HomeMy WebLinkAbout4.09 Task Order Agreement Pakpour Consulting Group ,�Ot Di74
19' �'2 STAFF REPORT CITY CLERK
\e CITY COUNCIL NCIL File #600-30
DATE: June 21, 2016
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Approval of Task Order with Pakpour Consulting Group, Inc. for Project
Management Services
Prepared by Meghan Tiernan, Facilities Development Manager
•
EXECUTIVE SUMMARY:
The 2014-2019 Capital Improvement Program identifies two park improvement projects - Fallon
Sports Park Phase 2 (CIP No. PK0414) and Jordan Ranch Neighborhood Park (CIP No.
PK0515). These two CIP projects require project management staff for the construction phase.
Staff is proposing approval of a task order with Pakpour Consulting Group, Inc., under an
existing on-call consulting services contract, for project management services on Fallon Sports
Park Phase 2 and Jordan Ranch Neighborhood Park.
FINANCIAL IMPACT:
Pakpour Consulting Group has an on-call consulting services agreement with the City of Dublin
to provide engineering services including project management. Staff is proposing to add a task
order to the firm's contract to provide project management services for the construction phase of
both Fallon Sports Park — Phase 2 (CIP No. PK0414) and Jordan Ranch Neighborhood Park
(CIP No. PK0515). The proposed scope of work is based on time and materials not-to-exceed
$110,565 for the Fallon Sports Park — Phase 2 project and $62,790 for Jordan Ranch
Neighborhood Park project. There are sufficient funds budgeted in both projects to cover this
scope of work.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving the Task Order with
Pakpour Consulting Group, Inc.
' ubmitte By \ Reviewed By
Public Works Director Assistant City Manager
DESCRIPTION:
Staff is proposing approval of a task order for consulting services to provide project
management staff for two CIP projects currently in the construction phase. The current City
Page 1 of 2 ITEM NO 4.9
Ve_i
project management staffing requires augmentation in order to maintain current project
schedules.
On July 1, 2014, the City Council approved a consultant services agreement with Pakpour
Consulting Group, Inc. for on -call engineering services. On June 7, 2016 City Council approved
an amendment to the agreement extending services until June 30, 2018. Pakpour Consulting
Group has qualified staff available to provide project management services for the construction
phase of public improvement projects. Staff is seeking approval of a task order for project
management services during the construction phase of two CIP projects — Fallon Sports Park —
Phase 2 (CIP No. PK0414) and Jordan Ranch Neighborhood Park (CIP No. PK0514).
Fallon Sports Park — Phase 2 Project
On April 5, 2016, the City Council approved award of a construction contract to Robert A.
Bothman Construction for the Fallon Sports Park — Phase 2 Project. Construction has begun
and is anticipated to be complete in Fall 2017.
Jordan Ranch Neighborhood Park Project
On November 17, 2015, the City Council approved an improvement agreement with BJP -ROF
Jordan Ranch, LLC to construct the 4.99 -acre Jordan Ranch Neighborhood Park. Construction
has begun and is anticipated to be complete in Spring 2017.
Consulting services under this proposed task order are based on a time and materials not -to-
exceed $110,565 for the Fallon Sports Park — Phase 2 project and $62,790 for Jordan Ranch
Neighborhood Park project (Exhibit A).
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of the staff report was sent to Pakpour Consulting Group, Inc.
ATTACHMENTS: 1. Resolution
2. Exhibit A to Resolution
3. Original Agreement
4. Amendment to Agreement
Page 2 of 2
RESOLUTION NO. XX - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
APPROVING A TASK ORDER WITH PAKPOUR CONSULTING GROUP, INC.
FOR PROJECT MANAGEMENT SERVICES
WHEREAS, on June 7, 2016, the City Council approved an amendment to the consultant
services agreement with Pakpour Consulting Group, Inc. for on -call engineering services; and
WHEREAS, the City desires to hire a consultant qualified and experienced in providing
project management for construction projects; and
WHEREAS, Pakpour Consulting Group, Inc. has the demonstrated ability to perform the
project management services; and
WHEREAS, Pakpour Consulting Group, Inc. is available to perform the work specified;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby approve a Task Order with Pakpour Consulting Group, Inc. for project
management services for the Fallon Sports Park — Phase 2 and Jordan Ranch Neighborhood
Park Projects, attached as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Purchase Orders for said Task Order.
PASSED, APPROVED AND ADOPTED this 21st day of June, 2016, by the following
vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
ATTACHMENT 1
�
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EXHIBIT A TO RESOLUTION
June 21, 2016
Joubin Pakpour
Pakpour Consulting Group, Inc.
5775 Stoneridge Mall Road, Suite 320
Pleasanton, CA 94588
RE: Task Order #1 between the City of Dublin and Pakpour Consulting Group
Mr. Pakpour:
Effective today, this letter shall serve as written authorization for Task Order #1 to
provide project management services on Fallon Sports Park Phase 2 and Jordan
Ranch Neighborhood Park to the City of Dublin. Work shall be completed under the
On -Call Agreement between Pakpour Consulting Group and the Facilities
Development Division of the Department of Public Works. The term for Task Order #1
coincides with the term of the amended on -call agreement. 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 $173,355, based on the
attached proposals from Pakpour Consulting Group, dated April 22, 2016. Work is to
be completed as stated in this proposal. A breakdown of work by project authorized to
date under this agreement is as follows:
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Date
Authorized Representative (Signature)
Task Order #1 for On -Call Engineering Services Agreement
Project
Number
Amount
Authorized
Fallon Sports Park — Phase 2
pk0414
$ 110,565
Jordan Ranch Neighborhood Park
pk0514
$ 62,790
Task Order #1 Total
1 $ 173,355
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Date
Authorized Representative (Signature)
xxxxx;xx„ X (ol c Marc l )
Upon agreement by both City and Pakpour Consulting Group, any substantive
city OUMIC i
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
0ty Manager
this document. All other terms and conditions of the agreement which this task order
is issued from shall remain in full force and effect.
Comol itinit y Dieniel0pinient
If you have any questions or need additional information, please contact Meghan
111�Rcc wnotni'
Tiernan, Facilities Development Manager, at (925) 556 -4510 or via email, respectively,
8 ,(.� i,,. ,0
at: Meghan.Tiernan @dublin.ca.gov
Finance/1111"
92S (3
Best Regards,
1 -ire Pirfw µbon
14wrmn lll't souiurces
Meghan Tiernan
9 , 18, 3 3, 6, 60"',
Facilities Development Manager
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Pakpour Consulting Group, INc.
Authorized Representative (Print)
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Title
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Date
Authorized Representative (Signature)
April 22, 2016
Meghan Tiernan
Facility Development Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject: Proposal to Provide Project Management Services
Fallon Sports Park.,. Phase 2 (Pl(-0414)
Dear Ms. Tiernan,
10,027.13
Thank you for meeting with us on April 18, 2016 to discuss your project management needs for this
project. Based on our meeting and the scope of work detailed below, we prepared this proposal which
allocates up to 15 hour's of Lorin Jensen's time per week to this project.
,Project information
Description: 19.75-acre Community Park
Construction: May 2016- June 2017 (54 weeks)
Construction Budget: $13,858,500
General Contractor: Robert A. Bothman, IInc.
Scope of Work
Become familiar with the Fallon, Sports Park — Phase 2 Project (review plans & specs, meet with City
staff and consultants, site visits)
a, Coordinate project activities to ensure, project progresses on schedule and within the prescribed
budget.
a Act as liaison between the City and consultants and coordinate the work of consultants (landscape
architects, geotechnicail engineers, special inspectors)
Communicate early and often with the Facilities Development Manager and provide regular weekly
project progress updates.
Maintain records as directed by City staff and prepare reports. Respond to inquiries regarding the
status of projects. Develop and disseminate informational materials, as needed.
® Represent City at construction progress meetings to ensure construction is in compliance with City
plans and specifications,,
—J 5776 Stonerldge Mall Road, Suite 320, Pleasanton, CA 94588
(925) 224-7717 ♦ FAX (925) 224-7726 41 www,pcgengr.com
Exhibit A to Resolution - Page 2 of 5
/eI oq oN I )IJ I It Ce I t if iod
a Attend weekly I-on-1 (or as-needed) meetings with the Facilities Development Manager,
0 Attend monthly City Manager CIP update meetings.
m Attend meetings with City staff, asneeded.
0 Prepare, draft staff reports, as needed,
p Provide administrative and! technical support to the Facilities Development Manager.
Budge
We propose a time and materials budget for an average of 15 hours per week for 54 weeks, We will only
bill fmr Lorin's actual time spent on the project. The billing rata and direct cost multiplier used for this
proposo] one from our 2014on-call engineering contract.
Lorin Jensen, P.E.-54 weeks x15 hours per week x$I301 per hour $105300.00
Direct Cost Multiplier 5%, covers all direct expenses $5,2{65.0}
TotaL $110,565.010
Thank you once again for considering Pakpour Consulting Group for this project. Should you have any
questions please do not hesitate to contact me at (925) 224-7717.
Very truly yours,
Group, Inc.
Principal Engineer
J^Prwect*nubIIn'mp77,nmt3-Fam"Sports Pam Sports Park Pr"posala="
Exhibit /\|oResolution Page 3o[5
22, 201G � � 2mm -p�m�-Proposa8to Provide Project Management for Fallon Sportsnark- /haseu
April 22,2016
MeghamTiemnam
Facility DeveUmpmeotManager
City ofDublin
1OO Civic Plaza
Dublin, CA, 94568
Subject: Proposal ha Provide Project Management Services
Jordan Ranch Park (Pl(-0514)
Dear Ms. Tiernan,
Thank you for meeting with ma on April 18 2016 to discuss your project management needs for this
project. Based on our meeting and the scope of work detailed beiow, we prepared this proposal which
allocates, mpto10 hours of Lorin Jemsem's time per week to, this project.
Project Information
Description: 5.0-acre Neighborhood Pork
Construction,: May 2016 March 2Q17(46weeks)
Construction Budget: $1,600,000
General Contractor: Goodfellow Top Grade Construction
Scope of Work
r Become familiar with the Jordan Rank Park Project (review plans & specs, meet with City staff and
consultants, site visits)
° Coordinate project activities to ensure project progresses on schedule and within the prescribed
budget.
0 Act as a liaison between the City and consultants and coordinate the work of consultants (landscape
architects, geotechn,ical engineers, special inspectors)
w Communicate early and often with the Facilities Development Manager and provide weekly reguiar
project progress updates.
0 Maintain records as directed bv City staff and prepare mepprts. Respond to inquiries regarding the
status ofprojects. Develop and disseminate informational materials, as needed.
0 Represent City at construction progress meetings to ensure construction is in connp�iancevvith City
plans and specifications.
Exhibit AwResolution Page 4o[5
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a Attend weekly I-on-1 (or as-needed) meetings with the Facilities Development Manager,
* Attendnnmmthly City Manager CKP update meetings.
a Attend meetings with City staff, as needed.
a Prepare draft staff reports, as needed.
0 Provide administrative and technical support to the Facilities Development Manager.
Budge
We propose o time and materials budget for nm average of 10 hours per week for 46weeks. We will only
bill for Lorim's actual time spent on the project. The b|Uimg rate and direct cost multiplier used for this
proposal are from our 2014 on-call engineering contract.
Lorin Jensen, P.E.-46 weeks 10 hours per week x$13Q per hour $59800.08
Direct Cost Multiplier 5%, covers a 11 direct expenses
Total: $62,790.00
Thank you once again for considering Pokpour Consulting Group for this pruject. Should you h�aive any
questions please do not hesitate to contact mnnt(925) 2Z4-7717.
Very truly yours,
Group, Inc.
Principal Engineer
'�\Pw°*m°m"'10uoomm-Jo.an Ranch Park Ranch Park *"pnsaLd"cx
Exhibit /\*Resolution Page 5o[5
Aprill 22, 201 - pagmz
B��
Tie mnn -Pro pvsa/x, Provide Project Management for Jordan Ranch Park E�L
X
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PAKPOUR CONSULTING GROUP, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ('City') and
Pakpour Consulting Group, Inc.,rConsultant") as of July 1, 2014,
Sectlon I. 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 June 80, 2016, the bale of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged In the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first -class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1,3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of ser'vices 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 for services outlined in Exhibit A
in accordance with'the hourly rate schedule attached hereto as Exhibit 8. In the event of a conflict between
this Agreement and Consultant's proposal, 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 spec €fled 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 June 17, 2014
City of Dublin and Pakpour Consulting Group, Inc. Page 1 of 18
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 beneN 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 lnvolces. 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 IF nal Pair en . 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 additlonal 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 additlonal 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 (ask or for the entire Agreement,
Consulting Services Agreement between June 17, 2014
City of Dublin and Pakpour Consulting Group, inc. Page 2 of 18
f
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment,
2.5 Hourly l=ees. l=ees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to City. 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 fogs
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.
2.14 Rate Adjustments. Corsultant will be entitled to an annual rate adjustment upon each
annual anniversary of this Agreement, the amount of said increase to be approved by the
City, The base for computing the adjustment shall be the Consumer Price Index for Urban
Wage Earners for the San Francisco - Oakland Bay Area published by the U.S. Department
of Labor, Bureau of Labor Statistics (Index) which is published for the year ending In
December. If the Index has increased over the Index for the prior year, the rates for the
following year shall be established by multiplying the rates for the current year by a
fraction, the numerator of which is the Renewal Index and the denominator of which is the
Index for the preceding year. In no case shall the adjusted rates be less than the initial
rates as set forth in Exhibit B. A sample calculation is set forth below. The Public Works
Director shall calculate the adjusted rate on each anniversary date of this agreement and
shall provide notice to Consultant of such new rates.
SAMPLE CALCULATION: (Using 1% index increase as,an example)
HOURLY CHARGE RATE $150.001hr
INDEX INCREASE (Assuming 1%) 154 x.01 = 4.50 1,501hr
$151.501hr
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
Consulting Services Agreement between June 17, 2014
City of Dublin and Pakpour Consulting Group, Inc. Page 3 of 18
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 shah City be obligated to furnish any facility that may involve
Incurring any direct expense, including but not limited to computer, long- distance telephone or ether
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 suph
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 ail 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 COLLARS ($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.
42 Commercial General and Automobile Llablilty insurance,
4.2.9 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)
Consulting Services Agreement between dune 17, 2014
City of Dublin and Pakpour Consulting Group; Inc. Page 4 of 18
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.
422 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.11188) or Insurance Services Office form number GL 0002 (ed. V73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad f=orm Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed.12190) Code 8 and 9 rany auto "). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shah 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
tailed 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.
Consulting Services Agreement between June 17, 2014
City of Dublln and Pakpour Consulting Group, Inc. Page 5 of 18
e, An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by cent €Tied 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 worst 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)
days' prior written notice by certified mall, return receipt requested, has been given
to the City,
4.3.3 The policy must contain a crass liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a cla €ms -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.
Consulting SerAces Agreement between
City of Dublin and Pakpour Consulting Group, Inc.
une 17, 2014
Page 6 of 18
4.4 All Policies Requirements.
4.4.9 Acceptability of Ensurers. 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 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,
Curing 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.
4,4.5 Notice of Reduction in Coverane. 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 falls 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
Consulting Services Agreement between June 47, 2444
City of Dublin and Pakpour Consulting Croup, Inc. Page 7 of 18
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 demons #rakes compliance with the requirements hereof; and/or
■ Terminate [his Agreement.
Section 5, INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
Indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and'volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in
whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work, The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life,
damage to property, or violation of law arises wholly from the negligence or willful misconduct of the
City or its officers, 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
cerlificates 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 PIERS 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 Qqntractor. 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,
Consulting Services Agreement between June 17, 2494
City of Dublin and Pakpour Consulting Group;:fnc. Page 8 of 18
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 andlor 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.
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 Opportunily. 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, maritai 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
Consulting Services Agreement between .tune 17, 2014
City of Dublin and Pakpour Consulting Group, Inc. Page 9 of 18
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 Terminairign, City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days' wrilten notice to City and
shall include In such notice the reasons for cancellation.
fn 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
provislons of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement,
Consulting Services Agreement between ,tune 17, 2014
City of Dublin and Pakpour Consulting Group, 'Inc. Page 10 of 18
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 [his 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 91 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, unlit
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 Qf 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.
Consulting Services Agreement between June 17, 2014
City of Dublin and Pakpour Consulting Group, Inc. Page 111 of 18
Section Jig MlSt;ELLgi4E0li52ROVISIONS.
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 Venus. 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 Northam District of California.
10.3 Severabllity. 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 Breech. 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 83000 of 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 ef.seq., the entire Agreement is void and Consu #cant will not be
Consulting Services Agreement between June 17, 2014
City of Dublin and Pakpour Consulting Group, Inc, Page 12 of 18
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 § 9090 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 the Public Works
Director ("Contract Administrator"). All correspondence shall be directed to or through the
Contract Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to: Joubin Pakpour, President
Pakpour Consulting Group, Inc,
5776 5toneridge Mall ltd, #320
Pleasanton CA 94588
Any written notice to City shall be sent to: Gary Huisingh, Public Works Director
City. of Dublin Public Works
440 UVIC Pima
Dublin CA 94668
10,11
Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design spdcifications, and each page of
construction drawings shall be stamped /sealed and signed by the licensed professional
responsible for the reporfldesign preparation, The stamp /seal shall be in a block entitled
uSeal and Signature of Registered Professional with report/design responsibility," as in the
following example.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and Including the compensation schedule attached
hereto and incorporated herein as Exhibit B, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Consulting Services Agreement between June 17, 2014
City of Dublin and Pakpour Consulting Group, Inc. Page 13 of 18
CITY OF DUBLIN
� xz /" 4
Christopher L. Foss, City Manager
Attest:
L.�
Caroline Soto, City Clerk
Approved as to Form:
Johnfakker, City Attorney
G: ICON SULTAHTS1PakpouMI4 .1$1PekpourAgntEoglneedrng 5erVim.dx
PAKPOUR CONSULTING GROUP, INC.
Joubin o r, President
Consulting Services Agreement between June 17, 2094
City of Dublin and Pakpour Consulting Group, Inc. Page 14 of 18
EXHIBIT A
SCOPE OF SERVICES
ON -CALL ENGINEERING SERVICES
The scope of service under this on -call engineering services agreement includes the following:
Civil Desl nlPro ect Mena amen
1. Assist the City in managing small to medium -sized Capital projects including the
preparation of staff reports, engineering studies, project planning and coordination with
other agencies and utilities.
2. Assist the City in acquiring the necessary approvals from Caltrans Local Assistance
DIvision on federally- funded projects including preparation of forms and documents to
acquire the project E -76 approval to construct, and/or other funding agencies including the
Alameda County Transportation Commission and Metropolitan Transportation
Commission.
3. Assist the City in managing consultant work including signing, traffic handling and stage
construction, landscaping, utility undergrounding, irrigation and roadway lighting,
4. Assist the City in managing the construction of small to medium -sized projects including
advertisement of projects, response to request for information, review of bids, award of
contract, project accounting, and closeout.
5. Perform Topographic Survey for the design of capital projects.
6. Perform Utility Research and coordination with Utility companies.
7. Perform Base Mapping of capital projects,
B. Prepare baseline project design schedule using critical path method and update schedule
as necessary.
S. Prepare all necessary project environmental documents or manage environmental sub -
consultants work and implement the environmental mitigation measures in the design of
the project.
10. Prepare application for and assist the Cily obtain the necessary permits and approvals
from appropriate agencies.
11. Perform or manage sub - consultants in the preparation of geotechnical services required
on the project including determination of soil "R" values, pavement structural section, and
other required soil characteristics for design of structures,
12. Prepare preliminary design of projects and alternative design studies, as required,
13. Perform right -of -way engineering including right -of -way base map, exhibits, plats and
descriptlons.
14. As necessary, manage sub- consultants' work in preparing appraisal reports and right -of-
way acquisition.
Consulting Services Agreement between ,tune 17, 2014
City of Dublin and Pakpour Consulting Group, Inc. Page 15 of 18
15. Perform project design at the 35 %, 65 %, 95 1A and 100% levels including cost estimates,
as required by the City.
16. Prepare Storm Water Quality and Erosion Control plans in compliance with the latest
requirements of the California Regional Water Control Board, San Francisco Bay Area
ti
region,
17. Prepare final engineering cost estimates and contract bid documents based on the latest
bid item unit costs, Caltrans 2010 Specifications and Standard Plans, and federal
requirements on federally - funded projects.
18, Provide design support services during construction and prepare final record of drawings
based on as -built drawings provided by the City,
flav�lo�menf Review
1, Serve as engineering project manager and primary engineering reviewer for a wide variety
of land development, subdivision and building permit applications.
2. Act as an extension of City staff, protecting the interests of the Clty and its residents
throughout the life of each development project
3. Review and manage multiple land development, subdivision and building permit
applications from initial planning entitlement through improvement plan and final map
approval, construction and final sign -off of improvements.
4. Review various planning entitlement applications such as Tentative Maps, Site
Development Reviews and Conditional Use Permits.
5. Develop conditions of approval.
6. Review parcel maps, final maps, tract improvement plans, grading plans, street
improvement plans, plot plans and building permit plans for conformance with published
City and State regulations and engineering standards of practice, including ADA and
accessibility requirements.
7. Review plans for conformance with the requirements of the RWQCB NDPES Municipal
Regional Permit (MRP), including but not limited to:
L Low impact development.
ii. Source control.
iii. Design of storm water treatment measures and sizing calculations.
iv. Hydromodification standards and the use of BAHM software to both design and
review detention and metering devices.
v. Trash capture.
8. Work collaboratively with Public Works staff and other City departments such as Planning,
Building, Fire and Environmental Services during the review process.
9.. Coordinate the review and approval process with outside agencies such as Dublin San
Ramon Services District, Zone 7 and Alameda County.
10, Correspond directly with applicants and their design teams.
Consulting Services Agreement between June 17, 2014
City of Dublin and Pakpour Consulting Group, Inc. Page 16 of 18
11. Attend meetings with applicants and staff and conduct various other duties at City Hall in
order to efficiently coordinate project reviews with City staff.
12. Write memorandums summarizing plan review comments for transmittal to the applicant.
13. Write staff reports for City Council meetings.
14. Preparation of agreements including long term encroachment agreements, stormwater
operations & maintenance agreements and subdivision improvement agreements,
15. Administration of surety bonds associated with various agreements,
16. Preparatlon of grant deed and grant of easement documents and review of associated plat
maps and legal descriptions,
17. Perform field inspections of projects under construction.
Consulting Services Agreement between dune 17, 2014
City of Dublin and Pakpour Consulting Group, Inc. Page 17 of 18
EXHIBIT 8
COMPENSATION SCHEDULE
City shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s) entitled, "Organization Chart and Billing Rates," attached hereto.
Consulting Services Agreement between June 1 T, 2014
City of ❑ubiin and Pakpour Consulting Group, Inc. Page 18 of 18
w
Proposals for
r
On -Call Engineering Services — Civil Design and Project Management t9 I -
�
Organization Chart and Billing Rates
MR,
Design Team
Gary Ushiro, P.E., QSP /D
Senior Engineer
Kurt Wurnitsch, P.E., QSP /D
Senior Engineer
Brandon Laurie, P.E.
Project Engineer
Victor Fung, E.I.T.
Project Engineer
Feraydoon Fars!, E.I.T.
Project Engineer
Billing Rates
Project Manager
Joubin Pakpour, P.E.
Principal Engineer
Principal Engineer
$140 / hour
Senior Engineer
$130 / hour
Project Engineer
$120 / hour
Engineering Technician
$100 / hour
Quality Control
Phil Harris, P.E.
Principal Engineer
Surveyor — Guida Surveying
Pokpour Consulting Group bills reimbursable and direct costs at a rate of 5% of labor cost. No
separate charges will appear for mileage, copies, faxes, plots, etc. We do not mark up our sub
consultants invoices.
7 RiE
Pakrwur{:omt ng LirvxlEs, JKK.
r'
Proposals for
On-Call Engineering Services — Development Review
Organization Chart and Billing Rates
V
Project Manager
Gary Ushiro, P.E., QSP /D
Senior Engineer
Development Review Team
Kurt Wurnitsch, P.E., QSP /D
Senior Engineer
•.wrLx�iei trw!•n;.
Faribora Heydari, E.I.T.
Project Engineer
Billing Rates
Senior Engineer $130 / hour
Project Engineer $120 / hour
Pokpour Consulting Group bills reimbursable and direct costs at a rate of 5°% of labor cost. No
separate charges will appear for mileage, copies, faxes, plots, etc. We do not mark up our sub
consultants invoices.
7 E W,
II AV" CunvA r% Group. Utz:.
AIMEN111[)IMENT #1 TO COINSW TING SE111:RVICIES AGIR111: IIE1110111: INT I BETWE IN
'TIHIE cit ry OF DUIB11I I .INID IPAIKPOUR CONSM DING GROW:'
WI11111::::::IRIEAS, oin,.Julyl, 2014, the Cft y of I1' .)l (hereinafteir referred to as
"Cl 1l Y") and Il::)A,K11:::110U11::R C'ONSW I IING GROUP (herefiria-ft(,ir refeirr ' to as
u ' INSUI I AIN 1I entered in-to a Consuldrig Sev vices Agreeinnentfor Clivfll Desugn and
fteir
ProjecA Management, and Development R(...,�ivew engineering seTvites (Ihereina
refi ::.rred to as the F")i and
WHEREAS, the exisfing AG11REEMEIN'l Ihas a bA10 yearterm, expliring on
June 301, 2016; and
WH111:..:..:.1::,?IEAS, the U FY and CONSU11 TAIN r now welsh to arum m.] the
Agireernenitto extc�md thetwo year term, arnend invoirling terms and -to amend coinflict of
interc....,svt language.
IN OW T111-i IR IE IF 0 IR for good and valuable u.-misideration, the suffideincy
of mihic[,ii is, hereby acknomileft Nrt ft:..� AGIRBEIMEIN I is aim(:.Md(:NJ as folll ows::
1) Section 1.1 1I enTi of Services. s1haH be re..,.<:zlnded in ill eridretV and replaced with
.........................................................................................
the folloMing:
I einim of Seirvilices 1� heterm of this Agreeiment shall begin oin the date
..............
first noted albove av i(J shall end oni June 30, 2018, the date of complefion
speci-fied in - E I - h - i b .. l� - t A . and Consultant s1hall coirrijpk:..�t(:..� the mtork, described in
E xJbilbit A pidoir to that date., unless -the tern of the Agreement is othenmise
... .... ......
terminated or extended, as provided for- fin Se.;,;ctlori 1"he flime prmdded -to
Consultant to conriplete -the senkes reqi..dred lby t1his Agreement shafl inat
affe(:,f. the C'1ty"s right t() teriminate the Agreement, as provided for fin
Section 8,
2) Section 2.1 111.3v gl..gg s. shafll be rescinded iiru its enfirety and Ir elplaced With -tlh(:..,
folkmirlgs
2 1 III.n v o 11 ae a,, Consultant. u afl submit linvoices, rilict moire often 0m in once a
rnoin-th during the k".�irnri of t1his Agreement, based on the cost for serviu.'s
performed and rc..mwiimbursalble costs l ncurred Ipriior to the invoice date. INN
individual pefforminq work l..jindeir tINs Contract 1hall The Iran ore t.1h,,..a.n 2,000
Ih(-.)urs in afiSCW YE.w air unless approved, iirm wrifing, by the iit If anage-ir or
Ihi,.: (-.h.-.,sgnee. finvolce,,-.z, s1hall co main the folk.ming informatiom:
Serlall kA:mfificatlons of progrc...wss Ibiilll s; ii.. e,., Progress IBillll No. 1 for.
the fi irst i in vo ice, etc.
1 Ihe lb(:. giiinnil'ng and endling dates of the Ibillfiin g peiriod,
Airneiridirneilitfl To Coilisl..J�ta lilt 'kalw1cra'S Agrpmarl(...irlt ei ii
City of Flulbhni airid IPAIKIPOIUR COINSU11 TING GIRROUIP
3)1 Pla it ira p Ih 10 7 Q.o n-fl i cf. of I irrterest s ha Ill The res ci inded ii n iIs ent Bret y aired' it elp aced
milith the full ming:
Consultant slhaH nan t. eimploy ainy City officiall lin the work performed
pursuant -to this Agreement. No officeir or eimployee of City shaH Ihave any'
fiinairu ciW interest iin t1his Agreement that WDUld vWate Cah-forinia
G ov irruim rnA Code Secti on s 1090 et seq.
A nne indiment #1 "To C WSU]Itant Sery ices Agreem e nt between
City of IDu fain aind PAIKPOUIR CONSULTING GROUP
IIMA,Y20-16�'DP�NIIMC��AiVIEIRSIOIW,I
L.mdeirstainds t1hat, if this Agreement is innade iin viollatloin of Goveriniment
Cade § 1090 sit. seq., t he e in'fi re Ag reennent i s vo id a Ind Con s u 1-tant w 11l� I in ut
be emlUed h) any compensation for- serviices, perforrineid pidirsuaint Withis
Agreeimeint, hricludling reimbursement of expenses, aind Coinsi.Atant mAll' lbie
requred to reirnbuirse the City,for ainiy suinns, 1paid to the Coin%u,.jltant.
Consulant understands tha-t, in addifion V::) -the fi::)ir(: li ii[j, lt it nay The subject
to cri rin i in a I pr sec So n 6o r a v b I ah an of G ove rini inneint. Code § 1090 sine, if
apphicaUt SAMI be disqualified from hokliln Ipuubliic fic e iin the State of
CaHfonnla..
Pliriinc-;ipahs and those perkwnniing work, -foir City of Di..jiblirl gl..o y be r&::juiired -to
subimit a Califoirini a f:::4r 11:::1olitical Prechices Cannimissioini (1:::::PIP(,) Form 700.
Statement of ll:: coinoiimic Ilnt erests cun'n enrtin Ipoteintii al f[i minclial conflicts
(:A iint.E.,,,rest.. For addlonW irloiri-na-tioin, Ipr olposeirs shm.,ild refer tothe f:::IPII::::lC
webske at
4) Except to the exteint inconlatent with t1his First Amendinrient., the 1:::lairtles Ir atify aind
confirm afl of the teinims and o onditions of the AGIRJEIEMI[:: II q
F .
0 c 0 1 n S.. iFt. I.., ii I
CRy of Dubb and IFIAXPOILIR COINN!!;Llll TING GROLPIP
IM AY 2 01 161 ID, Fl lAf/N C IMME RS 1101 IT'll
III W! MESS Wl 11:2AREOF, thle Ipaiftu le IIileir letic) Ih ame causled th[s First Arnl(-,,imdiiTieint
to be exelautield as of the datle. anid year first atmvle wirlttieiii.
CITY OF IDU11311 IIIN
Caroline Soto, City Clerk
0
A inn e ndinneirit #1 (.:u ( . ',arisuftant Servic.,es Agreement lbetmleeiri
City of Di..A.)Ilrii wind PAIKPOUR CONSULTING GROUP
IMAY 20161DI.P�N INCINI lll:..:.IRSIIONI