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HomeMy WebLinkAbout4.09 Emerald Glen Rec Aquatic Designti~\ C~ ~- ~ -~ 1 C~ Gh /~. CITY CLERK File # 00^Q- 3^~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 2008 SUBJECT: Consultant Services for Emerald Glen Recreation and Aquatic Complex Design Report prepared by Paul McCreary, Assistant Director of Parks and Community Services ATTACHMENTS: 1. Resolution approving Agreement with Dahlin Group Architecture Planning. RECOMMENDATION: Adopt Resolution. FINANCIAL STATEMENT: The total cost of services is $2,039,500 plus up to $50,000 for reimbursable expenses. Sufficient funds are available to execute the agreement. DESCRIPTION: The 2008-2013 Capital Improvement Program includes a project to design and construct the Emerald Glen Recreation and Aquatic Complex. The project will be funded solely by impact fees charged on new development. The Fiscal Year 2008-2009 budget includes funding to begin the design. PROJECT DESCRIPTION Phase I includes 35,895 square foot facility with a gymnasium, fitness center, game room/teen center, group exercise/dance studio, special events room, juice bar, locker rooms, administrative offices and the spaces needed to support the swimming pools. The facility will have two swimming pools including a leisure and instructional pool (6,675 s.f.) and a 25-meter by 25-yard (6,150 sf) deep water competition pool. The total project budget for Phase I is $19.6 million. Phase II includes a 12,140 square foot natatorium building to .enclose one of the pools constructed in Phase I to make it a year-round indoor aquatic facility. Construction of this phase is beyond the time frame of the current Capital Improvement Program and funding will need to be identified Fees in order to proceed with construction. The total estimated cost of Phase II is $6.5 million. COPY TO: Dahlin Group Architecture Planning Page 1 of 3 ITEM NO. ~_ (~ / ARCHITECT SELECTION At the August 5, 2008 meeting, the City Council directed Staff to form an Architect Selection Committee comprised of the Vice Mayor, a representative of the Parks and Community Services Commission, the City Manager, Parks and Community Services Director, Assistant Director of Parks and Community Services, Parks and Facilities Development Manager and Recreation Supervisor for Sports and Aquatics. Staff distributed a Request for Proposals for architectural services in July 2008. Six firms submitted proposals. The firms were BSA, Carrier Johnson + Culture, Dahlin Group Architecture Planning, Field Paoli, Form4, and WLC. The Architect Selection Committee interviewed all six firms. Based on the interviews, and relevant experience and capabilities of the design teams proposed by the firms, the Selection Committee's top pick was Dahlin Group Architecture Planning. The Dahlin Group provided the City with the qualifications that were most closely suited to the City's requirements for the project. Dahlin Group Architecture is an award winning international design firm. The firm has expertise in designing recreational facilities with amenities similar to the Emerald Glen Complex, including: ^ C1ubSport, Pleasanton, Fremont, Oakland, San Ramon and Oregon ^ Renaissance C1ubSport, Walnut Creek and Aliso Viejo ^ Oakwood Athletic Club, Lafayette ^ Sun City Anthem, Henderson Nevada ^ Oak Park Gymnasium, Sacramento ^ YMCA, Alamo, Oakley and Walnut Creek ^ Creekside Recreation Center, Rossmoor Dahlin Group Architecture Planning also designed the new Shannon Community Center and the award winning Dublin Senior Center. Founded in 1976 Dahlin Group is lead by a management team of twelve principals and 180 professionals from offices in Pleasanton, San Francisco, Solana Beach, and Beijing, China, including architects, planners, designers, graphic artists, and computer renderers. Dahlin Group has assembled an excellent team of sub-consultants for the project. The swimming pool sub-consultant is Aquatic Design Group. They have 24 years of experience designing competition, recreation and leisure-based aquatic facilities, with representative projects from municipalities, colleges and universities, high schools, resort hotels, water parks and theme parks. The landscape architect for the project is Carducci and Associates, which was the firm responsible for the design of Phases II and III-of Emerald Glen Park. Staff has conducted reference checks on the firm and their key sub-consultants and recommends approving an agreement with Dahlin Group. AGREEMENT AND SCOPE OF SERVICES Attachment 1 is a Resolution approving the Agreement between the City of Dublin and Dahlin Group Architecture Planning. The Consultant Services Agreement is shown as an attachment to the Resolution. Exhibit A contains a detailed scope of work and fee proposal. Following is a summary of the fee proposal. Page 2 of 3 Phase I - Site & Program Assessment Phase II - Conceptual Alternatives Phase III -S chematic Design Phase IV - Design Development Phase V - Working Drawings SUBTOTAL Phase VI -Bidding Phase VII -Construction Administration (12 months) SUBTOTAL TOTAL FIXED FEE E.I.R. Negative Declaration Documents Theme Signage TOTAL WITH ALLOWANCES $20,000 $239,500 $342,000 $589,000 $582,000 $1,772,500 $10,000 $212,000 $222,000 $1,994,500 $25,000 allowance $20,000 allowance $2,039,500 Estimated Reimbursable Expenses (printing, binding, etc) $50,000 Additional Construction Administration Services $10,000 per month It should be noted the scope of services includes the design of the natatorium planned for Phase II only through Design Development; no construction documents will be prepared for Phase II. The total cost of the design of the natatorium is $270,000 and is included in the fee schedule above. The public input process as contained in the scope of work includes two public input workshops to affirm the proposed program and guide the development of three conceptual designs. The scope also includes three meetings of the Parks & Community Services Commission and three meetings of the City Council to review the proposed building design at Conceptual Design, Schematic Design, and Design Development. If the Council approves the agreement with Dahlin Group design would begin in November 2008. Construction would begin in spring 2010 and be completed in time for a summer 2012 opening. RECOMMENDATION: Staff recommends the City Council adopt the Resolution approving the Agreement with Dahlin Group Architecture Planning. Page 3 of 3 30 RESOLUTION NO. XX-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING FOR ARCHITECTURAL DESIGN SERVICES FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX WHEREAS, the City of Dublin has included the Emerald Glen Recreation and Aquatic Complex in the 2008-20.13 Capital Improvement Program; and WHEREAS, the City has solicited requests for proposals for Architectural design services for the Emerald Glen Recreation and Aquatic Complex,; and WHEREAS, the City received six proposals for Architectural design services, interviewed all six firms and selected Dahlin Group Architecture Planning; and WHEREAS, Dahlin Group Architecture Planning has demonstrated adequate ability to perform said Architectural design services; and WHEREAS, consultant is available to perform work as specified; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the agreement with Dahlin Group Architecture Planning, attached hereto. PASSED, APPROVED AND ADOPTED this 7'h day of October 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ~ke~,~~l•9 ~o~~71u8 H~.f ATTACHMENT 1 a ~3~ CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DAHLIN GROUP, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Dahlin Group, Inc. ("Consultant") as of October 7, 2008. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall-end on the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed, $2,089,500 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached.as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 1 of 13 a ~.~o Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible.. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ^ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ^ The beginning and ending dates of the billing period; ^ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ^ The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Retention. City shall retain 10% from each progress payment. Upon completion of each phase of work as specified in Exhibit A, Section 24, City shall release the retention for that phase pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of the final invoice for that phase, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on Exhibit `B'. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 2 of 13 ~ ~ ~30 2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded without the City's prior approval. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 3 of 13 ~~30 not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on aself-insurance program to meet those requirements, but only if the program ofself-insurance complies fully with the provisions of the California Labor Code. Determination ofwhether aself-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City, by certified mail, return receipt requested, within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Furthermore, Consultant shall not on its own initiative seek a reduction in coverage or in limits from its insurer. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 4 of 13 630 a. City and its officers, employees, agents, and volunteers shall, be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance orself-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state. that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City, by certified mail, return receipt requested, within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Furthermore, Consultant shall not on its own initiative seek a reduction in coverage or in limits from its insurer. For the purposes of Section 4.2.3 of this Agreement, the general contractor selected by CITY to perform the construction of the facilities designed by Consultant pursuant to Exhibit A of this Agreement, and any subcontractors engaged by the general contractor, shall not be considered agents of CITY. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible orself-insured retention shall not exceed $150,000 per claim. Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 5 of 13 737 4.3.2 An endorsement shall state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City, by certified mail, return receipt requested, within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Furthermore, Consultant shall not on its own initiative seek a reduction in coverage or in limits from its insurer. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 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 certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, except for the amount of Professional Liability Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 6 of 13 8 ~~. 30 Insurance required in Section 4.3 which shall be ONE MILLION DOLLARS ($1,000,000) for subcontractors. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles orself-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible orself-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City. at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ^ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ^ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ^ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 7 of 13 ~~~d damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any applicable and non-conflicting federal, state, or municipal law or ordinance, to the extent caused, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the negligent quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises to the extent from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. For the purposes of Section 5 of this agreement, the general contractor selected by CITY to perform the construction of the facilities designed by Consultant pursuant to Exhibit A of this Agreement, and any subcontractors engaged by the general contractor, shall not be considered agents of CITY. Section 6. STATUS OF CONSULTANT. 6,1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the manner and means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consulting Services Agreement between October 7, zUUb City of Dublin and Dahlin Group, Inc. Page 8 of 13 1~~30 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 .Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Any requirements will be disclosed to the Consultant prior to execution of this Agreement. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. Consulting Services Agreement between October ~, luuu City of Dublin and Dahlin Group, Inc. Page 9 of 13 it ~ ~ 8.1 .Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; Consulting Services Agreement between uctober i, zuuu City of Dublin and Dahlin Group, Inc. Page 10 of 13 ~a ~~o 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 three (3) years, or for any longer period required bylaw, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 11 of 13 ~ 3 ~Q3 0 ~J that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any .sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Consulting Services Agreement between uctooer i, ~uua City of Dublin and Dahlin Group, Inc. Page 12 of 13 ~~ ~3~ 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Herma Lichtenstein, Parks and Facilities Development Manager (Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Karl Danielson, Vice President 5865 Owens Drive Pleasanton, CA 94588 Any written notice to City shall be sent to: Herma Lichtenstein, Parks and Facilities Development Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the repod/design preparation. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN CONSULTANT Janet Lockhart, Mayor Karf Danielson, Vice President Dahlin Group, Inc. Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney Consulting Services Agreement between October 7, 2008 City of Dublin and Dahlin Group, Inc. Page 13 of 13 i5~z~ EXHIBIT "A" EMERALD GLEN RECREATION AND AQUATICS COMPLEX Project Description: The project is a +/- 36,000 sq. ft. facility with a gymnasium, fitness center, game room/teen center, group exercise/dance studio, special event room, juice bar, locker rooms, administrative offices, and spaces needed to support the swimming pools. The project will have two swimming pools including aleisure/instructional pool (+/-6,675 sq. ft.) and a 25-meter by 25- yard (+/- 6,150 sq. ft.) deep water competition pool. The construction budget for this work is $14.6 million. The Architect will also design a +/- 12,140 sq. ft. natatorium building to enclose one of the swimming pools to make it a year-round indoor aquatic facility. Construction of this phase is beyond the time frame of the current Capital Improvement Program and funding will need to be identified in order to proceed with construction. The estimated construction cost for the Natatorium is $4.9 million. The Natatorium design documents will be completed through Design Development Phase only. Construction Documents will not be provided. 2. Site Work: Site work will be limited to the area included within the work line on the Site Work Limit map, "Exhibit A, Attachment 1". Work beyond the site, if required, will be by separate contract. A site survey will be provided for the area identified on the Site Work Limit map. Site work will include all work associated with the buildings, swimming .pools, hardscape, landscape, and parking areas. 3. Building Description: a. The proposed building will be single-story, slab on grade, Type V, non-rated construction, with a full fire sprinkler system. The building will be designed and certified as L.E.E.D. Silver Rating. b. The snack bar will serve pre-prepared food only. There will be no open flame cooking, cooking hoods, or grease trap. 4. Design Review: The project will be reviewed and approved by the Parks and Community Services Commission and the City Council. Design Review Board or Planning Commission approval is not required. Consultant Services: Architect will provide the following consultant services for the building and site work: • Structural • Mechanical • Electrical • Plumbing • Civil • Landscape • Interior Design Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 1 of 13 ~6 ap3o ~i • Title 24 Energy Compliance • Cost Estimator • Audio Visual • Signage • Environmental • Aquatic Performance Specs only will be provided for Fire Protection and Fire Alarm. Construction Documents for these will be provided on a design/build basis through the General Contractor. 6. Environmental Impact Review: The project will not require a full Environmental Impact Review, however a Mitigated Negative Declaration shall be prepared upon completion of the design development phase. The Architect will provide an allowance for an Environmental Consultant to prepare the documentation. Geotechnical Engineer: The services of a Geotechnical engineer are required and will be provided by the City. 8. Phase I' Site & Program Assessment: Project Initiation. The Architect will initiate the Project, and set up a system for documenting the Project and organizing communication. (i) Project Kickoff Meeting. The Architect will convene akick-off meeting, attended by key participants representatives from the City of Dublin. The group will review and confirm the .Project schedule. Initial assignments .will be identified and communication lines will be established among Project participants. Minutes will be kept and distributed. (ii) Initial Site Tour. The Architect and representatives of the City, will tour the site to introduce the Architect to key issues and problems. (iii) Meeting Schedule. The Architect will confer with the key project participants and prepare an initial list of interviews and meetings to be scheduled. Based on the information gathered in this Project initiation stage the Architect shall prepare an updated Project schedule, list of interviews and meetings, directory of Project participants and minutes of the Project kickoff and distribute these materials to Project participants. (i) Review Existing Studies. The Architect will gather and review any existing studies, reports or planning documents regarding the services and operations of the new Emerald Glen Recreation and Aquatics Complex to become familiar with any previous planning efforts and goals and objectives. Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 2 of 13 17.30 r (ii) Review City's Guidelines. The Architect will meet with the City's Planning, Building and Public Works Staff, so that the Architect can learn of any other building code, engineering, zoning or environmental constraints on the site. The Architect will look at maximum footprint, setback, FAR and height restrictions. (iii) Review City's Green Building Ordinance and Guidelines. The Architect will review all pertinent green building information and determine base line strategies for meeting the City's Goals for a LEED Silver rated building. Prepare an initial LEED checklist and provide feedback on feasibility. (iv) Architect will meet with the City to review the project program to establish the required uses and square foot allocations. (v) Architect will. conduct a public workshop to review the program and solicit public comment and prioritization for the project. (vi) Based on the public and staff comments, the Architect will prepare a final project program for the City's approval. 9. Pro~ct Budget and Schedule: (i) Establish a Firm Schedule and Budget. 'The Architect will meet with representatives of the City to establish a firm schedule and budget for the Project. The information the Architect gathers in that meeting will guide later portions of work. The Architect will draw upon the Emerald Glen Recreation and Aquatics Complex Feasibility Study by the Sports Management Group, augmented by additional information from the Architect's cost estimator to set up a working budget document that takes into account anticipated costs for construction, fees and permits, construction management, tests and inspections, furnishings and equipment, and change order contingencies. (ii) Based on the information, the Architect will provide the City a preliminary budget memo and a schedule document. 10. Phase II: Conceptual Alternatives: (i) Conceptual Plan Configuration. Based on the approved project program, the Architect will prepare a maximum of three (3) conceptual site and floor plans for review by the City representatives. These plans should address concerns regarding site constraints and building program requirements. (ii) Architect will conduct a public workshop to review the conceptual plans and solicit public comments. Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 3 of 13 IS ~ 30 (iii) Develop Exterior Alternatives. The Architect will create a maximum of three (3) exterior alternatives based on one (1) floor plan to receive City comments on style and. character. (iv) Review with City. The Architect will meet with the City to review these design options and receive input. (v) Based upon the City's input the Architect will prepare presentation drawings for Parks and Community Services Commission and City Council review. (vi) Project Cost Estimate. The Architect will do a conceptual construction and overall Project cost estimate at this phase, and will review it with construction and cost consultants. Overall Project costs include construction, fees and permits, furnishings and equipment, LEED requirements and contingencies. (vii) Present to Parks and Community Services Commission and City Council. The Architect will present these materials to the Parks and Community Services Commission and City Council for its review and input. The goal is that both bodies will make recommendations as to the preferred options for the site and floor plans, and the exterior alternatives. 11. Phase III: Schematic Design: (i) Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the City, Schematic Design Documents consisting of the following: a. Code search on the building, including meeting with representatives of the Community Development Department, Public Works Department, Fire Department, DSRSD, PG&E and Alameda County Waste Management Authority to determine relevant requirements. b. Site Plans c. Landscape Plans d. Schematic Grading, Drainage and Utility Plans e. Floor Plans f. Exterior Elevations g. Building Sections h. Exterior Materials Board i. L.E.E.D. Scorecard j. Solar Study (ii) Based upon the City's input the Architect will prepare presentation drawings for Parks and Community Services Commission and City Council review. This should include; site plans, landscape plans, building floor plans, exterior elevations, Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 4 of 13 ~~~s- primary interior elevation, color and material selections and preliminary furnishings suggestions. (iii) Project Cost Estimate. The Architect will do an updated construction and overall Project cost estimate at this phase, and will review it with construction and cost consultants. If the more detailed plans show an increase in costs Architect should be prepared to review design elements that can be adjusted to bring costs in line with the City's budget. (iv) Present to Parks and Community Services Commission and City Council. The Architect will present these materials to the Parks and Community Services Commission and City Council for its review and input. 12. Phase IV: Design Development Phase: (i) Based on the approved Schematic Design Documents and any adjustments authorized by the City in the schedule or construction budget, the Architect shall prepare, for approval by the City, Design Development Documents consisting of the following drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate or necessary to enter the construction document phase. The Architect shall coordinate and review design concepts. with City maintenance personnel. a. Building Code Analysis b. Site Layout Plans c. Landscape and Preliminary Irrigation and Planting Plans d. Grading, Drainage and Utility Plans e. Representative Site Details f. Floor Plans g. Roof Plan h. Exterior Elevations i. Building Sections j. Representative Wall Sections and Related Details k. Selected Interior Elevations and Enlarged Plans I. Reflected Ceiling Plans m. Preliminary Door, Window and Finish Schedules n. Structural Plans and Sections and Typical Details o. Mechanical and Electrical Layouts p. Outline Specifications q. Lighting cut-sheets r. Access and Egress Plans s. Audio/Video system Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 5 of 13 ~ ~~a (ii) The Architect shall submit to the City a more comprehensive Design Development cost estimate based on current area, materials volume or other unit costs. The preliminary cost estimate referred to in this paragraph and any adjustments thereto shall indicate, in a level of detail satisfactory to the City, the cost of each category or work involved. in constructing the project. (iii) The work of this phase shall include the following meetings. Meet with appropriate representatives of the City of Dublin, County Agencies, DSRSD, Fish and Game, and/or Fish and Wildlife to whom the documents will be submitted for plan check and permits. (iv) The Architect shall advise the City of any need or advisability of the City's securing any additional tests, analyses, studies, reports, or consultant's services in connection with the development of the design and construction documents for the project. (v) .Present to Parks and Community Services Commission and City Council. The Architect will present the Design Development to the Parks and Community Services Commission and City Council for its review and input. The goal is that both bodies will authorize the preparation of Construction Documents. 13. Phase V: Construction Document Phase: Based on the approved Design Development Documents and any further adjustments in the scope, quality of the project or in the construction budget authorized by the City, the Architect shall prepare, for approval by the City, Construction Documents consisting of Drawings and Technical Specifications setting forth in detail the requirements for the construction of the Project, including final furnishing and equipment selections and structural and energy calculations required by the local building authority. Said Construction Documents, Drawings and Specifications shall incorporate a cost estimate at 50% completion based on a polling of current market conditions in the specific project area. Should cost be in excess of 15% of the design development estimate, Architect shall incorporate value engineering recommendations as approved by the City. (i) The Architect shall coordinate the technical specifications with the bidding requirements, contract requirements and general conditions provided by the City. The Architect's scope of services shall be limited to technical coordination and shall not include legal advice or insurance matters. (ii) Construction drawings and specifications, or other construction documents or contract documents submitted for approval or to any contractors for bidding or negotiation shall be prepared to the standard of professional care and in compliance with all applicable codes, ordinances, statutes, regulations and laws, except to the extent expressly and specifically otherwise stated in detail in writing by Architect at the time of such submission. By submitting the same for Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 6 of 13 a I ~P Jo ~r construction contract purposes, Architect confirms that Architect has identified any reasonable test, studies, analyses or reports which are necessary or advisable to be performed at that point in time. Architect shall additionally confirm these facts in writing at such time. (iii) The Architect shall advise the City of any adjustments to estimates of Construction Cost for the project indicated by changes in requirements or general market conditions. The Architect shall submit to the City updated estimates of Construction costs upon completion of the 90% construction set to be the basis for the engineers estimate. (iv) The Architect shall assist the City in connection with the City's responsibility for filing documents for the project required for the approval of governmental authorities having jurisdiction over the Project. This would at a minimum include a SWPP plan, LEED certification requirements, BAAQM permits, Fish and Game, Fish and Wildlife and the Alameda County Health Department. However, the City is responsible for the payment of any costs related to the filing and processing of said documents. . (v) -The City shall prepare Division 0 of the project manual. 14. Phase VI: Bidding & Negotiation Phase: (i) The Architect, following the approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist in the bid process. The scope of services includes the preparation of addenda which will be issued by the City. (ii) Architect shall provide the City a complete plot set of electronic drawing files and black and white 8% inch by 11-inch Project specifications for. Architect shall also provide the City with an electronic ACAD current version of the plan set drawings and an MS Word version of Project specifications. The City will use the electronic plan set drawings and Project specifications only for record documentation. 15. Phase VII: Construction Administration Phase: (i) The Architect's responsibility to provide basic services for the Construction Phase under this Agreement commences with the Notice to Proceed for Construction and terminates sixty-days (60) after final acceptance of construction. "Final acceptance" as used in this paragraph shall mean the stage in the process of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Construction Documents so the City can occupy, and accept the Work for its intended use. Consulting Services Agreement between City of Dublin and DahlinGroup--Exhibit A Page 7 of 13 as ~3~ (ii) The Architect shall provide administration of the Construction Contract as set forth in AIA Document A201, General Conditions of the Contract for Construction (2007 Edition), together with, and as amended by the City's supplementary general conditions and other documents included or incorporated into the Construction contract; provided, however, that whenever the provisions may be in conflict, the provisions of the City's supplementary general conditions and other documents included or incorporated into the Construction contract shall supersede the provisions set forth in AIA Document A201. (iii) The duties, responsibilities and limitations of authority of the Architect may be reasonably restricted, modified or extended by the City after the date of this Agreement, and if they are substantially restricted, modified or extended without written agreement of the City and Architect, then Architect's compensation shall be equitably adjusted. (iv) The Architect, with the concurrence of the Construction Manager, shall generally oversee and review the work for the project. The Architect, with the approval of the Construction Manager, in each case, shall review the Contractor with regard to matters set forth in the Drawings and Specifications. In addition to any specific responsibilities assigned elsewhere in the Contract Documents, the Construction Manager shall decide any and all questions which may arise as to the rate of progress of the work. The Architect shall have authority to act on behalf of the City only to the extent provided in this Agreement. (v) The Architect shall visit the site at appropriate intervals to become generally familiar with the progress and quality of the work completed and to determine in general if the work is being performed in a manner indicating that when completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site observations. Architect has allowed for a total of 50 site visits. The Architect shall keep the City informed of the progress and quality of the work and shall endeavor to guard the City against defects and deficiencies in the work. The Architect shall issue written field reports of such (vi) The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. (vii) Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the City, the Architect and Contractor shall communicate through the Construction Manager. The City may Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 8 of 13 a3~ 30 consult with the Architect regarding the selection and performance of the Construction Manager. Communications by and with the Architect's consultants shall be through the Architect. (viii) The Architect and Construction Manager shall jointly review Contractor's Applications for Payment. The Construction Manager shall have the sole authority to certify and authorize payment of the amounts due the Contractor. (ix) The Architect shall notify the City regarding any work which he is aware of that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect shall have authority, with approval of the City, to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. (x) The Architect shall review and take appropriate action upon the Contactor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the City, Contractor, or separate contractors, while .allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment~or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. (xi) The Architect shall review and assist the City or the Construction Manager as directed in preparing Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary, for the City's approval and execution in accordance with the Contract Documents. (xii) The Architect shall assist the Construction Manager in the inspection and review of the work to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the City for the City's review and Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 9 of 13 a~~3o records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. (xiii) Interpretations and decisions of the Architect shalt be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. (xiv) The Architect shall render written opinions as requested by the City within a reasonable time on all claims, disputes or other matters in question between the City and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 16. Phase VIII: Project Close Out Phase: (i) The Architect will provide the City with the following; AutoCAD (version 2000 or equal) base files of building for FM use (detail bubbles and keynotes removed), Adobe Acrobat PDF copy of all plot sheets, including current /construction revisions with all notes, etc. Adobe Acrobat PDF copy of all construction sketches (ASK, SSK, etc.) MS Word copy of all project manual sections and Adobe Acrobat PDF copy of furniture and kitchen equipment manuals. (ii) The Architect will provide all required documentation for a LEED Silver rating. It should be anticipated that the City will be submitting to the USGBC for a formal certification. 17. Construction Cost: a. Evaluations of the City's Project Budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as an architect familiar with the construction Industry. It is recognized, however, that neither the Architect nor the City has control over the cost of labor, materials, or equipment, over the Consultant's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent the bids or negotiated prices will not vary from the City's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 18. L.E.E.D.: Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 10 of 13 a5 m~3fl The building will be designed to LEED Silver standard. The Architect will prepare the documentation for design credits and submit them to the USGBC for review. Information and documentation for construction credits will be the obligation and responsibility of the General Contractor. The Architect will submit the information provided by the General Contractor to the USGBC for review. Final acceptance of construction credits will be the responsibility of the General Contractor. Architect will provide Enhanced Commissioning for the project. Taylor Engineering will be the Commissioning Agent. The LEED Green Building Rating System or similar environmental guidelines ("LEED") utilizes certain design, construction, and usage criteria in order to promote environmentally friendly building. The Owner acknowledges and understands that LEED is subject to interpretation, and achieving levels of compliance involves factors beyond the control of the Architect, including, but not limited to, the Owner's use, operation, and maintenance of the completed project. In addressing LEED, the Architect shall perform its services in a manner consistent with that degree of skill and care ordinarily exercised by architects performing similar services in the same locality, and under the same or similar circumstances and conditions. The Architect will use reasonable care consistent with the foregoing standard in interpreting LEED and designing in accordance with LEED. However, the Architect does not warrant or represent that the Project will actually achieve LEED certification or realize any particular energy savings. The Architect shall not be responsible for any environmental or energy issues arising out of the Owner's use and operation of the completed project. 19. Project Meetings & Presentations: The Architect has allowed for the following number of review meetings and presentations. Additional meetings or presentations will be provided as an additional service when requested by the City. Phase I -Site & Program Assessment City Staff Public Workshop Phase II -Conceptual Alternatives City Staff 2 Public Workshop 1 Parks & Community Services Commission 1 City Council 1 Phase III -Schematic Design City Staff 2 Parks & Community Services Commission 1 City Council 1 Consulting Services Agreement between City of Dublin and Dahlia Group--Exhibit A Page 11 of 13 a6~3o Phase IV -Design Development City Staff 2 Parks & Community Services Commission 1 City Council 1 Phase V -Construction Documents City Staff 20. Renderings: Architect will provide two (2) exterior renderings of each of the three (3) conceptual exterior designs for Phase II and one exterior and one interior final project rendering for publication purposes at the completion of Phase IV. 21. Revisions: Architectural work that is required to be revised after program or schematic design approval due to changes by the City shall be done as an additional service on an hourly basis. Revisions required by the Building Department for permit are included in the project scope and fee. 22. Schedule: The Preliminary Project Schedule is provided. See Exhibit "A", Attachment 2. 23. Work Not Included: The following items are not included within the project scope or fee: a. Entitlement processing, including EIR, traffic studies, biological or other land use studies. b. Improvements required beyond the site work line. c. Geotechnical Engineer. d. Renderings, models or graphic presentation material other than those specifically listed. e. Public presentations or meetings other than those specifically listed. f. Phase building, multiple permits, multiple bid sets, or fast track construction. g. Consultant services, other than those specifically listed. 24. Fee Schedule: Services shall be compensated with the following fixed fees: a) Phase I - Site & Program Assessment $20,000 Phase II - Conceptual Alternatives $239,500 Phase III - Schematic Design $342,000 Phase IV- Design Development $589,000 Phase V - Working Drawings $582 000 SUBTOTAL $1,772,500 Phase VI -Bidding $10;.000 Phase VII -Construction Administration (12 months) $212 000 SUBTOTAL $222,000 Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 12 of 13 a~~ 3~ TOTAL FIXED FEE $1,994,500 b) E.I.R. Negative Declaration Documents $25,000 allowance c) Theme Signage $20,000 allowance TOTAL WITH ALLOWANCES $2,039,500 d) Additional Construction Administration Services $10,000 per month 25. Retainer: An initial payment of $30,000 shall be made upon execution of this Agreement and credited to the City's account at final payment. 26. Work Suspension: Architect may suspend work if payment is more than 90 days due. Architect may resume work after past due amounts are paid and acceptable arrangements are made to continue future timely payments. Architect will provide a written notice, to the City, fifteen (15) days prior to suspension of work. 27. Reimbursable Expenses: The following is a good faith estimate of reimbursable expenses. This amount will not be exceeded without the City's approval. Blueprints Site & Program Assessment $1,000 Conceptual Design $4,000 Schematic Design $4,000 Design Development $6,000 Bid & Construction Documents $33,000 Postage $1000 Miscellaneous $1000 TOTAL $50,000 Architect will provide three (3) sets of plans and specifications at completion of Schematic Design, Design Development, and Construction Documents. Architect will also provide electronic versions of all documents on AutoCAD, version 2000, on CD ROM discs. Architect will provide copies for bidding and construction. Architect will not charge for local travel time, mileage, telephone or fax, Overnight delivery services will only be used when specifically requested by the City and are not included in the reimbursable expenses. END OF EXHIBIT'A' Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit A Page 13 of 13 ~~~ .. r, ~- T. ~... x~ -~. ~ ~ t _ .. ~ ,w y~ ~' a...~ ff 1 fY'~ ~~ !~ U '~ 4- N e o' 0 a 0 ~~ ~ ~ ~ 'I• 0 ~ ~ ~ W q a t r ~ , _ g N n a~ m 0 a` a a a m ~p -~ o _ a m m o O O O g q~~ o °' o o s o - - ~ ~ ~ m ~ N ~ 0 0 a a~ n--- ~_ ~ a a N ~~ ~ ~ < ~~ ~ r~ - _ m m a s N ~ N- ~ ~ '"._ ~ a ~ ~ j ._ .~ LL 11 LL LL > ~~ a~ _ - C IL lL li LL - N m N N ~ N C 3 ~ a a ? t~ a ~ ~ M ; G LL _ f f u' .LL L < Z O ~ N ? F LL LL LL LL LL ~ ~ ~ ~ f 4 7 C H r > m m F- F r ~ ] J r F- ~ ~ m 3 m ? m m m ~ LL - LL r - F ~ it- ~ 8i ~ F- ~ 3 Z r N '^ m m ~ T m m ~ ~' T r F ti F- F F- F ^ x m H r ; '~ ° m ~ ~ N ~T ~ ' ~ ~ '3 ° < ° V ~ ; 9 $ ~ ° v ~, T w m m ' ; o ; .~ ° n 3 N ~ ° T ; a e 3 ,~ in a N n .~ ~n N N ~ Z - ~ m° 0 H a m ~ e 4 ~ '~ m m ~ ~ ~ ~ '" 4 ~ ~ E ~ .4 v O n m ~ n n ,b ~~ ~ v '~ ~ ~~ = o ~+ m y v v w Z' c m m~ .4 ~' .c W m m 8° .~ v~ ~u m~ ~~~ v~ 5 9~ 9 `' n 9 c tl ~ 4 i° g' ~' y m ~ ~ ~ ~-,' ¢ 8 v ~ 8 ~ ~ .~ m .~ ~ 8 ~ ~ .~ ~ ~ .Q E o ~ 8 ~ ~ ~ 8 ~ °w - ~ s m ~ z a 8 E t m m ~ n m~ d .e ~< .~ n~ ~ w z m -' ~ x z~ E N 8 N ~ 8 8~ v rril ~ 8 9. ~' 8 '~ ~$ m~ a m o 8 $~ m W fl 8~~ 8~ `~°a u w~~~ m m ~ 9 k 8 a iv w m~ .2 ° u ~ k a ~ x a u b zoo y aN t~'o ,~ ~c~~ N ._ ~a~ d a a ~~~ 3~ a EXHIBIT "B" EMERALD GLEN RECREATION AND AQUATICS COMPLEX BASIC HOURLY RATE SCHEDULE Doug Dahlin -Founder Senior Principal Principal Senior Architect, Project Manager, Planner, and Designer Architect, Project Manager, Designer Planning Project Manager and Digital Graphics Manager Senior Graphic Artist Designer/Drafter III, Planner III, Graphic Artist III Designer/Drafter II, Planner II, Graphic Artist II Designer/Drafter I, Planner I, Graphic Artist I Intern and Clerical Digital Imaging Studio Director 3D Senior Project Manager 3D Project Manager 3D Illustrator III 3D Illustrator II 3D Illustrator I 3D/Video Coordinator Intern Clerical DIGITAL IMAGING STUDIO Computer Plotting Computer Plotting (COLOR) (24" x 36" sheet) (30" x 42" sheet) (8.5" x 11"sheet) Standard Paper (8.5" x 11"sheet) Heavy Matte Paper (17" x 11"sheet) Standard Paper (17" x 11"sheet) Heavy Matte Paper Oversize Computer Plotting (COLOR) Oversize Grayscale Plotting (Finished Graphics, rendering) Line Print for Graphics (Black and white line print on special paper that accepts marker) $235 $210 $190 $160 $130 $130 $130 $115 $104 $ 94 $ 65 $165 $150 $140 $120 $110 $100 $ 90 $ 65 $ 65 $4.50 /Sheet $6.00 /Sheet $ .45 /Sheet $ .65 /Sheet $ .80 /Sheet $1.25 /Sheet $4.00 / sq. ft. $2.75 / sq. ft. $2.00 / sq. ft. Consultant fees, additional vendors, outside services, printing, graphic materials, telephone, and similar project related expenses: 1.15 x billing. Expert Witness rate at 3x Billable Rate. Travel time at Basic Hourly Rate. Travel mileage outside the Bay Area at $ 0.585 per mile. Invoices are due upon presentation and become delinquent if not paid within 45 days of invoice date. Past due invoices are subject to a late charge of 1.5 percent per month. Rates effective through December 31, 2008 Consulting Services Agreement between City of Dublin and Dahlin Group--Exhibit B Page 1 of 1