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HomeMy WebLinkAbout4.12 Contract Amendment with Dahlin Group for EGRAC .s Ot 043 `9 4 '82 STAFF REPORT CITY CLERK ���I�__z1/f COUNCIL File #600-36) R� CITY COUNCI DATE: June 21, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment to Agreement with Dahlin Group Architecture Planning for the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105) Prepared by Douglas Rooney, Parks & Facilities Development Coordinator EXECUTIVE SUMMARY: The City Council will consider a contract amendment with Dahlin Group for architectural design services for the Emerald Glen Recreation and Aquatic Complex Project (CIP No. PK0105) FINANCIAL IMPACT: As approved in the 2016-2021 Capital Improvement Program, the total budget for the Emerald Glen Recreation and Aquatic Complex Project is $43,830,945. The cost of additional services under the proposed amendment is $208,810. Sufficient funding is available in the project budget to approve the Amendment with Dahlin Group Architecture Planning. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving the Amendment to the Agreement between the City of Dublin and Dahlin Group for Additional Services for the Emerald Glen Recreation and Aquatic Complex Project (CIP No. PK0105). ti iiz,4) _' c /ii `r ///,(7l ubmitted By '\ Reviewed By Public Works Director Assistant City Manager DESCRIPTION: The City Council adopted Resolution 185-08 on October 7, 2008, approving an Agreement with Dahlin Group for architectural design services for the Emerald Glen Recreation and Aquatic Complex (Attachment 4). In 2009, due to the economic downturn, the City Council directed Staff to suspend the project. On October 16, 2012 the City Council adopted changes to the building and phasing plan for the Complex and directed Staff to re-start the project. In subsequent actions, City Council amended the Agreement with Dahlin Group three times, as shown below: Page 1 of 3 ITEM NO. 4.12 V) Item Date Scope Agreement 10/7/2008 Design services for aquatic complex Attachment 5 Amend #1 12/4/2012 Updated scope of services and restart design Attachment 6 Amend #2 7/16/2013 Updated scope based upon City Council approval of the Concept Master Plan, which included increased building size and park improvements Attachment 7 Amend #3 8/19/2014 Increased design fees to cover enhanced Natatorium roof, expansion of pool deck area, etc. Attachment 8 On February 3, 2015, the City Council approved award of the construction contract to C. Overaa & Company Construction and construction is proceeding on schedule. The proposed amendment with Dahlin Group is for additional design services required during the construction phase to address proposed changes and to update the timeframe for construction administration from the eighteen months to twenty -two months. During construction, the Natatorium roof support structure was revised from a spaceframe to a truss system to facilitate maintaining the project schedule. The support structure change necessitated additional design and coordination time by the design team. Specific additional design service tasks included in the proposed amendment are: • Natatorium Redesign Review: Extensive design review, coordination, and analysis of connections and finishes. • North Detention Basin: Preservation of a grove of large mature trees. This required the redesign and relocation of the North Detention Basin. • Revision of Water Line: Redesign of the waterline to eliminating a street crossing, associated road closures, and impact to Central Parkway. • Revision to Sanitary Sewer Line: Revision to realign the sanitary sewer line on the west side of the site. • Natatorium HVAC /ducting Revision: Redesign and review of Natatorium HVAC system due to support structure change to truss system. • Signage Redesign: Review and redesign of the facility signage. • Amphitheater Design Change: Revision to the Amphitheater area to increase program space and making use of the excess dirt on site. • Additional Electrical for Pool Storage Building: Additional electrical outlets were added to the Pool Storage Building to accommodate added refrigerators and freezers. • Scoreboard Upgrade: Revised the scoreboard to a full video scoreboard. • Door Hardware VE: Revised facility fob - systems to reduce fob - access to 3 locations. • Community Room Revision: Revised the Fitness Room to be converted to a Community Room use. • Additional Services for Construction Administration: Increase the duration of construction administration services from 18 months to 22 months to align with the 22- month construction schedule and increase the number of project meetings with the Contractor to improve processing of construction documentation. A more detailed scope of additional architectural design services is included in Exhibit A to Amendment #4, Attachment 3. NOTICING REQUIREMENTS /PUBLIC OUTREACH: A copy of the staff report was sent to Dahlin Group. Page 2 of 3 ATTACHMENTS: 1. Approving the Amendment to the Agreement between the City of Dublin and Dahlin Group for Additional Services for the Emerald Glen Recreation and Aquatic Complex Project (CIP No. PK0105) 2. Exhibit A to Resolution 3. Exhibit A to Amendment #4 4. Resolution 185 -08 5. Staff Report with Original Agreement, Oct 7, 2008 6. Approved First Contract Amendment, December 4, 2012 7. Approved Second Contract Amendment, July 16, 2013 8. Approved Third Contract Amendment, August 19, 2014 Page 3 of 3 RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND DAHLIN GROUP FOR ADDITIONAL SERVICES FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX (CIP NO. PK0105) WHEREAS, the City Council adopted Resolution 185 -08 approving an agreement with Dahlin Group on October 7, 2008 for Design Services for the Emerald Glen Recreation and Aquatic Complex; and WHEREAS, in 2009, due to economic turndown, the City Council directed Staff to suspend the project; and WHEREAS, the City Council adopted changes to the building and phasing plan for the complex and directed Staff to re -start the project on October 16, 2012; and WHEREAS, the City Council on December 4, 2012, approved an amendment to the original agreement with an updated scope of services; and WHEREAS, the City Council on July 16, 2013, approved a second amendment to the contract based on the City Council's approval of the Conceptual Plan, which increased the size of the building in the first phase and included the final phase of park improvements; and WHEREAS, the City Council on December 17, 2013, approved various expanded components of the project; and WHEREAS, the City Council on August 19, 2014 approved a third amendment to the contract based on the City Council's approval of the various expanded components of the project; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby approve the Amendment to the Agreement with Dahlin Group, attached hereto as Exhibit A, for the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105). BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment. PASSED, APPROVED AND ADOPTED this 21st day of June, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTACHMENT 1 Mayor ATTEST: City Clerk ATTACHMENT 1 EXHIBIT A TO RESOLUTION AMENDMENT #4 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DAHLIN GROUP ARCHITECTURE PLANNING THIS AMENDMENT shall modify the Agreement dated October, 7, 2008 for consulting services by and between the City of Dublin ( "City ") and Dahlin Group Architecture Planning ( "Consultant "). The date of Amendment #4 shall be June 21, 2016. In order to accommodate additional services to be provided during construction of the Emerald Glen Recreation and Aquatic Complex the Agreement shall be modified as follows: A) The first paragraph of Section 2 shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $3,397,630, (Three million and three hundred and ninety -seven thousand and six hundred and thirty dollars), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A to Amendment #4, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. B) Exhibit A -1 — Scope of Services shall be modified in accordance with the attached Requested Additional Services (Exhibit A -1) to supplement the scope of work. CITY OF DUBLIN CONSULTANT Christopher L. Foss, City Manager Gregor Markel, AIA, LEED AP, Principal Amendment #4 To Consultant Services Agreement between June 21, 2016 City of Dublin and Dahlin Group Architecture Planning EXHIBIT A to Amendment #4 Ii i Emerald Glen Aquatic Center 562.005 June 3, 2016 REQUESTED ADDITIONAL SERVICES # 03 Page 1 of CLIENT: CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 ATTENTION: Douglas Rooney Doug.rooney @ci.dublin.ca.us FROM: Gregor Markel, AIA, LEED AP Principal gregor.markel @dahlingroup.com CONTRACT DATE: December 4, 2012 SPOKE WITH: Doug Rooney RE: EMERALD GLEN AQUATIC CENTER ADDITIONAL SERVICES Dear Doug: In regards to additional services that have been requested by the City during the construction of the Aquatic Center, please find below a list of changes made and associated fees. Natatorium Redesign Review: With the redesign of the Natatorium structure, additional work required by the Design Team included: • Review and re- analyzation of Natatorium Structure loads and forces. • Revised structural footing layouts and loads. • Review and coordination of new Natatorium design. • Additional construction meetings with Natatorium Designers to coordinate structure revisions. • On -going Structural and ETFE redesign /reviews. • Per your request, we are projecting the additional anticipated work for the Design Team through the end of the project construction as a separate line item. This will include the review and possible revision of the Natatorium lighting, additional review of the HVAC ducting due to further Natatorium Structure revisions, and revision of details, curtainwall /storefront elevations, schedules and overall coordination. 2. North Detention Basin (OPR -002): The City made the decision to save the large mature trees in the portion of the existing grove that was designed to be a portion of the North Detention Basin. This revision required additional work by the Design Team, including: • Review and redesign of basin — reshape, revise flows and invert elevations, revise grades. • Coordination of new pipe elevations and basin configuration. 3. Revision of Water Line (OPR -007): In the interest of eliminating the street crossing and the associated road closures and impact to Central Parkway, the City directed the Design Team to redesign the site water line layout in order to avoid the designed road crossings at Central Parkway. Additional work required by the Design Team included: • Revision of drawings to reflect new waterline layout for domestic water and fire. • Coordination between the Civil Engineer, Overaa, and DSRSD. 5865 0,,vtea is DrI4 e -i-1.925-251 i 200 w" "RAI,DAHLANGRO dR CO EXHIBIT A to Amendment #4 Emerald Glen Aquatic Center June 3, 2016 REQUESTED ADDITIONAL SERVICES Page 2 of 4 4. Revision to Sanitary Sewer Line (OPR -007): Per the direction of the City, the Design Team revised drawings to incorporate a realignment of the sanitary sewer line on the west side of the site as a cost savings vehicle. The additional work from the Design Team included: • Revision of drawings to reflect realignment of the sanitary sewer line and recalculation of invert elevations. • Coordination of revisions between the Civil Engineer, General Contractor, and DSRSD. 5. Natatorium HVAC /ducting Revision: As a result of change in the Natatorium structural system, additional review and redesign was needed to reintegrate the HVAC ducting in the Natatorium with the new truss layout / type. The additional work from the Design Team included: • Review of alternate systems proposed by the Contractor. • Realignment of duct system. • Recalculation of air flow and acoustics. • Coordination of revisions between the Mechanical Engineer, General Contractor, and Delegated Natatorium Design Contractor. • This is an ongoing item and additional time is being tracked with Item #1 above. 6. Signage Redesign (on- going): Per Client direction, review of the facility signage has been put on hold in order for the City to re- evaluate the overall branding of the facility and park. The additional work to the Design Team included: • Meetings with the new Branding Professional hired by the City. • Review of new logos. • Additional coordination with the current Signage Consultant. • We are projecting the additional anticipated work for the Design Team through the end of the project as a separate line item. This includes possible Electrical and Structural revisions for the detailing of the revised Monument Sign once branding is resolved and the signage revised. 7. Amphitheater Design Change (OPR -25): Per Client direction, the Design Team explored options of re- grading the Amphitheater area in hopes of increasing the usable space and making use of the excess dirt on site. Although, ultimately the City chose not to move forward with the majority of the design revisions generated, the additional work to the Design Team included: • Revision of layout and grading of the Amphitheater and stage. • Recalculation of grades and dirt use. • Coordination of revisions between the Design Team members. 8. Additional Electrical for Pool Storage Building (OPR -28): Per Client request, electrical outlets were added to the Pool Storage Building to accommodate added refrigerators and freezers. The additional work from the Design Team included: • Equipment layout within the space. • Recalculation of the electrical loads for the Electrical Panel serving the Pool Storage Building. Revision to effected drawings to illustrate the changes. 9. Scoreboard Upgrade (OPR -27): Per Client request, we have revised the scoreboard to a full video scoreboard. This change required the following additional work by the Design Team: • Determination of additional requirements for the upgraded scoreboard system. • Coordination of additional conduit routing. • Coordination of revised scoreboard with Manufacturer. A R,C,I -III6 i l 11Ft,E I I'I...!" NNLNG EXHIBIT A to Amendment #4 Emerald Glen Aquatic Center June 3, 2016 REQUESTED ADDITIONAL SERVICES Page 3 of 4 10. Door Hardware VE: As a potential cost saving measure, the Client requested that all FOB systems in the project be removed, with the exception of 3 specific locations. This required the Design Team to revise the entire door hardware schedule, and resulted in additional coordination with the General Contractor to determine precise locksets and function codes. 11. Community Room Revision: During the building design process, the Community Room was revised to be a Fitness Room. During construction, the Client requested that this room be converted back to a Community Room use. This change required the following additional work from the Design Team including: • Removal of above ground raceways and wiring. • Addition and location of new televisions. • Revision of wall finish materials. 12. Additional Services for Construction Administration: The duration of construction for the Emerald Glen Aquatics Center project as initially contemplated, and then expanded by revisions to the project program and scope were for a shorter duration than finally established by the City at Bid time. Initial CA services were established for an 18 month construction duration, which has now been expanded to 22 months based on the current City contract with the General Contractor. In addition to the additional months of construction duration, the General Contractor has requested, and the City has agreed to, additional project meeting time over the remaining course of construction to address issues and assist the General Contractor in processing construction documentation as expeditiously as possible to assist the General Contractor in completion of the project work. The following additional work of the Design Team includes: • Additional construction submittals, review and processing. • Additional construction requests for information. • Additional project meetings with the General Contractor and with the City. • Additional project staffing to meet the expanded needs generated by the project. Additional Fees Summary: 1. Natatorium Redesign Review $9,500 1 a. Projected Additional Work $16,700 2. North Detention Basin $11,100 3. Revision of Water Line $2,220 4. Revision of Sanitary Sewer Line $1,750 5. Natatorium HVAC Review $5,400 6. Signage Redesign $520 6a. Projected Additional Services $6,600 7. Amphitheater Design Change $8,500 8. Electrical Addition to Pool Storage $2,000 9. Scoreboard Upgrade $1,100 10. Door Hardware VE $500 11. Community Room Revision $700 12. Additional Services for Construction Administration $142,220 TOTAL ADDITIONAL SERVICES $208,810 AF,' `11M i,l R,F I : "I ANMNG EXHIBIT A to Amendment #4 Emerald Glen Aquatic Center June 3, 2016 REQUESTED ADDITIONAL SERVICES Page 4 of 4 Should you have any questions about the above descriptions or fees, please feel free to contact me at any time. Thank you, Approved this date: CITY OF DUBLIN Gary Huisingh Public Works Director (filled in by client) END OF RAS 03 DAHLIN GROUP, INC. Gregor Markel, AIA, LEED AP Principal License #C23921 and Exp. 02/28/17 A R,C,I -III6 i l l 1 F-t,E I I'I...!" NNLNG RESOLUTION NO. 185 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING FOR ARCHITECTURAL DESIGN SERVICES FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX WHEREAS, the City of Dublin has included the Emerald Glen Recreation and Aquatic Complex in the 2008 -2013 Capital Improvement Program; and WHEREAS, the City has solicited requests for proposals for Architectural design services for the Emerald Glen Recreation and Aquatic Complex; and WHEREAS, the City received six proposals for Architectural design services, interviewed all six firms and selected Dahlin Group Architecture Planning; and WHEREAS, Dahlin Group Architecture Planning has demonstrated adequate ability to perform said Architectural design services; and WHEREAS, consultant is available to perform work as specified. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the agreement with Dahlin Group Architecture Planning, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 7th day of October 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, and Scholz and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None Mayor ATTES City Clerk Reso No. 185 -05, Adopted 10-7-08, Item 4.4 Page I of 1 �of� CITY CLERK J 11 File # ❑ © ® ®-0® 82 �L it r AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 2008 SUBJECT: Consultant Services for Emerald Glen Recreation and Aquatic Complex Design Report prepared by Paul McCreary, Assistant Director of Parks and Community Services ATTACHMENTS: 1. Resolution approving Agreement.with Dahlin Group Architecture Planning. RECOMMENDATION: Adopt Resolution. FINANCIAL STATEMENT: The total cost of services is $2,039,500 plus up to $50,000 for reimbursable expenses. Sufficient funds are available to execute the agreement. DESCRIPTION: The 2008 -2013 Capital Improvement Program includes a project to design and construct the Emerald Glen Recreation and Aquatic Complex. The project will be funded solely by impact fees charged on new development. The Fiscal Year 2008 -2009 budget includes funding to begin the design. PROJECT DESCRIPTION Phase I includes 35,895 square foot facility with a gymnasium, fitness center, game roorniteen center, group exercise /dance studio, special events room, juice bar, locker rooms, administrative offices and the spaces needed to support the swimming pools. The facility will have two swimming pools including a leisure and instructional pool (6,675 s.f.) and a 25 -meter by 25 -yard (6,150 sf) deep water competition pool. The total project budget for Phase I is $19.6 million. Phase II includes a 12,140 square foot natatorium building to enclose one of the pools constructed in Phase I to make it a year -round indoor aquatic facility. Construction of this phase is beyond the time frame of the current Capital Improvement Program and funding will need to be identified Fees in order to proceed with construction. The total estimated cost of Phase II is $6.5 million. COPY TO: Dahlin Croup Architecture Planning Page ] of 3 ITEM Na. W ARCHITECT SELECTION At the August 5, 240$ meeting, the City Council directed Staff to form an Architect Selection Committee comprised of the Vice Mayor, a representative of the Parks and Community Services Commission, the City Manager, Parks and Community Services Director, Assistant Director of Parks and Community Services, Parks and Facilities Development Manager and Recreation Supervisor for Sports and Aquatics. Staff distributed a Request for Proposals for architectural services in July 2008. Six firms submitted proposals. The firms were BSA, Carrier Johnson + Culture, Dahlin Group Architecture Planning, Field Paoli, Form4, and WLC. The Architect Selection Committee interviewed all six firms. Based on the interviews, and relevant experience and capabilities of the design teams proposed by the firms, the Selection Committee's top pick was Dahlin Group Architecture Planning. The Dahlin Group provided the City with the qualifications that were most closely suited to the City's requirements for the project. Dahlin Group Architecture is an award winning international design firm. The firm has expertise in designing recreational facilities with amenities similar to the Emerald Glen Complex, including: • C1ubSport, Pleasanton, Fremont, Oakland, San Ramon and Oregon • Renaissance C1ubSport, Walnut Creek and Aliso Viejo • Oakwood Athletic Club, Lafayette • Sun City Anthem, Henderson Nevada • Oak Park Gymnasium, Sacramento • YMCA, Alamo, Oakley and Walnut Creek • Creekside Recreation Center, Rossmoor Dahlin Group Architecture Planning also designed the new Shannon Community Center and the award winning Dublin Senior Center. Founded in 1975 Dahlin Group is lead by a management team of twelve principals and 180 professionals from offices in Pleasanton, San Francisco, Solana Beach, and Beijing, China, including architects, planners, designers, graphic artists, and computer renderers. Dahlin Group has assembled an excellent team of sub - consultants for the project. The swimming pool sub - consultant is Aquatic Design Group. They have 24 years of experience designing competition, recreation and leisure -based aquatic facilities, with representative projects from municipalities, colleges and universities, high schools, resort hotels, water parks and theme parks. The landscape architect for the project is Carducci and Associates, which was the firm responsible for the design of Phases IT and III -of Emerald Glen Park. Staff has conducted reference checks on the firm and their key sub - consultants and recommends approving an agreement with Dahlin Group. AGREEMENT AND SCOPE OF SERVICES Attachment 1 is a Resolution approving the Agreement between the City of Dublin and Dahlin Group Architecture Planning. The Consultant Services Agreement is shown as an attachment to the Resolution. Exhibit A contains a detailed scope of work and fee proposal. Following is a summary of the fee proposal. Page 2 of 3 Phase I -- Site & Program Assessment Phase it - Conceptual Alternatives Phase III - Schematic Design Phase IV - Design Development Phase V - Working Drawings SUBTOTAL Phase VI - Bidding Phase VII - Construction Administration (12 months) SUBTOTAL TOTAL FIXED FEE E.I.R. Negative Declaration Documents Theme Signage TOTAL WITH ALLOWANCES $20,000 $239,500 $342,000 $589,000 $582,000 $1,772,500 $10,000 $212,000 $222,000 $1,994,500 $25,000 allowance $20,000 allowance $2,039,500 Estimated Reimbursable Expenses (printing, binding, etc) $50,000 Additional Construction Administration Services $10,000 per month It should be noted the scope of services includes the design of the natatorium planned for Phase II only through Design Development; no construction documents will be prepared for Phase 11. The total cost of the design of the natatorium is $270,000 and is included in the fee schedule above. The public input process as contained in the scope of work includes two public input workshops to affirm the proposed program and guide the development of three conceptual designs. The scope also includes three meetings of the Parks & Community Services Commission and three meetings of the City Council to review the proposed building design at Conceptual Design, Schematic Design, and Design Development. If the Council approves the agreement with Dahlin Group design would begin in November 2008. Construction would begin in spring 2010 and be completed in time for a summer 2012 opening. RECOMMENDATION: Staff recommends the City Council adopt the Resolution approving the Agreement with Dahlin Group Architecture Planning. Page 3 of 3 RESOLUTION NO. XX -08 iI3o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING FOR ARCHITECTURAL DESIGN SERVICES FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX WHEREAS, the City of Dublin has included the Emerald Glen Recreation and Aquatic Complex in the 2008 -2013 Capital Improvement Program; and WHEREAS, the City has solicited requests for proposals for Architectural design services for the Emerald Glen Recreation and Aquatic Complex,; and WHEREAS, the City received six proposals for Architectural design services, interviewed all six firms and selected Dahlin Group Architecture Planning; and WHEREAS, Dahlin Group Architecture Planning has demonstrated adequate ability to perform said Architectural design services; and WHEREAS, consultant is available to perform work as specified; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the agreement with Dahlin Group Architecture Planning, attached hereto. PASSED, APPROVED AND ADOPTED this 7th day of October 2008. AYES: NOES: ASSENT: ABSTAIN: ATTEST: City Clerk Mayor t 71 92 ATTACHMENT 9 P X30 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DAHLIN GROUP, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and Dahlin Group, Inc. ("Consultant") as of October 7, 2008. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant. to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed, $2,089,500 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached _as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 1 of 13 31-20 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • Serial identifications of progress bills; i.e., Progress Bill No.1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Retention. City shall retain 10% from each progress payment. Upon completion of each phase of work as specified in Exhibit A, Section 24, City shall release the retention for that phase pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of the final invoice for that phase, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees, Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on Exhibit'B'. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 2 of 13 4130 2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded without the City's prior approval. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City,. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 3 of 13 not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self - insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City, by certified mail, return receipt requested, within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Furthermore, Consultant shall not on its own initiative seek a reduction in coverage or in limits from its insurer. 4.2 Commercial General and Automobile Liabllity Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 111$8) or Insurance Services Office form number GL 0002 (ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed.12/90) Code 1 ( "any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 4 of 13 630 City and its officers, employees, agents, and volunteers shall, be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self - insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. An endorsement shall state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City, by certified mail, return receipt requested, within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Furthermore, Consultant shall not on its own initiative seek a reduction in coverage or in limits from its insurer. f. For the purposes of Section 4.2.3 of this Agreement, the general contractor selected by CITY to perform the construction of the facilities designed by Consultant pursuant to Exhibit A of this Agreement, and any subcontractors engaged by the general contractor, shall not be considered agents of CITY. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self - insured retention shall not exceed $150,000 per claim. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 5 of 13 730 4.3.2 An endorsement shall state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City, by certified mail, return receipt requested, within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Furthermore, Consultant shall not on its own initiative seek a reduction in coverage or in limits from its insurer. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims -made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acce tabi I ily of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, except for the amount of Professional Liability Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 6 of 13 aaf3o Insurance required in Section 4.3 which shall be ONE MILLION DOLLARS ($1,000,000) for subcontractors. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self- Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self - insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, Its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self- insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City. at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 7 of 13 damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any applicable and non - conflicting federal, state, or municipal law or ordinance, to the extent caused, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the negligent quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises to the extent from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. For the purposes of Section 5 of this agreement, the general contractor selected by CITY to perform the construction of the facilities designed by Consultant pursuant to Exhibit A of this Agreement, and any subcontractors engaged by the general contractor, shall not be considered agents of CITY. Section 6. STATUS OF CONSULTANT. 6,1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the manner and means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and /or employee contributions for PERS benefits. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 8 of 13 j�Dn , 30 6.2 Consultant No Agent, Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Any requirements will be disclosed to the Consultant prior to execution of this Agreement. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and E ual OpportunitY. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement, Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 9 of 13 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. ' City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination. of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 ❑ tions upon Breach b y Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 10 of 13 P 13 0 8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. it is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 11 of 13 13 �P3o that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability . If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 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 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 12 of 13 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Herma Lichtenstein, Parks and Facilities Development Manager Contract Administrator'). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Karl Danielson, Vice President 5865 Owens Drive Pleasanton, CA 94588 Any written notice to City shall be sent to: Herma Lichtenstein, Parks and Facilities Development Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped /sealed and signed by the licensed professional responsible for the report/design preparation. 10.12 Integratian. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN Janet Lockhart, Mayor Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney CONSULTANT Karl Danielson, Vice President Dahlin Group, Inc. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 13 of 13 EXHIBIT .._ BIT W EMERALD GLEN RECREATION AND AQUATICS COMPLEX CONTRACT AMENDMENT 1. Project Qescftbogn: The project will provide recreation and aquatic facilities in three phases, A Conceptual Master Plan will be developed for the full project but only Phase I will be constructed at this time. The site area, recreation features, and phasing are shown on attached Exhibits Al, A2, and A3. 2. Scone of Work: The Architects Scope of Work shall be as described below: a. Con�r al Master Plan : The site will be planned far recreation and aquatic facilities including building floor plans, pool sizes and locations, landscape and hardscape concept b. P_ _hase I: Phase 1 work will provide complete Design, Construction Document, and Construction Administration services for the Swim Center 1 Natatorium, outdoor water play, and associated site work. c Phase II and Ill: Phase Il and III work will be limited to Schematic Design only for the Fitness, Gymnasium and Daycare Building, and outdoor recreation pool. No Structural Engineering will be provided. Mechanical, Electrical, Plumbing services will, be limited to sizing the capacity of onsite utilities, both wet and dry, for future connection. Site work wig be limited to rough grading and temporary drainage facilities. Landscaping will be limited to' . hydra seeding only with no irrigation. 3. Program: The Program for Recreation)Aquatic Facility shall be as follows: Phase I - Swim Center: i4 040 s.f. LobbylReception 1,500 s.f. Classroom I Spectral Events Room (dWabts) 1,500 s.f. offices 1,540 s f. Men's Locker/ Restroom 1,200 s.f Women's lockerl Restro m 1,200 s.f. Special Need Resfroc>m #1 100 s.f. Special Need Resf om 42 100 S1 Uri sex ResMoom (2) for outdoor aquatic use 150 s.f LifWard Roam 500 s.f. Ffrsf Aid Room 200 s. f. Storage 500 s.f Ckoulafion @ 20% 1.694 s.f. Pool 1Nedwkel Room 3,000 &t Pool Storage 500 &f Pool Chemical Room 400 s.f Natatorium: 13,190 81 Indoor Pool: 7,000 V. Outdoor Water Play Pool: 5,000 sf. Consulting Services Agreement between City of Dublin and Dahlin GrouVgKWb1tA Page 1 of 12 4. 5. 6. Phase II - Fitness (Schematic Only) Fitness Bu?dng. 10,689S.1 Outdoor Poot 5,000 s.f. Phase 111 - Gymnasium and Daycare (Schematic Only) 13,439 s.f. Gymnasiaum: 6, 080 s.i Day care. 5,359 s.f. Site Work: a. Site work will be lirrlted to the area within the Site Work Limb, `Exh+bk A -1'. Work beyond the site, If required, will be by separate contract. Site work will include all work associated with the buildings, swimming pools, hardscape, landscape, and parking areas. b. Site work will include a study of the potential off -haul that could be used far the future grass amphitheater adjacent to the site. If the quantity is sufficient for the amphitheater, then grading, drainage, and landscaping will be provided as part of this contract This scope of work is fisted as a separate item on the Fee Schedule until it is determined if the amphitheater is feasible. Building Description: a. The proposed Swim Center will be single -story, slab on grade, Type V, non -rated construction, with a full fire sprinkler system. The building will be designed and certified as L.E.E.D. Silver Rating. b. The Natatorium will be a pre-engineered steel structure. Prom Approval: The project will need the approval of the Dublin Parks and Community Services Commission and City Council. The Architect will limit public meetings to the following: a. Parks Commission - Conceptual Master Plan presentation. b. Parks Commission -- Phase I Schematic Design. C. City Counral - Phase 1 Schematic Design. d. City Council - Design Development presentation with interiors. 7. Prolect Meetings: The Architect has allowed for the following number of review meetings with City Staff. Additional meetings or presentations will be provided as an additional service when requested by the City. Conceptual Master Plan 3 Schematic Design 2 Design Development 3 Construction Documents 2 Consulting Services Agreement between City of Dublin and Dahlin Group-Exhib A Page 2 of 12 8. i[ in a Judget The construction budget for Phase i building shall be $9,000,000. This budget is for building construction only and does not include site work, pools, fees, pernft, basting, inspections, fum'dure, fixtures, and equipment, soli costs, or contingency for any of the above items. 9. aMigg Schedule: The preliminary project schedule is fifteen months of design and construction document preparation fopowed by the project construclion. The conbW will be end upon completion of the project close out material. 10. C M Architect will provide the faiowing consultant services for the building and site work: • Structural • Mechanical Electrical • Plumbing • Civil • Landscape • Interior design Title 24 Energy Compliance • Cost Estimator • Audo Visual • Signage • Environmental • Aquatic Performance Specs only will be provided for Fire Protection and Fire Alarm. Construction Documents for these will be provided on a design/build basis through the General Contractor. 11. Environmental Impact Review. The project will not require a full Environmental Impact Review, however a Mitigated Negative Declaration shall be prepared upon completion of the ' design development phase. The Architect will provide an allowance for an Environmental Consultant to proper the documentation. 12. GeoWnieal Engineer. The services of a Geotechnical engineer are required and will be provided by the City. a. Project Initiation. The Architect will initiate the Project, and set up a system for documerr ing the Project and organizing oommuniication. (Ij Project Kickoff Meeting. The Architect will convene a kick-off meeting, atrended by key representatives from the Cily of Dublin. The group will review and oonfirm the Project schedule. Initial assignments will be identified and communication lines will be established among Project participants. Minutes will be kept and distributed. Consulting Services Agreement between CRY of Dublin and Dahtin group- -l�xh_ R A Page 3 of 12 Meeting Schedule. The Architect WN confer with the key project participants and prepare an initial list of interviews, and meetngs to be scheduled. b. Based on the infomnation gathered in this Project initiation stage the Architect shall prepare an updated Project schedule, list of interviews and meetings, directory of Project participants and minutes of the Project kickoff and distribute these materials to Project participants. (i) Review Existing Studies. The Architect will gather and review any existing studies, reports or planning documents regarding the services and operations of the new Emerald Glen Recreation and Aquatics Complex to become familiar with any previous planning efforts and goals and objectives. (H) Review City s Guidelines. The Architect will meet with the City's Planning, Building and Public Works Staff, so that the Architect can learn of any other building code, engineering, zoning or environmental constraints on the site. The Architect will look at maximum footprint, setback, FAR and height restrictions. (iu) Review City's Green Butiding.Qrdinancae and Guidelines. The Architect will review all pertinent green building information and determine base line strategies for meeting the City's Goals for a LEER Silver rated building. Prepare an initial LEED checklist and provide feedback on feasibility. 14. Conce teal Master Dian: a. Based on the program, the Architect will prepare a Conceptual Master Plan that includes preliminary building floor plans, swimming pod sizes, shapes, and locations, and preliminary landscape and hardscape design. b. Architect will review Master Plan with City Staff and make revisions as necessary. C. With Staff approval of Conceptual Plan, Architect will prepare an illustrative site for presentation to the Parks and Community Services Commission. 15. Schematic Design: a. Based on the approved Conceptual Master Plan, the Architect shag prepare, for approval by the City, Schematic Design Documents consisting of the following: (i) Code search on the building; including meeting with representaadves of the Community Development Depanllment, Public Works Departrnent, Fire Department, DSRSD, PG&E and Alameda County Waste Management -Authority to determine relevant requirements. (il) Site Plans. (iii) Landscape Plans. Consulting Services Agreement between City of Dublin and Dahlin Group — Exhibit A Page 4 of 12 (I v) Schematic Grading, Drainage and Utility Plans. (v) Floor Plans. (vi) Exterior Elevations. (vii) Butiding Sections. (vtii) Exterior Materials Board. fix) L.E.E.D. Scorecard. (x) Solar Study. b.- Based upon the City's input the Architect will prepare presentation drawings for Parks and Community Services Commission and City Council review. This should include; site plans, landscape plans, building floor. plans, exterior elevations, primary interior elevation, and color and material selections. C. Project Cost Estimate. The Architect will provide a cost estimate at this phase. If the plans show an increase in costs, Architect should be prepared to review de gn elements that can be adjusted to bring costs in line with the Cites budget d. The Architect will present these materials to the Parks and Community Services Commission and City Council for their review and approval. 16. Design Qeveloament Phase: a. Based on the approved Schematic Design Documents and any adjustments authorized by the City in the schedule or construction budget, the Architect shall prepare, for approval by the City, Design Development Documents consisting of the following drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate or necessary to enter the construction document phase. The Architct shall coordinate and review design concepts with City maintenance personnel. (1) Building Code Analysis, (ii Site Layout Plans; [i a) Landscape and Preliminary Irrigation and Planting Plans; (iv) Grading, Drainage and Utility Plans; (v) Representative Site Details; (vi) Floor Plans; (A) Roof Plan; (vpi) Exterior Elevations; (Ix) Building Sections; (x) Representative Wall Sections and Related Details; (id) Selected Interior Elevations and Enlarged Plans; (AQ Reflected Ceiling Plans; (xii) Preliminary Door, Window and Finish Scdredgles; (xiiv) Structural Plans and Sections and Typical Details; (xv) Mechanical and Electrical Layouts;- (xvi) Outline Specifications; ConsAng Services Agreemerit between City of Dublin and.Dahlin Group - -Exhibit A Page 5 of 12 (xvii) lighting cut-sheets; (xviiij Access and Egress Plans; (xix) AudioNideo system. b. The Architect shall submit to the City a more comprehensive Design Development cost estimate based on current area, materials volume or other unit costs. The preliminary cost estimate referred to in this paragraph and any adjustments thereto shall indicate, in a level of detail satisfactory to the City, the cost of each category or work involved in construcim_ g the project. C. The work of this phase shall include the following meetings. Meet with appropriate representatives of the City of Dublin, County Agencies, DSRSD, Fish and Game, arid/or Fish and Wildlife to whom the documents will be submitted for plan check and permits. d. The Architect shall advise the City of any need or advisability of the City's securing any additional tests, analyses, studies, reports, or consultant's services in connection with the development of the design and construction documents for the project. e. The Architect will present the Design Development to the City Council for its review and approval. 17. ConAMMon Document Phase: a Based on the approved Design Development Documents and any further adjustments in the scope, quality of the project or in the construction budget authorized by the City, the Architect shall prepare, for approval by the City, Construction Documents consisting of Drawings and Technical Specifications setting forth in detail the requirements for the construction of the Project, including final fumishing and equipment selections and structural and energy calculations required by the local building authority. Said Construction Documents, Drawings and Specifications shall incorporate a cost estimate at 50% completion based on a polling of current market conditions in the specific project area Should cost be in excess of 15% of the design development estimate, Architect shall incorporate value engineering recommendations as approved by the City. The Architect shall coordinate the technical specifications with the bidding requirements, contract requirements and general conditions provided by the City. The Architect's scope of services shall be limited to technical coordination and shall not include legal advice or insurance matters. Construction drawings and specifications, or other construction documents or contract documents submitted for approval or to any contrwIlors far bidding or negotiation shall be prepared to the standard of professional care and in compliance with all applicable codes, ordinances, statutes, regulations and laws, except to the extent expressly and specifically otherwise stated in detail in wftng by Architect at the time of such submission. By submitting the same for Consulting Services Agreement between City of Dublin and Dahlin Group— hibit A Page 6 of 12 construction contract purposes, Architect confirms that AmWted has identified any reasonable test studies, analyses or reports which are necessary or advisable to be perfom-ed at that point in tine. Architect shall additionally confirm these fads in writing at such time. (ii) The Architect shall advise the City of any adjustments to estimates of Construction Cost for the project indicated by changes in requirements or general market conditions The Archited shall submit to the City updated estimates of Construction costs upon completion of the 90% construction set to be the basis for the engineers estimate. (iv) The Architect shall assist the City in connection with the City's responsibility for Ming documents for the project required for the approval of govemmental authorities having jurisdiction over the Project. This would at a minimum include a SWPP plan. LEED certification requirements, BAAQM .permits, Fish and Game, Fish and Wildlife and the Alameda County Health Department. However, the City is responsible for the payment of any costs related to the filing and processing of said documents. (v) The City shall prepare Division 0 of the project manual, a. The Architect, following the approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shag assist in the bid process. The scope of services includes the preparation of addenda which will be issued by the City. b. Architect shall provide the City a complete plot set of electronic drawing files and black and white 8% inch by 114nch Project specifications for. Architect shall also provide the City with an electronic version of the plan set drawings and Project specifications. The City will use the electronic plan set drawings and Project specifications Only for record documentation. 19. Construction Admi i 'on Phase: a. The Architect's responsibility to provide basic services for the Construction Phase under this Agreement commences with. the Notice to Proceed for Construction and terminates sixty-days (60) after final acceptance of construction. "Final acceptance as used in this paragraph shall mean the stage in the process of the Mork when the Work or designated. portion thereof is sufficiently Ornplete in accordance with the Construction Documents so the City can occupy, and accept the Watt for its intended use. b. The Architect shall provide administration of the Construction Contract as set forth in AIA Document A201, General Conditions of the Contract far Construction (2401. Edition), together with, and as amended by the [tins supplementary general conditions and other Consulting Services Agreement between City of Dublin and Dahlin GrouVExhibitA Page 7 of 12 documents included or incorporated into the Construction contract; provided, however, that whenever the provisions may be in conflict, the provisions of the City's supplementary general conditions and other documents included or incorporated into the Construction contract shag supersede the provisions set forth in A1A Document A201. C, The duties, responsibilities and limitations of authority of the Architect may be reasonably restricted, modified or extended by the City after the date of this Agreement, and if they are substantially restricted, modified or extended without written agreement of the City and Architect, them Architect's compensation shall be equitably adjusted. d. The Architect, with the concurrence of the Construction Manager, shall generally oversee and review the work for the project The Architect, with the approval of the Construction Manager, in each case, shall review the Contractor with regard to matters set forth in the Drawings and Speci cations. In addition to any specific responsibilities assigned elsewhere in the Contract Documents, the Construction Manager shall decide any and all questions which may arise as to the rate of progress of the work. The Architect shall have authority to act on behalf of the City only to the extent provided in this Agreement. e. The Architect shall visit the site at appropriate intervals to become generally familiar with the progress and quality of the work completed and to determine in general if the work is being performed in a manner indicating that when completed will be in accordance with the Contract Documents. However, the AmMect shall not be required to make exhaustive or continuous on -site observations. Architect has allowed for a total of 54 site visits. The Architect shall keep the City informed of the progress and quality of the work and shall endeavor to guard the City against defects and deficiencies in the work. The Architect shall issue written field reports of such The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or off"ons of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. g. Except as may otherwise be provided in the Contract documents or when direct communications have been specially authorized; the City, the Architect and Contractor shall communicate through the Construction Manager. The City may consult with the Architect regarding the selection and performance of the Construction Manager. Communications by and with the Architect's consultants'shall be through the Architect h. The Architect and Construction Manager shall jointly review Contwor's Applications for Payment The Construction Manager shag have the sole authority to certify and authorize payment of the amounts due the Contractor. Consulting Services Agreement between City of Dublin and Dahlin Group— ExhibitA Page 8 of 12 The'Anchitect shall notify the City regarding any work which he is aware of that does not conform to the Contract Documents. Whenever the Architect considers it rosary or advisable for implementation of the intent of the Contract Documents, the Architect shall have authority, with approval of the City, to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work is fabricated, installed or completed. However, neither ttfs authority of the Architect nor a decision made in good faith- either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. j. The Architect shall review and take appropriate action upon the Contacts submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with inforrriation given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the City, Contractor, or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and cornpleteness of other details such as dimensions and quantities, or far substantiating instructions for installation or perbormanoe of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a carnponent. k. The Architect shall review and assist the City or the Construction Manager as directed in preparing Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary, for the City's approval and execution in accordance with the Contract Documents. The Architect shall assist the Construction Manager in the inspection and review of the work to determine the date or dates of Substantial Completion and the date of final co "lion, shall receive and forward to the City for the City's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. M. Interpretations and decisions of the Architect shall be consistent with the intent- of and reasonably inferable from the Contract documents and shall be In writing or in the form of drawings. rL The Architect shall render written opinions as requested by the City within a reasonable time on all claims, disputers or other matters in question between the City and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. Consutting Services Agreement between City of Dublin and Dahlin Group— hEx ibat A Page 9 of 12, 20. Project Close Out Phase: a. The Architect will provide the City with electronic copies of all construction documents, including current! construction revisions with all notes as provided by General Contractor. b. The Architect will provide required design documentation for a LEED Silver rating. It should be anticipated that the City will be submitting to the USGBC for a formal certification. 21. Construction Cost _ a. Evaluations of the City's Project Budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architecrs best judgment as an architect familiar with the construction Industry. It is recognized, however, that neither the Architect nor the City has control over the cost of labor, materials, or equipment, over the Consultant's methods of determining hid prices, or over c VetiM bldchng, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent the bids or negotiated prices will not vary from the City's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect 22. a. The building will be designed to LEED Silver standard. The Architect wil prepare the documentation for design credits and submit them to the USGBC for review. Infatuation and documentation for construction cred'fts will be the obligation and responsibility of the General Contractor. The Architect will submit the inforamdon provided by the General Contractor to the USGBC for review. Final acceptance of construction credits will be the responsibirrty of the General Contractor. b. The LEED Green Building Rating System or similar environmental guidelines {'LEED' utilizes certain design, construction, and usage criteria in order to promote environmentally friendly building. The Owner acknowledges and understands that LEED is subject to interpretation, and achieving levels of compliance involves factors beyond the control of the Architect, including, but not limited to, the Owner's use, operation, and maintenance of the completed project In addressing LEED, the Architect shall perform its services in a manner consistent with that degree of skill and care ordinarily exercised by architects performing similar services .in the same locality, and under the same or similar circumstances and conditions. The Architect will use reasonable care consistent with the foregoing standard in interpreting LEED and designing in accordance with LEED. However, the Architect does not warrant or represent that the Project will actually achieve LEED certification or realize any particular energy savings. The Architect shall not be responsible for any environmental or energy issues arising out of the Owner's use and operation of the completed project Consulting Services Agreement between City of Dublin and Dahlin Group— Exhibit A Page 10 of 12 23. Renderings: Architect wit provide one (1) exterior rendering at corn phftn of Schematic Design. 24. $evisi4,4 Archbcturai wt rk that is required io be revised after program or schematic design approval due to changes by the City shall be done as an additional service on an hourty basis. Revisions regtdrred by the Budding Department for permit are included in the Aect scope and fee. 25. M Not Included: The following items are not included within the project scope or fee: a Entitlement processing, including EIR, traffic studies, biological or other land use studies. b. Improvements required beyond the site work line. C. Geotechnical Engineer. d. Renderings, models or graphk presentation material other than those specftdy listed. e. Public presentations or rneetings other than those spea6cally fisted. f. Phase building, multiple permits, multiple bid sets, or fast track con&uchon. g. Consultant services, other than those speacally listed. 26. Fed Schedule: Services shall be compensated with the following fixed fees which includes services conVIeted to date under the original agreement approved October 7, 2008: a. Site & ftFam Assessment $20,000 Conceptual Master Plan $254,500 Schematic Design $352,006 Design Development $624,000 WbrIdnQ--D`mmnQs 000 SUBTOTAL $1,872,500 Bidding $10,000 Construction Administration (12 month §) „ $212,004 SUBTOTAL $222,000 TOTAL FIXED FEE $2,094,500 b. E.I.R. Negative Declaration Documents $25,000 allowance c. Theme Signage $20,000 allowance d. Reimbursable (see detail Section 29 below) $50,000 allowance TOTAL WITH ALLOWANCES $2,189,500 e. Additional Construction Administration Services $10,000 per month 27. Retainer No initial payment is required to be made upon execution of this Agreement ConsAng Services Agreement between City of Dublin and Dahlin Group - -Exhibit A Page 1.1 of 12 28. Work So erasion: Architect may suspend work if payment is more than 90 days due. Architect may resume work after pmt due amounts are paid and acceptable an angeme* are made to continue future timely payments. Architect mall provide a written notice, to the City, fifteen (15) days prior to suspension of work. ' 29. Reimbursable Expenses: The fagowing is a good faith estimate of reimbursable expenses. This amount wig not be exceeded without the City's approval. Blueprints Site & Program Assessment $1,000 Conceptual Design $4,000 Schematic Design $4,000 Design Development $6,000 Bid & Construction Documents $33,040 Postage $1,000 Miscellaneous . _ .... $1.004 TOTAL $50,000 Architect will provide three (3) sets of plans and specifications at completion of Schematic Design, Design Development, and Construction Documents. Architect will also provide electronic versions of all documents on CD ROM chscs. Architect will provide electronic copies for bidding and construction. Architect will not charge for local travel time, mileage, telephone or fax. Overnight delivery services will only be used when specifically requested by the City and are not included in the reimbursable expenses. END OF EXHIBIT `A' Consulting Services Agreement between City of Dublin and Dahfin Group— Exhibit A Page 12 of 12 19 CITY OF DUBLIN 4 100 CIVIC PLAZA, DUBLIN, CALIFORNLi 94568 & (925) 833 -6630 f (M 829 -9248 FAX CONTRACT CHANGE ORDER NO. 01 PAGE 1 OF 1 PROJECT: Emerald Glen Recreation and Aquatic Complex (CIP #930007) AGREEMENT DATED Deeember4,2012 'i 20015 TO: Dahlin Group Architects ' I Between Dahlin Group Architects and the City of Dublin You are hereby directed to make the herein described changes from the scope of services or do the following described work not included in the scope of services of this contract. The description of work to be done, estimate of quantities, and prices to be paid are complete, accurate and segregate between additional work at contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. NOTE: This change order is not effective until approved by the City Manager Change requested by: The City of Dublin The last percentage shown is the net accumulated increase or decrease from the original fee in the Agreement. Extension of time: NIA COST INCREASE: $496,000.00 ?ZVI)q*,� L /-j ojt �J,,-1092e BY: APPR L RECOMMENDED BY APPROVED BY B nt Date k Paul ary IDat Chris Foss � Date Parks & Facilities Develop, Manager Parks & Community Services Director ity Manager �� We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Date: 7 0 Consultant: Dahlin Group Architects Principal: L 1�!►,� 7l LSD Cl�2a� I, the undersigned contractor declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached request for change order and know its contents, and said request for change order is made in good faith; that it is supported by truthful and accurate data; that the amount requested and the additional time requested accurately reflects the allowable expenses that would be incurred, and the time necessary, to perform the change order; and further, that I am familiar with California Penal Code section 72 and California Government Code section 12650, et seq., pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment, or other severe legal consequences. If the Contractor does not sign acceptance of this order, his/her attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified DAH11N �� Emerald Glen Aquatic Center 562,005 May 6, 2013 REQUESTED ADDITIONAk, SERVICES #01 Page 1 of 1 CLIENT: CITY OF DUBLIN 140 Civic Plaza Dublin, CA 94568 ATTENTION: Paul McCreary paUl- mccreary @ci.dubtin,ca.us SPOKE WITH: Paul McCreary FROM: Karl Danielson, AIA, LEED AP Principal Karl. danie I so n @da h I i ngrou p. com CONTRACT DATE: December 4, 2012 RE: EMERALD GLEN REVISED PROJECT SCOPE AND FEES Bear Paul: Based on the City Council's approval of the Concept Master Plan, I have provided a revised Scope of Services in Exhibit A (attached). Please sign and return (via FAX or mali) the acceptance below and we will proceed upon receipt. All conditions of our original contract still apply. Thank you, Approved this date: { illed ' by client) CITY OF DUBLIN DAHLIN GROUP, IN GIiL+� C Paul Creary OaDanielson, Al ED AP Parks and Community Services Direct p License #011201 and Exp. 11130113 END OF RAS 01 5865 Owens Drive + 1 -325 -251 -72,04 WWW- DARLINGROUP,COM Pleasaflto'i, Califom;a 94588 115A +1- 925.257 -7201 fax J %P .1J[BIT "A" EMERALD GLEN RECREATION AND AQUATICS .Ei { ^ an- -i Project Description: Tha pi -oject will to based on the gip; icv d Plan da 'd Apall 16, 2013 (attached). 2. Project Phases: The project will be developed in two (2) phases. Phase I work will consist of all Site development, Aquatics Facilities, and Phase i Building with additional rooms described below, Phase 11 work will consist of Gymnasium, Preschool, Mat Room, Fitness Room, and Restroom. 3. Site Work: a, Additional site work will be provided per the Concept Master Plan to include: (i) Amphitheater, (if) Central Plaza, (iii) Additional parking areas, (iv) The Boreen, (v) Relocation of Preschool facilities, Children's Museum, and Playground Restroom. b. Entire site will be graded at one time, Any excess dirt will be stockpiled on the Phase 11 site. C. Amphitheater and Stage will be limited to: (j Grading and landscaping for Amphitheater, (K) A concrete performance circle to service as a Stage, (Hi) 10 -foot paths on either side for access, (iv) ADA seating areas in front of Stage, (v) Provision for six (6) 30 -amp electrical outlets, (A) Stubs for future light and audioNisuai equipment. A band shell will not be provided in this phase. d. The existing Preschool and Children's Museum facilities be relocated orito new foundations near the southwest comer of the site. New utilities will he provided as necessary for this site location, A new playground will be designed and constructed, along with the facilities. e. Relocate the. existing Restroom next to the existing Playground. 4. Aquatic Facilities: a. The Sport Pool and associated pool deck and landscaping will be provided in Phase 1. The Sport Pool will be per the Concept Plan dated April 16, 2013 (attached). b. The Natatorium Pool will be provided per the Concept Plan dated April 16, 2093 (attached). 5. Building: a. The Phase l Building has been increased +1- 2,600 s.f. by adding a i=lex Room, Natatorium viewing area, Restrooms at the Lobby, Laundry Room, I.T. Room, expanded Electrical, Janitor, and Storage Rooms. Consulting Services Agreement between City of Dublin and Dahlin Group -- Exhibit A -- Revised F'raject -Scapa and � Page 1 of 2 Construction Cost: The construction cost fof: the rrojuCi has been increased +I- $4,500 GDO. This budget is for construction Q i h1 , and does GnGI de foss. ,reffr.r�;- i..,� � ✓GCl �n�, IL:i r _.rv, fiiC1L' rev an ^d erj,uir r erL. 0 C Cf' _ : u?;: F{ . ? "e �-lhc)[F, Ida i ic. r . Nark Not Included: Per original car ttract. Fee Schedule; Services for the revised Scope shall be fixed fees as follows: a. Conceptual Master Plan $37,000 Schematic Design $110,004 Design Development $182,040 Working Drawings $148,000 SUBTOTAL $457,004 Bidding $3,400 Construction Administration $36,000 SUBTOTAL $39,000 TOTAL FIXED FEE $496,000 END OF EXHIBIT `A' REVISED PROJECT SCOPE AND FEES Consulting Services Agreement between City of Dublin and ❑ahlin Group- Exhibit A — Revised Pra}ect Scope and Fees Page 2 of 2 Emerald Glen Aquatic Center 562.005 May 6, 2014 REQUESTED ADDITIONAL SERVICES # 02 Page 1 of 1 CLIENT: CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 ATTENTION: Paul McCreary paul.rnccreary@dublin.ca.gov SPOKE WITH: Herma Lichtenstein FROM: Karl Danielson, AIA, LEED AP Senior Principal Karl.danielson@dahlingroup.com CONTRACT DATE: December 4, 2012 RE: -EMERALD GLEN REVISED PROJECT SCOPE AND FEES Dear Paul: Based on our previous conversations about the expanded scope of project work as approved by the City Council on December 17, 2013 and subsequent meetings with City Staff, I have provided a revised Scope of Services in Exhibit A (attached). Please sign and return (via FAX or mail) the acceptance below and we will proceed upon receipt. All conditions of our original contract still apply. Thank you, Approved this date: S� JAS � (filled in by client) CITY OF DUBLIN Cf ul cCreary Director of Parks & Community Services END OF RAS 02 5865 Owens Drive +1-925-251-7200 Pleasanton, Califomia 94588 USA +1- 925 -251 -7201 fax DAHLIN GROUP, INC. a Dana son, AIA, AP Senior Principal License #C11201 and Exp. 11/30115 WWW.QAHLIKGROU8COM EXHIBIT "A" EMERALD GLEN RECREATION AND AQUATICS COMPLEX REVISED PROJECT SCOPE AND FEES Project Description: The project scope has been increased based on the approved Conceptual Master Plan dated April 15, 2013 and new Sport Pool building (attached), 2. Scope of Work: a. Aquatics Expansion: The exterior pool deck has been increased to accommodate expanded aquatics features into the design. This includes the following additional work: (1) Expansion of the pool deck areas to allow for additional area to incorporate speed slides at the slide tower and to create more seating I leisure space between the individual on deck features. (ii) Additional lighting and power utilities at the expanded pool deck area. (iii) Additional surge tank capacity design and pump engineering to accommodate the additional slides. (iv) Additional grading and drainage design at the expanded pool deck area. (v) Additional C.3 calculations and storm water treatment design, (vi) Additional landscape and irrigation design at the expanded pool area. (vii) Redesign and enlargement of the sport pool to accommodate two additional competition swim lanes and a separated warm up 1 play area at the pool. (viii) Additional surge tank capacity design and pump engineering to accommodate the additional pool size. (ix) Additional fence and retaining wall elements to accommodate the expanded areas. (x) Addition of an exterior pool toilet and storage building adjacent to sports pool. The expansion of the water areas for the sports pool area requires the addition of toilet room facilities for both men and women that cannot be accommodated in the primary building as initially planned. The planned outdoor covered storage area is now combined with this requirement to create one structure. (xi) Reconfiguration of the indoor natatorium pool; at the time of the initial contract extension, the indoor natatorium pool design was approved by staff and the drawing was part of the contract extension. Following the extension, we have attended multiple additional design meetings to revise the configuration and layout of the pool, including multiple design revisions. (xii) Additional overall coordination and construction administration for the expanded scope area. (xiii) Attendance at Public Art meetings for initial selection, final selection, and construction coordination with selected Public Artist at the request of Staff. (xiv) Additional Structural Engineering and Landscape Architectural Detailing and drainage connections required for coordination with selected public artist for all pedestal support elements at entry plaza art, Consulting Services Agreement between City of Dublin and Dahlin Group -- Exhibit A — Revised Proiect Scope and Fees Page 1 of 3 .01� b. Natatorium Structural Design: The original contract for the project was to deliver a design - build- install element for the natatorium similar to the Alan Witt Park natatorium in Fairfield, CA by Standard Structures. This is a Kal -Wal clad, gable form roof structure. During the design process, the City determined this form and aesthetic were not one they desired, and we were directed to look at alternate structural systems that provided enhanced design. The City Council ultimately selected "the wave ", a design that is a much more dynamic and exciting structure. The design engineering requirements for this type of custom structural system are greater than those of a simple gable form. Dahlin Group has entered into a contract with Novum Structures for the ETFE clad space.truss design of "the wave" to meet the City of Dublin Building Department's minimum submittal requirements as defined by Gregory Shreeve, CBO City of Dublin, and to ensure the project can be permitted and competitively bid for this portion of the work. Included in this R.A.S. is time for design, construction documentation and construction administration services based on the enhanced requirements of the structural system for the altemate vendor and system. C. Environmental Im act Reporting: The initial contract included an allowance for performing a basic review and MND report that would be considered along with the existing reports completed for the overall Emerald Glen Park Master Plan. After a review with City Staff it was determined that the existing documents were not sufficient, and a more intensive level of study would be required to satisfy CEQA requirements for this project. We have engaged Jerry Haag, Environmental Planner, to provide the additional review and mitigation recommendations for the entire project and to consider potential noise and traffic related issues that were not sufficiently addressed in the initial project master plan study. d. Fundamental and Enhanced Commissioning Services: The project is required by Cal Green and LEED to incorporate fundamental building commissioning services for project completion and close -out, which is a service that is contracted for and provided directly by the Owner. In order to maintain our track for a LEED Silver certification level, we have incorporated enhanced commissioning services into the project. This step requires that a Commissioning Agent is engaged during the document generation phases to review and provide input to the design team. We have now included these services under our contract to the City to expedite this process. e. Cost Analysis U date: At the request of Staff, we are providing an additional cost estimate update at approximately 25% CD. This update includes the expansion of the pool deck area, additional pool storage I toilet building, and other design revision impacts noted above. 3. Construction Cost: The Cost Analysis Update will determine the current estimated project costs. We have estimated that the current revisions will increase the project ousts by ±$4,000,000. This cost is for construction only and does not include fees, permits, testing, inspections, fumiture, fixtures, and equipment, or soft costs for the above items. Consulting Services Agreement between City of Dublin and Dahlin Group -- Exhibit A - Revised Protect Sco a and Fees Page 2 of 3 4. Work Not Included: a. Per original contract. b. Mitigation measures required by the Updated E.I.R., if any. 5. Fee Schedule: Services for the revised Scope shall be fixed flees as indicated below. The fee allowance for E.I.R. services will be increased by the amount below. TASK RAS #02 Site & Program Assessment Conceptual Master Plan Schematic Design Design Development $979,760 Working Drawings $222,560 SUBTOTAL $402,320 Bidding Construction Administration $25,684 SUBTOTAL $25,680 TOTAL FIXED FEE $428,000 E.I.R. Negative Declaration Documents $50,320 Fundamental I Enhanced Commissioning Services $25,400 Theme Signage Reimbursables TOTAL WITH ALLOWANCES $503,320 Additional Construction Administration Services _' END OF EXHIBIT `A' REVISED PROJECT SCOPE AND FEES Consulting Services Agreement between City of Dublin and Dahlin Group -- Exhibit A — Revised Pro'ect Sco a and Fees Page 3 of 3 P : W z H q g 3 t d LL)) n!F' E � C3i� E� LLI f f �4 i` i � Ili l i 1 IF k: 1 111 t i 1 1 1 L 1 1 1 6 h i Y Y Y U In I u I, Z5 oil ¢W� way #I g x a i V I I I I ' I I I I E I ti I I I S I I f � I I lI I E - -- ---• -- - - - - - -- - � -� -�' -� --r- E ' I I 4 ----- - - - - -- I — _ lI L_ — _ _ I I I I I I f f ' 1 � I I I I 1 I - s�s� I 11 I I I I I y I I I � I I i I I { I I I I I I I I I I I I I1 E 1 f I I I I I 1 I I 1 I 1 I -- - N { { Li f (N Z w uj z oz ~ CY QU� -, J9 UL )J 6 -t LU Sim 88 M 8 cr 0 R OP- -et • a .*rig — — — — — — — — — — — — — — — — — ------ iip[ p NO -- - - -- F 1 111114 r T-- -- - - - - - - - - - - - - - - - - - --- - - - - - - --- k — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - — — 8 cr 0 R OP- - z L.[j 7 9 S y a yy x '(5) 6 f�j voveo � LU� w¢ ©ooi i1[44 °1x� a5 - o voveo ©ooi H DogmaAAB lilt, e F 4 f S i • one dc 14 rr MIRV -- - O !D _ C.z F► -. 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