HomeMy WebLinkAboutItem 7.1 RDS Architect Agmt CI'TY CLERK
AGENDA STATEMENT
CITY COUNCZL F4EETZNG DATE: March 16, 2004
SUBJECT: Determine Course of Action Regarding Completion of Construction
Documents for Portion of Downtown Improvement Implementation
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1. Resolution approving agreement with RDS Architects, along
with Agreement (Exhibit A)
2. Alternate Resolution approving deferral of completion of
construction documents
RECOMMENDATION: 1. Adopt Resolution approving the consulting services.
agreement with RDS Architects to complete the downtown
~ ~n_~ ' monument construction documents (Task 1) and defer the
completion of the archway construction documents (Task 2)
OR
2. Adopt Altemate Resolution approving deferral of completion
of construction documents for a portion of Downtown
Improvement Implementation, and authorizing the Public
Works Director to execute an amendment to SFE's
consulting services agreement to include $6,897 in additional
services.
FINANCIAL STATEMENT: The RDS cost proposal to complete the downtown monument
construction documents is based on time-and-materials with a
not-to-exceed amount of $73,667. This will be paid with General
Fund monies budgeted for the Downtown Implementation Project in
FY 03-04 and, while there are currently adequate funds in the budget
to pay for this task, there will be a net shortfall in the total project
budget due to this additional work.
DESCRIPTION: On March 5, 2002, the City Council approved final design of the
gateway monument to be built at the northwest comer of Village Parkway and Dublin Boulevard. The
Council directed staff to finalize the design and prepare the project construction documents. At that time,
the firm of SFE was contracted by the City to complete the construction documents. Following the March
COPIES TO: Rod Spencer, RDS Architects
Dave Evans, SFE, Inc.
15 oq ITEM NO.
g:\engrkRDSkAgstRDS-VP Monument Project
5th meeting, public comments were received on the monument design and refinements were made based
on the comments received from the members of a task force formed to review the monument design and
from the public. The redesigned monument was later approved by the Council,. and Staff was directed to
complete the construction documents.
At present the construction documents are approximately 75% complete. SFE's contract was to provide
the City 100% complete plans, specifications and estimates, however, additional costs were incurred on
other tasks that were not included in their scope such as the redesign of the monument and facilitating
task force meetings. Performance of these tasks left SFE with fewer hours to complete the contract
documents, thus the documents are only 75% complete. Additional design services will be required to
complete the documents and SFE has proposed turning over management of the project, inCluding
completion of the construction documents, to the architectural firm of RDS Architects (RDS). SFE
would work only as a subconsultant to RDS to complete the monument landscape plans and to provide
project continuity.
A scope of services and fee proposal was received from RDS and staff met with the firm's Principal and
Project Architect. The proposal consists of two tasks; the completion of construction documents for the
downtown monument project and the completion of the construction documents for the archway over St.
Patrick Way.
The cost proposal for the completion of the downtown monument project is based on time-and-materials
with a not-to-exceed amount of $73,667. This cost includes SFE's extra services accrued during concept
design, completion of landscape plans and construction support services. RDS will also manage the work
of the stmctural engineering subconsultant (ZFA), electrical engineering subConsultant (Zeiger) and the
sign/monument subconsultant (Arrow Sign). RDS shall completethe construction documents in 11 weeks
based on a schedule included in the scope. The cost to complete the construction documents will be paid
with General Fund monies budgeted for the Downtown Implementation project in FY 03-04 and while
there are currently adequate funds in the budget to pay for this task, there will be a net shortfall in the total
project budget due to this additional work.
Task 2 of RDS's proposal is to complete the construction documents for the St. Patrick Way Archway and
provide construction support services in a not-to-exceed amount of $80,175. To proceed with this task,
staff must obtain a Caltrans permit, which is a lengthy process of at least six months. In addition, timing
for compliance with the grant proposal is in jeopardy. The original deadline for groundbreaking of the
housing component will not be met as the scheduled groundbreaking has been moved from May 2004 to
August 2005, and preliminary discussions with the Metropolitan Transportation Commission indicate that
an extension is not likely.
Staff Recommendation 1: Staff recommends that the City Council adopt the resolution approving the
consulting services agreement with RDS Architects to complete the downtown monument construction
documents (Task 1) and defer the completion of the archway construction documents (Task 2),
.OR
Staff Recommendation 2: Staff recommends that the City Council adopt the resolution approving deferral
of completion of construction documents for a portion of the Downtown Improvement Implementation,
and authorizing the Public Works Director to execute an amendment to SFE's consulting services
agreement to include $6,897 in additional services.
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AG~EMENT WITH ~S ~CHITECTS
FOR CONSULTING SERVICES
~E~AS, the Dublin City Council adopted Specific Plus for t~ee Downto~ Pla~ing ~eas:
the Do--town Core Specific PI~, the West Dublin B~T Specific Plan, and the Village Parkway
Specific Plan on December 19, 2000; and
~E~AS, the City Council has approved the Do--town ~provement ~plementation project
as p~ of the CiW's 5-year Capital ~provement Proem which consists of several projects including the
construction of a downto~ monument at the no~hwest comer of Village P~ay and Dublin Blvd.; ~d
~E~AS, the fi~ of Singer Fukushima Evans, ~c. (SFE), was hired by the City to prep~e the
construction docments for the downtown monment, which me now approximately 75% complete; ~d
~E~AS, additional desi~ se~ices will be required to complete the docments, and SFE has
proposed to mm over the project, including completion of the construction documents, m the mchitect~al
fi~ offS ~chtects (~S) and work only as a subconsult~t to ~S; and
~E~AS, a scope of se~ces ~d fee proposal was received from ~S ~d consists of ~o
tasks: Task 1 - the completion of construction documents for the do--tom monment project with a not-
to-exceed amount of $73,667; ~d Task 2 - the completion of construction docments for ~e ~chway
over St. Patrick'WaY ~th a not-to-exceed amo~t of $80,175; and
~E~AS, at this time the City of Dublin intends only m proceed with Task 1 of the ~S
proposal;
NOW, THE~FO~, BE IT ~SOLVED that the City Co~cil of the CiW of Dubl~ hereby
approves the consulting se~ices a~eement with ~S ~chtects to complete Task 1 of the ~S proposal.
BE IT F~THER ~SOLVED that the Mayor is authorized to execute the a~eement, attached
hereto as Exhibit A.
PASSED, ~PROVED ~ ~OPTED this 16th day of M~ch, 2004.
A~S:
NOES:
ABSENT:
ABSTA~:
ATTEST: Mayor
CiW Clerk' ~: ~~ ~ _
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
RDS ARCHITECTS
THiS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
RDS Architects ("Consultant") as of March 16, 2004.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2005, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed SEVENTY-
THREE THOUSAND, SIX HUNDRED SIXTY SEVEN DOLLARS ($73,667), notwithstanding any contrary
indications that may be contained in Consultant's proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's
proposal; attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified
Consulting Services Agreement between
City of Dublin and RDS Architects
herein. Except as Specifically authorized by City, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.'! 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 pdor to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
· The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 2 of 13
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, attached hereto.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed TWO THOUSAND DOLLARS ($2,000). Expenses not listed below are not
chargeable to City. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 3 of 13
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 (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.
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 4 of 13
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
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)
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 5 of 13
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.
4.3.4The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
· a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the.date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements,
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
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
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 6 of 13
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the aPproval of City for the self-insured retentions and deductibles befOre
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-inSured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of'
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· 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 official's, 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
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 7 of 13
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensatiOn, benefit, or any incident of employment by City, including
but not limited to eligibility to enrOll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 8 of 13
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. ConsUltant shall not discriminate, on the
'basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
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 i.nclude the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon'written
notification to Consultant.
Consultant may cancel this Agreement upon THIRTY (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of 'termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 9 of 13
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
,Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation' to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors nOted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
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.
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 10 of 13
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 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
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 11 of 13
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Melissa Morton,
Director of Public Works ("Contract Administrator"). All correspondence shall be directed
to or through the Contract Administrator or his or her designee.
Consulting Services Agreement between March 161 2004
City of Dublin and RDS Architects Page 12 of 13
10.10 Notices. Any written notice to Consultant. shall be sent to:
R. Don. Spencer II, Principal
RDS Architects
388 Market Street, Suite 670
San Francisco CA 94111
Any writ'ion notice to City shall be sent to: City of Dublin
Attn: Director of.Public Works
100 Civic Plaza
Dublin CA 94568
'I.0.11 ..Professiorml 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 shatl be stamped/seabd and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and 'Signa'[ure of Registered Professional with report/design responsibility," as in the
following example.
Sea] 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 ali prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN C~
Janet Lockhart, Mayor ~. Dbn"~ncer 11, P~ncipal
Attest:
Kay Kook, City Clerk
Approved as to Form:
Elizabeth Silver, City Attorney
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
See attached RDS Architects Scope of Services Proposal dated February 27, 2004,
G:\Engr-contract\consulting agreement W-O attorney comments.doc
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 1 of 1
A R i~- H I T E:: GT E~
February 27, 2003
Ferdinand Del Rosario, P.E.
Senior Civil Engineer
Public Works Department
City of Dublin
100 Civic Plaza
Dublin, California 94568
Re: Scope of Services and Fee Proposal
Architectural Services for Monument and Gateway Arch Projects
Dear Mr. Del Rosario,
We are pleased to provide the City of Dublin with this proposal for architectural
services for the Monument and Gateway Arch projeCts. We look forward to
being part of the team that makes this important design element a reality. It is
our understanding that the City intends to proceed with Task 1 now and that
Task 2 may be authorized at a future date.
Project Description The project is broken into two "Tasks": the construction
of the a tower monument at the intersection of Dublin Boulevard and Village
Parkway (Task 1), and an archway over St. Patrick Way with towers on either
side of the street approximately 80' west of the intersection with Amador Plaza
Road (Task 2).
Scope of Services The following narrative describes our scope of services,
organized into four tasks:
Task 1 Monument
Task la 95% Construction Documents: Complete construction documents
· for the Monument, including plans and specifications. This submission will be
intended for final CalTrans review, as well final City review, including building
department plan check.
Task lb 100% Construction Documents (Bid Ready): Final bid documents
will be completed and will incorporate comments made by the City and
CaITrans on the 95% documents and any building department requirements.
These documents will include all bidding documents ready for public bidding
of the project.
During each of the tasks above, RDS Architects, and our consultants will meet
withthe city staff a maximum of two times. These meetings may include City
388 Market Street Suite 670 San Francisco, CA 9411,1-5311
[] 't 415 954 1908 f 415 954 1911 www. rdsarchitects.com []
Ferdinand Del Rosario
February 27, 2003
Council or committee meetings as needed by staff.
Task lc Bid and Construction Support Services: During the bid period, we
will attend the pre-bid conference, respond to questions from bidders, prepare
bid addendum (if required), attend the bid opening, and assist the city staff
with bid review and recommendations to the City Council. During the
conStruction period, we will provide limited construction support services as
required by the City, to include: attending four construction meetings, review
of submittals, and responding to requests for information (RFIs). Additional
construction support services may be provided as additional services if
requested by the City.
Task 2 Gateway
Task 2a 65% Construction Documents: Refinearchway design, resolve site
issues, and present to the City Council; and prepare 65% complete set of
construction documents that includes plans, elevations, building sections for
the Gateway Arch.
Task 2b 95% Construction Documents: Preparation of complete
construction documents for construction, including plans and specifications.
These documents will incorporate comments made by the City and CalTrans
on the 65% documents. This submission will be intended for final CalTrans
review, as well final City review, including building department plan check.
Task 2c 100% Construction Documents (Bid Ready): (Refer to description
above.)
During each of the tasks above, RDS Architects, and our consultants will meet
with the city staff a maximum of two times. These meetings may include City
Council or committee meetings as needed by staff.
Task 2d Bid and Construction Support Services: (Refer to description
above.)
Project Team Don Spencer will service as Principal-in-Charge and be
responsible for project management. Lee Pollard will serve as Project Architect
and be in charge of the day-to-day production and coordination with the City and
project team. Other RDS staff will be assigned to the project as necessary.
David Evans will continue on Task 1 so that there will be a continuity throughout
the project. Arrow Sign will continue as special consultants for the design of the
monuments and signage. Since Arrow cannot provide structural engineering
services, we will use ZFA Structural Engineers to provide structural review,
design and calculations for the monuments. Zeiger Engineers will continue to be
the electrical engineers for the project.
Schedule In order to meet the City's desire to have Task I completed quickly,
we will proceed immediately upon City authorization. We anticipate that the
design of the Monument can be done within the following schedule:
Task la (95% Documents) 6 weeks
City Review 1 week
Ferdinand Del Rosario
February 27, 2003
Task lb (.100% Documents Ready
for Bidding and Construction) 3 week
Final City and CalTrans Review 1 week
Task lc (Bidding & Construction) To be determined
A final schedule for the Gateway Arch will be developed with City input following
authorization of that portion of the work. Generally, we anticipate the following
duration for each task:
Duration
Task 2a (65% Documents) 6 weeks
City Review 2 weeks
Task 2b (95% Documents) 3 weeks
City and CalTrans Review 1 week
Task 2c (100% Documents Ready
for Bidding and Construction) 2 weeks
Final City and CalTrans Review 1 week
Task 2d (Bidding & Construction) To be determined
Fee Proposal RDS Architects proposes to provide the services described
above on a time-and-materials basis with a maximum of $73,667 for the Mon-
ument and $80,175 for the Gateway Arch. Invoicing shall be monthly, based on
the work completed during the proceeding month. Reimbursable expenses will
be billed with each monthly invoice. Attached is a spreadsheet indicating the
relative proportion of budgeted resources that each task is likely to require. This
is provided for information purposes and is not intended as a basis for task-by-
task contract provisions or invoicing.
This fee proposal includes design; architectural, structural engineering, electrical
engineering, signage and landscape architectural services. Traffic signal plans
and specifications provided by the City for the relocation of one signal pole will
be incorporated in our final bid documents. Completion of geotechnical
engineering, underground utility, location and any necessary survey work will be
provided by the City.
If the City accepts this proposal we would anticipate completing the city's stan-
dard consulting agreement for design services.
We appreciate the opportunity to be work with the City of Dublin. Please fee~
free to call if you have any questions regarding this letter.
Sincerely,
W. Lee Pollard
Architect
A ! E F&e Calculations
Dublin Monu merit and Gateway ArcI~
January 16, 20'04
RDS Architects
(Note: Task '~ below is for the Monument and Task 2 is for Project
the Gateway arch.) Pdhcipai Architect Drafting
$150 $120 $8O
Task la - 95% ODs
Meetings with Staff 8
· Complete site plan (w/SFE) 2
Cor~pli~te plans and sections 4 24~ 16
Prepare details 2
' 32 20
Deve,op specifications .2
Coordi.nate consultant drawings 2
Project Management 4
Package & submit for'City review 1
Subtotal Tasi~ la Hours 24 36
Landscape Architect (SFE, See attached breakdown) $19,440
ISFE Extra Services accrued during concept design I ,$4.890
IElectricat Engineer (Zeiger) $6,897
Sign / Monument Con&uitant (Arrow Signi . $1,275
Stcucturat Engineer (ZFA) / $4,000
I TOTAL, Task lS ' $7,290
$43,792
Meetings wit~ Staff 4 4
Add corrections / comments .
Complete Bid documents . 16
Project Management
I Subtotal Task lb Hours I 81 20 16
/ Subtotal Tas~ 1 b RDS Fee $2,400t '
$1.280
Total RDS Fee I $1.200
Landscape Architect (SFE See attached breakdown) I $4,880I
Electrical Enginee~ (Zeiger) $760
Sign./Monumen~ Consultant (Arrow Sign) $450I
IStructurai Engineer (ZFA) $810
I TOTAL. Task 1 b $11.300
('Note: Includes both Gateway and Monument)
Preconstruction. Meeting 4
Submittal Review 12
Communications & RFIs 2, 12
.Construction Meetings
Project Closeout
Project Management
I Subtotal Task lc Hours $2,700
I Subtotal Task lb RDS Fee 18 46 4
$5,520j $320j
/ ' Total RDS.Fee ..................... t ..... ' .... -- ......... $8~540
........ ~-17~-ds-~7~FEl~i~'~-~E~' See attached brea'kdown)
$3,810
Electrical Engineer (Zeiger)
Structural Engineer (ZFA) J t $1,250j
$2.975
J TOTAL, Task lo i $16,575
i Reirnbursable Expenses J J J j $2.000j
iTack 2a - 65% ODs i J
Meetings with Staff
1/16/2004
Page 1 of 2
' Presentation to City Council of refined design
Pre Dare Site plan '(w/SFE) I 2! 4i I
i Prepare archway plans and sections I 2 32i 201
i Preparetypica details forarchway 2! 401 20.
Deve op specificat OhS
I Coordinate consultant drawings i 21 81
I Project Management
.- Package & submit for City review I
Subtotal Task 2a Hours.
Subtotal Task 2b RDS Fee $12,960t $3,840
Total RDS Fee
Landscape Architect (SFE, See attached breakdown)t I 1. $20,400
I Elect~-ca Enenee~ (Zeiger) I I $2,500j
"Sign / Monument Consultant (Arrow Sign) i
Structural Engineer (ZFA) I $7,313
I TOTAL. Task 2a t $35,338[
Task 2b - 95% CDs
[ Meetings with Staff 4
Complete plans and sections 32 16
Prepare details 2 8 16
-I Dev:elop specifications 2 4
Coordinate consultant drawings22 8 -
Project Management '
Package & submit for City revl.ew 41
Subtotal Task 2b Hours 14 601 32
Subtotal Task 2b RDS Fee I $2.100 $7,200' $2,560
t Total RDS Fee
I '
$11,860
Landscape Architect (SFE, See .attached breakdown) . $1,520I
Electrical Engineer (Zeiger) $1,275I
Sign /Monument Consultant (Arrow Sign)
Structural Engineer (ZFA) $2'000t
$3,338]
TOTAL. Task 2b I $19-9931
]'ask 2c - 100% ODs 4
Meetings with Staff 4
Add corrections / comments 8 8
Complete Bid documents 2, 8
Project Management. 2
Subtotal Task 2c Hours I 8f 20 8
Subtotal Task 2c RDS Fee $1,200 $2,400 $640
Total RDS Fee 'l $4,240
Landscape Architect (SFE, See attached breakdown) I $1,100
Electrical Engineer (Zeiger) $760
Sign / Monument Consultant (Arrbw Sign) ' $450
StruCtural Engineer (ZFA) t ~ $600
t. TOTAL, Task 2c I $7,150
Task 2d r Bidding & Construction t I
. (Note.: includes both Gateway and Monument)
Preconstruction Meeting 4 4
Submittal Review 2 12
Communications & RFIs 21 12
Clarification Drawings
Construction Meetings 81
Pro.iect Closeout 8
Project Management
Subtotal Task 2d Hours
Subtotal Task 2d RDS Fee $2.400 $320i $8 240
Total :~DS Fee ~ I -
/Landscape Architect (SFE, See attached breakdown) I I $2,38.01
ElectriCal Engineer (Zefger) I I $1,250
!Structural Enqineer (ZFA) i ~ $3,825
TOTAL, Task 2d I $15.695I
Reimbu'rsable Expenses I I I I $2,0001
Total, Task 2 (Gateway) $80,175]
1/16/2004
Page 2 of 2
.LANDSCAPE STAFFING & BUDGET SPREADSHEET v. 6
16-Jan-04 CADD Admin.
Principal Associate Draft Asst.
' ' $150/hr $95/hr $70/hr' $40/hr
A. Task IA: Prepare 95% Complete CD's ~
l~ Meet w/Staff to Plan and Schedule CD Prep . 2 ' 2'
2. Prepare 95% Complete CD's
a. Planting Plans 1' 8
b. Irrigation Plans 1 4 8
c. Layout.& F~eference Plans 1 8
d. Plahting & irrigation Detail Sheets 1 8
e. Hardscape Detail Sheets 1 8
f. Landscape Technical Specifications 1 8
B. Task lB: Prepare 100% Complete CD's "
2. Prepare 100% Complete CD's
a. Planting PlaJ~s 1 8
b. irrigation Plans ~ 1' 4 8
c. Layout & Refereno~ Plans · 1 8
d. Planting & Irrigation Detail Sheets 1 8
e. Hardscape DetaJt Sheets 1 8
f. Landscape Technical Specifications 1 8
C. Task 1C:' Bid Supp0~t & Construction Administration
~. Attend Pre-Bid Conference 2
2. Respond to Questions from Binders & Staff 2 4
3. Prepare E~id Addenda 1 4 4
4. Site Visits & Memo during Construction (2) 2 4'
5. Respond tO RFI and Submittals during Construction 1 4 2
6. Project Management & Documentation 2 4 4
Task 1 Hours Total 22 32 84 22
Task i Sub-,Total A $3,300 $3,040 $5,880 $880 $13,100
·Extra Services Accrued During ConcePt Design (see below) $6,897
Task l'Sub-T0tal B $19,997
Task I Re!mbursab e Expenses.(4%) $800
Task ~ Total $20,797
~ ~. , , .:~ ·~:., ~ ,. , , . ,~ ~, ,. ,,~ . . ~ ......... ~ ,,
A. Task 2A: Prepare 65% Complete CD Submitta!
~. Meet w/Staff to Plan and Schedule CD Prep 2 ' 2
2. Meeting v~/Projecf Team. to Plan & Coordinate CD Prep 2 2
3. Prepare 65% Complete Landscape CD's ,,
a. Site Preparation Plan 1 4
b. Layout & Reference Plan I '4
c. Construction Details . 1 4
d. Technical SpecifiCations 1 2
B. Task 2B~ Prepare 95% Complete CD Submittal I
1. Prepare 95% Complete Landscal~e CD's. '
a. Site Preparation Plan 1 4
b. Layout & Reference Plan 1 4~
c. Construction Details I 4
.d~ Technical Specifications . 1 2
C. Task 2C: PrePare 100% Complete OD Submittal
1. Prepare t00% Complete Landscape CD's
a. Site Preparation Plan I 2
b. LayOut & Reference Plan , 1 2
c. Construction Details 1 2
d. Technica! SpecifiCations 1 2
D. Task 2D: Bid Support & Construction Administration
1. Attend Pre-Bid ·Conference 2
2. Respond to Question~' from Bidders & Staff 1 ~, 2
3. Prepare Bid Addenda 1 2 1
4. Site Visits & Memo during Construction (2) 2 .
5. Respond to RFI and SubmMats during Construction 1 2 1
6. Project Management & Documentation 2 4 2 '
Task 2 Hours Total , 23 .16 31 9
Task 2 Sub-Total $3,450 $1,520 · $2,170 $360 $7,500
Task 2 Reimbursable Expenses (4%) $300
Task 2 Total
$7,800
1. Payment to h 115 for Design ServiCes out of co.ptract $4,582
2. SFE Extra Services provided out of con~ract
a. 3-meetings w/City Staff $920
b. Prepai'ation of Power Point Presentation for City Council Mtg. $705
c. Preparation for & Attendance at City Council Mtg. 10/7 $69·0
Extra Services Total (added.in above unde[ Task 1) $6,897
EXHIBIT B
COMPENSATION SCHEDULE
CITY shall pay CONSULTANT an amount not to exceed the total sum of SEVENTY-THREE
THOUSAND, SIX HUNDRED SIXTY-SEVEN DOLLARS ($73,667) 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 under Task I, identified in EXHIBIT A "Scope of Work" to complete the downtown
monument construction documents.
G:\Engr-contract\consulting agreement W-O attomey comments.doc
Consulting Services Agreement between March 16, 2004
City of Dublin and RDS Architects Page 1 of 1
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING DEFERRAL OF COMPLETION OF
CONSTRUCTION DOCUMENTS FOR A PORTION
OF DOWNTOWN IMPROVEMENT IMPLEMENTATION
WHEREAS, the Dublin City Council has approved the Downtown Improvement Implementation
project as part of the City's 5-year Capital Improvement Program which consists of several projects
including the construction of a downtown monument at the northwest comer of Village Parkway and
Dublin Blvd.; and
WHEREAS, the firm of Singer Fukushima Evans, Inc. (SFE), was hired by the City to prepare the
construction documents for the downtown monument which are now approximately 75% complete; and
WHEREAS, SFE has accrued additional charges in the amount of $6,897 for services performed
beyond the original scope of the contract; and
WHEREAS, additional design services will be required to complete the documents and SFE has
proposed to turn over the project, including completion of the construCtion documents, to the architectural
firm of RDS Architects (RDS) and work only as a subconsultant to RDS; and
WHEREAS, the construction funding for the Downtown Monument and St. Patrick Archway
projects is not assured;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
defers completion of the construction documents for both the Downtown Monument and St. Patrick Way
Archway projects until such time that construction funding is assured.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the Public Works Director
to execute an amendment of SFE's consulting services agreement to include a not to exceed amount of
$6,897 in additional services.
PASSED, APPROVED AND ADOPTED this 16th day of March, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Mayor
City Clerk r~ wr~