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HomeMy WebLinkAbout4.07 Civic Ctr ModificationG~~~ OF Dp~~~ ~ 19/ ~ 1 ~,82 ~~ ~ ~/ ~'ILIFOR~~~ STAFFREPORT CITY CLERK DUBLIN CITY COUNCIL File #^~] 0^~-~j~~ DATE: June 7, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattilfo, City Manager SUBJE . Civic Center Modifications Project - Agreement for Architectural Services Prepared By: Herma Lichtenstein, Parks and Facilities Development Manager EXECUTIVE SUMMARY: The City Council will consider an Agreement for Architects to prepare plans and specifications 1 Improvements included as part of this project inc City Hall and Police Services, changes to the pc counts without the need for a building expansion better customer service. FINANCIAL IMPACT: Architectural Services with the Dahlin Group ~r modifications to the Dublin Civic Center. ude: ADA upgrades to the public counters in lice locker rooms that would increase locker and minor office reconfigurations to support The adopted Capital Improvement Program (CIP) includes Project #930006 Civic Center Modification Design Services & Consfruction. In Fiscal Year 2010-2011, $453,388 was appropriated for this project. The funding in the CIP during the current year provided for the completion of the security system, consultant design services, evaluations of key building systems in preparation for a future construction project, and Staff time to coordinate these activities. The proposed fee for services under the Agreement is $85,700. Sufficient funds are available in the 2010-2015 Capital Improvement Program budget. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving an Agreement with Dahlin Group Architects for the Civic Center Modifications Project. ~4~J~ Submitted by: Parks and Community Services Director .~ Reviewed by: Assistant City Manager Page 1 of 2 ITEM NO. ~°'• DESCRIPTION: To upgrade certain areas to current ADA standards and accommodate additional staffing as proposed in the Fiscal Year 2011-2012 Budget, construction modifications to the Dublin Civic Center will be required. The modifications include the remodeling of office areas to accommodate additional staff, ADA upgrades to the Development Counter that would help facilitate better customer service, ADA upgrades to the public counter in Police Services, and a locker room reconfiguration to create additional locker space for Police Services. Staff recommends contracting with the Dahlin Group Architects as they have prior experience on several City projects as well as extensive experience in municipal office design. Their proximity and knowledge of City processes will allow the work to be completed in a timely manner. Staff anticipates completion of construction in spring of 2012. The scope of work for professional services includes development and review of conceptual layouts for the modifications, design development, construction documentation and bidding. Attachment 1 is a Resolution approving the Agreement between the City of Dublin and Dahlin Group Architects. The Consultant Services Agreement, which outlines the scope of work and fee schedule, is shown as Exhibit A to the Resolution. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was distributed to the Dahlin Group Architects. ATTACHMENTS: 1. Resolution Approving an Agreement with Dahlin Group Architects for the Civic Center Modifications Project Page 2 of 2 RESOLUTION NO. - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING AN AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING FOR THE CIVIC CENTER MODIFICATIONS PROJECT WHEREAS, the City of Dublin has allocated funds for the design of the Civic Center Modifications as part of the 2010-2015 Capital Improvement Program; and WHEREAS, the City requested a proposals for Architectural design services for Civic Center Modifications; and WHEREAS, the City received a proposal for Architectural design services, from Dahlin Group Architecture Planning; and WHEREAS, Dahlin Group Architecture Planning has demonstrated adequate ability to perform said Architectural design services in a timely manner; and WHEREAS, consultant is available to perform work as specified. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Architectural Services (attached hereto as Exhibit A) with Dahlin Group Architecture Planning. I ~~ ~ PASSED, APPROVED AND ADOPTED this 7th day of June; 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor /'~ ~-7J/~ ATTACHMENT 1 ~'~ COMSULTII~G SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DAHLIN GROUP, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") antl. Dahlin Group, Inc. ("Gonsultant") as of June 7, 2011. 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 specifietl 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 upon compfetion of the Dublin Civic Center Improvements, and Consultant shall complete the work described in Exhibit A on or prior to that time, 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 requiretl by this Agreement shall not,affect the City's right to terminate the Agreement, as providetl 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 standartls observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time tluring 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 tlevote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standartl of performance provided in Section 1.1 above and to satisfy Consultant's obligatioris hereunder. Section 2. ~COMPENSATION. City hereby agrees to pay Consultant a sum to an initial cap not to exceed $83,700, notwithstanding any contrary intlications that may be contained in Consultant's proposal, for services to be performed antl reimbursable costs incurred under this Agreement. In the event that hourly services reach the initial estimated cap indicated on Exhibit A, Architect will not proceed without written approval by the Cify. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibits A antl B, 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 herein. Consulting Services Agreement between City of Dublin antl Dahlin Group Page 1 of 1'4 ~ -- - Exhibit A ~. ~~ Except as specifically authorized by City, Consultant shall not bill City for duplicate services performetl by ~ more than one person. Consuitant and City acknowiedge and agree that compensation paid by City to Consultant under this Agreement is basetl upon Consuitant's estimated costs of providing the services required hereuntler, including salaries antl benefits bf employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more offen 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 tlate. Invoices shall contain the following information: ~ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; v 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, antl 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; a The total number of hours of work performed under the Agreement by Consultant antl 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 shalf include an estimate of the time necessary to complete the work tlescribed in Exhibit A; a The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performetl, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shail pay the last 10% of the total sum tlue pursuant to this Agreement within sixty (60) tlays after completion of the services antl submittal to City of a final invoice, if all services requiretl have been satisfactorily performed. 2.4 Total Pa ment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. Except for the compensation for services renderetl and reimbursable expenses beyond those identifietl in Section 2, City shall not pay any additional sum for . any expense or cost whatsoever incurred by Consultant in rendering services pursuant to Consulting Services Agreement between City of Dublin antl Dahlin Group Page 2 of 14 / ~~ this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. SCOPE OF SERVICES a) As Built.Documents (hourly estimate) $2,000 Concept Design / Design Development $8,000 Construction Drawings / Book Specifications $26,000 SUBTOTAL $36,000 Bidtling $2,500 Construction Site Meetings $11,750 Construction Administration (hourly estimate) $25,450 SUBTOTAL $39,700 TOTAL $75,700 b) Structural Engineering (hourly estimate) $3,000 c) Reimbursable Expenses (estimate) $5,000 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 motlified prior to the submission of such an invoice by a properly executetl change ortler or amendment. 2.5 Hourlv Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on Exhibit A, without written approval by the City. ~ 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are inclutled in the total amount of compensation provided under this Agreement that shall not be exceeded without written approval by the City. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurretl under this Agreement antl any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the Gity or Consultant terminates this Agreement pursuant to Section 8, the City shall compensete 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 atlequate logs and timesheets in order to~verify costs incurred to that date. Consulting Services Agreement between City of Dublin and Dahlin Group Page 3 of 14 5 a~. 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 th~e 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 antl equipment listetl in this section, and only under the terms and contlitions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and 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 untler 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 inclutled in the Consultant's bitl. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance requiretl herein for the subcontractor(s) antl provitled evidence thereof to City. Verification of the requiretl insurarice 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 tliscretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provitled, shall waive all rights of subrogation against the City and its officers, officials, employees, antl volunteers for loss arising from work performed untler 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 retluced in coverage or in limits. Consulting Services Agreement between City of Dublin and Dahlin Group Page 4 of 14 f ~~ 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, af its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of tfiis Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an . Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performetl under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall inclutle but shall not be limited to, protection against claims~arising from bodily and personal injury, yincluding death resulting therefrom, and tlamage to property resulting from activities contemplated under this Agreement, including the use of ownetl and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial. general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form - CG 0001 (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 antl 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 adtled 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 ownetl, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection affordetl to City or its officers, employees, agents, or volunteers. The insurance shall cover on an occurrence or an accident basis, and nof on a claims-made basis: An entlorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, Consulting Services Agreement between City of Dublin and Dahlin Group Page 5 of 14 ~ a~ ~ 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 canceletl except after thirty (30) days' prior written notic~ by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and experise, shall maintain for the period covered by this Agreement professional liabi{ity insurance fior 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 suspentled, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requestetl, 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 appiy 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 antl 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. If coverage is canceled or not renewed antl it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must pro~itle 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 tloes not renew the coverage.. Consulting Services Agreement between City of Dublin and Dahlin Group Page 6 of 14 r rti` OC, 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. 4.4.2 Verification of coveraqe. 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 insuretls under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. ~ 4.4.4 Variation. The City may approve a variation in the foregoing insurance ~ requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and - obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may contlition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bontl, guaranteeing payment of losses and relatetl investigations, claim atlministration, and defense expenses that is satisfactory in all respects to each of them. . 4.4.6 Notice of Reduction in Coveraqe. In the event that any coverage required by this section is reducetl, 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 laterthan five days after Consultant is notified of the change in coverage. Consulting Services Agreement between City of Dublin antl Dahlin Group . Page 7 of 14 ~ ~. ~ ~ 4.5 Remedies. In addition to any other remetlies 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; a 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 tlemonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shali indemnify, defentl with counsel selectetl by the City, and holtl 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, botlily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent causetl, 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 contributetl 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 intlemnify 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 determinetl to apply. By execution of this Agreement, Consultant acknowledges antl agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant provitling 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, tlefend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benef'its on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penaities and interest on such contributions, which woultl otherwise be the responsibility of City. Consulting Services Agreement between City of Dublin and Dahlin Group ~ Page 8 of 14 ~.. I Section 6. STATUS OF CONSULT,4NT. % ~~ ~ 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an indepentlent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement, Notwithstanding any other City, state, or federal policy, rule, regulation, 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 entitletl to, and hereby agree to waive any and ail claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroil 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 Aqent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf,of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. ~ Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performarice of the work hereurider. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funtletl by fiscal assistance from another governmental entity, Consultant antl 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. Corisultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualificatrons, 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 requiretl 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 Opportunit~ Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or Consulting Services Agreement between ` ~ City of Dublin and Dahlin Group Page 9 of 14 ~ ~ ~ ~ ~.[ ~~ .~,~ disability, medical contlition, 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. 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. Consultant may cancel this Agreement upon fifteen (15) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective tlate of termination; City, however, may condition payment of such compensation upon Consultant tlelivering to City any or all documents, photographs, computer software, vitleo 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 beyontl that provided for in Subsection 1.1. Any such extension shall require a written amentlmenf 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 beyontl the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consuitant 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 Assiqnment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplatesJpersonal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specializetl personal knowledge, Moreover, a substantial intlucement 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 Atlministrator. Consultant shall not subcontract any portion of the Consulting Services Agreement between City of Dublin arid Dahlin Group Page 10 of 14 a, r ~~ ( /~ ~ 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 Sunrival. 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; 8.6.2 Retain the plans, specifications, drawings, reports, tlesign documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or ~ 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreetl that the documents and other materials, inciuding but not limitetl to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evitlencing or relating to charges for services or expentlitures antl tlisbursements 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. Consulting Services Agreement between City of Dublin and Dahlin Group Page 11 of 14 i3~ ~ 9.3 Section -10 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000:00), the Agreement shall be subject to the examination antl autlit 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. 10.1 Attornevs' 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 entitletl. 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 Unitetl States District Court for the Northern District of California. 10.3 Severability. If a court of competenf jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjutlgetl 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 Suceessors and Assigns. The provisions of this Agreement shall inure to the benefit of antl shall apply to antl bind the successors antl 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 locafion, woufd place Consultant in a"conflict of interest," as that term is definetl in the Political Reform Act, codified at California Government Cotle Section 81000 et seq. ~ Consulting Services Agreement between City of Dublin and Dahlin Group " Page 12 of 14 ~ •: ~~ a ~ ~ ~: Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shali have any financia! 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 ditl not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Cotle §1090 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 requiretl to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 .-Contract Administration. This Agreement shall be administered by Herma Lichtenstein, Parks & Facilities Development Manger ("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: Karl Danielson, Vice President Dahlin GrouP, Inc. 5865 Owens Drive Pleasanton, CA 94568 " Any written notice to City shall be sent to: Herma Lichtenstein, Parks & Facilities Development Manger City of Dublin 100 Civic Plaza - Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporatetl herein as Exhibits A and B, 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 Dahlin Group Page 13 of 14 l~~~~ ~ CITY OF DUBLIN Tim Sbranti, Mayor Attest: Caroline Soto, City Clerk Approvetl as to Form: John Bakker, City Attorney Consulting Services Agreement between City of Dublin and Dahlin Group CONSULTANT ~ %/ r/ ~~/ K~arl Danielson, Vice President Dahlin Group, Inc. C-11201 Exp 11/11 ~ Page 14 of 14 ~ ~r ,~ ' ^~ ~ .. f ~ EXHIBIT "A" ~ DUBLIN CIVIC CENTER INlPROVEMENTS Project Description: The existing Dublin City Center will be renovated based on the program information provided at our project site walk on 3/3/11 with City Staff. Remodel work will occur in limited areas throughout the City Staff and Police Department offices. The new work to be provided, interior detailing, finishes, door hardware, windows~/ frames, etc. will be tlesigned to match the current existing building standards for fit, finish and to match or blend with the existing building color palette. We understand this project will be bitl per prevailing public contract guidelines as is the requirement for the City of Dublin. 2. Existinq Drawings / Documents: The City of Dublin will provide Dahlin Group with all electronic copies of the existing building available via PDF antl CAD. Any time required to generate new base "as-built" CAD documents for the execution of the project work will be performed on an hourly basis. Green Buildinq Desiqn: The proposed remodel work will utilize industry recognized best practices for _green building design where these can be implemented without a farge dollar cost to the project. It is not the intent, nor will we generate tlocumentation to submit the project for certification under the USGBC / GBCI - L.E.E.D, construction rating or any other third party green building certification system. 4. Desiqn Review: The project design / layout will be reviewed and approved internally by City Staff and ~will not require formal design submittals to the City of Dublin Design Review Board, Parks and Community Services Board, or City Council. No time is included in this scope of work to generate design ~eview documentation and color boards, and no atlditional meeting time has been atltletl for formal reviews of the project. 5. . Consultant Services: Because the building and site are existing to remain, the Architect will limit their work and provitle the following consultant services for the remodel project: • Architectural • Electrical AV Equipment Installation • Structural (Hourly review antl design for specific conditions as required) • M, P; E, FS Performance Specifications and Design Builtl Documentation Review Book type specifications for each anticipated section .of work will be generated for the project. Performance Specifications only will be provided for Mechanical, Electrical, Plumbing and Fire Protection. Construction Documents for these trades will be provided on a design/builtl basis through the General Contractor. Buildinc~/ Site Accessibilitv Upqrades: The existing site and building will be required to be upgradetl to meet current guidelines for facility accessibility per 2010 CBC chapter 11, section 1134B - Accessibility for Existing Buildings. Portions of the project are being untlertaken strictiy for accessibility compliance antl are exempted from this requirement in the CBC. The current anticipated total cost of the project, inclutling voluntary accessibility upgrades is set at $650,000.00. The Owner and Architect will need to perform a final review the project scope of Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 1 of 8 ~r~ ~ work with the Building Official to determine the limit, extent, and final dollar amount of accessibility rework required for the existing facilities beyond this project's intended scope of work. Based on our cursory visual review at our project site walk on 3/3/11 with City Staff and subsequent email `correspondence, we anticipate the following will be. the minimum additional accessibility improvements required for the project: .- . Installation of truncated domes at site; domes are missing from the path of travel at the bottom of the existing curb-ramp leading to the accessible parking area loading areas that also serve as the path of travel across the vehicular way to accessible parking stalls on the opposite side. Review of existing single occupancy toilet rooms within the building for compliance with current accessibility standards. Reinstallation of counters and associatetl plumbing and accessories; there were several existing built-in counter tops that were within the project areas that appeared to be instailed fo high antl would need to be removed and reinstalled at appropriate heights for disabled access. Provision of accessible counters; a new accessible "seat height" counter top will be provided as part of the remodel work at the Permit Center counter. New accessible transaction counters will be provided at the transaction area for the Police Offices Lobby. Currently only "standing height" counters exist at these areas. 7. Remodel Descriptions: The following are the descriptions of the anticipated project scope of work as we understand them: -(i) Public Offices - 15t Floor permit counter; remodel of the existing permit services counter area to create a"one stop" permit center with seating to accommodate pubiic and staff at each side of an accessible height counter. The center section of the. existing counter, inclutling base cabinets, wi(I be removed and repiaced with an accessible height transaction counter. The counter will be set with a central wall and sides that divide the seating areas into individual sections for service. Partial height privacy panels will be added to each section to allow for transactions to occur, and to provide for additional signage.identifying the stations. These seating areas will neetl to be wired for Data and Telecom services for the City Staff. ~ (ii) Public Offices - 2~d Floor office wall installation; the existing counter antl transaction area will be removetl at finance and a new office wall with clerestory windows and entry door will be addetl under the existing soffit to remain at this location. Minor electrical rework will be required for the existing switch bank to eliminate conflicts with the new wall /, door location. (iii) Public Offices - 2~d Floor work area reconfiguration; the existing tloor and wall at the storage area will be removed and new workstations will be installed at this location to match the existing adjacent area. A new wall will be installetl to create a"copy alcove" to _ relocate one large size copier and printers out of the current work areas. An existing abandoned door at the existing adjacent office will be removed antl reinstalled at the 1St floor office noted above. (iv7 Po(ice Offices - reception area upgrade; the existing reception area transaction counter will be remodeletl to an accessible height with a ballistic slide tray. We will provitle a narrative for design options for consideration for upgrades to the existing transaction wall and glazing to incorporate levels of bal(istic profecfion. Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 2 of 8 ~ ~~ ~ y ~ e ~•~~ (v) Police Offices - locker room remodels; the existing men's antl women's locker room areas will be remodeled to remove and reinstall the existing built-in bench seats at the locker areas. The lockers will be removed and replaced on a 9" tall integral pedestal untler the lockers and the floor re-tiled to match the existing. New lockers will be installed and locker. _ layouts for the room will be revised to work with the new locker column dimensions. Existing lavatory vanity counters will be either removed and reinstalled, or replaced with new counters to an accessible level depending upon project budgets. Existing shower enclosure will remain without rework, and all other finishes not effected by the remodel with remain. ~ (vi) Electrical Engineering Scope - AV Equipment Installation . a. Basic Design Services i. Construction Documents Phase: - 1. One meeting on site including site visit to determine existing conditions. 2. Develop project specifications. 3. Prepare Construction Documents - Power and Telephone Data wiring for the new A/V equipment. ii. Construction Services Phase: 1. Review Electrical Shop Drawings. 2. Respond to Field Questions from Contractor & Inspecting Authorities. 3. Perform one Jobsite visit to tlevelop final punch list. b. Adtlitional Services i. Any other work not requested and not specifically included in the project tlescription antl scope of work. ii. Changes or revisions required as a resuit of change in the established Basic Design Services or in previousiy approved tlocuments. iii. Retlesign tlue to change of the Owners concept or in issued plans/drawings. iv. Preparation of models, mock-ups, renderings, etc. v. Preparation of maintenance programs. vi, Meetings, other than Design Conferences covered above, with regulatory ° agencies, commissions, Owner Personnel, etc. ~ vii. Preparation of Life Cycle Cost Analyses. viii. Design and documentation of Additive and Deductive Alternate Schemes. ix. Phasing of project. x. Preparation of Equipment Pre-Purchase documents. xi. BID Document General Conditions and Bid Forms, xii. Cost Estimate. xiii. A/V system design. xiv. Lighting tlesign. We understand there will be no lighting changes, as the project will not have any vitleo conferencing. Construction Documents; (i) Based on the approved plan layouts, Dahiin Group will prepare construction documents for submiftal to the City of Dublin Building Department for review and approval, based on the consultant services noted in item 5 above. At. a minimum, these documents shali inclutle: Consulting Services Agreement between - City of Dublin and Dahlin Group--Exhibit A Page 3 of 8 ~~ ~~ ~ a. Title Sheet with general notes, project description and code information. b. Reference Site Plan illustrating existing conditions, existing accessible paths of travel and providing any information related to accessibility upgrades as required. c. Reference code analysis, buiiding occupancy and exiting plans. These plans will illustrate the existing conditions for occupancy, exiting and indicate existing accessible conditions within the building, d. Demolition Plans as required to describe work to be performed by contractor e. Improvement Plans (floor, dimension, finish and Telephone / Electric) as required to describe work to be performed by contractor f. Reflected Ceiling Plans as required to describe work to be performed by contractor g. Interior Elevations as required to describe new work and finishes required h. Architectura4 Details Book type specifications (ii) Project Cost Estimate. The Architect will work with the City Staff to generate a comprehensive project budget / cost estimate for the work. We will utilize the initial costing performed by the City's outside contractor for construction costs, and pull information from local vendors for additional Owner's work to be performed such as Telecom, Data and Furnishings. Though not included in the base scope of service at this time, at the request of the Owner we can engage a professional cost estimator to review and provide a detailed probable estimate of construction costs for their uses. (iii) Plan Check Submittal / Comments. At the end of the CD phase, the Architect will prepare the required documentation for submittal to the authorities having jurisdiction for review and approval of the proposetl work, The approved documents will become the basis for the bid documents for this work. ,- Biddin~& Neqotiation Phase: (i) The Architect, following the approval of the Construction Documents, shall assist in the bid process. The scope of services inclutles the preparation of initial document packages antl addenda which will be issued by the City Staff. (ii) Architect shall provide the Owner a complete set of electronic drawing files and black and white 8%z inch by 11-inch Project specifications for their uses in bidding the project in - Adobe Acrobat PDF format. " 10. Construction Administration Phase: (i) The Architect's responsibility to provitle basic services for the Construction Phase under this Agreement commences with the Notice to Proceetl for Construction.. We have estimated the duration of normal construction operations for this project should be 12 weeks running from the Notice to Proceetl, until final punch list work is complete, and will limit our scope work in this phase to this duration. We include the following work as a part of this scope of service: Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 4 of 8 ~'' ' ' ~ , t ~ • Review and response to General Contractor's written requests for information (RFI's). • Review of product submittals for compliance with project documents. • Review of Contractor's M,E,P, and FS design-build documents for compliance with the project tlocuments and specification criteria. Contractor's design-build engineers wili be the project engineers of record for these portions of work. • Attentlance at weekly project meetings to be held at the project site, • Issuance of field reports as is necessary • Review of final work product and issuance of a punch list for any corrective action required at the end of the project construction period. ~ (ii) The Architect shall provide administration of the Construction Contract as set forth in AIA Document A201, General Conditions of the Contract for Construction (1987 Edition), together with, and as amended by the Owner's supplementary general conditions and other documents included or incorporated into the Construction contract. (iii) The Architect shall visit the site at appropriate intervals to become generally familiar with the progress and quality of the work eompletetl and to determine in general if the work is being performed in a manner indicating that when completed will be in accordance with the Contract Documents. However, the Architect shall .not be requiretl to make exhaustive or continuous on-site observations. Architect has allowed for a total of 12 site visits. The Architect shall keep the Owner informed of the progress and quality of the work and shall entleavor to guard the Owner against defects and deficiencies in the work. The Architect shall issue written field reports of such (iv) The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Architect shall not be _responsible for the Contractor's schetlules or failure to carry out the work in accortlance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. (v) Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorizetl, the Owner, the Architect and Contractor shall communicate through the Owner. Communications by antl with the Architect's consultants shall be through the Architect. (vi) The Architect shall notify the City regartling any work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or atlvisable for implementation of the intent of the Contract Documents, the Architect shali have authority, with approval of the City, to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work is fabricated, installetl or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 5 of 8 . ~ y ~a~ a~ and equipment suppliers, their agents or employees or other persons performing portions of the work. (vii) The Architect shall review and approve or take other appropriate action upon the Contactor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shali be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor, or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of tletermining the accuracy antl completeness of other detaifs such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, afl of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's reView shall nof constitute approval of safety precautions or, unless otherwise specifically stated by the -~ Architect,_ of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component, (viii) The Architect shafi review and assist the Owner as directed in preparing Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary, for the Owner's approval and execution in accordance with the Contract Documents. (ix) The Architect shall assist the Owner in the inspection and review of the work to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and relatetl documents requiretl by the Contract Documents and assembletl by the Contractor. (x) lnterpretations and tlecisions of the Architect shall. be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. (xi) The Architect shall render written opinions as requested by the~Owner within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. (xii) Because of the nature of the public bid process, the Architect can not influence the selection of the General Contractor to ensure a capable Contractor, incented to perform the work as drawn, is selected to perform the work. The current bid market has pravided for a very competitive bid climate where Contractors are incented to bid low and attempt to make up costs with large quantities of construction paperwork and change order requests. As the Architect is required to participate in tne process initiated by the Contractor, they have no ability to control their time expenditures during this phase of work. The work notetl will be performed on an hourly basis, to the initial cap indicatetl in this proposal. Consulting Services Agreement between City of Dublin antl Dahlin Group--Exhibit A Page 6 of 8 1 1 , a~ 11. Pro~ect Close Out: (i) The Architect will provide the City with the following; AutoCAD (current version) base files of building for FM use (detail bubbles and keynotes removed), Atlobe Acrobat PDF copy of all plot sheets, including current / construction revisions with all notes, etc. Adobe Acrobat PDF copy of all construction sketches (ASK, SSK, etc.) MS Word copy of all project manual sections. 12. Project Meetings: The Architect has allowed for the following number of review meetings to complete the above scope of services. All meetings are assumed to be held at the City of Dublin City Center project site. Additional meetings or presentations will be provitled as an additional service when requested by the City. Schematic Plan Review City Staff 2 Construcfion Documents City Staff 2 Construction Administration City Staff / Contractor 12 1.3. Renderinqs: Architect has not included any color or other rentlerings for this scope of work. 1.4, Revisions: Architectural work that is requiretl to be revisetl after program or schematic design approval due to changes by the City shall be done as an additional service on an hourly basis. Revisions required by the Building Department for permit are inclutletl in the project scope and fee. 15. Work Not Inclutletl: The following items are not included within the project scope or fee: a. M,E,P, and FP services will be design-builtl only. We will provide performance specifications for these portions of work within the fee proposed below. b. Detailetl furnishings layout or pricing. The Architect will provide generic layout and initial estimates for installation and take down of a single modular cubicle area for preliminary ~ butlget estimating purposes only. It is assumed the Owner will engage a furniture vendor to supply and rework furnishings, including the generation of specific installation plans as required to complete this portion of the work. The furniture vendor will be required. to identify all specialty Electrical, Telecom and Data connections requiretl for their furniture systems. , c. Renderings, models or graphic presentation material other than those specifically listetl. d. Public presentations or public meetings. ~ e. Phase building, multiple permits, multiple bitl sets, or fast track construction. f. Consultant services, other than those specifically listed. Consulting Services Agreement between City of Dublin antl Dahlin Group--Exhibit A Page 7 of 8 ~t ~~ C?~~ V" ~~ 16. Fee Schedule: Services shall be compensated with the following fixed fees: a) As Built Documents (hourly estimate) $2,000 Concept Design / Design Development $8,000 Construction Drawinqs / Book Specifications $26,000 SU BTOTAL . $36,000 Bidding $2,500 Construction Site Meetings $11,750 Construction Administration (hourly estimate) $25,450 SUBTOTAL $39,700 TOTAL $75,700 b) Structural Engineering (hourly estimate) $3,000 c) Reimbursable Expenses (estimate) $5,000 19. Retainer: An initial payment of $5,000 shall be made upon execution of this Agreement and cretlitetl to the City's account at final payment. 20. Work Suspension: Architect may suspend work if payment is more than 90 days due. Architect may resume work after past due amounts are paid and acceptable arrangements are made to continue future timely payments. Architect will provide a written notice, to the Cify, fifteen (15) days prior to suspension of work. 21. Reimbursable Expenses: Reimbursable expenses will be billed directly to the Owner per the attached schedule of charges and include standard mail, express, local courier or overnight delivery, printing of plans and specifications for the Owner's uses. Architect will not charge for local travel, automobile mileage, telephone or fax. Overnight delivery services will only be used when specifically requestetl by the City antl are not included in the reimbursable expenses. End of Exhibit A. Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 8 of 8 ~~ ~~ ~ EXHIBIT B 2011 BASIC HOURLY RATE SCHEDULE Doug Dahlin - Founder $235 Senior Principal $210 Principal $190 Senior Architect, Project Manager, Planner, and Designer $160 Architect, Project Manager, Designer $130 Pianning Project Manager and Digital Graphics Manager $130 Senior Graphic Artist $130 Designer/Drafter III, Planner III, Graphic Artist III $115 Designer/Drafter II, Planner II, Graphic Artist II $104 Designer/Drafter I, Planner I, Graphic Artist I $ 94 Intern and Clerical $ 65 DIGITAL IMAGING STUDIO Digital Imaging Studio Director $165 3D Senior Project Manager $150 3D Project Manager $140 3D Illustrator III $120 3D Illustrator II $110 3D Illustrator I ~ $100 3D~Video Coordinator $ 9p Intern/Clerical $ 65 Computer Plotting (Grayscale) (24" x 36" sheet - bond)) $ 7.26 I Sheet (30" x 42" sheet - bond) $10.59 / Sheet Computer Plotting (Color) (8,5" x 11" sheet) Standard Paper $.65 / Sheet (8.5" x 11" sheet) Heavy Matte Paper $.85 / Sheet (11" x 17" sheet) Standard Paper $2.10 / Sheet (11" x 17" sheet) Heavy Matte Paper $2.50 / Sheet Oversize Computer Plotting (Color) $4.00 ~ sq. ft. Oversize Grayscale Plotting on Bond Paper (Finishetl Graphics, rendering) $2.75 / sq. ft. Oversize Grayscale Plotting on Vellum $ 2.93 / sq. ft. Line Print for Graphics (Black and white iine print on special paper that accepts marker) $2.00 / sq. ft. Consultant fees, ~additional vendors, outside services, printing, graphic materials, telephone, and similar project related expenses: 1.15 x biliing. Expert Witness rate at 3x Billable Rate. Travel time at Basic Hourly Rate. Travel mileage outside the Bay Area at $ 0.50 per mile. Invoices are due upon presentation and become delinquent if not paid within 45 days of invoice tlate. Past due invoices are subject to a late charge of 1.5 percent per month. Rates effective through December 31, 2011 Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit B Page 1 of 1