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HomeMy WebLinkAboutItem 4.6 DHS BallfieldRenovatn (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 29, 1990 SUBJECT : EXHIBITS ATTACHED : RECOMMENDATION ~: FINANCIAL STATEMENT : Agreement With Singer & Hodges For Renovation of Dublin High School Baseball Fields and Girls Athletic Fields. Report By Diane Lowart, Recreation Director Agreement For Landscape Architectural Services Approve Agreement and Authorize Mayor to Execute Same The fee for services is $21,500.00 plus reimbursable expenses. $42,750.00 is available in the Capital Improvement Program for design services. DESCRIPTION : Included in the 1990-95 Capital Improvement Program are funds for the renovation of the Dublin High School Baseball Fields and Girls Athletic Fields. Staff has received a Proposal For Landscape Architectural Services from Singer & Hodges, Inc. who prepared the initial design and cost estimates as part of the Dublin Schools Improvement Study. The proposed fee for services is $21,500 which provides for preparation of design and construction documents as well as construction observation. It is recommended that the City Council adopt the attached agreement between the city of Dublin and Singer & Hodges, Inc. for Landscape Architectural Services (Dublin High School Baseball Fields and Girls Athletic Fields). ITEM NO. ~o ~ COPIES TO: Singer and Hodges, Inc. AGREEMENT BETWEEN CITY OF DUBLI~ AND SINGER & HODGES, INC. FOR ARCHITECTURAL SERVICES (DUBLIN HIGH SCHOOL BASEBALL FIELDS AND GIRLS ATHLETIC FIELDS) THIS AGREEMENT is made at Dublin, California, as of , 1990, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Singer & Hodges, Inc., ("Contractor"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A. 2. pAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to city. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. D are part of this Agreement. The general provisions set forth in Exhibit In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. Page 1 of 2 EXHIBITS. Ail exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the City's Recreation Director ("Administrator"). Ail correspondence shall be directed to or through the Administrator or his or S'URVEY. for the The City shall provide all existing completion of landscape architectural her designee. 7. TOPOGRAPHIC information necessary services pursuant to this agreement, including a topographic survey at i"=10', of the proposed area of development. 8. NOTICES. Any written notice to Contractor shall be sent to: Mr. Phil Singer Singer & Hodges, Inc. 1512 Franklin Street Oakland, CA 94612 Any written notice to city shall be sent to: Ms. Diane Lowart, Recreation Director City of Dublin P.O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By. "City" Attest: City Clerk SINGER & HODGES, INC. By "Contractor" Approved as to form: City Attorney Page 2 of 2 EXHIBIT A SCOPE OF SERVICES I. Landscape Architectural Services Singer & Hodges, Inc. shall perform the following landscape architectural services for the renovation of the Girls Athletic Fields and Boys Baseball Fields. A. Preliminary Plans 1. Preparation of preliminary plans indicating field renovation and miscellaneous improvements, cost estimate. Dublin City and preparation of preliminary renovation Presentation of preliminary renovation plan and estimate to staff, the High School Athletic Department, Parks and Recreation Department, and City Council for review and approval. (A total of three public/agency or department meetings and meetings with Dublin City staff as necessary are included in this agreement.) B. Working Drawings and specifications !. Preparation of working drawings and include: Exhibit A Page 1 of 2 specifications shall a. Layout and Reference b. Grading and Drainage c. Necessary Site Construction Bleachers and Wa!kways d. Irrigation e. Planting f. Electrical Service to Irrigation System and Walkway Lighting from Parking Area to the Football Field. Preparation of construction cost estimate. At request of the City, plans may be required to be divided into two separate bid packages. It is understood that the construction budget for the renovation of the subject athletic fields is $475,000.00. C. Assistance During Bid Process Singer & Hodges, Inc. shall provide assistance to the city during the bid process by answering Contractor questions and assisting the city in review of Contractor's qualifications. D. Construction Observation A representative of Singer & Hodges shall make five (5) visits to the site during construction to ascertain if the landscape work is generally proceeding in conformance with the drawings and specifications. On the basis of such on-site observations, as Landscape Architect, Singer & Hodges, Inc. shall keep the City informed of the progress and quality of the work. Additional construction observation requested by the client shall be billed as additional services. See item II. II. Additional Services Any extra services in addition to those indicated in this proposal shall be billed at the hourly rates indicated in Exhibit B. Exhibit A Page 2 of 2 EXHIBIT B PAYMENT SCHEDULE City shall pay Contractor an amount not to exceed the total sum of Twenty One Thousand Five Hundred and No/100 Dollars ($21,500.00) for services to be performed pursuant to this Agreement, with the exception of ,,Reimbursable Expenses." Contractor shall submit invoices during the term of this Agreement based on the cost for services performed in accordance with the following schedule: Principal Associate Draftsperson Clerical 1 Clerical 2 $85.00 per hour $60.00 per hour $40.00 per hour $35.00 per hour $30.00 per hour but not more often than once a month; and provided further, in no event shall city pay Contractor a sum exceeding 20% of the total sum due for services pursuant to this Agreement in any one month; and provided further, City shall pay the last 20% of the total sum due pursuant to this Agreement within forty-five (45) days after completion of the services and submittal to city, if all services due pursuant to this Agreement have been satisfactorily performed. In addition to the above payments, city shall reimburse Contractor for ,,Reimbursable Expenses,", as follows: A. Reimbursable expenses include actual expenditures made by the employees and consultants of Contractor in the interest of the Project for the expenses listed in the following paragraphs. 1. Expense of reproductions, postage, and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Landscape Architect and the Landscape Architect's consultants. 2. If authorized in advance by the City, expense of overtime work requiring higher than regular rates. 3. Expense of renderings, models, and mock-ups requested by the city, not included in the scope of the landscape architectural services. Exhibit B Page 1 of 2 4. Expense of additional insurance coverage or limits, including professional liability insurance, requested by City in excess of that normally carried by Contractor. 5. Expense of courier service and express mail requested by City. The total sums stated above shall be the total which City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service is agreed to in writing executed by the city Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- five (25%) of the initial contract price. Extra service, if any, shall be billed at the hourly rates set forth above. 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 Contractor for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. Contractor shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 2 of 2 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with city employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of city. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Contractor represents and warrants to city that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice his profession. Contractor represents and warrants to city that Contractor shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice his profession. 3. TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the representatives, employees or subcontractors. shall be included in the Contractor's bid. broad as: Contractor, his agents, The cost of such insurance Minimum Scope of Insurance. Coverage shall be at least as 1. 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; or Insurance Services office Commercial General Liability coverage Exhibit D Page 1 of 6 ("occurrence" form CG 0001). 2. Insurance Services office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the city. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the guaranteeing payment of losses administration and defense expenses. Contractor shall procure a bond and related investigations, claim Other Insurance Provisions. The policies are to contain, or be (6) endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products Exhibit D Page 2 of 6 and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations the scope of the protection afforded to the City, its officers, officials, employees and volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the city, its officers, officials, employees or volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employees Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3. Professional Liability. Contractor shall carry professional liability insurance in an amount deemed by the city to adequately protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the Contractor in the course of performance of the services specified in this Agreement. 4. Ail Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) Exhibit D Page 3 of 6 days' prior written notice by certified mail, return receipt requested, has been given to the City. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. 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 certificates and endorsements are to be received and approved by the city before work commences. The city reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Ail coverages for subcontractors shall be subject to all of the requirements stated herein. (h) The Risk Manager of City may approve a variation in those 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. 5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of city in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in Exhibit D Page 4 of 6 its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. Contractor 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 Contractor is engaged in the geographical area in which Contractor practices his profession. Ail instruments of service of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial~ first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. Contractor shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 27S2 of the civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement Contractor acknowledges and agrees that he has read and Exhibit D Page 5 of 6 understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 1t. DOCUMENTS. Ail reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of the City upon completion of the work to be performed hereunder or upon termination of the Agreement. Exhibit D Page 6 of 6