HomeMy WebLinkAboutReso 26-25 Approving an Agreement with Plant Construction Company, L.P. for Design and Prec
Reso. No. 26-25, Item 5.5, Adopted 5/6/2025 Page 1 of 2
RESOLUTION NO. 26 – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH PLANT CONSTRUCTION COMPANY, L.P. FOR DESIGN AND
PRECONSTRUCTION PHASE SERVICES FOR THE EXTERIOR IMPROVEMENTS PROJECT, CIP NOS.
GI0122, GI0125, GI0223, AND GI0423
WHEREAS, on March 12, 2025, the City of Dublin issued a Request for Qualifications (RFQ)
from design-build entities for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223,
and GI0423. The project provides for exterior improvements and preventative maintenance located
at the following city facilities: Civic Center, Library, Clock Tower, Kolb House Museum, Sunday
School Barn, Murray Schoolhouse Museum, Old St. Raymond’s Church, Senior Center, The Wave,
Fire Stations 16, 17, and 18; and
WHEREAS, on April 7, 2025, the City of Dublin received three responses to the RFQ; and
WHEREAS, the City of Dublin reviewed and evaluated the qualifications submitted in
accordance with the RFQ rating criteria; and
WHEREAS, the City of Dublin desires to enter into an agreement with Plant Construction
Company, L.P. for a not-to-exceed amount of $731,320 for design and preconstruction phase
services of the Exterior Improvements Project under the progressive design-build project delivery
method.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the agreement with Plant Construction Company, L.P., attached hereto as Exhibit A to this
Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit
A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this
Resolution.
{Signatures on the follow page}
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Reso. No. 26-25, Item 5.5, Adopted 05/06/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote:
AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PLANT CONSTRUCTION COMPANY, L.P.
FOR
DESIGN AND PRECONSTRUCTION PHASE SERVICES FOR THE EXTERIOR
IMPROVEMENTS PROJECT UNDER THE PROGRESSIVE DESIGN-BUILD
PROJECT DELIVERY METHOD
THIS AGREEMENT for consulting services is made by and between the City of
Dublin (“City”) and Plant Construction Company, L.P. (“Consultant”) (together
sometimes referred to as the “Parties”) as of May 7, 2025 (the “Effective Date”).
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
Effective Date and shall end on June 30, 2026, 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 referenced in Section 8. Notwithstanding the foregoing this Agreement
may be extended on a month to month basis for up to 12 months upon the
written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price
charged by the Consultant for the provision of the serves described in
Exhibit A does not increase. None of the foregoing shall 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.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform services pursuant to this Agreement. If 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
Exhibit A to the Resolution
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May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 2
standard of performance provided in Subsection 1.2 above and to satisfy
Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit
A include “work performed during the design and preconstruction phases
of construction including, but not limited to, inspection and land surveying
work,” the services constitute a public works within the definition of
Section 1720(a)(1) of the California Labor Code. As a result, Consultant is
required to comply with the provisions of the California Labor Code
applicable to public works.
1.6 Public Works Contractor Registration. Consultant agrees, in
accordance with Section 1771.1 of the California Labor Code, that
Consultant or any subconsultant shall not be qualified to bid on, be listed
in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public
work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor
Code, unless currently registered and qualified to perform public work
pursuant to California Labor Code section 1725.5. It is not a violation of
this section for an unregistered contractor to submit a bid that is
authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5
at the time the contract is awarded. No contractor or subcontractor may
be awarded a contract for public work on a public works project unless
registered with the Department of Industrial Relations pursuant to
California Labor Code section 1725.5. Consultant agrees, in accordance
with Section 1771.4 of the California Labor Code, that if the work under
this Agreement qualifies as public work, it is subject to compliance
monitoring and enforcement by the Department of Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant as provided in
further detail in Exhibit A, 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 regarding the amount of
compensation between this Agreement and Consultant’s proposal, 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 in writing, Consultant shall not bill City for
duplicate services performed by more than one person.
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
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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 cost for services
performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Agreement shall bill more than 2,000
hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. 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;
A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual
performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or
quarter hour
o If this Agreement covers multiple projects, all hours must
also be logged by project assignment
o A brief description of the work, and each reimbursable
expense
The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number
of hours worked by Consultant and any individual employee, agent, or
subcontractor of Consultant reaches or exceeds 800 hours within a 12-
month period under this Agreement and any other agreement between
Consultant and City. Such notice shall include an estimate of the time
necessary to complete work described in Exhibit A and the estimate of
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time necessary to complete work under any other agreement between
Consultant and City, if applicable.
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 Final Payment. City shall pay the last 10% of the total sum due pursuant
to this Agreement within 60 days after completion of the services and
submittal to City of a final invoice, if all services required have been
satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by
Consultant pursuant to this Agreement. City shall not pay any 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 the compensation schedule
attached hereto as Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in
Exhibit A. Expenses not listed in Exhibit A are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation
provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal
or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant
terminates this Agreement pursuant to Section 8, the City shall
compensate the Consultant for all outstanding costs and reimbursable
expenses incurred for work satisfactorily completed as of the date of
written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
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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 fully executing this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall
procure the types and amounts of insurance listed below 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. Consistent with the following provisions, 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, and that such
insurance is in effect prior to beginning work. 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 or proposal. 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 to
City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE
SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO
EXECUTION. Consultant shall maintain all required insurance listed herein for the
duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. 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 not less than $1,000,000 per accident. In
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the alternative, Consultant may rely on a self-insurance program to
meet these 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 California Labor Code shall be solely in the
discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver
of subrogation in favor of the entity for all work performed by the
Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section; and
b. Waiver of Subrogation Endorsement as required by the
section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense,
shall maintain commercial general liability insurance for the term of
this Agreement in an amount not less than $5,000,000 for claims
made in the aggregate annually for all personal injury and property
damage, to include liability assumed under this Agreement, the use
of any licensed motor vehicle by DBE or
subconsultants/subcontractors, and naming City of Dublin, its
governing body, officers and employees as additional insureds. 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 without limitation,
blanket contractual liability and 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 (most recent edition)
covering comprehensive General Liability on an “occurrence” basis.
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Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, 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 a certified endorsement to
the policy:
a. The Insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to
be covered as additional insureds as respects: liability
arising out of work or operations performed by or on behalf
of the Consultant; or automobiles owned, leased, hired, or
borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any
insurer or contractor may require from vendor by virtue of the
payment of any loss. Consultant agrees to obtain any
endorsements that may be necessary to effect this waiver of
subrogation.
d. For any claims related to this Agreement or the work
hereunder, the Consultant’s insurance coverage shall be
primary insurance as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Consultant’s insurance and
shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the
section; and
d. Primary Insurance Endorsement as required by the
section.
4.3 Professional Liability Insurance.
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4.3.1 General Requirements. 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
$2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not
exceed $25,000, for all damages or losses because of errors,
omissions, or malpractice arising out of the provision of
professional services by DBE and DBE’s
subconsultants/subcontractors under this Agreement.
4.3.2 Claims-Made Limitations. The following provisions shall apply if
the professional liability coverage is 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 3 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 shall
purchase an extended period coverage for a minimum of 3
years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement
of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3,
Consultant shall submit the Certificate of Liability Insurance in the
amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability 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 Coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with complete copies of all
Certificates of Liability Insurance delivered to Consultant by the
insurer, including complete copies of all endorsements attached to
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the policies. All copies of Certificates of Liability Insurance and
certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City
does not receive the required insurance documents prior to the
Consultant beginning work, it shall not waive the Consultant’s
obligation to provide them. The City reserves the right to require
complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall
disclose to and obtain the written 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. At the
option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its
officers, employees, and volunteers; or the Consultant shall provide
a financial guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim administration and
defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall
include a “wasting” policy limit (i.e. limit that is eroded by the cost of
defense).
4.4.5 Endorsement Requirements. Each insurance policy required by
Section 4 shall be endorsed to state that coverage shall not be
canceled by either party, except after 30 days’ prior written notice
has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and
certified endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated
herein.
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;
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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, to the extent permitted by law, including without limitation California
Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in
any actions at law or in equity, the City, its employees, agents, volunteers, and elective
and appointive boards, from all claims, losses, and damages, including property
damage, personal injury, death, and liability of every kind, nature and description,
arising out of, pertaining to or related to the negligence, recklessness or willful
misconduct of Consultant or any person directly or indirectly employed by, or acting as
agent for, Consultant, during and after completion of Consultant’s work under this
Agreement.
With respect to those claims arising from a professional error or omission, Consultant
shall defend, indemnify and hold harmless the City (including its elected officials,
officers, employees, and volunteers) from all claims, losses, and damages arising from
the professionally negligent acts, errors or omissions of Consultant, however, the cost to
defend charged to Consultant shall not exceed Consultant’s proportionate percentage
fault.
Consultant's obligation under this section does not extend to that portion of a claim
caused in whole or in part by the sole negligence or willful misconduct of the City.
Consultant shall also indemnify, defend and hold harmless the City from all suits or
claims for infringement of any patent rights, copyrights, trade secrets, trade names,
trademarks, service marks, or any other proprietary rights of any person or persons
because of the City or any of its officers, employees, volunteers, or agents use of
articles, products things, or services supplied in the performance of Consultant’s
services under this Agreement, however, the cost to defend charged to Consultant shall
not exceed Consultant’s proportionate percentage fault.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless
City and its officers, elected officials, employees, agents and volunteers from and
against any and all liability, loss, damage, claims, expenses, and costs (including
without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”)
of every nature arising out of or in connection with Consultant’s performance of the
services called for or its failure to comply with any of its obligations contained in this
Agreement, except such Liability caused by the sole negligence or willful misconduct of
City.
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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract”
as defined by California Civil Code Section 2782, as may be amended from time to
time, such duties of Consultant to indemnify shall not apply when to do so would be
prohibited by California Civil Code Section 2782.
The Consultant’s obligation to defend and indemnify shall not be excused because of
the Consultant’s inability to evaluate Liability or because the Consultant evaluates
Liability and determines that the Consultant is not liable to the claimant. The Consultant
must respond within 30 days to the tender of any claim for defense and indemnity by the
City. If the Consultant fails to accept or reject a tender of defense and indemnity within
30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered
necessary by the City, may be retained by the City until disposition has been made of
the claim or suit for damages, or until the Consultant accepts or rejects the tender of
defense, whichever occurs first.
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. This Agreement shall not be construed as an agreement
for employment. 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 Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which Consultant accomplishes services rendered pursuant to this
Agreement. Consultant further acknowledges that Consultant performs
Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the Consultant performs for the City and
has the option to perform such work for other entities. 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.
6.2 Consultant Not an 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
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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 and regulations applicable to the performance of
the work hereunder, including but not limited to, the California Building
Code, the Americans with Disabilities Act, and any copyright, patent or
trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall
constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement
may be funded by fiscal assistance from another governmental entity,
Consultant and any subcontractors shall comply with all applicable rules
and regulations to which City is bound by the terms of such fiscal
assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all
licenses, permits, qualifications, and approvals of whatsoever nature that
are legally required to practice their respective professions. Consultant
represents and warrants to City that Consultant and its employees,
agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits,
and approvals that are legally required to practice their respective
professions. In addition to the foregoing, Consultant and any
subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not
discriminate, on the basis of a person’s race, sex, gender, religion
(including religious dress and grooming practices), national origin,
ancestry, physical or mental disability, medical condition (including cancer
and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression,
political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a
“Protected Characteristic”), 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.
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Consultant shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 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.
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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 include, but are
not 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
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 3 years, or for any longer period required by law, from
the date of final payment to the Consultant to this Agreement.
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9.3 Inspection and Audit of Records. Any records or documents that
Subsection 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 $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 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 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
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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 Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the
previous 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 12 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 California Government Code
Section 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 California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding
public office in the State of California.
At City’s sole discretion, Consultant may be required to file with the City a
Form 700 to identify and document Consultant’s economic interests, as
defined and regulated by the California Fair Political Practices
Commission. If Consultant is required to file a Form 700, Consultant is
hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,
focus group, or interview related to this Agreement, either orally or through
any written materials.
10.9 Contract Administration. This Agreement shall be administered by the
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:
Plant Construction Company, L.P.
Att: Phillip Aguilar, Vice President / Construction Manager
300 Newhall Street
San Francisco, CA 94124
Any written notice to City shall be sent to:
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City of Dublin
Att: Michael Boitnott
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto
and incorporated herein as Exhibit A, and the Special Conditions to this
Agreement attached hereto and incorporated herein as Exhibit B
represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A Scope of Services & Compensation Schedule/Reimbursable
Expenses
Exhibit B Special Conditions to the Services Consulting Agreement
10.12 Counterparts and Electronic Signatures. This Agreement may be
executed in multiple counterparts, each of which shall be an original and
all of which together shall constitute one agreement. Counterparts
delivered and/or signatures executed by City-approved electronic or digital
means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in
accordance with applicable federal and California law. Either Party may
revoke its agreement to use electronic signatures at any time by giving
notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this
contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature
below Consultant certifies that Consultant, and any parent entities,
subsidiaries, successors or subunits of Consultant are not identified on a
list created pursuant to subdivision (b) of Section 2203 of the California
Public Contract Code as a person engaging in investment activities in Iran
as described in subdivision (a) of Section 2202.5, or as a person
described in subdivision (b) of Section 2202.5 of the California Public
Contract Code, as applicable.
10.14 Provisions Required For Public Works Contracts Pursuant To
California Labor Code Section 1720 Et Seq.
A. HOURS OF WORK:
i. In accordance with California Labor Code Section 1810, 8 hours of
labor in performance of the services described in Exhibit A shall
constitute a legal day’s work under this contract.
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ii. In accordance with California Labor Code Section 1811, the time of
service of any worker employed in performance of the services
described in Exhibit A is limited to 8 hours during any one calendar
day, and 40 hours during any one calendar week, except in
accordance with California Labor Code Section 1815, which
provides that work in excess of 8 hours during any one calendar
day and 40 hours during any one calendar week is permitted upon
compensation for all hours worked in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week at
not less than one-and-one-half times the basic rate of pay.
iii. The Consultant and its subcontractors shall forfeit as a penalty to the
City $25 for each worker employed in the performance of the
services described in Exhibit A for each calendar day during which
the worker is required or permitted to work more than 8 hours in
any one calendar day, or more than 40 hours in any one calendar
week, in violation of the provisions of California Labor Code Section
1810 and following.
B. WAGES:
i. In accordance with California Labor Code Section 1773.2, the City has
determined the general prevailing wages in the locality in which the
services described in Exhibit A are to be performed for each craft or
type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and
Research, a copy of which is on file in the City Public Works Office
and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services
described in Exhibit A shall pay no less than these rates to all
persons engaged in performance of the services described in
Exhibit A.
ii. In accordance with California Labor Code Section 1775, the
Consultant and any subcontractors engaged in performance of the
services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker
engaged in the performance of the services described in Exhibit A
that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be
determined by the Labor Commissioner and shall be based on
consideration of the mistake, inadvertence, or neglect of the
Consultant or subcontractor in failing to pay the correct rate of
prevailing wages, or the previous record of the Consultant or
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subcontractor in meeting applicable prevailing wage obligations, or
the willful failure by the Consultant or subcontractor to pay the
correct rates of prevailing wages. A mistake, inadvertence, or
neglect in failing to pay the correct rate of prevailing wages is not
excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or
subcontractor shall pay the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day or
portion thereof for which each worker was paid less than the
prevailing wage rate. If a subcontractor worker engaged in
performance of the services described in Exhibit A is not paid the
general prevailing per diem wages by the subcontractor, the
Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the Consultant
fails to comply with all of the following requirements:
a. The contract executed between the Consultant and the
subcontractor for the performance of part of the services
described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775,
1776, 1777.5, 1813, and 1815.
b. The Consultant shall monitor payment of the specified
general prevailing rate of per diem wages by the
subcontractor by periodic review of the subcontractor’s
certified payroll records.
c. Upon becoming aware of a subcontractor’s failure to pay
the specified prevailing rate of wages, the Consultant
shall diligently take corrective action to halt or rectify the
failure, including, but not limited to, retaining sufficient
funds due the subcontractor for performance of the
services described in Exhibit A.
d. Prior to making final payment to the subcontractor, the
Consultant shall obtain an affidavit signed under penalty
of perjury from the subcontractor that the subcontractor
has paid the specified general prevailing rate of per diem
wages for employees engaged in the performance of the
services described in Exhibit A and any amounts due
pursuant to California Labor Code Section 1813.
iii. In accordance with California Labor Code Section 1776, the
Consultant and each subcontractor engaged in performance of the
services described in Exhibit A shall keep accurate payroll records
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showing the name, address, social security number, work, straight
time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or
other employee employed in performance of the services described
in Exhibit A. Each payroll record shall contain or be verified by a
written declaration that it is made under penalty of perjury, stating
both of the following:
a. The information contained in the payroll record is true
and correct.
b. The employer has complied with the requirements of
California Labor Code Sections 1771, 1811, and 1815 for
any work performed by the employer’s employees on the
public works project.
The payroll records required pursuant to California Labor Code
Section 1776 shall be certified and shall be submitted directly to the
Labor Commission, and available for inspection by the Owner and
its authorized representatives, the Division of Labor Standards
Enforcement, the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available
for inspection in accordance with California Labor Code Section
1776.
iv. In accordance with California Labor Code Section 1777.5, the
Consultant, on behalf of the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A,
shall be responsible for ensuring compliance with California Labor
Code Section 1777.5 governing employment and payment of
apprentices on public works contracts.
v. In case it becomes necessary for the Consultant or any
subcontractor engaged in performance of the services described in
Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant or
subcontractor shall pay the minimum rate of wages specified
therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The
minimum rate thus furnished shall be applicable as a minimum for
such trade or occupation from the time of the initial employment of
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the person affected and during the continuance of such
employment.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons
whose signatures appear below certify that they are authorized to sign on behalf of the
respective Party.
CITY OF DUBLIN PLANT CONSTRUCTION COMPANY,
L.P.
Colleen Tribby, City Manager Chris Rivielle, President
1000575696
Attest:
Consultant’s DIR Registration Number
Marsha Moore, City Clerk
199832800016
Consultant’s Business Entity Number
Approved as to Form:
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
The City of Dublin intends to repair, replace, and improve the exterior building envelope on
several City buildings to modernize facilities and perform needed maintenance. These
improvements include waterproofing, glazing, exterior painting, and roofing.
1. Civic Center Waterproofing
The Civic Center complex was constructed in the late 1980’s, and with time has experienced
water intrusion and routine aging of the components of its exterior envelope, including the
exterior tile wall system, and exterior window and skylight systems. In 2024, the City retained
Axis Building Envelope Design to prepare design documents for this repair work for the
western wing of the Civic Center complex, which are attached here as Project Criteria
Documents describing the scope of work for the Civic Center Waterproofing portion of the
project.
The scope of work is to perform this work for the entire Civic Center complex (it does not
include the Library at the southern part of the site). The scope of work includes phasing,
staging, and protecting the work, and occupants of, the Civic Center complex which will remain
operational during the project.
2. Roofing
The scope of work also includes roofing replacement at several City buildings, as part of
routine roof replacement and maintenance.
3. Exterior Painting
The scope of work includes exterior painting and related minor repairs at several City buildings
to maintain the structures' appearance and to prevent damage caused by moisture infiltration.
4. Minor Exterior Repairs and Replacement Prior to Painting
The scope of work includes repair work, most to be executed prior to exterior painting, to a
number of facilities. This work includes stairways, skylights, stonework, decking, siding,
windows, etc.
5. Civic Center Clock Tower
The scope of work includes demolish and discard or reuse existing exterior stone and metal
cladding; inspect and repair steel superstructure, clean and paint all structural steel, repair of
the existing light gauge metal framing; install new stone and metal cladding over new weather
resistant barrier, sheathing, adhesive, stucco and lath; add ventilation, remove existing
electrical and lighting system; install new electrical and lighting system; remove, remediate,
store and reinstall existing clock faces.
A. Overview and General Requirements
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1. City intends to design and construct exterior building upgrades to City of Dublin buildings
and facilities as more fully described below. Professional design skills and preconstruction
services are essential for the proper and satisfactory execution of this project. For this
reason, City is entering into this Agreement with Consultant.
2. As provided in Section 1.3 of the Agreement, Project Personnel,
subconsultants/subcontractors retained by Consultant must be authorized in advance, in
writing by City’s Department Head. Consultant shall direct tasks and activities of its
authorized subconsultants/subcontractors and ensure that the tasks, activities and/or
products required by this Agreement are completed in a timely manner and in accordance
with the applicable standard of care for the given subconsultant/subcontractor.
Notwithstanding the authorization for work to be performed by a particular
subconsultant/subcontractor, Consultant is solely responsible for the performance of all
services and delivery of all products under this Agreement.
3. Work shown or specified in reports, drawings, and specifications must comply with all
requirements of the City of Dublin Municipal Code, applicable State and Federal codes and
regulations, and the local fire district and utility companies or districts having jurisdiction
over the project or area in which the project is located.
Project Description
Civic Center Exterior Envelope:
1. Storefront/glazing:
a. Remove and replace original storefront and sloped glazing in kind, size and location. Install
liquid-applied flashing at rough openings and galvanized sheet metal (GSM) flashing in full
sealant embed. Install backer rod and Sealant at rough opening perimeter
b. At existing storefront to remain, remove and replace sealants at storefront rough opening
perimeter. Install Backer rod and sealant following liquid-applied at rough openings.
c. Alternatively, remove and replace all storefront units in kind, size and location. Install
liquid-applied flashing at rough openings and GSM flashing. Install backer rod and sealant
at rough opening perimeter.
d. Work at new storefront work installed as part of the current Cultural Arts Center project is
excluded.
2. Remove and replace backer rod and sealant at vertical control joints at concrete masonry unit
(CMU) wall and stone veneer. Remove and replace backer rod and sealant at base of exterior
wall and horizontal sealant between CMU and stone veneer. Install silicone coating over
CMU.
3. At second floor exterior building walls and inside face of parapet, remove and replace sealant
joints. Route and seal open cracks up to 1/8" wide. Install silicone coating over plaster.
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4. At existing metal panels, remove and replace sealant joints at walls, cladding transitions and
parapet caps. Install Silicone coating over metal panel parapet coping.
5. At stone parapet caps remove and replace 100% joint backer rod and sealant.
6. Remove and replace deteriorated mortar joints at stone and CMU walls and stone parapet
caps. Inspect joints in field and replace deteriorated joints as required. Tuckpoint with in-kind
mortar grade, strength, texture and color.
7. Prepare and clean all exterior surfaces and install silicone coating at stone veneer, CMU and
plaster surfaces. Install silicone coating over all parapet caps. Provide final construction-
grade cleaning following approved punchlist.
8. All penetrations to have sealant removed, annular space cleaned, and detail coated with
silicone coating. Install backer rod and sealant.
Roofing:
1. Heritage Museum & Storage Building: architectural asphalt shingle & gutter replacement
2. Old St. Raymond Church: 3-tab asphalt shingle
3. Kolb House: add period correct gutters and downspouts (likely wood) and SD to collect
downspout runoff.
4. Sunday School Barn: add period correct gutters and downspouts (likely wood) and SD to
collect downspout runoff
5. Senior Center: TPO at all roofs except standing seam. Standing seam roof should be
evaluated and determine if repairs are warranted (note flat roof has solar panels).
6. Fire Station 16: TPO flat roof (note flat roof has solar panels). Standing seam roof should be
evaluated and determine if repairs are warranted.
6. Library: Water testing and remediation leaks at the following:
1) Standing seam roofing
2) Gutters
3) PV solar attachments
Minor Exterior Repairs and Replacement Prior to Painting
1. Kolb House *
• Repointing the brick chimney
• Repairs/restore to historic window
• Repairs to horizontal wood siding
• Repairs to wood decking
2. Old St. Raymond’s Church *
• Replace wooden ramp walking surface
• Repairs to wood decking/stairs
3. Museum/Schoolhouse *
• Replace wooden ramp walking surface
• Repairs to wood decking/stairs
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• Door and window repair/restore
• Repairs to horizontal wood siding
4. Civic Center City Hall
• Replacement of five skylights
5. Wave
• Replacement of cracked fiber cement horizontal siding
7. Library
• Stone wainscoting recaulking and sealing
* Work on historic buildings will need to comply with The Secretary of the Interior's Standards
for the Treatment of Historic Properties.
Painting:
This project will include exterior painting and repair work at the following locations:
1. Heritage Museum
2. Old St. Raymond's Church
3. Kolb House
4. Senior Center
5. Fire Stations 16, 17, and 18
6. The Wave Waterpark and Aquatic Center
7. Dublin Public Library
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Supplemental Scope of Work
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For this Project, the City will utilize a Progressive Design-Build procurement method wherein a
single entity will provide both the design and construction of the Project pursuant to Public
Contract Code section 22172.
B. Time
Consultant understands and agrees that time is of the essence in this agreement and that the
services shall start immediately upon full execution of this Agreement. Consultant shall perform
the services expeditiously and with the adequate forces and shall complete the services within
the time specified in Sections 3 and 13 of this Agreement.
C. Scope of Services
The Scope of Services for this Agreement only includes services during the Preconstruction
Phase. The Preconstruction Phase is defined as the period following the award and execution
of this Agreement to a Consultant for a progressive design-build project in which the
Consultant completes the necessary design activities and any preconstruction activities to
produce a Guaranteed Maximum Price (GMP).
Services include, but are not limited to, providing design services, preconstruction services,
project management services, labor, hazardous materials assessment as required, limited
destructive field investigations if needed, coordination, materials, tools, and equipment as
necessary to produce a GMP.
DEFINITIONS
The following terms are used throughout Exhibit A and are defined as follows:
Agreement: The written and executed document known as the Agreement by and between
Consultant and City, together with those Contract Documents identified therein and any
Change Orders or Amendments thereto made in writing, signed by the parties, and approved
as required. The terms Agreement and Contract are used interchangeably throughout this
document.
Contract Documents: The Contract Documents form the Contract for the Project and consist
of the Agreement, together with those documents set forth in the Agreement and any Change
Orders or Amendments thereto made in writing, signed by the parties, and approved as
required.
Design-Build: A project delivery process in which both the design and construction of a
project are procured from a single entity.
Design-Build Budget: The budget amount established by the City that represents the total
cost for the Project, including the cost to perform all activities necessary to complete the
Preconstruction Phase and the Final Design and Construction Phase.
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Design-Build Entity (DBE): A partnership, Limited Liability Company, joint venture,
corporation, or other legal entity that is able to provide appropriately licensed contracting,
architectural, and engineering services as needed pursuant to a Design-Build Contract.
Final Design and Construction Phase: The remaining design and preconstruction activities
necessary after the
Preconstruction Phase, and all construction activities necessary to complete construction and
closeout of a Progressive Design-Build Project.
Guaranteed Maximum Price (GMP): The maximum payment amount agreed upon by the City
and the DBE for the DBE to finish all remaining design, preconstruction, and construction
activities to complete and close out the Project.
Preconstruction Phase: The period following the award of a contract to a DBE for a
progressive design-build project in which the DBE completes necessary design activities and
any preconstruction activities to produce a GMP.
Progressive Design-Build: A project delivery process in which both the design and
construction of a project are
procured from a single entity that is selected through a qualification-based selection at the
earliest feasible stage of the project.
Project Criteria: The information that describes the scope of a proposed design-build Project
and includes, but is not limited to: the size, type, and design character of the buildings and site;
the required form, fit, function, operational requirements, and quality of design, materials,
equipment, and workmanship; and, any other information deemed necessary to sufficiently
describe the City’s needs. Project Criteria may include concept drawings, including schematic
drawings or architectural renderings, that are prepared in the detail necessary to sufficiently
describe the City’s needs.
PRECONSTRUCTION PHASE
A. GENERAL
1. The Scope of Services includes, but is not limited to, providing design services,
preconstruction services, project management services, labor, hazardous materials
assessment as required, limited destructive field investigations if needed, coordination,
materials, tools, and equipment as necessary to produce a GMP and to complete the
Preconstruction Phase of the Project.
2. Consultant shall perform all services identified herein, together with any related services
necessary to achieve the standard of care and workmanship required by the terms of
the Agreement.
3. Consultant shall certify that all Design Submissions, construction documents, or other
related project documents are coordinated with all contributing subcontractors and
consultants, whether they are contracted directly with the Consultant or not and must
ensure quality assurance.
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4. Necessary accommodations must be made to ensure the facility’s operations and
activities are minimally impacted during the design and Preconstruction Phase activities.
B. BASIC SERVICES
Consultant agrees to provide all services required by and in accordance with the Scope of
Services, and such related and incidental services which are necessary to meet its obligations.
Such services include those professional services of an architectural, engineering, or land
surveying nature, as well as incidental services that members of these professions and those
in their employ may logically or justifiably perform. Such services shall be performed in phases,
with each succeeding phase begun only upon authorization to proceed given by City.
Consultant shall:
1. Consult, as necessary, or as directed by City, with representatives of City relative to the
development of Guaranteed Maximum Price (GMP), design and construction of the
Project.
2. Consultant shall fully cooperate and coordinate with other consultants to facilitate
performing their respective agreements and shall not commit any act that will interfere
with the performance of the work of any other consultant or City employee. City may
undertake or award other agreements for the design, coordination or construction
management of other work related to the Project.
3. Field check existing conditions as required to complete the work of this Agreement. All
field checks of existing conditions shall be documented by means of a report. The report
must identify the existing conditions found and list recommendations or plans of action.
4. Contract for, at Consultant's expense, Subconsultants/Subcontractors to the extent
deemed necessary for design of the Project including mechanical, electrical, structural,
and civil engineers (licensed as such by the state of California), industrial designers,
and all other Subconsultants/Subcontractors necessary for development of the Project.
The names of said Subconsultants/Subcontractors shall be submitted to City for
approval prior to commencement of work. Personnel provided shall be consistent with
personnel identified in Consultant’s Statement of Qualifications dated April 7, 2025. City
reserves the right to reject the use of any Subconsultant/Subcontractor.
5. Be responsible for the professional quality, technical accuracy and the coordination of
all analyses, reports, studies, surveys, plans, designs, drawings, specifications, and
other deliverables and services provided by the Consultant under this Agreement. The
Consultant shall, without additional compensation, correct or revise any errors or
omissions, and incorporate responses to City review comments in provided deliverables
until the deliverables are accepted by City.
Documents shall be prepared in full compliance with all applicable building codes,
ordinances, and other requirements of regulatory authorities. The documents produced
shall, at a minimum, comply with all applicable California State Building Codes, to
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include, but not be limited to, Title 8 (Industrial Relations), Title 15 (Crime Prevention
and Corrections), Title 17 (Public Health), and Title 24 (Building Standards).
6. Prepare all documents for licenses or permits for facilities under Consultant’s design
that may be required to comply with Federal or State regulatory agencies' laws, codes
and regulations, and City ordinances. City will be responsible for payment of all
applicable licensing or permit fees during the Preconstruction Phase.
7. Use design drawings, specifications or calculations provided by City, when requested by
City to do so. Unless otherwise directed in writing, Consultant shall review for
correctness and completeness such designs and any other design data, drawings,
specifications, and calculations provided by City. Consultant shall correct any errors or
omissions as approved by City and shall be responsible therefore to the same extent as
if such materials had been provided by Consultant under this Agreement. Consultant
may be provided with applicable change orders, proposed change orders, clarifications,
and data from previous projects. Consultant shall incorporate all pertinent material as
approved by City into the new drawings and specifications. If Consultant has provided
design services to City on previous projects and has designs similar to components of
this Project, which are in Consultant's charge, upon approval of City, Consultant shall
modify and reuse those existing designs as much as possible.
8. Provide sufficient design and engineering data to City in the time specified to enable
design compatibility with other consultants, which may be employed on this Project.
9. Consultant, unless otherwise mutually agreed, shall be the main point of contact for
permitting through the applicable approving agencies and authorities having jurisdiction.
C. PROJECT SCHEDULE
1. Consultant will provide a Baseline Project Schedule, representing all tasks necessary to
complete the Project within the Project durations as outlined in the Request for
Qualifications from Design-Build Entities for a Progressive Design-Build for the City of
Dublin Exterior Improvements Project dated April 7, 2025 (Part III. B Preliminary Project
Schedule). The schedule shall include tasks for the Preconstruction Phase and the Final
Design and Construction Phase.
a. The schedule shall utilize the Critical Path Method.
b. The Baseline Project Schedule must include a summary of milestone tasks by all
parties, regulatory and City approvals, reasonable durations for document
review, risk, affecting the Project, phases of construction, significant milestones,
and consultant/contractor selection.
2. Consultant and City agree to establish and define specific milestones and phases for
review and approval throughout the design process to ensure a continuous flow of work
in alignment with the progressive design build process.
3. Consultant shall report proactively on potential schedule impacts and recommend
potential solutions to schedule problems.
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4. The Schedule shall be updated and submitted to the City, no less than monthly.
5. Each schedule shall be submitted in the format and method approved by the City.
6. The Consultant shall utilize Primavera Project Planner for Windows software (P6) by
Primavera Systems, Inc., unless the City’s Representative approves otherwise.
Consultant shall provide request and description of any alternative scheduling program
to City for approval.
7. The Consultant shall review the Project Schedule with the City’s Representative
regularly and notify the City of potential schedule risks in a Risk Matrix developed by
Consultant and approved by City.
8. Consultant shall actively evaluate the schedule and identify schedule efficiencies. When
schedule efficiencies are identified, Consultant shall recommend modifications to the
schedule that would expedite Project completion including Preconstruction Phase.
9. Consultant shall use this schedule to plan and conduct the work and shall submit an
update with each submittal of a fee invoice.
D. COST CONTROL MANAGEMENT
1. As an initial task, the Consultant, shall review the Design-Build Budget and determine if
it is sufficient to plan, design and construct the Project. The Consultant shall submit the
initial budget review within 14 days of the NTP.
a. The Consultant shall prepare a cost estimate and evaluate the estimate against
the Design-Build Budget and recommend, if necessary, the appropriate action to
avoid potential cost overruns.
2. The Consultant shall monitor the budget as compared to the Project scope throughout
the Preconstruction Phase.
3. Consultant shall recommend potential Project savings to the City.
a. Recommendations for proposed savings shall be accompanied by a firm quote
and shall include any applicable additional services required due to the changes,
and any required changes to the schedule.
b. Cost proposals for Project savings shall be as proposed by the Consultant and
approved by the City. Acceptance of a suggested savings will be determined at
the sole discretion of the City.
4. The Consultant shall establish target cost values for the components of the Project in
accordance with Association of the Advancement of Cost Engineering (AACE). Tracking
of those values shall be reported in a format approved by the City.
a. If changes are suggested to the Project scope that may cause Project cost
overruns, Consultant shall notify the City in writing as part of the regular project
meetings.
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5. Consultant shall make estimating information regularly available to the City so that the
City can consider cost wherever possible throughout the planning, development, and
design of the Project.
a. Cost Estimates will be required during preconstruction with detail consistent with
that level of development defined by the AACE Cost Estimate Classification
System. (Class 1 detailed unit cost with detailed take off)
b. The Consultant shall submit cost estimates no less than every four weeks.
6. If the Consultant identifies potential cost overruns, Consultant shall notify the City as
part of regular development and coordination meetings.
E. MEETINGS AND CONFERENCES
1. The meetings and conferences listed should be considered as minimum
recommendations and convey the City’s interest in their content and purpose. The
Consultant should expand and modify as appropriate.
2. During the Preconstruction Phase, the Consultant shall provide an outline for meetings
and conferences, processes and procedures, and how they will be incorporated and
utilized in the Project.
3. Project Kickoff Conference: The objective of this meeting is to introduce the Project
team members, confirm understandings, roles, responsibilities, schedules, emergency
contacts, partnering, neighborhood awareness and outreach, and to review the
procedural requirements of the Project as established by the contract requirements and
the PMP. The Consultant will conduct the Project Kickoff Conference within 14 calendar
days after the Notice to Proceed. It will be attended by the Consultant, the City’s Project
team, including the Construction Project Manager, and others as appropriate. The
Consultant will, with input from the Construction Project Manager, prepare the agenda.
The Consultant will prepare and distribute the meeting minutes no later than three
business days after the meeting is held. The City shall be a participant in all meetings.
4. Design Meetings: The objective of these meetings is to proactively facilitate the
Consultant’s liaison with the City’s Project team and subconsultants for the purposes of
design discussion during schematic design, design development, completion of design
development and construction documents, and to establish a mutually acceptable
review procedure. These meetings shall also serve to review and affirm modifications to
existing building systems and identify design clarifications prior to development of the
construction documents. These meetings are to be held at a mutually agreed upon
location. Consultant shall meet at least weekly with City, City representatives, and
consultants and provide such information as necessary to inform City of the Project
design status and obtain City input and approval regarding design issues. Attendees
shall include appropriate members of the Consultant, City, and others, as appropriate.
Consultant will prepare and distribute the agenda and minutes. Meetings will include an
overview of the Consultant’s look ahead schedule. Meeting minutes to be distributed no
later than three business days after such meeting is held.
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5. Weekly Progress Meetings: The objective of these meetings is to review and monitor
progress, procedures, issues, schedules, and other concerns/issues of the Project.
Attendees shall include appropriate members of the Consultant, City, and others, as
appropriate. City’s Construction Project Manager will prepare and distribute the agenda
and minutes. Meetings will include an overview of the Consultant’s look ahead
schedule.
6. Payment Application Meeting: Each month the Consultant shall attend a payment
meeting with the City’s Representative to agree on the percentage of the work
completed during the current month to establish an amount to be requested in the
Application for Payment.
7. Contractor shall attend meetings for each phase of work as required below and submit
to the City meeting minutes for all Consultant lead meetings in a format acceptable to
the City.
8. Consultant shall set up a preliminary meeting, as applicable, with: the City of Dublin
Building Department, Alameda County Fire Department (ACFD), Dublin San Ramon
Services District (DSRSD), Pacific Gas and Electric (PG&E), AT&T, and Comcast to
review submittal requirements, project scope, proposed schedule, and review the permit
process.
a. The Consultant shall attend pre submittal review meetings with the ACFD in the
Preconstruction Phase and shall present the fire and life safety code analysis
and design approaches to ACFD for preliminary review.
b. The Consultant shall schedule a kickoff meeting with PG&E in the
Preconstruction Phase and shall present the power and gas design approaches
to PG&E for preliminary review.
F. PERIODIC REPORTS
1. The Contractor will cooperate with the City and assist in preparing monthly/periodic
Project reports required by the City, its committees, or community based organizations
as determined by the City.
2. On a monthly basis, the City’s Construction Project Manager shall produce a Monthly
Report that updates the City on the work accomplished during the prior monthly period.
The Consultant shall provide information (e.g., design progress, project cost including
status of estimating and value engineering efforts, schedule updates, project issues that
may impact cost/schedule) as necessary to include in the Monthly Report.
G. ENVIRONMENTAL HAZARD PLAN
1. The Consultant shall develop a plan for communication and coordination with the City to
mitigate and control environmental hazards that may be encountered during the Project.
2. Establish site specific procedures for the responsible management of hazardous
materials and waste involved in the construction of the Project from points of generation
to ultimate disposition.
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3. The plan should include the hazardous materials abatement in the demolition plans.
H. SITE INVESTIGATIONS
1. Consultant shall perform any necessary site investigations, surveys, and studies to
thoroughly verify all known site conditions, identify unknown conditions, and collect
information and data necessary to develop the GMP for the Project.
2. When required for site investigation, Consultant shall locate and protect control points
prior to starting the investigations and preserve permanent reference points throughout
the Project and shall require the engineer or surveyor to replace control points which
become lost or destroyed.
3. Any destructive testing or exploration as required during the Preconstruction Phase will
need to be patched and/or repaired to the original condition unless directed otherwise
by the City. Provide photo documentation of the original condition prior to the
destructive investigation work.
I. DESIGN
1. The Consultant shall meet with the City to review the design process required to meet
the project critical success factors and criteria requirements. Process shall address the
operational needs of the facility, need for stakeholder reviews, phasing, and lead times
required to complete the work within the Project schedule.
2. Validation Period: Prior to start of design, Consultant and City will engage in a validation
period to identify potential project risks and establish early alignment on cost, schedule
and scope. Outcomes include establishing the following:
a. Target Budget
b. Target Scope
c. Target Schedule
d. Deferred Scope not included in Target Scope
3. Consultant shall work with the City to identify all stakeholders and their level of
engagement for design during Preconstruction.
4. The City’s Representative shall support coordination with stakeholders.
5. The Consultant shall provide design services that will best achieve the City’s needs,
function, quality, performance, and to confirm the Design Build Budget and schedule.
6. The Consultant shall hold meetings with the City, City representatives, consultants and
stakeholders as needed to develop a design that is approved by the City.
7. The Consultant shall incorporate approved items and processes from the City of
Dublin’s Department of Public Works as applicable (Exhibit A).
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8. The Consultant shall create a Responsibility Matrix including fixtures, furnishings, and
equipment.
9. The design must reflect the requirements of the City, all stakeholders, and end users.
The City, City Representatives, and consultants will review the design and provide
comments. Consultant shall reconcile or incorporate all City, City Representatives, and
consultants’ comments until accepted by the City.
10.Contractor shall identify any subsequent required environmental permits and
clearances, and prepare permit applications and provide technical information for
securing such permits or clearances. This shall include the development and
implementation of Best Management Practices (BMPs) for dust control, hazardous
material abatement, and sediment control consistent with California Storm Water
Quality Association (CASQA) Best Management Practice Handbook, Storm Water
Pollution Prevention Plan, Storm Water Management Requirements (SWR), and other
authorities as required.
11.Consultant shall provide a copy of agreements with architects, engineers, and
subconsultants/subcontractors to the City.
12.The necessary design services shall be apportioned into the Preconstruction Phase to
support the development of the GMP. The anticipated design submissions are listed in
Paragraph 14.e. Design Submissions. Consultant shall manage the services provided
so that the transition between phases is seamless. The design services may be
provided under either or both contract phases and in many instances will be started in
the Preconstruction Phase and completed in the Final Design and Construction Phase.
13.Provide services to develop plan layouts to reflect the requirements of all stakeholders
and end users. Consultant shall provide architectural, engineering, and consulting
services as required to construct the Project in accordance with all stakeholder
requirements, good practices, applicable building codes, and the Project Criteria.
14.Design Submissions
a. Consultant shall prepare Design Submissions to the level of development
consistent with the AIA guidelines.
b. Consultant shall separately identify in writing at the time of each of its formal
submissions of Design Documents, any portions thereof that by reason of
information contained or omitted constitute deviations from the requirements of
the Project Criteria, design intent or approved deviations previously approved by
City.
c. All Design Submissions shall be submitted in a format and file type approved by
the City.
d. Specifications shall not contain restrictions that will limit competitive
subcontractor bids. Where articles, materials, and equipment are identified by
brand names, at least two brand names shall be specified, and shall be followed
by the words “or equal”. Exceptions shall only be as permitted by California
Public Contract Code section 3400.
e. Design Submissions shall be required to be submitted to the City at:
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i. Design Development (100%)
f. Provide Basis of Design/Systems Confirmation
i. The Consultant shall develop and provide a Systems Confirmation and
Basis of Design Submittal with the City as soon as practical after the
Preconstruction Phase starts. This Submittal will validate the design
direction and identify the final Basis of Design for the City’s review and
approval. The Systems Confirmation and the Basis of Design shall be
complete for all disciplines. These documents shall depict the materials,
equipment, design, layout, and general conditions of each scope of work
in sufficient detail to confirm compliance with the City provided references
including but not limited to the Performance Criteria.
g. Provide Design Documentation
i. Site Plan: Overall site plan including the size and locations of all proposed
elements. Provide plans showing the following site elements:
1. Prepare Code Analysis Plans to show compliance with codes
including CalGreen, accessibility, Alameda County Fire Department
for fire access, fire separation, firefighting, and circulation.
h. All submission of documents shall be subject to review by the City, City
representatives, and consultants.
i. Review meetings between the Consultant and the City to review the
Design Submissions shall be scheduled and held so as not to delay the
Work. Such review shall not relieve the Consultant from its responsibilities
under the Agreement.
ii. Such review shall not be deemed an approval or waiver by the City of any
deviation from, or of the Consultant’s failure to comply with, any provision
or requirement of the Contract Documents, unless such deviation or failure
has been identified as such in writing in the document submitted by the
Consultant and approved in writing by the City.
iii. Consultant must incorporate, clarify, or reconcile all design review
comments provided by the City.
i. Submit quality review check and final drawings to City at all phases of the project
for review. Prior to submittal, documents must have been reviewed by Consultant
for compatibility, professional quality, technical accuracy, coordination, and
continuity in design, as well as construction phasing/sequencing. This applies to
all submittals made to City. Submissions shall be in digital (pdf) format per
current industry standards.
j. All drawings, specifications and calculations submitted to City shall contain a
statement that the document has been reviewed for professional quality,
technical accuracy, completeness and coordination within and between
disciplines and coordination with other City consultants. The statement shall be
signed by the respective licensed person for that discipline. This applies to all
submittals made to City.
J. GUARANTEED MAXIMUM PRICE (GMP)
1. The GMP proposal will include a written statement of its basis which shall include:
a. A list of all the documents used to prepare the GMP proposal.
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b. A list of clarifications and assumptions made by the Consultant in preparation of
the GMP to supplement the information in the Construction Documents.
c. A detailed breakdown of all Project costs included in the GMP in a format and
level of detail approved by the City.
d. Any other information required by the City to define or evaluate the GMP.
e. The GMP shall be organized by trade buy out categories, contingencies, and
other items that comprise the GMP, including but not limited to trade buy-out
packages and CSI masterformat summaries.
f. The date of contract completion which the GMP is based, and a schedule of the
construction documents issuance upon which the completion date is based.
g. Consultant shall provide price breakdown in the level of detail as required for
City’s evaluation of fee items including but not limited to:
i. General Conditions
ii. General Requirements
iii. Design Contingency
iv. Construction Contingency
v. Bonds and Insurance
vi. General Contractor Fee
2. Elements within this Preconstruction Phase scope of services may be modified or
removed by mutual agreement between the Consultant and the City to support the
earliest and most efficient development of the GMP (e.g., 100% Design Development
Submission may be removed if GMP can be developed at an earlier stage of the
design).
3. The GMP must not exceed the Design-Build Budget.
4. City and Consultant will negotiate the final terms of the GMP.
a. The City will review the GMP Proposal and provide comments.
b. The Consultant shall reconcile, incorporate, or respond to all City comments.
c. In the event the City and the Consultant do not agree to a GMP, the City may
solicit proposals to complete the Project from other firms. Any and all criteria,
information, documentation, deliverables, or other product developed as part of
the Preconstruction Phase shall become the sole property of the City and may be
used by the City to complete and close out the Project at no additional costs or
expense to the City.
K. PROJECT CRITERIA DOCUMENTS
1. During the development of the GMP, the Contractor will develop its Design and
Construction Documents using the City provided Project Criteria Documents. The
Consultant shall maintain a log of all changes to the Project Criteria documents and
shall submit and review the log with the City during the weekly meetings.
L. SUBCONTRACTOR PACKAGE BUYOUT PLAN AND RELATED INFORMATION
1. Consultant shall prepare a subcontractor package buyout plan that includes a
description of how they intend to approach subcontractor package buyout to maximize
values and meet City procurement requirements. The plan shall outline the trade
packages, buyout sequence, and anticipated dates of award. The buyout activities shall
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be included in the baseline Project schedule.
M. OUTREACH PROGRAM
Reserved.
N. COMMUNITY WORKFORCE AGREEMENT (“CWA”) POLICY
This project will be subject to the Community Workforce Agreement (“CWA”) policy adopted by
the City of Dublin, which applies to all construction projects of $1 Million or more awarded by
the City Council. If the contract award, including any bid alternates awarded by the Board,
totals $1 Million or more, as a condition of the contract award, the successful bidder must sign
the CWA acknowledgement/certification supplied by the City.
The Consultant and each Consultant member and its subcontractors will be required to
execute the City’s standard Community Workforce Agreement (CWA) adopted by the City of
Dublin City Council. The Consultant entering into a CWA is in lieu of the Consultant providing
an enforceable commitment to the City that it and its subcontractors at every tier will use a
skilled and trained workforce to perform all work on the project as required by Public Contract
Code section 22172(b).
O. OTHER REQUIREMENTS
Deliverables requiring submission and review during the Preconstruction Phase, include, but
are not limited to, the following:
1. Project Schedule
2. Cost Estimates
3. Environmental Permits and Clearances
4. Environmental Hazard Plan
5. Information as necessary to assist City in producing various reports and the PMP
6. Design Documents
7. GMP and Supporting Documents
8. Conformed Project Criteria
9. Subcontractor Buyout Package Plan
10.Other items as applicable
FINAL DESIGN AND CONSTRUCTION PHASE (NOT IN CONTRACT)
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PROJECT CRITERIA DOCUMENTS
1. Project Overview
The City of Dublin intends to perform exterior building upgrades including waterproofing,
roofing, exterior painting, and structural repairs at multiple City facilities. The project will be
executed under a Progressive Design-Build (PDB) delivery method.
2. Project Objectives
- Ensure the long-term integrity and aesthetic of public facilities.
- Maintain operational status of facilities during construction.
- Comply with regulatory, historic preservation, and safety standards.
3. Project Scope Summary
- Civic Center Waterproofing: Replace/storefront glazing, sealants, and apply coatings.
- Roofing: Replacement at multiple buildings including shingle and TPO systems.
- Painting & Repairs: Exterior painting, repairs to wood/stone siding, and compliance with
historical standards.
- Preconstruction Services: Design development, cost control, stakeholder coordination, GMP
development.
4. Key Project Phases
A. Preconstruction Phase
- Validation of schedule, scope, and budget
- Design development and coordination with stakeholders
- Site investigations and permitting
- Monthly cost estimates and progress reports
B. Final Design & Construction Phase
- Completion of construction documents
- Construction based on the Guaranteed Maximum Price (GMP)
5. Progressive Design-Build Criteria
Design-Build Entity (DBE) Qualifications
- Must include licensed professionals for architecture and engineering
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- Experience in occupied facility renovations and historical preservation
- Capable of producing cost-effective designs within budget and schedule
Responsibilities
- Deliver phased design services with City approvals at milestones
- Develop a Baseline Schedule using Primavera (P6)
- Provide monthly updated schedules and risk assessments
- Establish a Responsibility Matrix for FF&E
- Manage design compliance with Title 24, ADA, and all relevant codes
- Hold stakeholder and coordination meetings
- Maintain alignment with Project Criteria and City objectives
6. Performance Standards
- All services to meet professional standards and applicable codes
- Deliverables to be complete, coordinated, and constructible
- Consultant to be solely responsible for the quality and accuracy of work
7. Cost and Budget Control
- Review initial Design-Build Budget
- Provide monthly cost estimates per AACE Class 1
- Recommend value engineering options
- Submit formal GMP proposal with all supporting documentation
8. Project Criteria
The DBE must use the “Project Criteria Documents” (e.g., Civic Center waterproofing
documents, referenced in the agreement) as the baseline for scope and design.
9. Meetings and Reporting
- Kick-off within 14 days of NTP
- Weekly design and progress meetings
- Monthly progress reports covering cost, schedule, and issues
- Support City’s Monthly Report and public communication
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10. Design Submissions
- 100% Design Development
- Systems Confirmation and Basis of Design
- Permit and code compliance documentation
- Reconciliation of all City review comments
11. Legal and Compliance Requirements
- Compliance with California Labor Code (Section 1720 et seq.)
- Registration with the Department of Industrial Relations
- Adherence to prevailing wage and work hour laws
- Environmental hazard control and abatement plan
12. Deliverables
- Baseline Schedule and updates
- Design documents and cost estimates
- GMP proposal and supporting data
- Permitting and code analysis documents
- Final construction-grade documents and QA/QC reviews
13. Documents
The following documents are incorporated by reference:
1. Dublin Civic Center Clock Tower Condition Assessment Report
Prepared by Axix Building Envelope Design, Inc. January 31, 2025
2. Dublin Arts Center Exterior Envelope Repairs
Prepared by Axix Building Envelope Design, Inc. May 15, 2024
Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6
May 7, 2025 Exhibit A Page 27
PAYMENT PROVISIONS, PROJECT PERSONNEL AND BILLING RATES
I.PAYMENT PROVISIONS
A. Payments for services will not exceed Payment Limit specified in Section 2 of this Agreement.
In addition, payments will not exceed the following amounts for each phase or period indicated
below unless approved in writing by the City. The City shall authorize the use of allowances
prior to beginning any work associated with the identified allowances:
Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6
May 7, 2025 Exhibit A Page 28
Grand total including reimbursables and allowances is $731,320.00
B. Unless otherwise agreed, Consultant shall submit to the City, during the final week of each
payment period, an electronic draft request for payment projected out through the end of the
payment period. The City and Consultant shall meet to review the draft request for payment to
reach consensus on percentage completion. The Design Builder shall revise and resubmit
Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6
May 7, 2025 Exhibit A Page 29
request for payment to include agreed upon percentages complete.
C. Neither City’s right to review and comment upon the work of Consultant, nor the review of,
approval of, acceptance of, or payment for the services required under this Agreement, shall
be construed to operate as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance or nonperformance of this Agreement.
D. City’s payment of the Contract Amount includes payment for any expenses Consultant may
incur in performing the services under this agreement, and City will not reimburse Consultant
for expenses it or its subconsultants’/subcontractors’ time and expenses for transportation
between Consultant’s and its subconsultants’/subcontractors’ various offices. Costs for such
transportation are deemed covered by the Contract Amount.
E. If City requires additional services outside of the scope of services, City and Consultant will
develop a scope of services describing the services, and Consultant will charge City at the
rates set forth in Attachment 1 (Billing Rates) to this Appendix B (Payment Provisions).
II. PROJECT PERSONNEL AND BILLING RATES
A. Consultant’s personnel positions assigned to the Project and their billing rates are set forth
below.
POSITION BILLING RATES
Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6
May 7, 2025 Exhibit B Page 1
EXHIBIT B
SPECIAL CONDITIONS TO THE CONSULTING SERVICES AGREEMENT
The parties to the Agreement agree that the following special conditions are incorporated into the
terms of this Agreement and are part of this Agreement.
ARTICLE 1: EXTRA SERVICES
A. When authorized by a written Amendment to this Agreement, the following extra services and
fees shall be mutually agreed upon in accordance with the rates specified in the Labor Rate
Schedule, Appendix B, and Article 1.D. below.
1. Revisions to approved design and Working Drawings to accommodate changes,
excluding corrections of errors or omissions by Consultant or changes initiated by
Consultant, when so directed by City.
2. Preparation of measured drawings of existing structures, except as required for
planning the additions or alterations thereto listed in the Scope of Services, Appendix A.
3. Selection of movable furniture, equipment, or other articles which are not otherwise
included in a construction Agreement or required by the Scope of Services listed in
Appendix A.
4. Additional services necessary to correct defects in or damage to the Project, excluding
corrections arising from the errors or omissions of Consultant.
5. No additional compensation shall be allowed for delays caused by the errors and
omissions of the Consultant.
B. If City makes any changes or expansions to the Scope, which results in an increase in the
work currently in Consultant’s charge, any additional fee and/or time shall be negotiated
commensurate with the work required to be performed by Consultant, provided that a cost/time
proposal is submitted in accordance with Article 1.C.
C. For any services Consultant considers additional, Consultant shall submit a written notice to
the City stating that Consultant considers the work to be additional services. This notification
from Consultant must be received within 10 calendar days of receiving verbal or written
direction and must specifically describe the scope of such services. In addition, the Consultant
must submit a cost proposal, in the format designated by City, within 30 calendar days of
receiving verbal or written direction. Failure by Consultant to furnish such written notice and
cost proposal within the timeframes specified herein shall constitute a waiver of Consultant’s
right for additional compensation.
D. In the event Consultant believes that it has been directed to perform extra services and City
believes the work to be within the current Scope of Services, Appendix A, or in the event that
the parties cannot agree upon the appropriate compensation for services which both parties
agree are extra, Consultant agrees to begin, continue and complete any and all outstanding
Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6
May 7, 2025 Exhibit B Page 2
work pending resolution of the dispute.
ARTICLE 2: CHANGES AND AMENDMENTS
A. Any change required and performed under the direction of City, within the existing Scope of
Services and without an Amendment, shall be accomplished under the then-current
Agreement price.
B. The rates reflected on the Labor Rate Schedule, Appendix B, which include overhead,
administrative costs and profit, shall remain in effect for one (1) year from the date of this
Agreement. Rates are subject to a negotiated increase thereafter and shall be utilized in
arriving at the negotiated fee for Extra Services. Failure on the part of Consultant to submit a
timely proposal shall result in all work being done at the current rate.
ARTICLE 3: CONSULTANT STAFF
A. In accordance with Section 1.3 of the Agreement, Consultant has been selected to perform the
work herein because of the skills, experience, and expertise of key individuals. Consultant
shall prepare an Organization Chart, identifying key members of its firm and
Subconsultants/Subcontractors including their titles. Personnel provided shall be consistent
with personnel identified in Consultant’s Statement of Qualifications dated April 7, 2025.
B. Consultant shall designate a qualified, experienced senior staff member satisfactory to City as
the Project Manager who shall, so long as the performance of that staff member continues to
be acceptable to City, remain in charge of the services for the Project from beginning of
program development and design through completion of Construction Support Services
provided for in this Agreement.
C. Consultant must furnish the names of all lead or key people in Consultant’s firm that will be
associated with this Project. If the designated Project Manager or any other designated
key/lead person fails to perform to the satisfaction of City, upon written notice, Consultant will
have 10 calendar days to remove that person from the Project and replace that person with
one acceptable to City.
D. A Project Manager and all lead/key personnel for any Subconsultant/Subcontractor must also
be designated by that Subconsultant/Subcontractor and are subject to all conditions previously
stated in Article 5.C.
E. Prior to making any changes in the lead/key personnel associated with this Project, Consultant
shall submit a written request for such change to City. The request shall be made at least 30
calendar days prior to the proposed change and shall outline the reason for the personnel
change and provide Statements of Qualifications of persons, which Consultant proposes for
assignment to that position. No lead/key personnel changes shall be made without prior written
approval of City.
F. When lead/key personnel are unable or unavailable to perform their duties for a period of time
longer than 14 calendar days, prior written approval must be obtained from City for Consultant
staff performing the duties of the person on leave during the leave period.
ARTICLE 4: CONDITIONS OF WORK
Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6
May 7, 2025 Exhibit B Page 3
A. Consultant Status and Responsibility
1. Consultant, as an independent consultant and not as an agent of City, shall, without
additional expense to City, be responsible for obtaining any business and professional
licenses and permits and for complying with any applicable Federal or State laws, codes
and regulations, and municipal ordinances, as necessary for the prosecution of
Consultant’s work. Consultant shall be similarly responsible for all damages to persons
or property that occurs as a result of Consultant’s fault or negligence to the extent
caused by Consultant.
2. Without prejudice to Section 5 of the Agreement, Consultant shall be liable for
reasonable expenses incurred by City, including court costs, as the result of
Consultant’s nonperformance, negligent performance, or delay in the performance of
the services required by the terms of this Agreement. In order for Consultant to
complete its services within the time schedule herein, Consultant, without additional
compensation, may be required to increase the number of staff, shifts, overtime
operations, days of work, or any combination of the above.
Consultant shall provide all subconsultants/subcontractors with a copy of this Agreement, which shall
also be made a part of the subconsultant's/subcontractor’s agreement with the Consultant. Further,
the subconsultant’s/subcontractor’s agreement with the Consultant shall require that the
subconsultant/subcontractor is bound to the Consultant in the same manner, and to the same extent,
as the Consultant is bound to the City under the prime contract documents, with respect to the
subconsultant’s/subcontractor’s portion of the work.
Docusign Envelope ID: A87AB535-DBF6-42FA-8392-8EBA1E83D0D6