HomeMy WebLinkAboutPW Pickleweed Park Synthetic Field Design ServicesCITY OF
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Agenda Item No: 6
Meeting Date: January 4, 2010
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: a+ � y Manager Approval:
Director of Public Works
File No.: 06.07.11
SUBJECT: Resolution authorizing the Director of Public Works to execute a Professional
Services Agreement with Carducci and Associates, Inc. for design, preparation of final plans,
specifications and estimate in the amount of $78,525.00, and any additional service on a time and
material basis, as required, not to exceed $21,475.00 for `Pickleweed Park Synthetic Field
Design' project.
RECOMMENDATION: Adopt resolution.
BACKGROUND:
The `Pickleweed Park Synthetic Field Design' project is for installation of all-weather synthetic turf
soccer fields at Pickleweed Park. The park is located at Pickleweed Community Center in
Canal neighborhood.
The park provides a playing surface that is used primarily for playing soccer as well as a multitude of
community sports activities throughout the year including youth baseball, softball and sports camps. In
the past, the park and its playing field have been used for many years for public and recreational purposes.
It is the only park in this area where these types of outdoor activities can take place. The Pickleweed
Community Center uses the field for classes, recess and other events and recreational purposes. Since its
renovation in 2001, the use of the field has been so excessive that sections of turf are continually being
worn to bare ground requiring annual renovations. These annual renovations cost the City between forty
to sixty thousand dollars ($40,000-$60,000) every year and restrict access to the playing field for much of
the summer. Additionally more staff time has to be allocated for routine field maintenance compared to
other fields in the City due to the condition of the field.
This project will replace the natural turf playing field with two (2) new synthetic turf soccer fields while
maintaining a portion of the surrounding area with natural turf. The project will also involve designing
proper drainage and irrigation systems to support the natural and synthetic surfaces. In the portion of the
site that remains natural turf, the City will consider conversion of the existing Bermuda grass turf to a
cool season rhizomatous fescue turf.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The design phase of the project will require development of preliminary design concepts, and preparation
of final (100%) plans, specifications and estimates, i.e. the complete PS&E package, for construction
from the selected design consulting team.
The City will apply for Proposition 84 grant funding for construction phase of this project in early 2010.
ANALYSIS:
California Government Code Section 4926 requires that the selection of Engineers, Architects and
Landscape Architects for design professional services be based only on qualification and not on proposed
fee. The Code also states that the fee be negotiated with the most qualified firm.
Staff distributed a request for proposal in October of 2009 among six (6) pre -qualified Landscape
Architects. Staff conducted a mandatory pre -proposal field meeting to discuss the project requirements
and also to answer the consultants' questions. The Directors of Public Works and Community Services
departments and other key staff members were present at the meeting. The consulting teams submitted
their proposals in November of 2009. The Directors and other staff members reviewed the proposals.
The City used a pre -established scoring system to score the proposals. The scoring criteria included
attributes such as understanding of the work to be done, previous experience of similar projects, etc. The
City also requested other public agencies (Marin Municipal Water District and the City of Larkspur) to
review and score the proposals for an objective and unbiased selection process. The average score was
used to rank the consulting teams. The highest scoring consulting team is Carducci and Associates, Inc.
After ranking the firms, the envelopes containing the fee proposals from the consultants were opened for
the first time. Carducci and Associates, Inc. submitted the lowest fee among the fee proposals received
from all other consultants.
The Director of Public Works adjusted the fee by deducting the requested fee for bidding
assistance/addenda and construction administration tasks. These tasks will be paid for on a time and
material basis and will be determined and controlled by staff.
Staff recommends Carducci and Associates, Inc. for design professional services for this project for
design and preparation of final (100%) plans, specifications and estimate for an adjusted design fee of
$78,525.00 and any additional service on a time and material basis, as required, not to exceed $21,475.00.
FISCAL IMPACT:
Category -Eden Expense Code
Amount
Note(s)
Design -01
$78,525.00
Design fee for Carducci & Associates, Inc.
Construction -02
Construction Management -03
$21,475.00
Additional services fee on a time and material
basis determined and controlled by staff
Land Acquisition -04
Site Testing -05
Furniture and Equipment -06
Supplies and Services -07
Personnel -08
Construction Inspection -99
Total Projected Cost
$100,000.00
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The City of San Rafael has an already approved budget for selected capital improvement projects for
2009-2010. The list identified this project and allocated $100,000 for its design phase.
Fee for consultant's design services is $78,525.00. Therefore, fee for any additional services shall be
determined and controlled by staff and shall not exceed $21,475.00. No additional funding allocation is
required for design phase of the project.
Source
Amount
Note(s)
2009-2010 Capital Improvement project
approved funding source
$100,000.00
Total budget allocated for design phase of the
project.
Total Available Funds
$100,000.00
OPTIONS: The Council may choose to not authorize the Director of Public Works the authority to enter
into a Professional Services Agreement with Carducci & Associates, Inc., which will result in the project
being cancelled.
ACTION REQUIRED: Adopt the resolution authorizing the Director of Public Works to enter into a
Professional Services Agreement with Carducci & Associates, Inc. for design, preparation of final plans,
specifications and estimate in the amount of $78,525.00, and any additional service on a time and material
basis, as required, not to exceed $21,475.00 for `Pickleweed Park Synthetic Field Design' project.
Enclosures
1. Resolution
2. Draft Professional Services Agreement
RESOLUTION NO.
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CARDUCCI
AND ASSOCIATES, INC. FOR DESIGN, PREPARATION OF FINAL PLANS,
SPECIFICATIONS AND ESTIMATE IN THE AMOUNT OF $78,525.00, AND
ANY ADDITIONAL SERVICE ON A TIME AND MATERIAL BASIS, AS
REQUIRED, NOT TO EXCEED $21,475.00 FOR `PICKLEWEED PARK
SYNTHETIC FIELD DESIGN' PROJECT
WHEREAS, the `Pickleweed Park Synthetic Field Design' project is for
installation of all-weather synthetic turf soccer fields at Pickleweed Park; and
WHEREAS, the project will also involve designing proper drainage and
irrigation systems to support the natural and synthetic surfaces; in the portion of the site
that remains natural turf, the project may convert the existing Bermuda grass turf to a cool
season rhizomatous fescue turf, and
WHEREAS, the City will apply for Proposition 84 grant funding for
construction phase of this project in early 2010; and
WHEREAS, the City staff found that design services from qualified
consultant will be required for this project; and
WHEREAS, the design phase of the project will require development of
preliminary design concepts, and preparation of final plans, specifications and estimates
(complete PS&E package) for construction from the selected design consulting team; and
WHEREAS, California Government Code Section 4926 requires that the
selection of Engineers, Architects and Landscape Architects for design professional
services be based only on qualification and not on proposed fee; the Code also states that
the fee be negotiated with the most qualified firni; and
WHEREAS, staff distributed the request for proposal in October of 2009
among six (6) pre -qualified Landscape Architects; and
WHEREAS, staff and other public agencies reviewed and ranked the
proposals based on a pre -established scoring system for an objective and unbiased
selection process; and
WHEREAS, Carducci and Associates, Inc. received the highest score; and
WHEREAS, Carducci and Associates, Inc. proposed the lowest fee among
all other proposals received; and
WHEREAS, the Director of Public Works adjusted the requested total fee
to include fees for only the tasks that are required for design phase (the total fee excluded
fees for bidding assistance/addenda and construction administration tasks as those will be
paid for on a time and materials basis and will be determined and controlled by staff); and
WHEREAS, staff determined that Carducci and Associates, Inc. is the
most qualified consulting team for this project;
WHEREAS, staff recommends Carducci and Associates, Inc. for design,
preparation of final plans, specifications and estimate in the amount of $78,525.00, and
any additional service on a time and material basis, as required, not to exceed $21,475.00
for `Pickleweed Park Synthetic Field Design' project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that it:
1. Approves the Professional Scope of Services for Carducci & Associates, Inc., as
stated on Exhibit A attached hereto; and
2. Authorizes the Director of Public Works to enter into a Professional Services
Agreement, in a form approved by the City Attorney, with Carducci & Associates,
Inc., for design, preparation of final plans, specifications and estimate in the amount
of $78,525.00, and any additional professional services as presented on Exhibit A
on a time and material basis, as required, not to exceed $21,475.00 for the
`Pickleweed Park Synthetic Field Design' project; and
3. Authorizes the Director of Public Works to take all necessary actions to complete
the project.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on the 4t1i day of January, 2010, by the following vote,
to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
File No.: 06.07.11
EXHIBIT A
PROFESSIONAL SCOPE OF SERVICES
The City is considering re -designing the playing field at Pickleweed Park site to incorporate the
installation of all weather synthetic turf soccer fields while maintaining the natural turf on a portion of the
site. This project will involve designing proper drainage and irrigation systems to support the natural and
synthetic surfaces. In the portion of the site that remains natural turf, the City will consider proposals to
convert the existing Bermuda grass turf to a cool season thizomatous fescue turf.
1.0 General
Coordinate design effort with the City of San Rafael for the renovation of two existing Bermuda grass
soccer fields at Pickleweed Park into two synthetic turf soccer fields in order to extend recreation
opportunities, conserve water and reduce ongoing maintenance resources required to maintain the fields.
Assist the City of San Rafael with efforts to apply for State of California Proposition 84 grant funding for
field improvements. Provide analysis and recommendations based on expertise and experience of
synthetic turf systems and engineered base systems for the project and related geotechnical and civil
assessments. Soccer fields would be 300' x 180' at minimum with ability to change play direction or
break fields up for multiple users (prefer 330' x 195')
1.1 Attend project kick-off and other meeting(s)/consultation
1.2 Site assessment/Prop 84 Design Report
1.3 Sustainability/concept plan
1.4 Conceptual plans & estimates
1.5 Attend up to eight (8) meetings with City
1.6 Synthetic Turf Report and recommendations for City
2.0 Surveying
Compile base map in AutoCAD to document the existing conditions
2.1 Surveys/Base Mapping/Data Gathering
2.2 Review existing record drawings and documents.
2.3 Prepare topographic survey and base maps documenting existing conditions
3.0 Geotechnical Assessment
Provide a geotechnical assessment and recommendations including collection of up to four soil samples in
area of work. Provide geotechnical recommendations for the field design of two synthetic turf fields.
3.1 Evaluation
3.2 Consultation for synthetic turf
3.3 Construction Documents 50%
3.4 Construction Documents 100%
4.0 Civil Site Assessment
Prepare a stormwater biofiltration and detention system that meets the County of Marin's stormwater
management goals and recommendations and follows best management practices. Consider some areas
for on-site detention within the field's drainage system. Provide protection from groundwater and tidal
influences on site. Connect to existing storm drainage system.
4.1 Civil Assessment
4.2 Demolition/recycle plan
4.3 Grading & Drainage Plan & SWPPP
4.4 Storm Water Management Report & Calculations
5.0 Construction Document, Specifications & Cost Estimates
Provide complete construction documents package including drawings, technical specifications/special
provisions and engineers estimate for the field project. Coordinate with City of San Rafael for
incorporation of construction documents package into submittal to State of California Proposition 84
application and bid package. The City of San Rafael will prepare the grant application.
5.1 50% Construction Documents
5.2 100% Construction Documents
5.3 List of Deliverables (the following sheets will be included at a minimum)
L01 Project Cover Sheet
L02 Topographic Survey
L03 Site Demolition Plan
L04 Site Sustainability Plan / Scope of Work Plan
L05 Site Materials Plan
L06 Site Layout Plan
L07 Landscape Plan
L08 Irrigation Plan
L09 Synthetic Turf Plan
L10 Synthetic Turf Details
L11 Construction Details
CO1 Grading and Drainage Plans
CO2 SWPPP Plan
Technical Specifications/Special Provisions
Cost Estimate
Final signed and stamped documents
Exclusions:
The following exclusions are available as additional services
Structural, electrical, and mechanical engineering
Off-site improvements in a public Right of Way
Water features or fountains
Green roofs
LEED certification
Custom design of structures
Scoreboards
Sports lighting
Flood analysis / improvements
Wetlands, creek restoration
Outside agency permits
Design with recycled water
Final printing for required submittals and bidding (by city printer)
Soil testing beyond initial soil test included in fee
Community meetings with residents
Expansion of scope outside of fenced field
Public art design and coordination
Spanish-speaking facilitator
Construction administration services of Miller Pacific Engineering Group
Bidding and construction administration services
CEOA services
AGREEMENT
FOR PROFESSIONAL SERVICES WITH CARDUCCI AND ASSOCIATES, INC.
FOR `PICKLEWEED PARK SYNTHETIC FIELD DESIGN' PROJECT
This Agreement is made and entered into this 4th day of January, 2010 by and between
the CITY OF SAN RAFAEL [hereinafter "CITY'], and Carducci and Associates, Inc. (hereinafter
"CONSULTANT).
RECITALS
WHEREAS, the CITY has determined that certain specialized professional services for
design are required for the Pickleweed Park Synthetic Field Design project (hereinafter "PROJECT");
and
WHEREAS, the CONSULTANT has offered to render such specialized professional
services in connection with this Project.
X01
NOW, THEREFORE, the parties hereby agree as follows:
1. DEFINITIONS. Not applicable.
2. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The City Engineer is hereby designated the PROJECT MANAGER for
the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of
this Agreement.
B. CONSULTANT. CONSULTANT shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this Agreement for
CONSULTANT. William E. Fee, ASLA, AICP, is hereby designated as the PROJECT DIRECTOR for
CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement
require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall notify the CITY
within ten (10) business days of the substitution.
3. DUTIES OF CONSULTANT
CONSULTANT agrees to perform the services as a Landscape Architect to
prepare design documents, including preliminary concept plans and final (100%) plans,
specifications and estimate (complete PS&E package) associated with the Pickleweed Park
Revised 4/21/09 DRAFT
Synthetic Field Design project, as outlined in the proposal from CONSULTANT dated 24`" December
of 2009 marked Exhibit "A" attached hereto, and incorporated herein by this reference. CONSULTANT
agrees to be available and perform the work specified in this Agreement in the time frame as specified
and as shown in Exhibit "A".
4. DUTIES OF THE CITY
CITY shall perform the duties as described in Exhibit "A" attached hereto and
incorporated herein.
5. COMPENSATION
For the full performance of the services described herein by CONSULTANT,
CITY shall pay CONSULTANT on a time and materials basis for services rendered in accordance with
the rates shown on the Design Services Fee Proposal as described in Exhibit "B" attached and
incorporated herein. The total payment made for any individual work task will not exceed the amounts
shown on the Design Services Fee Proposal, set out in Exhibit `B".
Payment will be made monthly upon receipt by PROJECT MANAGER of
itemized invoices submitted by CONSULTANT.
Any additional services required, such as bidding assistance/addenda and
construction administration, will be determined and controlled by City and will be paid for on a time and
material basis in accordance with the rates in the Construction Services Fee Proposal from
CONSULTANT dated December of 2009 described as Exhibit "C" attached and incorporated herein.
6. TERM OF AGREEMENT
The term of this Agreement shall be from the date of execution until the Project
is complete.
7. TERMINATION
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon ten
(10) days written notice mailed or personally delivered to the other party, and the notified party's failure
to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving
such notice, within thirty (30) days of the receipt of said notice.
C. Effect of Termination. Upon receipt of notice of termination, neither
party shall incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
Agreement • 2
I
'i
D. Return of Documents. Upon termination, any and all CITY documents
or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials
1
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY
as soon as possible, but not later than thirty (30) days after termination.
8. OWNERSHIP OF DOCUMENTS
The written documents and materials prepared by the CONSULTANT in
connection with the performance of its duties under this Agreement, shall be the sole property of CITY.
CITY may use said property for any purpose, including projects not contemplated by this Agreement.
9. INSPECTION AND AUDIT
Upon reasonable notice, CONSULTANT shall make available to CITY, or its
agent, for inspection and audit, all documents and materials maintained by CONSULTANT in
connection with its performance of its duties under this Agreement. CONSULTANT shall fully
cooperate with CITY or its agent in any such audit or inspection.
10. ASSIGNABILITY
The parties agree that they shall not assign or transfer any interest in this
Agreement nor the performance of any of their respective obligations hereunder, without the prior written
consent of the other party, and any attempt to so assign this Agreement or any rights, duties or
obligations arising hereunder shall be void and of no effect.
IL INSURANCE
A. During the term of this Agreement, CONSULTANT, shall maintain, at no
expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum
amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or
property damage;
2. An automobile liability (owned, non -owned, and hired vehicles)
insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of the services required to
be performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million ($1,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of
services under this Agreement.
B. The insurance coverage required of the CONSULTANT by Section 11.
A., shall also meet the following requirements:
Agreement • 3
1. The insurance shall be primary with respect to any insurance or
coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution;
2. Except for professional liability insurance, the insurance policies
shall be endorsed for contractual liability and personal injury;
3. Except for professional liability insurance, the insurance policies
shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally
named insureds under the policies;
4. CONSULTANT shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies;
5. The insurance policies shall provide that the insurance carrier
shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon thirty (30) days written notice to CITY's PROJECT MANAGER;
6. If the insurance is written on a Claims Made Form, then,
following termination of this Agreement, said insurance coverage shall survive for a period of not less
than five years;
7. The insurance policies shall provide for a retroactive date of
placement coinciding with the effective date of this Agreement;
8. The liability insurance provided to CITY by CONSULTANT
under this contract shall be primary and excess of any other insurance available to the CITY.
9. The insurance shall be approved as to form and sufficiency by
PROJECT MANAGER and the CITY's Attorney.
C. If it employs any person, CONSULTANT shall maintain worker's
compensation and employer's liability insurance, as required by the State Labor Code and other
applicable laws and regulations, and as necessary to protect both CONSULTANT and CITY against all
liability for injuries to CONSULTANT's officers and employees.
D. Any deductibles or self-insured retentions in CONSULTANT's
insurance policies must be declared to and approved by the PROJECT MANAGER and the City
Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be
reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing
payment of losses and related investigations, claims administration, attorney's fees and defense expenses.
Agreement • 4
12. INDEMNIFICATION
(a) Except as provided in Paragraph (b), CONSULTANT shall indemnify,
release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in
any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONSULTANT or
CONSULTANT's officers, agents and employees in the performance of their duties and obligations under
this Agreement.
(b) Where the services to be provided by CONSULTANT under this Agreement
are design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify,
release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to,
or relates to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of
its duties and obligations under this Agreement.
13. NONDISCRIMINATION
CONSULTANT shall not discriminate, in any way, against any person on the
basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related
to the performance of its duties and obligations under this Agreement.
14. COMPLIANCE WITH ALL LAWS
CONSULTANT shall observe and comply with all applicable federal, state and
local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these
laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold
harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines
and all other consequences from any noncompliance or violation of any laws, ordinance, codes or
regulations.
15. NO THIRD PARTY BENEFICIARIES
CITY and CONSULTANT do not intend, by any provision of this Agreement, to
create in any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
16. NOTICES
All notices and other communications required or permitted to be given under
this Agreement, including any notice of change of address, shall be in writing and given by personal
Agreement • 5
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties
intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed,
upon the date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY: Parviz Mokhtari, (Project Manager)
City of San Rafael
111 Morphew Street
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONSULTANT: William E. Fee, ASLA, AICP
Carducci and Associates, Inc.
555 Beach Street
Fourth Floor
San Francisco, CA 94133
17. INDEPENDENT CONSULTANT
For the purposes, and for the duration, of this Agreement, CONSULTANT, its
officers, agents and employees shall act in the capacity of an Independent Consultant, and not as
employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, its officers, agents and employees be that of an Independent Consultant and not that of
an employee of CITY.
18. ENTIRE AGREEMENT -- AMENDMENTS
A. The terms and conditions of this Agreement, all exhibits attached, and
all documents expressly incorporated by reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements,
oral or written, regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or
modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY.
E. If any conflicts arise between the terms and conditions of this
Agreement, and the terms and conditions of the attached exhibits or the documents expressly
incorporated by reference, the terms and conditions of this Agreement shall control.
Agreement • 6
19. SET-OFF AGAINST DEBTS
CONSULTANT agrees that CITY may deduct from any payment due to
CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any
ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid
checks or other amounts.
20. WAIVERS
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of
any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by
the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or
regulation.
21. COSTS AND ATTORNEY'S FEES
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
22. CITY BUSINESS LICENSE/OTHER TAXES
CONSULTANT shall obtain and maintain during the duration of this Agreement,
a CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONSULTANT has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
CONSULTANT'S taxpayer identification number is 94-2363816, and CONSULTANT certifies under
penalty of perjury that said taxpayer identification number is correct.
23. APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
Agreement • 7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CARDUCCI AND ASSOCIATES, INC.
KEN NORDHOFF, City Manager
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City Attorney
File No.: 06.07.11
Agreement • 8
EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL SCOPE OF SERVICES
The City is considering re -designing the playing field at Pickleweed Park site to incorporate the
installation of all weather synthetic turf soccer fields while maintaining the natural turf on a portion of the
site. This project will involve designing proper drainage and irrigation systems to support the natural and
synthetic surfaces. In the portion of the site that remains natural turf, the City will consider proposals to
convert the existing Bermuda grass turf to a cool season rhizomatous rescue turf.
1.0 General
Coordinate design effort with the City of San Rafael for the renovation of two existing Bermuda grass
soccer fields at Pickleweed Park into two synthetic turf soccer fields in order to extend recreation
opportunities, conserve water and reduce ongoing maintenance resources required to maintain the fields.
Assist the City of San Rafael with efforts to apply for State of California Proposition 84 grant funding for
field improvements. Provide analysis and recommendations based on expertise and experience of
synthetic turf systems and engineered base systems for the project and related geotechnical and civil
assessments. Soccer fields would be 300' x 180' at minimum with ability to change play direction or
break fields up for multiple users (prefer 330' x 195')
1.1 Attend project kick-off and other meeting(s)/consultation
1.2 Site assessment/Prop 84 Design Report
1.3 Sustainability/concept plan
1.4 Conceptual plans & estimates
1.5 Attend up to eight (8) meetings with City
1.6 Synthetic Turf Report and recommendations for City
2.0 Surveying
Compile base map in AutoCAD to document the existing conditions
2.1 Surveys/Base Mapping/Data Gathering
2.2 Review existing record drawings and documents.
2.3 Prepare topographic survey and base maps documenting existing conditions
3.0 Geotechnical Assessment
Provide a geotechnical assessment and recommendations including collection of up to four soil samples in
area of work. Provide geotechnical recommendations for the field design of two synthetic turf fields.
3.1 Evaluation
3.2 Consultation for synthetic turf
3.3 Construction Documents 50%
3.4 Construction Documents 100%
4.0 Civil Site Assessment
Prepare a stormwater biofiltration and detention system that meets the County of Marin's stormwater
management goals and recommendations and follows best management practices. Consider some areas
for on-site detention within the field's drainage system. Provide protection from groundwater and tidal
influences on site. Connect to existing storm drainage system.
4.1 Civil Assessment
4.2 Demolition/recycle plan
4.3 Grading & Drainage Plan & SWPPP
4.4 Storm Water Management Report & Calculations
5.0 Construction Document, Specifications & Cost Estimates
Provide complete construction documents package including drawings, technical specifications/special
provisions and engineers estimate for the field project. Coordinate with City of San Rafael for
incorporation of construction documents package into submittal to State of California Proposition 84
application and bid package. The City of San Rafael will prepare the grant application.
5.1 50% Construction Documents
5.2 100% Construction Documents
5.3 List of Deliverables (the following sheets will be included at a minimum)
L01 Project Cover Sheet
L02 Topographic Survey
L03 Site Demolition Plan
L04 Site Sustainability Plan / Scope of Work Plan
L05 Site Materials Plan
L06 Site Layout Plan
L07 Landscape Plan
L08 Irrigation Plan
L09 Synthetic Turf Plan
L10 Synthetic Turf Details
L11 Construction Details
CO1 Grading and Drainage Plans
CO2 SWPPP Plan
Technical Specifications/Special Provisions
Cost Estimate
Final signed and stamped documents
Exclusions:
The following exclusions are available as additional services
Structural, electrical, and mechanical engineering
Off-site improvements in a public Right of Way
Water features or fountains
Green roofs
LEED certification
Custom design of structures
Scoreboards
Sports lighting
Flood analysis / improvements
Wetlands, creek restoration
Outside agency permits
Design with recycled water
Final printing for required submittals and bidding (by city printer)
Soil testing beyond initial soil test included in fee
Community meetings with residents
Expansion of scope outside of fenced field
Public art design and coordination
Spanish-speaking facilitator
Construction administration services of Miller Pacific Engineering Group
Bidding and construction administration services
CEQA services
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