HomeMy WebLinkAboutItem 4.6 - 1416 Contract Amendments for Fallon Sports Park
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STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Fallon Sports Park Phase II, Project No PK0414 - Contract Change Order
to Robert A. Bothman, Inc., Amendments to Agreements with Carducci
and Associates and with E. Majdalani Construction Management, Inc.
Prepared by: R. Alex, Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider approving a contract change order to Robert A. Bothman,
Inc., the contractor for Fallon Sports Park Phase II, CIP No. PK0414, to add
replacement of existing synthetic turf fields to the contract. The City Council will also
consider amending professional services agreements with Carducci and Associates and
E. Majdalani Construction Management, Inc. and approving a budget change to
increase project funding.
STAFF RECOMMENDATION:
Adopt the Resolutions:
1) Approving an Amendment to the Consulting Services Agreement with
Carducci and Associates Incorporated;
2) Approving an Amendment to the Consulting Services Agreement with E.
Majdalani Construction Management Inc.;
3) Approving Change Order No. 2 with Robert A. Bothman, Inc. for Fallon Sports
Park Phase II, Project No. PK0414;
and approve the budget change.
FINANCIAL IMPACT:
The proposed change order amounts to $304,750, to add the replacement of the
existing synthetic turf to the construction contract. A corresponding budget change is
also proposed to increase the Fallon Sports Park Phase II (CIP No. PK0414) project
budget using available funds in the Internal Services (Facilities Replacement) Fund.
The proposed amendments to the design contract and construction administration
contract are for $22,200 and $65,770, respectively. Suf ficient project funds are
available for the additional consultant services.
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DESCRIPTION:
Consultant Services Amendments
During the course of construction, the extensive wet weather along with some changes
to a few of the project elements has prompted the need for additional services for both
design and construction administration services.
Additional Design Services:
1) Design of bocce ball courts and lighting
2) Design of electric vehicle charging stations
3) Revisions to the design to accommodate public art and lighting for public art
4) Design of the crosswalk across Fallon Road
5) Additional site visits for consultant attendance at progress meetings
The scope of services provided by Carducci and Associates is f urther detailed in
Attachment 2. A summary of the design contract fee and proposed amendment is as
follows:
Carducci and Associates Design Services
Original Contract Amount $837,000
Previously Approved Amendments #1-3 $444,590
Proposed Amendment #4 $22,200
Amended Contract Amount $1,303,790
Additional Construction Management Services:
1) Extension of services from June through September 2017
2) Conduct weekly progress meetings and review monthly schedule updates
3) Visit construction site to monitor and document progress
4) Administer project documentation, communication and coordination
5) Negotiate change orders and review progress payments
The scope of services provided by E. Majdalani Construction Management is f urther
detailed in Attachment 4. A summary of the construction management contract fee and
proposed amendment is as follows:
E. Majdalani Construction Management
Original Contract Amount $297,200
Previously Approved Amendment #1 $14,000
Proposed Amendment #2 $65,770
Amended Contract Amount $376,970
Replacement of Synthetic Turfgrass at Phase I Soccer Field
The Fallon Sports Park - Phase I synthetic soccer field installation was completed in
July 2010 and the City executed the manufacturer’s eight-year limited warranty with
FieldTurf. In December 2016, six and half years into the eight-year limited warranty,
Maintenance Staff noticed excessive wear of the synthetic turf (see photo, Attachment
8). Based on a site visit by FieldTurf in January 2017, the synthetic turf was determined
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to be deteriorating from ultra-violet light spectrum exposure which was a manufacturer’s
product flaw.
Two options for early replacement of the synthetic turf were proposed as a remedy.
Option 1:
Install “FieldTurf XM6 Fiber,” a similar grade of synthetic turf to that which is currently
installed. The original warranty would remain in effect which sunsets in 18 months.
There would be no charge for the synthetic product under Option 1. However, laser
grading of the existing base grade would be required for both options at a cost of
$17,250, which includes contractor markup.
Option 2:
Upgrade the synthetic turf product to the same synthetic product being installed in
Phase II, “FieldTurf Revolution 360.” This type of turf is the latest “elite” monofilament
offering from the manufacturer and features optimal durability, resilience and feel. A
new eight-year warranty would be executed at the completion of the upgraded
replacement. The cost of the upgraded synthetic turf is $304,750 which includes the
laser grading and contractor markup. The City has been collecting funds in an Internal
Service Fund for turf replacement; sufficient balance is available to cover this cost.
Staff recommends Option 2 for following reasons:
1. The replacement cost of $304,750 is much less than the estimated
replacement costs of $750,000 that the City would be investing in the future.
2. The manufacturer (FieldTurf) is offering their premium turf, “FieldTurf
Revolution 360”, as an upgraded product.
3. The City will receive an eight-year warranty at the completion of the
replacement.
Executing either option as a change order to Phase II of Fallon Sports Park will
minimize disruption to existing users. Staff will work with the Contractor to sequence
the replacement of the existing fields after the new Phase II fields , currently under
construction, are completed and ready for public use. The proposed change order
(Attachment 6) reflects the Option 2.
If approved, this would be the second change order approved for the construction
contract. The first change order was approved in November 2016, and consisted of
additional field striping, temporary water diversion work, upgraded wood for a trellis, and
a credit for maintenance equipment. A summary of the construction contract and
proposed change order is as follows:
Robert A. Bothman, Inc.
Original Contract Amount $13,858,500.00
Previously Approved Amendment #1 $22,210.34
Proposed Change Order No. 2 Amount $304,750.00
Amended Contract Amount $14,185,460.34
Execution of Option 2 also requires City Council approva l of a budget change in the
amount of $304,750 to utilize funds collected in the Internal Service Fund.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to Robert A. Bothman, Inc., Carducci and
Associates, and E. Majdalani Construction Management.
ATTACHMENTS:
1. Resolution Approving an Amendment for Consulting Services Agreement with
Carducci and Associates
2. Exhibit A to Resolution - Amendment #4 to Agreement with Carducci and Associates
3. Resolution Approving an Amendment for Consulting Services Agreement with E.
Majdalani Construction Management
4. Exhibit A to Resolution - Amendment to Agreement with E. Majdalani Construction
Management
5. Resolution Approving the Change Order #2 with Robert A. Bothman
6. Exhibit A to Resolution - Change Order with Robert A. Bothman Inc.
7. Budget Change Form
8. Phase I Soccer Field Existing Conditions – Photo
9. Original Consulting Services Agreement with Carducci and Associates
10. Original Consulting Services Agreement with E. Majdalani Construction
Management
AT TACHMENT 1
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
CARDUCCI AND ASSOCIATES INCORPORATED
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 City awarded construction contract on April 5, 2016 to Robert A. Bothman
for the construction of Fallon Sports Park Phase II; and
WHEREAS, the City and the Consultant mutually desire to amend the Agreement to
increase Compensation by twenty-two thousand two hundred dollars ($22,200) to a total
Compensation sum not to exceed one million, three hundred and three thousand, seven hundred
and ninety dollars ($1,303,790) for additional design services during construction of Fallon Sports
Park Phase II; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby approve the Amendment to the Agreement with Carducci and Associates
Incorporated, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Amendment #4 to Consultant Services Agreement between May 2, 2017
City of Dublin and Carducci and Associates
EXHIBIT A
AMENDMENT #4 CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CARDUCCI AND ASSOCIATES INCORPORATED
THIS AMENDMENT shall modify the Agreement dated October 1, 2013 for consulting services
by and between the City of Dublin (“City”) and Carducci and Associates Incorporated
(“Consultant”). The date of Amendment #4 shall be May 2, 2017.
In order to accommodate additional services to be provided for the duration of Fallon Sports
Park Phase II the Agreement shall be modified as follows:
A) The first sentence of Section 2 (Amendment #3) shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $1,303,790 (one million, three hundred and three thousand, seven hundred and
ninety dollars even), notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred
under this Agreement.
B) Exhibit A – Scope of Services shall be revised to include additional services not to
exceed $22,200 as included in the total compensation in Section 2 and as shown in the
following proposal from Carducci and Associates dated March 27, 2017 and attached as
EXHIBIT A.1.
CITY OF DUBLIN CONSULTANT
Christopher L. Foss, City Manager William E. Fee, Principal
ATTACHMENT 2
555 BEACH STREET FOURTH FLOOR
SAN FRANCISCO CA 94133
415.674.0990 (t)
415.674.0999 (f)
March 27, 2017
Rosemary Alex
Facilities Development Coordinator
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject: Fallon Sports Park, Phase 2
Job Number: Dub13-02
Additional Services Agreement #4
Dear Rosemary:
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 services as follows:
A. Add two components to the current construction documents:
1. Install the bocce ball courts and lighting.
2. Install the level 2 electric vehicle charging stations so they are operational when the park
opens.
B. Revise the construction documents to include the Public Art, Heath Satow Sculpture – Elatus
that was approved by the City of Dublin as a deferred submittal.
C. Add four (4) site visits for progress meetings due to the extra month added to the project
schedule by addendum during the bid period and for the time extension needed to add the
bocce courts and charging stations to the project schedule.
D. Add construction documents for the pedestrian crosswalk at the intersection of Positano
Road and Fallon Road.
The cost for services for these four items is itemized as follows:
A. Bocce-ball court and EV charging stations $ 8,800.00
B. Public Art $ 7,400.00
C. Additional site visits for progress meetings $ 5,000.00
D. Pedestrian crosswalk $ 1,000.00
Total $22,200.00
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
Fallon Sports Park—Phase 2 March 27, 2017
Job Number: DUB13-02 Page 2
lump sum price of $22,200.00 (twenty-two thousand two hundred dollars) without further
authorization.
We request your written approval of this authorization for additional services by signing and
returning one copy of this letter for our files.
Sincerely yours,
CARDUCCI & ASSOCIATES, INC.
William E. Fee, ASLA, AICP
LA No. 2537
Attachment: Spreadsheet showing estimated hours
CITY OF DUBLIN
Accepted by: ___________________________
Title: __________________________________
Date: __________________________________
March
27,
2017
Total Electrical
Eng Civil
Carducci Sr
Assoc
($150/hr).Prinicipal
($185/hr)Assoc
($125/hr)Total
Bocce-‐ball
court
and
EV
charging
Stations
$8,800 $2,600 $200.00 $6,000 40 $8,800
Public
Art $7,400 $1,800 $200.00 $5,400 36 $7,400
Additional
Site
Visits
for
progress
meetings $5,000 $5,000 27
Hrs $5,000
Pedestriam
crosswalk $1,000 $700.00 $300 1
Hrs 1
Hrs $1,000
TOTAL $22,200 $22,200
ATTACHMENT 3
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH E.
MAJDALANI CONSTRUCTION MANAGEMENT INCORPORATED
WHEREAS, the City of Dublin (“City”) entered into an Agreement with E. Majdalani
Construction Management Incorporated (“Consultant”) on December 2, 2015 to perform
consultant services to complete construction management for Fallon Sports Park Phase II; and
WHEREAS, the City awarded construction contract on April 5, 2016 to Robert A. Bothman
for the construction of Fallon Sports Park Phase II; and
WHEREAS, the City and the Consultant mutually desire to amend the Agreement to
increase Compensation by sixty-five thousand, seven hundred seventy dollars ($65,770) to a total
Compensation sum not to exceed three hundred seventy-six thousand, nine hundred seventy
dollars ($376,970) for additional construction management services during construction of Fallon
Sports Park Phase II; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
approve the Amendment to the Agreement with E. Majdalani Construction Management
Incorporated, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Amendment #2 to Consultant Services Agreement between May 2, 2017
City of Dublin and E. Majdalani Construction Management Inc.
EXHIBIT A
AMENDMENT #2 CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND E. MAJDALANI CONSTRUCTION MANAGEMENT INC.
THIS AMENDMENT shall modify the Agreement dated December 2, 2015 for consulting
services by and between the City of Dublin (“City”) and E. Majdalani Construction Management
Inc. (“Consultant”). The date of Amendment #2 shall be May 2, 2017.
In order to accommodate additional services to be provided for the duration of Fallon Sports
Park Phase II the Agreement shall be modified as follows:
A) The first sentence of Section 2 (Amendment #1) shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $376,970 (three hundred and seventy-six thousand nine-hundred and seventy
dollars even), notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred
under this Agreement.
B) Exhibit A – Scope of Services shall be revised to include additional services not to
exceed $65,770 as included in the total compensation in Section 2 and as shown in the
following proposal from E. Majdalani Construction Management dated April 6, 2017 and
attached as EXHIBIT A.2.
CITY OF DUBLIN CONSULTANT
Christopher L. Foss, City Manager Elia Majdalani, Principal-In-Charge
ATTACHMENT 4
E. MAJDALANI CONSTRUCTION MANAGEMENT, INC.
11 Embarcadero W, Suite 210, Oakland, CA 94607 T 510-986-1224 F 510-763-8616 EMCM
April 06, 2017
Mr. Lorin Jensen
Parks Project Manager
City of Dublin, City Hall
100 Civic Plaza
Dublin, CA 94568
Re: Contract Amendment No. 2 Fee Proposal for Fallon Sports Park Phase II
Dear Mr. Jensen:
Thank you for requesting EMCM to extend its services to continue providing
construction management services for Fallon Sports Park Phase II project.
Attached is a Scope of Work and a Fee Proposal for the duration from June 2017 to
September 2017. Please let me know if you have any questions.
Sincerely,
E. Majdalani Construction Management, Inc.
Elia Majdalani
Principal-In-Charge
Construction Management Services Proposal | Page 1
EMCM
CITY OF DUBLIN
FALLON SPORTS PARK PHASE II
SCOPE OF SERVICES
EMCM will continue to provide Construction Management Services to the City of Dublin throughout the remainder of
construction and post construction of Fallon Sports Park Phase II. Our strategy is not to take over the City’s program;
but rather to be an extension of the City’s program. Substantial completion is anticipated to be by end of August 2017
and punch list / walk-thru will performed during September 2017. Our proposed construction management tasks for
Fallon Sports Park Phase II will be per the following:
A. Construction Phase Services:
EMCM will:
provide contract administration as a representative of the City;
work closely with City Project Manager, City staff, Landscape Architect, and general contractor;
conduct daily visits to the construction site; record and provide daily construction reports detailing field
conditions, observations, contractor/subcontractor crew size and active equipment and progress of work;
monitor, review and evaluate contractor’s monthly construction progress schedule and issue comments and
recommendations;
oversee the general contractor’s and subcontractors’ scope of work and ensure proper site supervision and
coordination;
conduct weekly job site progress coordination meetings with the City’s representatives, design consultant,
general contractor and other concerned parties; Prepare meeting agendas and record project meeting minutes;
and
review and furnish recommendations with respect to contract correspondence and directives to secure City’s
interests.
EMCM will:
observe construction in place and report any deviations that do not comply with the construction documents;
review construction progress with the contractor, observe completed work and confirm that on site materials
are properly stored; and
evaluate the percent completion of each construction activity as indicated in the construction schedule.
Although neither inspection nor testing services are included in EMCM’s services, we will coordinate inspections
at the appropriate time and assist with providing any information to the City Departments as required. We will
also coordinate with the City’s Inspectors performing code compliance and permit sign off inspections, and
coordinate and manage the City’s consultants for special inspections and testing (i.e. concrete, steel, anchors, soils
compaction, etc.), keeping record of all daily inspection logs and construction reports. Whenever any work is
unsatisfactory, faulty or does not conform to the contract documents, the Construction Manager will review the
non-compliant work with the design team and the City Project Manager, and will advise the contractor when the
work should be corrected or has been rejected, or should be uncovered for observation, or requires special testing
or inspection.
EMCM will coordinate construction efforts with Carducci and Associates and the contractor, and provide liaison
to the City’s Project Manager. We will provide on-site coordination to assure that the project meets the plans and
specifications and stays on schedule. We will also review and evaluate the contractor’s progress schedule line-by-
line for its reasonableness, conformance, comprehensiveness and attainability, and make recommendations for
acceptance or changes. During the weekly construction progress meetings with the contractor, EMCM will
review the contractor’s short–term progress and “3-week look-ahead” schedules and the impact of work changes.
EMCM will also analyze schedule “work-arounds” to bring the project back on schedule when adversely
impacted by changes and delays. Critical areas will be identified to confirm that parties, flagged on the critical
path, have been made aware of their responsibility to meet important schedule dates. We will ensure that the City
is continually aware of all schedule and cost implications.
Construction Management Services Proposal | Page 2
EMCM
CITY OF DUBLIN
FALLON SPORTS PARK PHASE II
EMCM will log, file and track all project submittals, RFIs, potential change order requests, and approved change
orders.
EMCM has developed over the years thorough procedures to manage and evaluate change orders, whether owner
or contractor initiated. In order to avoid requests for delays, RFIs will be processed immediately once initiated by
the contractor. We will log all requests and act as the liaison between the contractor and Carducci and Associates
Landscape Architects. The Landscape Architect may be asked to clarify the contract documents and provide field
instructions and sketches when necessary. EMCM will keep the City informed of potential changes and make
recommendations regarding any proposed changes. All change order requests, field orders, and other submittals
will be logged and reported on a weekly basis. Key information, such as costs associated with each document and
potential time delays will be recorded with the document’s general description and status. We will immediately
analyze the contractor’s time delay claims and change order proposals. The Construction Manager is well versed
in reviewing plans, specifications, contractual requirements and pricing criteria for the purpose of evaluating
change orders. We will evaluate time and cost impacts, reconcile contractor’s cost proposals with EMCM’s
estimates, negotiate, and make recommendations to the City for approval. Our goals have always been to
successfully aim for fairness and reasonableness and to gain substantial cost savings for the Client.
EMCM will review and recommend approval of contractor’s monthly payment requests. We will verify work in
place against the schedule of values provided by the contractor. We will also coordinate and expedite functions
connected with the contractor’s obligation to document as-built changes.
EMCM will coordinate and schedule the required training sessions for the City Maintenance and Operation
personnel as required by the contract specifications.
B. Post-Construction Phase Services:
EMCM will assist the Landscape Architect in the walk-thru and punch list. All inspection reports will be
reviewed to assure there are no outstanding issues of noncompliance. In conjunction with the Landscape
Architect, we will assist in determining the remaining work necessary for “substantial completion” and notify the
contractor of any deficiencies and coordinate any required corrections. We will make recommendations for final
acceptance and payment.
ESTIMATED LEVEL OF EFFORT
The estimated level of effort and corresponding hours by each discipline and personnel for each task are detailed in
the attached fee proposal spreadsheet.
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EMCM Construction Management Services Amendment No. 2 Proposal
ATTACHMENT 5
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING CHANGE ORDER NO. 2 WITH ROBERT A. BOTHMAN, INC. FOR FALLON
SPORTS PARK PHASE II, PROJECT NO. PK0414
WHEREAS, the City awarded construction contract on April 5, 2016 to Robert A. Bothman
for the construction of Fallon Sports Park Phase II; and
WHEREAS, the City of Dublin seeks the replacement of synthetic turf for the existing
soccer fields at Fallon Sports Park Phase I; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
approves Change Order No. 2 with Robert A. Bothman in the amount of $304,750, attached
hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute Change
Order No.2.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
CITY OF DUBLIN ♣ 100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 ♣ (925) 833-6630 ♣ (925) 829-9248 FAX
Page 1 of 2
Exhibit A
CONTRACT CHANGE ORDER
Date: April 14, 2017
To: Robert A. Bothman, Inc. AGREEMENT DATED: April 5, 2016
2690 Scott Blvd.
Santa Clara, CA 95050
Attn: Mr. James C. Moore, Vice President
Project Name: Fallon Sports Park – Phase II Project No. PK0414
Contract Change Order No. 2 Council Approved: Yes
PO No. 16-00206 RFI No. XX RFQ No.
Contractor’s CP No. OPR/CCD No.
You are hereby authorized to proceed with the following work in connection with the subject project to
furnish all labor and material to complete work described by cost items listed on this Change Order. This
change order is not effective until approved by the City.
CI No. Description Amount
1
2
3
4
5
6
Warranty/Upgrade – Phase 1 Soccer Fields Synthetic Turf
Laser Grade (Fine Grading) of existing base
$287,500.00
$17,250.00
Total Amount of this Change Order: $304,750.00
Original Contract Amount: $13,858,500.00
Change by Previous Change Order(s): $ 22,210.34
Contract Price Prior to this Change Order: $13,880,710.34
Current Change Order Amount: $ 304,750.00
New Contract Amount including This Change Order: $14,185,460.34
INCREASE IN CONTRACT TIME: 00 days
ATTACHMENT 6
Page 2 of 2
Upon execution by representatives authorized to bind the parties, this Change Order will become a part of
the contract. The consideration specified in this Change Order (whether an adjustment of the contract
price, an adjustment of time, and/or other consideration) is the full and sole compensation owed to the
contractor as a result of the changes and issues described in this Change Order. Such consideration
includes, but is not limited to, any and all direct and indirect costs incurred by the contractor as a result of
the changes and issues described in this Change Order for any labor, equipment, materials, overhead
(additional, extended, field and home office), profit, or time adjustments. By signing this Change Order
the contractor waives and releases the owner from any and all claims for additional compensation
concerning any of the changes and issues specified in this Change Order.
The undersigned, being the Mr. James C. Moore (Vice President) of the Contractor, by signing this
Changer Order declares under penalty of perjury under the laws of the State of California, and does
personally certify and attest that: the undersigned has thoroughly reviewed the attached request for
change order and knows its contents, and said request for change order is made in good faith; that it is
supported by truthful and accurate data; that the amount requested and the additional time requested
accurately reflect the allowable expenses that would be incurred, and the time necessary, to perform the
change order; and further, that the undersigned is familiar with California Penal Code Section 72 and
California Government Code Section 12650 et seq., pertaining to false claims, and further knows and
understands that the submission or certification of a false claim may lead to fines, imprisonment, or other
severe legal consequences.
Accepted By: Date:
Contractor
Print Name
City Project
Manager:
initial
City Approval: Date:
Name
Department Head
Date:
Christopher L. Foss
City Manager
FieldTurf – 7445 Côte-de-Liesse Road Suite 200, Montreal, QC, H4T 1G2
Tel 1-800-724-2969 - Fax (514) 340-9374
www.fieldturf.com
Via email: Ljensen@pcgengr.com January 31st, 2017.
Lorin Jensen, PE - Parks Project Manager
City of Dublin
100 Civic Plaza, Dublin, CA 94568
(925) 833.6655 Cell: (925) 784.8286
RE: SYNTHETIC FIELD REPLACEMENT AT THE CITY OF DUBLIN – FALLON SPORTS
______________________________________________________________________________________
Dear Lorin Jensen,
In accordance with the warranty issued at time of original purchase, FieldTurf is offering the following
upgrade option for early replacement:
FieldTurf XM6 Fiber:
2.5 inch, 36 oz face weight, 3- layer 9.2 lb in-fill system, porous finger coated backing; It is
manufactured by FieldTurf, not a third party supplier.
Re use of some of the current field infill in the new field mid-layer.
Original warranty remains in effect, and will not reset from the date of replacement.
Field layout to include same markings and logos
No Charge
Laser Grade Existing Base if required: $ 15,000.00
Special Upgrade Offers:
1. FieldTurf Revolution 360 – 2.5”
FieldTurf Revolution 360 is the latest “elite” monofilament offering from FieldTurf. Named after
the concept of completeness, the Revolution 360 fiber features optimal durability, resilience and
feel. The first complete fiber. It is manufactured by FieldTurf, not a third party supplier.
Upgrade: $250,000.00
Laser Grade Existing Base if required: $ 15,000.00
Upgrade options include:
Re use of some of the current field infill in the new field mid -layer
A new 8 year warranty will be in effect at completion of replacement.
Field layout to include markings and logos
Minor base repairs to existing base– import up to 50 ton of manufactured sand if required
for minor base repairs.
FieldTurf – 7445 Côte-de-Liesse Road Suite 200, Montreal, QC, H4T 1G2
Tel 1-800-724-2969 - Fax (514) 340-9374
www.fieldturf.com
Price Does Not Include:
a) FieldTurf is not altering or improving the existing operating drainage base under the existing turf limits.
No removal of aggregate is included. Any ponding, flooding or undulations within the existing base will
remain the responsibility of the owner.
b) On occasion the existing 'header board' attached to the curb around the perimeter of the field needs to
be replaced. We will inspect once the existing field is removed and offer pricing to do this if necessary.
**To be eligible for infill reuse, FieldTurf will follow the steps below to assure quality and performances
are met. If the infill passes all our internal testing, the option of infill reuse is plausible. If the infill doesn’t
meet the test, additional cost will apply.
1) Collection: The first step is to collect some of the infill from the field. Our skilled collection team
will remove infill from ~3 square feet using our infill extraction protocol and measure infill depths
in several locations;
2) Diagnosis: The collected infill materials will be sent to our Innovation and Performance Center to
be analyzed. The testing protocol includes key considerations for the following categories:
3) Cleanliness
- Unwanted material
4) Shock Attenuation / Gmax
- % Fines
- Infill Mix
5) Ability to re-install
- Moisture Level
FieldTurf requires a minimum of 21 days upon final shop drawing approvals to manufacture; coordinate
delivery and schedule arrival of installation crew.
We would require a 4 week window (subject to weather and force majeure) to complete the
removal/recycle/disposal of existing product, confirm sub -base planarity and re-install the field. Please
also note that some of the infill material used on the replacement field will be re-used from your present
field. FieldTurf will supply any additional infill that will be required. This will allow for a minimum addition
to any landfill site in the area and is in conformance with FieldTurf’s Green initiative on recycling.
The City of Dublin will receive field layouts showing the dimensions and the markings for th e new surface
for review; before manufacturing the new surface we will need written confirmation of the product
option selected and that the field dimensions, markings and colors are satisfactory and approved for
production. A formal sales agreement detailing your selection will be forwarded for execution and upon
return receipt, production and installation will be scheduled at an agreed upon time frame. A Purchase
Order is also acceptable.
FieldTurf – 7445 Côte-de-Liesse Road Suite 200, Montreal, QC, H4T 1G2
Tel 1-800-724-2969 - Fax (514) 340-9374
www.fieldturf.com
FieldTurf appreciates your patience and we look forward to our continued business relationship with the
City of Dublin. If we can provide any additional information, don’t hesitate to contact Andrew Rowley or
myself directly. We appreciate your business.
Please note this offer is valid for 60 days.
Sincerely,
Martin Olinger
Senior Vice-President Sales
FieldTurf USA, Inc.
c.c.: Julie Paquin, Director of Customer Service - FieldTurf Inc.
Dino Di Maulo, Project Coordinator – Customer Service - FieldTurf Inc.
Andrew Rowley, Regional Vice President, FieldTurf USA Inc.
Budget Change Reference #:
From Un-Appropriated ReservesXBudget Transfer Between Funds
From Designated Reserves Other
Account AmountAccountAmount
PK0414.9400.9401 - Improvements$304,750
3500.9501.49999 (Transfers In)$304,750
PK0216.6205 (6205.9501.89101) - ISF
Replacement Fund (Facilities) - Transfers Out$304,750
5/2/2017
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Replacement of synthetic turf grass at Fallon Sports Park - Phase I Soccer Field
REASON FOR BUDGET CHANGE
FISCAL YEAR 2016-17
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNTINCREASE BUDGET AMOUNT
EXP: ISF Replacement Fund - Facilities - Fallon Sports Park
Phase II - Improvements
City Council's Approval Required
ATTACHMENT 7
)
)3KDVH,6RFFHU)LHOGV'HFHPEHU
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
E. MAJDALANI CONSTRUCTION MANAGEMENT INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ('City ") and
E. Majdalani Construction Management, Inc. ("Consultant") as of December 2, 2015.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2016, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first -class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2 COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $297,200
(two hundred ninety -seven thousand and two hundred dollars even) , notwithstanding any contrary
indications that may be contained in Consultant's proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified
L;onsuiang Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 1 of 14
herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information;
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
■ At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
■ The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
■ The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 2 of 14
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a property
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
Classification
Houriv Rate
Construction Manager
$140
Senior Scheduler
$167
Senior Estimator
$138
Estimator
$105
Project Administrator
$70
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed six hundred and forty -two even ($ 642). Expenses not listed below are not
chargeable to City. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
Postage at cost plus 10%
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein,
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 3 of 14
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultants bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Com ensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self- insurance program to meet those requirements, but only if
the program of self - insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self- insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 4 of 14
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001. Automobile coverage shall be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 Code 1 ( "any auto ").
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
The insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
C. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self- insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 5 of 14
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self - insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptabilily of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 6 of 14
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self- Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self- insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self - insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self - insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 7 of 14
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof, and /or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forlh in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" as defined in
California Civil Code section 2783, as amended from time to time, such duty to indemnify shall not apply
when to do so would be prohibited by California Code section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 8 of 14
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and /or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS,
7.1 Governing Law. The laws of the State of California shall govem 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.
7.3 Other Governments! Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Eaual Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 9 of 14
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant. In the event of termination, Consultant shall be entitled to
compensation for services performed to the effective date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials
provided to Consultant or prepared by or for Consultant or the City in connection with this
Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator,
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 10 of 14
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 11 of 14
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attomeys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 12 of 14
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 etseq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
( "Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
E. Majdalani Construction Management, Inc.
ATTN: Elia Majdalani, Principle-In-Charge
11 Embarcadero West, Suite 210
Oakland, CA 94607
Any written notice to City shall be sent to:
City of Dublin
ATTN: Christopher L. Foss, City Manager
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp /seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 13 of 14
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A. represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF D BLIN
nstop er L. Foss, Ci Ma er
Attest:
Caroline Soto, City Clerk/Records Manager
Approved as to Form:
J� Bakker, City Attorney
CONSULTANT
it
Elia Majdalani, Prin 'pal -In- Charge
Consulting Services Agreement between December 2, 2015
City of Dublin and E. Majdalani Construction Management, Inc. Page 14 of 14
CITY OF DUBLIN
FALLON SPORTS PARK PHASE II
SCOPE OF SERVICES
EMCM will provide Construction Management Services to the City of Dublin throughout the construction of Fallon
Sports Park Phase U. Our strategy is not to take over the City's program; but rather to be an extension of the City's
program. As we understand, subsequent to the completion of the construction documents by the City's Consultant,
Carducci and Associates Landscape Architects, and approval of the drawings from all jurisdictions in early January
2015, the City will release the construction documents for bid with the anticipation that award of construction contract
will occur in March 2015. Construction is anticipated to begin in April 2015 and conclude in a twelve month period.
Our proposed construction management tasks for Fallon Sports Park Phase II will be per the following:
A. Pre -Bid Phase Services:
• EMCM will:
• review the 100% Construction Documents, provide constructability review to determine their adequacy and
completeness for both bidding and construction of the project and make recommendations to the City Staff
between December 3, 2014 and December 17, 2014;
• meet with City Staff and Carducci and Associates Landscape Architects to discuss the constructability review
comments on or about December 19, 2014;
• review the construction documents a second time and perform back - checks to ensure constructability review
comments have been incorporated in the plans and specifications;
• review the Landscape Architect's cost estimate and provide comments; detailed independent engineer's
estimate and quantity take -off efforts are not included in the fee proposal, however, should the City desire
such effort, they can be added as directed for an extra fee; and
• attend a pre-bid site meeting in February 2015; City Staff will coordinate and facilitate pre -bid meeting and
will handle all aspects of bidding and award of construction contract.
B. Pre- Construction Phase Services:
• EMCM will coordinate the pre - construction meeting sometime in late March or early April 2015.
EMCM will prepare a preconstruction meeting agenda and sign -in sheet, coordinate and invite all project
participants to attend, and conduct the project pre- construction meeting. City Staff will prepare the meeting
minutes.
EMCM will review the following during the pre- construction meeting:
• project construction documents and identify project elements;
• permit and inspection requirements;
• important project milestones;
• project administration procedures;
• insurances and bonds; and
• project issues.
C. Construction Phase Services:
• EMCM will:
• provide contract administration as a representative of the City;
• work closely with City Project Manager, City staff, Landscape Architect, and general contractor;
• conduct daily visits to the construction site; record and provide daily construction reports detailing field
conditions, observations, contractor /subcontractor crew size and active equipment and progress of work;
• monitor, review and evaluate contractor's monthly construction progress schedule and issue comments and
recommendations;
• oversee the general contractor's and subcontractors' scope of work and ensure proper site supervision and
coordination;
Construction Management Services Proposal I Page 1
CITY OF DUBLIN
FALLON SPORTS PARK PHASE II
• conduct weekly job site progress coordination meetings with the City's representatives, design consultant,
general contractor and other concerned parties; City Staff will prepare meeting agendas and record project
meeting minutes; and
• review and furnish recommendations with respect to contract correspondence and directives to secure City's
interests.
• EMCM will:
observe construction in place and report any deviations that do not comply with the construction documents;
■ review construction progress with the contractor, observe completed work and confirm that on site materials
are properly stored; and
■ evaluate the percent completion of each construction activity as indicated in the construction schedule.
Although neither inspection nor testing services are included in EMCM's services, we will coordinate inspections
at the appropriate time and assist with providing any information to the City Departments as required. We will
also coordinate with the City's Inspectors performing code compliance and permit sign off inspections, and
coordinate and manage the City's consultants for special inspections and testing (Le, concrete, steel, anchors, soils
compaction, etc.), keeping record of all daily inspection logs and construction reports. Whenever any work is
unsatisfactory, faulty or does not conform to the contract documents, the Construction Manager will review the
non - compliant work with the design team and the City Project Manager, and will advise the contractor when the
work should be corrected or has been rejected, or should be uncovered for observation, or requires special testing
or inspection.
EMCM will coordinate construction efforts with Carducci and Associates and the contractor, and provide liaison
to the City's Project Manager. We will provide on -site coordination to assure that the project meets the plans and
specifications and stays on schedule. We will also review and evaluate the contractor's baseline schedule line -by-
line for its reasonableness, conformance, comprehensiveness and attainability, and make recommendations for
acceptance or changes. During the weekly construction progress meetings with the contractor, EMCM will
review the contractor's short—term progress and "3 -week look- ahead" schedules and the impact of work changes.
EMCM will also analyze schedule "work - arounds" to bring the project back on schedule when adversely
impacted by changes and delays. Critical areas will be identified to confirm that parties, flagged on the critical
path, have been made aware of their responsibility to meet important schedule dates. We will ensure that the City
is continually aware of all schedule and cost implications.
EMCM will establish and implement procedures and develop a computerized system for logging, filing and
tracking of all project submittals, RFIs, potential change order requests, approved change orders, payment
requests and project accounting and cost reporting system. EMCM will utilize similar procedures and logs
previously applied to Emerald Glen Park Phase III, Devany Square, Fallon Sports Park Phase I, Possitano Hills
Park and Passatempo Park
• EMCM has developed over the years thorough procedures to manage and evaluate change orders, whether owner
or contractor initiated. In order to avoid requests for delays, RFIs will be processed immediately once initiated by
the contractor. We will log all requests and act as the liaison between the contractor and Carducci and Associates
Landscape Architects. The Landscape Architect may be asked to clarify the contract documents and provide field
instructions and sketches when necessary. EMCM will keep the City informed of potential changes and make
recommendations regarding any proposed changes. All change order requests, field orders, and other submittals
will be logged and reported on a weekly basis. Key information, such as costs associated with each document and
potential time delays will be recorded with the document's general description and status. We will immediately
analyze the contractor's time delay claims and change order proposals. The Construction Manager is well versed
in reviewing plans, specifications, contractual requirements and pricing criteria for the purpose of evaluating
change orders. We will evaluate time and cost impacts, reconcile contractor's cost proposals with EMCM's
estimates, negotiate, and make recommendations to the City for approval. Our goals have always been to
successfully aim for fairness and reasonableness and to gain substantial cost savings for the Client.
Construction Management Services Proposal I Page 2
CITY OF DUBLIN
FALLON SPORTS PARK PHASE 11
• EMCM wiH review and recommend approval of contractor's monthly payment requests. We will verify work in
place against the schedule of values provided by the contractor at the beginning of the project. We will also
coordinate and expedite functions connected with the contractor's obligation to document as -built changes on a
monthly basis.
• EMCM will coordinate and schedule the required training sessions for the City Maintenance and Operation
personnel as required by the contract specifications.
• EMCM will assist in preparing and monitoring punch list items. All inspection reports will be reviewed to assure
there are no outstanding issues of noncompliance. We will also coordinate all final sign -offs to verify correction
of non - compliant items and that all contract general conditions are satisfied. In conjunction with the Landscape
Architect, we will make a determination of the remaining work necessary for "substantial completion" and notify
the contractor of any deficiencies and coordinate any required corrections. We will make recommendations for
final acceptance and payment.
D. Post- Construction Phase Services:
• EMCM will develop project closeout procedures including verification and coordination that all equipment
installation certifications, warranties, performance and maintenance bonds, operation and maintenance manuals,
as -built documents, lien releases and waivers, acceptances of final payment, release of retention and other
closeout reports and documentation, are properly executed, tendered and included in the project files. All project
files including contractor's completed as-built drawings will be provided to the City.
ESTIMATED LEVEL OF EFFORT
The estimated level of effort and corresponding hours by each discipline and personnel for each task are detailed in
the following fee proposal spreadsheet.
Construction Management Services Proposal I Page 3
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