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HomeMy WebLinkAboutItem 8.3 Positano Neighborhood PkG~~.t OF D~~l jy /// ~ \~\ 1~`~, ~~~2 ~ `~'~cir~o~~'~~ ~ STAFF REPORT C I T Y C L E R K D UBLIN CITY C O U N C I L File #^~~ d^- 3^~ DATE: ` January 18, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC : Positano Neighborhood Park - Agreement for Landscape Architectural Services. Prepared By: Rosemary Alex, Parks and Facilities Development Coordinator EXECUTIVE SUMMARY: In November 2010, Staff circulated a Request for Proposals to six landscape architectural firms to complete the design and construction documents for the 4.6 Acre Neighborhood Park in the Positano Development. As a result of the process, Staff has determined that MPA Design has the experience necessary to complete the project. FINANCIAL IMPACT: The proposed fee for services under the Agreement is $142,300. Sufficient funds are available in the 2010-2015 Capital Improvement Program budget. ~ RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving an Agreement with MPA Design for the Positano Neighborhood Park. In addition, Staff is seeking direction from the City Council on whether they would like to officially name the park Positano Park, or whether the City Council would prefer that Staff return at a later date with options related to the naming of the park. . ~~~~ Submitted by: Parks and Community Services Director Assistant City Manager Page 1 of 3 ITEM NO. V• v , ~ DESCRIPTION: As part of the 2010-2015 Capital Improvement Program, the City Council approved the development of a 4.6 acre neighborhood park in the Positano Development (Attachment 1). In November 2010, Staff solicited a Request for Proposal from six landscape architectural firms to complete the design and construction documents of the park. The City received proposals from PGA Design, Gates and Associates and MPA Design. Based on their qualifications, Staff elected to interview all candidates that submitted proposals. As a result, MPA Design had demonstrated in their proposal and interview the experience necessary to complete the project. MPA Design recently completed Kevin Moran and Azule Park's for the City of Saratoga that included a vibrant community input process. The firm has a reputable portfolio of public park projects throughout the San Francisco Bay Area. In addition to their public park experience, MPA designed and has continued to consult on the on-going maintenance of ATT's Headquarters in San Ramon for over twenty years. The scope of work for professional services includes development of three alternative designs, a preferred conceptual plan, design development, construction documentation and bidding. Attachment 2 is a Resolution approving the Agreement between the City of Dublin and MPA Design. The Consultant Services .Agreement, which outlines the scope of work and fee schedule, is shown as Exhibit A to the Resolution. Staff, along with MPA Design, will hold a series of public workshops this spring to generate public input. Once consensus is reached, the original three design alternatives along with the preferred conceptual plan will be presented to the City Council for final approval of the preferred conceptual plan. PARK NAME: At the time that the park was added to the Capital Improvement Program, Staff identified the park as Positano Park since it is located in the Positano Development. However, at uttimate build-out of the Positano Development there will be two neighborhood parks. Consequently Staff is seeking direction from the City Council on whether they would like to officially name the park Positano Park, or whether the City Council would prefer that Staff return at a later date with options related to the naming of the park. SCHEDULE: Award Contract Consultant Services January 2011 Community Design Process March - May 2011 Construction Documents June - November 2011 Bidding and Award December 2011 - January 2012 Construction and Plant Establishment February 2012 - October 2012 NOTICING REQUIREMENTS/PUBLIC OUTREAC~H: None required for Staff Report. City Staff will invite residents living within 300 feet of the park to the public input meetings. Staff will seek other options for communicating with the target group as appropriate. Page 2 of 3 ATTACHMENTS: 1. Positano Neighborhood Park - Location Map 2. Resolution Approving an Agreement with MPA Design for the ~ Positano Neighborhood Park. Page 3 of 3 ~ LOT SIZE SUNI~IARY . LOT S7ZE NUMBER OF LOTS 43' x 80' la~ (Neigh. A) 72 50' x 100' lob (Neigh, B) 175 / ss a ioo~ iom ~rra~t: ci~ ~s 60' x 100' lota (Neigh. CZ) BD /' • TOTAL NUMSER OF LOTS = 405 /~' ~ Lots with estecisk to hanefa to L'm = 35 NET TOTAL LOTS = 3~0 • /~ j I _____.-_~\ ~ DUBIIN RANCH 'I'ract 75~6 at Fallom Village Neighbo~-hooc~s A, ~ & C Neighborhood Sale Map / Buildout Sept 2~ 3009 19319-OI LEGEND ~~ zanc:r ~ss3 ~nei~ n~ sar. [nupc row~ sna (3i tam) ~ 18AC1' 7853 (Ndgh. A) %B H~e Iat~ pc "New' ~R(40 Lah) ~ 7BACT 7fl54 (Neigh. H) BRL Lam pc'Dld' SDR (2i Iam) /.%/" 18ACf 7854 (Ncigh H) B&Z Com pc'Ncv/' SD& (69 Lole)' Mnppd \\~ x~az•~.~npv~nr~r~a~9rae~-r~m~t~dxn~zoio ox~.~_FOS~~~~.,-~~~~~~ ~xa~n c~ -FOS s,v.a ~n ona ~~-a~py~euaaQzoio ~Nd~L Q. B$L Pu~e Lah (BO Inb) -Fo~e Fmol ldap ~ PHASB 1(405 L07S) ~ ~ F111lIREYHASII . . PHASE 1 BA(;f~ONE ~ROVE~LiS (CO~g1,gfE~ ~ PHASE 2 BAIX60NL ~ROVPAffii'ig (p[7(URg) Future Park Site °9 ~' I 0 e~ ,t~ ~,:,. e.~ <~ r' ) ~--- PARR ~~, \~ y~,\...\ / ~ •--~ ~v~ . ~,~ i ~\~j~> ~~ :~ v/'' 7'` ~ t . •`•. `~~ `~ -~ i ^ `~ .. _, ` 'J ~ .~ ~ 1` ~ _ ~ Z I ~ ~ l Z~r J I m ~ °i~ ~~ I l~ ~/ J ~ t BAC~orIE COMPLETED I :~ , _ :~ 2BAC%BONEROADS RUCTID 2011 40 Lots - N RB HoME - ---~ d ~ ~,a ~ NORTN ~ o~ 200' 40a'- Boo~ ~ 3 f SCALE: 1'=400' ~ ~~C~Y ~C So~~s ~ ~VIL ENCME~iING.VNO PtANNINC•UN~ SIJRvEYING PIEIWRON, CA 9~598 (935) 225-0690 $ i ~~. ~~ l_ V Fallon Sports Park~ ~ ' ~ ~ '~/ . . ATTACHMEN~" 1 ~ 0~~~~~ RESOLUTION NO. XX -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING AN AGREEMENT WITH MPA DESIGN FOR THE POSITANO NEIGHBORHOOD PARK WHEREAS, the 2010-2015 Capital Improvement Program includes a project to prepare design and construction documents for the Positano Neighborhood Park; and WHEREAS, the City has solicited proposals from landscape architectural firms to complete the design and construction documents; and WHEREAS, the City received three proposals and selected MPA Design; and WHEREAS, MPA Design has demonstrated ability to perform said design and construction documents; and WHEREAS, MPA Design is available to perform work as specified. NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE to approve the Agreement with MPA Design, attached hereto and authorize the City Manager to execute the Agreement. vote: PASSED, APPROVED AND ADOPTED this 18th day of January, 2011, by the following AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 2 3v~~ CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MPA DESIGN THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and MPA Design ("Consultant") as of January 18, 2011. 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 January 31, 2012, the date of completion specified in Exhibit A, and Consultant shall complete the work describetl 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, immetliately 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 $142,300 (one hundred forty-two thousand three huntlred dollars even), notwithstanding any contrary intlications 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. Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 1 of 14 EXHIBIT A ~ E~ ~~ 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Pavment. 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 Hourlv Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule attached as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed six thousand six hundred dollars ($6,600). Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily compfeted 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 Atlministrator. 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 secords 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 Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design ~ Page 3 of 14 l~ o ~-~ 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 hereuntler 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 afl 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 Emp{oyer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified maif, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least _ twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and persanal injury, Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 4 of 14 ~~~~~ 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. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1("any auto"}, 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. 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. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liabilitv Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 5 of 14 $ 0-~-2(A 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. If coverage is canceletl 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. 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 Acceptabilitv of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting cove~age required herein. The certificates and endorsements for each insurance policy are to be sign~d 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 Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 6 of 14 ~ o -~-~z~ subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the seif-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 Coveraqe. 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 January 18, 2011 City of Dublin and MPA Design Page 7 of 14 o~ ~-~ ~ damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property> or any violation of any federal, state, or municipal {aw or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, empioyees, 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.- Notwithstanding the foregoing, to the extent that this Agreement is a"construction contract" as defined in California Civil Code section 2783, as amended from time to time, such duty to indemnify shall not apply when to do so would be prohibited by California Code section 2782. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shal~ have the . right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consulting Services Agreement between January 18, 2011. City of Dublin and MPA Design Page 8 of 14 t t o~-~~ 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 Governinq Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consu~tant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Requlations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legafly required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal OpportunitY Consultant shall not discriminate, on the basis of a person's race, religion, cotor, 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 inclutle the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. I Section 8. TERMINATION AND MODIFICATION. Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 9 of 14 i2n-~~ 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. 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 Assiqnment and Subcontracting. , City and Consultant recognize antl agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 10 of 14 ~ ~ ~ ~~~ 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. AI~ 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 evitlencing 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 pubfic 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 Attornevs' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 11 of 14 ~ ~~1'~~~~ state courts of California in the County or Alameda or in the United States District Court for the Northern District of California. 10.3 Severabilitv. 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 Assiqns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a"conflict of interest," as that term~is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, inciuding 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 Cotle § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. .Consultant agrees not to solicit business at any meeting, focus group, or interview relatetl to this Agreement, either orally or through any written materials. Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 12 of 14 ~ 5~~-F u~ 10.9 Contract Administration: This Agreement shall be administered by the City 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: MPA Design Attn: Richard Alcina 1801 Oakland Boulevard, Suite 315 Walnut Creek, CA 94596 Any written notice to City shall be sent to: City of Dublin, Parks and Community Services Attn: Rosemary Alex 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 repo~/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 13 of 14 l !v o -~.~ CITY OF DUBLfN Joni Pattillo, City Manager Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney CONSULTANT Michael Painter, President Consulting Services Agreement between January 18, 2011 City of Dublin and MPA Design Page 14 of 14 EXHIBIT A SCOPE OF SERVICES POSI'TANO PARK - Scope of Services l'1 o~°z~ January 10, 2011 The Project consists of design services for a new neighborhood park of approximately 4.6 acres located at LaStrada and Valentano Drives in Dublin (the "Project"), as delineated on the attached e~ibit B. BASE SCOPE SERVICES A. PRELINIINARY INVESTIGATIONS: January 19 to February 4, 2011 1. Pre-Design Start-up meeting with City to discuss detailed scope of work and schedule. Establish and initial budget at the outset of the project. ~ 2. Become familiar.with the adjacent surrounding community. ~ 3. Review the Parks and Recreation Master Plan, Parks and Recreation Ten Year Strategic Plan, existing data, identify utility connections and capacities, and power supply availability. 4. Identify and review available record drawings, supplemental information and surveys. 5. A site survey will be performed. 6. Establish coordination with sub-consultants. Interface with agencies having jurisdiction. B. SCHEMATIC DESIGN: -~ February 7 to March 31, 2011. ~ Based on mutually agreed-to program, schedule and preliminary construction budget shall prepare schematic design documents and provide other services as described below. 1. Prepare program options with supporting exhibits, review with City staff, and establish program priorities in conjunction with the budget 2. Develop three alternative schemes to illustrate the layout and relationship of key elements such as soccer field, playgrounds, wallcways, ligh4ing, sport courts, tree planting, and overall site design in the form of Diagrammatic Design Plans to present to city staff. Renderings,~ models or simulation e~ibits are not included. ` ~ 3. Revise three alternative schemes according to City Staff input. 4. Prepare "order of magnitude" cost estimates of each alternative for comparison. 5. Select a fmal altemative Schematic Plan, based upon comments from the public, City staff, and the Parks and Community Services Commission input, for Design Development. 6. Meetings during the Schematic Design Phase: a. Two Design team / City staff coordination meetings b. One Community presentation/workshop to present and discuss altematives. C. DESIGN DEVELOPMENT: April 1 to May 17, 2011. Based on approved Schematic Design Plan, and any adjustrnents authorized by the Owner in the program, schedule or construction budget, the Landscape Architect shall prepare, for approval by the Owner, Design Development drawings to further develop and describe the size and character of the Project and provide other services as described below. ~ 1. Develop the overall site design of the selected plan and refine the desigri in the form of sketches, elevations, and Design Development Plans. Firm up the geometry, size, function, materials and layout of the design elements. 2. Provide cut sheets, photos, or other relevant information relating to manufactured elements and materials such as play equipment, site finnishings,. paving, planting, and lighting. . 3. Prepare colored plan and elevations for presentation to convey the character o,f the design. 4. Preliminary Civil, and Electrical Engineering diagrams to illustrate points of connection and basic engineering requirements. 5. Preparation of application for new or upgraded PG&E electrical service, and coordination w/ PG&E. 6. Provide Outline Specifications and Design Development level details. ~ 7. Update the cost estimate. 8. Meetings during Design Development: a. Two Design team ! City staff coordination meetings Consulting Services Agreement between City of Dublin and MPA Design--Exhibit A Page 1 of 5 1~ o-~~z~ Positano Park Page 2 of 4 MPA Design ' January 10, 2011 b. Two Public presentations: One with Parks and Community Services Commission to review the Design Development Plan, and one with the City Council to present the three altemate Schematic plans and the selected Design Development Plan. Both presentations will be in a Power Point format. E. CONSTRUCTION DOCUMENTS: May 18 to October 7, 2011. Based on the approved Design Development documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Landscape Architect shall prepare, for approval by the Owner, Construction Documents consisting of drawings and specifications setting forth the requirements for the construction of the Project. 1. Prepare memorandum outlining refinements based upon community workshop, staff review, and Public meetings~with supporting graphic exhibits and cost estimate. Incorparate those comments into the Contract Documents. 2. Provide detailed construction plans at 1"=20', including the following; a: Layoutldimension/material plans for horizontal control. b. Civil Engineering Plans and Details: - Grading Plan - Drainage plan and details includ'mg C-3 design. - Calculations for on-site storm drain capacity. - Utility Plan - Erosion Control Plan - Details to City of Dublin standards. c. Stormwater Pbllution Prevention documentation and data submittal assuming Risk level l. . d. Irrigation plans and details including drawings necessary for DSRSD permitting. e. Planting plans and details f Electrical Engineering: layout of security lighting, photometric plan, power to irrigation controller, load ~ calculations, Electrical details and line diagrams. Coordination with PG&E. 3. Selection, specification, and siting of a Prefabricated Restroom, including electrical, sewage, and water services, and structural engineering of the foundation. 4. Written technical specifications, 8'/z x 11 CSI format, not includ'mg Div. 1. 5 Update the Cost Estimate at 65%, l OQ% and Final submittals. 6. If required by budget considerations, bid documents may include additive or deductive bid alternates. 7. Meetings during Construction Documentation: a. Three Design team / City staff coordination meetings. 8. Submittals: at 65% ,100% and Final. Incorporate all review comments into the Final Plans 9. Soil sample and testing for Horticultural Suitability (Reimbursable expense item). 10. CD Deliverables: a. Drawings 24"x36" or 30"x42"; one hard copy, one electronic file. ' b. Cost estimates 8.5"x 11", one hard copy, one electronic file. c. Specifications 8.5"xl l", one hard copy, one electronic file. F. Bid Phase November - Decembe "r 2011. , ~ 1. Attend one pre-bid meeting. 2. Respond to bidders' questions by written memo; issue CD addendum if necessary. 3. Prepare a conforming set of Construction Documents, if necessary, that incorporate all addenda issued in the Bid period. II. SUB CONSULTANTS The Landscape Architect will retam the following sub-consultants for the Project. The fees for such sub-consultants shall be included in the Landscape Architect's fixed fee. A. Dickson and Associates, Irrigation Design B. BKF Engineers, Civil Engineering C. Zeiger Engineers, Electrical Engineering - Consulting Services Agreement between City of Dublin and MPA Design--Exhibit A Page 2 of 5 iq o -~--~.~ Positano Park Page 3 of 4~' NIPA Design January 10, 2011 D. Siena Engineering, Structural Engineering III. - PROJECT SCHEDULE A. The parties anticipate Landscape Architect's design and documentation will be substantially complete by October 31, 2011, and that all phases of the Work will be complete by January 31, 2012. B. The Landscape Architect acknowledges the importance to the Owner of the Owner's project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule. The Owner understands, however, that the Landscape Architect's performance must be governed by sound landscape architectural practices. The Landscape Architect shall not be responsible for delays caused by governmental entities or circumstances beyond its reasonable control, nor the delays which may be occasioned by actions which, in the sole judgnnent of the Landscape Architect, are required in the exercise of usual and customary professional care. The Landscape Architect shall not be liable for damages arising out of any such delay, nor deemed to be in default of this Agreement as a result thereof. IV. COMPENSATION A. Base Scope Services: For the above professional services, the Landscape Architect shall be paid on a lump sum basis, $142,300:00 total. The total fee shall be allocated among the tasks in the following amounts: Preliminary Investigations: $6,700.00 Schematic Design: $23,200.00 Design Development: $20,000.00 Construction Documentation: $73,300.00 Restroom $8,000.00 B'id Services: $4,500.00 Reimbursable Expenses: 6 600.00 TOTAL: , $142,300.00 B. Re'vnbursable Expenses are included in the above, to be charged against the Reimbursable line item. Reimbursable expenses are Printing, reproduction and photography; Freight and delivery; Transportation/auto milage at the current IRS rate; Fees paid for securing approval of authorities having jurisdiction over the work; Horticultural soil testing/analysis. V. OWNER RESPONSIBILITIES A. The Owner shall supply the Landscape Architect with the following prior to the Landscape Architect's commencing work. ' ~ 1. "As Built" Engineering documents for surrounding subdivision. 3. Geotechnical report for surrounding subdivision. 4. An up-to-date aerial photograph. VI. WORK NOT INCLUDED The following items are not included in this contract: A. Legal project boundary survey. B. Environmental investigation, testing, report, or processing C. Potholing, subsurface, or destructive investigations of existing conditions. D. Geotechnical investigation / report E. Off site improvements. - F. Provision of utility service points to the site from off site. " G. Artwork, Graphics, or Signage. H. Perspective or "3D" drawings, simulations, or renderings by an outside subconsultant. I. Siructural Engineering evaluation or design for items other than restro.om. Consulting Services Agreement between City of Dublin and MPA Design--Exhibit A Page 3 of 5 Positano Park Pag O ~~ ~ MPA Design . January 10; 2011 J. Mechanical and Plumbing Engineering. K. New architectural structures. L. Fountains and water features design and engineering. M. Development of irrigation water source: coordination with water district, and design, spec., or detailing of well, meter, pump, and/or filtration. . N. Rainwater or runoff harvesting / storage system for irrigation. O. Documentation of more than one phase of construction. P. Design revisions to drawings or specifications after the "Final" CD submittal. (Note: "Conforming" revisions to incorporate Bid Period addenda are included in the Base Scope of Work.) Q. Preparing documents for alternate bids or change orders iniriated by the Owner. R. Arranging for work to proceed should the Construction Contractor default due to delinquency or insolvency. S. Construction period services. T. Record Drawing prepararion. MPA Design HOURLY RATE SCHEDiTLE For additional services, the following hourly rate schedule will be in effect from January 1, 2011 to December 31, 201 l. Cate~orv/Emplovee Rate per Hour PrincipaUVice President 195.00 D. Nelson Principal 170.00 R. Alcina Senior Associate 142.00 D. DeLashmutt, S. Muholland Associate 130.00 T. Lansing, A. Myers Intermediate Staff 100.00 S. Kenney, C. Erasmus Sr. Word Processors/Jr. Staff , 92:00 C. Stratton, K. Kumar Jr. Word Processors/Clerical 65.00 S. Preap The following direct project costs to the Landscape Architect will be reimbursed at cost above the lump sum or hourly rate maximum fee for any additional service work. 1. Printing, reproduction and photography , 2. Freight and delivery 3. Transportation / auto mileage at the current IRS rate. , 4. Soil testing / analysis for horticultural suitability 5. Fees paid for securing approval of authorities having jurisdiction over the work In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to office employees due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, such percentage increase shall be applied to the above billing rates for all remaining additional compensation following the date of such increase in costs. ~ Consulting Services Agreement between City of Dublin and MPA Design--Exhibit A Page 4 of 5 Y ~ O ~ ~_ O w~ a 0 U ~ ~ O ~- . ~ J . ~ ~. Q - ~ ~ Z ~ QU ~w _ ~ cn O O~ a~ ~ ~ . ,~o ~c c~ ~ ~ Consulting Services Agreement between City of Dublin and MPA Design--Exhibit A Page 5 of 5 ~~ ~o ~ ~ o~ ~~ o ~. ~~ ~~ v~ ~ n~ ~ Q ~. ~ - ~ N D cQ ~ ~ ~ cfl (D ~ _ m~ x ~ ~ ~ c~o ~~ W ~ -D n~ ~ c~ 0 c Proposed Fees for Design Services MPA Design Positano Neighborhood Park ~a-,uary ~o, 2011 Fees and hours by personnel type proposed by the MPA Design team for Positano Park are shown below; for the 4.6 acre park of the magnitude described in the City's RFP and the Sco.pe of Work dated Jan. 7, 2011. c ~ o ~ ~ C - Z' c ~ ~ n. ~ ~ ~ U ~ ~ U cn }I C^` W p ; N ~ ~ ~ N o .~; c C G ~ U ~ C O :~ ~ ; ~n O U o o .b N ~ V C N N 'u, rn Q 'a m . Hourl Rate Fee Hours Fee Hrs Fee , Hrs Fee Hrs Fee Hrs Fee Hrs MPA Design $3,000 $23,200 $17,400 $52,000 $4,400 $3,000 Principal $170 9 82 51 92 8 5 247 Associate $130 12 54 54 240 17 16 393 Junior Staff $92 0 25 19 57 9 0 110 BKF Eng. $3,700 $0 $1,800 ~ $12,600 $700 $900 Project Manager $158 12 0 8 32 1 4 57 Engineer II $119 16 0 5 64 4 2 91 Zeiger Engineering ~0 $0 $500 ~4,000 ~1,200 $300 Principal $205 0 0 2 6 2 1 11 Junior Engineer $110 0 0 1 25 7 0 33 Dickson Assoc. " $0 $o $300 $4,700 $0 $300 ~ Principal $125 0 0 2 23 0 2 27 Designer $75 0 0 - 0 25 0 25 Sierra Eng. $0 $o $o $o $~,700 ~o Principal $190 0 0 0 0 2 0 2 Pro~ect Mana er $130 0 0 0 0 10 0 10 Totals by Phase 49 161 142 564 60 30 ~ n ~ ~ ~ m Z C/) D ~ O Z ~ c~ x m v c r m m X 2 ~0 -~ ~ ~ N ~ 2. ~ ~ ~~.. ~EIGER EN GINEERS, INC. d78 3RD STREE T, OAKLAND, CALIFQRNIA 9dbQ7 TEL: {510) 452-9391 FAX: (510) 452-0661 www.zeigerengineers.com BILLING RATE SCHEDI.~LE Applicable for the Periods of January 1, 2011 through December 31, 2011 Principals $205.00 Senior Engineers $166.00 Engineers $141.00 Jr. Engineers $110.00 CAD Operator $102.00 Jr. CAD Operators $65.00 Expert Witness $336.00 Consulting Services Agreement between City of Dublin and MPA Design--Exhibit B Page 2 of 5 ~~ ~ . Bkf ~ ~o~~D PROFESSIONAL PERSONNEL SERVICE FEES JANUARY 1, 2010 - DECEMBER 31, 2010 PERSONNEL ENGINEERING Associate Project Manager Engineer IV Engineer I, II, III PLANNING Planner I, II, III SURVEYING Associate ~ Project Manager Surveyor I, II, III, IV Survey Parly Chief Survey Chainman Apprentice I, II, III, N Instrumentman DESIGN AND DRAFTING Technician I, II, III Drafter I, II, III, IV Student Engineer/Surveyor CONSTRUCTION ADMINISTRATION Senior Construction Administrator Resident Engineer Field Engineer I, II, III SERVICES AND EXPENSES Project Assistant Clerical/Administrative Assistant Principals' time on projects is chargeable at $193.00- $215.00 per hour. $67.00 $57.00 Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers will be billed at cost plus 10%. Such charges may include, but shall not be limited to printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance; transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at the prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0.833% per month on past due accounts. ~ Expert witness/litigation rates are available upon request. HOURLY RATES $167.00 $158.00 - $163.00 $146.00 $104.00 - $119.00 - $136.00 $104.00 - $119.00 - $135.00 $167.00 $158.00 - $163.00 $104.00 - $119.00 - $ 136.00 - $146.00 . $131.00 ' $103.00 $54.00 - $75.00 - $85.00 - $96.00 $115.00 $99.00 - $107.00 - $116.00 $77.00 - $85.00 - $94.00 - $103.00 $55.00 $155.00 $113.00 $104.00 - $119.00 - $136.00 C;onsulting 5ervices Agreement between City of Dublin and MPA Design--Exhibit B Page 3 of 5 DICKSON & ASSOCIATES, INC. L A N D S C A P E t R R I G A T i O N.~-D E S I G N A N D C O N S U L T I N G 2011 Billin~ Rates Irrigation Design and Consulting $125 per hour AutoCAD Drafting $ 75 per hour Clerical $ 60 per hour 2 ~~-z~ Cor~sulting Services Agreement between City of Dublin and MPP, Design--Exhibit B Page 4 of 5 ENGII~IEER1I~fG G R O U P ,~'S'I~~ E1VC~I1i~~~l~lI1VG GI~OUI' ~'E~ SC`H~DUL,~ Pi~~ncip~rl $190//rr Associ~rte ~154/lt~• . P~~oject Mrr~ttrge~• $130/!u~ P~•ojecf E~lgitiee~~ $11 S/lir Sejtior E~tgineet~ $100/lir .SlCff ~itg[11C'L'i' ~88~1f' Ellgl)te~')' ~,~~jli' , Se~riot~ CAD D~•after ~74/ln• CAD D~•ttfler $65//rr Accarr~rti~rg ~65/I~-~ ACItlillil5~i'!lt11~8 STel~vices .~SS/let~ (Rates effective DeeertrGe~~ I, 2009) Consulting Services Agreement between City of Dublin and MPA Design--Exhibit B Page 5 of 5 ZCo a~7~