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HomeMy WebLinkAbout4.03 Passatempo Park Landscape Svcs CITY CLERK File # D~@]@J-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 18, 2007 SUBJECT: Passatempo Park - Landscape Architectural Services Report Prepared by Rosemary Alex, Parks and Facilities Development Coordinator 1. ~olution Approving Agreement with Callander Associates ()("'Landscape Architecture, Incorporated .~e~. RECOMMENDATION: ~ I Adopt Resolution approving Agreement FINANCIAL STATEMENT: The proposed fee for services under the Agreement is $140,815. Sufficient funds are available in the project budget. ATTACHMENTS: DESCRIPTION: In July 2007, Staff solicited a Request for Proposal from ten landscape architectural firms to complete the design and construction documents for Passatempo Park, a five-acre neighborhood park located in the Sorrento Development. At the condusion of the proposal time, the City had received proposals from Cliff Lowe Associates, Robert Mowat Associates, PGA Design and Callander Associates. Based on their qualifications, Staff elected to interview only PGA Design and Callander Associates. As a result, Callander Associates had demonstrated in their proposal and interview the experience necessary to complete the project. The scope of work for professional services includes development of three alternative designs, a preferred conceptual plan, design development, construction documentation and bidding. Attachment 1 is a Resolution approving the Agreement between the City of Dublin and Callander Associates. The Consultant Services Agreement, which outlines the scope of work and fee schedule, is shown as an attachment to the Resolution. Staff along with Callander Associates will hold a series of public workshops in conjunction with the Parks and Community Services Commission this fall to generate public input. Once consensus is reached, the original three design alternatives along with the preferred conceptual plan will be presented to the City Council for final approval ofthe preferred conceptual plan. RECOMMENDATION: Adopt Resolution approving the Agreement. co PY TO: Callander Associates Landscape Architecture, Incorporated. Page 1 of 1 ITEMNO.~ G:\COUNCIL\Agenda Statements\2007\9-18 Passatempo LARCH Services.doc I} 025 RESOLUTION NO. - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AN AGREEMENT WITH CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE INCORPORATED FOR PASSATEMPO PARK WHEREAS, the 2006-20011 Capital Improvement Program includes a project to prepare design and construction documents for the Passatempo Park; and WHEREAS, the City has solicited proposals from landscape architectural firms to complete the design and construction documents; and WHEREAS, the City received four proposals and selected Callander Associates Landscape Architecture Incorporated; and WHEREAS, Callander Associates Landscape Architecture Incorporated has demonstrated adequate ability to perform said design and construction documents; and WHEREAS, the consultant is available to perform work as specified. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin does approve the agreement with Callander Associates Landscape Architecture Incorporated, attached hereto and authorize the Mayor to execute the Agreement. PASSED, APPROVED AND ADOPTED this 18th day of September 2007. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk - 1 - '-1+~-#4'3 ql'i(07~ ATTACHMENT 1 0 021025 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE INCORPORATED THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Callander Associates Landscape Architecture, Incorporated ("Consultant") as of September 18,2007. 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 30,2009, and Consultant shall complete the work described in Exhibit A prior to that date according to the project schedule, 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 Assianment 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 one hundred and forty thousand eight hundred and fifteen dollars ($140,815), 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 Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18,2007 Page 1 of 14 j1~5 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. Notwithstanding the "not to exceed" compensation amount in the preceding paragraph, the Contract Administrator may authorize payment above the "not to exceed" amount to allow Consultant to provide additional services, or, to compensate Consultant for services provided within the original scope of work in excess of the hours specified in Exhibit A. In no event, however, shall the Contract Administrator authorize payment of such additional payments in excess of 20% of the "not to exceed" amount. 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; Le., 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 Monthlv 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. Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 2 of 14 J-f ogo?5 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 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 properly 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 schedule attached as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed fourteen thousand one hundred and fifty dollars ($14,150). 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. Mileage at $.485 per mile Printing at cost plus 15% administrative cost Postage at cost plus 15% administrative cost 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. Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 3 of 14 5 ';fC:>5 City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of 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 Consultant's 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' Compensation. 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, Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 4 of 14 G ~ &5 either the general aggregate limit shall apply separately to the work to be 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 coveraae. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 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. b. The insu.rance 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 Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 5 of 14 '1.,<5 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its 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. b. 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 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 6 of 14 g O;f ~G 4.4.2 Verification of coveraae. 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 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.lnsured 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 Coveraae. 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 City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 7 of 14 Cf".%cR.G · 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 forth 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; 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 Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 8 of 14 10 ~ b25' 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 Aaent. 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 Governina Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Reaulations. To the extent that this Agreement may be funded by fiscal assistance from another govemmental 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 Equal 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 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. Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 9 of 14 II ~. <25' 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 Assianment and Subcontractina. 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. 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; Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 10 of 14 Section 9. 9.2 9.3 Section 10 ~ '10(5 8.6.2 Retain the plans, specifications; drawings, reports, design documents, and any othefwork 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. 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. 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. 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 fl:mds 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 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. MISCELLANEOUS PROVISIONS. Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 11 of 14 )3 <;fol5 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any 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 Severabilitv. 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 Assians. 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 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 91090 et.seq., 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 Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 12 of 14 /4 ~~b 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 91090 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: Brian Fletcher, Principal Callander Associates Landscape Architecture, Incorporated 311 Seventh Avenue San Mateo, CA 94401-4259 Any written notice to City shall be sent to: Rosemary Alex, Parks and Facilities Development Coordinator City of Dublin - Parks and Community Services Department 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 reporUdesign preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with reporUdesign responsibility," as in the following example. Seal and Signature of Registered Professional with reporUdesign responsibility. 10.12 Intearation. 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. Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page 13 of 14 J5cfd?5' (', CITY OF DUBLIN CONSULTANT Janet Lockhart, Mayor Brian Fletcher, Principal Attest: Carolyn Parkinson, City Clerk Approved as to Form: Elizabeth H. Silver, City Attorney J:\wpd\FORMSIAGRElstandard consultant services agreement-2001.doc Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. September 18, 2007 Page'14 of 14 EXHIBIT A '" ~ c:<E: Scope of Services SCOPE OF SERVICES 3.06 Constl1lction Documents - Bid: Based on the comments received from the above meetings and the analysis of other items, proceed to develop construction documents to a final/Bid level of completion. Submittal shall include updated final cost estimate and final specifications and response memo to 95% comments. Prepare and submit one camera ready original of Bid Package to include all items above (including plans printed on mylar). 3.07 Project Archive: Submit one archive CD-ROM of all electronic data including construction documents, specifications, cost estimate, survey, and other base information provided by the City to be scanned and included in electronic format. Submit one archive CD-ROM of all electronic data. 4.0 BID PERIOD ASSISTANCE During the bidding of the Dublin Ranch Area F Park, Callander Associates will provide bidding services to support City staff. Services may include the following upon City request. 4.01 Bid Period a. Assist City in responding to bidder's questions and issuing addenda during bid period, b. Incorporate addenda into updated construction documents prior to start of construction. c. Assist City staff in making award recommendations. 5.0 ADDITIONAL SERVICES All tasks not specifically noted above could be performed as additional services. These tasks would include, but not be limited to, all revisions or additional submittals required by the City staff or any other agency's review, other meetings, additional design studies, or other tasks not specifically noted in the foregoing. These services would be billed hourly or on a lump sum fee basis to be documented in a written amendment to this agreement. 6.0 REIMBURSABLE EXPENSES In addition to the above fees, we would bill for all printing and reproduction, delivery, the communication and insurance surcharge, and other reimbursable expenses as noted in the attached Fee Schedule. We propose a budget for these expenses as noted and they would be itemized on our invoice (see 7.0 Compensation Summary in a separate sealed envelope). 1;). ~~~Uljin~~i1l)1ices Agreement between · DuhI~~~ C5 ',.;c Citfof1Jubnr'fa~d Callander Associates Landscape Architecture, Inc. --Exhibit A Page 1 of7 171025' Scope of Services 2.03 Design Development Book: Confirm final selections of pre-manufactured items and design details for major features with City staff. Prepare packet of information to contain catalog cuts and information on site amenities, site furniture, irrigation equipment, electrical equipment, plant materials, and related items as well as design details. Submit (5) copies of the Design Development Book to City for review and approval. 2.04 Staff Meeting: Review above documents in a work session with Gty staff; review comments and develop consensus for proceeding. Submit written meeting summary. 3.0 CONSTRUCTION DOCUMENTS 3.01 Construction Documents -.95% Submittal: Based on the comments received from the above meetings and the analysis of other items, proceed to develop construction documents to a draft 95% level of completion. Plans shall adhere to City of Dublin Standards. · title sheet · key map/general notes · demolition plan · grading and drainage plan · site construction plan · irrigation plans · planting plans · construction details · irrigation/planting details · electrical plans · response memo to 50% review comments 3.02 Update Cost Estimate: Prepare an updated list of quantities and provide an updated construction cost estimate for improvements. 3.03 Draft Specifications: Prepare draft contract specifications book and bid form, using Gty of Dublin standard boilerplate and Standard Specifications, as appropriate. Prepare and submit 5 copies of Draft Bid Package to include all items above. 3.04 Stann Water Plan: Prepare required storm water pollution prevention plan (SWPPP) in order to obtain the necessary General Permit for the project from the California State Water Resources Control Board (SWRCB). The plan shall include required information such as existing conditions description and plan, scope of construction, grading plan, inventory of contractor's activities, special site conditions, best management practices (BMPs) for contractor activities, BMPs for erosion and sediment control, post construction BMPs, and monitoring/maintenance plan. Submit seven (7) copies of SWPPP to City for application and submission to SWRCB. 3.05 Staff Meeting: Review above documents in a work session with Gty staff; develop consensus for proceeding. Submit written meeting summary. . c 'p[l~ultirlQ Se~ryices Agreement between CifyOo(Dubli~ calid Callander Associates Landscape Architecture, Inc. --Exhibit A C4 19 ~oIr Scope of Services 1.14 Concept Plan: Based upon comments received during the above meetings, proceed to revise the preliminary designs into a single preferred concept plan. Update. estimate of probable constructWn costs, image boards, and PowerPoint presentation. Submit (1) full sized copy of each and (5) copies (reduced to 11x17) of the preferred design submittal for City review and incorporation into Commission and Council packages. 1.15 Commission Meeting #2: Present above information in a public Parks and Community Services Commission meeting and facilitate dialogue and illustrate changes made based upon feedback. Record comments and prepare a meeting summary to City for review. Allow for minor plan refinements prior to Council meeting. 1.16 Council Meeting: Present the above information and process in a single City Council Meeting. Facilitate comments and submit written meeting summary. 2.0 DESIGN DEVELOPMENT 2.01 Preliminary Design Plans - 50% Submittal: Based on the comments received from the above meetings, the approved concept plan, and the analysis of other items, proceed to develop construction documents to a 50% level of completion. All drawings shall be prepared on AutoCAD 2006 (or below). Submit (5) copies for City review. Package to include: · title sheet . · preliminary grading plan (including storm drain points of connection, spot elevations, and grading concept) (1:20) · preliminary layout plan (1:20) · preliminary iITigation plan (including water point of connection) (1:20) · preliminary planting plan (1:20) · preliminary construction details · preliminary lighting plan (including electrical point of connection) (1:20) · outline specifications and bid form Note: Preliminary grading plan will be prepared by landscape architect to verify grading concept and ensure City goals will be the focus. Subsequent grading and drainage plans will be prepared by our civil engineer per Public Works requirements. Note: Provide Dublin San Ramon Services District (DSRSD) with standard plan notes, equipment list, and required supporting documents (including customer connection drawing). 2.02 Cost Estimate: Prepare a preliminary list of quantities and provide a preliminary construction cost estimate. Submit preliminary construction cost estimate. . ~':J c; ?~,~u~tQ.9,Sr:~!ces Agreement be~ween . . City of Dubfin and Callander ASSOCiates Landscape Architecture, Inc. --ExhIbit A 1I C3 , " Page 3 0(7 }q oj ~~ Scope of Services 1.07 Pre-Design and Design Consultation: Allow for up to four additional design coordination meetings with City staff, Toll Brothers and the Dublin School District. The purpose of the meetings will be to better understand adjacent land uses, coordination design programs, explore shared use facilities, and coordinate grading and construction. Submit written meeting summary. 1.08 Preliminary Design Alternatives: Utilizing the above information and analysis of other items, proceed to develop three preliminary design alternatives with sub alternatives where appropriate. Plans to illustrate range of proposed improvements and alternative programs will be prepared a twenty scale. Plans will be hand drafted and color rendered for presentation purposes. Submit (1) full sized copy of each and (5) copies (reduced to 11x17) of the preliminary design submittal for City review. 1.09 Cost Estimate: Prepare a detailed list of construction items, quantities, and provide a preliminary construction cost estimate for each alternative. Project and estimate will be broken into major areas to facilitate analysis of priorities. Submit preliminary cost estimate for City review. 1.10 Image Boards: Proceed to prepare a single image board for each of the three alternatives to illustrate proposed concepts and material selections. Boards shall illustrate proposed construction materials, site furnishings, typical cross section/sketch of detail areas, and landscape materials. Submit (1) full sized copy of each and (5) copies (reduced to 11x17) of the image boards (3 total) for City review. 1.11 PowerPoint Presentation: In preparation for upcoming Commission and Council presentations, proceed to summarize the above information into a PowerPoint presentation. Presentation to include summary of existing conditions, planning process and schedule, proposed concepts, and cost estimate. Presentation will be updated prior to each presentation. Submit one electronic copy of PowerPoint presentation on CD~ROM. 1.12 Staff Review Meeting: Review above information in a meting with City staff; develop consensus for proceeding with first Commission meeting. Provide additional information, clarifications, changes, refinements and all other information as part of the community meeting presentation. Revise above documents where prudent. Provide written meeting summary. Submit written meeting summary. 1.13 Commission Meeting: Present above information and related graphics in a public Parks and Community Services Commission meeting and facilitate dialogue and prioritization exercise with Commission and public to refine design program. Record comments and prepare a meeting summary to City for review. ~~~_~U~l'lll~~,~jces Agreement between , .. City-of Dublin. and Callander Associates Landscape Architecture, Inc. -Exhibit A 1 C2 )10 ~,,25 Scope of Services The following scope and corresponding fees are based on the project budget of $1,689,150 and includes a construction contingency of ten percent. The anticipated lowest responsible bid shall be $1,535,590. Callander Associates shall be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and to make reasonable adjustments in the scope of the project to bring it within the fixed limit. Callander Associates may also include in the Contract Documents alternate bids to adjust the construction cost to the fixed limit. Items shown in boldface italics represent the deliverables or work documents to be provided at that task. 1.0 rRELI~INARY DESIGN 1.01 Initial Meeting: Review scope, schedule and cost for both construction and design services with City staff. Review process and schedule. Identify available and required documents. Meeting shall include a review of Park Master Plan goals for neighborhood parks and discussion on project goals and update design program. Review and evaluate adjacent land uses and proposed improvement plans for opportunities and constraints related to potential park designs. Submit written meeting summary. 1.02 Document Review: Obtain and review other information that may be pertinent from the City including but not limited to existing survey information, roadway as-builts, proposed improvement plans to adjacent parcels, and City standard documentation. Review existing design guidelines, documents, adjacent development and school plans, or other existing base information provided by City. Evaluate adequacy and/or need for additional information. Prepare summary memo to include a list as well as photocopies of proposed City standards (details, specification sections in outline fonn, etc.) to be used. 1.03 Schedule: Prepare and maintain a detailed time schedule in MS Project format for the project through design and construction. Monitor progress and alert City in advance of possible deviations. 1.04 Topographic Survey: City to provide existing survey from developer's engineer and supplemental information such as developer roadway plans, in Autocad format to utilize for this project. Evaluate survey and need for additional information. 1.05 Utility Evaluation: Review any available utility drawings, including existing electrical, sanitary, and storm drain drawings, provided by City. Review site for visually apparent surface utilities. Coordinate points of connection with appropriate utility companies. 1.06 Site Reconnaissance: Conduct site reconnaissance with topographic survey in hand. Obtain up to two horticultural soils samples to verify agricultural suitability of existing soils. Photograph site for in-house study and reference. Submit soil laboratory analysis letter report and submit one 8 * oX 11 hard copy of digital photo log. ~~~"U~n(l)iI'JYices A(lreemenl between '.. CitY'of Dublir1"ar'id Callander Associates Landscape Architecture, Inc. --Exhibit A .,ill m;~ C1 Page 5 of7 ",,:o:r-- ~ "S :v~ .... 'i Q. . !-- .cu.~ u ra III III ",..c ~~ 1) ... E <(! ~ '~"fiJ] ~ ... C ::i.... Q.ra a: .!: ::li :ii j ~i- a ... ~<I) '=....- <I) f- l!l .u. <> '" .,. ~ ~ .... >- I p~ ... ~~ ~ ~ a... . -1 ::i 1JJ ... p "'" ~<I) :..... I <I) !-- ~.u. 0 ~- .... l>~ g $... -i It It ~ l'l l'l l'l llI! ., r:! ., ., :Ii ~ _ ~ !j; ~~~~~ ~~~~l !I IIIIIIIIIII~~~~~~ 11I11 "'~ ~ ~ ~ ~ j j j j ~ j ~ ~ ~ 6 6 6 ~ ! ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ::Ii'" ............... It It It l\ll!ll'ill'UI::t!:l ~~~~~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~ I~~~~~~~ ~oiHli:l~~~ ~~~~~?~~ ~~~E-~IU~.~ .s -3 ~ "U .: .g .a ~ Q V) .." I/) '" 0 0 \0 ~ - ..... .... "8 "~ 0. ~ .. . ~ 1~i5 e= ~wilc~ ! "~iIHi!! j:!ls.,o.;!ilIll 1.~41",!l;li-."~ 33"d~lii8Q: oEla;!i$!l~ u ttJ c-i M c<'i CO; ri M o .; H ::i ~~ ~<I) ::j i . I 0. ~ 41 .,. J; ~ ~ ~ .... ~ ~ ~ c , _ ..- ....... ~ ~I illlllllllll~~I~~ U:c !j~!!~!~!!!~!6if6~ ~ ~~~r~~~~~~~~r~ ~~ 1 i. ~ - ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ 81 S .g ! -II ~ ~ -3 .g ~ .: i -: ! -t1 -t: ! l.~ CI 0 ~ "" I/) I/) It) i ~ V) U) It) an 0 ~ 0 0 ~ 6 l 'i , $ i i ~ 6~ 6 "~\l c'3 '" 80~ 'i:!'oSo " 1 ~ ~.~e. l'i{it-c f c!l'i al!;.!:~J"J:~:p:1E .. a ~ u $ ~ - $ ~ ~ c l . ~ !~IIII~tf!J!JIII! ~ i~8~~f~li8f!~s8]~ ~ ~ 0 El ~ ~ ~ ~ q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~<< a:...............-..........................--..............-- ~~ ~ H ~ ~ ~ E- ~ -Il -ll ~ ... -3 ::l ~ .,,,,, 51 i ~ .g 11 3- II) ~ ~ ~ ill ~ 1> li ';. i~ i~ ~!ij{ ., 1i.:1i lO::i ~ ". ~ .. 'Ii Ii, .!: u ,1\ OS ~ Ci ~ ~ ~ ONNN~ o N dl!~0<5 ~ . ... '6 ~ J. -i i $ ~ ... 11 10 ~ ~ ;J\ ,ll [[ ~ 0. ~ ~ ~ .i! E \l ~ r I. ~ i 0:. i ~i ~ ~ I", " I ~1 06' Proposed Compensation Callander Associates Landscape Architecture September 6, 2007 Professional Seroices To assist the City in budgeting on the Area F Park project, we have estimated our time and expenses based on the revised Scope of Services dated September 6, 2007. The following fees and reimbursable expenses are proposed and will remain valid for a period of 60 days form the date of this proposal. Callander Associates and our subconsultants would appreciate the opportunity to collaborate with the City in balancing the scope with available funding. Compensation task Callander Associates electrical civil 1.0 Preliminary Design ..............;..................... $36,098................$1,100 ...........$3,800 2.0 Design Development (50%) ...................... $23,842 ................ $2,800 ...........$8,400 3.0 Construction Documents (100%) ............. $29,725................$3,200 .........$14,900 4.0 Bid Period Assistance .................................. $2,200 ...................$200 ..............$400 Reimbursable Expenses ............................. $12,000 ...................$450 ...........$1,700 Total.......... .............. ...................... ........ ........$103,865.............. $7,750 ....... $29,200 $140,815 Notes: Geotechnical and Structural Engineering Services: Please note that these services are not currently in this scope as sufficient information mayor may not be available from developer sources. The City may wish to contract for these services directly or through Callander Associates as additional services. Reimbursable Expenses: The amount shown for reimbursable expenses assumes five copies of documents and one original at the designated deliverable. Quantities beyond that amount are available at our vendor's cost plus a 15% administrative cost. Examples of reimbursable expenses would include travel expenses, postage and plotting for preliminary design alternatives, image boards, concept plans, design development booklet, specifications book and all construction drawings, as well as other in-house printing costs associated with the project. The reimbursable amount would be billed as a percentage of completion as the expenses are incurred. Attachments: Task Matrix, dated July 13, 2007, two pages Hourly Rates, dated July 13,2007, one page Pl773ProposedCompensation9-10..{)7 .doc @ ropyright<>:l2007 CaIIandcr Associalc Dublin Ranch Area F ark for the City of Dublin Callander Associates Landscape Architecture SepterK~M 1ff,fio07 Page 7 of 7 Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. --Exhibit A Gl EXHIBIT B COMPENSATION SCHEDULE Callander Associates Landscape Architecture, Inc. ------- /~/ / // / General ~ The following list of fees a reimbursable expense items shall be used in providing service in the agreeme;~ hese amounts shall be adjusted in January, upon issuance of an updated Standard / edule of Compensation: / / Hourly Rates / Senior princir/ I Principal Associate 1 / Associate 2/ Associate ~ Project Mh.nager 1 Project 11anager 2 Project *anager 3 Project ~anager 4 Project Manager 5 I I I i I I I i I i I \ I \ \ \ \ \ \ \ \ P1773HourlYRates.d~ @ copyrighted 2007 Calla~der Associates Landscape Arcrutecture,\Inc. \ 311 Seventh Avenue \ 11180 Sun Center Drive, Suite 104 \ Hourly Rates July 13, 2007 $191/hour $155/hour $150/hour $139/hour $125/hour $139/hour $125/hour $120/hour $113/hour $108/hour Sa Construction Manager Assistant 1 Assistant 2 Assistant 3 Assistant 4 Assistant 5 Assistant 6 Word Processor Accounting Landscape Architecture ~11 95670-6167 Ur an Design der A~gdcl~fss Landscape ArchitMffif~~~fW:. --Exhibit B F 916.635.9153 Park and Recreation Planning \ vwvw.callanderassociates.com Environmental Planning vwvw.ca lIanderassociates.com J36f~~ 1"\ $123/hour $113/hour $108/hour $96/hour $89/hour $78/hour $71/hour $90/hour $105/hour Peter E. Callander, ASlA, Principal (;tJ ZEIGER lH NElR~ iMC ~4 ~ ~5" Z E I G ERE NG I NEE R S, INC. ..78 3RD STREfT, OAKLAND, CAlifORNIA 9A607 TEL: (510) ..52.9391 FAX, (510) A52.0661 www.zeigereIl9in..rJ.eom BILLING RATE SCHEDULE Applicable for the Period of January 1,2007 through December 31, 2007 Principals Senior Engineers Engineers Jr. Engineers CAD Operator Jr. CAD Operators Expert Witness $178.00 $136.00 $125.00 $95.00 $91.00 $51.00 $290.00 Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. --Exhibit B September 18, 2007 Page 2 of 3 09/10/2007 15: t8 FAX 8505938B75 MacLEOD & ASSOCIATES ~(io&:~1D2f ~~te[b~@@ ~~@ ~~@~D~if~~S1 QlNl~a CIVIL ENGINeeFONG ., LANOSURVEYING STANDARD FEE SCHEDULE TIME AND MATERW..S CONTRACTS Eft'eecive J....., It 2007 Compensation of MacLeod and Associates, Inc. for worl< performed on a time and materials basis win be at the sum oftbe folloVling items: 1. ~JW ~ervi~ Principal Project Surveyor Project Engineer Engineering Technician Surve)" Tecbnician CAD Drafting l"MIn Field Survey with Robotic Instrument or GPS 2-Man Field Survey party 3-Man Field Survey Party Secretarial 2. Reim):n1rsable J!tmI A. Blueprinting/photographic reproduction B. Shipping C. Other outSide "services 3. I.JtigatiQ.n Services related to depositions, declarations. court and hearing appearances. expert witness testimony $155.00 per hour 110.00 per hour 110.00 per hour 88.00 per hour 88.00 per hour 88.00 per hour 175.00 per hour 190.00 per hout 240.00 per hour 46.00 per hour cost x 1.2 cost x 1.2 cost x 1.1 $270.00 per hour Consulting Services Agreement between City of Dublin and Callander Associates Landscape Architecture, Inc. --Exhibit B September 18, 2007 Page 3 of 3