HomeMy WebLinkAboutItem 4.09 EmerGlenParkIICarducc CITY CLERK
File # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 18, 2001
SUB3ECT:
Consultant Services for Emerald Glen Park, Phase II
Report prepared by: Herma Lichtenstein, Parks
Development Manager
& Facilities
ATTACHMENTS:
1. Consultant Services Agreement
2. Budget Change Form
RECOMMENDATION:
FINANCIAL STATEMENT:
1. Approve and authorize Mayor to execute Agreement
2. Approve Budget Change ~ . ~
The proposed fee for services under the agreement is $152,500. The
Capital Improvement Program includes $126,630 for design and
survey. A budget modification in the amount of $25,870 from the
Public Facility Fee Fund is needed in order to execute the agreement.
DESCRIPTION: At the September 18 Council Meeting the City Council authorized
Staff to solicit proposals for design and construction documents for the second phase of Emerald Glen
Park. Staff issued a Request for Proposal and six firms responded. Of the six firms four were asked to
interview, Carducci Associates provided the most comprehensive approach to the project and had the
strongest construction documentation experience.
Phase 2 of Emerald Glen Park will include the design for the entry comer into the Eastern Dublin area.
The approved Master Plan shows this area as including a small lake and water feature, gazebo and
sculpture garden. In conjunction with this comer additional temporary gravel parking will be provided
near the children's play area and a small maintenance facility in the northwest comer of the park near the
creek will be included in the project scope.
CONSULTANT SERVICES AGREEMENT
The proPosed Consultant Services Agreement prepared by the City Attorney and approved by Carducci is
shown in Attachment 1. A summary of the scope of services under the Agreement, by task, as well as the
proposed fee schedule is shown below. The proposed timeline for the scope of work under the agreement
contemplates that work will begin immediately following the signing of the Agreement and construction
documents will be complete and the project out to bid in September 2002.
Scope of Services
Task 1 - Provide Topographic Survey of Existing Conditions:
a. Visit site to observe existing conditions.
b. Review drawings of existing park and surrounding development.
c. Prepare topographic survey on AutoCAD R. 14 for existing conditions and areas noted on enclosed
plan showing the following:
COPIES TO: Carducci Associates
EG II design award
ITEM NO.
i) Property lines, easements, distance and beatings, per title report provided by the City.
2) Spot elevations on 50' grid.
3) Spot elevations at the property line coruer of top of curb, at intersections of: Central Parkway and
Park Drive and Tassajara Road and Central Parkway.
4) Location and spot elevation at existing electrical stub out.
5) Contours interpolated at 1.0' interval.
6) Invert elevations of storm drain pipes at drain inlets and drain boxes and outlets.
7) Existing tree locations, genus, mink diameter in inches 6" above finish grade, elevation at base of
tnmk at finish grade, measured tree canopy.
8) Location and finish grade of above ground utilities such as drain inlets, utility boxes, light poles,
vaults.
9) Location and size of underground utilities as best available.
10) Benchmark.
Il)Location and finish grade of objects including: sidewalks, fences, walls, site furnishings, pads,
paving edges, and curbs.
Task 2 - Meetings
Coordination meetings are included in the base contract for the purpose of discussing design program,
budgets and coordination with the Owner. In addition, Carducci will conduct a maximum of two public
meetings to receive input fi.om user groups and present the conceptual/schematic design. Carducci will also
include three presentations, two to Parks and Community Services Commission and one to City Council.
Task 3 - Program & Analysis
Review existing Park Master Plan, Phase I construction documents, existing site conditions, surrounding
proposed and existing development, proposed program, capital improvement program budget, and project
schedule.
Task 4 - Conceptual/Schematic Design
Prepare an illustrative Conceptual/Schematic Design incorporating pertinent public comments. This plan
will graphically illustrate the limits of work, proposed improvements, and potential impacts to adjoining
areas. In addition, Carducci will:
a. Prepare a landscape development plan.
b. Prepare a schematic design for the approximately 0.5-acre lake, adjacent areas, and the temporary
parking area.
c. Provide a schematic design for the corporation yard.
d. Prepare a probable cost of Phase II improvements.
e. Coordination with outside agencies such as DSRSD for landscape planting, irrigation or site issues
applicable to this contract.
Task 5 - Design Development
Prepare design development (50% CD's) for City review and comment. The DD documents will include:
outline specifications, layout plan, utility connections, electrical plan, lake drawings, details, grading and
drainage, planting, irrigation, erosion control, etc. These will be coordinated and reviewed in house for
their completeness, accuracy, and proper coordination between disciplines.
Task 6 - Construction Documents
Prepare Construction Documents (90% CD's) for City review and comment. The CD documents will
include:
a. Title Sheet.
b. Demolition and Tree Protection Plan: Detailed plan identifying removal or protection of existing
materials.
2
c. Erosion Control plan: Detailed Plan identifying erosion control during construction.
d. Layout Plan: Detailed horizontal control plan and related details, identifying materials and their location
including the lake, temporary parking, and corporation yard.
e. Grading and Drainage Plan: Detailed vertical control plan and related details.
f. Lake Plans and details to provide a total operative system.
· g.Planting Plan: Detailed planting plan for areas developed within the contract limits, including botanical
names, common names, sizes and related details.
h. Landscape Irrigation Plan and Details: Detailed layout of sprinkler heads, piping and valves to provide a
total operative system.
i. Specifications: Final specifications for aforementioned work will be in CSI Format.
j. Cost evaluation for improvements based on our best opinion of costs at the date of the estimate.
Task 7 - Bid Documents
After incorporating comments from the City, Carducci will prepare Final Bid Documents.
Task 8 - Bid and Award
Assist City in the bidding procedure as required. This may include: attending
responding to contractor's questions, issuing addendums, and reviewing the bids.
a pre-bid meeting,
It should be noted that the scope of seruices does not provide for construction administration by Carducci.
This will be negotiated as a separate item after the award of bid for construction of the improvements and
when the City determines the level of construction administration needed.
Fee Schedule
Task 1 - Survey $ 10,000
Task 2 - Meetings $ 12,000
Task 3 - Program/Analysis $ 5,000
Task 4 - Conceptual/Schematic Design $ 25,500
Task 5 - 50% Construction Documents $ 41,000
Task 6 - 90% Construction Documents $ 38,000
Task 7 - Bid Documents (100%) $ 10,000
Task 8 - Bid & Award $ 1,500
Fee Subtotal $ 143,000
Reimbursable Costs
TOTAL FIXED FEE
$ 9,500
$ 152,500
The proposed fee exceeds the available budget by $25,870 so a budget modification is needed in order to
execute the agreement. In discussing the fee with Carducci, it was indicated to Staff that the
subconsultants needed for design and engineering of the lake, fountain and gazebo drove the cost of
design services up.
PROPOSED ART CONSULTANT
The Dublin Fine Arts Foundation has commissioned an artist to work with Carducci to provide artwork
that is integral to the project design. (The City Council previously approved the request of the Dublin
Fine Arts Foundation to pursue an "Art in thc Park" project for Emerald Glen Park.)
The artist, Ned Kahn, has been creating public artworks that encourage people to observe and interact with
natural phenomena such as flowing water, wind, fog and light. Many of his completed works were
intended to reveal a hidden or unnoticed force in a site such as air currents or the changing light in the sky.
Mt. Kahn has created permanent and temporary projects nationally and internationally for museums,
communities and corporations. His installations can be found in Germany, Italy, Switzerland, North
Carolina and Seattle Washington.
While Mr. Kahn will be working collaborating with Carducci Associates on the final design of the
artwork for Emerald Glen Park, the tentative design for the artwork that was Presented to the Dublin Fine
Arts Foundation "Art in the Park" Selection Committee proposed to use the energy of the sun to power a
water feature in the proposed lake. The concepts for the artwork will be presented to the City Council for
approval at the same time that the Conceptual/Schematic Design of the park is presented.
RECOMMENDATION
It is the recommendation of Staff that the City Council take the following action:
1) Approve the Consukant Services Agreement in the final form attached and authorize the Mayor to
execute same (Attachment 1)
2) Approve Budget Change Form (Attachment 2) authorizing a budget modification in the amount of
$25,870 from the Public Facility Fee Fund.
4
AGREEMENT BETWEEN CITY OF DUBLIN AND CARDUCCI ASSOCIATES
FOR CONSULTANT SERVICES
EMERALD GLEN PARK PHASE 2
THIS AGREEMENT is made at Dublin, Califomia, as of December 18, 2001, by and between
the CITY OF DUBLIN, a municipal corporation ("City"), and Carducci Associates, ("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 Facilities Development Manager ("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:
Bill Fee, Principal
Carducci Associates
555 Beach St, Fourth Floor
San Francisco, CA 94133
ATTACHMENT 1
Any written notice to City shall be sent to:
Herma Lichtenstein,
Parks & Facilities Development Manager
City of Dublin
100 Civic Plaza
Dublin,' CA 94568
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
EXHIBIT
sCOPE OF SERVICES
Proiect Description
Landscape architectural services for Phase II of Emerald Glen Park, approximately 4 acres, adjacent to
the existing play area that will be a major entry point to the new development in Eastern Dublin. The
0.5-acre lake will be a main visual feature of the park and a gazebo will be included as connector for the
main pedestrian corridor. The gazebo and water features will be lit for safety and identification at night.
Public art, prepared by an artist of the City's choosing, will be included as an integral part of the design.
Other Phase II elements to be included are landscaping along Tassajara Road and Central Parkway,
additional temporary parking spaces for approximately 50 cars, and the half-acre maintenance yard. The
capital cost of the Project is estimated to cost approximately $1,450,000. The project area is Shown in
Exhibit E.
Task 1 - Provide Topographic Survey of Existing Conditions:
a. Visit site to observe existing conditions.
b. Review drawings of existing park and surrounding development.
c. Prepare topographic survey on AutoCAD R. 14 for existing conditions and areas noted on
enclosed plan showing the following:
1) Property lines, easements, . distance and bearings, per title report provided by the City.
2) Spot elevations on 50' grid.
3) Spot elevations at the property line comer of top of curb, at intersections of: Central
Parkway & Park Drive; Tassajara Road & Central Parkway and the Tassajara Creek
entrance.
4) Location and spot elevation at existing electrical stub out.
5) Contours interpolated at 1.0' interval.
6) Invert elevations of storm drain pipes at drain inlets and drain boxes and outlets.
7) Existing tree locations, genus, trunk diameter in inches 6" above finish grade, elevation at
base of trunk at finish grade, measured tree canopy.
8) Location and finish grade of above ground utilities such as drain inlets, utility boxes, light
poles, vaults.
9) Location and size of underground utilities as best available.
10) Benchmark.
11) Location and finish grade of objects including: sidewalks, fences, walls, site furnishings,
pads, paving edges, and curbs.
Task 2 - Meetings
Coordination meetings are included in the base contract for the purpose of discussing design program,
budgets and coordination with the Owner. In addition, Carducci will conduct a maximum of two public
meetings to receive input from user groups and present the conceptual/schematic design. Carducci will
also include a total of three presentations to Parks and Community Services Commission and to City
Council.
Task 3 - Program & Analysis
Review existing Park Master Plan, Phase I construction documents, existing site conditions, surrounding
proposed and existing development, proposed program, capital improvement program budget, and
project schedule.
Task 4 - Conceptual/Schematic Design
Carducci will prepare ~an illustrative Conceptual/Schematic Design incorporating pertinent public
comments. This plan should graphically illustrate the limits of work, proposed improvements, and
potential impacts to adjoining areas. In addition, Carducci will:
a. Prepare a landscape development plan.
b. Prepare a schematic design for the approximately 0.5-acre lake, adjacent areas, and the temporary
parking area.
c. Provide a schematic design for the maintenance yard.
d. Prepare a probable cost of Phase 11 improvements.
e. Coordination with outside agencies such as DSRSD for landscape planting, irrigation or site'
issues applicable to this contract.
Task 5 - Design Development
Carducci will prepare design development (50% CD's) for City review and comment. The DD
documents will include: outline specifications, layout plan, utility connections, electrical plan, lake
drawings, details, grading and drainage, planting, irrigation, erosion control, etc. These will be
coordinated and.reviewed in house for their completeness, accuracy, and proper coordination between
disciplines.
Task 6 - Construction Documents
Carducci will prepare Construction Documents (90% CD's) for City review and comment. The CD
documents will include:
a. Title Sheet.
b. Demolition and Tree Protection Plan: Detailed plan identifying removal or protection of existing
materials.
c. Erosion Control Plan: Detailed plan identify/ng erosion control during construction.
d. Layout Plan: Detailed horizontal control plan and related details, identifying materials and their
location including the lake, temporary parking, and corporation yard.
e. Grading and Drainage Plan: Detailed vertical control plan and related details.
f. Lake Plans and details to provide a total operative system.
g. Planting Plan: Detailed planting plans for areas developed within the contract limits, including
botanical names, common names, sizes and related details.
h. Landscape Irrigation Plan and Details: Detailed layout of sprinkler heads, piping and valves to
provide a total operative system.
i. Specifications: Final specifications for aforementioned work will be in CSI Format.
j. Cost evaluation for improvements based on our best opinion of costs at the date of the estimate.
Task 7 - Bid Documents
After incorporating comments from the City, Carducci will prepare Final Bid Documents.
Task 8 - Bid and Award
Assist Owner in the bidding procedure as required. This may include; attending a pre-bid meeting,
responding to contractor's questions, issuing addendums, and reviewing the bids.
Timeline
December, 2001
January, 2002
February - March, 2002
April, 2002
May - August, 2002
September, 2002
Award of Agreement
Survey, Program and Analysis
Conceptual/Schematic Design
City Review
Design Development, Construction Documents
Bid Assistance
EXHIBIT B
PAYMENT SCHEDULE
CITY shall pay CONSULTANT an mount not to exceed the total sum of $152,500 (One
Hundred Fifty Tw° Thousand Five Hundred Dollars) for services to be performed pursuant to
this agreement. CONSULTANT shall submit invoices; not more often than once per month,
based upon the work completed on each task identified in EXHIBIT A "Scope of Work". The
parties understand that such amount does not include post project acceptance claims processing
services that may be provided pursuant to C. "Extra Services".
The corresponding not to exceed fee for tasks numbered 1 through 8 shall be as follows:
Task 1 - Survey $ 10,000
Task 2 - Meetings $ 12,000
Task 3 - Program/Analysis $ 5,000
Task 4 - ConceptUal/Schematic Design $ 25,500
Task 5 - 50% Construction Documents $ 41,000
Task 6 - 90% Construction Documents $ 38,000
Task 7 - Bid Documents (100%) $ 10,000
Task 8 - Bid & Award $ 1,500
Fee Subtotal $ 143,000
Reimbursable Costs
TOTAL FIXED FEE
$ 9,500
$ 152,500
Co
Do
The Consultant will be reimbursed for expenses at cost plus 10%. The items allowable for
reimbursement are as follows:
Items supplied by the consultant;
1. Cost of Printing and distributing
2. Cost
3. Cost
4. Cost
5. Cost
6. Cost
7.
8.
of transportation/mileage.
of postage, UPS, Federal Express, etc.
of progress photos.
of ongoing and final clean up, as necessary.
of other items as required, with prior approval from Owner.
Cost of office supplies.
Mileage billed at $0.33 per mile.
"Extra Services" including, construction administration, soils tests and additional site visits post
project acceptance claims processing services, are to be billed on a time and material basis using
the hourly rates shown below. All extra services are to be authorized by the owner in writing.
HOURLY RATES:
Principal - $125.00
Landscape Architect - $85.00
Clerical / Word Processing - $50.00
City shall retain 10% of all billing for each task, until the City has determined that the scope of
services pursuant to this Agreement have been satisfactorily performed.
Eo
The total sum stated in Section A above, shall be the total, which the CITY shall pay for the
services to be rendered by CONSULTANT pursuant to this Agreement excluding extra services.
CITY shall not pay any additional sum for any expense or cost whatsoever incurred by
CONSULTANT in rendering services pursuant to this Agreement other than extra services.
Fo
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.
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.
Ho
The CONSULTANT is not authorized 'to perform any services or incur any costs whatsoever
under the terms of this Agreement until receipt of a fully executed copy of this Agreement.
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 D
GENERAL PROVISIONS
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; ETC. 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 of Insurance. 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 or codes 8 and 9 "hired or non-owned autos" if
consultant does not own any automobiles.
3. Workers' Compensation insurance as requked 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 Liabihty: $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 Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
(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, 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. 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 Subconsultant. All coverages for
Subconsultants 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. 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 PROHIBITED2 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 fi:om and against any or all loss, liability, expense, claim, costs (including
reasonable costs of defense), suits, and damages of every kind, nature and description directly or
indirectly arising from the performance of the work to the extent that any of the above are caused by the
negligent acts, errors or omissions of the Consultant. 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.
Approval of the insurance contracts does not relieve the Consultant or Subconsultants from liability
under this paragraph.
10. GOVERNMENTAL REGULATIONS. Consultants shall comply with all laws and regulations
that apply to consultant's performance of this agreement and that apply to the performance of the project.
To the extent 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 bound 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 hereunder and final
payment to the Consultant or upon termination of the Agreement.
CITY OF DUBLIN
BUDGET CHANGE FORM
New Appropriations (City Council Approval Required):
Budget Transfers:
CHANGE FORM #
__X__ From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000)
(If Other than General Fund, Fund No - 310) Within Same Department Activity
From New Revenues Between Departments (City Council Approval Required)
Other
Name: Name: Emerald Glen Park, Contract Services $25,870
Account #: Account #: 310-95600-740-000
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: i Name:
Account #: Account #:
Name: Name:
Account #: Account #:
ASD/Fin Mgr Date:
Signature
REASON FOR BUDGET CHANGE ENTRY: In order to execute an agreement with Carducci Associates, the
consultant retained to prepare the design and construction documents for Emerald Glen Park, Phase II, a budget
adjustment is necessary.
City Manager: Date:
Mayor:
Posted By:
H:ICC-FORMS~FORM-budget cltange, doc
Signature
As approved at the City Council Meeting on:
Signature
Signature
Date:
Date:
Date:
ATTACHMENT 2