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HomeMy WebLinkAboutItem 4.09 Fallon Sports Pk Site Furnitureor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL June 7, 2016 Honorable Mayor and City Councilmembers CITY CLERK File #600 -35 Christopher L. Foss, City Manager " Fallon Sports Park Phase I I Project PK0414 — Additional Consultant Services for Construction and Procurement of Site Furniture Prepared by Rosemary Alex, Parks and Facilities Development Coordinator EXECUTIVE SUMMARY: On April 5, 2016, the City Council awarded Fallon Sports Park Phase II project to Robert A. Bothman. As part of that same item, the City Council authorized an amendment with Carducci and Associates for additional construction administration services however this amendment requires adoption by Resolution. Additionally, Staff is seeking authorization for the City Manager to execute a Purchase Order for the procurement site furniture with Ross Recreation Equipment, funded with Measure D funds. FINANCIAL IMPACT: Consultant Services During Construction Construction Administration ( Carducci and Associates) $129,725 Sufficient funds are available within the project for the consultant services. Procurement of Site Furniture Purchase Order (Ross Recreation Equipment) $54,033.85 1 % Contingency to Allow for Variance in Shipping Costs $540.34 Total Estimated Cost $54,574.19 Sufficient funds are budgeted in 2016 -2021 Capital Improvement Program Budget for materials purchase. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving an Amendment to the Agreement for Consultant Services and Authorize the City Manager to execute a Purchase Order for the procurement of site furniture for Fallon Sports Park Phase 11. Page 1 of 2 ITEM NO. 4.9 "ubmitteb By Reviewed By Public Works Director Assistant City Manager DESCRIPTION: The City Council received a Staff Report on April 5, 2016 regarding the amendment to the Agreement with Carducci and Associates. That item was adopted by motion; however Staff has been advised by the City Attorney that the amendment must be adopted by Resolution. The scope of services during construction provided by Carducci and Associates will include site visits, attendance at 25 progress meetings, responding to requests for information, review of submittals and preparation of a project punch list as further detailed in Attachment #2. In addition, the original agreement with Carducci and Associates was set to expire at the end of this fiscal year. The amendment also includes a time extension until December 1, 2017, to coincide with the anticipated completion of the second phase of the project. The procurement of site furniture was excluded from the construction contract as it was anticipated that the funding to purchase the furniture would come from grant funds and that the City's direct purchase would eliminate the contractor markup. In order to maintain consistency with the fixtures at Fallon Sports Park Phase I, Staff recommends purchasing matching fixtures from the same supplier, Ross Recreation Equipment, for Phase II. This purchase qualifies for exemption from the competitive bidding process, according to the following condition set forth in the City's Municipal Code Section 2.36.100 (B) 4: "When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city's needs at the lowest cost." In accordance with the City's Purchasing Procedures, Staff is seeking City Council approval of the purchase order as shown in Attachment #3. Staff is also seeking approval of a 1% contingency to account for potential variance in shipping costs at the time the site furniture is shipped. NOTICING REQUIREMENTS /PUBLIC OUTREACH: No public notice. ATTACHMENTS: 1. Resolution Approving an Amendment to the Agreement for Consultant Services 2. Exhibit A to Resolution 3. Purchase Order 4. April 5, 2016 City Council Staff Report Page 2 of 2 RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING AN AMENDMENT TO THE AGREEMENT FOR CONSULTANT SERVICES WHEREAS, the City of Dublin ( "City ") entered into an Agreement with Carducci and Associates Incorporated ( "Consultant ") on October 1, 2013 to perform consultant services to complete construction documents for Fallon Sports Park Phase II; and WHEREAS, the term of said Agreement is set to expire June 30, 2016; and WHEREAS, the City awarded construction contract on April 5, 2016 to Robert A. Bothman for the construction of Fallon Sports Park Phase I I; and WHEREAS, the City needs additional services to assist with construction administration of Fallon Sports Park Phase II through completion; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approve the amendment to the Agreement with Carducci and Associates Incorporated, for additional design services in the amount of $129,725, and extend the term of the Agreement to December 1, 2017, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the amendment on behalf of the City Council. PASSED, APPROVED AND ADOPTED this 7t" day of June, 2016, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 1 /ran, rl(f ± ? - - I IDI IN'T #3 TO CONSULTING IE I II IE R E IE M E T BETWEEN HIE ClITY OF DUBILIIIN AND CARIDUCCI AINID ASSOCIATES Ti"-"•HiS AIM IENlDi AENT sh all ll modify tih e Aq t rn nit dated Oictolb it 1, 20,13 toir corn u Itling services by wind between the City of IDiulbiiin ("City"), and Caii and Associates ("Consultant"), The date of Arneindii11 #3 shall t be Jurn '7, 20,16. . In order to accommodate addiitloin i services to The provided in for the duration of F Born Sports Park lPhase IIII the r me nt shall be modified as toillow : A) Section 1.1 alh 11 be id d in its entlrety wind be repi c d with the following IE) Tine first sentence of Section 2 s1halli Ible rescinded in its entirety and r 1plaoed with the tollllow it n : Sectilon 2. IREINSATII IPA Cli Thereby agrees to pay Consultant a sum not to exceed 1 ,281,590, (One ii and two (hundred and eighty.-one thou 9aind and tiv hundred and niin two dollars), rnotwith t rndiing any contrary indications that'May Ib contained !in Consultant's proposal, for services to The performed and reirnbursable costa incurred under this Agireenneii ) xhillbit -- SccIpe of Services s1hafl be revised to iin ll ud ddiitiioin ll services not two exceed 129,725 as included in the tot;all compensation lini Secticin 2 and as Ihowrn iiin the following follawing prcposai tronrn Carducci and Associates dated IM it to 18, 2016 to and attached as IExhl blt A. CITY OF DUBUIN Christopher II.... (Foss, Crily IM n geir C 0 1114 S UII.....TAINT 011i1lii irrn IE::::. Ii:::' , ll::,1rincipal . ° "III '° ° "'Ip °° I ° °'III III IIIE;;;;;; III ° "III' °` # Amendment #3 To Consultant Services Agreement between June 7, 2016 City of Dublin and C rdur of and Associates VIIIMMM City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn- Rosemary Alex Subject! Fallon Sports Park, Phase 2 Job Number., Dub13-02 Additional Servioes Agreement #3 EMMGEE= This letter is in response to the City of Dublin's request for Carducci Associates to provide additional services on the project referenced above. The scope of these services will be to provide construction administration as follows: Construction Administration These services will be billed to you under our project number DUB13-02 per the terms and conditions of our contract with you dated October 1, 2013. The fee for these services will be for a lump sum price of $129,725.00 (one hundred and twenty nine thousand seven hundred and twenty five dollars) without further authorization, 416 CARIDUCC ASS =aG 0CWI,` ES 1,515 B E ACH T RE . FT R) UIR II LOCIR 5,6 M, 09117 SAN HMNCIrr, CU- CA r.kl 123 We r-u.-lqupsk yoiar- written, appirovall of Ws: aut1hoirizatlion for additional services by siginilinq a in, d iret a ir in I in g o n e ropy of t h iis 11 erte r f o r ol u r files. mamumpa= C','ARDILADC'�1 & ASS1011", ;A"IlE.;: E5 II NC- C. II IFY OF ICS IIJIBI I lrJ WHOM= WHIliam E.. Fee, AM A, AICFI I A L'iceiise No. 2537 flit e� Altachvirierit: Estimate of Flours m Date: a �,F j :2 It I- lu aar I w eq IL u LU R lot J; Is 0 0 44 4A la la 16 a a at fQ CL Ali a ry OF 11C )U1111:111:31111 111111114 tl PUIII R,C1 1AS111:1":":," 011111 III DE III R 111I:ZEQI )111: 11 w ::uw Nmius"r Iwi IPiiil Iw : :r ui ik our um irr Iwiiii 114TRIEry" (So(.? fr)r Gerwral . .. ..... . . .... . ........ . ................ . ................... . . ... . .. .... ........... . ... . ................................. . . . ... . . . .................. . . . .................. . ............ . ....... . ...... .. . ........................................................ GIENEIRAL HNS"TRUCTIOINS or geil serdees, silipjr)fla�u:y � or eq,iAlpil exceeding $5,1000 reqiiijilil a Flilirchase Order. [V.1,j ir,; 1,-i a r� e s ... .......................................... . ...................................................................................... . ... . ...... -Pil 3 Ounte-a for Ipt.iiil berweein $5,01001 ;mind $44,999.91, Ifigiriften C)IRVit.-il qp.iiates algameed luaurnder $10,0100., $110,0010 ff)$44,999.99 inusi, have, written quotes, Aftchi quill to Purchall Ord: er lRie-quesil, 445,1f01+00 or over rn il fo H o w fonl I lo id ID: ro ce d u re & recp u ire Co ij ri v :11 'a Ip jj>rova 11. AP. ac{hied s ign le,aJ R es* I u Uo ru . - P ij IN Ic )No r Ik s C o nstrt eflo I'll oontrax"Ar, '$'Q 011N.Aa 000 or lo v er re (.,� ij 11,ire oo inpe UtIv e !s ea 11 ed lb I d s . F1 il N(Id le rx.) 1py or sIg ne d m il lil a inid R reso 1111.1 flo rn ff.,)r "T"ernIpurairy Staffing rriust 1fue1 alpl3riffired thin:r MIh 'h R 10ept k), Ihliiriirng Sill funqA must be airaflable 4P the deDartment buduat for whosre blenefft thisourrtPase i l.ohemade. rt.l!,y jgID. b..11.1112 I.P r..qIh.as,,ij�n0Ej ka...i a rice Sil Z36.100 Ell ce A Ilo in ls to clo il vp h id d I in r ... . . ... . .... _L . . . . . . Rt . . . . . . . . . . . . . . . . A A Contracts or piarcil invaMirlig the; 8,rQlUjlsliIl cA rorvsil.#'11U,uirst ot Prote."l!"il sfmxvice.s., .are exil froinn Competillive bidding, Iho wever the gprr �mkiregrierill. trot siuch seil t0wW1 be slublectto the loIll 1. Conlil oi- puiril inveAving the afl:,,quisi!Unpirh of consultant, ow praesskWoll servi - .r gil than ar, equal to S45,000 am V requke 1 Chy Cotancil appravaU 2., it resIl to l Cnil for ciii lipmcuil of' pnotes-sil senne*$ froert jpviya le w1rhill,, Wile ranoneering, e n vir ra rim Deft L, lairud wirveying. lDV �i Piloil purojecl irmanageril tre r1t.grc.ha9jil Aegent shalk e5ltal~ adirrini-stwellivo prooedures No ass urn that surhi aro ongaged cxi the tm!l of demo rust alteii ipomWenoe and quiRiMilwifil foo il types alf Soil lto Il Perion-ned Ancs at fair a ind rent. win il prices ii ii ll 110mrx+ wh1h Gxoverinrneil (:,ode Ser*on 4526 or it l. l rsor 3, TI NP Ilsing Agent il tAl as Requvst !kiln Qiu .plea morn os Request for Projil to irllsunp tho s(.:rrO ces aire, rnalc4ed %Afith, the iril of IN-, a il 13, Any re-que-M for art exoep hoin urrider khTs 2., 6, 100.8 Viall Wenbify Vw il ol th a call or jjjaluril ail of Ir. conlrarA or pi.mrc..Il and lltx ireasxjnp y compotiuve bidding �s noll. feasil ari�d shaM lbe suWect Ill Cillty Coil I apIl TIl pmlvi ssons Of 1.'��A olil 2 36 wn .Abjac.,,.t to City Coll approyM shaill not all to th" follovoil. 1 Where the Cit.y's requiremeMs can tm rinet zo%elly il slirl palleil arlilcw;ov process, 2 Silk,UajiCMg %Vrhere no lb-ds have been received fiAllriwinV 4 bid annouirwcail l:=irTr(..1ucU.od pumuoil 9 c provIsill of thilo C,,hpll 3 Wt ein an ernergeml requllnl�--.s flhal all ll em pllwxadl w9ft the nearest source oll sull 4. Vyrh.,[a..Hjl a Contrall Or pU il 101volves goOds of a Waclr,imical nalluil vdWre K woulkl be, dilificulh. kx a voil to Il team stall set. of spnrifirafiarw, and ffie Purchasing Agerilt ksrldll,vl P Moll reval of known prodo.jOs and a :.x3irinpsil of realuren whiah 11APYOU113 M0,51. Cl• I•il li., Clity's nit mda at 11h• lowest cost: Ell IF o ir jan ift I! aw sery i cq,,,.,b s for c Ay 10 w Il i rigs a il harAfifi A S:� 6. IF or rna i Mon a nos said mpa il of bu ' td 1 il ,arid lfacittnt ktic 7'. R::ilw imairdenarl sind rx".Tpair of public stviw.ts., ilrkrPll street Swum : ft.. IP l b 11 i c P roje cts, guos on nt to Article V 4., f thO 6 C INS p I* ir , V. VA,10in a"001r.,Pr Il agency Vil adrnklilister d a competitive birlding process and Il a c.urrent vaill agra<�-il for Il eame or, substairrUaRy wil corl-SuRairlit 'or pilm".1 servil geneffM services, sil cur equiprrw....,irn '71O.Whan t un Cr il Council the competAive Rollo pro%.Awss and avltho0zes staff tea Irnr7 a'at 18 ttlr'u lttn011 of vil by a Ip,Dil vote Tlhi,unk your for Itie opporlun1ly to quote your u pco. inniraq.;1 pfopert. IPIease rotate That quotesa do matt incllude bo rid iing, u ins tua11lhaluon, engineering ralcu.ulWicns, secuurtty, storage, permits, inspection, o8tlload or safely surfacing unlle.ss ofinerwise noted., t!' gposil %a may be required before order can The placed depending on cu. ^,atomer urrrrrlit ternn;,. 'Your puufc*ka;:ar3 is sijbjed „4 to the^ te• *rrn.s and cond Iifiions of thus cluac:Re, appro%rail of this quote atlree.s to those terms. Sirlrra0rure: I1~�e� retie; f hale. 11:7�rt:e Pi epaired By Alle:x. Hailley Ern�aiiG male :xUo{+'s}rcr;,;;tre»c „dwgrvv OI 10 ICm iriva lit iCriwturllk H.rrwlurl, ,'"1m.uiiil1te 20111 Sairoil:ra IKiu a, u:4rrlliiforrviia ^95+111011 Iallrain frx uo �i,R #5210752 °Ipd• i° I "YIII�';. �' "III "tl "tIC11CY1CY,.o-tuirtl.D Quote Number 00017548 Opportunity Name Fallon Recycled PL DuMor ReSS Quote Name Fallon Recycled PL DuMor Quote Date 5916/2016 10 Co,�1flrSrl � i,�1Jl "111V'iJG. Quote Exp Cate 61161 016 Bufldingp C'Orrare unhy akne 1973 Est Lead Time Check with Sales Rep Bill To Name Dublin, City of 'Ship To Name Fallen Sports Park Boll To 100 Civic Plaza Ship To 4605 Lockhart Street Dublin, California 94563 Dublin, California 94566 United States United States R1N � 111111 l Ii Illllp �� � � "' � III II IIIIIIIG I� IW idlllll I � I IIII I� 011111 4,t1Ck 1C1t1...613 -114 L II PI~JC:11G:;AP ACC'1F:::,SSIIf31...IE: r IICN,C TABLE $1,840.00 $('360.001 14.tb93 14 i1 3Cllf:ll.. CS' IRS,SII..IE:::, h' IEEE'.C::,YCI...FD Pll..A '11'IC $1,845.00 125,3301.010 4,C1C1 r 6' -42314 IL 1 PED I Alf:t'IL.If:::„ 3 $11. All S, 4 X 4 PLAS1111C $1,t3'S{3,00: $7,400.010 2.00 76 4411:11.. 1:1'F.I1) TAB ILli:::, 4 ,;:3li :KA11 "S„ 4 X 4 F'1LAS Sk2 „1241.00 $4,240.00 Total Quote Amounts Countyl City Tax Alameda County Mate nai,, Amount $44>3'30.00 Tax Rate 9.54100% Tax Arnount $4„ 2'5€1.135 Labor Total 30-00 Credit Terms Not 30 On Materials Shipment Freight Amount $4 „945.00 Total S54,031185 Tlhi,unk your for Itie opporlun1ly to quote your u pco. inniraq.;1 pfopert. IPIease rotate That quotesa do matt incllude bo rid iing, u ins tua11lhaluon, engineering ralcu.ulWicns, secuurtty, storage, permits, inspection, o8tlload or safely surfacing unlle.ss ofinerwise noted., t!' gposil %a may be required before order can The placed depending on cu. ^,atomer urrrrrlit ternn;,. 'Your puufc*ka;:ar3 is sijbjed „4 to the^ te• *rrn.s and cond Iifiions of thus cluac:Re, appro%rail of this quote atlree.s to those terms. Sirlrra0rure: I1~�e� retie; f hale. 11:7�rt:e Pi epaired By Alle:x. Hailley Ern�aiiG male :xUo{+'s}rcr;,;;tre»c „dwgrvv OI 10 ICm iriva lit iCriwturllk H.rrwlurl, ,'"1m.uiiil1te 20111 Sairoil:ra IKiu a, u:4rrlliiforrviia ^95+111011 Iallrain frx uo �i,R #5210752 °Ipd• i° I "YIII�';. �' "III "tl "tIC11CY1CY,.o-tuirtl.D or r�(r DATE: TO: FROM: SUBJECT: STAFF REPORT CITY COUNCIL April 5, 2016 Honorable Mayor and City Councilmembers CITY CLERK File #640 -35 Christopher L. Foss, City Manager ' Fallon Sports Park Phase I I (Project pk0414)— Award of Contract and Additional Consultant Services for Construction Prepared by Rosemary Alex, Parks and Facilities Development Coordinator EXECUTIVE SUMMARY: The City Council will consider awarding the construction contract and additional consultant services for Fallon Sports Park Phase 11, (Project pk0414). The proposed project provides two synthetic turf soccer fields, a lighted 90 -foot baseball diamond, a group picnic area for 100 people, restrooms and a concession building, parking, and supporting elements as further detailed in the report. FINANCIAL IMPACT: Construction Approved Construction Budget $12,362,151 CalRecycle Grant $99,445 Total Available Construction Funding $12,461,596 Robert A. Bothman Bid Results for Base Bid $12,996,500 10% Construction Contingency $1.299.650 Total Potential Construction Cost for Base Bid $14,296,150 Proposed Bid Alternates Add Alternate #1 Playground ( +10% Contingency) $308,000 Add Alternate #2 Soccer Lights { +10% Contingency} $640,200 Subtotal, Alternates $948,200 Total Potential Construction Cost including Alternates $15,244,350 Funding Shortfall for Base Bid with both Alternates - $2,782,754 Potential Additional Funding Sources Public Facility Fees Fund (with potential advance from the General Fund, approved by the City Council in June 2015) $2,782,754 ATTACHMENT #4 Page 1 of 4 ITEM NO. 7. Consultant Services During Construction Geotechnical Services (Lai and Associates +10% Contingency) $157,740 Construction Administration ( Carducci and Associates) $129.725 $287,465 Sufficient funds are budgeted within the project for the consultant services. RECOMMENDATION: Staff recommends that the City Council receive the report and take the following actions: 1) Determine whether the identified bid alternates will be included in the project; 2) Adopt the Resolution Awarding Fallon Sports Park Phase II (Base Bid), or adopt the Resolution Awarding Fallon Sports Park Phase II (Base Bid and Alternates); 3) Adopt the Resolution Approving a Consulting Services Agreement between the City of Dublin and Lai and Associates-, 4) Authorize the City Manager to execute Contract Amendment #3 to the Consulting Services Agreement for construction administration services from Carducci and Associates.- and 5) Authorize the City Manager to amend the project budget to reflect the City Council's actions. ubmitte By Reviewed By 1 Public Works Director Administrative Services Director DESCRIPTION: On April 21, 2015, the City Council rejected all bids received for Fallon Sports Park Phase II because the base bids exceeded the available construction budget by approximately 20 %. Subsequent to that decision, Staff and the project's consultants developed options for value engineering the project to reduce the overall costs of the project while retaining the primary features related to the major programmatic elements of the park. On December 15, 2015, the City Council reviewed the revised scope of work and authorized Staff to advertise Fallon Sports Park Phase II for bids with two additive alternates. Base Bid Fallon Sports Park Phase II base bid scope of work includes the following elements: • Entry road and parking for 145 vehicles ■ Park pedestrian circulation • Utilities • Landscaping and erosion control • Two synthetic turf soccer fields with conduits stubbed for future lighting • One lighted 90 -foot baseball diamond • Scorekeepers booth and scoreboard • Restrooms and concession building Page 2 of 4 • Park identity and directional signs • Group picnic area for 100 people • Fallon and Central Parkway landscape and sidewalk Bid Alternates As part of the bid package, additive alternates were included to provide flexibility in terms of project scope and meeting the current project budget. The following additive alternates are for City Council consideration: • Additive Alternate #1 will provide for a playground adjacent to the group picnic area. Contract Increase (includes 10% contingency): $308,000 • Additive Alternate #2 will provide for lighting of the soccer fields. Contract Increase (includes 10% contingency): $640,200 After a five week bid period, on March 14, 2016, the City received bids from three bidders with results shown in Attachment 1. Robert A. Bothman Construction submitted the lowest apparent bid. Upon review of the bid proposals it was determined that Robert A. Bothman Construction was the lowest responsive and responsible bidder. Consultant Services During Construction If the City Council awards the project, consulting services would be required to support the construction of the project. The City has an existing on -call agreement with Lai and Associates to perform a variety of geotechnical consulting services, and Lai and Associates provided such services for the Fallon Sports Park Phase I. As the on -call agreement expires June 30, 2016, Staff would like to engage in a new agreement for the additional geotechnical services needed during construction of Fallon Sports Park Phase II. Such services would include observation and testing during site preparation and grading. Additionally, on an as- needed basis, Lai and Associates would provide inspection and testing during the construction of utilities, retaining walls, soccer fields, building, trash - enclosure, pavement, concrete, and drilled piers for site structures, as further detailed in Attachment 4. The project also requires consulting services related to construction administration. The scope of services during construction provided by the design firm, Carducci and Associates, would include site visits, attendance at 25 progress meetings, responding to requests for information, review of submittals and preparation of a project punch -list, as further detailed in Attachment 5. Schedule If the City Council awards the project at this time, the schedule will be as follows: 1) Notice to Proceed April 2016 2) Construction May 2016 — June 2017 3) Maintenance Period June 2017 — August 2017 4) Park Opening Fall 2017 NOTICING REQUIREMENTS/PUBLIC OUTREACH: Copies of this Staff Report were sent to Bidders. No further public noticing is required. ATTACHMENTS: 1. Bid Results 2. Fallon Sports Park Phase Two - Site Plan 3a). Resolution: Base Bid Page 3 of 4 3b). Resolution: Base Bid with Alternates 4. Resolution Approving a Consulting Services Agreement between the City of Dublin and Lai and Associates 5. Exhibit A to Resolution — Consultant Services Agreement with Lai and Associates 6. Contract Amendment Construction Administration — Carducci and Associates Page 4 of 4 k/ \\ LU 6E K2 00 ))_ \f $ � � \[ (� (( §E )) {K z \ « @ [ } , z Iq m \ \ § } z@za \ \ f § k] /( ,,()f k \fq� / -„ n r ?gym° u att�DAh"j ray N rvh�o4u�lli; w, W ,Q rr y1 L 0 ci cv U , Q Z- 2 W { 2 � w = Q ? Q � m I w rql. � w - V uJ m 0 2 O V Z 4 D � aW ROP N� z 0 Ll1 ua� J, , � � q rna i 2 W { 2 � w = Q ? Q � m I w rql. � w - V uJ m 0 2 O V Z 4 D � RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** AWARDING FALLON SPORTS PARK PHASE TWO (BASE BID) TO ROBERT A. BOTHMAN, INCORPORATED. WHEREAS the City of Dublin approves the plans and specifications for Fallon Sports Park Phase Two (Project pk0414); and WHEREAS, the City of Dublin did, on March 14th, 2016, publicly open, examine and declare all sealed bids for doing the work described in the approved Plans and Specifications for Fallon Sports Park Phase Two (Project pk0414), which Plans and Specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the City Engineer, who has reviewed the bids to determine the lowest bid which was responsive to the requirements of the bid documents; NOW, THEREFORE, the City Council of the City of Dublin does hereby award Fallon Sports Park Phase Two (Project pk0414) to the lowest responsible bidder, Robert A. Bothman, Incorporated, at a base bid of $12,996,500, the particulars of which are on file in the office of the City Engineer. BE IT FURTHER RESOLVED that the City Council of the City of Dublin authorizes the City Manager or his designee to approve the project's contract change orders based on the appropriated funds designated for Fallon Sports Park Phase Two, up to the contingency amount of $1,299,650. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 5th day of April, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 3(a) RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** AWARDING FALLON SPORTS PARK PHASE TWO (BASE BID AND ALTERNATES) TO ROBERT A. BOTHMAN, INCORPORATED. WHEREAS, the City of Dublin approves the plans and specifications for Fallon Sports Park Phase Two (Project pk0414 ); and WHEREAS, the City of Dublin did, on March 14th, 2016, publicly open, examine and declare all sealed bids for doing the work described in the approved Plans and Specifications for Fallon Sports Park Phase Two, which Plans and Specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the City Engineer, who has reviewed the bids to determine the lowest bid which was responsive to the requirements of the bid documents; NOW, THEREFORE, the City Council of the City of Dublin does hereby award Fallon Sports Ground Phase Two (Project pk0414 ), to the lowest responsible bidder, Robert A. Bothman, Incorporated, at a base bid $12,996,500 and alternates(s) at ($ } the particulars of which bid are on file in the office of the City Engineer. BE IT FURTHER RESOLVED that the City Council of the City of Dublin authorizes the City Manager or his designee to approve the project contract change orders based on the appropriated funds designated for Fallon Sports Park Phase Two, up to the contingency amount of $ BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 5th day of April, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 3(b) RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING AN AGREEMENT WITH LAI & ASSOCIATES FOR GEOTECHNICAL SERVICES FOR PROJECT PK0414 FALLON SPORTS PARK — PHASE II. WHEREAS, the 2014 -2019 Capital Improvement Program includes a project to construct Project Number PK0414, Fallon Sports Park Phase II; and WHEREAS, the City has solicited proposals from Lai & Associates to perform geotechnical services for the construction phase; and WHEREAS, Lai & Associates has demonstrated ability to perform geotechnical services for the construction phase of said project; and WHEREAS, Lai & Associates is available to perform the work as specified; and WHEREAS, the City Council authorizes the City Manager to approve contract amendments to Lai & Associates contract up to the 10% contingency; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby approve the Agreement with Lai & Associates, attached hereto as Exhibit A and authorize the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED this 5th day of April, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 4 imi nii::�ii ir A CONsuii nING SERVICIES AGIREEMIEN"IF ISIE"MIFEN "IFIRE CIITY OF DU111311 IIIN AND 11 All ANID ASSOCIIATIES TH 16 AGREEMENT for consulting se Mice. s is made by and between the City of Dublin ("City") and Lai and Associates ("Gonsu[Mnl-")- as of AIpJI 5, 2016. Section 1. SERVICES, Subject to the torms and corididons set forth, iin this Agreement, Consultant shaft provide to City the seiM ces do. schlbe. d- in the &npe of Work attached as Exhibit A at the time and place and in the manner specified therein. I!n the event of a con-Mct in orlinconsistency between the terms of this Agreement and Exhlb1f. A, the Aq1-ee171r[1-I- ShaIll 131-0-VM. 11 Term of Services. The term of this Agreement shall in on the date first noted above and shall end on )eceimber'l, 2017, and Gonsulfanf shall complete the work described in Exhibit 11 prior to that date, un I'ass th a fozm of the Ag reernent is otherwise terminated or extended, as provided for irn Section R.. The fIme provided to Consultant to complete the services required by this Agreern ent shall not affect f1he City's right to terminate the Agreement, as provided for ki Saction 8. 1,2 Standard of lPerrfmmainca . Consulfaint slialli. p ailorii--i all s oarvi ce:s required pursuant to this Agreement in fine man ii(.4r and according to th( standards olbse ived by a competent practitioner of the profession in which Consultaint is engaged in the geographical area in which Consultant prac§c(.ys its prafession. Consultant shall lairepare all work products required by this Agreement 1 n a su bstantial, first-class mari ne i- and shall conform to the standards of qM11ty normally observed by a peir.mn pra(Ai6ing in Consu'tant's profession. 1.3 Assignment of IPairsoininell. Consultan-1. shall assIgn only comlpc..�Aent personnel to perform se,vices pursuant to 1,,ils AgreemeiQL In the event that City, in its sole discretion, at any time during flie tern of Mils Agreement, des! ms the `e'aSSII!.-.t FI Mell t Of a 9Y su --h persons, Consultant sha-H, liTirnedlately upon recelving riodee from Cifty of sick desire of City, reassign sucl-,a porson or peamong. 1.4 Time. Consultan-4 shall devote sudh firne to, the lnedormance of services Dur,&l ant to this Ag,eerient as may Ibe reasonably necessary to meet' the Mandard of performance provided in Section 1.1 above. and to, satisfy Consu I tant's obli g atlions hereunder. Section 2. COMPENSA"ll"1101M. City hereby agrees to pay Consultant a surn, not to exceed $143,400 (one hundred and forty-three fl-i o u s and four hundred dolllars even, notMfhstwid i ng any contrary ind icaticfls th a, may be contained in Cons ul tant's proposal, for ser-Aces, to 1,,a,e perform e d and reimbursable costs incurred Linder this Agreement. In H-le event Of a 0011-Mct [x-Awc.ven this Agreeri,K-a nt and Consultant's proposal. attached as E xh ilbit A, regard In g the amount of cornpen saJon, the Agreement shall p revail. C ty shall pay Consultant for services rendered pursu ari-J. to this Ag TeITIEVit at flh e d rne and i,i the manner set fo,th I-erein. The payments sp(-::clfled below shall be Me oirly payments frorn City to Consultant for services rendered pursuant to ;his Agreement, Consu I tail t. shall sul,�i-rtg all invoices to City in the manner specified herein. Except as specifically aut-lhorl zed by City, COIISUE-allt Shall 10t bill. C11'[Y f01- dLlp:iCate Se'vices perfor-med by more than one parson, Consulting Services Agreement :)evtween April 5, 2-016 City of Dub in and Lai a•id Associates Page 1 of 13 Consultant and City acknowledge and agree chat compensation paid by City to Consultant under this Agreement is based upon Consul`affs estimated costs of providing the services required hereunder, including saJaries and benefits of employees and subcontractors of Consultant. Consequently, the pates furtner 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 the eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. Notwithstanding the "not to exceed" compensation amount in the preceding paragraph, the Contract Administrator may authorize payment above the "not to exceed" amount to allow Consultant to provide additional services, or, to compensate Consultant for services provided within the original scope of work in excess of the hours specified in Exhibit A. In no avant, however, shall the Contract Administrator authorize payment of such additional payments in excess of 10% of the "not to exceed" amount. 2A Invoices. Consultant shall submit invoicos, not more often than once a month during the terra of this Agreemen', based on the cost for services performed and reimbursable costs incurred ;prior to the invoice date. Invoices shall contain the following Information: Serial identifications of progress bills; i.e., Progress 13111 No. 1 for the first invoice, etc.; The beginning and ending dates of the Milling period; A Task Summary containing the original contract amount, the amount of prier billings, the tv:al due this period, the balance available under the Agreement, and the percentage of completion; At City's option, for eacd worm 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 fours spent by each pe,sen, a brief description of ft-e work. and each reimburse expense; The ,ota nimber of hours of work perforated under the Agreemert by Consultant and each om;ployee. agent, and subcontractor of Consultant performing services hereunder, as %vela as a separate rotice ,+ hers the `otal nurnbor of hours of vtorn by Consultant and any individual employee, agen ", or subcontractor of Calsultan! reaches or exceeds 800 hours, wh ch sl-all include an est mate of the time iecessa,y to complete the wc,k des&bed in ExExhibit A; T" e C39sullant's signature. — 2.2 Monthly Payment. City shall make monthly payments. based on invoices received, for services salisfacto,ily performed, and for authorjzed reimbursable rests incurred. City small have 30 days from the rece.pt of an invoice that compl es witn all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the lase 10% of the total sung due pursuaW to this Agreement witl°in sixty M-) days after oomoletion of tree services and submittal to CM of a final invoice, if all services required have been satisfantori:y peilormed. Consuiting Services Agreement bE,,,h ec-.,,n April 5, 201 City of Dublin and Lai and Associates Rage 2 of 13 2.4 Total Payment. City shat, pay for the services to be rendered by Consultant pursuant to this .Agreement. Cit;i shall not pay any additional surr fo any expense or cost ..fhatsoever incurred by Consu tans in rendering services pursuai; to th.s Agreement. City shall make no payment for any extra, further, or additional seRIce pursuant to this Agree -ent In no event shall Corsu3tent subrm: any invoice for an arnousnt in excess of tf e maximum amount of compensation provided above eitl,er fo, a task o, for the enure Agreement, unless the Agreement is modified prier to the si.ibmission of suet° an invoice by a properly executed change order or amendment. 2.5 HourlyfqqL Fees for work perfo,iwd by Co9sultan; cn an hourly basis shall not exceed the amounts sho,,,4 ° in Exhibit A 2.6 ReimWrsable Expenses. Reimbursable expenses are exc =uded from this Agreement. 2.7 Payment of Taxes. Consultant is solely responsib e for 'l-e payment of employment taxes incirred under this Agreement and any similar federal or state "axes, 2, 8 In the evert that the City or Consultant termir°ates this Agreement pursuant to Section S, the Cly shall compersate the Consultant for all outstanding costs and reimbursable expenses incurred for worK satisfactorily completed as of —e date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to vorlfy costs Incurred to that date. 2,9 Authorization to Perform Services. The Consultant is not ajthorized to poi Corm any services or incur any costs wha?soever under the terns of this Agreement until receipt of authorizafion from the Contract Administrator. Section . FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sale .........................._ cost and expense, provide all facilities and equipment that may be necessar}; to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and onl4y under the terms and condi lion s set forth herein. City shall furnish physical fac Mies 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 facilNes 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, lung - distance telephone or rather 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 properly that may arise from or in connection with the perfcamiance of the work hereunder by the Consultant and its agerils, representatives, employees, and subcontractors, Consultant shall provide proof satisfactory to City of such insurance that moos the requirements of this ............................................. ............................... ---.._ ............................................................................................................................... . ................... _........................................................... Consulting Services Agreement between April 5, 2016 City of Dublin and Lai and Associates Page 3 of 13 section and under forms of insurance satisfactory in. all respects to the City. Consultant shall maintain the insurance policies required Ihy thils section throughout'lia terra of this Agreement. The cost of such insurance shall be included in the Consultiant's bid, Ccrirsull-[ant shaIll not allow any subcontractor to commence work on any subcontract u�nti I Coinsu I tain t has obtained NI 1 iisu rance required herein for the subcontractor(s) and provided evidence theireof to City, Veiriificatli:)in (if the required insurance shall be submitted and made part of fts Ag ree ment lairicir M axeoufio n, 4A Workers' Coirinn Bins aboin. ConsuNaint shall, at its sole cost and expense, maintain Statutory Wo.rke. rs' C orn ID a rsa-Tion Insurance aird I::::'mIDIoye i's I iability Insurance for any and all persons Pimployed directly o.r 1 nd! re. cfly by Consultant., 'Tine Statutory Workers' Compensation Insuraiice. and Ei, nployer's Liabifity Insurance shall be provided with limits of not less than 0INI:--- MIII LION DOI LARS per acclidentr In the allemailve, Consultant may rely on a self.. linsu raince. Ip roq rarn to iin ow-A those, rec u irements. but only if "he 1pograirn of self insurance C0mIpIi(.-,'S fully With flhe :>1rovisions (..)f the Califomia Labor Code. Determination of wl'x,their a self -11nauirari.ce prograi•n meets the stardards of •e Labo• Code shall) be solely in the d sciredoin of th P., Contract Ad iTi !in istrator. The insuer, if tIr1L insurance is provided, 01- , Consultant, if a progirarn of self-lirim.irarce is provided. shall viaive all dglh-l-s of &.ilbiroga,hoin agalirst the City and its officers, officials, employees, and vo unteers for loss airisling frame work peffoirim ed under this Agreement. An endorsern e nt sl-,41 state. that coverage shall not lie canceled except after thirty (30) days' prior written notice by certified mail, rMurin rec ellpt requested, has been given to the City. Consulltaint shall notVy City within 14 days of rio-11-Fication from Consultant's 'usurer if such coveirage is susloended, voided or reduced In coverage or ir. limits. 4.2 Curnmercliall Geineirall wind AutmigLIN118 11 NIN111rhy llinsLuiran M_ 4.2.1 Geineirall rea a 11 reiments. Consultant, at 1 ts owri cos f. and, expense, §h @I m ai nta n cornmerclai gaineiral and auto rriol�il e. liability i n su raim--* for the term of t7 is Agreement iin an arnount not less than ONE RA I I I ION IDCLLARS 61.000,000.00) per occuirre nc e., caiiNai ned s! nglle 11 fril � coverage fo i- risks associated .rite the work contemplIated lay this Agireement. IIf a Commercial General Liabi.ity I-isuraice or an Autornoblile I lablMy fo-ri,iiii or other forrn Stith a geineirai aggregate limit is used. either the general aggregate llim0 shall apply selpairafely to the work to be perforrned render th 1 s Agreement artare general aggregate limit shall be at least twilce the required occurrence Hirnit. Such coverage shall include but shall no. be limited to, protection against clairins arising ftorn laodily and personal injury, including deaf--i resulfing therefrom, and damage to property resulting from activities conterinplated under -[-.his Agraemaint, including the use of owned and non- owned automob 11 es. 4.2.2 Milinimuim scope of covvimge. Coirimercllal, goineiral coverage shall be at least as broad as kisuipaince Services Office Commercial Gen(,,ra I Liability occurrence form CO. 0001. A utom ob! le c(:iverage sl-,i al'I The at 9aast as h rand as Insurance Servioes Office Automobilla. I ialbility form CA 0001 Code 'I ("any auto"). ......... . . . ............................................................................................................................ . . . .................................................................................................... I . ................................................................. Consulting Services Agreement between April 5, 2016 City of Dublin and Lai and Associates Page 4 of 13 4,2,3 Additional requirements, Each o= the following shall he included in lie insurance coverage or adders as an endorsement to the po icy: a. Ci-y and its officers. employees. agents, and volun -eers sha I be covered as additional insureds with respect to each of tl`e following I I ability arising out of activ.ties performed by or on behalf o- Consultant. incliding the insured °s general supervision cf Corsultart: products and completed operations of Consultant; premises owned. occupied, or ised by Consultant: and' automobiles cwned. leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of p,otection affo!ded to City or its officers. employees, agents, or volunteers. The insurance shall cover on an occurrence or an accident basis, and not on a claims -mace basis. An endorsement must s "ate tha- coverage is primary insurance tallith ,espect to the City and its officers cffic als, err =p oyees and volunteers, and that no insurance or self - insurance rnaintained by the city shall be called upor to contribute to a loss under the coverage. Any faiiure of CCNSJLTANT to comply .�.ith report ng provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state thai 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 oven cast 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 ornissions. 4.3.1 Any deductible or self- insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. ......................................................................................................................................................—.,.,..............,,,....................................................................... ............................... Consulting Servi cps Agreemment betweer April 5, 2016 City of Dublin and 1', a! and Associates Page 5 of 13 4.3.4 TN., [allowlirig pr(.Misions shall apply if the professional liability coverages are wrl'I'ten on a clairns made form: a. The retroactive date of the pollicy in ust lDe shown and must be before the date of the Agreement b. Ilrisurance must be m,3in4ned and evidence of insurance must be provilded for at least five years after cc: ompl eficin �of the Agreement or the work, go long COMMerclially available afl reasonable rates. C. Ilf cov araq e is canceled ar riot re. nevved and it is not replaced with ;another claIMS iTrade 1001 goy forrn with a retmactive,, date that precedes the date of this Agreement, Consultant must provide. extended reporting coverage for a rniiiiii mum of five yeam, affair comp ledon of the .Agreement or the work. The Cl ty shall have the right to exercise, at the Consultant's sole cost and experi se, any extended relpoill ng p mv is! o n s of flue policy, if the Consultant cance Is or 4Joes rto re. new 'ft coverage,, A copy of the Cl allnrl reporting ireq u 1 re. MellfS rn ust be submitted to the City prior to the commancemerit of any work under this Agreement. 4.4 All Policies IRe quilraimpints. 4,4,1 Acceptablifil!y of linsureirs. All. Insurapoo. required hay thilis section is to be placed .. ................... . __ with linsu reirs with a Bests' raf. Ing al: no less U-i an AN I I 4.4,2 Veirlificadoinofcoverage. :::Iiiar to ,xeglrinlng any woflk under this Agreement. ConsuNantshall. furnish City with cerf1ficaf(...,s of Insurance and 1,vith origiral endorsevnents effectling coverage requilred h ffeln. "T"he certif cases and en donseMel"I 15 for each i ii-sura nce policy are to. be signed by a person autl- c rized by that lin s ureir to, ID! ri d coverage on its ID e. h alU The City reserves the right to ,eq ul re cornplete, ceilif*d (xilp i es of all r'equir'ed 1 insu rance policies, at any time. 4.4.3 Su lbcointracloiis, Corisul fant shall llinclude ;,III subcontiracto•s as Insureds under its x I lei e s or shall fu iTi 1 shi separate certificates and endorsamen ts for each subcontractor, All coverages for nulbcontractor, shall be sub,ect to all of the ,eq u 1 re. Ments, stated herein, 4.4.4 Varliation.. The City may alplarove a variation in the faire-going insurance, requirerne iits,, upon a detenn1nadain thaf the coverages, scope, limits, and forms of such 1n xurarroe are, e 1 th er not commercially available, or that the City's interests are otherwise, fully protected, 4.4.5 Deducfiblles and Self -llin uir IRele ntiloins. Corisultant SI-al dis,Iose to and obtain the approval! of Cify for the sell-f linsurc-A retentions and deductibles before beg! n nl.ng a ny of d,-i c services or work called for by any terri of this Agreement. Co -i s u Iting Seiiices Agreerneri f Ihetweein April 5, 2016 City of Dublin and Lai and Associates Page 6 of 13 Durilng the period cowered by this Agreement, only upon the prior express wfiren authorization of Contract Ad rn in stqator, Consultant may increase sucl deductibles or self -- insured retentions with respect -to City, ids officers, employees, agents, and volunteers. "I"he, Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, g u a ranteeing payment of losses and related investigations. claim administration, and defense expenses that is satisfactM in all respects to each of there. 4.4.6 Notice of Reduction lIn Caffaqe. In the event that any coverage required by this section is reduced, HrMed, or materially affected in any other Mannef, Consultant shall provide written notice to City at Consultarifs earliest possible opporti nity and in no case Ialer than live days after Consultant is notified of the diange 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 Me extent and within the tirne herein required, City may, at its sole option exerclJse any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's broach: Obtain such insurance and deduct and rotaiR the amount o;f the Premiums for such insurance front any suns d u e 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 requiirements hereof; and/or V Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILIT111E.S. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, ernployees, agents, and volunteers -from and agalInst any and all losses, liability, claims, suits, action-s, 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 rn unici pal law or ordinance, to the extent caused, in whole or in part. by the .vi 11-ful misconduct or nog I igent acts or omissions of Consultant o, its employees subcontractors, or agents. by acts for which they could be held stricfly liable, or by the quality or character of their work. The forego,ng obI ig afion of Consultant shall not apply when (1) the injury, loss of 'i1fe, damage to property. or viola-ior of aw arises wholly froa-i the negligence or willful misconduct of t,ie City or its officers, ernoloyees, agents, or MuMeers 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 violatioi of law. It is uiderstood that the duty of Consultant to indernnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, Acceptance by City of insurance cert ficates and endorsements required under this Agreement does not relieve Consultant from liability Unsult,ng SerAces Agreement between Apri 5, 2016 City of Dublin and Lai and Associates Page 7 of 13 under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Notwithstanding the foregoing, to the extent that this Agreement is a "construction contraof as defined in California Civil Code section 2753, as amended from time to time, such duty to indemnify shall not apply when to do so would be prohibited by California Code section 27512. 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 empioyer 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. STATICS OF CONSULTANT. 6.1 ladepgodent 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, lave, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not quality 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 {PENS} 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 La . The laves of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder, ............................................................................................. .......................I....... .,........................................................................................................................................................ ........ ............................... Consulting Servliices Agreement be.ween April 5, 2015 City of Dublin and I....ai and Associates Page 8 of 13 7.3 Other Goverininienitall If egullaflo ins,, T'o the ex6nt that thiis Ag reernen I may be funded by fis--al assistance from another' govemn'ieintai entity, Consultant and any subcontractors shall com p#y wl f1h a11I appl icalb le rules and reg u I afi on s to, w h i ch, City is bound by `he terms of suc-i fiscal assistance program. 7.4 Licenses ain IP eirimiltr,,. Consuftaint re aire'RONS "Ind wairraint's to City that ConsuNnt and its employees, agei1s, and any swhamtractors, hiave 0 licenses. permits, qualifications, and aporova Is of w lutsoever n atu re that are leg a 11 y ireq W re. d to practice tqei r respective professions. Goinsull'aint relairese. nts and wairrainti to City flhat Consu taut and its employees, agents, any subcontractors shall, at the i i, sole cost and expense, keep in effect a-, a I ! times d LA r! n g the to nn of th is Ag ree rne. in t any I icA- iri se s, 1,�e rirn i ts, and a p o rova I s that are 1 e g a: I y re q u 1 re d to practice fl'-i e 1 r re s pecti ve 1p rofas sl o n s.. In add It ic n 'o the foregoing, Consultant and any su Ime n 4ractoirs stroll obtain a nd inaiintaiin during the term of this Agreement valid 13usliness cen&..s frorn, City.. 7.5 NondIscrind nag on and IE quall GiRpoirtminiltv.. Consultant shall! not ciscriminate, or file basis of a person's trace, relliqlairi, color', ncWloina! origlin, age, 1, ftsical or mental haqdicap or d isabil ity z rne. di c,,.,il (:,,ori d iti on, 7-iairi 01 status, sex, or qexual ori e ri Otior. against any employee, apps Ncmi t for e, ii-i aloym ent, subcontractor, b,Iddeir for a subcontract. or participant in. recipient of, or applicant fair any ser-Ores or ,�irograms provided by Consultant under this Agreement, Consu Itant sl'41 GGIMID I Y with all applli cable f aderal, state, and local I @,..vs, poilic-ies. rules, and re-qu 1 reATteints related to equal o ppoirtu n ity an d DOW iscri rn in ation in employrrierit., confiracting, and tine provislain of any services that. are he subject of this Agreement, iincludlng but roof Ilrnifed to fh(...., safisfacdon of any positive ob igations required of Consultant thereby, Consultant shall include the provisions of th 1 s. Subsectloin tin, any subcontract approved by the Contract Ad in-! n 1 strallor or 1-h is Agreeirrie it. Section 8. TERM INA"T1101141 AND IMOID111 FICATMR, 8.1 Term i natiom, City rnay cancel t1--cis Ag raeim ant at any time) id without cause upon written notification, to Coinsultant. In the event of terim 1 nat! w), Co n su Itaint shall be anfted to compensation for services performed to. The effective dat ra of tek-im! n adion; CH.y, hn vvry rair, imay condition payment of such compensation v pon Co nsu taint delivering fry City any or all documents, photographs, computer software, video and auft tapos, and other materials provided to Consultant or prepared by or for CoiBsWfain t or tine City 1 n co ninect! o n w tlh this Agreement. 8.2 Extension. City in ay, 1 n tits sale and exclusive diiisciretlon, extend the end date of this Agreement beyond that lo rovid ed for 1 n Subscctioin 1. 1, Any such extension shall req Wire a written amendineint to this Agreement, as provided 'fair herelin. Consultant understands and agrees that, if City grain!fs such ain extensioin, City shall have no obligation to provide Consultant W-th compemsation beyond the inaxiinurn arnount provided for in this Ag ree mend. S 1 in 11 airl y, unless auth ohz ed by the Coi,,itrart Ad ini n i strator, City shall have no I ................. . ........... I .......... I --------- ...................... ................................... Consulting Services Agreement betwaain April 5, 2016 City of Dublin and Lai and Associates Page 9 of 13 obligation to re I rin bu r�e Co q s u I f. a n f. for a riy oM e iwise IPeiilrnbursalale expenses i n c U rred during the extension period. 8.3 Amend ments. The 1pailles imay amend this Agiree ine. iit only by a writing signed by all the parties. 8.4 Assignment aind Subcoinftactiling. City and Consultainf recognize and agree that this Agreement coin teir Ip I at c s 1::) c iwinal 13, eilo rimainico loy Consultant and is based upon a determination of Consultant's unique pensx)nal competence, experience, and specialized personal knowledge. Moreover, a substantial linducorneiM to. CH-y for entering into this Agreement was and is the pirof ess] onal reputation and coin 1.3cfeince of Consultant. Consultant may n at assign this Agreement (-Y any 1 aleirest theirei in without the prior written approval of the Contract Adimlin strato r. Consultant shall not su 13contract any portion of the performance contemplated and pruv 1 ded for h ee re I n, othw thair to the subcontractors noted in the proposal, w diout prior written appirava I of The Contract Administrator. 8.5 Survival. All olal Jigati 0 Is aids! n g prior to the tairi nati on of taxis Agreement and all provisions of this Agira�eitnent allocating liability Ins Meain City and Consultant shall survive the termination of this Agreement. 8.6 Optiorls Upoin Breach lb y Coinsulltaint.. If CoirsultaiM inateiially breaches any of the terms of this Agreeme. iit, City's reirnedles shall included, lbut not be liin-'ilited to, the following: 8,6.1 Immediately terminate the Agireeirneint; 8.6.2 RO.alin fhe, plains, specifications, drawings, reports, design documents, and any ctheii, worth. product lorepaired lay Connulf ant 1p ursuant to Ili s Agreement, 8.6.3 Retain a different coinFw Itaint to co rnplete the wolf described in Exh ibi' A. not finished 1..)y Coinsull-[aint; or 8.6.4 Charge. Consu Itaint''th E., dlffeireirrc e h eaf-ween the cost to complete the work descid1h ed I 'i I:::::xIhiiIDi t A that is u 11 n ished at Me dirne of laireach and the amou it that .......... ............................... City would have pa d O'.)nsi.ii1taint, put uaint'to Section 2 If Consultant had con-1pleted the work. Section 9. KEEPING AND s"rXII"US OF II:kIE COI RIDS. 9.1 Records Cireated as Part of Coin sulltaint's Poiffairimaince. All re�porlis, data. maps. models. chaps, studies, surve, ys, phatogralphs, inernorainda, al'airis . studies, specifications. records, =ales, or any other documents or rna-terrals, irl ele-cf.roinic, or any other form, that Consultant pares or ol.Aalins pursuant to thin AgiT..�eime ni. and tl­ at relate to the matters ,,overed hereunder shalli be the property of the City. Consultant he,eby agrees to delive• those documaints to the City ulaoin teirinlination of the Agirax irneift 't is understood and agreed that the, docu inents and o•ier mat e ha Is, including bW riot limited to those described above, prepared pursuan't W this Agreement are prepared sped-fically for ths City and are Consulting Services Agreement bet en April 51 2016 City of Dublin and Lai and k9socliales Page 10 of 13 not necessarily suitable for any future or other use. City and Cansultan' agree that, unt I final approval by Cite. all data, plans. specfications, reports and other documents are confid'ent'al and will no' be released to `I°i"d parties without prior written consert of both pagies 9.2 Consultant's Books and Records. Consultant sha'I maintain any and all ledgers. books of account, invoices. vouchers, Canceled checks. and other records or documents evidencing cr rela'ing to charges for services or expenditures and disburserieits charged to the C ty under this Agreement "or a minimu -n of three (3) years, or for any larger period iNiired by aw, 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 t!lis Agreement requires Consultant to mairtain shall be made available f7, inspection. audit, andior copying at ary'inne during regular business �iours, upon ora or written equest cf the Cit ' . Under California Government Code Section: 3546.7. if the amount of public funds expended under '.his Aareerrent exceeds TEN THOUSAND DOLLARS ($10,000.00), tae Agreement shall be subject to the exairina *ion and a:idit of the State Auditor. at the request of City or as part of any audit of the City_ for a period of three (3) yews after 1nal payment under the Agreement. e"'.10li 10 MISCELLANEOUS f�li OVISIONS, .......................... ........................................................................... ............................... 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 ether 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 couris of California in the County of Alameda or in the United States District Court for the Northern District of California, 10.3 Severabil ity. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the previsions of this Agreement not so 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 Agreoment shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. Consulting Services Agreement between April 5, 2015 Cite of Dublin and Lai and Associates Page 11 of 13 10.6 Use of Recycled Products. Consultant shall prepare and submit all reads, v,,ritter� studies and other- printed mated al on recycled IDalSe,r to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of I nteirest. Consultanf. may Serve other cll eM,,.,,, but netts lose activities within the corporate limits & City or whose Dustiness, req.arftss of location, wculd p-ace Consultant in a "co nfl 1 c f.- of I ite re's t , " as that to rim! 1.s, d -of i n c dl in the ll::-Io I i ti c a I Reform Act codified at California Government Code Section 81000 e� seq. Consultant shall not employ any City official in the work peitormed pursuant to this Ag•eement. No officer or employee. of City slial I haws any financial interest in this Agreement that wou Id vloW@ Cadl f orn 1 a G. ove rin rnen t Code Secdoin s 1090 et seq. Consultant hereby warrainfs that if is iRot now, near has ft he an i ir the previous tweive (1 2) months, an employed, age. it., alppoln,taa�, or oftlal of Hie City. If Consultant was an employee, agent, appolintee, 0 1, of Ici al of the City in the pirevi crus twelve months, Consultant warrants tIhat it M riot paitIcIpate in any manner in the forming of this Agreement. Consultant undemtands fiat, if tlNis Agreement [is made in violation of Government Code, §109G ot seq., the e nit! re, Agreement is v6d and Consultant wi I I not be entitled to an d+ cc nrloct nsaflon for services IDorioaned pursuar1 to, tdi is Agreement, including reimbursement of expe ases, am:i Cc nsu taint will be re. q u [rod to re 1 rn b i rse the City for any Burns paid to the ConsuRant, Consultant u. nd eirstands that, in addition to the foregoing, it may be subject to cilmlinal prosacution for a violation of Government Code § 1090 and, if applicable, will be dlisq ual 1hed ftrn hc6nq pu U [c office in the State of California. 10.8 S;elicitation. Consu ltaM agrees not to solicit busliness at airy rineeting, focus group, or interview related to this Agree ine n t, elth o i, orally or through any written materials. 10.9 Contract Admi n Istraflion 'This Agream -on t shall be adim 1 nistered by the City .Manager ("Contract Admirlstrat&'),. M con espondence shalt lb(.T directed to or through the Contract Administrator or h 1 s or her des! g nce. 10.10 Notices. Any written notice: to Consultar)t strap be scant to: Lai and Associates Attn. Paul Sai-Wiling I ai, V cc- :::"resident 44CO MarKet Street Oakland, CA 9469 B Any written notice, to City s1hall! be seine to.: City of Diblin Attn: Chris L. Foss, City Manager , 0-3 Civic Plaza Dublin. CA 94568 10.11 Professional Se all, Where aplillicable iri the determination of the contract administrator, the first page of a technilcal repoil, first page of design specifications. and each Gage of ------------------------------------- --- - ---------------- - --- Consulting Services AgreemeiRt be-hNeen April 5, 20,16 City of Dublin and Lai and Associates Page 1 2 of 13 construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the repoNdesign preparation. 'T'he stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with reporildesign responsibility," as in the following example. Seal and Signature of Registered Professional with report/desip responsibility. 10.12 jAegradon. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement bohveen City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. UTY OF DUBLIN Chris L. Foss, City Manager Aflest; Ca cline Soto, City Clerk Appre,ved as to Fors : John Bakker, City Attorney CONSUL'TAN'T Paul Sai-Wing Lai ----------------------------- ---------------- I -------------------------------------- — ----------------------------- — ---------------------------------------------------- Consulting Services Agreement )etween April 5, 2016 City o-'Dub -in and Lai and Associates Page 13 of 13 .i.1.r .700 .S 1..7' 'i. ✓IATE S t= 7E(YI'TJ'C.rJNICAl ENCYTNr:,ER Via Email January 20, 2016 Tob NIo. 210,300 I4s, Rosemary Alex Paark. and Facilities Development Coordinator City of Dublin 00 Civic Plaza Dubtin, C:ahlbrnia 94568 Subject: €Jeoteelmic.al Engineering Services during Construction Fallon Shorts lark — Phase ?. Fallon Road and Central Parkway Dublin, C;alift}rwi"I Bear Ivls. Alex: We are pleased to pl•esent this proposal to provide geoteclinical engineering services during construction of the Fallon Sport Park — Phase 2 in Dublin, California. The park is located at the north, est corner of Fallon Road and Central Parkway and the site of the Phase 2 improvements is located at the southern and louver terrace portion of the park We previously perforined a geotectinical investigation far the project and presented the results in our April 112014 report (Job Igo. 210.200)• As shown on the Revised Master Plan, the proposed improvements include two synthetic, turn soccer fields, a baseball field, a recreationrconcession/restroom buildilrg;, bocce courts, an entry road., two parking tots, retainivig walls, plaza arrta, walkways, sidewalks and lights. Ivlode.rae grading is anticipated for the proposed iLmprovemcnts. SCOPE OF SERVICES Based on our experience with similar projects and your April 6, 2015 letter, we recornmend that the scope of 01W services include the fallowing: 1. C'onsultation ci.uring value engineering and grading plan revision in Ivlayikule 2015; 2. C0nSL11tRU0II dfflIk*; value engineering wid project plan update in NovernberlDecernber 2015; 3. As needed, provide geotechnlc.al consultation during construction; 4. As noeded, attond one, 2 -hour pre - construction meeting and frfleen 2 -hour- construction prowess mectirigs; 5. On a full -time basis, provide geotechnic.al observation and testing dozing site preparation and grading; 6. On a hart -time basis, provide gootechnical observation and testing during underground utility installation, retai -ning wall construction and subdrain installation; T. On a part -time basis, provide geotec fniival observation and testing during soccer field construction; 44001 I"ket: Street, Oaklmd, CA 94008; Ccu, (925) 639 - 3836; Famil gzrul�lxill�r� �n�ail,�n�rr Ja rmmr•y 20, 2016 Job No. 210.300 PnOle 2 8. [:)rr a past - -times ha.sirs, 'l7ruv.ia c g witecaLuiical observaition an.d.. tc:srot:ing during bta.ilciing and trash enclosure const.motio n; 9. Can a basis, 'providie geot:ecl—ur cal oC. senlat.ion. and t:e s- ing din -Inn Pavement ror}:;trerc:t.ion: 10. On a part.-time >xw is, provide l c::atcc:l:u-iic;rzl 011- N(:,eva¢tirrn and. ng services during c onexcte pathway, plaza an..d _ xidewodk c:c7nr,t:r�xc:ti.�:Y�t; 11. On tezr on--call bmias, observe- ffie drill. xl pier. lwks )r the IIV use x',i poles. baseball scoreboards. shade sm.id.urea, :ffl ag pole, l r-- lIlis and fencing of 10 fe-e -r or h1gher 12. Laboratory testing tcy slzrr�r:c:r.rt. t::LLe J:ic Tkl. krlxcwr �t.i4:�rz and 13. Prepare a report ;,,u trm r izing tire::.trc:sults o[ c.G.0 olrgc;rvatt:.ir:rtx a,ind. t:e,,.ttr ig. MATE , ............................. I ............................ VVe propose to provide; our scrvic cs on a trir:xr • and expense basis, in acc: cudarrf x witlr tlic attached Fee: Scliedu -le; — 2016. PVC, ae'e %srr prr:rc '1 tr;7 r�rr7v:i:.c t]xc, h[:t7[7(:: GTI.' e;IV:C6:G:'� C7F:Gt.�I[I ;u� i �7C }V� (71' il[1 5t1i1] { Chi st of `143,400, distributed rE7u.F hI y as {:c7IiE vvs. We ;,vill not cxc ec -Y1 t:1tc:: osti -mawd cost witbout your written autlrorization. . ::::............................................ ............................... .................................................... ............................... r::............................................................. ............................... IAS DESCRIPTION 1�;s•TI[n�•ICl , # .sl.s C'.onsu kabon (baring May/June 20-15 ............................................................ ............................... S2.000 Consultation durinf 2015 $ 400 ................. ... -------- - - - - -- .consulm(ion durif }e. t. �on's.,mIA::t.ma $ 6,000 Prc- constructir}r- and Frcrp'cen lme tings, $ a t t e—;t... ........ ...M... _&a...... ... .._. C:iet }L c:la►r.ic: t1 {31�5� rv�e.:t�xs kxr. €i ':[.'�siiug € ur•ing cif �; :€�r�;�Yrx�.Cinrr and Granting j� 1:3,t1i!0 t�St:tllaf {�. t1L't7 lea tilnp -T Vi'c:�li:f3 3f: `�i..(1(thrc:.c:k:: C-ic:oLr:c:lrnic:al t- bservatxot- and '-fes lig curling 1. JndF,',I°rf]'11.nd Uffl14y .test€ llatiou, R -cta ai g, Wall Cdr }e}struc:t,(m and. Sutdrain l: vit.ail.a Lion 721 "000 � .e.il.aT�te ci ii rre gin. 30- -boTrr we c:lc,s at `4.,(X10 /xy ,e:Ic:) (:rc:�n;rhi:lical tfl:,s s'�'aeic�r arad `1' itzrxg d 'r, i"ag Srfurer.l'i6I.cl. €; 20, 2(�'. 6 Job Nc), 0.3 00 pagc orico-,.—Jered) we beyond our co WE Ile above cost J,es -.:.ot include c..aiges for ,­.��..crvedtioia and rewshng dudng rC•.'pair wc)rk. per ."orin-ed by the coAraufar VA, }-iave assurned an. 8--lbour da�, and a five-day week Qlcncc`.C; drrou,�)h. Friday); overtime sit resuh in enra ccsty In MIR, the ahme cost doe� 1:.ot Fah) ,_n our � tkl WWI& is scheMed A die pri),,'mt and the zonhauor "vork acx.p-late Wc-', have Cl c ar, .e 'Or Shown time. Shedd mch diayes ho iscoad, Omy Od be WHO W you but c.,Duld be' iCc-,-vexed W� wfflkeo�r You advised of mir job Aa_q�,es b? issIng moribly progress bA: K, and W! Mun you of any clanged cundhien signii ci,,mly afka mr, total fie. .-f y(.i, have q -xsdwjs rogarding our The or snopc of swYceq please do not heshate to call us. If. this );roposal rreets you appmvf, pjease pTovide a Chy of DAN connect N) us as the audWaWn of cur ,wont, you Ar die to rest G3 -:Cl to XGLIJ. 1100d". subm%A, Pail MY Pres..dery G) E 23 2 6 Attach­nej,xI: lee 2016 4 400 Pda Net SmU, 0 aM a A, CA 9 4608; (701: (9 5) 639-3836; E m a Q tk3x�ao3i3 LAI & ASSOCIATE "" SOf•IIDIVl.I: 20:1 c PrincipalEngineers and C: eriogisis ................................................................................................................................ ............................... ........................ $206.00 SeniorEngineers and Geologists.. • ............................................................................................................................................. ............................... ........157.00 ProjF:cf Engineers rand Geologists ...................................................................................................................................... ............................... ........................141.00 StaffEngineers and Geologists .......................................................................................................................................... ................... ............ .........................125.00 EngineeringTechnicians ..................................................... .............. ................. • .- ...- . -..... ............ ......................... - --- .. .. ----...----- -------109.00 Draftsman.. .................................. ...... .......... ............ ---- . . .. ... ....... ....... ..------ .... . ...... .................... . ------------------------------------------------- 93.00 WordProce. ssor ................................................................................................................................................................................................ .... ....... .............. ...... .65.00 Clerical....... • .......................................................................... ................ ............... • -• ..-- .......... ------------------ ----- - -- -• - - -- - •---- ..-.- .- .. -• - -- -- •- -44 -GO OutsideServices.. ..................... ............ ........ ...... _ ....... ......... .....- .-.................--.... • ............ ........................................ .... Cos[ + 20 vehicle..................... ... ....... ................................................................................................... — .... .............................................................................................. 60S /mile Nuclear 1)ensity Gauge l two -Flour Minimum) . ... .................................... ..................... ................................................................... .------ ..............1:3.00 Seismograph(12 Chan nel) ................................... ....... .... ............. • ... - - - -- - -- - - - -- - -- ----- ..- .- . -.. - -- -- - -- - - - - - - -- - -- - - - - -- - -- ----------- - - - - -- - - -- - - - - -- -•- -• - - -- - - - -- - -. 409- 00r'day SlopeIndicator ........... .... ...... ... ... .. ...... ................................. ...... .. .... .....___ .......... ....................... .. ...... — ........... ................. ............................................... 289.00Iday Shoring..................................................................... .... .. .. ... ......... .... ...... • • • ..... . ....-- .....-- ......... • . • ............-- ...- -..... ..... 122.00 /day WaterPump.... _ .... __ .... __ .... - -- -- .. . • ........ - -... . • ..... • ........................ ..--................. ......................35dt0/day PiezorneterRead -Out Unif ................................................................................................................................................................. ............................... 174.O0 /rday Settlement Transducer Read -out ..... •.. .... ...-- ................................................................................................ ............................... 174.00 /day 0vertimework performed at the request of the Client or necessitated by Contractor working overtime will be billed at 1.5 times The hourly rates listed above- G. Remolded Specimens, Add, Per Point . .. ...........................SY Expert witness lestimanyldeposition min Irnurn r tic rges: $3,100/day, .$2.100 /ha If -day; preparation of applicable hourly rates. Project - related out -side costs including: Equiprneni rental, consultants, special fees, permits a insurance, meats and lodging and aher sirnilar items are billed accost -+- 20 %. In lieu of individually charging for: photo copies, federal express, facsimile, telephone and clerical ti me aflat fee of 2% of total labor will be charged. Copies of previously issued reports of up to 50 pages will be billed at $80.00 for the first copy, and $45.00 for each additional ropy- SpecIHr, quates for torger reports ano /or reports con toining drawi rig s larger than 8'rl X I I inches. Laboratory Tests (Unit- charge for Iaboralory testing including the normal laboratory work and report of results only. Unusual or time - consuming sample preparation or spec Iof tests are billed at hourly charge for the laboratory technician. Charges for testing which are not listedwilI be given upon request. Similarly, a reduction of the f Schedule rate can be givers for a large number of tests). Compaction Curves 5illilg A. 4-Inch Mold ............................ ............................... ............................290 R'.tfr est Classification Tests Atterberg Limits {PI & LL] .......... ............................... ...........................$258 SieveAnalysis .............................. ............................... ............................247 Percent Passing 0200 Sieve ................................... ............................... 67 Hydrometer Analysis .............................................. ............................... 150 SandEquivalent ..................................................... ............................... 129 Specific.Gravity ...................................................... ............................... 155 Bulk Specific Gravity .............................................. ............................... 134 Moisture Content/Unit Weight ................................ .............................36 Compaction Curves Bi'Ii Gtr; A. 4-Inch Mold ............................ ............................... ............................290 B, O,Inch Mold ............................. ............................... ............................340 C. Ca Impact (We t) .................. ............................... ............................247 U- Cal Impact (Dry) ................... ............................... ............................290 _ $ 103 E. 1 Point Verification ............................................. ............................... 105 [2ur.abIligc.Fsrg.tgI.. A. Fine ....................................................................... ............................... 119 B. Coarse .................................................................. ............................... 196 L.A. Rattler .................................... ............................... ............................247 63 R -Value Teas Not Regvirin9 Reproportionirig .............................. ............................340 Requiring Reproportioning ...... ............................... ............................381 Cernenl, Lime, Lather ................ ............................... ............................381 .. ..... .... ....272 Concrete Tests (including moisture content anti dry unit weight determinations) A. Compression felts (each specimen)....,. . ............................36 •-• ---.290 B. Trial Batch -. ......................................................................................... 990 A new Fee Schedule is issued at the beginning of each year. Unless other arrangements have been Grade, charges for all work• performed after December 31, 2016, (including projects initiated in the prior year) will he based on the new schedule of charges. A service charge of one percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid omaunt. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. Bi'Ii Gtr; Shrink /Swell Tests (including moisture content and dry unit weight determinations) A. Undisturbed. _ .... ____ .... ___ ... .... .... _ .... _ $ 103 B. Remolded ................................ ............................... ............................197 Strenaih_fests (including rnaisture content and dry unit weight determinations) Direct Shear, Per Point A. Undisturbed .............................................. .... ........................... 63 B. Remolded .................... ............................... ............................123 Iriaxial C:omeression, Per Point A. UnconsolidoIred, Undrained ................. .. ............................160 B. Unconsolidated, Undrained & Backsafuration .. ..... .... ....272 C. Consolidated. Undrained ....................... ............................293 D. Corisofidated, Undrained & B a c ksatu ra I-ed ...................369 E. Consolidated. Drained ----------------------------------- -------------- •-• ---.290 F. Pore Pressure Mmasurements .................... ... ....... ....... .......... .97 G. Remolded Specimens, Add, Per Point . .. ...........................SY Unconfined Compression ------ - - - - -- A. Undisturbed ........ ..... .... ..... ... ..... ..... .... .................. ..... .. .........103 B. Remolded................................................ ............................... 163 ConsolidoHan Tests {including moisture content and dry unit weight determinations! A. Undisturbed ................. ............................... ............................244 B. Remolded -- ------- ----•- • ••----- - ------ - ------- --•-- - ----- ---- 312 C. Time Compression Curve, Per Increment . ........................69 Aha1)ic Concrete. A. Maximum Density,____ .... ...... 186 B- Extraction ......................................... ........... ...... ....... .... ... ........165 C. Gradation ........... ........ ............................... ....,................,......247 A new Fee Schedule is issued at the beginning of each year. Unless other arrangements have been Grade, charges for all work• performed after December 31, 2016, (including projects initiated in the prior year) will he based on the new schedule of charges. A service charge of one percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid omaunt. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. CITY OF 4DUBLUN CON'A':RAC11' AMENDMENT N0.3 PROJECT: Fallon Sports Park . ..... :lfp.>> s. .111 PAGE, 1. 011:`1 To: Caarducci And AC;rll&il'ili IWIENJ DATED October -1, 24113 between. C and uecl and Assocta tes, Incorporated and the City of Dublin you am, hereby dir�-'-.ted to rnzike the heroin dcscriln -d cbungcs from file scope of services Car do the following desc.°rib d w{art: not included in the scojl : of scrvices tall this contract- NOTE, 'Phis char -g�_ order hi not Wective unt.itl as roved b the City _]i7{Aj4&•ax ________ Description cif,,work to he done, estimate of•quantitics, and prices to he paid. Se�rcgatc lx�wc�t n addztaona] Wand zit s;diiltras,:t Drib€:, asgr :c:di price and fa; sx,- account, Change requested d3 : City of Dublin Z. The City regvi fi teci that C;arducci and Associates, Incorporated provide additional services for Fallon Sports Park - -- Pliase. II w assist with construction adi inistration through project construction based on tlac sco pe cif work- dawd March 19, 2016 as further detailed in proposal attached hereto. In addition the term ofse:rvices on thy. AgTcu meta dated C1cvber l., 2013 shall he extended to December I, 2017 to cover the timeframe in widen. cowstruc i.on will OCIOU.r. COST INCREASE: $129,725.ilU S?: IRN11TTED BY. APPROVA1.. R- RC,O1`:tile9i NDED BY VP[ii VED 13'r Rosemary Akex 1.7aate: Gwy Huisingh Hate: Christopher L. Foss Date: Parks and Facilities Development. Coordinator Public Works Director City Manager .................................... ............................. .° . • We, the undemigned contractor, have giveai careful consideration to the change proposed and hereby agree, if this proposal is approvcd, that we wi11 provide all equipment, furnish all materials, except as may otherwise be noted abovey and perfom all services necessary for the work above specified, and will accept as full payment therefor the prices shown ahove. Acc ' ated, Mint - --------- Contractor: Carlucci and Associates, Ingo ponted. By ... ......................... ............................... ...Title: Principal .i�� 3if'.'..:h..: E ::....................................................................................................................... ............................... ....._....... If the Contractor does not sign aceeptancc of this order, his/her attention is directed to the requirements of the specifications as to pmv",ding with the oralered Work and tiding a Written pmtest Aviithin the time thcreiri sptcaifivcd. TrA II1II III,IIIT #5 March 16, 2016 C13 :.ivic:'"'1nza CA Siib cr: s1 ::r1 Sports € ark, Phasp 2 A{i ;i:ic,nal Services (Agreement -93 ;°I'I s ;c tar in ;-cisponse to the City of Dublin's Fequest. foF C -a° +_i l {x;; k ;ot-Jales °o t7rf ?'t °i[2r L -,d -: •'.1C; ?r:1 r0rvkes o11't11P Profeint: referenced shove. •l hP oPC,• of }1 .GS' GC'rv:ce •; -;iii be ':G ;.:mv' de C;i- mnructlo 1 administration as follows: 4:..- ni• :.- Istration may include revievmi[7 caritracto 's sul:v : - ;'. alw. Yi.'• ..:7r ?Yr :'iC :r' requ -est for infC3rmatior?, providing sL?pi, ?iF1Eilentai f;]��'??]i3 : ?! r7 and 'Men": tLJt :niy•�'i'Ji', (r�.5) pS "CS�.ji- E:'5.�.� Fl"1E:E :tfF1�)r; tsY 1rEY.�'.rV?31s i7i:bt :lr[7i'krE`�,f ?f: (: Y.11:•: S ?ii��?f: of ? :{ ^ i .i{ {. { }r7 2 d at "'o mpletic)n to dr:tomr,inP genPral co ntormity of i} c.. wn.—i °C °.;7a', r";.) and specififm`5ons, as applied to ec.ch arena 1 ride pendently as listed above. This is• no= % a fv -V-ne ur exhauv ?i` a inspocti n and the Landscape Architect sh.aN not be responsibk-, R)r Job mi:f -ty, construction methods or w work that has C1E•en f7egliyantly and ?r7r :rr c :tly ?r:si l;ed by the, contractor. :3, r�tLi:i?Cic3f] �`Es3i {11'v- CfJll�tr[�C"if63n r]iE:e'iIF]b,'j 5. to Re wile rte for lnformaTion 8eviw xmirac:tt,r's submittals. (1) Orm re.-submittal wit€ bo aif.,c tpt.Gd, Any further re- submittei :011 he reviewed and ch@rl ed as additional seF'uirr s. d- Provide supplCrrlu-ntal information and clarifications as rc :quiredl Attend movity- five (25) t.?F'f gregs rF-ee -f ngg during con:,,Yruc.tion f. Site (ills +3r'Iation and f'11,fE'?chlist prior to the C[ }Pgime,iicerY etit of lh {' {ir7tr ii 7f'i mallnu£3r7 nor period .t. Site fibse;rvativli and punchllst for acceptance of contractor's worl•. ']. F U. Itt i] r i :iTe visit,, if re q u P'VI.Fd, will b iii €€rid as ad.ditir n."I .aervice., ilr•,r oU1, ex,ntra ct dated O tob&jr 1, 20'13b '°hest s rvices mi!l }:f billed to you under our project number DUFa'i. 02 gJe; ar?cl conditions of our c.ontruct "1ith You dated. O(Aobr•;r 'l, 2.0,13, The fee f.lr thz� ,e ser l- -es °mill b� for a lurnp Burn price of $129,725.00 (ane hundred and 1-wamy nips thr,)usai;,u sr�v(-,,n h!IAn;ired and twenty five doIlars) without further awhorizat ?r3;?. � ��dJ�� _, e_ _. 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