HomeMy WebLinkAbout4.14 Emerald Glen Rec Aquatic Complexor
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DATE:
TO:
STAFF REPORT
CITY COUNCIL
August 19, 2014
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -35
FROM: Christopher L. Foss, City Manager "
SUBJECT: Contract Amendment with Dahlin Group for Architectural Design Services
Prepared by Brent C. Smith, Parks and Facilities Development Manager
EXECUTIVE SUMMARY:
The City Council will consider a contract amendment with Dahlin Group for architectural design
services for the Emerald Glen Recreation and Aquatic Complex. The amendment is for the
expanded scope of project work that was approved by the City Council on December 17, 2013.
FINANCIAL IMPACT:
As approved in the 2014 -2019 Capital Improvement Program, the total project budget for the
Emerald Glen Recreation and Aquatic Complex is $35,245,280. The cost of the additional
services under the proposed Amendment is $503,320. Sufficient funding is available in the
project budget to approve the Amendment with Dahlin Group.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution Approving the Amendment to the
Agreement between the City of Dublin and Dahlin Group for Additional Services for the Emerald
Glen Recreation and Aquatic Complex.
� r
Submitted By l Reviewed By
Parks and Community Ser ices Director Assistant City Manager
DESCRIPTION:
The City Council originally adopted Resolution 185 -08 (Attachment 1) on October 7, 2008 that
approved an Agreement with Dahlin Group for architectural design services for the Emerald
Glen Recreation and Aquatic Complex. In 2009, due to the economic downturn, the City Council
directed Staff to suspend the project. On October 16, 2012, the City Council adopted changes to
the building and phasing plan for the Complex and directed Staff to re -start the project. On
December 4, 2012, (Attachment 2) the City Council approved an amendment to the original
Agreement with an updated scope of services. On July 16, 2013, the City Council approved a
Page 1 of 2 ITEM NO. 4.14
second modification to the contract (Attachment 3) based on the City Council's approval of the
Concept Master Plan, which increased the size of the building in the first phase and included the
final phase of park improvements.
The current contract amendment being proposed by Dahlin Group covers various components
of the project based on the improvements approved by City Council on December 17, 2013;
below are some of the more significant items-
1 . Expansion of pool deck areas and requisite grading, drainage, and utilities;
2. Additional lighting and power utilities;
3. Additional landscape and irrigation design;
4. Redesign and enlargement of the sport pool;
5. Additional fence and retaining wall elements;
6. Addition of exterior building for sport pool toilets and storage;
7. Expansion, reconfiguration and enhanced structural design of the roof for the indoor pool;
8. Construction coordination of Public Art feature;
9. Additional Environmental impact reporting;
Attachment 4 is a Resolution approving the Amendment to the Agreement, with the Request for
Additional Services and Scope of Services as Exhibit A to the Resolution.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of the Staff Report was sent to Dahlin Group.
ATTACHMENTS: 1. Staff Report — Original Agreement on October 7, 2008
2. Staff Report - First Amendment to Agreement on December 4, 2012
3. Staff Report - Change Order to Agreement on July 16, 2013
4. Resolution approving Amendment to Agreement with Request for
Additional Services with Amendment to Agreement as Exhibit A
Page 2 of 2
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1 "I,'
CITY CLERK
File # 016110la-1101
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 7, 2008
SUBJECT: Consultant Services for Emerald Glen Recreation and Aquatic
Complex Design
Report prepared by Paul McCreary, Assistant Director of Parks and
Community Services
ATTACHMENTS: 1. Resolution approving Agreement with Dahlin Group Architecture
Planning.
RECOMMENDATION: Adopt Resolution.
FINANCIAL STATEMENT: The total cost of services is $2,039,500 plus up to $50,000 for
reimbursable expenses. Sufficient funds are available to execute the
agreement.
DESCRIPTION: The 2008 -2013 Capital Improvement Program includes a project to
design and construct the Emerald Glen Recreation and Aquatic Complex. The project will be funded
solely by impact fees charged on new development. The Fiscal Year 2008 -2009 budget includes funding
to begin the design.
PROJECT DESCRIPTION
Phase I includes 35,895 square foot facility with a gymnasium, fitness center, game room/teen center,
group exercise /dance studio, special events room, juice bar, locker rooms, administrative offices and the
spaces needed to support the swimming pools. The facility will have two swimming pools including a
leisure and instructional pool (6,675 s.f.) and a 25 -meter by 25 -yard (6,150 sf) deep water competition
pool. The total project budget for Phase I is $19.6 million.
Phase II includes a 12,140 square foot natatorium building to enclose one of the pools constructed in
Phase I to make it a year -round indoor aquatic facility. Construction of this phase is beyond the time
frame of the current Capital Improvement Program and funding will need to be identified Fees in order to
proceed with construction. The total estimated cost of Phase 11 is $6.5 million.
COPY TO: Dahlin Group Architecture Planning
Pagel of 3
ITEM NO. 4. q_
71
ARCHITECT SELECTION
At the August 5, 2008 meeting, the City Council directed Staff to form an Architect Selection Committee
comprised of the Vice Mayor, a representative of the Parks and Community Services Commission, the
City Manager, Parks and Community Services Director, Assistant Director of Parks and Community
Services, Parks and Facilities Development Manager and Recreation Supervisor for Sports and Aquatics.
Staff distributed a Request for Proposals for architectural services in July 2008. Six firms submitted
proposals. The firms were BSA, Carrier Johnson + Culture, Dahlin Group Architecture Planning, Field
Paoli, Form4, and WLC. The Architect Selection Committee interviewed all six firms.
Based on the interviews, and relevant experience and capabilities of the design teams proposed by the
firms, the Selection Committee's top pick was Dahlin Group Architecture Planning. The Dahlin Group
provided the City with the qualifications that were most closely suited to the City's requirements for the
project. Dahlin Group Architecture is an award winning international design firm. The firm has expertise
in designing recreational facilities with amenities similar to the Emerald Glen Complex, including:
• C1ubSport, Pleasanton, Fremont, Oakland, San Ramon and Oregon
• Renaissance C1ubSport, Walnut Creek and Aliso Viejo
• Oakwood Athletic Club, Lafayette
• Sun City Anthem, Henderson Nevada
• Oak Park Gymnasium, Sacramento
• YMCA, Alamo, Oakley and Walnut Creek
• Creekside Recreation Center, Rossmoor
Dahlin Group Architecture Planning also designed the new Shannon Community Center and the award
winning Dublin Senior Center.
Founded in 1976 Dahlin Group is lead by a management team of twelve principals and 180 professionals
from offices in Pleasanton, San Francisco, Solana Beach, and Beijing, China, including architects,
planners, designers, graphic artists, and computer renderers.
Dahlin Group has assembled an excellent team of sub - consultants for the project. The swimming pool
sub - consultant is Aquatic Design Group. They have 24 years of experience designing competition,
recreation and leisure -based aquatic facilities, with representative projects from municipalities, colleges
and universities, high schools, resort hotels, water parks and theme parks. The landscape architect for the
project is Carducci and Associates, which was the firm responsible for the design of Phases II and III.of
Emerald Glen Park.
Staff has conducted reference checks on the firm and their key sub - consultants and recommends
approving an agreement with Dahlin Group.
AGREEMENT AND SCOPE OF SERVICES
Attachment 1 is a Resolution approving the Agreement between the City of Dublin and Dahlin Group
Architecture Planning. The Consultant Services Agreement is shown as an attachment to the Resolution.
Exhibit A contains a detailed scope of work and fee proposal. Following is a summary of the fee
proposal.
Page 2 of 3
Phase I —
Site & Program Assessment
Phase II —
Conceptual Alternatives
Phase III — Schematic
Design
Phase IV —
Design Development
Phase V —
Working Drawings
SUBTOTAL
Phase A — Bidding
Phase VII — Construction Administration (12 months)
SUBTOTAL
TOTAL FIXED FEE
E.I.R. Negative Declaration Documents
Theme Signage
TOTAL WITH ALLOWANCES
$20,000
$239,500
$342,000
$589,000
$582,000
$1,772,500
$10,000
$212,000
$222,000
$1,994,500
$25,000 allowance
$20,000 allowance
$2,039,500
Estimated Reimbursable Expenses (printing, binding, etc) $50,000
Additional Construction Administration Services $10,000 per month
It should be noted the scope of services includes the design of the natatorium planned for Phase II only
through Design Development; no construction documents will be prepared for Phase H. The total cost of
the design of the natatorium is $270,000 and is included in the fee schedule above.
The public input process as contained in the scope of work includes two public input workshops to affirm
the proposed program and guide the development of three conceptual designs. The scope also includes
three meetings of the Parks & Community Services Commission and three meetings of the City Council to
review the proposed building design at Conceptual Design, Schematic Design, and Design Development.
If the Council approves the agreement with Dahlin Group design would begin in November 2008.
Construction would begin in spring 2010 and be completed in time for a summer 2012 opening.
RECOMMENDATION: Staff recommends the City Council adopt the Resolution approving
the Agreement with Dahlin Group Architecture Planning.
Page 3 of 3
RESOLUTION NO. XX -08
I I 3 C)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING
FOR ARCHITECTURAL DESIGN SERVICES FOR THE
EMERALD GLEN RECREATION AND AQUATIC COMPLEX
WHEREAS, the City of Dublin has included the Emerald Glen Recreation and Aquatic Complex
in the 2008 -2013 Capital Improvement Program; and
WHEREAS, the City has solicited requests for proposals for Architectural design services for the
Emerald Glen Recreation and Aquatic Complex,; and
WHEREAS, the City received six proposals for Architectural design services, interviewed all six
firms and selected Dahlin Group Architecture Planning; and
WHEREAS, Dahlin Group Architecture Planning has demonstrated adequate ability to perform
said Architectural design services; 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
approve the agreement with Dahlin Group Architecture Planning, attached hereto.
PASSED, APPROVED AND ADOPTED this 7 1 day of October 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
�ke�,��l•9 )017109
ATTACHMENT 1 C
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CONSULTING 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 ") and
Dahlin Group, Inc. ( "Consultant ") as of October 7, 2008.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first -class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed,
$2,089,500 notwithstanding any contrary indications that may be contained in Consultant's proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Consultant's proposal, attached .as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically authorized by City,
Consultant shall not bill City for duplicate services performed by more than one person.
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 1 of 13
31--30
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the services performed and reimbursable costs incurred
prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No.1 for the first invoice,
etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
• The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Retention. City shall retain 10% from each progress payment. Upon completion of each
phase of work as specified in Exhibit A, Section 24, City shall release the retention for that
phase pursuant to this Agreement within sixty (60) days after completion of the services
and submittal to City of the final invoice for that phase, if all services required have been
satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on Exhibit'B'.
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 2 of 13
q 130
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded without the City's
prior approval.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 3 of 13
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not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self- insurance program to meet those requirements, but only if
the program of self- insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self - insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self- insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled by either party, except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City. Consultant shall notify City, by certified mail, return receipt
requested, within 14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits. Furthermore, Consultant shall not
on its own initiative seek a reduction in coverage or in limits from its insurer.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non -
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (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 1 ( "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:
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 4 of 13
630
a. City and its officers, employees, agents, and volunteers shall, be covered
as insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers, employees, agents, or volunteers.
The insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self- insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled by either
party, except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City. Consultant shall
notify City, by certified mail, return receipt requested, within 14 days of
notification from Consultant's insurer if such coverage is suspended,
voided or reduced in coverage or in limits. Furthermore, Consultant shall
not on its own initiative seek a reduction in coverage or in limits from its
insurer.
For the purposes of Section 4.2.3 of this Agreement, the general
contractor selected by CITY to perform the construction of the facilities
designed by Consultant pursuant to Exhibit A of this Agreement, and any
subcontractors engaged by the general contractor, shall not be considered
agents of CITY.
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 TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self- insured retention shall not exceed $150,000 per claim.
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 5 of 13
4.3.2 An endorsement shall state that coverage shall not be canceled by either party,
except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City, by certified
mail, return receipt requested, within 14 days of notification from Consultant's
insurer if such coverage is suspended, voided or reduced in coverage or in limits.
Furthermore, Consultant shall not on its own initiative seek a reduction in coverage
or in limits from its insurer.
4.3.3 The following provisions shall apply if the professional liability coverages are
written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
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 coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein, except for the amount of Professional Liability
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 6 of 13
8a �30
Insurance required in Section 4.3 which shall be ONE MILLION DOLLARS
($1,000,000) for subcontractors.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self- Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self- insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self- insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self- insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 7 of 13
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 applicable and non - conflicting federal, state, or municipal law or ordinance,
to the extent caused, 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
negligent 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 to the extent from the negligence or
willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of
Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life,
damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance
by City of insurance certificates and endorsements required under this Agreement does not relieve
Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance policies
shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and
agrees to the provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
For the purposes of Section 5 of this agreement, the general contractor selected by CITY to perform the
construction of the facilities designed by Consultant pursuant to Exhibit A of this Agreement, and any
subcontractors engaged by the general contractor, shall not be considered agents of CITY.
Section 6. STATUS OF CONSULTANT.
6,1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the manner and means by which
Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary,
Consultant and any of its employees, agents, and subcontractors providing services under
this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
and all claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of City and entitlement to any contribution to be paid by
City for employer contributions and /or employee contributions for PERS benefits.
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6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program. Any requirements will be disclosed to the Consultant prior
to execution of this Agreement.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
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City of Dublin and Dahlin Group, Inc. Page 9 of 13
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 30 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 date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension.' City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and /or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
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that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
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.
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City of Dublin and Dahlin Group, Inc. Page 12 of 13
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 and Facilities Development Manager ("Contract Administrator "). All correspondence
shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Karl Danielson, Vice President
5865 Owens Drive
Pleasanton, CA 94588
Any written notice to City shall be sent to:
Herma Lichtenstein, Parks and Facilities Development Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped /sealed and signed by the licensed professional
responsible for the report/design preparation.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
Janet Lockhart, Mayor
Attest:
Caroline Soto, City Clerk
Approved as to Form:
CONSULTANT
Karl Danielson, Vice President
Dahlin Group, Inc.
John Bakker, City Attorney
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City of Dublin and Dahlin Group, Inc. Page 13 of 13
EXHIBIT "A"
EMERALD GLEN RECREATION AND AQUATICS COMPLEX
Project Description: The project is a +/- 36,000 sq. ft. facility with a gymnasium, fitness center,
game room /teen center, group exercise /dance studio, special event room, juice bar, locker rooms,
administrative offices, and spaces needed to support the swimming pools. The project will have
two swimming pools including a leisure /instructional pool ( +/ -6,675 sq. ft.) and a 25 -meter by 25-
yard ( +/- 6,150 sq. ft.) deep water competition pool. The construction budget for this work is $14.6
million.
The Architect will also design a +/- 12,140 sq. ft. natatorium building to enclose one of the
swimming pools to make it a year -round indoor aquatic facility. Construction of this phase is
beyond the time frame of the current Capital Improvement Program and funding will need to be
identified in order to proceed with construction. The estimated construction cost for the Natatorium
is $4.9 million. The Natatorium design documents will be completed through Design Development
Phase only. Construction Documents will not be provided.
2. Site Work: Site work will be limited to the area included within the work line on the Site Work Limit
map, "Exhibit A, Attachment 1 ". Work beyond the site, if required, will be by separate contract. A
site survey will be provided for the area identified on the Site Work Limit map. Site work will
include all work associated with the buildings, swimming pools, hardscape, landscape, and parking
areas.
3. Building Description:
a. The proposed building will be single - story, slab on grade, Type V, non -rated construction,
with a full fire sprinkler system. The building will be designed and certified as L.E.E.D.
Silver Rating.
b. The snack bar will serve pre - prepared food only. There will be no open flame cooking,
cooking hoods, or grease trap.
4. Design Review: The project will be reviewed and approved by the Parks and Community Services
Commission and the City Council. Design Review Board or Planning Commission approval is not
required.
5. Consultant Services: Architect will provide the following consultant services for the building and
site work:
• Structural
• Mechanical
• Electrical
• Plumbing
• Civil
• Landscape
• Interior Design
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Title 24 Energy Compliance
• Cost Estimator
• Audio Visual
• Signage
• Environmental
• Aquatic
Performance Specs only will be provided for Fire Protection and Fire Alarm. Construction
Documents for these will be provided on a design /build basis through the General
Contractor.
6. Environmental Impact Review: The project will not require a full Environmental Impact
Review, however a Mitigated Negative Declaration shall be prepared upon completion of
the design development phase. The Architect will provide an allowance for an
Environmental Consultant to prepare the documentation.
7. Geotechnical Engineer: The services of a Geotechnical engineer are required and will be
provided by the City.
8. Phase I: Site & Program Assessment:
Project Initiation. The Architect will initiate the Project, and set up a system for
documenting the Project and organizing communication.
(i) Project Kickoff Meeting. The Architect will convene a kick -off meeting, attended by
key participants representatives from the City of Dublin. The group will review and
confirm the Project schedule. Initial assignments will be identified and
communication lines will be established among Project participants. Minutes will
be kept and distributed.
(ii) Initial Site Tour. The Architect and representatives of the City, will tour the site to
introduce the Architect to key issues and problems.
(iii) Meeting Schedule. The Architect will confer with the key project participants and
prepare an initial list of interviews and meetings to be scheduled.
Based on the information gathered in this Project initiation stage the Architect shall prepare
an updated Project schedule, list of interviews and meetings, directory of Project
participants and minutes of the Project kickoff and distribute these materials to Project
participants.
(i) Review Existing Studies. The Architect will gather and review any existing studies,
reports or planning documents regarding the services and operations of the new
Emerald Glen Recreation and Aquatics Complex to become familiar with any
previous planning efforts and goals and objectives.
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Review City's Guidelines. The Architect will meet with the City's Planning,
Building and Public Works Staff, so that the Architect can learn of any other
building code, engineering, zoning or environmental constraints on the site. The
Architect will look at maximum footprint, setback, FAR and height restrictions.
Review City's Green Building Ordinance and Guidelines. The Architect will review
all pertinent green building information and determine base line strategies for
meeting the City's Goals for a LEED Silver rated building. Prepare an initial LEED
checklist and provide feedback on feasibility.
(iv) Architect will meet with the City to review the project program to establish the
required uses and square foot allocations.
(v) Architect will conduct a public workshop to review the program and solicit public
comment and prioritization for the project.
(vi) Based on the public and staff comments, the Architect will prepare a final project
program for the City's approval.
9. Pro 'ect Budget and Schedule:
(i) Establish a Firm Schedule and Budget. The Architect will meet with
representatives of the City to establish a firm schedule and budget for the Project.
The information the Architect gathers in that meeting will guide later portions of
work. The Architect will draw upon the Emerald Glen Recreation and Aquatics
Complex Feasibility Study by the Sports Management Group, augmented by
additional information from the Architect's cost estimator to set up a working
budget document that takes into account anticipated costs for construction, fees
and permits, construction management, tests and inspections, furnishings and
equipment, and change order contingencies.
(ii) Based on the information, the Architect will provide the City a preliminary budget
memo and a schedule document.
10. Phase II: Conceptual Alternatives:
(i) Conceptual Plan Configuration. Based on the approved project program, the
Architect will prepare a maximum of three (3) conceptual site and floor plans for
review by the City representatives. These plans should address concerns
regarding site constraints and building program requirements.
(ii) Architect will conduct a public workshop to review the conceptual plans and solicit
public comments.
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(iii) Develop Exterior Alternatives. The Architect will create a maximum of three (3)
exterior alternatives based on one (1) floor plan to receive City comments on style
and character.
(iv) Review with City. The Architect will meet with the City to review these design
options and receive input.
(v) Based upon the City's input the Architect will prepare presentation drawings for
Parks and Community Services Commission and City Council review.
(vi) Project Cost Estimate. The Architect will do a conceptual construction and overall
Project cost estimate at this phase, and will review it with construction and cost
consultants. Overall Project costs include construction, fees and permits,
furnishings and equipment, LEED requirements and contingencies.
(vii) Present to Parks and Community Services Commission and City Council. The
Architect will present these materials to the Parks and Community Services
Commission and City Council for its review and input. The goal is that both bodies
will make recommendations as to the preferred options for the site and floor plans,
and the exterior alternatives.
11. Phase III: Schematic Design:
(i) Based on the mutually agreed -upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the City, Schematic
Design Documents consisting of the following:
a. Code search on the building, including meeting with representatives of the
Community Development Department, Public Works Department, Fire
Department, DSRSD, PG &E and Alameda County Waste Management
Authority to determine relevant requirements.
b. Site Plans
c. Landscape Plans
d. Schematic Grading, Drainage and Utility Plans
e. Floor Plans
f. Exterior Elevations
g. Building Sections
h. Exterior Materials Board
i. L.E.E.D. Scorecard
j. Solar Study
(ii) Based upon the City's input the Architect will prepare presentation drawings for
Parks and Community Services Commission and City Council review. This should
include; site plans, landscape plans, building floor plans, exterior elevations,
Consulting Services Agreement between
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primary interior elevation, color and material selections and preliminary furnishings
suggestions.
(iii) Project Cost Estimate. The Architect will do an updated construction and overall
Project cost estimate at this phase, and will review it with construction and cost
consultants. If the more detailed plans show an increase in costs Architect should
be prepared to review design elements that can be adjusted to bring costs in line
with the City's budget.
(iv) Present to Parks and Community Services Commission and City Council. The
Architect will present these materials to the Parks and Community Services
Commission and City Council for its review and input.
12. Phase IV: Design Development Phase:
(i) Based on the approved Schematic Design Documents and any adjustments
authorized by the City in the schedule or construction budget, the Architect shall
prepare, for approval by the City, Design Development Documents consisting of
the following drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical
systems, materials and such other elements as may be appropriate or necessary
to enter the construction document phase. The Architect shall coordinate and
review design concepts with City maintenance personnel.
a. Building Code Analysis
b. Site Layout Plans
C. Landscape and Preliminary Irrigation and Planting Plans
d. Grading, Drainage and Utility Plans
e. Representative Site Details
f. Floor Plans
g. Roof Plan
h. Exterior Elevations
i. Building Sections
j. Representative Wall Sections and Related Details
k. Selected Interior Elevations and Enlarged Plans
I. Reflected Ceiling Plans
M. Preliminary Door, Window and Finish Schedules
n. Structural Plans and Sections and Typical Details
o. Mechanical and Electrical Layouts
P. Outline Specifications
q. Lighting cut - sheets
r. Access and Egress Plans
S. Audio /Video system
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(ii) The Architect shall submit to the City a more comprehensive Design Development
cost estimate based on current area, materials volume or other unit costs. The
preliminary cost estimate referred to in this paragraph and any adjustments thereto
shall indicate, in a level of detail satisfactory to the City, the cost of each category
or work involved in constructing the project.
(iii) The work of this phase shall include the following meetings. Meet with appropriate
representatives of the City of Dublin, County Agencies, DSRSD, Fish and Game,
and /or Fish and Wildlife to whom the documents will be submitted for plan check
and permits.
(iv) The Architect shall advise the City of any need or advisability of the City's securing
any additional tests, analyses, studies, reports, or consultant's services in
connection with the development of the design and construction documents for the
project.
(v) Present to Parks and Community Services Commission and City Council. The
Architect will present the Design Development to the Parks and Community
Services Commission and City Council for its review and input. The goal is that
both bodies will authorize the preparation of Construction Documents.
13. Phase V: Construction Document Phase:
Based on the approved Design Development Documents and any further adjustments in
the scope, quality of the project or in the construction budget authorized by the City, the
Architect shall prepare, for approval by the City, Construction Documents consisting of
Drawings and Technical Specifications setting forth in detail the requirements for the
construction of the Project, including final furnishing and equipment selections and
structural and energy calculations required by the local building authority. Said
Construction Documents, Drawings and Specifications shall incorporate a cost estimate at
50% completion based on a polling of current market conditions in the specific project
area. Should cost be in excess of 15% of the design development estimate, Architect shall
incorporate value engineering recommendations as approved by the City.
(i) The Architect shall coordinate the technical specifications with the bidding
requirements, contract requirements and general conditions provided by the City.
The Architect's scope of services shall be limited to technical coordination and
shall not include legal advice or insurance matters.
(ii) Construction drawings and specifications, or other construction documents or
contract documents submitted for approval or to any contractors for bidding or
negotiation shall be prepared to the standard of professional care and in
compliance with all applicable codes, ordinances, statutes, regulations and laws,
except to the extent expressly and specifically otherwise stated in detail in writing
by Architect at the time of such submission. By submitting the same for
Consulting Services Agreement between
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construction contract purposes, Architect confirms that Architect has identified any
reasonable test, studies, analyses or reports which are necessary or advisable to
be performed at that point in time. Architect shall additionally confirm these facts
in writing at such time.
(iii) The Architect shall advise the City of any adjustments to estimates of Construction
Cost for the project indicated by changes in requirements or general market
conditions. The Architect shall submit to the City updated estimates of
Construction costs upon completion of the 90% construction set to be the basis for
the engineers estimate.
(iv) The Architect shall assist the City in connection with the City's responsibility for
filing documents for the project required for the approval of governmental
authorities having jurisdiction over the Project. This would at a minimum include a
SWPP plan, LEED certification requirements, BAAQM permits, Fish and Game,
Fish and Wildlife and the Alameda County Health Department. However, the City
is responsible for the payment of any costs related to the filing and processing of
said documents.
(v) The City shall prepare Division 0 of the project manual.
14. Phase VI: Bidding & Negotiation Phase:
(i) The Architect, following the approval of the Construction Documents and of the
latest preliminary estimate of Construction Cost, shall assist in the bid process.
The scope of services includes the preparation of addenda which will be issued by
the City.
(ii) Architect shall provide the City a complete plot set of electronic drawing files and
black and white 8% inch by 11 -inch Project specifications for. Architect shall also
provide the City with an electronic ACAD current version of the plan set drawings
and an MS Word version of Project specifications. The City will use the electronic
plan set drawings and Project specifications only for record documentation.
15. Phase VII: Construction Administration Phase:
(i) The Architect's responsibility to provide basic services for the Construction Phase
under this Agreement commences with the Notice to Proceed for Construction and
terminates sixty -days (60) after final acceptance of construction. "Final
acceptance" as used in this paragraph shall mean the stage in the process of the
Work when the Work or designated portion thereof is sufficiently complete in
accordance with the Construction Documents so the City can occupy, and accept
the Work for its intended use. .
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(ii) The Architect shall provide administration of the Construction Contract as set forth
in AIA Document A201, General Conditions of the Contract for Construction (2007
Edition), together with, and as amended by the City's supplementary general
conditions and other documents included or incorporated into the Construction
contract; provided, however, that whenever the provisions may be in conflict, the
provisions of the City's supplementary general conditions and other documents
included or incorporated into the Construction contract shall supersede the
provisions set forth in AIA Document A201.
(iii) The duties, responsibilities and limitations of authority of the Architect may be
reasonably restricted, modified or extended by the City after the date of this
Agreement, and if they are substantially restricted, modified or extended without
written agreement of the City and Architect, then Architect's compensation shall be
equitably adjusted.
(iv) The Architect, with the concurrence of the Construction Manager, shall generally
oversee and review the work for the project. The Architect, with the approval of
the Construction Manager, in each case, shall review the Contractor with regard to
matters set forth in the Drawings and Specifications. In addition to any specific
responsibilities assigned elsewhere in the Contract Documents, the Construction
Manager shall decide any and all questions which may arise as to the rate of
progress of the work. The Architect shall have authority to act on behalf of the City
only to the extent provided in this Agreement.
(v) The Architect shall visit the site at appropriate intervals to become generally
familiar with the progress and quality of the work completed 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 50 site visits. The Architect shall keep the City informed
of the progress and quality of the work and shall endeavor to guard the City
against defects and deficiencies in the work. The Architect shall issue written field
reports of such
(vi) 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 schedules or failure to carry out the work in
accordance 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.
(vii) Except as may otherwise be provided in the Contract Documents or when direct
communications have been specially authorized, the City, the Architect and
Contractor shall communicate through the Construction Manager. The City may
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consult with the Architect regarding the selection and performance of the
Construction Manager. Communications by and with the Architect's consultants
shall be through the Architect.
(viii) The Architect and Construction Manager shall jointly review Contractor's
Applications for Payment. The Construction Manager shall have the sole authority
to certify and authorize payment of the amounts due the Contractor.
(ix) The Architect shall notify the City regarding any work which he is aware of that
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 accordance 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 shall give rise to a
duty or responsibility of the Architect to the Contractor, Subcontractors, material
and equipment suppliers, their agents or employees or other persons performing
portions of the work.
(x) The Architect shall review and take 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 shall be
taken with such reasonable promptness as to cause no delay in the Work or in the
activities of the City, 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 determining the accuracy and
completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment-or systems,
all of which remain the responsibility of the Contractor as required by the Contract
Documents. The Architect's review shall 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 item is a component.
(xi) The Architect shall review and assist the City or the Construction Manager as
directed in preparing Change Orders and Construction Change Directives, with
supporting documentation and data if deemed necessary, for the City's approval
and execution in accordance with the Contract Documents.
(xii) The Architect shall assist the Construction Manager 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 City for the City's review and
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 9 of 13
a�13o
records written warranties and related documents required by the Contract
Documents and assembled by the Contractor, and shall issue a final Certificate for
Payment upon compliance with the requirements of the Contract Documents.
(xiii) 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 drawings.
(xiv) The Architect shall render written opinions as requested by the City within a
reasonable time on all claims, disputes or other matters in question between the
City and Contractor relating to the execution or progress of the Work as provided
in the Contract Documents.
16. Phase VIII: Project Close Out Phase:
(i) The Architect will provide the City with the following; AutoCAD (version 2000 or
equal) base files of building for FM use (detail bubbles and keynotes removed),
Adobe 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 and Adobe Acrobat
PDF copy of furniture and kitchen equipment manuals.
(ii) The Architect will provide all required documentation for a LEED Silver rating. It
should be anticipated that the City will be submitting to the USGBC for a formal
certification.
17. Construction Cost:
Evaluations of the City's Project Budget, preliminary estimates of Construction
Cost and detailed estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as an architect familiar with the
construction Industry. It is recognized, however, that neither the Architect nor the
City has control over the cost of labor, materials, or equipment, over the
Consultant's methods of determining bid prices, or over competitive bidding,
market or negotiating conditions. Accordingly, the Architect cannot and does not
warrant or represent the bids or negotiated prices will not vary from the City's
Project budget or from any estimate of Construction Cost or evaluation prepared
or agreed to by the Architect.
18. L.E.E.D.:
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 10 of 13
a5 of 3f)
a. The building will be designed to LEED Silver standard. The Architect will prepare
the documentation for design credits and submit them to the USGBC for review.
Information and documentation for construction credits will be the obligation and
responsibility of the General Contractor. The Architect will submit the information
provided by the General Contractor to the USGBC for review. Final acceptance of
construction credits will be the responsibility of the General Contractor.
b. Architect will provide Enhanced Commissioning for the project. Taylor Engineering
will be the Commissioning Agent.
C. The LEED Green Building Rating System or similar environmental guidelines
( "LEED ") utilizes certain design, construction, and usage criteria in order to
promote environmentally friendly building. The Owner acknowledges and
understands that LEED is subject to interpretation, and achieving levels of
compliance involves factors beyond the control of the Architect, including, but not
limited to, the Owner's use, operation, and maintenance of the completed project.
In addressing LEED, the Architect shall perform its services in a manner
consistent with that degree of skill and care ordinarily exercised by architects
performing similar services in the same locality, and under the same or similar
circumstances and conditions. The Architect will use reasonable care consistent
with the foregoing standard in interpreting LEED and designing in accordance with
LEED. However, the Architect does not warrant or represent that the Project will
actually achieve LEED certification or realize any particular energy savings. The
Architect shall not be responsible for any environmental or energy issues arising
out of the Owner's use and operation of the completed project.
19. Project Meetings & Presentations: The Architect has allowed for the following number of
review meetings and presentations. Additional meetings or presentations will be provided
as an additional service when requested by the City.
Phase I - Site & Program Assessment
City Staff 2
Public Workshop 1
Phase II — Conceptual Alternatives
City Staff 2
Public Workshop 1
Parks & Community Services Commission 1
City Council 1
Phase III — Schematic Design
City Staff 2
Parks & Community Services Commission 1
City Council 1
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 11 of 13
a6�3o
Phase IV — Design Development
City Staff 2
Parks & Community Services Commission 1
City Council 1
Phase V — Construction Documents
City Staff 2
20. Renderings: Architect will provide two (2) exterior renderings of each of the three (3)
conceptual exterior designs for Phase II and one exterior and one interior final project
rendering for publication purposes at the completion of Phase IV.
21. 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 additional service on an
hourly basis. Revisions required by the Building Department for permit are included in the
project scope and fee.
22. Schedule: The Preliminary Project Schedule is provided. See Exhibit "A ", Attachment 2.
23. Work Not Included: The following items are not included within the project scope or fee:
a. Entitlement processing, including EIR, traffic studies, biological or other land use
studies.
b. Improvements required beyond the site work line.
C. Geotechnical Engineer.
d. Renderings, models or graphic presentation material other than those specifically
listed.
e. Public presentations or meetings other than those specifically listed.
f. Phase building, multiple permits, multiple bid sets, or fast track construction.
g. Consultant services, other than those specifically listed.
24. Fee Schedule: Services shall be compensated with the following fixed fees:
a) Phase I —
Site & Program Assessment
$20,000
Phase II —
Conceptual Alternatives
$239,500
Phase III —
Schematic Design
$342,000
Phase IV—
Design Development
$589,000
Phase V —
Working Drawings
$582,000
SUBTOTAL
$1,772,500
Phase VI — Bidding $10,000
Phase VII — Construction Administration (12 months) $212,000
SUBTOTAL $222,000
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 12 of 13
a�l 30
TOTAL FIXED FEE $1,994,500
b) E.I.R. Negative Declaration Documents $25,000 allowance
c) Theme Signage $20,000 allowance
TOTAL WITH ALLOWANCES $2,039,500
d) Additional Construction Administration Services $10,000 per month
25. Retainer: An initial payment of $30,000 shall be made upon execution of this Agreement
and credited to the City's account at final payment.
26. 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
City, fifteen (15) days prior to suspension of work.
27. Reimbursable Expenses: The following is a good faith estimate of reimbursable expenses.
This amount will not be exceeded without the City's approval.
Blueprints
Site & Program Assessment
$1,000
Conceptual Design
$4,000
Schematic Design
$4,000
Design Development
$6,000
Bid & Construction Documents
$33,000
Postage
$1000
Miscellaneous
$1000
TOTAL
$50,000
Architect will provide three (3) sets of plans and specifications at completion of Schematic Design,
Design Development, and Construction Documents. Architect will also provide electronic versions
of all documents on AutoCAD, version 2000, on CD ROM discs. Architect will provide copies for
bidding and construction. Architect will not charge for local travel time, mileage, telephone or fax.
Overnight delivery 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 13 of 13
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EXHIBIT "B"
EMERALD GLEN RECREATION AND AQUATICS COMPLEX
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
Planning 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 1
$ 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 1
$100
3D /Video Coordinator
$ 90
Intern
$ 65
Clerical
$ 65
Computer Plotting (24" x 36" sheet)
$4.50 / Sheet
(30" x 42" sheet)
$6.00 / Sheet
Computer Plotting (COLOR) (8.5" x 11" sheet) Standard Paper
$ .45 / Sheet
(8.5" x 11" sheet) Heavy Matte Paper
$ .65 /Sheet
(17" x 11" sheet) Standard Paper
$ .80 /Sheet
(17" x 11" sheet) Heavy Matte Paper
$1.25 / Sheet
Oversize Computer Plotting (COLOR)
$4.00 / sq. ft.
Oversize Grayscale Plotting (Finished Graphics, rendering)
$2.75 / sq. ft.
Line Print for Graphics (Black and white line 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 $ 0.585 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, 2008
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit B
a
Page 1 of 1
or
19 82
/ii � 111
DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
December 4, 2012
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -35
SUBJECT: Emerald Glen Recreation and Aquatic Complex
Amendment to Agreement for Design Services
Prepared by Herma Lichtenstein, Parks and Facilities Development Manager
EXECUTIVE SUMMARY:
On October 16, 2012, the City Council approved the update to the building and phasing plan for
the Emerald Glen Recreation and Aquatic Complex and directed Staff to move forward with
design of Phase I. The 2012 -2017 Capital Improvement Program includes funding to restart the
design process for the Recreation and Aquatic Complex which was suspended in 2009 due to
the downturn in the economy. Due to a change in the scope of Phase One, the City needs to
amend the Agreement with Dahlin Group Architecture that was originally approved by the City
Council on October 7, 2008.
FINANCIAL IMPACT:
The total appropriations presented in the 2012 -17 Capital
of the Recreation and Aquatic Complex (CIP #950007)
Public Facility Fee funds. This includes design, constrL
project over multiple years. On October 16, 2012, the
with a change in project scope which will accommodate
million) from General Fund Reserves. It is necessary to
Services to accommodate the expanded scope of the pr
changes in the contract for services with Dahlin Group:
Improvement Program for Phase One
is $22.5 million, funded solely from
ction, and other related costs of the
;ity Council directed Staff to proceed
i Natatorium that will be funded ($1.5
adjust the agreement for Architectural
oject. The following summarizes the
Original Contract Amount (including Reimburseables and Allowances) $2,089,500
Additional Contract Amount for Change In Scope 100,000
TOTAL REVISED CONTRACT (Including work completed) $2,189,500
Less: Services incurred prior to July 1, 2012 ( 96,640)
Revised Contract Amount Remaining After 7/1/2012 $2,092,860
A Budget Change in the amount of $100,000 is required. The funds will come from the General
Fund reserve designated for the Emerald Glen Aquatic Center expanded scope. The
expenditures, as part of this contract, are scheduled to be incurred over multiple fiscal years
based on the project timeline.
Page 1 of 2 ITEM NO. 4.8
RECOMMENDATION:
Staff recommends the City Council adopt Resolution Approving the Amendment to the
Agreement dated October 7, 2008 with Dahlin Group Architecture Planning for design services
for Phase One of the Emerald Glen Recreation and Aquatic Complex; and approve the Budget
Change authorizing the use of funds from the General Fund Committed Reserve for the
Emerald Glen Aquatic Center Project.
( ' �'J � dg&�
Submit ed By,
Parks and Comm�nity
Services Direc r
DESCRIPTION:
Reviewed By
Administrative Services
Director
-YY G//
Reviewed y
Assistant City Manager
On October 7, 2008, the City Council approved an agreement with Dahlin Group Architecture
Planning to begin work on the design of Phase One of the Emerald Glen Recreation and
Aquatic Complex. They completed the first series of community meetings on the conceptual
plans of the original Master Plan. When the City was faced with budget constraints due to the
economic downturn, the City Council directed Staff to suspend the project.
In 2012, the City Council asked Staff to re- evaluate the building and phasing plan for the
Complex. On October 16, 2012, the City Council approved an update to the building and
phasing plan that increased the total project cost of Phase One from $22.5 million (as adopted
in the 2012 -2017 CIP) to $24.0 million. The additional $1.5 million will be funded from a
designated General Fund reserve that a previous City Council had set aside for the Natatorium.
The scope of work planned for design of Phase One has changed due to an increase in size,
cost and complexity of the improvements for the Natatorium. Therefore the City needs to
amend the Agreement with Dahlin. In particular the mechanical and structural engineering costs
related to the Natatorium will increase. It is proposed that the added cost be funded by an
additional appropriation from the General Fund Reserve designated for added scope to the
Emerald Glen Aquatic Center. Attachment 4 is a Budget Change providing for the additional
appropriation of $100,000.
The scope also includes time to garner public input on the architecture and design through a
series of presentations at the Parks and Community Services Commission and the City Council.
Attached is a Resolution (Attachment 1) approving the Amendment to the Agreement. The
Amendment (Attachment 2) is shown as Exhibit A to the Resolution.
NOTICING REQUIREMENTS /PUBLIC OUTREACH: None
ATTACHMENTS: 1. Resolution approving Amendment to Agreement for Design Services
for the Emerald Glen Recreation and Aquatic Complex.
2. Exhibit A to the Resolution — Contract Amendment
3. Original Agreement and Scope
4. Budget Change
Page 2 of 2
RESOLUTION NO. XX - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
AMENDING AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING
FOR DESIGN SERVICES FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX
WHEREAS, in 2008 the City solicited requests for proposals for Architectural design services
for the Emerald Glen Recreation and Aquatic Complex; and
WHEREAS, the City received six proposals for Architectural design services, interviewed all
six firms and selected Dahlin Group Architecture Planning; and
WHEREAS, on October 7, 2008 the City Council adopted Resolution 185 -08 approving an
Agreement with Dahlin Group Architecture Planning for architectural design services for the Emerald
Glen Recreation and Aquatic Complex; and
WHEREAS, in 2009 the City Council directed Staff to suspend the project due to the economic
downturn; and
WHEREAS, on October 16, 2012, the City Council adopted changes to the building and
phasing plan for the Complex and directed Staff to re -start the project design; and
WHEREAS, the changes to the building and phasing plan increased the cost and complexity of
the improvements for Phase One; and
WHEREAS, the existing Agreement with Dahlin Group was based on a smaller scope of
services and the Consultant is seeking an Amendment to the Agreement to provide additional design
and engineering services.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin, does hereby
approve the attached Amendment to the Agreement replacing Exhibit A to the Agreement with an
updated scope of services, and increasing the amount of the Agreement by $100,000 to an amount
not to exceed $2,189,500.
PASSED, APPROVED AND ADOPTED this 4th day of December, 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
ATTACHMENT 1
City Clerk
ATTACHMENT 1
EXHIBIT "A"
EMERALD GLEN RECREATION AND AQUATICS COMPLEX
CONTRACT AMENDMENT
Project Description: The project will provide recreation and aquatic facilities in three phases. A
Conceptual Master Plan will be developed for the full project but only Phase I will be constructed at
this time. The site area, recreation features, and phasing are shown on attached Exhibits Al, A2,
and A3.
2. Scope of Work: The Architect's Scope of Work shall be as described below:
Conceptual Master Plan: The site will be planned for recreation and aquatic facilities
including building floor plans, pool sizes and locations, landscape and hardscape concept.
Phase I: Phase I work will provide complete Design, Construction Document, and
Construction Administration services for the Swim Center / Natatorium, outdoor water play,
and associated site work.
C. Phase II and III: Phase II and III work will be limited to Schematic Design only for the
Fitness, Gymnasium and Daycare Building, and outdoor recreation pool. No Structural
Engineering will be provided. Mechanical, Electrical, Plumbing services will be limited to
sizing the capacity of onsite utilities, both wet and dry, for future connection. Site work will
be limited to rough grading and temporary drainage facilities. Landscaping will be limited to
hydro seeding only with no irrigation.
3. Program: The Program for Recreation /Aquatic Facility shall be as follows:
Phase I - Swim Center:
14,040 s.f.
Lobby / Reception
1,500 s.f.
Classroom / Special Events Room (dividable)
1,500 s.f
Offices
1,500 s.f
Men's Locker/ Restroom
1,200 s.f
Women's Locker / Restroom
1,200 s.f.
Special Need Restroom #1
100 s.f.
Special Need Restroom #2
100 s.f
Uni -sex Restroom (2) for outdoor aquatic use
150 s.f
Lifeguard Room
500 s.f
First Aid Room
200 s.f
Storage
500 s.f
Circulation @ 20%
1,690 s.f
Pool Mechanical Room
3,000 s.f
Pool Storage
500 s.f
Pool Chemical Room
400 s.f.
Natatorium:
13,190 s.f.
Indoor Pool:
7,000 s.f.
Outdoor Water Play Pool:
5,000 s.f.
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 1 of 12
Phase II - Fitness (Schematic Only)
Fitness Building: 10,689 s. f.
Outdoor Pool: 5,000 s. f.
Phase III - Gymnasium and Daycare (Schematic Only) 13,439 s.f,
Gymnasium: 8,080 s.f.
Day Care: 5,359 s.f.
4. Site Work:
Site work will be limited to the area within the Site Work Limit, "Exhibit A -1 ". Work beyond
the site, if required, will be by separate contract. Site work will include all work associated
with the buildings, swimming pools, hardscape, landscape, and parking areas.
Site work will include a study of the potential off -haul that could be used for the future
grass amphitheater adjacent to the site. If the quantity is sufficient for the amphitheater,
then grading, drainage, and landscaping will be provided as part of this contract. This
scope of work is listed as a separate item on the Fee Schedule until it is determined if the
amphitheater is feasible.
5. Building Description:
The proposed Swim Center will be single -story, slab on grade, Type V, non -rated
construction, with a full fire sprinkler system. The building will be designed and certified as
L.E.E.D. Silver Rating.
The Natatorium will be a pre- engineered steel structure.
6. Project Approval: The project will need the approval of the Dublin Parks and Community Services
Commission and City Council. The Architect will limit public meetings to the following:
a. Parks Commission — Conceptual Master Plan presentation.
b. Parks Commission — Phase I Schematic Design.
C. City Council — Phase I Schematic Design.
d. City Council — Design Development presentation with Interiors.
7. Project Meetings: The Architect has allowed for the following number of review meetings with City
Staff. Additional meetings or presentations will be provided as an additional service when
requested by the City.
Conceptual Master Plan 3
Schematic Design 2
Design Development 3
Construction Documents 2
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 2 of 12
8. Building Budget: The construction budget for Phase I building shall be $9,000,000. This budget is
for building construction only and does not include site work, pools, fees, permits, testing,
inspections, furniture, fixtures, and equipment, soft costs, or contingency for any of the above
items.
9. Project Schedule: The preliminary project schedule is fifteen months of design and construction
document preparation followed by the project construction. The contract will be end upon
completion of the project close out material.
10. Consultant Services: Architect will provide the following consultant services for the building and
site work:
• Structural
• Mechanical
• Electrical
• Plumbing
• Civil
• Landscape
• Interior Design
• Title 24 Energy Compliance
• Cost Estimator
• Audio Visual
• Signage
• Environmental
• Aquatic
Performance Specs only will be provided for Fire Protection and Fire Alarm. Construction
Documents for these will be provided on a design /build basis through the General Contractor.
11. Environmental Impact Review: The project will not require a full Environmental Impact Review,
however a Mitigated Negative Declaration shall be prepared upon completion of the design
development phase. The Architect will provide an allowance for an Environmental Consultant to
prepare the documentation.
12. Geotechnical Engineer: The services of a Geotechnical engineer are required and will be provided
by the City.
13. Site & Program Assessment:
a. Project Initiation. The Architect will initiate the Project, and set up a system for
documenting the Project and organizing communication.
(i) Project Kickoff Meeting. The Architect will convene a kick -off meeting, attended by
key representatives from the City of Dublin. The group will review and confirm the
Project schedule. Initial assignments will be identified and communication lines
will be established among Project participants. Minutes will be kept and
distributed.
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 3 of 12
(ii) Meeting Schedule. The Architect will confer with the key project participants and
prepare an initial list of interviews and meetings to be scheduled.
Based on the information gathered in this Project initiation stage the Architect shall prepare
an updated Project schedule, list of interviews and meetings, directory of Project
participants and minutes of the Project kickoff and distribute these materials to Project
participants.
(i) Review Existing Studies. The Architect will gather and review any existing studies,
reports or planning documents regarding the services and operations of the new
Emerald Glen Recreation and Aquatics Complex to become familiar with any
previous planning efforts and goals and objectives.
(ii) Review City's Guidelines. The Architect will meet with the City's Planning,
Building and Public Works Staff, so that the Architect can learn of any other
building code, engineering, zoning or environmental constraints on the site. The
Architect will look at maximum footprint, setback, FAR and height restrictions.
(iii) Review City's Green Building Ordinance and Guidelines. The Architect will review
all pertinent green building information and determine base line strategies for
meeting the City's Goals for a LEED Silver rated building. Prepare an initial LEED
checklist and provide feedback on feasibility.
14. Conceptual Master Plan:
Based on the program, the Architect will prepare a Conceptual Master Plan that includes
preliminary building floor plans, swimming pool sizes, shapes, and locations, and
preliminary landscape and hardscape design.
Architect will review Master Plan with City Staff and make revisions as necessary.
C. With Staff approval of Conceptual Plan, Architect will prepare an illustrative site for
presentation to the Parks and Community Services Commission.
15. Schematic Design:
Based on the approved Conceptual Master Plan, the Architect shall prepare, for approval
by the City, Schematic Design Documents consisting of the following:
(i) Code search on the building, including meeting with representatives of the
Community Development Department, Public Works Department, Fire
Department, DSRSD, PG &E and Alameda County Waste Management Authority
to determine relevant requirements.
(ii) Site Plans.
(iii) Landscape Plans.
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 4 of 12
(iv) Schematic Grading, Drainage and Utility Plans.
(v) Floor Plans.
(vi) Exterior Elevations.
(vii) Building Sections.
(viii) Exterior Materials Board.
(ix) L.E.E.D. Scorecard.
(x) Solar Study.
Based upon the City's input the Architect will prepare presentation drawings for Parks and
Community Services Commission and City Council review. This should include; site plans,
landscape plans, building floor plans, exterior elevations, primary interior elevation, and
color and material selections.
C. Project Cost Estimate. The Architect will provide a cost estimate at this phase. If the plans
show an increase in costs, Architect should be prepared to review design elements that
can be adjusted to bring costs in line with the City's budget.
The Architect will present these materials to the Parks and Community Services
Commission and City Council for their review and approval.
16. Design Development Phase:
Based on the approved Schematic Design Documents and any adjustments authorized by
the City in the schedule or construction budget, the Architect shall prepare, for approval by
the City, Design Development Documents consisting of the following drawings and other
documents to fix and describe the size and character of the Project as to architectural,
structural, mechanical and electrical systems, materials and such other elements as may
be appropriate or necessary to enter the construction document phase. The Architect shall
coordinate and review design concepts with City maintenance personnel.
(i) Building Code Analysis;
(ii) Site Layout Plans;
(iii) Landscape and Preliminary Irrigation and Planting Plans;
(iv) Grading, Drainage and Utility Plans;
(v) Representative Site Details;
(vi) Floor Plans;
(vii) Roof Plan;
(viii) Exterior Elevations;
(ix) Building Sections;
(x) Representative Wall Sections and Related Details;
(xi) Selected Interior Elevations and Enlarged Plans;
(xii) Reflected Ceiling Plans;
(xiii) Preliminary Door, Window and Finish Schedules;
(xiv) Structural Plans and Sections and Typical Details;
(xv) Mechanical and Electrical Layouts;
(xvi) Outline Specifications;
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 5 of 12
(xvii)
Lighting cut - sheets;
(xviii)
Access and Egress Plans;
(xix)
AudioNideo system.
The Architect shall submit to the City a more comprehensive Design Development cost
estimate based on current area, materials volume or other unit costs. The preliminary cost
estimate referred to in this paragraph and any adjustments thereto shall indicate, in a level
of detail satisfactory to the City, the cost of each category or work involved in constructing
the project.
C. The work of this phase shall include the following meetings. Meet with appropriate
representatives of the City of Dublin, County Agencies, DSRSD, Fish and Game, and /or
Fish and Wildlife to whom the documents will be submitted for plan check and permits.
The Architect shall advise the City of any need or advisability of the City's securing any
additional tests, analyses, studies, reports, or consultant's services in connection with the
development of the design and construction documents for the project.
e. The Architect will present the Design Development to the City Council for its review and
approval.
17. Construction Document Phase:
Based on the approved Design Development Documents and any further adjustments in
the scope, quality of the project or in the construction budget authorized by the City, the
Architect shall prepare, for approval by the City, Construction Documents consisting of
Drawings and Technical Specifications setting forth in detail the requirements for the
construction of the Project, including final furnishing and equipment selections and
structural and energy calculations required by the local building authority. Said
Construction Documents, Drawings and Specifications shall incorporate a cost estimate at
50% completion based on a polling of current market conditions in the specific project
area. Should cost be in excess of 15% of the design development estimate, Architect shall
incorporate value engineering recommendations as approved by the City.
(i) The Architect shall coordinate the technical specifications with the bidding
requirements, contract requirements and general conditions provided by the City.
The Architect's scope of services shall be limited to technical coordination and
shall not include legal advice or insurance matters.
(ii) Construction drawings and specifications, or other construction documents or
contract documents submitted for approval or to any contractors for bidding or
negotiation shall be prepared to the standard of professional care and in
compliance with all applicable codes, ordinances, statutes, regulations and laws,
except to the extent expressly and specifically otherwise stated in detail in writing
by Architect at the time of such submission. By submitting the same for
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 6 of 12
construction contract purposes, Architect confirms that Architect has identified any
reasonable test, studies, analyses or reports which are necessary or advisable to
be performed at that point in time. Architect shall additionally confirm these facts
in writing at such time.
(iii) The Architect shall advise the City of any adjustments to estimates of Construction
Cost for the project indicated by changes in requirements or general market
conditions. The Architect shall submit to the City updated estimates of
Construction costs upon completion of the 90% construction set to be the basis for
the engineers estimate.
(iv) The Architect shall assist the City in connection with the City's responsibility for
filing documents for the project required for the approval of governmental
authorities having jurisdiction over the Project. This would at a minimum include a
SWPP plan, LEED certification requirements, BAAQM permits, Fish and Game,
Fish and Wildlife and the Alameda County Health Department. However, the City
is responsible for the payment of any costs related to the filing and processing of
said documents.
(v) The City shall prepare Division 0 of the project manual.
18. Bidding & Negotiation Phase:
The Architect, following the approval of the Construction Documents and of the latest
preliminary estimate of Construction Cost, shall assist in the bid process. The scope of
services includes the preparation of addenda which will be issued by the City.
Architect shall provide the City a complete plot set of electronic drawing files and black and
white 8'/2 inch by 11 -inch Project specifications for. Architect shall also provide the City
with an electronic version of the plan set drawings and Project specifications. The City will
use the electronic plan set drawings and Project specifications only for record
documentation.
19. Construction Administration Phase:
The Architect's responsibility to provide basic services for the Construction Phase under
this Agreement commences with the Notice to Proceed for Construction and terminates
sixty -days (60) after final acceptance of construction. "Final acceptance" as used in this
paragraph shall mean the stage in the process of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Construction Documents so
the City can occupy, and accept the Work for its intended use.
The Architect shall provide administration of the Construction Contract as set forth in AIA
Document A20I, General Conditions of the Contract for Construction (2007 Edition),
together with, and as amended by the City's supplementary general conditions and other
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 7 of 12
documents included or incorporated into the Construction contract; provided, however, that
whenever the provisions may be in conflict, the provisions of the City's supplementary
general conditions and other documents included or incorporated into the Construction
contract shall supersede the provisions set forth in AIA Document A201.
C. The duties, responsibilities and limitations of authority of the Architect may be reasonably
restricted, modified or extended by the City after the date of this Agreement, and if they are
substantially restricted, modified or extended without written agreement of the City and
Architect, then Architect's compensation shall be equitably adjusted.
The Architect, with the concurrence of the Construction Manager, shall generally oversee
and review the work for the project. The Architect, with the approval of the Construction
Manager, in each case, shall review the Contractor with regard to matters set forth in the
Drawings and Specifications. In addition to any specific responsibilities assigned
elsewhere in the Contract Documents, the Construction Manager shall decide any and all
questions which may arise as to the rate of progress of the work. The Architect shall have
authority to act on behalf of the City only to the extent provided in this Agreement.
e. The Architect shall visit the site at appropriate intervals to become generally familiar with
the progress and quality of the work completed 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 50 site visits. The
Architect shall keep the City informed of the progress and quality of the work and shall
endeavor to guard the City against defects and deficiencies in the work. The Architect
shall issue written field reports of such
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 schedules or failure to carry out the work in accordance
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.
Except as may otherwise be provided in the Contract Documents or when direct
communications have been specially authorized, the City, the Architect and Contractor
shall communicate through the Construction Manager. The City may consult with the
Architect regarding the selection and performance of the Construction Manager.
Communications by and with the Architect's consultants shall be through the Architect.
The Architect and Construction Manager shall jointly review Contractor's Applications for
Payment. The Construction Manager shall have the sole authority to certify and authorize
payment of the amounts due the Contractor.
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 8 of 12
The Architect shall notify the City regarding any work which he is aware of that 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 accordance 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 shall
give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,
material and equipment suppliers, their agents or employees or other persons performing
portions of the work.
The Architect shall review and take 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 shall be taken with such reasonable
promptness as to cause no delay in the Work or in the activities of the City, 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
determining the accuracy and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or performance of equipment or
systems, all of which remain the responsibility of the Contractor as required by the
Contract Documents. The Architect's review shall 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 item is a component.
k. The Architect shall review and assist the City or the Construction Manager as directed in
preparing Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary, for the City's approval and execution in
accordance with the Contract Documents.
The Architect shall assist the Construction Manager 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 City for the City's review and records written
warranties and related documents required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Payment upon compliance with the
requirements of the Contract Documents.
M. 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
drawings.
The Architect shall render written opinions as requested by the City within a reasonable
time on all claims, disputes or other matters in question between the City and Contractor
relating to the execution or progress of the Work as provided in the Contract Documents.
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 9 of 12
20. Project Close Out Phase:
The Architect will provide the City with electronic copies of all construction documents,
including current/ construction revisions with all notes as provided by General Contractor.
The Architect will provide required design documentation for a LEED Silver rating. It
should be anticipated that the City will be submitting to the USGBC for a formal
certification.
21. Construction Cost:
Evaluations of the City's Project Budget, preliminary estimates of Construction Cost and
detailed estimates of Construction Cost, if any, prepared by the Architect, represent the
Architect's best judgment as an architect familiar with the construction Industry. It is
recognized, however, that neither the Architect nor the City has control over the cost of
labor, materials, or equipment, over the Consultant's methods of determining bid prices, or
over competitive bidding, market or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent the bids or negotiated prices will not vary from
the City's Project budget or from any estimate of Construction Cost or evaluation prepared
or agreed to by the Architect.
22. L.E.E.D.:
The building will be designed to LEED Silver standard. The Architect will prepare the
documentation for design credits and submit them to the USGBC for review. Information
and documentation for construction credits will be the obligation and responsibility of the
General Contractor. The Architect will submit the information provided by the General
Contractor to the USGBC for review. Final acceptance of construction credits will be the
responsibility of the General Contractor.
The LEED Green Building Rating System or similar environmental guidelines ( "LEED ")
utilizes certain design, construction, and usage criteria in order to promote environmentally
friendly building. The Owner acknowledges and understands that LEED is subject to
interpretation, and achieving levels of compliance involves factors beyond the control of
the Architect, including, but not limited to, the Owner's use, operation, and maintenance of
the completed project. In addressing LEED, the Architect shall perform its services in a
manner consistent with that degree of skill and care ordinarily exercised by architects
performing similar services in the same locality, and under the same or similar
circumstances and conditions. The Architect will use reasonable care consistent with the
foregoing standard in interpreting LEED and designing in accordance with LEED.
However, the Architect does not warrant or represent that the Project will actually achieve
LEED certification or realize any particular energy savings. The Architect shall not be
responsible for any environmental or energy issues arising out of the Owner's use and
operation of the completed project.
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 10 of 12
23. Renderings: Architect will provide one (1) exterior rendering at completion of Schematic Design.
24. 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 additional service on an hourly basis.
Revisions required by the Building Department for permit are included in the project scope and fee.
25
26
27
Work Not Included: The following items are not included within the project scope or fee:
a. Entitlement processing, including EIR, traffic studies, biological or other land use studies.
b. Improvements required beyond the site work line.
C. Geotechnical Engineer.
d. Renderings, models or graphic presentation material other than those specifically listed.
e. Public presentations or meetings other than those specifically listed.
f. Phase building, multiple permits, multiple bid sets, or fast track construction.
g. Consultant services, other than those specifically listed.
Fee Schedule: Services shall be compensated with the following fixed fees which includes
services completed to date under the original agreement approved October 7, 2008:
Site & Program Assessment
$20,000
Conceptual Master Plan
$254,500
Schematic Design
$362,000
Design Development
$624,000
Working Drawings
$612,000
SUBTOTAL
$1,872,500
Bidding
Construction Administration (12 mo
SUBTOTAL
TOTAL FIXED FEE
b. E.I.R. Negative Declaration Documents
c. Theme Signage
d. Reimbursable (see detail Section 29 below)
TOTAL WITH ALLOWANCES
e. Additional Construction Administration Services
$10,000
$212,000
$222,000
$2,094,500
$25,000
allowance
$20,000
allowance
$50,000
allowance
$2,189,500
$10,000 per month
Retainer: No initial payment is required to be made upon execution of this Agreement
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 11 of 12
28. 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 City, fifteen (15) days
prior to suspension of work.
29. Reimbursable Expenses: The following is a good faith estimate of reimbursable expenses. This
amount will not be exceeded without the City's approval.
Blueprints
Site & Program Assessment
$1,000
Conceptual Design
$4,000
Schematic Design
$4,000
Design Development
$6,000
Bid & Construction Documents
$33,000
Postage
$1,000
Miscellaneous
$1,000
TOTAL
$50,000
Architect will provide three (3) sets of plans and specifications at completion of Schematic Design,
Design Development, and Construction Documents. Architect will also provide electronic versions
of all documents on CD ROM discs. Architect will provide electronic copies for bidding and
construction. Architect will not charge for local travel time, mileage, telephone or fax. Overnight
delivery 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 12 of 12
C�
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CITY CLERK
File # 016110la-11101
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 7, 2008
SUBJECT: Consultant Services for Emerald Glen Recreation and Aquatic
Complex Design
Report prepared by Paul McCreary, Assistant Director of Parks and
Community Services
ATTACHMENTS: 1. Resolution approving Agreement with Dahlin Group Architecture
Planning.
RECOMMENDATION: Adopt Resolution.
FINANCIAL STATEMENT: The total cost of services is $2,039,500 plus up to $50,000 for
reimbursable expenses. Sufficient funds are available to execute the
agreement.
DESCRIPTION: The 2008 -2013 Capital Improvement Program includes a project to
design and construct the Emerald Glen Recreation and Aquatic Complex. The project will be funded
solely by impact fees charged on new development. The Fiscal Year 2008 -2009 budget includes funding
to begin the design.
PROJECT DESCRIPTION
Phase I includes 35,895 square foot facility with a gymnasium, fitness center, game room/teen center,
group exercise /dance studio, special events room, juice bar, locker rooms, administrative offices and the
spaces needed to support the swimming pools. The facility will have two swimming pools including a
leisure and instructional pool (6,675 s.f.) and a 25 -meter by 25 -yard (6,150 sf) deep water competition
pool. The total project budget for Phase I is $19.6 million.
Phase II includes a 12,140 square foot natatorium building to enclose one of the pools constructed in
Phase I to make it a year -round indoor aquatic facility. Construction of this phase is beyond the time
frame of the current Capital Improvement Program and funding will need to be identified Fees in order to
proceed with construction. The total estimated cost of Phase 11 is $6.5 million.
COPY TO: Dahlin Group Architecture Planning
Pagel of 3
ITEM NO. 4. q_
P/
ARCHITECT SELECTION
At the August 5, 2008 meeting, the City Council directed Staff to form an Architect Selection Committee
comprised of the Vice Mayor, a representative of the Parks and Community Services Commission, the
City Manager, Parks and Community Services Director, Assistant Director of Parks and Community
Services, Parks and Facilities Development Manager and Recreation Supervisor for Sports and Aquatics.
Staff distributed a Request for Proposals for architectural services in July 2008. Six firms submitted
proposals. The firms were BSA, Carrier Johnson + Culture, Dahlin Group Architecture Planning, Field
Paoli, Form4, and WLC. The Architect Selection Committee interviewed all six firms.
Based on the interviews, and relevant experience and capabilities of the design teams proposed by the
firms, the Selection Committee's top pick was Dahlin Group Architecture Planning. The Dahlin Group
provided the City with the qualifications that were most closely suited to the City's requirements for the
project. Dahlin Group Architecture is an award winning international design firm. The firm has expertise
in designing recreational facilities with amenities similar to the Emerald Glen Complex, including:
• C1ubSport, Pleasanton, Fremont, Oakland, San Ramon and Oregon
• Renaissance C1ubSport, Walnut Creek and Aliso Viejo
• Oakwood Athletic Club, Lafayette
• Sun City Anthem, Henderson Nevada
• Oak Park Gymnasium, Sacramento
• YMCA, Alamo, Oakley and Walnut Creek
• Creekside Recreation Center, Rossmoor
Dahlin Group Architecture Planning also designed the new Shannon Community Center and the award
winning Dublin Senior Center.
Founded in 1976 Dahlin Group is lead by a management team of twelve principals and 180 professionals
from offices in Pleasanton, San Francisco, Solana Beach, and Beijing, China, including architects,
planners, designers, graphic artists, and computer renderers.
Dahlin Group has assembled an excellent team of sub - consultants for the project. The swimming pool
sub - consultant is Aquatic Design Group. They have 24 years of experience designing competition,
recreation and leisure -based aquatic facilities, with representative projects from municipalities, colleges
and universities, high schools, resort hotels, water parks and theme parks. The landscape architect for the
project is Carducci and Associates, which was the firm responsible for the design of Phases II and III.of
Emerald Glen Park.
Staff has conducted reference checks on the firm and their key sub - consultants and recommends
approving an agreement with Dahlin Group.
AGREEMENT AND SCOPE OF SERVICES
Attachment 1 is a Resolution approving the Agreement between the City of Dublin and Dahlin Group
Architecture Planning. The Consultant Services Agreement is shown as an attachment to the Resolution.
Exhibit A contains a detailed scope of work and fee proposal. Following is a summary of the fee
proposal.
Page 2 of 3
Phase I —
Site & Program Assessment
Phase II —
Conceptual Alternatives
Phase III — Schematic
Design
Phase IV —
Design Development
Phase V —
Working Drawings
SUBTOTAL
Phase A — Bidding
Phase VII — Construction Administration (12 months)
SUBTOTAL
TOTAL FIXED FEE
E.I.R. Negative Declaration Documents
Theme Signage
TOTAL WITH ALLOWANCES
$20,000
$239,500
$342,000
$589,000
$582,000
$1,772,500
$10,000
$212,000
$222,000
$1,994,500
$25,000 allowance
$20,000 allowance
$2,039,500
Estimated Reimbursable Expenses (printing, binding, etc) $50,000
Additional Construction Administration Services $10,000 per month
It should be noted the scope of services includes the design of the natatorium planned for Phase II only
through Design Development; no construction documents will be prepared for Phase H. The total cost of
the design of the natatorium is $270,000 and is included in the fee schedule above.
The public input process as contained in the scope of work includes two public input workshops to affirm
the proposed program and guide the development of three conceptual designs. The scope also includes
three meetings of the Parks & Community Services Commission and three meetings of the City Council to
review the proposed building design at Conceptual Design, Schematic Design, and Design Development.
If the Council approves the agreement with Dahlin Group design would begin in November 2008.
Construction would begin in spring 2010 and be completed in time for a summer 2012 opening.
RECOMMENDATION: Staff recommends the City Council adopt the Resolution approving
the Agreement with Dahlin Group Architecture Planning.
Page 3 of 3
30
RESOLUTION NO. XX -08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING
FOR ARCHITECTURAL DESIGN SERVICES FOR THE
EMERALD GLEN RECREATION AND AQUATIC COMPLEX
WHEREAS, the City of Dublin has included the Emerald Glen Recreation and Aquatic Complex
in the 2008 -2013 Capital Improvement Program; and
WHEREAS, the City has solicited requests for proposals for Architectural design services for the
Emerald Glen Recreation and Aquatic Complex,; and
WHEREAS, the City received six proposals for Architectural design services, interviewed all six
firms and selected Dahlin Group Architecture Planning; and
WHEREAS, Dahlin Group Architecture Planning has demonstrated adequate ability to perform
said Architectural design services; 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
approve the agreement with Dahlin Group Architecture Planning, attached hereto.
PASSED, APPROVED AND ADOPTED this 7 1 day of October 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
�ke�,��l•9 )017108 H�.f
ATTACHMENT 1
a *30
CONSULTING 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 ") and
Dahlin Group, Inc. ( "Consultant ") as of October 7, 2008.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first -class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed,
$2,089,500 notwithstanding any contrary indications that may be contained in Consultant's proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Consultant's proposal, attached .as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically authorized by City,
Consultant shall not bill City for duplicate services performed by more than one person.
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 1 of 13
31--30
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the services performed and reimbursable costs incurred
prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
• The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Retention. City shall retain 10% from each progress payment. Upon completion of each
phase of work as specified in Exhibit A, Section 24, City shall release the retention for that
phase pursuant to this Agreement within sixty (60) days after completion of the services
and submittal to City of the final invoice for that phase, if all services required have been
satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on Exhibit'B'.
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 2 of 13
q 130
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded without the City's
prior approval.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 3 of 13
�5 I30
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self- insurance program to meet those requirements, but only if
the program of self- insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self - insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self- insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled by either party, except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City. Consultant shall notify City, by certified mail, return receipt
requested, within 14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits. Furthermore, Consultant shall not
on its own initiative seek a reduction in coverage or in limits from its insurer.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non -
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (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 1 ( "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:
Consulting Services Agreement between October 7, 2008
City of Dublin and Dahlin Group, Inc. Page 4 of 13
630
a. City and its officers, employees, agents, and volunteers shall, be covered
as 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 not
on a claims -made basis.
C. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self- insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled by either
party, except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City. Consultant shall
notify City, by certified mail, return receipt requested, within 14 days of
notification from Consultant's insurer if such coverage is suspended,
voided or reduced in coverage or in limits. Furthermore, Consultant shall
not on its own initiative seek a reduction in coverage or in limits from its
insurer.
For the purposes of Section 4.2.3 of this Agreement, the general
contractor selected by CITY to perform the construction of the facilities
designed by Consultant pursuant to Exhibit A of this Agreement, and any
subcontractors engaged by the general contractor, shall not be considered
agents of CITY.
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 TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self- insured retention shall not exceed $150,000 per claim.
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4.3.2 An endorsement shall state that coverage shall not be canceled by either party,
except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City, by certified
mail, return receipt requested, within 14 days of notification from Consultant's
insurer if such coverage is suspended, voided or reduced in coverage or in limits.
Furthermore, Consultant shall not on its own initiative seek a reduction in coverage
or in limits from its insurer.
4.3.3 The following provisions shall apply if the professional liability coverages are
written on a claims -made form:
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein, except for the amount of Professional Liability
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Insurance required in Section 4.3 which shall be ONE MILLION DOLLARS
($1,000,000) for subcontractors.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self- Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self- insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self- insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self- insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
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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 applicable and non - conflicting federal, state, or municipal law or ordinance,
to the extent caused, 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
negligent 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 to the extent from the negligence or
willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of
Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life,
damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance
by City of insurance certificates and endorsements required under this Agreement does not relieve
Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance policies
shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and
agrees to the provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
For the purposes of Section 5 of this agreement, the general contractor selected by CITY to perform the
construction of the facilities designed by Consultant pursuant to Exhibit A of this Agreement, and any
subcontractors engaged by the general contractor, shall not be considered agents of CITY.
Section 6. STATUS OF CONSULTANT.
6,1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the manner and means by which
Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary,
Consultant and any of its employees, agents, and subcontractors providing services under
this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
and all claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of City and entitlement to any contribution to be paid by
City for employer contributions and /or employee contributions for PERS benefits.
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City of Dublin and Dahlin Group, Inc. Page 8 of 13
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6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program. Any requirements will be disclosed to the Consultant prior
to execution of this Agreement.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
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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 30 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 date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension.' City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and /or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
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that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
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.
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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 and Facilities Development Manager ("Contract Administrator "). All correspondence
shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Karl Danielson, Vice President
5865 Owens Drive
Pleasanton, CA 94588
Any written notice to City shall be sent to:
Herma Lichtenstein, Parks and Facilities Development Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped /sealed and signed by the licensed professional
responsible for the report/design preparation.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
CONSULTANT
Janet Lockhart, Mayor Karl Danielson, Vice President
Dahlin Group, Inc.
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
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EXHIBIT "A"
EMERALD GLEN RECREATION AND AQUATICS COMPLEX
Project Description: The project is a +/- 36,000 sq. ft. facility with a gymnasium, fitness center,
game room /teen center, group exercise /dance studio, special event room, juice bar, locker rooms,
administrative offices, and spaces needed to support the swimming pools. The project will have
two swimming pools including a leisure /instructional pool ( +/ -6,675 sq. ft.) and a 25 -meter by 25-
yard ( +/- 6,150 sq. ft.) deep water competition pool. The construction budget for this work is $14.6
million.
The Architect will also design a +/- 12,140 sq. ft. natatorium building to enclose one of the
swimming pools to make it a year -round indoor aquatic facility. Construction of this phase is
beyond the time frame of the current Capital Improvement Program and funding will need to be
identified in order to proceed with construction. The estimated construction cost for the Natatorium
is $4.9 million. The Natatorium design documents will be completed through Design Development
Phase only. Construction Documents will not be provided.
2. Site Work: Site work will be limited to the area included within the work line on the Site Work Limit
map, "Exhibit A, Attachment 1 ". Work beyond the site, if required, will be by separate contract. A
site survey will be provided for the area identified on the Site Work Limit map. Site work will
include all work associated with the buildings, swimming pools, hardscape, landscape, and parking
areas.
3. Building Description:
a. The proposed building will be single -story, slab on grade, Type V, non -rated construction,
with a full fire sprinkler system. The building will be designed and certified as L.E.E.D.
Silver Rating.
b. The snack bar will serve pre - prepared food only. There will be no open flame cooking,
cooking hoods, or grease trap.
4. Design Review: The project will be reviewed and approved by the Parks and Community Services
Commission and the City Council. Design Review Board or Planning Commission approval is not
required.
Consultant Services: Architect will provide the following consultant services for the building and
site work:
• Structural
• Mechanical
• Electrical
• Plumbing
• Civil
• Landscape
• Interior Design
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Title 24 Energy Compliance
• Cost Estimator
• Audio Visual
• Signage
• Environmental
• Aquatic
Performance Specs only will be provided for Fire Protection and Fire Alarm. Construction
Documents for these will be provided on a design /build basis through the General
Contractor.
6. Environmental Impact Review: The project will not require a full Environmental Impact
Review, however a Mitigated Negative Declaration shall be prepared upon completion of
the design development phase. The Architect will provide an allowance for an
Environmental Consultant to prepare the documentation.
Geotechnical Engineer: The services of a Geotechnical engineer are required and will be
provided by the City.
8. Phase I: Site & Program Assessment:
Project Initiation. The Architect will initiate the Project, and set up a system for
documenting the Project and organizing communication.
(i) Project Kickoff Meeting. The Architect will convene a kick -off meeting, attended by
key participants representatives from the City of Dublin. The group will review and
confirm the Project schedule. Initial assignments will be identified and
communication lines will be established among Project participants. Minutes will
be kept and distributed.
(ii) Initial Site Tour. The Architect and representatives of the City, will tour the site to
introduce the Architect to key issues and problems.
(iii) Meeting Schedule. The Architect will confer with the key project participants and
prepare an initial list of interviews and meetings to be scheduled.
Based on the information gathered in this Project initiation stage the Architect shall prepare
an updated Project schedule, list of interviews and meetings, directory of Project
participants and minutes of the Project kickoff and distribute these materials to Project
participants.
(i) Review Existing Studies. The Architect will gather and review any existing studies,
reports or planning documents regarding the services and operations of the new
Emerald Glen Recreation and Aquatics Complex to become familiar with any
previous planning efforts and goals and objectives.
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Review City's Guidelines. The Architect will meet with the City's Planning,
Building and Public Works Staff, so that the Architect can learn of any other
building code, engineering, zoning or environmental constraints on the site. The
Architect will look at maximum footprint, setback, FAR and height restrictions.
Review City's Green Building Ordinance and Guidelines. The Architect will review
all pertinent green building information and determine base line strategies for
meeting the City's Goals for a LEED Silver rated building. Prepare an initial LEED
checklist and provide feedback on feasibility.
(iv) Architect will meet with the City to review the project program to establish the
required uses and square foot allocations.
(v) Architect will conduct a public workshop to review the program and solicit public
comment and prioritization for the project.
(vi) Based on the public and staff comments, the Architect will prepare a final project
program for the City's approval.
9. Pro 'ect Budget and Schedule:
(i) Establish a Firm Schedule and Budget. The Architect will meet with
representatives of the City to establish a firm schedule and budget for the Project.
The information the Architect gathers in that meeting will guide later portions of
work. The Architect will draw upon the Emerald Glen Recreation and Aquatics
Complex Feasibility Study by the Sports Management Group, augmented by
additional information from the Architect's cost estimator to set up a working
budget document that takes into account anticipated costs for construction, fees
and permits, construction management, tests and inspections, furnishings and
equipment, and change order contingencies.
(ii) Based on the information, the Architect will provide the City a preliminary budget
memo and a schedule document.
10. Phase II: Conceptual Alternatives:
(i) Conceptual Plan Configuration. Based on the approved project program, the
Architect will prepare a maximum of three (3) conceptual site and floor plans for
review by the City representatives. These plans should address concerns
regarding site constraints and building program requirements.
(ii) Architect will conduct a public workshop to review the conceptual plans and solicit
public comments.
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(iii) Develop Exterior Alternatives. The Architect will create a maximum of three (3)
exterior alternatives based on one (1) floor plan to receive City comments on style
and character.
(iv) Review with City. The Architect will meet with the City to review these design
options and receive input.
(v) Based upon the City's input the Architect will prepare presentation drawings for
Parks and Community Services Commission and City Council review.
(vi) Project Cost Estimate. The Architect will do a conceptual construction and overall
Project cost estimate at this phase, and will review it with construction and cost
consultants. Overall Project costs include construction, fees and permits,
furnishings and equipment, LEED requirements and contingencies.
(vii) Present to Parks and Community Services Commission and City Council. The
Architect will present these materials to the Parks and Community Services
Commission and City Council for its review and input. The goal is that both bodies
will make recommendations as to the preferred options for the site and floor plans,
and the exterior alternatives.
11. Phase III: Schematic Design:
(i) Based on the mutually agreed -upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the City, Schematic
Design Documents consisting of the following:
a. Code search on the building, including meeting with representatives of the
Community Development Department, Public Works Department, Fire
Department, DSRSD, PG &E and Alameda County Waste Management
Authority to determine relevant requirements.
b. Site Plans
c. Landscape Plans
d. Schematic Grading, Drainage and Utility Plans
e. Floor Plans
f. Exterior Elevations
g. Building Sections
h. Exterior Materials Board
i. L.E.E.D. Scorecard
j. Solar Study
(ii) Based upon the City's input the Architect will prepare presentation drawings for
Parks and Community Services Commission and City Council review. This should
include; site plans, landscape plans, building floor plans, exterior elevations,
Consulting Services Agreement between
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primary interior elevation, color and material selections and preliminary furnishings
suggestions.
(iii) Project Cost Estimate. The Architect will do an updated construction and overall
Project cost estimate at this phase, and will review it with construction and cost
consultants. If the more detailed plans show an increase in costs Architect should
be prepared to review design elements that can be adjusted to bring costs in line
with the City's budget.
(iv) Present to Parks and Community Services Commission and City Council. The
Architect will present these materials to the Parks and Community Services
Commission and City Council for its review and input.
12. Phase IV: Design Development Phase:
(i) Based on the approved Schematic Design Documents and any adjustments
authorized by the City in the schedule or construction budget, the Architect shall
prepare, for approval by the City, Design Development Documents consisting of
the following drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical
systems, materials and such other elements as may be appropriate or necessary
to enter the construction document phase. The Architect shall coordinate and
review design concepts with City maintenance personnel.
a. Building Code Analysis
b. Site Layout Plans
C. Landscape and Preliminary Irrigation and Planting Plans
d. Grading, Drainage and Utility Plans
e. Representative Site Details
f. Floor Plans
g. Roof Plan
h. Exterior Elevations
i. Building Sections
j. Representative Wall Sections and Related Details
k. Selected Interior Elevations and Enlarged Plans
I. Reflected Ceiling Plans
M. Preliminary Door, Window and Finish Schedules
n. Structural Plans and Sections and Typical Details
o. Mechanical and Electrical Layouts
P. Outline Specifications
q. Lighting cut - sheets
r. Access and Egress Plans
S. Audio /Video system
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 5 of 13
(ii) The Architect shall submit to the City a more comprehensive Design Development
cost estimate based on current area, materials volume or other unit costs. The
preliminary cost estimate referred to in this paragraph and any adjustments thereto
shall indicate, in a level of detail satisfactory to the City, the cost of each category
or work involved in constructing the project.
(iii) The work of this phase shall include the following meetings. Meet with appropriate
representatives of the City of Dublin, County Agencies, DSRSD, Fish and Game,
and /or Fish and Wildlife to whom the documents will be submitted for plan check
and permits.
(iv) The Architect shall advise the City of any need or advisability of the City's securing
any additional tests, analyses, studies, reports, or consultant's services in
connection with the development of the design and construction documents for the
project.
(v) Present to Parks and Community Services Commission and City Council. The
Architect will present the Design Development to the Parks and Community
Services Commission and City Council for its review and input. The goal is that
both bodies will authorize the preparation of Construction Documents.
13. Phase V: Construction Document Phase:
Based on the approved Design Development Documents and any further adjustments in
the scope, quality of the project or in the construction budget authorized by the City, the
Architect shall prepare, for approval by the City, Construction Documents consisting of
Drawings and Technical Specifications setting forth in detail the requirements for the
construction of the Project, including final furnishing and equipment selections and
structural and energy calculations required by the local building authority. Said
Construction Documents, Drawings and Specifications shall incorporate a cost estimate at
50% completion based on a polling of current market conditions in the specific project
area. Should cost be in excess of 15% of the design development estimate, Architect shall
incorporate value engineering recommendations as approved by the City.
(i) The Architect shall coordinate the technical specifications with the bidding
requirements, contract requirements and general conditions provided by the City.
The Architect's scope of services shall be limited to technical coordination and
shall not include legal advice or insurance matters.
(ii) Construction drawings and specifications, or other construction documents or
contract documents submitted for approval or to any contractors for bidding or
negotiation shall be prepared to the standard of professional care and in
compliance with all applicable codes, ordinances, statutes, regulations and laws,
except to the extent expressly and specifically otherwise stated in detail in writing
by Architect at the time of such submission. By submitting the same for
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 6 of 13
C2 I �P Jo
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construction contract purposes, Architect confirms that Architect has identified any
reasonable test, studies, analyses or reports which are necessary or advisable to
be performed at that point in time. Architect shall additionally confirm these facts
in writing at such time.
(iii) The Architect shall advise the City of any adjustments to estimates of Construction
Cost for the project indicated by changes in requirements or general market
conditions. The Architect shall submit to the City updated estimates of
Construction costs upon completion of the 90% construction set to be the basis for
the engineers estimate.
(iv) The Architect shall assist the City in connection with the City's responsibility for
filing documents for the project required for the approval of governmental
authorities having jurisdiction over the Project. This would at a minimum include a
SWPP plan, LEED certification requirements, BAAQM permits, Fish and Game,
Fish and Wildlife and the Alameda County Health Department. However, the City
is responsible for the payment of any costs related to the filing and processing of
said documents.
(v) The City shall prepare Division 0 of the project manual.
14. Phase VI: Bidding & Negotiation Phase:
(i) The Architect, following the approval of the Construction Documents and of the
latest preliminary estimate of Construction Cost, shall assist in the bid process.
The scope of services includes the preparation of addenda which will be issued by
the City.
(ii) Architect shall provide the City a complete plot set of electronic drawing files and
black and white 8% inch by 11 -inch Project specifications for. Architect shall also
provide the City with an electronic ACAD current version of the plan set drawings
and an MS Word version of Project specifications. The City will use the electronic
plan set drawings and Project specifications only for record documentation.
15. Phase VII: Construction Administration Phase:
(i) The Architect's responsibility to provide basic services for the Construction Phase
under this Agreement commences with the Notice to Proceed for Construction and
terminates sixty -days (60) after final acceptance of construction. "Final
acceptance" as used in this paragraph shall mean the stage in the process of the
Work when the Work or designated portion thereof is sufficiently complete in
accordance with the Construction Documents so the City can occupy, and accept
the Work for its intended use. .
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 7 of 13
(ii) The Architect shall provide administration of the Construction Contract as set forth
in AIA Document A201, General Conditions of the Contract for Construction (2007
Edition), together with, and as amended by the City's supplementary general
conditions and other documents included or incorporated into the Construction
contract; provided, however, that whenever the provisions may be in conflict, the
provisions of the City's supplementary general conditions and other documents
included or incorporated into the Construction contract shall supersede the
provisions set forth in AIA Document A201.
(iii) The duties, responsibilities and limitations of authority of the Architect may be
reasonably restricted, modified or extended by the City after the date of this
Agreement, and if they are substantially restricted, modified or extended without
written agreement of the City and Architect, then Architect's compensation shall be
equitably adjusted.
(iv) The Architect, with the concurrence of the Construction Manager, shall generally
oversee and review the work for the project. The Architect, with the approval of
the Construction Manager, in each case, shall review the Contractor with regard to
matters set forth in the Drawings and Specifications. In addition to any specific
responsibilities assigned elsewhere in the Contract Documents, the Construction
Manager shall decide any and all questions which may arise as to the rate of
progress of the work. The Architect shall have authority to act on behalf of the City
only to the extent provided in this Agreement.
(v) The Architect shall visit the site at appropriate intervals to become generally
familiar with the progress and quality of the work completed 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 50 site visits. The Architect shall keep the City informed
of the progress and quality of the work and shall endeavor to guard the City
against defects and deficiencies in the work. The Architect shall issue written field
reports of such
(vi) 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 schedules or failure to carry out the work in
accordance 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.
(vii) Except as may otherwise be provided in the Contract Documents or when direct
communications have been specially authorized, the City, the Architect and
Contractor shall communicate through the Construction Manager. The City may
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 8 of 13
a3T 30
consult with the Architect regarding the selection and performance of the
Construction Manager. Communications by and with the Architect's consultants
shall be through the Architect.
(viii) The Architect and Construction Manager shall jointly review Contractor's
Applications for Payment. The Construction Manager shall have the sole authority
to certify and authorize payment of the amounts due the Contractor.
(ix) The Architect shall notify the City regarding any work which he is aware of that
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 accordance 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 shall give rise to a
duty or responsibility of the Architect to the Contractor, Subcontractors, material
and equipment suppliers, their agents or employees or other persons performing
portions of the work.
(x) The Architect shall review and take 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 shall be
taken with such reasonable promptness as to cause no delay in the Work or in the
activities of the City, 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 determining the accuracy and
completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment-or systems,
all of which remain the responsibility of the Contractor as required by the Contract
Documents. The Architect's review shall 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 item is a component.
(xi) The Architect shall review and assist the City or the Construction Manager as
directed in preparing Change Orders and Construction Change Directives, with
supporting documentation and data if deemed necessary, for the City's approval
and execution in accordance with the Contract Documents.
(xii) The Architect shall assist the Construction Manager 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 City for the City's review and
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 9 of 13
a��3o
records written warranties and related documents required by the Contract
Documents and assembled by the Contractor, and shall issue a final Certificate for
Payment upon compliance with the requirements of the Contract Documents.
(xiii) 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 drawings.
(xiv) The Architect shall render written opinions as requested by the City within a
reasonable time on all claims, disputes or other matters in question between the
City and Contractor relating to the execution or progress of the Work as provided
in the Contract Documents.
16. Phase VIII: Project Close Out Phase:
(i) The Architect will provide the City with the following; AutoCAD (version 2000 or
equal) base files of building for FM use (detail bubbles and keynotes removed),
Adobe 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 and Adobe Acrobat
PDF copy of furniture and kitchen equipment manuals.
(ii) The Architect will provide all required documentation for a LEED Silver rating. It
should be anticipated that the City will be submitting to the USGBC for a formal
certification.
17. Construction Cost:
a. Evaluations of the City's Project Budget, preliminary estimates of Construction
Cost and detailed estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as an architect familiar with the
construction Industry. It is recognized, however, that neither the Architect nor the
City has control over the cost of labor, materials, or equipment, over the
Consultant's methods of determining bid prices, or over competitive bidding,
market or negotiating conditions. Accordingly, the Architect cannot and does not
warrant or represent the bids or negotiated prices will not vary from the City's
Project budget or from any estimate of Construction Cost or evaluation prepared
or agreed to by the Architect.
18. L.E.E.D.:
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 10 of 13
a5 of 3f)
The building will be designed to LEED Silver standard. The Architect will prepare
the documentation for design credits and submit them to the USGBC for review.
Information and documentation for construction credits will be the obligation and
responsibility of the General Contractor. The Architect will submit the information
provided by the General Contractor to the USGBC for review. Final acceptance of
construction credits will be the responsibility of the General Contractor.
Architect will provide Enhanced Commissioning for the project. Taylor Engineering
will be the Commissioning Agent.
The LEED Green Building Rating System or similar environmental guidelines
( "LEED ") utilizes certain design, construction, and usage criteria in order to
promote environmentally friendly building. The Owner acknowledges and
understands that LEED is subject to interpretation, and achieving levels of
compliance involves factors beyond the control of the Architect, including, but not
limited to, the Owner's use, operation, and maintenance of the completed project.
In addressing LEED, the Architect shall perform its services in a manner
consistent with that degree of skill and care ordinarily exercised by architects
performing similar services in the same locality, and under the same or similar
circumstances and conditions. The Architect will use reasonable care consistent
with the foregoing standard in interpreting LEED and designing in accordance with
LEED. However, the Architect does not warrant or represent that the Project will
actually achieve LEED certification or realize any particular energy savings. The
Architect shall not be responsible for any environmental or energy issues arising
out of the Owner's use and operation of the completed project.
19. Project Meetings & Presentations: The Architect has allowed for the following number of
review meetings and presentations. Additional meetings or presentations will be provided
as an additional service when requested by the City.
Phase I - Site & Program Assessment
City Staff
Public Workshop
Phase II — Conceptual Alternatives
City Staff 2
Public Workshop 1
Parks & Community Services Commission 1
City Council 1
Phase III — Schematic Design
City Staff 2
Parks & Community Services Commission 1
City Council 1
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 11 of 13
a6�3o
Phase IV — Design Development
City Staff 2
Parks & Community Services Commission 1
City Council 1
Phase V — Construction Documents
City Staff
20. Renderings: Architect will provide two (2) exterior renderings of each of the three (3)
conceptual exterior designs for Phase II and one exterior and one interior final project
rendering for publication purposes at the completion of Phase IV.
21. 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 additional service on an
hourly basis. Revisions required by the Building Department for permit are included in the
project scope and fee.
22. Schedule: The Preliminary Project Schedule is provided. See Exhibit "A ", Attachment 2.
23. Work Not Included: The following items are not included within the project scope or fee:
a. Entitlement processing, including EIR, traffic studies, biological or other land use
studies.
b. Improvements required beyond the site work line.
C. Geotechnical Engineer.
d. Renderings, models or graphic presentation material other than those specifically
listed.
e. Public presentations or meetings other than those specifically listed.
f. Phase building, multiple permits, multiple bid sets, or fast track construction.
g. Consultant services, other than those specifically listed.
24. Fee Schedule: Services shall be compensated with the following fixed fees:
a) Phase I —
Site & Program Assessment
$20,000
Phase II —
Conceptual Alternatives
$239,500
Phase III —
Schematic Design
$342,000
Phase IV—
Design Development
$589,000
Phase V —
Working Drawings
$582,000
SUBTOTAL
$1,772,500
Phase VI — Bidding $10,000
Phase VII — Construction Administration (12 months) $212,000
SUBTOTAL $222,000
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit A Page 12 of 13
a�l 30
TOTAL FIXED FEE $1,994,500
b) E.I.R. Negative Declaration Documents $25,000 allowance
c) Theme Signage $20,000 allowance
TOTAL WITH ALLOWANCES $2,039,500
d) Additional Construction Administration Services $10,000 per month
25. Retainer: An initial payment of $30,000 shall be made upon execution of this Agreement
and credited to the City's account at final payment.
26. 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
City, fifteen (15) days prior to suspension of work.
27. Reimbursable Expenses: The following is a good faith estimate of reimbursable expenses.
This amount will not be exceeded without the City's approval.
Blueprints
Site & Program Assessment
$1,000
Conceptual Design
$4,000
Schematic Design
$4,000
Design Development
$6,000
Bid & Construction Documents
$33,000
Postage
$1000
Miscellaneous
$1000
TOTAL
$50,000
Architect will provide three (3) sets of plans and specifications at completion of Schematic Design,
Design Development, and Construction Documents. Architect will also provide electronic versions
of all documents on AutoCAD, version 2000, on CD ROM discs. Architect will provide copies for
bidding and construction. Architect will not charge for local travel time, mileage, telephone or fax.
Overnight delivery 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 13 of 13
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EXHIBIT "B"
EMERALD GLEN RECREATION AND AQUATICS COMPLEX
BASIC HOURLY RATE SCHEDULE
Doug Dahlin - Founder
Senior Principal
Principal
Senior Architect, Project Manager, Planner, and Designer
Architect, Project Manager, Designer
Planning Project Manager and Digital Graphics Manager
Senior Graphic Artist
Designer /Drafter III, Planner III, Graphic Artist III
Designer /Drafter II, Planner II, Graphic Artist II
Designer /Drafter I, Planner I, Graphic Artist I
Intern and Clerical
Digital Imaging Studio Director
3D Senior Project Manager
3D Project Manager
3D Illustrator III
3D Illustrator II
3D Illustrator I
3D /Video Coordinator
Intern
Clerical
Computer Plotting
Computer Plotting (COLOR)
DIGITAL IMAGING STUDIO
(24" x 36" sheet)
(30" x 42" sheet)
(8.5" x 11" sheet)
Standard Paper
(8.5" x 11" sheet)
Heavy Matte Paper
(17" x 11" sheet)
Standard Paper
(17" x 11" sheet)
Heavy Matte Paper
Oversize Computer Plotting (COLOR)
Oversize Grayscale Plotting (Finished Graphics, rendering)
Line Print for Graphics (Black and white line print on special paper that accepts marker)
$235
$210
$190
$160
$130
$130
$130
$115
$104
$ 94
$ 65
$165
$150
$140
$120
$110
$100
$ 90
$ 65
$ 65
$4.50 / Sheet
$6.00 / Sheet
$ .45 / Sheet
$ .65 /Sheet
$ .80 /Sheet
$1.25 / Sheet
$4.00 / sq. ft.
$2.75 / sq. ft.
$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 $ 0.585 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, 2008
Consulting Services Agreement between
City of Dublin and Dahlin Group -- Exhibit B
a
Page 1 of 1
CITY OF DUBLIN
BUDGET CHANGE FORM FISCAL YEAR 2012/2013
New Appropriations (City Council Approval Required):
X From Unappropriated Reserves
From Special Reserve Committed For Emerald Glen
Aquatic Center Expanded Scope (General Fund)
From New Revenues
BUDGET CHANGE #
Budget Transfers:
From Budgeted Contingent Reserve
Within Same Department Activity
Between Departments (Council Approval Req'd)
Other
REASON FOR BUDGET CHANGE ENTRY:
At the October 16th, 2012 City Council meeting, the City Council approved a change in the scope
of the Emerald Glen Recreation and Aquatic Complex project (CIP #950007), namely the addition
of a Natatorium to the project. In order to accommodate the additional design services the
architectural design costs will increase by $100,000. The City Council established a General
Fund Reserve Commitment associated with the Aquatic Center. This Budget Change will
appropriate $100,000 from this reserve to proceed with the project design.
As Presented at the City Council Meeting on:
# # # # # # # # # # # # # # ## #(Finance Use Only) # # # # # # # # # # # # # # # ##
Posted By:
City Council Minutes Excerpt Attached Reviewed By:
Date: 12/4/2012
Date:
G: \Budget Changes \5_2012 -13 \10_12_4_12 CIP950007 _Natatorium_Design_Cost.docx ATTACHMENT 4
Name: Parks CIP Projects — Parks CIP
Projects — Contract Services - Design
$100,000
GL Acct #: 3500.9501.64091
Project Acct #: 950007.9200.9202.1001
TRANSFERS IN
TRANSFERS OUT
Name: General Fund — Parks CIP
Name: General Fund — Parks CIP
Project - Transfer In
Project - Transfer Out
$100,000
$100,000
GL Account #: 3500.9501.49999
GL Acct #: 1001.9501.89101
Project Acct #: 950007.9509
REASON FOR BUDGET CHANGE ENTRY:
At the October 16th, 2012 City Council meeting, the City Council approved a change in the scope
of the Emerald Glen Recreation and Aquatic Complex project (CIP #950007), namely the addition
of a Natatorium to the project. In order to accommodate the additional design services the
architectural design costs will increase by $100,000. The City Council established a General
Fund Reserve Commitment associated with the Aquatic Center. This Budget Change will
appropriate $100,000 from this reserve to proceed with the project design.
As Presented at the City Council Meeting on:
# # # # # # # # # # # # # # ## #(Finance Use Only) # # # # # # # # # # # # # # # ##
Posted By:
City Council Minutes Excerpt Attached Reviewed By:
Date: 12/4/2012
Date:
G: \Budget Changes \5_2012 -13 \10_12_4_12 CIP950007 _Natatorium_Design_Cost.docx ATTACHMENT 4
or
19 82
!ii � 111
DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
July 16, 2013
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -35
Emerald Glen Recreation and Aquatic Complex Phase I Improvements
Prepared by Paul McCreary, Parks and Community Services Director
EXECUTIVE SUMMARY:
The City Council will receive an update on the scope of improvements planned for Phase I,
consider the inclusion of Public Art and a change order for design services for the additional
scope of improvements.
FINANCIAL IMPACT:
The 2012 -2017 Capital Improvement Program (CIP) includes the Emerald Glen Recreation and
Aquatic Complex (Project Number 930007) which includes a total combined anticipated project
expenditure for Fiscal Years 2013/14 through 2015/16 of $25,195,228 as reported to the City
Council in the Fiscal Year 2013/14 budget update. There are sufficient funds in the Fiscal Year
2013/14 budget to authorize the Change Order request of $496,000.
The City's past practice with funding public art at new City facilities has been to make a General
Fund contribution of 1% of the estimated building valuation, which exceeds the requirements on
private development by 0.5 %. Based on the estimated building valuation and using the 1% rate,
the total funding for public art in Phase I would be $220,000.
RECOMMENDATION:
Staff recommends the City Council take the following actions
1. Authorize the City Manager to execute the Change Order to the Consultant Services
Agreement with Dahlin Group Architecture; and
2. Determine if Public Art should be included in Phase I of the building and the preferred option
for funding for the art; and
3. Confirm the composition of the Art Selection Committee proposed by Staff.
Submitted B
Director of Parkland
Community Services
Reviewed By
Assistant City Manager
Page 1 of 3 ITEM NO. 7.7
DESCRIPTION:
The 2012 -2017 Capital Improvement Program (CIP) includes Phase I of the Emerald Glen
Recreation and Aquatic Complex (Project Number 950007). On April 16, 2013, the City Council
approved an update to the Emerald Glen Park Master Plan, as well as the conceptual layout of
the Recreation and Aquatic Complex.
During the meeting the City Council expressed the desire to include the outdoor Sport Pool in
Phase I of the project, as well as to finish the remaining park improvements including the
amphitheater. Based on the rate of development, sufficient funding will be available from the
Public Facility Fees to include the additional improvements in Phase I as desired by City
Council. Attachment 1 is the conceptual site plan for Phase I. Staff and the Architect will be
presenting more detailed design alternatives for the building to the Parks Commission in July
and City Council in August.
As part of the Fiscal Year 2013/14 update to the CIP, the improvement budget was increased to
include the improvements in Phase I rather than Phase II. Dahlin Group has since requested a
Change Order (Attachment 2) in the amount of $496,000 to provide the design services needed
for the additional improvements. Sufficient funding is available in the Fiscal Year 2013/14
budget to approve the Change Order, and the overall project costs would be increased as part
of the Fiscal Year 2014/15 CIP update.
Public Art
Staff needs direction at this time regarding inclusion of Public Art in the Recreation and Aquatic
Complex so that it could be incorporated into the building design. In the past, when constructing
a new public facility, the City has included a General Fund contribution towards commissioning
Public Art. The amount has historically been 1% of the estimated building valuation. The past
intent of making a General Fund contribution for the art, rather than using the Public Art Fund,
has been to demonstrate the City's commitment to the Public Art Ordinance by exceeding the
requirements of the Ordinance. Private developers are required to provide art in the amount of
0.5% of the estimated building valuation.
Neither the Public Art Ordinance nor the Public Art Master Plan preclude the City Council from
using the Public Art Fund to commission art in a public facility, and in fact notes that public parks
and facilities are locations where the funds could be spent. Therefore, if the City Council wishes
to include public art in Phase I of the project, there are several alternatives for funding the art.
If the City Council wishes to include Public Art, an artist selection process would be established
as outlined in the Public Art Master Plan and Ordinance. This would include creating a Request
for Qualifications to obtain a pool of potential artists for the project. Based on the guidelines in
the Master Plan, Staff would also recruit for an art selection panel that would:
Page 2 of 3
General
Public Art
Total
Fund
Fund
Funding
Option 1
General Fund Contribution at 0.5%
$110,000
$0
$110,000
Option 2
General Fund Contribution at 1.0%
$220,000
$0
$220,000
Option 3
Public Art Fund Contribution at 0.5%
$0
$110,000
$110,000
Option 4
Public Art Fund Contribution at 1.0%
$0
$220,000
$220,000
Option 5
Split Contribution at 0.5%
$55,000
$55,000
$110,000
Option 6
Split Contribution at 1.0%
$110,000
$110,000
$220,000
If the City Council wishes to include Public Art, an artist selection process would be established
as outlined in the Public Art Master Plan and Ordinance. This would include creating a Request
for Qualifications to obtain a pool of potential artists for the project. Based on the guidelines in
the Master Plan, Staff would also recruit for an art selection panel that would:
Page 2 of 3
• Be an ad -hoc panel formed for a limited period of time and appointed by the Mayor
with the consent of the City Council with the responsibility of recommending artists for
individual City projects or groups of projects;
• Be comprised of individuals representing the following interests: arts professionals,
community leaders, business owners, residents, gallery owners and art educators,
and
o One or more panelists shall be a representative from the Heritage and Cultural
Arts Commission and the Parks and Community Services Commission.
o At least half the panel shall be Dublin residents
o One or more panelists shall be professional artists, architects or landscape
architects with experience in public art
• Have strong representation from partnering nonprofit organizations, when appropriate;
• Recommend to the Heritage and Cultural Arts Commission an artist or artists to be
commissioned for projects;
• Review the credentials, prior work, proposals and other materials submitted by artists
for particular projects;
• Look for the best fit between the artist and the requirements in the project prospectus
and guidelines; and
• Be sensitive to the public nature of each project and the necessity for cultural diversity
in the Public Art Program.
Based on these guidelines Staff recommends the following makeup for the selection panel:
Heritage and Cultural Arts Manager — Facilitator (Non- Voting)
Parks and Facilities Development Manager — Technical Advisory (Non- Voting)
Architect of Record — Designer (Non- Voting)
(1) Heritage and Cultural Arts Commissioner
(1) Parks and Community Services Commissioner
(1) Public Artist (invitational based on scope of project)
(1) Art Educator from a Dublin school
(1) Dublin Fine Arts Foundation Board Member
(1) Community Member — Green Gator Swim Team Representative
(3) Community Members at Large
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A notice of the meeting was mailed to residences within 300 feet of Emerald Glen Park.
ATTACHMENTS: 1. Conceptual Site Plan
2. Change Order
Page 3 of 3
OVERALLSITE PLAN
ENII:::R:AI D GI E:N AQLAFIC CENI I..:R:
DunuN CHIP OFIDUBLAN DAHLIN
DAHLUN ,UI .111? I..L
Ernerald Glen Aquatic Center
562.005
May 6, 2013
REQUESTED ADD11110NAL SERVICES # 01 Page "I of 1
. ......... . .............................. . .......... . . . -.. . . ... .. .. . . ........ . ............. - - — . - - - ---------- ----
CLIENT: CI-I-Y OF DUBLIN FROW Karl Danielson, AIA, LEED AP
"100 Civic Plaza I"rincipal
DuNin, CA 94.568 Kar -I.dai,ii(alsoti((Pclal"ilii"igroLil,).corfi
ATTENTION: Paul McCreary C 0111,TRACT
paul.i,iiecy,eary@ci.dribnii,i.ca,us DXM, Decen-lber 4-, 2012
SPOKE WITH: Paul McCreary
RE: EMERALD GLEN REVISED PR0,JEc r SCOPE AND FEES
Dear Paul:
Based oil the City Coi.jricil's approval of the Concept Master Plarl, I [lave provided a revised Sco pe of
Services in Exhibit A (attached).
Please sign and return (via FAX or mail) the acceptance below arid w(.,, will proceed upon receipt. All
conditions Of OUr Original contract still ap,ply.
Thank you,
Approved this date:
(filled in by client)
crry OF IDUBLIN
Paul McCreary
:::Iairks and C011THT1U1rdtY Seirvlices I )liirectoir
END OF RAS 01
5865 Owenl ,', Di ve 1200
Hea,st,ml(m, G,dd'm'nia 9,45AH8 J;�V\ I A -001 fax
DAF ILIN GROUP, INC,
Karl DanieIson, AIA, I...EED AP
Principal
License #C11201 and Exp. 11130113
EXI-I I BIT "A"
EMERALD GLEN RECREATION AND AQUATICS COMPLEX
REVISED PROJECT SCOPE AND FEES
P roj I !eqgctLDescdption,: The project will be based on the approved Conceptual Master I-Ilan dated April
16, 2013 (attached),
2,
Project Phases: The project will Ibe developed in two (2) phases, Phase I work will consist of all
Site development, Aquatics Facilities, and Phase I Building with additional roorns described below,
-Phase II work will consist of Gymnasium, Preschool, Mat Room, Fitness Room, and Restroorn,
3. Site Work:
a. Additional site work will be provided per the Concept Master Plan to include;
(i) Amphitheater,
(ii) Central Plaza,
(iii) Additional parking areas,
(iv) 1 -lie Doreen,
(v) Relocation of Preschool facilities, Children's MUSeUrn, and I'llaygrOUnd Restroom,
lb. Entire site will be graded at one time, Any excess dirt will be stockpiled on the P[lase 11
site,
C. Amphitheater and Stage will be limited to:
(i) Grading and landscaping for Amphitheater,
(ii) A concrete performance circle to service as a Stage,
(iii) 1 10-foot paths on either side for access,
(iv) AA seating areas in front of Stage,
(v) Provision for six (6) 30-amp electrical outlets,
(vi) Stubs for future light and audio /visual equipment.,
A band shell will not be provided in this phase.
d. The existing Preschool and Children's MUseUrn facilities be relocated onto new
foundations near the southwest corner of the site. New utilities will be provided as
necessary for this site location. A new playground will be designed and constructed, along
with the facilities,
e, relocate the existing Restroom next to the existing Playground,
4. AQuatic Facilities:
a. The Sport Pool and associated pool deck and landscaping will be provided in Phase 1, The
Sport Pool will be per the Concept Plan:: dated April 16, 2013 (attached),
lb. The Natatorium Pool will be provided per the Concept Plan dated April 16, 2013
(attached),
5. Building
a. 'The,, Phase I Building has been increased +/- 2,600 s.f, by adding a Flex Room, Natatorium
viewing area, Restroorns at the Lobby, Laundry Room, LT, Room, expanded Electrical,
Janitor-, and Storage Rooms.
Consulting Services Agreement between
City of Dublin and Dahlin Group-Exhibit A -- Revised Pro' �ct.Scolp�Q_�,gILEcps
...... . . . . . . . . ................. L�, _- _L _ Page I of 2
6. Construction Cost: The construction cost for the project has been increased +/-- $4,500,000. This
budget is for construction only and does not include fees, permits, testing, inspections, furniture,
fixtures, and equipment, or soft costs for the above items,
7� Work Not Included: Per original contract.
Fee Schedule: Services for the revised Scope shall be fixed fees as follows:
a® Conceptual Master Plan $37,000
Schematic Design $110,000
Design Development $1' 62,000
148 000
SUBTOTAL $4.57,000
Bidding $3,,000
Construction Administration $36,000
SUBTOTAL. $39,000
TAL. FIXED FEE $496,000
END OF EXHIBIT'A'
REVISED PROJECTSCOPE AND FEES
Consulting Services Agreement between . .........
Cfty of Dublin and! Dahlin Group— Exhibit A — Revised I'-'age 2 of 2
CITY OF DUBLIN
CONTRACT CHANGE ORDER NO. 1
PROJECT: Emerald Glen Recreation and Aquatic Complex - CIP # 930007
TO: Dahlin Group Architects
AGREEMENT DATED December 4, 2012
between Dahlin Group Architects and the City of Dublin
You are hereby directed to make the herein described changes from the scope of services or do the following described work not included
in the scope of services on this contract.
NOTE: This change order is not effective until approved by the City Manager
Change requested bv: City of Dublin
The last percentage shown is the net accumulated increase or decrease from the original fee in the Agreement.
Dahlin Group Architects for a total not to exceed $496,000 based on a City directed scope change to design and prepare
construction documents the park and facility. This exceeds the originally anticipated scope of services as detailed in the
contract amendment dated December 4, 2012.
SUBMITTED BY:
ESTIMATED COST INCREASE $496,000
APPROVAL RECOMMENDED BY APPROVED BY
Henna Lichtenstein Date Paul McCreary Date Joni Pattillo Date
Parks & Facilities Develop. Manager Parks & Community Services Director City Manager
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved,
that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for
the work above specified, and will accept as full payment therefor the prices shown above.
Accepted, Date
an
Consultant
Title
PAGE 1 OF 1
ATTACHEMENT 1
DATE:
PROJECT NAME:
CIP #:
CONTRACT NO.
CHANGE ORDER NO.
PERCENT COMPLETED
CONTRACTOR:
CONTRACT AMOUNT:
CITY OF DUBLIN
EXHIBIT "A" CHANGE ORDER FORM
7/11/2013
Emerald Glen Recreation and Aquatic Complex
93007
1
4%
Dahlin Group Architects
$2,189,500
CONTRACT CHANGE ORDERS: AMOUNT
CHANGE ORDER #01, Design Changes 496,000.00
496,000.00
TOTAL OF ALL CURRENT AND PRIOR CHANGE ORDERS:
ADJUSTED CONTRACT AMOUNT:
PROGRESS PAYMENTS MADE:
CONTRACT CHANGE ORDERS: AMOUNT
$496,000.00
$2,685,500.00
PAYMENT #01
$96,640
PAYMENT #17
PAYMENT #02
$11,975
PAYMENT #18
PAYMENT #03
$9,580
PAYMENT #19
PAYMENT #04
PAYMENT #20
PAYMENT #05
PAYMENT #21
PAYMENT #06
PAYMENT #22
PAYMENT #07
PAYMENT #23
PAYMENT #08
PAYMENT #24
PAYMENT #09
PAYMENT #25
PAYMENT #10
PAYMENT #26
PAYMENT #11
PAYMENT #27
PAYMENT #12
PAYMENT #28
PAYMENT #13
PAYMENT #29
PAYMENT #14
PAYMENT #30
PAYMENT #15
PAYMENT #31
PAYMENT #16
PAYMENT #32
$118,195
$0
TOTAL ACTUAL PAYMENTS:
$
118,195.00
ADJUSTED TOTAL CONTRACT:
$2,685,500.00
REMAINING BALANCE ON CONTRACT:
$2,567,305.00
SIGNATURE:
APPROVED
DENIED
Supervising
Dept Head
APPROVED
DENIED
., Ly a aye
APPROVED
DENIED
Mayor
RESOLUTION NO. xx - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN
AND DAHLIN GROUP FOR ADDITIONAL SERVICES FOR THE EMERALD GLEN
RECREATION AND AQUATIC COMPLEX
WHEREAS, the City Council adopted Resolution 185 -08 approving an agreement with
Dahlin Group on October 7, 2008 for Design Services for the Emerald Glen Recreation and
Aquatic Complex; and
WHEREAS, in 2009, due to the economic downturn, the City Council directed Staff to
suspend the project; and
WHEREAS, the City Council adopted changes to the building and phasing plan for the
complex and directed Staff to re -start the project on October 16, 2012; and
WHEREAS, the City Council on December 4, 2012 approved an amendment to the
original Agreement with an updated scope of services; and
WHEREAS, the City Council approved a second amendment to the contract based on
the City Council's approval of the Conceptual Plan, which increased the size of the building in
the first phase and included the final phase of park improvements; and
WHEREAS, the City Council on December 17, 2013 approved various expanded
components of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the amendment to the Agreement and authorizes the City Manager to execute
the amendment with Dahlin Group for additional design services for the Emerald Glen
Recreation and Aquatic Complex.
PASSED, APPROVED AND ADOPTED this 19th day of August, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
ATTACHMENT 1
City Clerk
.. =
AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND DAHLIN GROUP
THIS THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND DAHLIN GROUP is hereby entered into this 19th day of August, 2014 by and
between the City of Dublin ( "City ") and Dahlin Group ( "Consultant).
RECITALS
A. City and Consultant entered into that certain Consulting Services Agreement between the
City of Dublin and Dahlin Group, dated October 7, 2008 ( "Agreement ") whereby Consultant agreed to
provide certain consulting services pertaining to the design of the Emerald Glen Recreation and Aquatic
Complex, and more completely described in Exhibit A of the Agreement.
B. City and Consultant desire to expand the project scope and fees to allow for various plan
changes as approved by the City Council on December 17, 2013.
NOW, THEREFORE, CITY AND CONSULTANT hereby agree as follows:
Exhibit "A" of the Agreement is hereby amended to include the additional services as follows:
Scope of Work:
Aquatics Expansion: The exterior pool deck has been increased to accommodate
expanded aquatics features into the design. This includes the following additional work:
(i) Expansion of the pool deck areas to allow for additional area to incorporate speed
slides at the slide tower and to create more seating / leisure space between the
individual on deck features.
(ii) Additional lighting and power utilities at the expanded pool deck area.
(iii) Additional surge tank capacity design and pump engineering to accommodate the
additional slides.
(iv) Additional grading and drainage design at the expanded pool deck area.
(v) Additional C.3 calculations and storm water treatment design.
(vi) Additional landscape and irrigation design at the expanded pool area.
(vii) Redesign and enlargement of the sport pool to accommodate two additional
competition swim lanes and a separated warm up / play area at the pool.
(viii) Additional surge tank capacity design and pump engineering to accommodate the
additional pool size.
(ix) Additional fence and retaining wall elements to accommodate the expanded areas.
(x) Addition of an exterior pool toilet and storage building adjacent to sports pool. The
expansion of the water areas for the sports pool area requires the addition of toilet
room facilities for both men and women that cannot be accommodated in the
primary building as initially planned. The planned outdoor covered storage area is
now combined with this requirement to create one structure.
(xi) Reconfiguration of the indoor natatorium pool; at the time of the initial contract
extension, the indoor natatorium pool design was approved by staff and the
drawing was part of the contract extension. Following the extension, we have
attended multiple additional design meetings to revise the configuration and layout
of the pool, including multiple design revisions.
(xii) Additional overall coordination and construction administration for the expanded
scope area.
(xiii) Attendance at Public Art meetings for initial selection, final selection, and
construction coordination with selected Public Artist at the request of Staff.
(xiv) Additional Structural Engineering and Landscape Architectural Detailing and
drainage connections required for coordination with selected public artist for all
pedestal support elements at entry plaza art.
Natatorium Structural Design: The original contract for the project was to deliver a design -
build- install element for the natatorium similar to the Alan Witt Park natatorium in Fairfield,
CA by Standard Structures. This is a Kal -Wal clad, gable form roof structure. During the
design process, the City determined this form and aesthetic were not one they desired,
and we were directed to look at alternate structural systems that provided enhanced
design. The City Council ultimately selected "the wave ", a design that is a much more
dynamic and exciting structure. The design engineering requirements for this type of
custom structural system are greater than those of a simple gable form. Dahlin Group has
entered into a contract with Novum Structures for the ETFE clad space truss design of "the
wave" to meet the City of Dublin Building Department's minimum submittal requirements
as defined by Gregory Shreeve, CBO City of Dublin, and to ensure the project can be
permitted and competitively bid for this portion of the work. Included in this R.A.S. is time
for design, construction documentation and construction administration services based on
the enhanced requirements of the structural system for the alternate vendor and system.
C. Environmental Impact Reporting: The initial contract included an allowance for performing
a basic review and MND report that would be considered along with the existing reports
completed for the overall Emerald Glen Park Master Plan. After a review with City Staff it
was determined that the existing documents were not sufficient, and a more intensive level
of study would be required to satisfy CEQA requirements for this project. We have
engaged Jerry Haag, Environmental Planner, to provide the additional review and
mitigation recommendations for the entire project and to consider potential noise and traffic
related issues that were not sufficiently addressed in the initial project master plan study.
d. Fundamental and Enhanced Commissioning Services: The project is required by Cal
Green and LEED to incorporate fundamental building commissioning services for project
completion and close -out, which is a service that is contracted for and provided directly by
the Owner. In order to maintain our track for a LEED Silver certification level, we have
incorporated enhanced commissioning services into the project. This step requires that a
Commissioning Agent is engaged during the document generation phases to review and
provide input to the design team. We have now included these services under our contract
to the City to expedite this process.
e. Cost Analysis Update: At the request of Staff, we are providing an additional cost estimate
update at approximately 25% CD. This update includes the expansion of the pool deck
area, additional pool storage / toilet building, and other design revision impacts noted
above.
2. Construction Cost: The Cost Analysis Update will determine the current estimated project costs.
We have estimated that the current revisions will increase the project costs by ±$4,000,000. This
cost is for construction only and does not include fees, permits, testing, inspections, furniture,
fixtures, and equipment, or soft costs for the above items.
3.
Work Not Included:
a. Per original contract.
b. Mitigation measures required by the Updated E.I.R., if any.
4. Fee Schedule: Services for the revised Scope shall be fixed fees as indicated below. The fee
allowance for E.I.R. services will be increased by the amount below.
TASK
RAS #02
Site & Program Assessment
Conceptual Master Plan
Schematic Design
Design Development
$179,760
Working Drawings
$222,560
SUBTOTAL
$402,320
Bidding
Construction Administration $25,680
SUBTOTAL $25,680
TOTAL FIXED FEE $428,000
E.I.R. Negative Declaration Documents $50,320
Fundamental / Enhanced Commissioning Services $25,000
Theme Signage
Reimbursables
TOTAL WITH ALLOWANCES $503,320
Additional Construction Administration Services -
END OF EXHIBIT `A'
REVISED PROJECT SCOPE AND FEES