HomeMy WebLinkAboutItem 4.05 Dahlin Group Maint Yard Public Safety Amend Agmt or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #600-35
DATE: April 21, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Contract Amendment with Dahlin Group for Architectural Services
Prepared by Meghan Tiernan, Parks & Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider a contract amendment to close-out the Agreement with Dahlin
Group for architectural design services for the Maintenance Yard Facility and Public Safety
Complex project. The proposed amendment is for additional services related to expansion of
site work, underground utility coordination, and electrical revisions during construction.
FINANCIAL IMPACT:
The cost of the additional services under the proposed Amendment is $40,625. There is
sufficient funding allocated in the project budgets to approve the Amendment with Dahlin Group.
RECOMMENDATION:
Staff recommends the City Council adopt the Resolution Approving the Amendment to the
Agreement with Dahlin Group for architectural design services for the Public Safety Complex
and Maintenance Yard Facility.
� r
Submitted By l Reviewed By
Parks and Community Services Director Assistant City Manager
DESCRIPTION:
On March 20, 2012, the City Council authorized Resolution 37-12 Approving an Agreement with
Dahlin Group for architectural design services for the Maintenance Yard Facilities and the Public
Safety Complex (Attachment 3). On July 16, 2013, City Council authorized additional
architectural services to address upgrades to the roof and heating and ventilation (HVAC)
systems at the Public Safety Complex in the amount of$47,500 (Attachment 4).
The current contract amendment being proposed by Dahlin Group covers various components
of the project that required design modifications during the construction period. Staff has
outlined some the more significant items below:
Page 1 of 2 ITEM NO. 4.5
5777 Scarlett (Maintenance Yard Facility)
1. Expansion of site work to include hydro-modification analysis for the storm water design
and C3 retention basin.
2. PG&E underground coordination to add an underground joint trench consultant to
expedite the PG&E design process and avoid construction delays.
3. Owner/ tenant revisions to electrical requirements at open bay shop area.
6363 Clark (Public Safety Complex)
1. Expansion of site work and project area to include new accessible pathways from Dublin
Boulevard to the project main entry door and to the relocated trash enclosure.
2. Owner / tenant revisions to electrical requirements and additional design for connections
to the Mobile Command Vehicle storage area.
The total cost for the design of these requirements is $40,625 or three percent of the total
design fees of $1,216,039. Staff is requesting that the City Council approve the draft resolution
approving an amendment to the agreement with the Dahlin Group (Attachments 1 and 2).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was sent to Dahlin Group.
ATTACHMENTS: 1. Resolution to Approve Amendment to Agreement
2. Scope of Additional Services
3. Staff Report - Original Agreement on March 20, 2012
4. Staff Report - Change Order#1
Page 2 of 2
RESOLUTION NO. xx - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH
DAHLIN GROUP ARCHITECTS FOR ADDITIONAL DESIGN SERVICES FOR
THE PUBLIC SAFETY COMPLEX AND MAINTENANCE YARD FACILITIES
WHEREAS, on March 20, 2012 the City Council (hereinafter referred to as "CITY")
approved an Agreement (hereinafter referred to as "AGREEMENT') for design services with
Dahlin Group Architects (hereinafter referred to as "CONTRACTOR") for the Public Safety
Complex and Maintenance Yard Facilities; and
WHEREAS, the CITY and the CONTRACTOR wish to amend the terms of the
AGREEMENT to account for additional design services necessary during construction; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the amendment with Dahlin Group Architects for additional design services, in
the amount of ($40,625).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the AGREEMENT.
PASSED, APPROVED AND ADOPTED this 21 t" day of April 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
DAHLIN
Clark Avenue/Scarlett Court
562.010/562.012
December 22, 2014
(JI ADDITIONAL i 1 Page 1 of 1
CLIENT: CITY OF DUBLIN FROM: Gregor L. Markel, AIA, LEED AP
100 Civic Plaza Senior Associate/Senior Architect
Dublin, CA 94583 Gregor.Markel @dahIingroup.com
ATTENTION: Meghan Tiernan CONTRACT
Meghan.Tiernan @dublin.ca.gov DATE: February 7, 2012
SPOKE WITH:Herma Lichtenstein/Brent Smith
RE: 5777 SCARLETT COURT—CITY OF DUBLIN/ACFD MAINTENANCE FACILITIES
6363 CLARK AVENUE—CITY OF DUBLIN PUBLIC SAFETY COMPLEX
Dear Meghan:
In relation to the above contracts, and per your previous directions we have provided the following
additional services to the above projects:
6363 CLARK AVENUE:
1. Expansion of Site Work; At the time of plan check, City of Dublin Public Works reversed a previous
decision and required that the project team provide additional field survey work, Civil Engineering,
Landscape and Irrigation, and Electrical Design Services to expand the project area to include new
accessible pathways from Dublin Boulevard to the project main entry door and to relocated trash
enclosure area.
2. Owner/ Tenant revisions completed during construction of project that include revisions to electrical
requirements at IT Room and additional design for connections to Mobile Command Vehicle storage
area.
5777 SCARLETT COURT:
3. Expansion of Site Work; At the time of plan check, City of Dublin Public Works additional Civil
Engineering work for BAHM / Hydromodification analysis for the proposed storm water design and
C.3 retention basin layout. Subsequent revisions impacted Civil Engineering, Landscape and
Irrigation Design.
4. PG&E Underground Coordination; during construction the project team added a underground joint
trench consultant to expedite the PG&E design process; additional underground utility routing
conflicts were uncovered and relocation of utilities and C.3 retention area was undertaken to provide
a construction cost savings to the Owner.
5. Owner / Tenant revisions were completed during construction that include revisions to electrical
requirements at the open bay shop area in Building A for additional and revised work.
L,AY``5 Owens Nive i 1 925 251-721)0 WWW.DAHLINGROUP.COM
Pli=<ssanlon, (,cjlNomia 04588 USA i 1.O25-2".',1-7201 fax
Clark Avenue/SoadettCourt
12/22/2O14
REQUESTED ADDITIONAL SERVICES Page 2 of 2
Our fee for these services will bea FIXED FEE of: $40.625u0
Please sign and return (via FAX or mail) the acceptance below and wewill proceed upon receipt. All
conditions of our original contracts still apply.
Thank you,
Approved this date:
CITY DFDUBLIN DAHL|NGROUP. INC.
Name: G r L. r r -
Title: Geni n Senior Architect
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END OFRASO1
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19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #600-35
DATE: March 20, 2012
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager"
SUBJECT: City of Dublin and Alameda County Fire Joint Use - Consultant Services
Agreement
Prepared by Herma Lichtenstein, Parks and Facilities Development Manager
EXECUTIVE SUMMARY:
On October 18, 2011, the City Council approved the purchase of the NFL property at 6363 Clark
Avenue for future expansion of the Civic Center public safety functions. At that time, the City
Council authorized Staff to evaluate a variety of uses and provide recommendations. Staff
reviewed the property, in conjunction with the City's maintenance facility, and has determined
that a joint use project between the City and Alameda County Fire would be feasible.
FINANCIAL IMPACT:
The total cost of the additional services needed to initiate design and engineering for the two
projects is $1,749,989. After accounting for unexpended funds an additional appropriation from
the General Fund Innovations and Opportunities Committed Fund Balance is required as
outlined below:
Less Funds Available in
Capital Improvement Total Additional
PROJECT Cost of Revised Scope Project Budget Appropriation from
(Design/Testing/ Project (Prior Appropriations Less Innovations &
Management) Expenditures To Date) Opportunities Fund
Maintenance
Facility
Improvements
CIP# (930010) $ 1,176,255 ($ 656,800) $519,455
Civic Center
Expansion
CIP# (930016) $ 573,734 ($ 68,819) $503,915
TOTAL 1 $ 1,749,989 1 ($725,619) 1 $ 1,023,370
RECOMMENDATION:
Staff recommends the City Council: 1) Adopt the proposed Resolution 2) Approve the budget
change; and 3) Authorize the use of the General Fund committed Fund Balance to fund these
additional project costs.
Page 1 of 4 ITEM NO. 8.5
, .
Submitted By- Reviewed By Reviewed by
Parks and Comm nity Administrative Services Assistant City Manager
Services Direc r Director
DESCRIPTION:
On December 16, 2008, the City Council approved the purchase and sale agreement for real
property at 5777 Scarlett Court (former 84 Lumber site) as the future home of the City's
Maintenance Yard facility. The original property was approximately 2.61 acres and currently
includes an 18,020 square foot metal warehouse building. The City's maintenance division has
operated out of the existing building on the site since the purchase in 2008. The City also
vacated a portion of Scarlett Court adjacent to the site which added approximately 1.1 acre to
the site, creating a site now approximately 3.7 acres.
As the City was preparing to begin planning for the new City maintenance building, the City was
approached by the Alameda County Fire Department (ACFD) about the potential for co-locating
an ACFD maintenance facility on the site. ACFD has attempted to secure a larger facility to be
able to conduct maintenance activities for fire vehicles. Given the size of the site and the
potential to develop two facilities on the site, Staff recommends the City Council authorize Staff
to move forward with the design of those facilities.
On October 18, 2011, the City Council approved the purchase of the former National Food Lab
(NFL) facility at 6363 Clark Avenue for future Civic Center expansion. It is the City's intent to
relocate Dublin Police Services to that facility. Staff has had discussions with ACFD about
potentially housing the ACFD Administrative Staff (currently located in San Leandro and other
locations) at this facility.
Staff is still negotiating with ACFD on the terms of both potential lease agreements. Any
agreement with ACFD will be brought back to the City Council for consideration and the design
and construction services included in this contract would not begin until such time a lease
agreement was approved by the City and ACFD.
In order to move forward with a proposed joint use development between the City and Alameda
County Fire for a Maintenance Facility at the City Corporation Yard and begin the first phase of
a public safety building at the Civic Center Expansion Site on Clark Ave., a number of consultant
services will be required. The consultants have been chosen based on prior experience with the
City and Alameda County and their ability to move forward immediately with the project. The
City of Dublin currently has a Consultant Services Agreement with Dahlin Group Planning and
Architecture to prepare construction documents to renovate the former 84 Lumber building for
use as the City's Maintenance Facility. Work by the Dahlin Group was suspended in 2009 to
allow Staff the opportunity to evaluate additional uses for the site. Since that time, discussions to
co-locate the Alameda County Fire Vehicle Maintenance Facility on the site have occurred.
Initial analysis confirms this is a viable combined use. Additional design and costing services
are necessary to move forward with this project.
Page 2 of 4
To fund the services, City Council will need to authorize the following:
Dublin Maintenance Yard Site
1) Amend the Dublin Maintenance Facility Consultant Services Agreement with Dahlin Group
Architecture and Planning. The amendment will adjust the scope of services and fees to include
the design of the Alameda County Fire Maintenance Operations Facility that would be housed in
the existing building, as well as a new separate City Maintenance Building on the site.
TOTAL: $846,000
2) Authorize the Dublin Maintenance Facility Consultant Services Agreement with Bovis Lend
Lease for Construction Management during demolition and construction of the City Maintenance
Facility Building and Alameda County Fire Maintenance Operations Facility. The scope of
services and fees include a Review and documentation of construction activities as well as input
on design documents.
TOTAL: $247,330
3) Authorize the Dublin Maintenance Facility Consultant Services Agreement with
Environmental Resources Management for hazardous materials testing prior to demolition. The
scope of services and fees include a comprehensive sampling of all building materials to ensure
proper handling and disposal during demolition.
TOTAL: $7,925
4) Authorize the Dublin Maintenance Facility Consultant Services Agreement with Lai &
Associates for Geotechnical testing & review. The scope of services and fees include a soils
testing for structural evaluation, design recommendations and compaction review during
construction.
TOTAL: $75,000
Staff has determined that the Civic Center Expansion property on Clark Ave can be utilized by
both Alameda County Fire and the City of Dublin Police Services. In order to move forward
with a program master plan / phasing plan and first phase of design, the following consultant
services are required:
Civic Center Expansion — Clark Ave
1) Authorize Consultant Services Agreement with Dahlin Group Architecture and Planning. The
scope of services and fees include the master plan study of the entire complex and the first
phase of design for the Alameda County Fire Department's Administrative offices.
TOTAL: $322,539
2) Authorize the Consultant Services Agreement with Bovis Lend Lease for Construction
Management during demolition and tenant improvement construction. The scope of services
and fees include a Review and documentation of construction activities as well as input on
design documents.
TOTAL: $164,020
3) Authorize the Consultant Services Agreement with Environmental Resources Management
for hazardous materials testing prior to demolition. The scope of services and fees include a
comprehensive sampling of all building materials to ensure proper handling and disposal during
demolition.
TOTAL: $32,175
Page 3 of 4
4) Authorize the Consultant Services Agreement with Lai & Associates for Geotechnical testing
& review. The scope of services and fees include a soils testing for structural evaluation, design
recommendations and compaction review during construction.
TOTAL: $45,000
The following is a summary of the additional services required to move forward with the joint use
facilities.
HazMat
Architectural Consulting Geotechnical Construction
PROJECT Services Services Services Management TOTAL
Maintenance
Facility
Improvements
CIP# (930010) $ 846,000 $ 7,925 $ 75,000 $ 247,300 $1,176,255
Civic Center
Expansion
CIP# (930016) $ 322,539 $ 32,175 $ 45,000 $ 164,020 $573,734
TOTAL $ 1,168,539 $ 40,000 $ 120,000 $ 411,320 $1,749,989
Funding For Projects
As previously noted, both of the projects have current appropriations in the 2010-2015 Capital
Improvement Program. However, given the additional scope and desire to proceed with work
on the projects, an additional appropriation is required. The total additional appropriation for
both projects is $1,023,370. A budget change has been prepared (Attachment 2) which
appropriates the additional funding to the appropriate project expense accounts. The proposed
source of funding is the General Fund balance committed for Innovations and New
Opportunities.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution
2. Budget Change
Page 4 of 4
RESOLUTION NO. XX - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AGREEMENTS FOR THE CITY OF DUBLIN / ALAMEDA COUNTY JOINT USE
MAINTENANCE FACILITY AND THE CITY OF DUBLIN / ALAMEDA COUNTY JOINT USE
PUBLIC SAFETY FACILITY
WHEREAS, on December 16, 2008, the City Council authorized purchase of property at
5777 Scarlett Court ("the Property") for use as the City's Maintenance Yard Facility; and
WHEREAS, the City Council established a Capital Improvement Program, to allow for the
development of the City as the City's Maintenance Yard facility; and
WHEREAS, on October 18, 2011 the City Council authorized purchase of property at 6363
Clark Ave ("the Property") for use as Civic Center Facility Expansion; and
WHEREAS, on the same date the City Council established a Capital Improvement Program,
to allow for purchase of the Property and to initiate a study of future expansion options for the Civic
Center; and
WHEREAS, Staff has evaluated certain options for the Property including utilizing it as a
joint use public safety facility ("the Project"); and
WHEREAS, the Alameda County Fire Department would be able to co-locate on the
Property; and
WHEREAS, Alameda County Fire Department would be also be able to co-locate on the
City's Maintenance Yard property; and
WHEREAS, the joint use of the Property and the Maintenance Yard would be of benefit to
the City and Alameda County Fire Department; and
WHEREAS, to move forward with the Project, professional services will be required for
design, construction management, hazardous materials testing and geotechnical engineering; and
WHEREAS, Dahlin Group architects, Bovis Lend Lease, ERM West and Paul Lai and
Associates have all demonstrated the ability to perform said professional services for both the City
and Alameda County; and
WHEREAS, these firms are available to perform work as specified.
WHEREAS, the source of funding for the work described is proposed to be the General
Fund Balance committed for Innovations and New Opportunities; and
WHEREAS, Resolution 106-11 which established the fund balance committed for
Innovations and New Opportunities requires approval by the City Council to appropriate funds from
this source.
ATTACHMENT 1
NOW, THEREFORE, be it resolved by the City Council of the City of Dublin that the City
Council does hereby approve the Agreement with Dahlin Group Architects, attached hereto as
Attachment 1, and authorizes the City Manager to execute the Agreement.
BE IT FURTHER RESOLVED, that the City Council of the City of Dublin does hereby
approve the Agreement with Bovis Lend Lease, attached hereto as Attachment 2, and authorizes
the City Manager to execute the Agreement.
BE IT FURTHER RESOLVED, that the City Council of the City of Dublin does hereby
approve the Agreement with ERM West, attached hereto as Attachment 3, and authorizes the City
Manager to execute the Agreement.
BE IT FURTHER RESOLVED, that the City Council of the City of Dublin does hereby
approve the Agreement with Paul Lai and Associates, attached hereto as Attachment 4, and
authorizes the City Manager to execute the Agreement.
BE IT FURTHER RESOLVED, that the City Council of the City of Dublin does hereby
authorize the use of $1,749,989 from the General Fund balance committed for Innovations and
New Opportunities.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
1804011.1
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. ("Coonsultant") as of March 7, 2012.
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 the final acceptance of the Dublin Civic Center Expansion
Project, 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, $322,539
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 March, 2012
City of Dublin and Dahlin Group, Inc. Page 1 of 13
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;
a 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'.
i
Consulting Services Agreement between March, 2012
City of Dublin and Dahlin Group, Inc. Page 2 of 13
I
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 March, 2012
City of Dublin and Dahlin Group, Inc. Page 3 of 13
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 March, 2012
City of Dublin and Dahlin Group, Inc. Page 4 of 13 i
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.
f. 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 ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
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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:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement,
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
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 13;
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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i
I
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.
z
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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 all 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.
90.9 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
Joni Pattillo, City Manager Karl Danielson, Vice President
Dahlin Group, Inca
Attest:
Caroline Soto, City Clerk
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EXHIBIT"A"
6363 CLARK AVENUE—NFL BUILDING
BUILDING PROGRAMMING STUDY
1. General Proiect Description: The project will consist of gathering data for the City of Dublin
Police and Alameda County Fire Operations user groups anticipated to be relocated to the
existing Clark Avenue building. We will generate conceptual program and plan studies to
illustrate how the various user groups could fit into the space, and how the site may be
revised to accommodate.the new uses. As built documentation for the existing site and
facility will-be generated under a separate scope of work and will be utilized as the basis
for the conceptual design information generated.
2. Design Review: Conceptual rework of the site and building exterior where applicable will
be generated for initial City staff and user group review and comment. No formal exterior
site and building design and associated applications will be generated for formal design
review for the project.
3. Consultant Services: Architect will provided the following consultant engineering services
for the buildings and site work:
Mechanical Engineering Plumbing Engineering
Electrical Engineering Structural Engineering
Cost Estimation Services
4. Phase I — Program Documents: Architect will attend a meeting with staff and specific user
group representatives to review the program documents available for the existing groups
and verify the general program elements for each group. The Architect will take any new
information and combine it with the existing data to generate a new program document
and matrix for review by staff and the user groups. The Architect will also perform a code
search to indicate essential sections of the code that will be applicable to this project. This
finalized document will become the basis for all future design work on the project.
5. Phase II — Facility Systems Analysis: Architect, along with their specialty engineers, will
visit the project site and review the existing construction documents for the building to
review the existing structural system, and major MEP systems in place that are anticipated
to remain for anticipated new construction. The Architect will prepare an executive level
analysis of the systems to including an estimate of anticipated remaining life expectancy
for these systems, and an operational overview of the probable cost of utilizing the existing
systems vs.the cost of installing new systems to replace them.
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A Page 1 of 3
6. Phase III — Concept Plans: following the completion of the program documents, the
Architect will generate two (2) conceptual designs for the existing building and site to
house the new groups within the existing facility. The conceptual plans will identify the
major elements /areas of the spaces and illustrate how the two users will occupy, access
and share space on the site. The site plans will illustrate major elements of public access
and user site security, such as the location of gates and fencing, where required to suit the
users functions for elements such as vehicle storage. At the completion of the concept
plan design, the Architect will prepare executive summaries of probable cost for each
scenario based on global unit costs for construction areas. The Architect will generate one
color graphic plan for each concept as a part of this work.
7. Phase IV - Presentation to City: following the completion of the program documents,
facility analysis and concept plans, and any required revisions to the documents based on
City staff and user group input, the Architect has included time in this proposal to attend
one public meeting to present the completed materials and discuss the concepts with the
City.
8. Project Meetings and 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 Owner.
Phase I- Program Documents 1
Phase II- Facility Systems Analysis 0
Phase III— Concept Plans 2
Phase IV- City Presentation 1
Revisions: Architectural work that is required to be revised after program and conceptual design
approval due to changes by the City shall be done as an additional service on an hourly basis.
9. 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. Site surveys, utility surveys or as built documentation of existing building or site
conditions.
c. Geotechnical Engineering or Reports.
d. Hazardous Materials Investigations, Reports, and Mitigation Recommendations.
e. Graphic presentation materials other than those specifically listed above.
f. Specialty Design Engineering or Specialty Consultant services, other than those
specifically listed.
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A Page 2 of 3
10. Fee Schedule: Services shall be compensated on a fixed fee basis per the fee schedule
below:
a) Phase I—Programming $5,250
Phase II—Facility Analysis $22,500
Phase III—Concept Plans $27,900
Phase III—City Presentation $350
TOTAL $56,000
b) Reimbursable Expenses(estimate) $3,500
11. Retainer: No retainer is,required prior to the commencement of work on this scope.
12. 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
Owner, fifteen (15) days prior to suspension of work.
13. Reimbursable Expenses: The cost listed in section 11 above is a good faith estimate of
reimbursable expenses for this project. We will bill the project per the attached schedule
of charged and will not exceed this amount without the City's approval.
Architect will provide one (1) set of plans for review at the end of the as-built
documentation phase for Owner's review; Architect will provide five (5) sets of plans and
specifications (as applicable) at completion of Abatement and Demolition Documentation
for required permit applications. Architect will also provide electronic versions of all
documents on Adobe Acrobat PDF for the Owner's uses. Additional printed copies and all
copies for bidding and construction will be provided by the Owner.
Architect and their consultants will not charge for local travel time, mileage, telephone or
fax. Overnight delivery services will only be used when specifically requested by the
Owner 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 3 of 3
EXHIBIT"AY'
6363 CLARK AVENUE—NFL BUILDING
DEMOLITION AND ABATEMENT PACKAGE AND
INTERIM MAINTENANCE FACILITIES TI
1. General Project Description:
The project will consist of the hazardous materials abatement, and selective demolition of
the existing approximately. 67,000 square foot former National Food Laboratory Building
located at 6363 Clark Avenue, Dublin, California to accommodate future planned site and
building improvements for use by.the City of Dublin and Alameda County Fire Department.
Once the building is demolished and abated, a small portion of the building will be
constructed for the installation of transitional staff offices and open industrial storage space .
for use by the City of Dublin Maintenance Department while their existing facilities are
being demolished and reconstructed.
Hazardous Materials Abatement,, the existing building was constructed and opened in early
1966. It contained staff offices, industrial process and testing areas, science and testing
laboratory spaces, and standard as well as specialty mechanical and electrical equipment.
Through a series of reviews by qualified personnel, it has been determined that the
building contains hazardous materials throughout. These materials have been identified
for type and location in a report prepared by RGA Environmental, dated October 8, 2008.
Prior to reuse of the facility, the building will be abated to remove all of the identified
hazardous materials from this report. This work will be completed prior to any general
building demolition work.
Selective Building Demolition; we will work with City staff to identify all non-structural
portions of the existing building and its associated utilities that should be demolished,
capped and prepared for new work, as well as elements of the building that will be remain
as is or be salvaged for reuse when the building is reoccupied.
Site DemolVion;no site demolition will be performed with this scope of work. All demolition
and rework of the site will be performed at the time.when new improvement plans are
generated for the reuse of the existing building shell and can be coordinated with the
requirements generated by the proposed reuse of the building.
2. Design Review: No exterior rework of the site or building will be performed with this scope
of work so no formal design reviews are required.
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A.1 Page 1 of 5
3. Consultant Services: Architect will provided the following consultant engineering services
for the buildings and site work:
Structural (hourly as needed-basis)
4. Phase I — As-Built Documentation: There is no single document available that illustrates
the current building configuration and floor plans in its current state. We will utilize the
existing project drawings from the initial construction provided to us by the City to generate
a base drawing of the existing building, then will conduct a varied level of on site reviews to
verify the remaining existing conditions:
a. Existing structural and shell elements to remain; we assume the building as
constructed closely matches the existing construction documents and will perform
cursory checks to ensure the as-built building envelope matches the backgrounds
generated from these drawings. We will review the building shell and structure with
our structural engineer to identify all critical building structure that must remain after
demolition is completed.
b. Existing interior improvements identified to remain; we will physically locate all aspects
of these elements within the building shell and as constructed relative to adjacent fixed
structural elements to remain to provide as accurate a drawing for these portions of
the building as.possible. .
c. Existing interior improvements identified to be demolished; we will visually review the
existing construction and properly depict the floor plan as it exists today without
physically verifying location and size of any of the elements in detail as they will be
removed from the building.
d. Existing primary equipment to be removed; we will generally identify the location and
footprint of existing equipment and other elements that require special handling or
provisions as part of the demolition package as single line elements on the
documents. We will add notes to the final documents to describe the nature of the
element and the contractor's obligations during the demolition phase..
e. Existing utility lines to remain; we will utilize the existing documents and visible on site
data to document the existing on site utility lines and connections that must remain in
place and functional throughout the demolition phase of work. We will add notes on
the final documents to describe the nature of the element and the contractor's
obligations during the demolition phase.
5. Phase II — Abatement I Demolition and TI Documents: following the completion of the
Phase I creation of an accurate as-built document for the building, we will generate two
sets of permit documents for the project. One set will address the abatement and
demolition for the existing building. We will review these documents and walk the site with
the Owner to perform a final verification of all building elements that are required to be
salvaged and stockpiled on site for the Owner to reuse for future improvement work. We
will generate a second permit set for the interior improvements that will house the
.transitional staff office space and adjacent open storage area for the Maintenance Staff.
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A.1 Page 2 of 5
For both permit packages, we will generate both drawings and 8-1/2 x 11 book type
specifications for the construction requirements of the work for the Owner to put out for
competitive public bid. We will work with the Owner to obtain all necessary permits and
jurisdictional approvals for the permit packages. The Owner is responsible for all required
permit applications and payment of all associated fees in conjunction with the undertaking
of this work. No conceptual cost estimating work will be generated with this phase of work.
6. Phase III —Bidding and Negotiation: following the completion of the permit documents, we
will assist the Owner in the bid process for each package. The Owner may decide to
bundle or split these packages for bid at their discretion. The scope of services includes
the working with the Owner to review and respond to any questions received by qualified
contractors during this period and the preparation of addenda which will be issued by the
Owner or their Construction Manager. Architect shall provide the Owner a complete plot
set of full size electronic drawing files and one electronic set of 8'/2 inch by 11-inch Project
specifications for bid purposes (Adobe PDF format). The Owner will use the electronic
plan set drawings and project specifications only for record documentation.
7. Phase IV — Construction Administration: The Architect shall provide basic construction
support services to the Owner during the demolition and new construction phases of work.
We will respond to reasonable questions presented in writing when directed by the Owner
or their Construction Manager. We have included time to attend four site meetings during
this phase of work to discuss issues and tasks directly with the Owner, their Construction
Manager, and the Contractor at the commencement of demolition activities, and as the
Contractor is concluding this process to review work.
8. Project Meetings and Presentation: 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 Owner.
Phase I- As Built Documentation 0
Phase II - Abatement/Demolition and TI Documents 2
Phase III - Bidding and Negotiation 0
Phase IV— Construction Administration 4
9. Revisions: Architectural work that is required to be revised after program and 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.
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A.1 Page 3 of 5
10. 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. Work required beyond the building envelope.
c. Geotechnical Engineering or Reports.
d. Construction Cost Estimates.
e. Hazardous Materials Investigations, Reports, and Mitigation Recommendations.
f. Graphic presentation material.
g. Public presentations or meetings.
h. Specialty Design Engineering or Specialty Consultant services, other than those
specifically listed.
11. Fee Schedule: Services shall be compensated on an hourly basis with the following initial
caps
a) As Built Documentation $8,500
Abatement/Demolition and TI Documentation $19,500
Structural Engineering (as required) $3;000
Bidding and Negotiation $2,000
Construction Administration $5.000
TOTAL $38,000
b) Reimbursable Expenses (estimate) $5,500
12. Retainer: No retainer is required prior to the commencement of work on this scope.
13. 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
Owner,fifteen (15)days prior to suspension.of.work.
14. Reimbursable Expenses:The following is a good faith estimate of reimbursable expenses.
This amount will not be exceeded without the City's approval.
Architect will provide one (1) set of plans for review at the end of the as-built
documentation phase for Owner's review; Architect will provide five (5) sets of plans and
specifications (as applicable) at completion of Abatement and Demolition Documentation
for required permit applications. Architect will also provide electronic versions of all
documents on Adobe Acrobat PDF for the Owner's uses. Additional printed copies and all
copies for bidding and construction will be provided by the Owner.
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A.1 Page 4 of 5
Architect and their consultants will not charge for local travel time, mileage, telephone or
fax. Overnight delivery services will only be used when specifically requested by the
Owner and are not included in the reimbursable expenses.
END OF EXHIBIT A.1
Consulting Services Agreement between
City of Dublin and Dahiin Group--Exhibit A.1 Page 5 of 5
EXHIBIT "A.2"
6363 CLARK AVENUE.—NFL BUILDING
PHASE ONE TENNANT IMPROVEMENT PACKAGE
1. General Project Description: The project will consist of generating construction documents
for the first phase of interior improvements for the Alameda County Fire Department
Administrative Services. and associated minor accessibility improvements on site. This
project requires the completion of, and will follow work being completed for, the building
and site master plan and programming, as-built documentation and building abatement
and selective demolition, all being completed under separate contacts.
2. Design Review: For construction document approval, only minor exterior rework of the site
and building exterior will be performed in the first phase to provide new accessible parking
areas adjacent to the building, exterior routes of travel via new walkways to the existing
exterior exit /entrance points at the existing exterior storefront system to remain. We will
provide new landscape and irrigation design along this path of travel for the site area
disturbed to tie back into the existing landscape and irrigation system. We anticipate that
all design review of these minor exterior elements can be handled at a staff level, and no
formal design review application and formal graphics packages are required for submittal.
3. Consultant Services: Architect will provided the following consultant engineering services
for the buildings and site work:
Interior Finishes and Signage Mechanical Engineering
Plumbing Engineering Electrical Engineering
Civil Engineering Landscape/ Irrigation Design
Cost Estimation Services Title 24 Energy Compliance
4. Phase I - Tenant Improvement Documents: Following work on the initial master plan
document that is completed under a separate scope of work, we will generate an initial set
of phased construction documents based on the approved master plan for the
development of offices for the Alameda County Fire Department Administrative Services.
The plans will seek to minimize initial construction in the first phase to construct only what
is necessary to accommodate the initial staff to move in, while being developed with the
infrastructure in place to accommodate and allow for the final master plan construction,
and to minimize any construction that would be required to be removed to accommodate
future phases of work. We will minimize site work to the installation of new accessible
parking adjacent to the building, along with new pathways and landscape features leading
from the parking area to the main entrance at the new tenant space. We anticipate
generating the following documents as part of this phase of the work:
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A.2 Page 1 of 4
• Exterior site surveying limited to the new site improvement areas only
• Exterior Grading drainage plans for the new site improvements only
• Exterior utility plans identifying new site improvements to be connected to existing on
site systems
• Site construction phasing/staging plan
• Landscape planting and irrigation plan
• Architectural plans for the interior building renovation work
• Interior finish materials selections and detailing
• Mechanical, Plumbing, Electrical, Data, and Communication required for the initial
phase of construction. Engineering will be set up with sufficient capacity to allow for
the execution of the future phases of work
• A conceptual Cost Estimate will be completed at the end of the construction
documents phase to establish the engineer's estimate for the City's bidding documents
5. Phase II — Bidding and Negotiation: following the completion of the Improvement
Documents, we will assist the Owner in the bid process. The scope of services includes
working with the Owner to review and respond to any questions received by qualified
contractors during this period and the preparation of addenda which will be issued by the
Owner or their Construction Manager. Architect shall provide the Owner a complete plot
set of full size electronic drawing files and one electronic set of 8'/Z inch by 11-inch Project
specifications for bid purposes (Adobe PDF format). The Owner will use the electronic
plan set drawings and project specifications for bid purposes.
6. Phase III — Construction Administration: The Architect shall provide basic construction
support services to the Owner during the demolition phase of work. We will respond to
reasonable questions presented in writing when directed by the Owner or their
Construction Manager. We will review submittals generated by the Contractor of product
data to ensure compliance with the construction documents. We will attend weekly site
meetings during this phase of work to discuss issues and tasks directly with the Owner,
their Construction Manager, and the Contractor. Our fee assumes a construction phase
duration of eight (8) weeks. Construction administration services beyond this duration will
be provided on an hourly basis when requested by the Owner.
7. Project Meetings and Presentation: 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 Owner.
Phase I - Tenant Improvement Documents 2
Phase II - Bidding and Negotiation 0
Phase III— Construction Administration 8
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A.2 Page 2 of 4
8. Revisions: Architectural work that is required to be revised after program and 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.
9. 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. Site work required beyond the building envelope, other than those specifically listed.
c. Geotechnical Engineering or Reports.
d. Hazardous Materials Investigations, Reports, and Mitigation Recommendations.
e. Graphic presentation materials other than those specifically listed above.
f. Public presentations or meetings.
g. Specialty Design Engineering or Specialty Consultant services, other than those
specifically listed.
h. LEED or Sustainable Building design and documentation beyond code requirements.
10. Optional Services: The following are listed as optional design services that may be
executed at the Owner's discretion if necessary for the project. These services are listed
as additional services and not reflected in the base contract fees:
a. Structural engineering,documentation, detailing, and calculations as required by the
master plan to upgrade the building to essential facility status and integrate this design
with the initial phase of construction work.
b. Cal Green Commissioning of the new work within the existing building envelope if
required by the jurisdiction having authority, or desired by the Owner for this scope of
work.
11. Fee Schedule: Services shall be compensated on a fixed fee basis per the fee schedule
below:
a) Phase I—Site and TI Docs $167,400
Phase II- Bidding $7,500
Phase III - CA $24,000
TOTAL $198,900
b) Reimbursable Expenses(estimate) $6,500
c) Optional Services:
1. Structural Engineering (hourly to initial cap) $14,000
2. Cal Green Commissioning $24,000
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A.2 Page 3 of 4
I
12. Retainer: No retainer is required prior to the commencement of work on this scope.
13. 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
Owner,fifteen (15) days prior to suspension of work.
14. Reimbursable Expenses: The cost listed in section 11 above is a good faith estimate of
reimbursable expenses for this project. We will bill the project per the attached schedule
of charged and will not exceed this amount without the City's approval.
Architect will provide one (1) set of plans for review at the end of the as-built
documentation phase for Owner's review; Architect will provide five (5) sets of plans and
specifications (as applicable) at completion of Abatement and Demolition Documentation
for required permit applications. Architect will also provide electronic versions of all
documents on Adobe Acrobat PDF for the Owner's uses. Additional printed copies and all
copies for bidding and construction will be provided by the Owner.
Architect and their consultants will not charge for local travel time, mileage, telephone or
fax. Overnight delivery services will only be used when specifically requested by the
Owner and are not included in the reimbursable expenses.
END OF EXHIBIT A.2
Consulting Services Agreement between
City of Dublin and Dahlin Group--Exhibit A.2 Page 4 of 4
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
BOVIS LEND LEASE
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Bovis Lend Lease, Incorporated ("Consultant") as of March 7, 2012.
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 at the final acceptance of construction of the Dublin Civic Center
Expansion Project 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 $164,020
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
Consulting Services Agreement between March 2012
City of Dublin and Bovis Lend Lease, Inc. Page 1 of 15
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.
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 cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc,;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
■ At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
• The Consultant's signature.
2.2 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 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
Consulting Services Agreement between March 2012
City of Dublin and Bovis Lend Lease, Inc. Page 2 of 15
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the fee schedule in Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
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
Consulting Services Agreement between March 2012
City of Dublin and Bovis Lend Lease, Inc. Page 3 of 15
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In.the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
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 there from, 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
Consulting Services Agreement between March 2012
City of Dublin and Bovis Lend Lease, Inc. Page 4 of 15
Automobile Liability form CA 0001 (ed. 12190) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The 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 except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
Consulting Services Agreement between March 2012
City of Dublin and Bovis Lend Lease, Inc. Page 5 of 15
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause,
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement,
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
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.
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
Consulting Services Agreement between March 2012
City of Dublin and Bovis Lend Lease, Inc. Page 6 of 15
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,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the'injury, loss of life, damage
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City of Dublin and Bovis Lend Lease, Inc. Page 7 of 15
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No 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.
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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.
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.
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 ten 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.
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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;
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.
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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 85467, 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
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 Alameda or in the United States District Court for
the Ninth 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
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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.
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.
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10.10 Notices. Any written notice to Consultant shall be sent to:
Doug Moberg
1770 Botehlo Dr, Suite 260
Walnut Creek, CA 94596
Office 925-946-0455
Fax 925-946-9968
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. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
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
Joni Pattillo, CITY MANAGER ARUN CHEMBURKAR
Attest:
City Clerk
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EXHIBIT A
SCOPE OF SERVICES
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CM Scope of Services for the City of Dublin
NFL Building Demolition/Abatement
A. Services during Pre-Construction:
Prior to start of Demolition Bid the Construction Manager will work with the City of Dublin and
their design consultants and to perform the following services:
1. Provide preliminary evaluation of the current project budget relative to the
anticipated project scope. Work with the City and their design consultants to
reconcile any discrepancies.
2. Assist the City of Dublin with site utilization
3. Review cost estimates for the Project and provide input based on current bid
climate.
4. Work with the City to develop strategies to generate market interest in the Project.
5. Establish minimum safety standards for the project and implement Lend Lease's
safety program.
6. Prepare constructability reviews of the design documents at the 75% Construction
Documents.
7. Establish and maintain an electronic project management software system (Prolog
or equivalent)to manage document flow and reporting.
8. Develop and periodically update a Project Schedule with anticipated durations and
major milestones.
9. Work with and provide project specific construction advice to the Architect. Review
and provide comment on the construction logistics plans produced by the design
team.
B. Services During Construction:
-The Construction Manager will represent the City during construction of the project. The
Construction Manager will perform the following specific services during construction:
1. Coordinate the efforts between the Architect and General Contractors, and provide
liaison to the City through the City's Project Manager. The degree of coordination
shall be delineated by the Construction Manager in the Consultant Proposal.
2. Develop and implement procedures for the handling and distribution of the General
Contractor's requests for information or clarifications.
3. Receive, review and track the General Contractor's Submittals and coordinate the
same for transmittal to the Architect for review and approval.
4. Prepare and update the consolidated Master Project Schedule incorporating the
activities of the all General Contractors on the Project, including activity sequence
and duration.
5. Be on the site on an as needed basis to secure the interests of the City and oversee
the General Contractors and their Subcontractor's scope of work.
6. Provide on-site coordination to assure that the project meets the Plans and
Specifications and stays on schedule.
7. At regular intervals monitor and report on the General Contractors safe
performance of the work.
8. Review, evaluate, and furnish recommendations regarding the General Contractor's
performance, construction schedule and any other matters related to compliance
with the Contract.
9. Produce and distribute a report on a monthly basis that provides the City with a
contemporaneous status of the project and that highlights major milestones and
potential risks to the budget and schedule.
10. Provide a daily log of events and activities so as to secure the City's interests and
monitor work accomplished in accordance with the Contract.
11. Review and furnish recommendations with respect to Contract correspondence,
minutes of meetings and directives to be issued to secure the interests of the City.
12. Review and make recommendations regarding the General Contractors applications
for payment.
13. Advise and make recommendations to the City for adjustments to the project
construction budget relative to actual or anticipated construction costs.
14. Assist the City in review, evaluation and processing of negotiations with General
Contractor's proposals relative to Change Orders and the adjustment of Contract
Price or Contract Time under the Construction Contract.
15. Assist the City in review, evaluation and processing of claims asserted by the General
Contractors. Construction Manager will make recommendations to the City of as to
merit of the General Contractor's claims.
16. Attend all construction-related site meetings with the City's representatives, General
Contractors,and other meetings between related parties as required. Maintain
separate notes on such meetings.
17. Upon completion, provide a punch list review and recommendation of Project
Acceptance.
C. Services Post-Construction:
At substantial completion of the project the Construction manager will perform the following
services:
1. In conjunction with the City prepare and distribute the Project Closeout Report.
2. Work with the City to bring to resolution all contract issues, warranties, bonds, etc.
3. Oversee and coordinate the preparation and issuance of the General Contractor's
record drawings.
4. Catalogue and consolidate all project files and documents for long term storage and
retrieval.
5. Assist and participate in the review of the application for Final Payment for all
General Contractor's.
6. Document and track all defects observed during the warranty period. Provide
regular reporting to the City on outstanding warranty items. Conduct and document
the 11th month warranty inspection.
CM Scope of Services for the City of Dublin
Civic Center Site Expansion Alameda County Eire Admin Services
Tenant Improvement
A. Services during Pre-Construction:
Prior to start of construction the Construction Manager will work with the City of Dublin and
their design consultants and to perform the following services:
1. Provide preliminary evaluation of the current project budget relative to the
anticipated project scope. Work with the City and their design consultants to
reconcile any discrepancies.
2. Assist the City of Dublin with site utilization and construction improvements. Provide
recommendations regarding feasibility of construction methods, availability of
materials and labor and time requirements for procurement.
3. Investigate and document where materials or services have a long lead time. In
conjunction with the City identify procurement issues and their impact to the
project.
4. Prepare cost estimates.for the Project and provide subtotaled budget amounts
which correspond to each separate bid package.
5. For each bid package work with the City to develop strategies to generate market
interest in the Project.
6. Assist the city in developing scopes of work for each bid package that define the
work to be performed and coordinate with that of other bid packages. Establish
minimum safety standards for the project and implement Lend Lease's safety
program.
7. Take the lead in managing bid addendums, analyzing bids and ultimately make a
recommendation of award to the City Project Manager. Provide documentation and
substantiation to allow staff to gain Boards approval of award.
8. Prepare constructability reviews of the design documents at the 75% Construction
Documents.
9. Establish and maintain an electronic project management software system (Prolog
or equivalent)to manage document flow and reporting.
10. Develop and periodically update a Project Schedule with anticipated Preconstruction
and Construction durations and major milestones.
11. Work with and provide project specific construction advice to the Architect. Review
and provide comment on the construction logistics plans produced by the design
team.
B. Services During Construction:
The Construction Manager will represent the City during construction of the project. The
Construction Manager will perform the following specific services during construction:
1. Coordinate the efforts between the Architect and General Contractors, and provide
liaison to the City through the City's Project Manager. The degree of coordination
shall be delineated by the Construction Manager in the Consultant Proposal,
2. Develop and implement procedures for the handling and distribution of the General
Contractor's requests for information or clarifications.
3. Receive, review and track the General Contractor's Submittals and coordinate the
same for transmittal to the Architect for review and approval.
4. Prepare and update the consolidated Master Project Schedule incorporating the
activities of the all General Contractors on the Project, including activity sequence
and duration.
5. Be on the site on an as needed basis to secure the interests of the City and oversee
the General Contractors and their Subcontractor's scope of work.
6. Provide on-site coordination to assure that the project meets the Plans and
Specifications and stays on schedule.
7. At regular intervals monitor and report on the General Contractors safe
performance of the work.
8. Review, evaluate, and furnish recommendations regarding the General Contractor's
performance, construction schedule and any other matters related to compliance
with the Contract.
9. Produce and distribute a report on a monthly basis that provides the City with a
contemporaneous status of the project and that highlights major milestones and
potential risks to the budget and schedule.
10. Provide a daily log of events and activities so as to secure the City's interests and
monitor work accomplished in accordance with the Contract.
11. Review and furnish recommendations with respect to Contract correspondence,
minutes of meetings and directives to be issued to secure the interests of the City.
12. Review and make recommendations regarding the General Contractors applications
for payment.
13. Develop and at regular intervals update the Project cash flow reports.
14. Advise and make recommendations to the City for adjustments to the project
construction budget relative to actual or anticipated construction costs.
15. Assist the City in review, evaluation and processing of negotiations with General
Contractor's proposals relative to Change Orders and the adjustment of Contract
Price or Contract Time under the Construction Contract.
16. Assist the City in review, evaluation and processing of claims asserted by the General
Contractors. Construction Manager will make recommendations to the City of as to
merit of the General Contractor's claims.
17. Attend all construction-related site meetings with the City's representatives, General
Contractors, and other meetings between related parties as required. Maintain
separate notes on such meetings.
18. Assist in calling for inspections at the appropriate.time and assist with providing any
information to the City Departments as required.
19. Upon completion, provide a punch list review and recommendation of Project
Acceptance.
C. Services Post-Construction:
At substantial completion of the project the Construction manager will perform the following
services:
1. In conjunction with the City prepare and distribute the Project Closeout Report.
2. Work with the City to bring to resolution all contract issues, warranties, bonds, etc.
3. Oversee and coordinate the preparation and issuance of the General Contractor's
record drawings and 0&M's.
4. Catalogue and consolidate all project files and documents for long term storage and
retrieval.
5. Assist and participate in the review of the application for Final Payment for all
General Contractor's.
6. Document and track all defects observed during the warranty period. Provide
regular reporting to the City on outstanding warranty items. Conduct and document
the 11th month warranty inspection.
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
ERM-WEST, Incorporated
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
ERM-West, Incorporated ("Consultant") as of March 7, 2012.
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 at the final acceptance of construction of the Dublin Civic Center Site
Expansion Project 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 $32,175
($29,250 +70% contingency) 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
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specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of.this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
• The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
■ At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
■ The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
■ The Consultant's signature.
2.2 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 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty(60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
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In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment,
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on-the fee schedule in Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
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
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 3 of 15
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
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 there from, 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
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 4 of 15
Automobile Liability form CA 0001 (ed. 12190) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The 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 except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $250,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 5 of 15
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or sever ability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than ANIL
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.
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
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 6 of 15
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:
0 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
0 Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or, negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1)the injury, loss of life, damage
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 7 of 15
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No 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.
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 8 of 15
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.
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.
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 ten 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.
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 9 of 15
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 include, 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;
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.
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 10 of 15
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
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 Alameda or in the United States District Court for
the Ninth 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
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 11 of 15
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 etseq.
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.
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.
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 12 of 15
10.10 Notices. Any written notice to Consultant shall be sent to:
Doug Moberg
1277 Treat Blvd, Suite 500
Walnut Creek, CA. 94597
Office 925-946-0455
Fax 925-946-9968
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. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
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
Ir
r
Joni Pattillo,CITY MANAGER John Cavanaugh
Attest:
City Clerk
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 13 of 15
EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 14 of 15
Environmental
Resources
Management
1277 Treat Boulevard
Suite 500
Walnut Creek,CA 94597
(925 946-0455
17 January 2012 (925)946-9968 (fax)
Via Electronic Mail =E
1
.1 Lam.
Ms.Herma Lichtenstein
Parks and Facilities Development Manager
ERM
City.of Dublin
100 Civic Plaza
Dublin,CA 94968
Subject: Pre-Demolition Survey Proposal
Former National Food Lab Building
6363 Clark Avenue
Dublin,California 94568
Dear Ms.Lichtenstein:
ll In accordance with our understanding of your plan to demolish the interior of
r;
the existing building at the above referenced site(the"subject building'),
ERM-West,Inc. (ERM)is pleased to submit this proposal to the City of Dublin,
,, Parks and Facilities Development Division for a Pre-Demolition Survey of the
former National Food Lab Building. The tasks specific to this proposal are as
follows:
• To perform an on-site review of the existing asbestos survey report with
confirmation bulk sampling for asbestos if warranted;
• Perform additional destructive inspections within walls and under top
layers of flooring for hidden suspect asbestos-containing materials(ACMs);
• Perform lead paint sampling;and
• Wipe sampling within laboratory fume hoods and associated ducting for
California Assessment Manual(CAM) 17 metals and volatile organic
compounds (VOCs); and inventories of potentially hazardous building
materials that may require special handling or disposal,or alerting
renovation or demolition workers.
Ms.Herma Lichtenstein/City of Dublin Environmental
Proposal No.0131761.0001.' Resources
17 January 2012 Management
Page 2
The Pre-Demolition Survey for potentially hazardous building materials will
consist of:
0 Sampling and testing of suspect ACM;
0 Sampling and testing of suspect lead-containing paint(LCP);
0 Wipe sampling within fume hoods and associated ducting and testing for
CAM 17 metals;
0 Wipe sampling within fume hoods and associated ducting and testing for
VOCs;
0 Visual assessment to identify polychlorinated biphenyl(PCB) containing
fluorescent light ballasts and mercury containing fluorescent light tubes and
lamps;
0 Visual assessment to identify mercury containing thermostat switches;
e Visual assessment to identify other universal wastes,including,but not
limited to batteries,high intensity discharge lamps,and electronic devices;
and
0 Inventory of equipment that may contain refrigerants or other hazardous
materials.
No sub-slab or below surface investigations,or testing for mercury or PCBs are
proposed as part of this scope of work.
PURPOSE
The results of the asbestos survey will be used to support compliance with the
Division of Occupational Safety and Health Association(Cal/OSHA)worker
protection regulations,federal National Emission Standard for Hazardous Air
Pollutants (NESHAPs),and the Bay Area Air Quality Management District
(BAAQMD) Regulation 11 Hazardous Pollutants, Rule 2,Asbestos Demolition.
The lead paint samples,CAM 17 wipe samples and VOCs wipe samples would
provide information to assist with building demolition planning. The visual
inspection for PCB-containing fluorescent light ballasts,mercury-containing
lamps and switches,other universal wastes, and equipment possibly containing
refrigerant or stored chemicals is to provide information to assist with waste
handling, disposal,and/or recycling.
Ms.Herma Lichtenstein/City of Dublin Environmental
Proposal No.0131761.0001.''*'"* Resources
17 January 2012 Management
Page 3
SCOPE OF WORK
Upon authorization,ERM will:
• Prepare a site-specific ERM health and safety plan for use by ERM
personnel during performance of the Pre-Demolition Survey:
• Perform an on-site review of the existing asbestos survey report dated
8 October 2008 with confirmation bulk sampling for asbestos if warranted.
• Perform additional destructive inspections within walls and under top
layers of flooring for suspect ACMs.
• Collect up to 30 bulk samples of building materials suspected to contain
asbestos using procedures and methodologies,based on a modified protocol
of the United States Environmental Protection Agency's (USEPA) Asbestos
Hazard Emergency Response Act(AHERA) and NESHAPs requirements.
• Analyze asbestos bulk samples using Polarized Light Microscopy with
Dispersion Staining(PLM/DS) in accordance with the USEPA's"Method
for the Determination of Asbestos in Bulk Building Materials"
(USEPA/600/R-93/116,July 1993).
• Collect up to 10 paint chip/coating samples of representative painted
surfaces to be analyzed for lead content.
• Analyze paint/coating samples using Atomic Absorption Spectroscopy
(AAS).
• Collect up to 25 surface wipe samples within fume hoods and associated
ducting to be analyzed for CAM 17 metals by USEPA Method 6010B and
7000 series.
• Collect up to 25 surface wipe samples within fume hoods and associated
ducting to be analyzed for VOCs by USEPA Method 8260B.
• Conduct a visual inspection of representative light fixtures to identify PCB
containing fluorescent light ballasts and mercury containing fluorescent
light tubes and lamps.
• Conduct a visual inspection to identify mercury containing thermostat
switches.
• Conduct a visual inspection to identify batteries,high intensity discharge
lamps,and electronic devices.
Ms.Herma Lichtenstein/City of Dublin Environmental
Proposal No.0131761.0001.' Resources
17 January 2012 Management
Page 4
• Conduct a visual inspection to identify equipment possibly containing
refrigerants or other hazardous materials.
• Prepare and submit a written report,including a summary of building
material samples collected,the sample locations,and the corresponding
sample results.
Asbestos,LCP,CAM 17 wipe samples,and VOC wipe samples will be
transported to a California-certified analytical laboratory under standard chain-
of-custody procedures to be analyzed with a standard turnaround time of five
business days.
This proposal assumes that all areas of the subject building will be accessible
during the times scheduled for the survey.
Sampling will be destructive in nature. All accessible areas will be surveyed for
asbestos. No repairs are to be made to damages occurred during the survey.
PERSONNEL
Doug Moberg will serve as Project Manager and will be your primary point of
contact. James Leist III will perform the survey. Mr.Leist is certified by the
California Occupational Safety and Health Administration(Cal/OSHA) as a
Certified Asbestos Consultant(CAC No. 98-2534)and the California
Department of Public Health(CDPH) as a Lead in Construction Inspector
Assessor (No. 1193). Mr.Arun Chemburkar,P.E.will serve as Technical
Director and will provide logistical support.
BUDGET
It is expected that the services outlined above can be accomplished on a time
and materials basis for a cost of$29,250 in accordance with ERM's current
standard rates are provided in Attachment A.
Please note that in addition to the budgeted tasks,there may be additional
analysis required. Point counting standard asbestos PLM samples,if required
to confirm less than 1 percent asbestos content are not included in this budget.
The USEPA point count analysis
(400 points)cost per sample is$57.50,based on a standard five business day
Ms.Herma Lichtenstein/City of Dublin Environmental
Proposal No.0131761.0001.1 Resources
17 January 2012 Management
Page 5
laboratory turnaround time. ERM will not incur additional analytical costs
without first obtaining written approval from the City of Dublin.
PROPOSAL ACCEPTANCE
If this proposal is acceptable,please indicate agreement by having an
authorized representative sign in the space provided,and return the executed
copy of this proposal to the undersigned.
Upon receipt of the acceptance copy,we will commence the performance of
services described in this proposal. For your convenience,and to expedite the
start of your project,you may wish to transmit a facsimile of your acceptance to
us at(925) 946-9968.
ERM appreciates the opportunity provide you with this proposal. We look
forward to working with you in the successful completion of this project.
Respectfully submitted,
Doug Moberg,REA Arun Chemburkar,P.E.
Project Manager Technical Director
JL/amp/ 0131761.0001.****
Attachment A: ERM's Standard Rates
Ms.Herma Lichtenstein/City of Dublin Environmental
Proposal No.0131761.0001.1 Resources
17 January 2012 Management
Page 6
Agreed and Accepted:
By signing below,City of Dublin,Parks and Facilities Development Division
agrees to the terms and conditions of this proposal to conduct the work as
outlined herein and authorizes ERM to begin work on this project.
Time and Materials:$29,250
Signature
Name
Title
Date
Client Company Name
Attachment A
ERM's Standard Rates
EXHIBIT B
COMPENSATION SCHEDULE
Consulting Services Agreement between March 2012
City of Dublin and ERM-West, Inc. Page 15 of 15
Schedule ®f Charges
ri>°H R� Y5.4y
4
Labor Category Hourly Rate
Principal Engineer,Geologist,&Scientist $205-$273
Program Director $195-$242
Senior Engineer,Geologist,&Scientist 111 $174-$200
Senior Engineer,Geologist,&Scientist II $163-$184
Senior Engineer,Geologist,&Scientist I $147-$168
Project Engineer,Geologist&Scientist III $137
Project Engineer,Geologist&Scientist 11 $126
Project Engineer,Geologist&Scientist I $121
Staff Engineer,Geologist&Scientist III $105
Staff Engineer,Geologist&Scientist II $97
Staff Engineer,Geologist&Scientist I $89
Senior Technician $87
Technician $77
Project Coordinator $77
Technical Directors/Technical Specialists will be charged as required $231-$289
for the project.
Standard Rates
Associated Project Costs(APC)9.8%of total labor costs per invoice consist of those costs incurred in the performance of a specific client
project for project-related telecommunications
- including wireless
- facsimile,computer,and network usage
- project accounting services
- audio-visual equipment
- first class postage,up to three overnight delivery packages per month(excluding boxes and courier services)
- routine in-house reproduction of reports and other documents(up to 500 pages per copy job).
Not included in APC are itemizable time of administrative assistants,CAD and graphics professionals,and word processors;and
shipping and reproduction costs in excess of the above-stated limits.
*Effective January 1,2011
Subject to escalation of 3%-5%annually
i
:
Deiiverlrg SLIStaiinable SL lLutio rs in a more ConipeJ i1Ve worid.
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
LAI &ASSOCIATES, GEOTECHNICAL ENGINEERS
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Lai &Associates, Geotechnical Engineers ("Consultant") as of March 7, 2012.
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 at the final acceptance of construction of the Dublin Civic Center
Expansion Project 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 11 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $45,000
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
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 1 of 15
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.
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 cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
® The beginning and ending dates of the billing period;
® A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
The Consultant's signature.
2.2 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 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 2 of 15
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly.
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the fee schedule in Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
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
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 3 of 15
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance.shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
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 there from, 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
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 4 of 15
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The 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 except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 5 of 15
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:.
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than ANIL
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.
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
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 6 of 15
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:
0 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,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 7 of 15
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as 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.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No 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.
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 8 of 15
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.
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.
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 ten 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.
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 9 of 15
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 an d 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, spiecifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
I
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 10 of 15
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
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 Alameda or in the United States District Court for
the Ninth 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
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 11 of 15
i
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.
10.8 Solicitation. Consultant ag fees 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 throughi the Contract Administrator or his or her designee.
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 12 of 15
10.10 Notices. Any written notice to Consultant shall be sent to:
Paul Lai
415 Boulder Court, Suite 400
Pleasanton, CA. 94566
Office 925-693-3868
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. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
reporUdesign responsibility.
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
Joni Pattillo, CITY MANAGER Paul Lai, Principal
Attest:
City Clerk
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates, Page 13 of 15
EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between March 2012
City of Dublin and Lai &Associates. Page 14 of 15
LAI & ASSOCIATES
GEOTECHNICAL ENGINEERS
Via Email
February 27, 2012
Job No. 8070.200
Ms. Herma Lichtenstein
Park and Facilities Development Manager
City of Dublin
100 Civic Plaza
Dublin, California 94568
Subject: ** FOURTH DRAFT PROPOSAL **
Geotechnical Engineering Services
Proposed Alameda County Fire Department Operation Center
Clark Avenue
Dublin, California
Dear Ms. Lichtenstein:
We are pleased to submit this proposal to provide geotechnical engineering services during
design and construction of the proposed Alameda County Fire Department Operation Center in
Dublin, California. The site (former National Food Laboratories, Inc. site) is located at the
southeast corner of Clark Avenue and Dublin Boulevard. This proposal has been prepared based
on our discussion with you, a brief review of the architect plans (dated January 25, 2011)
prepared by BSA Architects, a brief site visit and our experience in the area.
The site,is presently occupied by four connected 1 to 4-story buildings, paved parking areas,
driveways, and landscaped areas. The existing ground surface of the site is relatively flat. A
flood control channel is located along the east side of the site.
Based on our discussion with you and as shown on the BSA Architects' plans, we understand
that the existing buildings would be remodeled, upgraded and converted into an operation center
for the Alameda County Fire Department. A new covered steam wash bay and associated wash
water recycling system, and a fueling station are also proposed along the eastern property limit,
east of the existing building group.
Details of building loads are not available at this time. Fire truck traffic is anticipated on the
concrete slab-on-grade floor of the future fire truck repair bays as well as the existing pavement
areas around the existing buildings. New pavement areas are proposed east and south of the
existing building group. Additional parking areas are also planned along south, west and north
sides of the existing office building and near the northwest corner of the site. As indicated by
you, most of the existing underground utilities will be saved and re-use, and relatively minor new
underground utilities are anticipated. Minor grading is anticipated for the proposed
improvements.
415 Boulder Court,Suite 400,Pleasanton,CA 94566;Cell: (925)639-3836; Email: paulslaill(Rgmail.com
John 3:16
February 27, 2012
Job No. 8070.200
Page 2 (DRAFT)
SCOPE OF SERVICES
TASK 1 —GE®TECHNICAL INVESTIGATION
We would perform the following to explore the soil and groundwater conditions at the site and to
provide recommendations for the design and construction of the project:
1. Review of public pertinent geologic and geotechnical literature and maps in our files;
2. We would obtain a drilling permit from Zone 7;
3. We would mark the boring locations for USA underground utility marking and
clearance;
4. Drilling and logging four to five borings to depths of about 3 to 45 feet using a truck-
mounted hollow stem drill rig;
5. Laboratory testing including moisture content, dry density, Atterberg limits, gradation,
unconfined compression and/or corrosion tests, as appropriate; and
6. Engineering analyses.
We would summarize our findings, conclusions and recommendations for the proposed operation
center at the site in a formal report containing the following information:
1. Vicinity map;
2. Site plan, showing the locations of the borings;
3. Boring logs and laboratory test results;and
4. Text, including:
A. Findings regarding site soil and groundwater conditions as encountered in the
borings;
B. Discussion of site seismicity and faulting;
C. Discussion of site liquefaction potential;
D. Discussion of seismic design parameters per the 2010 California Building Code; and
E. Geotechnical .recommendations for site preparation and grading, building
foundations, concrete slab-on-grade, soil corrosion considerations, underground
utility installation, and preliminary pavement sections.
During the course of our investigation, we would consult with you regarding our findings. The bore
holes would be backfilled with soil cutting after the completion of drilling and sampling.
TASK 2—REVIEW OF PLANS AND SPECIFICATI®NS
We would review the final project plans and specifications.
415 Boulder Court,Suite 400,Pleasanton,CA 94566; Cell: (925)639-3836;Email: yaulslai11()E!mail.com
John 3:16
February 27, 2012
Job No. 8070.200
Page 3 (DRAFT)
TASK 3—CONSULTATION DURING DESIGN
We would provide.up to 8 hours of consultation during design.
TASK 4 — GEOTECHNICAL OBSERVATION AND TESTING DURING
CONSTRUCTION
Based on our experience with similar projects, we recommend that the scope of our services
during construction include the following:
1. As needed, provide geotechnical consultation during construction;
2. On a part-time basis, provide geotechnical observation and testing during underground
utility installation;
3. On a part-time basis, provide geotechnical observation and testing services during
pavement construction;
4. On a part-time basis, provide geotechnical observation and testing during building
construction;
5. Laboratory testing to support the field operation; and
6. Prepare a report summarizing the results of our observation and testing.
.FEE ESTIMATE
We propose to provide our services on a time-and-expense basis in accordance with the attached
Fee Schedule — 2012. We are prepared to provide the scope of services outlined above for an
estimated cost of$45,000, distributed roughly as follows. We will not exceed the estimated cost
without your written authorization.
TASK DESCRIPTION ESTIMATED
COSTS
Task 1 —Geotechnical Investigation
Field exploration=$3,000 $9,000
Laboratory testing=$1,000
Engineering analyses=$ 3,000
Report preparation=$2,000
Task 2—Review of Plans and Specifications $3,000
Task 3—Consultation during Design $2,000
Task 4—Geotechnical Observation and Testing during Construction
Consultation during construction=$4,000
Underground utilities (estimated 4 four-hour visits @$500/day)_$2,000 $31,000
Pavement (estimated 24 four-hour visits @$500/day)=$12,000
Building construction(estimated 16 four-hour visits @$500/day)=$8,000
Laboratory testing=$2,000
Construction report=$3,000
ESTIMATED TOTAL $45,000
415 Boulder Court,Suite 400,Pleasanton,CA 94566;Cell: (925)639-3836;Email: paulslaillna,gmail.com
John 3:16
February 27, 2012
Job No. 8070.200
Page 4 (DRAFT)
The time estimate for our services is not exact because many factors during construction (i.e.,
construction schedule, contractor's rate of progress, weather, and actual subsurface conditions
encountered) are beyond our control. The above cost estimate does not include charges for
observations and retesting during the repair of unsatisfactory work performed by the contractor.
We have assumed an 8-hour day and a five-day week (Monday through Friday); overtime will
result in extra costs. In addition, the above cost estimate does not include show-up time when
our field technician is scheduled for the project and the contractor cancels work without adequate
notice. We have a three-hour minimum charge for show-up time. Should such charges be
incurred, they will be billed to you but could be itemized if requested. We will keep you advised
of our job charges by issuing monthly progress billings and will inform you of any changed
condition that might significantly affect our total fee.
If you have-any questions regarding our fees or scope of services, please do not hesitate to call
us. If this proposal meets your approval, please provide a City of Dublin contract to us as the
authorization of our work. We anticipate that field exploration and laboratory testing will take
about 2 to 3 weeks. We would issue our geotechnical investigation report about 3 to 4weeks after
the field exploration. Thank you for the opportunity to respond to your needs.
Respectfully submitted,
LAI& ASSOCIATES
Paul Sai-Wing Lai
Vice President
GE 2326
PSUPROPOSAL
Attachment: Fee Schedule - 2012
I
I
I
415 Boulder Court,Suite 400,Pleasanton,CA 94566;Cell: (925)639-3836; Email: paulslaill(iDgmailxom
John 3:16
I
CITY OF DUBLIN
FY 2011 - 2012 BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required): Budget Transfers:
X From Unappropriated Reserves From Budgeted Contingent Reserve (1001.1901.81101)
($1,023,370 from Innovations/New Opportunities
Committed Fund Balance) Within Same Department Activity
Between Departments (City Council Approval Reqd)
From New Revenues Other
DECREASE BUDGET AMOUNT INCREASE BUDGET ACCOUNT AMOUNT
ACCOUNT
Decrease/ Budget Name: EXPENSE—CIP Maintenance Yard
Transfer Facility/Design
Project#930010.9200.9202.1001 $ 189,200
GL Account#3300.9301.64091
Name: EXPENSE—CIP Maintenance Yard
Facility/Testing Svcs
Project#930010.9200.9206.1001 $ 82,925
GL Account#3300.9301.64091
Name: EXPENSE—CIP Maintenance Yard
Facility/Construction Mgt
Project#930010.9200.9204.1001 $ 247,330
GL Account#3300.9301.64091
Name: EXPENSE—CIP Civic Center Expansion
/ Design
Project#930016.9200.9202.1001 $ 262,720
GL Account#3300.9301.64091
Name: EXPENSE—CIP Civic Center Expansion
/Testing Svcs
Project#930016.9200.9206.1001 $ 77,175
GL Account#3300.9301.64091
Name: EXPENSE—CIP Civic Center Expansion
/Construction Mgt
Project#930016.9200.9204.1001 $ 164,020
GL Account#3300.9301.64091
CIP ENTRY -TRANSFERS CIP ENTRY -TRANSFERS OUT
IN General Fund
General Impv. CIP Fund
Project#:930010.9301 $ 519,455 GL Account#: 1001.9301.89101 $1,023,370
Project#:930016.9301 $ 503,915
GL Account#:
3300.9301.49999
REASON FOR BUDGET CHANGE ENTRY:
As presented to the City Council on March 20, 2012, the City Council is authorizing a use of the Innovations and New
Opportunities Committed Fund Balance in the amount of $1,023,370. The City Council action is required to appropriate
funding from this source.
$519,455 will be used for the construction management, architectural design, and engineering consultant services to adjust the
scope of services to renovate the former 84 Lumber building (Maintenance Yard Facility CIP #930010) for a joint-use as the
City's Maintenance Facility and the Alameda County Fire Maintenance Operations Facility.
$503,915 will be used for the construction management, architectural design, and engineering consultant services to include a master
plan study of the former National Food Lab building(Civic Center Expansion CIP#930016)and the first phase of design for the
Alameda County Fire Administrative Services Offices.
As Presented at the City Council Meeting 3/20/2012
#################(Finance Use Only)###################
Posted By: Date:
City Council Minutes Excerpt Attached Reviewed By:
ATTACHMENT 2
or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #600-35
DATE: July 16, 2013
TO: Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo City Manager""'"
SUBJECT: Change Order for Additional Architectural Consultant Services for the Public
Safety Complex and Maintenance Yard Facility
Prepared by Herma Lichtenstein, Parks and Facilities Development Manager
EXECUTIVE SUMMARY:
On March 20, 2012, the City Council approved the Consultant Services Agreement with Dahlin
Group Architecture to design the Public Safety Complex at 6363 Clark Avenue and the
Maintenance Yard Facility at Scarlett Court. Unforeseen conditions at the existing facilities and
changes in the building and safety codes required more extensive design and engineering for
the project.
FINANCIAL IMPACT:
The 2012-2017 Capital Improvement Program (CIP), includes the Public Safety Complex
(Project number 930016) and the Maintenance Yard Improvements (Project number 930010)
which includes a total combined anticipated project expenditure for Fiscal Years 2012/13 and
2013/14 of $14,466,057 as reported to the City Council in the Fiscal Year 2013/14 budget
update. There are sufficient funds to authorize the Change Order request of$47,500.
RECOMMENDATION:
Staff recommends the City Council authorize the City Manager to execute the Change Order to
the Consultant Services Agreement with Dahlin Group Architecture.
Submitted B Reviewed By
Director of Parkland Assistant City Manager
Community Services
DESCRIPTION:
During the course of deign several issues arose related to the two project sites that required
additional engineering and design. Primarily, upgrades to the structure, roof and heating and
ventilation (HVAC) systems at the Public Safety Complex. This became evident after further
testing and inspection of the building during the design process. The installation of a new HVAC
Page 1 of 2 ITEM NO. 4.12
system also triggered the requirements for fundamental commissioning of the system to meet
the new CalGreen codes for energy efficiency.
The total cost for the design of these requirements was $47,500 or four percent of the total
design fees.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was sent to Dahlin Group Architecture.
ATTACHMENTS: 1. Scope of Additional Services
2. Change Order
Page 2 of 2
DAHUN
L
I.`. 111 1
6363 Clark Avenue Building
562.010
June 26, 2713
REQUESTED ADDITIONAL I Page 1 of 1
CLIENT:: T F DUBLIN FROM.: Gregour°L. Markel, AIA, l..lwED AP
100 Civic Plaza `senior Associate/Senlor Architect
Dublin, CAA 94583 Gregor.Markel @el h ling rraup.conr
ATTENTION: Hernia Lichtenstein CONTRACT
ACCT
lier-ma.lichtenstein@dublin.ca.gov DATE: March 7, 2012
SPOKE WITH:Herma Lichtenstein
6363 Clark Avenue— Dublin Public.Safety Complex
Dear f-l'errna:
In relation to the above contract, you have requested we provide the following additional service(s):
1. Structural Engineering
A. Engineering design„ drawings detailing, and calculations required by the Building Official to
seisrrurcally upgrade the Office Area of the existing structure to bring it Lip, to current code
requirements for an essential facility to allow for current and frutura,tenant irnprovernents.
. Architectural, Mechanical, Plumbing and Electrical Design
A. Engineering design, drawings, and detailing and coordination for the inclusion of the AC FD
temporary facility to include this work in the base, contract documents for permit and bid. "w+V'or1< is
coordinated with AC;FD requirements for use, uncludiri,g specialty shop / equipment area and
ventilation requirements. Design of complete mechanical system for consideration by 01,-ievron for
grant fundirrig prior to the start of design docurnents.
3. CaalGreen Commissioning
A. Provide commissioning documentation, sequencing and post construction field review of MEP
systenris for compliance with Cal Green Commissioning requriremer°its 'for fundamental
cornn,issioning.
Our fee for these services will be a FIXED FEE of x",600.00
Estimated hourly fees will be in accordance with our basic horurly rate schedule attached. Please sign and
return (via FAX or mail) the acceptance below and we will proceed upon receipt. All conditions of our
original contract still apply.
Thank you,
Approved this date:
CITY OF IDU I....1N D HLIP (31ROUP, INC
larne _. Gregor L. Mar Zenjor Title Senior Associid Architect
C 2 3921 —Exp, 2/28/13
/1;3
END AS 01
9) ±UH WWWAMW.WGRdbUPCOM
d`I't.l.r,�iiri:�kdr,allitirr'tl� r`N: i.i:' �l.;p�a r <,yay,;` ,i i"x(11 9r�x
CITY OF DUBLIN
CONTRACT CHANGE ORDER NO. 1
PROJECT: City Of Dublin/Alameda County Joint Use Public Safety Complex-CIP#930016
TO: Dahlin Group Architects
AGREEMENT DATED May 7,2012
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$47,500 based on a City directed scope change to design and prepare
construction documents for two facilities. This exceeds the originally anticipated scope of services to rehabilitate one
existing building as detailed in the contract dated March 7,2012.
ESTIMATED COST INCREASE $47,500
SUBMITTED BY: 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 Consultant
By Title
PAGE 1 OF 1
ATTACHEMENT 1
CITY OF DUBLIN
EXHIBIT"A"CHANGE ORDER FORM
DATE: 7/11/2013
PROJECT NAME: City of Dublin/Alameda County Joint Use Public Safety Complex
CIP#: 930016
CONTRACT NO.
CHANGE ORDER NO. 1
PERCENT COMPLETED 67%
CONTRACTOR: Dahlin Group Architects
CONTRACT AMOUNT: $322,539
CONTRACT CHANGE ORDERS: AMOUNT CONTRACT CHANGE ORDERS: AMOUNT
CHANGE ORDER#01, Design Changes 47,500.00
47,500.00
TOTAL OF ALL CURRENT AND PRIOR CHANGE ORDERS: $47,500.00
ADJUSTED CONTRACT AMOUNT: $370,039.00
PROGRESS PAYMENTS MADE:
PAYMENT#01 $16,120 PAYMENT#17 $3,150
PAYMENT#02 $30,570 PAYMENT#18 $89
PAYMENT#03 $52,930 PAYMENT#19
PAYMENT#04 $215 PAYMENT#20
PAYMENT#05 $19 PAYMENT#21
PAYMENT#06 $22,940 PAYMENT#22
PAYMENT#07 $34,370 PAYMENT#23
PAYMENT#08 $18 PAYMENT#24
PAYMENT#09 $29,150 PAYMENT#25
PAYMENT#10 $15,400 PAYMENT#26
PAYMENT#11 $3,391 PAYMENT#27
PAYMENT#12 $23,100 PAYMENT#28
PAYMENT#13 $979 PAYMENT#29
PAYMENT#14 $9,600 PAYMENT#30
PAYMENT#15 $110 PAYMENT#31
PAYMENT#16 $5,200 PAYMENT#32
$244,113 $3,239
TOTAL ACTUAL PAYMENTS: $ 247,352.42
ADJUSTED TOTAL CONTRACT: $370,039.00
REMAINING BALANCE ON CONTRACT: $122,686.58
RECOMMENDATION: APPROVED APPROVED APPROVED
DENIED DENIED DENIED
SIGNATURE:
Supervising City Manager Mayor
Dept Head