HomeMy WebLinkAbout4.06 Neighborhood Square Projector
19 82
/ii � 111
DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
June 7, 2016
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -30
Christopher L. Foss, City Manager "
Approval of a Task Order with PGA Design for the Dublin anch Neighborhood
Square Project
Prepared by Meghan Tiernan, Facilities Development Manager
EXECUTIVE SUMMARY:
In 2015, the City Council approved the improvement agreement for SubArea3 Phase 1
(Neighborhood Square Site) whereby the City would develop design plans for a neighborhood
square to be constructed by the Lennar Homes of California, Inc. Landscape architectural
design services are required to complete the concept plan and construction documents for the
park improvement project. Staff is requesting approval of a $177,967 Task Order with PGA
Design for Landscape Architectural Services for the Dublin Ranch SubArea3 (Iron Gate
Subdivision) Neighborhood Square Project.
FINANCIAL IMPACT:
No net financial impact to City. All cost associated with the improvement agreement including
park design and construction will be borne by the Developer, Lennar Homes of California, Inc.,
with the improvements being credited against the City's Neighborhood Park improvement fee
credits under the Public Facility Fee Program. The Developer has deposited $200,000 in a City
deposit account to be used for the preparation of construction plans and specifications.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving Task Order #1 with
PGA Design for Landscape Architectural Services for the Dublin Ranch SubArea3
Neighborhood Square Project.
ubmitte° BlcByy
Public Works Director
'\ Reviewed By
Assistant City Manager
Page 1 of 2 ITEM NO. 4.6
DESCRIPTION:
On July 21, 2015, the City Council approved an improvement agreement for SubArea3 Phase I
(Neighborhood Square Site) with Lennar Homes of California, Inc. All costs associated with the
improvement agreement including park design and construction will be borne by the Developer.
The Developer has deposited $200,000 in a City deposit account to be used for the preparation
of construction plans and specifications for the park improvements by the City's selected
consultant. The design work will begin in the current fiscal year.
The park improvements will be consistent with the Neighborhood Square standards in the Parks
and Recreation Master Plan and may include, but are not limited to: central green /focal point/
gathering space, two age- specific playground areas picnic tables, benches, sports facilities as
appropriate, landscaping, lighting for security purposes, and park signage. The specific mix of
amenities, the design theme, and overall character of the park will be determined by means of
public input. In addition, the City has a planned 10 -acre "Community Nature Park," to be
constructed by the Developer adjacent to this Neighborhood Square and some amenities
related to that park may need to be designed in conjunction with this park project. Because the
majority of the community nature park elements were approved as part of the project's Site
Development Review approval, no separate design consultant will be needed.
Staff solicited proposals for design services from the City's on -call landscape architects and
received five proposals on May 13, 2016. Upon review by City Staff, PGA Design was selected
based on the completeness of their proposal, understanding of the project, ability to meet the
project schedule, and proposed fees for services. Design services by PGA Design is included in
the proposed task order and are based on time and materials not -to- exceed $177,9670 and are
attached as an exhibit to the Resolution.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of the staff report was sent to PGA Design and Lennar Homes of California.
ATTACHMENTS: 1. Resolution Approving Task Order #1 with PGA Design for
Landscape Architectural Services for the Dublin Ranch SubArea3
Neighborhood Square Project.
2. Exhibit A to Resolution — Task Order #1
3. Proposal from PGA Design Group
4. Agreement between City of Dublin and PGA Design Group for On-
Call Landscape Architectural Services
5. Location Map
Page 2 of 2
RESOLUTION NO. XX - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
APPROVING TASK ORDER #1 WITH PGA DESIGN FOR
LANDSCAPE ARCHITECTURAL SERVICES FOR THE
DUBLIN RANCH SUBAREA3 NEIGHBORHOOD SQUARE PROJECT
WHEREAS, on July 21, 2015, the City Council approved the improvement agreement for
SubArea3 Phase 1 (Neighborhood Square Site) whereby the City would develop design plans for
a neighborhood square to be constructed by the Developer; and
WHEREAS, on November 17, 2015, the City Council approved a consulting services
agreement with PGA Design for on -call landscape architectural services; and
WHEREAS, the City desires to hire a consultant qualified and experienced in providing
parks master plans and construction documents; and
WHEREAS, the City solicited proposals from its on -call landscape architectural services
firms and the PGA Design Group has the demonstrated ability to perform the landscape
architectural design services for the Dublin Ranch SubArea3 Neighborhood Square Project; and
WHEREAS, the PGA Design is available to perform the work specified;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby approve Task Order #1 with PGA Design for landscape architectural design
services for the Dublin Ranch SubArea3 Neighborhood Square Project, attached as Exhibit
A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Purchase Order for said Task Order.
PASSED, APPROVED AND ADOPTED this 7th day of June, 2016, by the following
vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
ATTACHMENT 1
City coulincill
925 6.5.3 6650
City IIi'lainageui^
92`.a, 331.1,630
t6om °nm °niUnity I13eoelllolll'vmemeint
teoinomvrmiie III ";'bevelllopirneint
921) 1.3.3 6650
III1^ liiurmoincellll "6
92`.;,131, ,0,10
F° noire III'' ° "ireoentloin
9211) 6"D 6606
ll ° ° °Illm.mmmrmon III'teeouircee
II' "eurlllve & Coinvirnuinity Services
9) 5,131, t,, 0,15
II''' "o lee.
9211) 833 66/0
'mumlll'mlllli1C 6m lllve
V 66 Civic Plaza,
Dumilellurm, CA 64566
P 666 „663 6656
iiµ 925 833,6651
www.dulblliiii „erm..goo
EXHIBIT A TO RESOLUTION
June 7, 2016
Karen Krolewski
PGA Design
444 17th Street
Oakland, CA 94612
RE: Task Order #1 between the City of Dublin and PGA Design
Ms. Krolewski:
Effective today, this letter shall serve as written authorization for Task Order #1 to
provide landscape architectural design services to the City of Dublin. Work shall be
completed under the On -Call Agreement between PGA Design and the Facilities
Development Division of the Department of Public Works. The term of this Agreement
is from June 7, 2016 through December 30, 2017. Please review, sign and date this
letter, email a copy back to the City, and send the original back by normal mail service.
The Not -to- Exceed amount for Task Order #1 shall be $177,967, based on the
attached email proposal from PGA Design, dated May 13, 2016. Work is to be
completed as stated in this proposal. A breakdown of task orders authorized to date
under this agreement is as follows:
Task Order for On -Call Landscape Architectural Services
Agreement
Project
Number
Amount
Authorized
Task Order #1
$ 177,967
Previously Authorized, to date (preceding task orders)
$ 0
Subtotal of all Task Orders Authorized
$ 177,967
Total Not to Exceed
$ N/A
Amount Remaining in Agreement
$ N/A
xxxx x«rr (()II;ECw"c;c'I)
Work under this task order is to be completed by December 30, 2017. Upon
agreement by both City and PGA Design, any substantive changes to the timeline,
not -to- exceed amount, or scope of work will need to be approved in writing and will
result in a revised Task Order issued which will supersede this document. All other
terms and conditions of the agreement which this task order is issued from shall
remain in full force and effect.
If you have any questions or need additional information, please contact Meghan
Tiernan, Facilities Development Manager, at (925) 556 -4510 or via email, respectively,
at: Meghan.Tiernan @dublin.ca.gov
Best Regards,
Meghan Tiernan
Facilities Development Manager
PGA Design
Authorized Representative (Print)
Title
Date
Authorized Representative (Signature)
111�'����m����� ~
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Introduction
��wa�c��s �ncx/r*crs
PGAdesiQry" May 13,2016
3Corp
Re. Design Services for the Dublin Ranch SubArea3 Neighborhood Square
37 years in business, established 1yrg
[apUa| Improvement Project
SERVICES
Deor Meg han Tie rnanandN1emberyuf the Se|ect|on[ummittee,
Master P|anning
PGAdesiymis very pleased 0o submit our proposal fmrthe Dublin Ranch Sub
Pnesentmt/mnGrapk|cs
Area 3Neighburhood Squave project. VVeundemiand the project will lndude.
p|onUngDeggn
~ Central Green/Focal point/gathering space
Visualization
~ Two age-sped#cp|ayground areas w/ithshadedspectatorseat1ng
Community Facilitation
. P[cn/ctables, benchesand shade for gruup and Ind iv|dua| use
Historic Preservation
~ Sports facility amenities as appropriate: basketball court or tennis court
Urban Design
' Restroom building with chase fmrjanitoria| supplies and small equipment
Irrigation Design
^ Vehicular concrete paving for maintenance access through parkto restroorn
Contract Documents
~ Lighting for security purposes
e n�om
-'~ ~
While wc are a firm mf14,we are proposing that these projects will be
SMAL.L. BUSINESS
pe6onned6y the tea mcf Karen Krmfewski, Principal -in-chargeandLandscape
PGA design isawmman-o^°ned'certified
Architect; Diana Pink, Project Manager and Landscape Architect; Daniel
small business with multiple Bay Area
Col |azms, Project Ass1staotamd Comm unityCoordinator;and Bob Tom/ar, omr
agencies in Alameda County, aMicro-
in-house irrigation designer. With this team you will see us provide the services
Small Business enterprise with the State
from start iufini5h.
of CmhfhrnioundmnEqua|Opportmnity
We have included the following sub-consultants 10 supplement our in-house
Emp/oyer.
knovv|edge: SAN DfSfurdvi|engineedng'stormw/ote/ treatment p Ian, and
k"���os��n
Task
PGAdesign
PGAdesign
SAUDIS
SAUDIS
Zeiger
concepts with images boards to convey
Landscape
Landscape
Civil
Civil
Electrical
0
Architect
Architect
Engineer &
Engineer &
Engineer
" C
-�! o
Principal
Senior
Surveying
Surveying
Principal
SUBTASK: Prepare -summary cost
Landscape
Sand is Office
Sardis
OUTPUT: Cost for 3 concept plans.
<
Architect,
Engineer/
Field
4 740 4 600
$ 1,340
SUBTASK: Garner input on the 3
Irrigation
Surveyor
Survey
conceptual designs and select a
Ln
Designer,
Crew
boards will be presented with a way to
vote on preferred alternatives,
OUTPUT: Understand preferences for
Rate: $185
Rate: $150
Rate: $125
Rate: $250
Rate. $235
hours fee
hours f"
hours fee
hours fee
houn fey
Task 1: Project Kick-off
design into one design concept and
TASK I . I Meeting #1: Project Kick-off
18 1,480
1
14 .660 T_
<
meeting.
SUBTASK! Meet with the City to go over
project goals and understanding of
scope of the project.
OUTPUT. Understanding of project
goals and what are priorities of the
project.
TASK 12 Site Analysis
8 1,480
16 2,400
40 5,000
16 4,000
6 1,410
S U STAS K: Prepare topographic survey
of the site, site visit, data collection &
code coordination.
OUTPUT - Preparation to enable
conceptual plans to be completed.
11=
$2,140
TASK 2.1: Prepare 3 conceptual designs.
80 14,800 '!1 2,400 301 3,750-
6 1,410 $22,36-0
SUBTASK: Prepare colored plan
concepts with images boards to convey
the design concepts.
OUTPUT. 3 conceptual plans.
TASK 2.2: Prepare cost est i rn a tes for the
32 4,800 12 1,500
$6,300
conceptual designs,
CIO
SUBTASK: Prepare -summary cost
estimate.
OUTPUT: Cost for 3 concept plans.
<
TASK 23: Public Workshop No. 7
4 740 4 600
$ 1,340
SUBTASK: Garner input on the 3
conceptual designs and select a
Ln
preferred a fternative. Plans and image
boards will be presented with a way to
vote on preferred alternatives,
OUTPUT: Understand preferences for
<
the design of the park.
TASK 2.4: Refine conceptual plan.
-5
40 7,400 40 6,000 24 3,000 I
I $16,400
SUBTASK- Refine preferred conceptual
design into one design concept and
review with City staff
OUTPUT; Refined conceptual plan.
<
IRGAidiesiigin I A ('3, lj�"' 5 C A I' E b 1:,,' C 11 1 I E C 1'
TASK 2.5! Public Workshop No. 2 4 740 4 600
SUBTASK: Present the preferred
alternative and a summary of the
3 alternatives at the Parks and
Community Services Cam mission.
<
changes to incorporate into the design.
TASK 2.6: Public Workshop No. 3
SUBTASK: Present materl a Is from Pu bi ic
Wo rkshop #2 to City Cc u nci I fo r fi nal
selection of design.
CP
OUTPUT.
<
Task 3: Construction Documents
TASK Construction Documents
SUBTASK: Prepare 65% construction
documents, specifications and cost
estimate. Plans will include layout,
grading, starmwater treatment
planting, I ighting, architectural
-0
K
features,'irrigatin concept.
F
Q)
OUTPUT. 65% Constf uction Documents
along with refinement of budget and
identifying if any design items are to be
add alternates.
TASK 3.2: 95% Construction Documents
SUBTASK: Prepare 95% construction
documents, specifications and cost
estimate, this will he a refinement of
the 65% plans to fully flesh out the
details and refine the design to be
>
within budget.
0
z
OUTPUT: 95% Construction Doc u me nt5
TASK 33: 100% Construction
Documents
a
SUBTASK: Prepare 10011/6 construction
dM cuments, specifications and cost
estimate suitable for bid ding.
E
OUTPUT: 100% Construction
00
U
Documents
Task 4: Construction Observation
TASK 4.1: Cc nstruction Observation.
SUBTASK: Construction review and
observation including RIFI responses,
submittal reviews, change orders
pre-consUuction meeting and punch
I ist walk.
OUTPUT: Fina I built park.
4 740 4 600
40 7,400 1 64 9,600 120 15,000
32 5,920
40 7,400
5,920
40 ; 6,000
75 9,375
40 6,000 50 6,250
M
1,340
6 1,4'11 N $ 33,410
� 9 2,115
1 12 2,820
ff PqMMPW-3V#
25,285
S 210,991"')
11,985 $170,790
1,199.` 7,177
. . . . ........ . .... .. .
e
FliGrAidesign r, r r, � f
t ha it yo u r, in 5ig h if an id graphir.'! a dro if M e s s
vvir.'�rk.° in VU �u a ble con tr ibu ticii, r s to th e dream s
of brirNq img rh e 14 it, Varr Eass Peo k area b a ck
to its q fDry. �e yob s ervr.,.-- � i is a n rl dPi 1 r- v ssio..n Y,
qeneruted y you ivifcre not onify eye op&'Tr',r.s'
tr') thc", stare Parks st(zff, biuf �)avp rh..?rn much
to & s cu s s r id reflit'?cit i r�. I also h P. ard
tha of t h e r.J'rap a k res U It s iNe re b en u irihj f, rani d
our p a r M e rs olcm.,', s to n ned a t the. prioxhj C.15
prr>du rad in - uch a r.,i i( . k rn an n er,
BaH.5ara Rice
Prr,y grarr rn,',iik anrd
ConserivairOn PrDyrarn
Lyin ito"� id sira tr.rs M-°Par if r? uen t C? f th e Interior
fVatic'mol P,zrt,,. Servifcic,�
Paic,16r'[Wst fl?eyton
P, GAidiesilliglill I p
MEM
Below is a list of the consultants and sub - consultants fort e project, followed
Fay resumes that describe each team mem her more in depth,
Title Discipline Specific Responsibilities
Firm Name
Karen KrGlewski,
Principal,
PGAdesign
Diana Pink,
Senior Associate,
PGAdesi
Andrew Chafer,
Senior Project
Surveyor,
Sandis
Ron Zeiger,
President,
Lead Designer & Lead project team and design
Landscape Architect of project.
Landscape Architect
Landscape Designer
Irrigation Designer
Qualified SWPPP
Developer/Pract[tioner
Assist with technical
development of contract plans.
Assist with public
presentations.
Develop Irrigation plans.
Develop grading, storrnwater,
SWPPP and drainage plans.
TIHIE CITY OF IDUIBILIIIN AND
THIS AGREEMENT for consulting services its minds by and between Ilhe City of Dublin
("City") and PGAdeslgin, Inc. ("Consultant") as of Movembeirl , 20,1 5.
Sadiron 'l,. SERVICES. Subject to the -terms and coindlifions set foilh iiin this Agreement,
_on ulll .init h llll piraVii ' tin City the services described 'urn the Ip of Work attached as E IhlUt
.A at th tiiime and plI ace arid in the manner specified th it in.. In the event of a coiriffict iirn u�ir
iin n 'st ncy between the terms of this Agreement aired IE hiilbot A, the gr rn nt shall Ipr valill.
1.3 AjajgD!n2jA.2LEftEM2!jQjL Consultant shafl assigin onlly competent jpersorlin4
to p irfoirirn services pursuant to this Agreement. Ilin the event that Cky, iiin lts solle
discrefion, at any tirne duiriiing the term of this gr ment, d'es'ires the
reassignment f any such Ip it on ., Consultant shall, iirnr ned'uatelly upon receiving
notice from City of such desire of City, ireassiigin such Ip it oin oir persons.
1, .'Time. Consultant slhallll devote such turns tin the performance ofservices
Ipuir u.n rnt to this Agreement as may The ireasoinalMy necessary to rneel the
standard of perfoirmiance provided in iioin 'l . 1 above and to satisfy
Consultant's obligations Ihi ireund ir.
Consultant and City acknowledge and agree that compensalloin Ipald Iby City to Consultant
under this Agreement its based u_ulp in on uull aim's estimated d casts of providing -the services
Consulting Services Agreement Ibetween I 'overnd r '18, 20,15
City of Dublin and PGAdesign, Inc. IPage 1 of 14
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 ar4
reimbursable costs incurred prior to the invoice date. Invoices shall contain the
following information:
FE. 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 f rorn the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
L 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 subrnitta�%
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.
loll
such an i nvoice by a properly executed change order or amendment.
(ver.201-5)
Consulting Services Agreement between November 18, 2015
City of Dublin and PGAdesign, Inc. Page 2 of 14
nirll I ,. E fair work Ip irfoinrnrn d by, Consuftaint orn an hourly Ib . 'u IhnaIli
not exceed the a.mrmou ntts shown on the following fee Ihu d'ul ,.
2.6 Refiftbursable n , Relimbuirsalble expenses mire specified in the
Coins u Itaint's Proposal. IExpenses not Usted Ibelow are not chargeable to, City.
I RelirnbuirsaWe expeinsesaire included in the total airnount of compeinsation
provided uaini ' it this Agreement ttlhatt shafl not The exceeded..
3 IPA mmn imp -of Taxes. Consultant its solely it Ipoiniaii nl foir the Ipayment of
irnnlpll yinnent 'taxes incurred u.nrnml it tth Agreement ind any sirnilair f d ira.11 or state
taxes.,
,. 8 In the ventt flhnaf the iffy or Consultant tt rrmn'urn .tt a
�this Agireemient Ipursuant to flo n 8,1 the iitty chalk compensate the Consuitant
for allI outstanding costs nd reirnbuirsalble expenses linicurr ' for work
siatisfactoidly completed as of the date of wirlittein notice of tt rrmiiimnattion, , Consultant
fnallll im iinttalirn adequate logs and firnesheets in order to verify costs incurred tto
that date.,
,. Ihn irl attl rn tt I irf irirrn it f u The o n ulltt rat its rnott aulhodzed to
Ip rf irrmn airny services or iiirn ur any costs whatsoever under the terims of this
Agreement urnttO reoelipt of aiurttlhora'zattu n fr irmn the o nttr tt Administrator.
IMIPLIE CALCULATION: (Using 1% IIndex iirn r m x murnlpll )
HOURLY IRATIE CHARGE $150 „0011hr
11 IM ID IEX II NC IRIE SIE (Assiurn iirn 'f %) '150 x ..01 1.50 1, Ilhnr
1 51,. 0/hr
Section FACILITIES AND I EOUIPMENT. Except as sett forth Iheit iirn, Consultant shaH, 2.tt
TiTS01 I o tt an'd expense, provide a14 f , ii Iffies aind eq iullprmn rnf that irm ay be necessairy to p irforim
the it i . required Iby this it rrn mntt, City shaH make vaiill bl to Consultant only the
f . iilliittii a and equipment listed In this section, and only under the terims a.nnd conditions set forth
Ihiiriiirn..
.... ........................ _ .......................... m................................................................................... ,,,,,,,,,,, ................................................................................................................................................... . ... ...............................
Cioirisiuftiii"q SisirViciesAigirieleii nient bletween Niovierniasir 18,20 15
Gitt°y f III: i ubIllirn Eursid RGAidie6ligin, Illirm . Pa w f 14
I k-CT.,T;= mama� , f "
An eindoirsement shn .11ll state that coverage Ihnallll nol The canceled except afteir
'hlhmiiirhy (30) days' piriior written riofice Iby ceirtlified rnaH, return recelpt requested, Ihn s
beer given to the h1y,. COINSWIta.int shall notify City iitlNrn '14 days of notification
hroirmn Consultant' insurer Uf such coverage its suspended, voli ded or reduced iiirn
ooverage emir in Hirmnii s.
Comimercil I All Di IU u' rmm lbu ILii l llllll l uir inn .
2 sir limuuiru scolae of coveiranch C rmnnm irciW geneirall coverage s1h all be at
k,ast as broad as Insurance Seirvliw.s Office Commercial Geineirall IJalbllliity
occurrence irn foirinrn CGA 0001.. Automobile coverage slhm .11ll Ibe at least as
Ibroad Insurance Servi ffii Autoirriolbille Liability foirrmm CA 0001
rap 1 ( "any auto").
4.2.3 Addlitloinall ire uuiiir rrn rnt .. Each of the following hm .Ull be included in the
insurance cov r u oir added as an endoirsernent to the Ip llii y,
The [inswraince shaLH cover on ain occurrence or umirn accident ba.. ii s,
and nnat oirn a clalimis-igia,de Ibasis,
C. An endorsement must slate that coverage its Ipriimairy insurance
with irespect to the City and its off Uc rs, offidals, eirnjpUoyees and
v Uuurnte it r and lhhnal rno iirn uuira.rmce; or sellf insurance rnaiintaU ned Iby
time City shnaPll be calllled uulporn to o ntriilbuute .10 a Iloss under the
coverage.,
C ve =r.20156
Consulting Services Agireeinnaint lbetween INovernlbair 18, 201
City of IDuulbliirm and I GAdesl rn, Inc. IPage 5 of '1
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.
endorsement shall state that coverage shall not be canceled
except after thirty (30) days' prior written notice by certif led 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
insu rance for I icensed prof essio nals perform i ng work purs u ant to th is Ag reemen
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.
,.:.3.2 An endorsement shall state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits, excepi
after thirty �30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
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 bt
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.
4, 4 All IPo alias Ili�t� ii,.iiiirr irrrr rimff „„
........... ......................!,, i............. ,............,,,,,,
4. 4.1 AcceRtabliflit oUlinsuireirs. All insurance required Iby this section its to one
placed with insurers with a lBesffs" rating of no Il ss than n AM II,
4. 4.2 urliffi ti n of coveiramo Prior to beginning any work uurnd it this
Agreement, Co nsuultant shall furnish City w iiffihn certificates of insu.ursirnce and
with original endorsements effecting coverage required h reiirn. "inhne
Gertiiffiic ff s and erodors mer -ils for each inwrairice polliicy airs to Ibe signed
by a person authorized Iby that iinnsuur ir to bind coveiragle Burn its behalf. allff. "Th e
City reserves the right to require rmnpll ff u ceirtified copies of all required
insurance policies arid endorsements. Failure to exercise this right t shalll
not 0 rnstiiffuuffe a waiver of right .r exercise later.
4.4 Ibcon it „ Consultant agrees ff include ith all sab rnffrsctors ir;i
theiiir subcontract the same roq uuiiir irxnerits srn ' provisions of thins
Agreement iirn lluudiirn the Indemnification and Insurance r puuiir rmne nts ff
the tent they apply, .ro the scolpe of the Suulba:sornffr ctoir's w orlk,
Subcontractors haired Iby ornsuulta nt irr e to Ibs^ bound to rnsu.ulta nt avid
the ity in the sarne ma nrn it and to the same extent as Consu.ukt riff is
bound to the iiffy under the ntr ct Documents. Subcontractor further
s ire s to include these same provisions with any Suub subcontractor,
Ipy of -the Owner Cointract [)o uurmn irnff Ilrn ' irmnnniffy and Insurance
provisions will The furnished to the Subcontractor upon it p,uu sff, "The
General Contractor shall require IIII subcontractors -to provide s valid
certificate of iirnsu.nr irnce and the required rn oirs irrns^rnffs included in fflhns^
agr ernn irnff prior to rnnirrn rnic rrrnern't of any w oirlk and will provide proof of
oirxnlpiiiani :* to the City.,
w .4 Variation The City may approve variation in the foregoing insura ce i
it p,uuiireirnn irnffs, upon s determination that the coverages, scope, limits, and
ffornis of such insurance moire either not c. irn'ninrner ially available, or that fflhne
City's interests sirs: otherwise iise ffuulllly protected.
4,4,E IDedu llibles ,inn Sell,,,Insured Vileteinffli rust All solff insured retentions
(SIIIR) arid/oar deductibles irnnuusff be disclosed to the Luffy for approva. ll and
shall moll redime the Iliirmniiffs of Iliia.Iblilliiffy.. Policies containing any self: insured
retention Iproviisiio n and/ it deductibles slh all provide ¢sir The endorsed to
provide that the SlR arnd/oir dedn.0 ffiilh; les rrrnay Iba s tisffied Iby either the
irnarmn d insured or the City.
4.4.6 iI s Vl� �r i The liiirniffs of insurance required in this Agreement ; , , ; ,m ,ii i ..
may be satisfied by
a combination of primary and uurmnbr lla oir excess
insurance. Any uumbireilla or excess iirnsuuraruce shall contain or Ib
endorsed to contain a provision that such coverage shall allso apply on a
prim airy and rn on contributory basis ff it the lb irn ifiiff of City (if agreed ff in a
written cornifra ff or a r enne nt) before City's own insurance or s 8ff
insurance shall be called uuporn to Iproleat City, as a ruarrn d insuir d.
ver. iVNii y,+
Consulting S ervlces Agreernoint. between Noveirnkmir 1, 2,015
City of IlDuwulblliirn arid IPGAd nsii irn„ Ilirnua„ II:::Iage 7 r; f 1
4.4.7 Notice of Reduction in Coverage. In the event that any coverage
required ■ 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 failsoft,
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 0 =-- a `' . a
�19 M I z1fiNfli rol I 10MA I 01i I INKIM of
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
of
6111VALTDR19 Ma Wo I I I I art I I
f; &41&IKQ M I cra I Lei I Kelm I I I LxiLl I L-r4l I r41 [a Lei Ott r-Mil R 0#1419 V16 941M I I I I MKI 110 Q10 9 M.
(ver,2015)
Consulting Services Agreement between November 18, 2015
City of Dublin and PGAdesign, Inc. Page 8 of 14
. "U Illirm irm mn nrnlliir ff nr At alI Urnes during t1he teirmm of this Agireennoint,
Consultant shalI be an iin ' Ip nn (.;tuff contractor and shall not be an u irmpioyee of
City. Luffy slhn 111 Ihave the rii hnli 'llo control Consultant only iim miff it as the results of
Consiultaint's services rendered Ipuursun rmff to this Agreement aind assignment of
Ip it ornrn 8 pursuant to Subparagraph 13; N Ihn ww v r, atheirwise City sliallll not have
111h right to corntirol ttie mearis by which Consultant accompIlishes. services
rendered pu.uir uu rrt to this r eme nt.. Notwithstanding iirn my otheir Luffy, state, or
fedeirall punlii yN iru.ulle, regulation, II wwN or ordinance to the contrary, ntrary, Con uulta nt and
any of its eirmnlplloy ee , agents, and subcontractors providing rwii e uurndeir this
Agreement shalI not qualify for oir become eirititlod to, and Ihn it lh y agree to live
any, and allll dalinis to, any coirnp nn atiirurnN Ib irn ffitN or any incident of employment
by City, linduu iirng but not limited to ellii iilbiilliiliy to enroll in the Cal[ifoirinia, Public
IEmployeas lRe iiir irmn rnt System OPIEDFIS) as ain employee of Clify aind eiriti,flement
'to any contribution to 1paid by City for eirrnplloy it contributions andloir eirrilplayee
contributions for IPE.IRS benefits.
„ in ut nff _; rt„ Except City im y specify hin writing, or ulliarff shall
,
b
no au-thoirity, express or urnjplled, to act on Ibehalf off City in any iity
wuwlh t olow er as ain agerif., Consultant shn llll Ih have no authority, express or irripHied,
pour uu ruff to this Agreement to bind Oty to any obligation whatsoever.
clliorm '7„ Ili„JIFE , JIL. I I Q UIRllf :iIIEEEIII III "TS
7,..1 v irnnfiri ,,, Ili,,, „ The laws s off tIl-le State of California sh llll goverin this
,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Agreement.
ent..
„ ii l[ ![liainc with Laws. rsulht rt r any subcontractors h llh
.e
rrrnplly with allll Ilawws alpIpUcalble to O-ie performance of thnp work Ih eireuurndeir.
7.3 ;rinivv in- tall,llF „mull iii „ fflhn 9k irnff tlh t this may be
ffurn e5 If y ff'l c a 11 a ssii s ff rn e ffirormn arnothn it goverinimentM mtiiihy, Consultant and
any subcontractors shia,lli comply with alI applicable irii.hll es and regulations to which
City, its lbound by the terms of siuch fiscall assistance Ipiro r rmn..
'7.4 1 liceinses and Permits. oirn n.ullt irnik it pir Ls irnff and warrants to City 1i1h .t
Consultant and its irmnploy e , agerits, and any subcontractors have IIII liceirises,
p rirmiits, pmu lif ications, and approvals of w1hatsoeveir irn ffunre that airp l egali ly
required to Ipir, ctiic th ur respective professions. Consultant relpireseints and
warrants to City that Consultant and its rmnplloy , agents, array suIbcoritinactoirs
shall, at their some gnat and expense, keep lira, ceffect at ahh ffiirrn s d'uuiriirn thn teirrmn of
this Agreement any 111ceinsos, Iperirmiiffs, and appirovals that are legaHy required to
practice their respective prof essioris.. II In addition to the fforegolin N Coins u ftaint and
Wrny subcontractors shah obtalinn and irrnaornff iirn during tffn t ram of this Agireerrierd
valid Business ss Il...i censes ffir rrn City,.
7. 5 Nondi rlirnlllmn ffi'u irm nn IIE ..qu I , 012P.0191W Consultant shall not discriminate,
Amin fflhm Ib ii s off a I e r,morn s race, religion, ollor, in tlo n ll origin, age, physical Oir
inrient ll handicap or disaltAity, irmn diic l condition, irrn .r'lit ll status, sex, or u,u ll
orientation, against any ernIployee, alpIpficant for errniployrrn irnll„ suulb ornihir ctor„
bidder for a subcontract, weir Ip irff clip rnt !in, recipient off, oir applicant for any
services or prograirwis provided by Consuuht rnih under this Agreement. on uult rnt
7 P.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
'4'P. "r 20115)
Consulting Services Agreement tww rn Novernbeir 18, 2015
City of Duulblllirn and PGAdesigin, Inc.. IP of '1
Tball 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 subcontraci
7pproved by the Contract Administrator or this Agreement.
8.1 Termination. City may cancel this Agreement at any time and without causl-.
upon written notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days'written notice t(I
City and shall include in such notice the reasons for cancellation.
!9.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
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 shal'
survive the termination of this Agreement.
-----------------
— -----------
(ver.2015)
Consulting Services Agreement between November 18, 2015
City of Dubl i n and PGAdes ig n, Inc. Page 1 0 of 14
. pIll f � �l t ch II Consultant if Consultant materially br Gh any of
,ia,
the a irims of this Agreement, City's remedies shall iincluded, but not be limited to,
the fo1liowirng
8.6.1 Ilrrnim ii .f Ily f irirniirn to iilh gir rrnerof„
8 6.2 Retain the p11 rns, specifications, dirmings, it p irts, design documents,
arid any offn it woirlk Ipiroduucf pirepared by Consultant puuirzu,u u'nf to this
Agreement;
8.6 ,3 1:1etaiirn a different rnrnsuuifarn't to complete the work described in Exhibit ..;
rnruf firlished by o n iullf rnli„ or
8.6.4 Charge rge rn uullf .rnli the difference Ibefwu;ain the of to wimplIete the work
d scidbad in Exhibit that its u.urnfiirnii hed at ldhi fiirnn f Ibir h, arid the
. . . . . . . . .............................
airnoiurnf that City would Ihava paid Consultant puurswarnf to tiio n 2 if
rn uuifarnf had comploted fine work.
fiii iun .. III(EI1:..:PIIN1G A114113 grKi11°Ig s 0IF::RECOIFW lD .
A Records Cr d .%ll� t f Co Ptard" iPerf iriman a, i ,,, IIII reports, oirts" IG "
imaps,, models, charts, studies, surveys, photographs, rrrn irnor rnd ., plains,
studies, specifications, records, files„ or ain,y oflhor documents nts or imat iriiai , 'urn
electro niiru or any other forir " that Consultant prepares or obtains Ipuursimirnf fo thiis
Agreerneiritaind that relate to the matters rs cov it d Iln it uurnd'er shalI Ibs the (property
of the Cyiity. C o n uultarnf (hereby agireop, to deliver those documents to the C'ify
uupoirn farrnniirnafii rn of the Agreement. It is understood and agr d fJhaf fine.:
documents and otheir materials, iincluding buuf snot Iliiiruiiif d to those described
alb ve, prepared Ipuir uusrrf to ffn'is Agreement are prepared specifically for the City
and are not necessarily siuiifalNe for any future or Whair use, iify and unsuullta nli
agues flhaf, iurnfill firna.11 apprruwuall by City, aIII data, IpBarns, specificatioris, reports arid
other documents are coinfidentlialI and will not Ibc it I aced .i third parties without
Ipiriirur wuweriffu rn conseirill of both parties..
g„ grn wullf rnit" IlBoo and Records,, „ C° rn uulltarnt slha111I irnnainnt irn any and all
II�^d'g ra Ib s of a w ouuirnt, 177vwAU�ii as„ vouchers, canceled checks, arid other
records or docuurrnernll s evWeiricling or it iatfrng to harg s fair services or
expenditures aurnd disbursements ctiarged to the Oty under this Agreement for a
irnnirnirrnuuim of three ( ) years, or for airny longer period required Ib;y (law, from the
date of fiirnall payment to the Consultant to this Agreerneirit..
9.3 Ilrn , l;iigin in 'iii f R rd „ Any records r documents that Section 9.2
oaf flhiis A'girae-irn rnt requires Consultant to maintain sfnallll be ri na.d'a awraillalblla for
irnsp Gtiiorn, auud'if" and/ it copyiirng at any firne during regular business Ihouuir s, uuporn
ara1l oir written request of the fifty. Under, alliforrnia. Government Code Section
8546 „7, if the arnou rnt of pu blic fuurnd's expended uurideir ff-nis Ag r crime nt exceeds
TIEN T11 II USANID IDOII....i.... ARS (10,0 0.00), t Ihe Ag reeirmiarnt shall be suubi'au~li .t -line
examination a.rnd audit of time State Auditor, of tine request of City oir as part of any
audit of flh e My, for a p mod of three ( ) years after firnai Ip yarn irnf under flhne
Agreement.
C o nsuuIfirug Services Agreement between n wr rn ber 18, 2015
City, of IDuulbiiiin and FIGAdesig in, Ilrn :.. IPage 'f "II of "14
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys'fees in
addition to any other relief to which that party may be entitled. The court may set
such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under
this Agreement, the parties agree that trial of such action shall be vested
exclusively in the state courts of California in the County of Alameda or in the
UWite
10.3 Severa► illity. If a court of competent jurisdiction finds or rules that any provisloc
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.
10.6 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 defin
in the Political Reform Act, codified at California Government Code Section
81000 etseq. I
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 ir
this Agreement that would violate California Government Code Sections 1090 et
seq.
(ver.2015)
Consulting Services Agreement between November 18, 2015
City of Dublin and esign, Inc. Page 1 2 of 14
1paid to the Consultant., Consultant understands that, in addifion to flhe foregoing,
it im y be sulbJect to cirlirnlnW prosecution fair a violl iil un of Government Conde
109 rn , if applicable, will The disquallfied firoinrn holding Ipulblic office iirn 'flhe State
of CaRforinia.,
ILI lii rvInUi irr. Consultant agirees not to sollii of business 'f any meetling, fo iu
group, or interview r ll ff d to this eltheir oir illy or through ainy wuawririitf in
materials.,
'I D,�9 Contract n iiun ii it tii im, TIfn'us Agreement shal the administered lby the City
IMa ni geir ("Con-tract f d inn iimnii fir oir"). AIR correspondence sh 111 be directed to or
through the ontr ct Ad inn iirnii fr toir or hii s or Ih it d igin r,.
10.10 Not Ices. Any written noUce to mn u.uItainf shaill be se rnf to
IKairein Kirolewski, Priiin6jpW
IRGAdesigin, Inc..
444171.1'1 Street
Iklla nd, CA g4 1
Any vviritten notice to iffy shall be sent to::
Gam Hulsingh, Puub iic Works Director
iify Of Dublin n IPublii Works
100 CIvIc Plaza
Dublin, lliiin, 9456
Swell and iignatur of Registered Fllrcvf nairn ll with
irelport/desigirl responsibility.
'I IDA 2 !mujwMr g!M lithos Ag ir mrn mnf, linclud Og the Ip of worlk attached (hereto and
[incorporated Irnerei n as.lExhilbit A, and including flh COrTnp nn afii mn Schedule
attached h it fin aind lincoirlpoirated Ih it iirn as ExhiNt IB., represents the infiiir and
integrated agreement lbetweein City and or ullf _int_aind Supersedes lIII prior
rn gotlatlioin,, ire pir s rnf fuoirr ,, or agreeimeints,, eltheir written or oir L
CITY IF IDIUILII
�yw
r s
� I j ,.,� HIIVm I ; _..
rp m
(,pe,�z015)
Consulting Services gr ment lbetweein
City of Dublin and P u iigrn, Ilrn , (Page .1 w ff .f 4
P.iigrn„ Ilirn.
it in I r IPiriii io I!
w I
IMrnwu' irrnbeir .f 1
Attest:�
dd�ir;oiirle so, C
.. .... . . ...... .........
Johp,Ba'kker, City Attorney
W
(ver.2015)
Consulting Services Agreement between November 18, 2015
City of Dublin and PGAdesign, Inc. Page 14 of 14
SCOPE OF SERVICES
ILi ii
1. Plirelpaire site, landscape irnd iiiririig allio n plans;
9. Assist iirn Udding and .waird lP „
10.. Provide construction administration services.
Consulting ltiirng Services Agreement between Movernilbeir '18, 20,15
City of Dublin and IPG. Adesign, Ilrn -IE Ihlbgt A IPage 1 of I
WA11,11111A
COMPENSATION SCHEDULE
2491073.1
Consulting Services Agreement between November 18, 2015
City of Dublin and PGAdesign, Inc.--Exhibit B Page 1 of 2
11::1101, JOk,cl ;' IS VIII1 IIII "ll
MOUTAMEMEMINNEIM
E. I pensa- din Rates
a
IPlrii lmcil jpMI
175
5ei niioir Landscape Architect
140 - '150
IL indsca,r)e AIrdrlhitect
$135-140
Teclhflinic.ilarn/C ID
$115.11120
IIrrigaUorn IDeMg n lr
$140
Adimllmiistratiio n
$ 80,
I11II1KII III, YE: E'. Ilh ulll Ip ", UIIE,TIpN' IIf:'IIII IIIIE IIE: ?JIC::III" �
IPlrlinclilp Il
$200
AsocWe IErngillrneeir
$140
.tl ssodate IDesIl Inn Ir
130
IDICY
110
Business Coordinator
1015
Mloird P'Iroc saor/ lelrlicall Suppoirt
95
IErngIllm ee rlllin g'Te cIrniclla n s
1019
Diraftslnmalrn
$ 93
Word IP'Irocessoir
$ 63
Clerical
44
One-In ainn
145
Two- Irrnain
$ 215
'n lree -Inma lm
a 284
IHydro raplInk IDay Rate
$3,100
IPil n c 11 pa 1l .4 n .-C Ina irge
$ 155
ILaind Surveyor
'13.5
Snsury y'Tech n 11ciDinl
$ 97
A utdTCAD/DlrafteIr
$ '100
lliii' II (I III " "IIE °'' IIEE 'T'E:.. :lCl "'IE IMh IE,,, III...''.III '� III III IIE IIF'lll '
IPirlin`ncilp II
$196
Se in oir IPIrQ fess loin a1l
$1175
PIro.ject IPlrofesslB halo I 11
$1155
IPIro.ject IPIro fessioina ll
12
Staff Professional
5103
Seilsm,iicGis 10
$155
'ils Sp ciiahst
91
Cad
$ '79
IPIroJecC adirmi1i n1stiratoir
$ 69
Adinnfinis-tiradve Assistant
S
Field susulpelrvilsor
125
GIrouuulp 11 a S 1pec ell IIIms1pectsnlr
102
G iro u 1p 2u S 1pec ilall Illmslpectolr
$ 9
Iro u 1p 3,' e nq I ine e d in 9 Terlh inicilalm
S 9
v
4
CL
�y
.I?_3^
-
g
r
Q
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4-P
FPIION aoan _ $
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e doo,
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100%
A a, Wa a, Rz v
ri ,o
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+i it . � � •�•� •° �1 - - - -•• e. '•� • ••ry�i►���t
�•a� •fir • .- ! e - •as i• = ` 4o��e
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r r r r r r r r r r r r r r r r r r r r r i r r r r w AM Ab AM r 10. Ab A& rAAk A& !. IS