract price stated in Section A.In the event the Change Order exceeds this limitation, City Council approval shall be required. F. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONSULT ANT for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONSULTANT shall maintain adequate logs and time sheets in order to verify costs incurred to date. G. The CONSULTANT is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed copy of this Agreement.