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HomeMy WebLinkAboutReso 62-11 Civic Ctr Architect PlanRESOLUTION NO. 62 - 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. PASSED, APPROVED AND ADOPTED this 7th day of June, 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti NOES: None ABSENT: Councilmember Hildenbrand ABSTAIN: None A~.-~ Mayor ATTEST: ~ ~PSC't City Clerk Reso No. 62-11, Adopted 6-7-11, Item 4.7 Page 1 of 1 ~'~ COMSULTING SERVICES AGREEMENT BETINEEN THE CITY OF DUBLIN AND DAHLIN GROUP, INC. ~ THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and. 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 tlescribed 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 completion of the Dublin Civic Center Improvements, and ~ Consultant shall complete the work describetl 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 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 Pertormance. Consultarit shall perform all services required pursuant to this Agreement in the manner and according to.the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in . which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the ~ standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Pe~sonnel. 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 obligatioris hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consulfant a sum to an initial cap not to exceed $83,700, notwithstanding any contrary indications that may be contained in ConsultanYs proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event that hourly seNices reach the initial estimated cap indicated on Exhibit A, Architect will not proceed without written approval by the City.. In the event of a conflict betweerr this Agreement and Consultant's proposal, attached as Exhibits A and B, regarding the amount of compensation, the Agreement shatl prevail. City shall pay Consultant for services rentlered 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 and Dahlin Group Page 1 of 14 r -- - ~ Exhibit A . ~ , a~ Except as specifically authorized by City, Consultant shall not bifl 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 basetl upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequentiy, 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 hes no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs ~ incurred prior to the invoice date. Invoices shall contain the following information: ~ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; . ~ The beginning and ending dates of the billing period; ^ A Task Summary containing the original contract amount, the amount of prior billings, the total tlue 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; a 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; a The Consultant's signature. 2.2 Monthly Pavment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 ~~ Final Payment. City shal( 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 Pavment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. Excepf for the compensation far services rendered and reimbursable expenses beyond those identified in Section 2, City shall not pay any additional sum for . any expense or cost whatsoever incurred ~y Consultant in rendering services pursuant to Consulting Services Agreement between City of Dublin antl Dahlin Group Page 2 of 14 ~ ~ tliis 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 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 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 executed change order 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 6cpenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded without written approval by the City. 2.7 Pavment 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 Gity 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. 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 authorizetl to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from tlie 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 listetl in this section, and only untler the terms and conditions set fo~th 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 tliscretion of City. In no evenf shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-tlistance telephone or other communication charges, vehicles, antl 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 injunes 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) antl 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 Empfoyer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shal! 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 Califomia Labor . ~ Code. Determination of whether a self-insurance program meets the standartls 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, 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) tl~ays' prior written notice by certified mail, return receipt requestetl, has been given to the City. Consulfant shail nofify City within 14 days of notification from Consultant's insurer if such coverage is suspended; voided or reduced in coverage or in limits. Consulting Services Agreement between City of Dublin and Dahlin Group Page 4 of 14 , ~~ l 4.2 Commercial General and Automobile Liabilitv Insuranc.e. 4.2.1 General requirements. Consultant, af its own cost and expense, shall maintain . commercial general and automobile liability insurance for the term of ttiis 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 . performed under this Agreement or the gerieral 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 tlamage to property resufting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum sco~e of coveraqe. Commercial. general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form - CG 0001 (ed. 11188) or Insurance Services Office form number GL 0002 (ed. 1173) 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, 12190) 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 added as an endorsement to the policy: 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 insurance shall cover on an occurrence or.an accident basis, and nof _ 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, Consutting Services Agreement between ~ City of Dublin and Dahlin Group Page 5 of 14 t_ .~: ~ 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. An endorsement shall state that coverage shall not be canceled 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 ConsultanYs 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 D.OLLARS ($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 maintainetl 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. 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 tlate of this Agreement, Consultant must pro~ide 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.. . Consulting Services Agreement between City of Dublin and Dahlin Group Page 6 of 14 . ~' ~ ~' 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 entlorsements 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 subcontracto~s shall be subject to a11 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 detluctibles or self-insured retentions witii 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 administ~ation, 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 retlucetl, limited, or matenally affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possib~e ~ opportunity and in no case laterthan five days after Consultant is notified of the change in coverage. Consulting Services Agreement between - City of Dublin and Dahlin Group . Page 7 of 14 ,,~. _~a -~~~- :- - _ - ~ 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 requiretl, City may, at its sole option exercise any of the following remedies, which are altematives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ~ B~Obtain such insurance and tleduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; a Ortler Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withholtl any payment, until Consultant tlemonstrates 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, emplojrees, 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 fhe duty of Consultant to indemnify and hold harmless includes the duty to tlefend as set forth in Section 2778 of the Califomia 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. 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, defend, and hold harmless City for the payment of any employee andlor 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. Consulting Services Agreement between City of Dubiin and Dahlin Group Page 8 of 14 ,/_ ~ Section 6. STATUS OF CONSULTANT. ; ` ~ 1 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an intlependent contractor and shall not be an employee of City. City shall have fhe 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 controi 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, antl subcontractors provid'ing 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 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 hereunder. 7.3 Other Governmental Regulations. .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. Corisultant represents and warrants to City that C~nsultant 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 Equa! 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 _ :~;4~~ , ~~ )~` ~~~ -. ~ 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 fetleral, state, antl local {aws, policies, rules, antl 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 tliis Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND NiODIFICATION. 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 performetl 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 provitled to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole antl exclusive discretion, extend the end date of this Agreement beyontl that providetl 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 granfs 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 wnting signed by all the parties. ~ 8.4 Assiqnment and 5ubcontractinq. City and Consultant recognize and agree that this Agreement contemplateslpersonal 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 antl 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 Consulting Services Agreement between City of Dublin arid Dahlin Group Page 10 of 14 -, ,- ~a ~ `~`~ ~ 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; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work producf 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 woultl 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 refate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 ~ Consultant's Books and Records. Consultant shall maintain any and all {edgers, books _ of account, invoices, vouchers, canceled checks, and othe~ 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. Consulting Services Agreement between ~ City of Dublin and Dahlin Group Page 11 of 14 ~3~ ~ 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 wntten request of the City. Under Californis Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000:00), the Agreement shall be subject to the examination and audit of the State Auditor, at the 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 Attorneys' Fees. .if a party to this Agreement brings any action, inclutling 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 partjr 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 eyent 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 fhe United States District Court for the Northern District of California. 10,3 Severability, If a court of competenf jurisdicfion finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement nof so adjudged shall remain in full force and effect. The invalitlity in whole or in part of any provision of tfiis Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. ~10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written stutlies 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 lnterest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regartlless of location, wou(d place Consultant in a"conflict of interest," as that term is defined in the Political Reform Act, cotlified at California Govemment Code 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 financial interesk 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 untlerstands ~that, if this Agreement is made in violation of Govemment Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for seNices performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be requiretl to reimburse the City for any sums paitl 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 ~ Qublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attachetl hereto and incorporatetl herein as Exhibits A and B, represents the entire and integrated agreement betweeri City and Consultant and supersedes all prior negotiations, representations, or ~ agreements, either written or oral. Consulting Services Agreement between ~ City of Dublin and Dahlin G~oup Page 13 of 14 ~~~ ~~. ~ 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 ~ , %/ ~/~ ~ Karl Danielson, Vice President ~ Dahlin Group, Inc. ~ C-11201 Exp 11/11 ~ Page 14 of 14 ~ r ^,~' . . ' . ' ' 'd ~ .. ~ ~ . ~ EXHIBIT "A" ~ DUBLIN CIVIC CENTER INiPROVENiENTS Project Description: The existing Dublin City Center. wiil be renovated based on the program information provided at our project site wafk 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~l frames, etc. will be designed 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 bid per prevailing public contract guidelines as is the requirement for the City of Dublin. Existinq Drawinc~s / Documents: The City of Dublin will provide Dahlin Group with all electronic copies of the existing building available via PDF and CAD. Any time requiretl to generate new base "as-built" CAD documents for the execution of the project work will be performed on an hourly basis. 3. Green Buildinq DesicLn: The proposed remodel work will utilize industry recognized best practices for .green building design where these can be implemented without a large dollar cost to the project. It is not the intent, nor will we generate tlocumentation to submit the project for certification under the USGBC / GBCf - L.E,E.D. construction rating or any other third party green building certification system. 4. Design Review: The project design / layout will be reviewed and approved internafly by City Staff antl ~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 additional meeting time has been added 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 provide the following consultant services for the remodel project: • Architectural • Electrical AV Equipment Installation • Structural (Hourly'review and design for specific conditions as required) • M, P; E, FS Performance Specifications and Design Build 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/build basis through the General Contractor. ~ Buildinc~/ Site Accessibilitv Upgratles: The existing site and building will be required to be upgradetl to meet current guidelines for facility accessibility per 2010 CBC chapter 11, section 11346 - Accessibility for Ezisting Buildings. Portions of the project are being undertaken stnctly for accessibility compliance and are exempted from this requirement in the CBC. The current anticipated total cost of the project, inclutling voluntary accessibifity upgrades is set at $650,000.00. The Owner and Architect will need to perform a final review the project scope of Cansulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 1 of 8 ~~i ~ work with the Building Official to tletermine the limit, extent, and final dollar amount of accessibility rework required for the existing facilities beyontl this project's intended scope of work. Based on our cursory visual review af 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; tlomes are missing from the path of travel at the bottom of the existing curb-ramp leading to the accessible parking area loatling 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 antl associated plumbing and accessories; there were several existing built-in counter tops that were within the project areas that appeared to be insfalled fo high and would need to be removed and reinstalled at appropriate heights for disabled access. Provision of accessible counters; a new accessible "seat heighY' counter top will be providetl as parf of the remotlel 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 public and staff at each side of an accessible height counter. The center section of the. existing counter, inclutling base cabinets, will be removed and replaced with an accessible height transaction counter. The counter will be set with a central wall and sides that divide the seating areas into indivitlual 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 need to be wired for Data and Telecom services for the Ciry Sfaff. • (ii) Public Offices - 2°d Floor office walf installation; the existing counter and transaction area will be removed 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 door and wall at the storage area will be removed and new workstations wilf be installed at this location to match the existing adjacent area. A new wall will be installed 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 15~ floor office noted above. ~ (iv) ~ Police Offices - reception area upgrade; the existing reception area transaction counter will be remodeled to an accessible height with a ballistic slide tray. We will provide a ~~narrative for design options for consideration for upgrades to the existing trarisaction wall and glazing to incorporate levels of bal(istic profectian. Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 2 of 8 ^.%C ~ (v) (vi) . ~ - . !~ . ~~f Police Offices - locker room remodels; the existing men's and women's locker room areas will be remotleled 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 under 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. ~ 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. Devefop project specifications. 3. Prepare Consfruction Documents - Power and Telephone Data wiring for the new AN 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 develop final punch list. Additional Services i. Any other work not requested and not specifically included in the project tlescription and scope of work. ii. Changes or revisions required as a result of change in the established Basic Design Services or in previously approved documents. iii. Redesign due to change of the Owners concept or in issued plans/drawings. iv. Preparation of models, mock-ups, renderings, etc. v. Pr,eparation 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. . AN system design. xiv. Lighting design. We understand there will~be no lighting changes, as the project will not have any video conferencing. 8. Construction Documents; (i) Based on the approved plan layouts, Dahlin 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, fhese documents shall inclutle: Consulting Senrices Agreement between - City of Dublin and Dahlin Group--Exhibit A Page 3 of 8 i~ ~ ~ a. Titie 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, building occupancy and exiting plans. These plans will illustrate the existing conditions for occupancy, exiting and intlicate 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 antl Telephone / Electric) as required to describe work to be performed by contractor f. Reflectetl Ceiling Plans as required to describe work to be performed by contractor _ g. Interior Elevations as requiretl to describe new work and finishes required h. Architectural Details . i. Book type specifications (ii) Project Cost Estimate.. The Architect will work with the City Staff to generate a comprehensive project budget I 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 fhis 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 I 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 proposed work, The approved documents will become the basis for the bid tlocuments for this work. ; Bitlding & Negotiation 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 tlocument packages and addenda which will be issued by the City Staff. (ii) Architect shall provide the Owner a complete set of electronic drawing files antl 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 provide basic services for the Construction Phase under this Agreement commences with the Notice to Proceetl for Construction.. We have ~ estimatetl 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 pa~t of this scope of service: . Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 4 of 8 1~ y `, ~ ~ ~ Review and response to General Contractor's written requests for information (RFI's). Review of protluct 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 will be the project engineers of record for these portions of work. Attendance at weekly project meetings to be held at the project site. Issuance of field reports as is necessary Review of final work protluct antl issuance of a punch iist 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 amendetl 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 required 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 - endeavor 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 tiave 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 schedules or failure to carry out the work in accordance with the Contract Documents. The Architect shall not have control over or charge o.f 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 and with the ArchitecYs consultants shall be through the Architect. (vi) The Architect shall notify the City regarding any work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for ~implementation of the intent of the Contract Documents, the Architect shall have authority, with approval of the City, to require additional inspection or testing of the work in accortlance with the provisions of the Contract Documents, whether or not such work is fabricated, installed 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 sfiall 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 6 ~, . ~~a~ and equipment suppliers, their agents or employees or other persons performing porfions . 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 confocmance with information given and the tlesign 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 ArchitecYs professional judgment to permit atlequate review. Review of such submittals is not . conducted for the purpose of tletermining the accuracy and completeness of other details 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 ArchitecYs review shafl not 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 itern is a component. . (viii) The Architect sha(I review and assist the Owner as directed in preparing Change Ortlers and Construction Change Directives, with supporting documentation antl 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 inspecfion antl review of the work to determine the date or dates of Substantial Completion and the date of finat completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by fhe Contract Documents and assembled by the Contractor. (x) Interpretations and decisions 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 ~. tlrawings. (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 bitl 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 provided 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 ortler reqtiests. As the Architect is required to participate in the process initiated by the Contractor, they have no ability to control their time expenditures during this phase of work. The work noted will be performed on an hourly basis, to the initial cap intlicated in this proposal. Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 6 of 8 11. Proiect Close Ouf: ! ~ a~ (i) The Architect will provitle the City with the following; AutoCAD (current version) base files of building for FM use (tletail bubbles and keynotes removed), Atlobe Acrobat PDF copy of all piot 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 Meetinqs: 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 provided as an additional service when requested by the City. Schematic Plan Review 1 City Staff 2 Construcfion Documenfs City Staff Construcfion Administration City Staff / Contractor 12 13. Renderinqs: Architect has not included any cofor or other rendenngs for this scope of work. 14. Revisions: Architectural work that is required to be revised after program or schematic design approval due to changes by the City shall be done as an adtlitional service on an hourfy basis, Revisions required by the Building Department for permit are included in the project scope and fee. 15. Work Not Included: The following items are not included within the project scope or fee: a. M,E,P, and FP services will be design-build only. We will provide performance specifications for these portions of work within the fee proposed below. b. Detailed furnishings layout or pricing. The Archifect will provide generic layout and initial estimates for installation and take down of a single modular cubicle area for preliminary ~ budget estimating purposes onfy. It is assumed the Owner will.engage a furniture vendor to suppiy and rework fiumishings, 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 required for their furniture systems. . c. Renderings, models or graphic presentation material other than those specifically listed. d. Public presentations or public meetings. ~ e. Phase building, multiple permits, multiple bid sets, or fast track construction. ~ f. Consultant services, other than fhose specifically listed. Cansulting Services Agreement between ~ ~ City of Dublin antl Dahlin Group--Exhibit A Page 7 of 8 t'l 16 19 Fee Schedule; Services shall be compensated with the foliowing fixed fees: a) As Built Documents (hourly estimate) $2,000 Concept Design I Design Development ~ ^$8,000 Construction Drawinqs I Book Specifications $26,000 SUBTOTAL . . $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 c~~~`~ Retainer: An initial payment of $5,000 shall be made upon execution of this Agreement and credited to the City's account at final payment. 2Q. Work Suspension; Architect may suspend work if payment is more than 90 days tlue. Architect may resume work after past due amounts are paid and acceptabie arrangements are made to continue future timely payments. Architect will provide a written notice, to the City, 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 incfude 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 tlelivery services will only be used when specifically requested by the City and 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 a~ a~ ~ EXHIBIT B 2011 BASIC HOURLY RATE SCHEDULE Doug Dahlin - Founder $235 Senior Principa! _ $210 Principal $190 Senior Architect, Project Manager, Planner, antl Designer $160 Architect, Project Manager, Designer $130 Planning Project Manager antl Digital Graphics Manager $130 Senior Graphic Artist . $130 Designer/Drafter III, Planner III, Graphic Artist III $115 DesignerlDrafter II, Planner II, Graphic Artist II $104 Designer/Drafter I, Planner I, Graphic Artist I $ 94 Intem and Clerical $ 65 DIGITAL IMAGING S7UDI0 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 3DNideo Coordinator $ 90 Intem/Clerical $ 65 Computer Plotting (Grayscale) (24" x 36" sheet - bontl)) $ 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 I 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 I sq. ft. Oversize Grayscale Plotting on Bond Paper (Finished Graphics, rendering) $2.75 ! sq. ft. Oversize Grayscale Plotting on Vellum $ 2,93 / sq, ft. Line Print for Graphics (Black and white fine 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 billing. 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 date. 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 Rage 1 of 1