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HomeMy WebLinkAboutItem 4.06 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����� ~ ��� m ��� � 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 a rL Y 4-P FPIION aoan _ $ LU e doo, •f'•L • 100% A a, Wa a, Rz v ri ,o � . . � �i iii .- - . • rg �'�.,, +i it . � � •�•� •° �1 - - - -•• e. '•� • ••ry�i►���t �•a� •fir • .- ! e - •as i• = ` 4o��e ii; • • • R • W....634. � r � �� �� ���' � � d Ems; 7l • v - 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