HomeMy WebLinkAboutItem 4.03 DublinElemSchlSptsField (2)
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CITY CLERK
File # D[?2][Q][(1]-~~
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 18,1997
SUBJECT:
Landscape Architectural Services for the Dublin Elementary School
Sports Field Project. Report by: Diane Lowart, Parks &
Community Services Director
EXHIBITS ATTACHED:
Consultant Services Agreement
Budget Change Form
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RECOMMENDATION: / 'LV"
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1. Approve Consultant Services Agreement and Authorize Mayor to
Execute Same
2. Approve Budget Change Form
FINA.~CIAL STATEMENT:
The proposed fee for services is $34,140; Staff anticipates that
sufficient Park Dedication Funds will be received during FY 1996-
97 to fund the Agreement.
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DESCRIPTION: At the January 21, 1997 meeting of the Dublin City Council, the
Council considered a potential joint project with the Dublin Unified School Dismct for the renovation of
the Dublin Elementary School fields. The Council authorized Staff to proceed with design for the project
using the balance of the FY 1996-97 Park Dedication Funds and directed Staff to report back to the
Council as part of the 1997-98 Budget with a plan to fund the balance of the project. Specifically, the
Council requested that the District look for additional funding for the project in addition to the available
Park Dedication Funds that the City anticipates over the course of the adopted Capital Improvement
Program (1996-2001).
The City has received a proposal for landscape architectural services from Singer & Hodges, Inc., the firm
that is preparing the plans and specifications for the Dublin Unified School District for the Phase I
improvements. The proposed fee of $34,140 is broken down as follows: 1) Design Development -
$8,600; 2) Working Drawings and Specifications - $23,700; and 3) Assistance During Bid Process -
$1,800. The fee is based on the design concept that was previously reviewed by the Parks and
Community Services Commission and the City Council.
As funding for the project was not included in the Fiscal Year 1996-97 Budget, the City Council will need
to authorize an additional appropriation from the Park Dedication Fund Reserves.
It should be noted that competitive bidding shall not apply to contracts involving the acquisition of
professional or specialized services, such as, but not limited to, services rendered by architects, attorneys,
engineers, and other specialized consultants (Chapter 2.36, Section 236.050 of the Dublin Municipal
. Code).
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0', . CO PIES TO: Dublin Unified School District'Singer & Hodges, Inc.
ITEM NO. 4.,
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Staff has prepared the documents necessary to execute an agreement between the City and Singer &
Hodges, Inc. (Exhibit A) and recommends that the City Council approve the Consultant Services
Agreement and authorize Mayor to execute same. In addition, Staff recommends that the City Council
approve the Budget Change Form in Exhibit B.
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AGREEMENT BETWEEN CITY OF DUBLIN AND
FOR CONSULTANT SERVICES
DUBLIN ELEMENTARY SCHOOL - PHASE II
THIS AGREEMENT is made at Dublin, California, as of , 1997, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and Singer & Hodges, Inc.,
("Consultant"), who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in Exhibit A. Consultant shall provide said services at the
time, place and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant 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 Consultant for services rendered pursuant to this Agreement. Consultant
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
Consultant uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant 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 Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Agreement. 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.
5. EXHIBITS. All 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 Parks and Community Services Director ("Administrator"). All correspondence shall be directed
to or through the Administrator or his or her designee.
7. NOTICES. Any written notice to Consultant shall be sent to:
Mr. Philip Singer, ASLA
Singer & Hodges, Inc.
1512 Franklin Street
Oakland, CA 94612
Any written notice to City shall be sent to:
Ms. Diane Lowart, Parks & Community Services Director
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Agreement
Page 1 of2
Executed as of the day first above stated:
CITY OF DUBLIN, a municipal
corporation
By
"City"
Attest:
City Clerk
By
"Consultant"
Approved as to form:
City Attorney
Agreement
Page 2 of2
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EXHIBIT A
SCOPE OF SERVICES
A.
Design Development
1. Preparation of the following preliminary material for review and approval:
. Preliminary site plan
. Preliminary grading and drainage plan
. Irrigation concept
. List of irrigation materials
. Site details
. Baseball and softball backstop, bleacher and infield area design
. Outline specifications
. Preliminary cost estimate
2. Design development preliminary working drawings shall be presented to City Staff for
review and approval.
B. Working Drawings and Specifications
1.
Working drawings shall include:
Base Bid
. Existing conditions and site preparation
. Layout and reference
. Grading
. Drainage
. Ballfield fencing
. Baseball fields, clay infield and backstop
. Irrigation
. Turf seeding
. Appropriate site construction details
. Maintenance period
Additive Alternates
. Decomposed granite - walkway
. Concrete pad at bleachers
. Tree and shrub planting
Exhibit A
Page 1 of2
2. Specifications shall include:
. General conditions
. Special conditions
. Technical specifications
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The City of Dublin shall provide Standard City Specification Requirements for
incorporation into the contract documents.
3. Preparation of construction cost estimate for review and approval.
4. Original working drawing transparencies and original specifications shall be furnished to
the City of Dublin. The City of Dublin shall be responsible for printing the contract
documents, working drawings and specifications as necessary for bidding and
construction purposes.
5. This proposal includes the following reconnaissance and meetings:
. On site field reconnaissance and review to note existing facilities.
. Three (3) meetings with City staff to review the design development package and the
60% and 100% completion stages of the working drawings and specifications.
c.
Assistance During Bid Process
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Singer & Hodges, Inc. shall provide assistance to the City by answering Contractor questions
during the bid process and preparing addenda if necessary.
D. Construction Observation
Construction observation is not part of the scope of services of this agreement. Any construction
observation services requested by the City shall be billed as Additional Services at the rates listed
in Exhibit B.
E. Additional Conditions
The City of Dublin shall provide all existing information, currently available at the City offices,
necessary for the completion of landscape architectural services in this consultant services
agreement.
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Exhibit A
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A.
B.
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2.
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4.
EXHIBIT B
PAYMENT SCHEDULE
City shall pay Consultant an amount not to exceed the total sum of $34,140.00 (Thirty-four
thousand, one hundred forty dollars and no cents) for services to be performed pursuant to this
agreement. The fee is based on a construction budget, including additive alternates, of
approximately $525,000.00. Consultant shall submit invoices, not more often than once per
month, based upon the work completed on each task identified in EXHlBIT A "Scope of
Services" .
The corresponding not to exceed fee for tasks numbered 1, 2, and 3 shall be as follows:
Task 1 - Design Development
Task 2 - Working Drawings and Specifications
Task 3 - Assistance During Bid Process
TOTAL FIXED FEE
$ 8,600.00
$23,700.00
$ 1.800.00
$34,140.00
Reimbursable Expenses are in addition to the compensation for services above and include actual
expenditures made by the employees and consultants of Singer & Hodges, Inc. in the interest of
the project for the expenses listed below.
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.
Expense of renderings, models, and mock-ups requested by the City, 1lQ1 included in the
scope of Landscape Architectural services.
Expense of courier service and express mail requested by the City.
The fee indicated above includes Landscape Architectural services only. The fee for any
required geotechnical testing and recommendations, are not included in this agreement.
c. ..A.ny required extra services, in addition to those indicated above as authorized by the City, shall
be billed at the hourly rates listed below.
HOURLY RATES: Principal
Associate
Draftsperson
Clerical 1
Clerical 2
$95.00 per hour
$75.00 per hour
$50.00 per hour
$40.00 per hour
$35.00 per hour
D. City shall retain 10% of all billings for each task, until the City has determined that the scope of
services pursuant to this Agreement have been satisfactorily performed.
E.
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ExhibiJ B
Page 1 of2
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. City shall not pay any
additional sum for any expense or cost whatsoever incurred by Consultant in rendering services
pursuant to this Agreement.
F. City shall make no payment for any extra, further or additional service pursuant to this
Agreement unless such extra service and the price therefor 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.
G. 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
Consultant for all outstanding costs incurred as of the date of written notice thereof and shall
terminate this Agreement. Consultant shall maintain adequate logs and timesheets in order to
verify costs incurred to date.
H. The Consultant is not authorized to perform any services or incur any costs whatsoever under the
terms ofthis Agreement until receipt of a fully executed copy of this Agreement.
Exhibit B
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EXHIBIT C
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 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
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1. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant
shall be an independent Consultant 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; however, City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETe. Consultant represents and warrants to City that he has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally required for
Consultant to practice his profession. Consultant represents and warrants to City that Consultant 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 Consultant to practice his profession.
3. TIME. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations
pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Consultant 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 Consultant, his agents, representatives,
employees or Subconsultants. The cost of such insurance shall be included in the Consultant's bid.
(a) Minimum Scope ofInsurance. Coverage shall be at least as broad 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 ("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. Consultant 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 $1,000,000rper 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
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Exhibit D
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eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
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(d) Other Insurance Provisions. The policies are to contain, or be 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 Consultant;
products and completed operations of the Consultant, premises owned, occupied or used by the
Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations the scope of the protection afforded to the City, its officers, officials,
employees and volunteers.
b. The Consultant'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 Consultant'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 Consultant'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 Consultant
for the City.
3. Professional Liability.
Consultant shall carry professional liability insurance in an amount deemed by the
City to adequately protect the Consultant against liability caused by negligent acts, errors or omissions
on the part of the Consultant in the course of performance of the services specified in this Agreement.
4. All Coverages.
Each insurance policy required by this clause shall be endorsed to 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.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:Vll.
(f) Verification of Covera~e. Consultant 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) Subconsultants. Consultant shall include all Subconsultants as insured under its policies
or shall furnish separate certificates and endorsements for each Sub consultant. All coverages for
Subconsultants shall be subject to all of the requirements stated herein.
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(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.
Exhibit D
Page:2 of 3
5. 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.
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. 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 removal of any such persons, Consultant shall, immediately upon receiving
notice from City of such desire of City, cause the removal of such person or persons.
8. 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 his
profession. All instruments of service of whatsoever nature
which Consultant 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 Consultant's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to
any Subconsultant, 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 Consultant or of any Subconsultant.
Consultant 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 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a
construction contract. By execution of this agreement Consultant acknowledges and agrees that he has
read and understands the provisions hereof and that this paragraph is a material element of consideration.
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Approval of the insurance contracts does not relieve the Consultant or Subconsultants from liability
nnder this paragraph.
10. GOVERNMENTAL REGULATIONS. To the e>..'tent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and
regulations to which City is bonnd by the terms of such fiscal assistance program.
11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs,
memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement
shall become the property of the City upon completion of the work to be performed herennder or upon
termination of the Agreement.
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Exhibit D
Page 3 of3
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
. New Appropriations (City Council Approval Required):
Budget Transfers:
_X_ From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
From New Revenues Between Departments (City Council Approval Required)
Other
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Name: Name: Engineering Design $34,140
Account #: Account #: 215.95 -740-078
Name: Name:
Account #: Account #:
Name: Name:
AccOWll #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
REASON FOR BUDGET CHANGE ENTRY: Funding for the Dublin Elementary School Sports field project
was not included in the FY 1996-97 Budget but the project has since been authorized by the City Council.
Therefore an additional appropriation from the park Dedication Fund Reserves is necessary.
City Manager:
Date:
Signature
....................... .A~Approvectaftli~Qity9gfu'lc#10~~p~: Date: ..........,. ..... ..
.. Mayor:
Date:
Signature
Posted By:
Date:
Signature
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