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HomeMy WebLinkAbout4.09 Task Order Agreement Pakpour Consulting Group ,�Ot Di74 19' �'2 STAFF REPORT CITY CLERK \e CITY COUNCIL NCIL File #600-30 DATE: June 21, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of Task Order with Pakpour Consulting Group, Inc. for Project Management Services Prepared by Meghan Tiernan, Facilities Development Manager • EXECUTIVE SUMMARY: The 2014-2019 Capital Improvement Program identifies two park improvement projects - Fallon Sports Park Phase 2 (CIP No. PK0414) and Jordan Ranch Neighborhood Park (CIP No. PK0515). These two CIP projects require project management staff for the construction phase. Staff is proposing approval of a task order with Pakpour Consulting Group, Inc., under an existing on-call consulting services contract, for project management services on Fallon Sports Park Phase 2 and Jordan Ranch Neighborhood Park. FINANCIAL IMPACT: Pakpour Consulting Group has an on-call consulting services agreement with the City of Dublin to provide engineering services including project management. Staff is proposing to add a task order to the firm's contract to provide project management services for the construction phase of both Fallon Sports Park — Phase 2 (CIP No. PK0414) and Jordan Ranch Neighborhood Park (CIP No. PK0515). The proposed scope of work is based on time and materials not-to-exceed $110,565 for the Fallon Sports Park — Phase 2 project and $62,790 for Jordan Ranch Neighborhood Park project. There are sufficient funds budgeted in both projects to cover this scope of work. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving the Task Order with Pakpour Consulting Group, Inc. ' ubmitte By \ Reviewed By Public Works Director Assistant City Manager DESCRIPTION: Staff is proposing approval of a task order for consulting services to provide project management staff for two CIP projects currently in the construction phase. The current City Page 1 of 2 ITEM NO 4.9 Ve_i project management staffing requires augmentation in order to maintain current project schedules. On July 1, 2014, the City Council approved a consultant services agreement with Pakpour Consulting Group, Inc. for on -call engineering services. On June 7, 2016 City Council approved an amendment to the agreement extending services until June 30, 2018. Pakpour Consulting Group has qualified staff available to provide project management services for the construction phase of public improvement projects. Staff is seeking approval of a task order for project management services during the construction phase of two CIP projects — Fallon Sports Park — Phase 2 (CIP No. PK0414) and Jordan Ranch Neighborhood Park (CIP No. PK0514). Fallon Sports Park — Phase 2 Project On April 5, 2016, the City Council approved award of a construction contract to Robert A. Bothman Construction for the Fallon Sports Park — Phase 2 Project. Construction has begun and is anticipated to be complete in Fall 2017. Jordan Ranch Neighborhood Park Project On November 17, 2015, the City Council approved an improvement agreement with BJP -ROF Jordan Ranch, LLC to construct the 4.99 -acre Jordan Ranch Neighborhood Park. Construction has begun and is anticipated to be complete in Spring 2017. Consulting services under this proposed task order are based on a time and materials not -to- exceed $110,565 for the Fallon Sports Park — Phase 2 project and $62,790 for Jordan Ranch Neighborhood Park project (Exhibit A). NOTICING REQUIREMENTS /PUBLIC OUTREACH: A copy of the staff report was sent to Pakpour Consulting Group, Inc. ATTACHMENTS: 1. Resolution 2. Exhibit A to Resolution 3. Original Agreement 4. Amendment to Agreement Page 2 of 2 RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING A TASK ORDER WITH PAKPOUR CONSULTING GROUP, INC. FOR PROJECT MANAGEMENT SERVICES WHEREAS, on June 7, 2016, the City Council approved an amendment to the consultant services agreement with Pakpour Consulting Group, Inc. for on -call engineering services; and WHEREAS, the City desires to hire a consultant qualified and experienced in providing project management for construction projects; and WHEREAS, Pakpour Consulting Group, Inc. has the demonstrated ability to perform the project management services; and WHEREAS, Pakpour Consulting Group, Inc. is available to perform the work specified; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Task Order with Pakpour Consulting Group, Inc. for project management services for the Fallon Sports Park — Phase 2 and Jordan Ranch Neighborhood Park Projects, attached as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Purchase Orders for said Task Order. PASSED, APPROVED AND ADOPTED this 21st day of June, 2016, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 1 � '7 /A, I I I ;i I' I'''l I �. �11..iF Fill " "' I'' Ilk Ilk" IIL '" III' EXHIBIT A TO RESOLUTION June 21, 2016 Joubin Pakpour Pakpour Consulting Group, Inc. 5775 Stoneridge Mall Road, Suite 320 Pleasanton, CA 94588 RE: Task Order #1 between the City of Dublin and Pakpour Consulting Group Mr. Pakpour: Effective today, this letter shall serve as written authorization for Task Order #1 to provide project management services on Fallon Sports Park Phase 2 and Jordan Ranch Neighborhood Park to the City of Dublin. Work shall be completed under the On -Call Agreement between Pakpour Consulting Group and the Facilities Development Division of the Department of Public Works. The term for Task Order #1 coincides with the term of the amended on -call agreement. Please review, sign and date this letter, email a copy back to the City, and send the original back by normal mail service. The Not -to- Exceed amount for Task Order #1 shall be $173,355, based on the attached proposals from Pakpour Consulting Group, dated April 22, 2016. Work is to be completed as stated in this proposal. A breakdown of work by project authorized to date under this agreement is as follows: i 0 (���Ivk: Plaza IIG)ub iHl , CA 4 11 925. w33,665111 , F 925 A33,665 1 wveNo,cdlribfln,ca,g1av Date Authorized Representative (Signature) Task Order #1 for On -Call Engineering Services Agreement Project Number Amount Authorized Fallon Sports Park — Phase 2 pk0414 $ 110,565 Jordan Ranch Neighborhood Park pk0514 $ 62,790 Task Order #1 Total 1 $ 173,355 i 0 (���Ivk: Plaza IIG)ub iHl , CA 4 11 925. w33,665111 , F 925 A33,665 1 wveNo,cdlribfln,ca,g1av Date Authorized Representative (Signature) xxxxx;xx„ X (ol c Marc l ) Upon agreement by both City and Pakpour Consulting Group, any substantive city OUMIC i changes to the timeline, not -to- exceed amount, or scope of work will need to be approved in writing and will result in a revised Task Order issued which will supersede 0ty Manager this document. All other terms and conditions of the agreement which this task order is issued from shall remain in full force and effect. Comol itinit y Dieniel0pinient If you have any questions or need additional information, please contact Meghan 111�Rcc wnotni' Tiernan, Facilities Development Manager, at (925) 556 -4510 or via email, respectively, 8 ,(.� i,,. ,0 at: Meghan.Tiernan @dublin.ca.gov Finance/1111" 92S (3 Best Regards, 1 -ire Pirfw µbon 14wrmn lll't souiurces Meghan Tiernan 9 , 18, 3 3, 6, 60"', Facilities Development Manager )),)- a,r -s,, Pakpour Consulting Group, INc. Authorized Representative (Print) IIII °���MmIIIRur °III�;�� Title i 0 (���Ivk: Plaza IIG)ub iHl , CA 4 11 925. w33,665111 , F 925 A33,665 1 wveNo,cdlribfln,ca,g1av Date Authorized Representative (Signature) April 22, 2016 Meghan Tiernan Facility Development Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Proposal to Provide Project Management Services Fallon Sports Park.,. Phase 2 (Pl(-0414) Dear Ms. Tiernan, 10,027.13 Thank you for meeting with us on April 18, 2016 to discuss your project management needs for this project. Based on our meeting and the scope of work detailed below, we prepared this proposal which allocates up to 15 hour's of Lorin Jensen's time per week to this project. ,Project information Description: 19.75-acre Community Park Construction: May 2016- June 2017 (54 weeks) Construction Budget: $13,858,500 General Contractor: Robert A. Bothman, IInc. Scope of Work Become familiar with the Fallon, Sports Park — Phase 2 Project (review plans & specs, meet with City staff and consultants, site visits) a, Coordinate project activities to ensure, project progresses on schedule and within the prescribed budget. a Act as liaison between the City and consultants and coordinate the work of consultants (landscape architects, geotechnicail engineers, special inspectors) Communicate early and often with the Facilities Development Manager and provide regular weekly project progress updates. Maintain records as directed by City staff and prepare reports. Respond to inquiries regarding the status of projects. Develop and disseminate informational materials, as needed. ® Represent City at construction progress meetings to ensure construction is in compliance with City plans and specifications,, —J 5776 Stonerldge Mall Road, Suite 320, Pleasanton, CA 94588 (925) 224-7717 ♦ FAX (925) 224-7726 41 www,pcgengr.com Exhibit A to Resolution - Page 2 of 5 /eI oq oN I )IJ I It Ce I t if iod a Attend weekly I-on-1 (or as-needed) meetings with the Facilities Development Manager, 0 Attend monthly City Manager CIP update meetings. m Attend meetings with City staff, asneeded. 0 Prepare, draft staff reports, as needed, p Provide administrative and! technical support to the Facilities Development Manager. Budge We propose a time and materials budget for an average of 15 hours per week for 54 weeks, We will only bill fmr Lorin's actual time spent on the project. The billing rata and direct cost multiplier used for this proposo] one from our 2014on-call engineering contract. Lorin Jensen, P.E.-54 weeks x15 hours per week x$I301 per hour $105300.00 Direct Cost Multiplier 5%, covers all direct expenses $5,2{65.0} TotaL $110,565.010 Thank you once again for considering Pakpour Consulting Group for this project. Should you have any questions please do not hesitate to contact me at (925) 224-7717. Very truly yours, Group, Inc. Principal Engineer J^Prwect*nubIIn'mp77,nmt3-Fam"Sports Pam Sports Park Pr"posala=" Exhibit /\|oResolution Page 3o[5 22, 201G � � 2mm -p�m�-Proposa8to Provide Project Management for Fallon Sportsnark- /haseu April 22,2016 MeghamTiemnam Facility DeveUmpmeotManager City ofDublin 1OO Civic Plaza Dublin, CA, 94568 Subject: Proposal ha Provide Project Management Services Jordan Ranch Park (Pl(-0514) Dear Ms. Tiernan, Thank you for meeting with ma on April 18 2016 to discuss your project management needs for this project. Based on our meeting and the scope of work detailed beiow, we prepared this proposal which allocates, mpto10 hours of Lorin Jemsem's time per week to, this project. Project Information Description: 5.0-acre Neighborhood Pork Construction,: May 2016 March 2Q17(46weeks) Construction Budget: $1,600,000 General Contractor: Goodfellow Top Grade Construction Scope of Work r Become familiar with the Jordan Rank Park Project (review plans & specs, meet with City staff and consultants, site visits) ° Coordinate project activities to ensure project progresses on schedule and within the prescribed budget. 0 Act as a liaison between the City and consultants and coordinate the work of consultants (landscape architects, geotechn,ical engineers, special inspectors) w Communicate early and often with the Facilities Development Manager and provide weekly reguiar project progress updates. 0 Maintain records as directed bv City staff and prepare mepprts. Respond to inquiries regarding the status ofprojects. Develop and disseminate informational materials, as needed. 0 Represent City at construction progress meetings to ensure construction is in connp�iancevvith City plans and specifications. Exhibit AwResolution Page 4o[5 �����maUn����s2�p����u\�� %�� (pze)zmr/zr��x�zs>2a�77as0wwwp�wno'�o^m /cmnm@io/c,viUc| ��|| v�q�' a Attend weekly I-on-1 (or as-needed) meetings with the Facilities Development Manager, * Attendnnmmthly City Manager CKP update meetings. a Attend meetings with City staff, as needed. a Prepare draft staff reports, as needed. 0 Provide administrative and technical support to the Facilities Development Manager. Budge We propose o time and materials budget for nm average of 10 hours per week for 46weeks. We will only bill for Lorim's actual time spent on the project. The b|Uimg rate and direct cost multiplier used for this proposal are from our 2014 on-call engineering contract. Lorin Jensen, P.E.-46 weeks 10 hours per week x$13Q per hour $59800.08 Direct Cost Multiplier 5%, covers a 11 direct expenses Total: $62,790.00 Thank you once again for considering Pokpour Consulting Group for this pruject. Should you h�aive any questions please do not hesitate to contact mnnt(925) 2Z4-7717. Very truly yours, Group, Inc. Principal Engineer '�\Pw°*m°m"'10uoomm-Jo.an Ranch Park Ranch Park *"pnsaLd"cx Exhibit /\*Resolution Page 5o[5 Aprill 22, 201 - pagmz B�� Tie mnn -Pro pvsa/x, Provide Project Management for Jordan Ranch Park E�L X CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PAKPOUR CONSULTING GROUP, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ('City') and Pakpour Consulting Group, Inc.,rConsultant") as of July 1, 2014, Sectlon I. SERVICES, Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict In or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 80, 2016, the bale of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged In the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1,3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of ser'vices pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION, City hereby agrees to pay Consultant for services outlined in Exhibit A in accordance with'the hourly rate schedule attached hereto as Exhibit 8. In the event of a conflict between this Agreement and Consultant's proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments spec €fled below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person, Consulting Services Agreement between June 17, 2014 City of Dublin and Pakpour Consulting Group, Inc. Page 1 of 18 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and beneN of employees and subcontractors of Consultant, Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 lnvolces. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following Information; • Serial identifications of progress bills; i.e., Progress Bill No.1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ■ The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an Invoice that complies with all of the requirements above to pay Consultant. 2.3 IF nal Pair en . City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additlonal sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additlonal service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a (ask or for the entire Agreement, Consulting Services Agreement between June 17, 2014 City of Dublin and Pakpour Consulting Group, inc. Page 2 of 18 f unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment, 2.5 Hourly l=ees. l=ees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's Proposal. Expenses not listed are not chargeable to City. Reimbursable expenses are Included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 payment of Taxes. Consultant is solely responsible for the payment of employment taxes Incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination, In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate fogs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.14 Rate Adjustments. Corsultant will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City, The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco - Oakland Bay Area published by the U.S. Department of Labor, Bureau of Labor Statistics (Index) which is published for the year ending In December. If the Index has increased over the Index for the prior year, the rates for the following year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit B. A sample calculation is set forth below. The Public Works Director shall calculate the adjusted rate on each anniversary date of this agreement and shall provide notice to Consultant of such new rates. SAMPLE CALCULATION: (Using 1% index increase as,an example) HOURLY CHARGE RATE $150.001hr INDEX INCREASE (Assuming 1%) 154 x.01 = 4.50 1,501hr $151.501hr Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services Consulting Services Agreement between June 17, 2014 City of Dublin and Pakpour Consulting Group, Inc. Page 3 of 18 required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City, In no event shah City be obligated to furnish any facility that may involve Incurring any direct expense, including but not limited to computer, long- distance telephone or ether communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" Insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of suph insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution, 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and ail persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION COLLARS ($1,000,000.00) per accident. in the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self - insurance complies fully with the provisions of the California Labor Code. Determination of whether a self - insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 42 Commercial General and Automobile Llablilty insurance, 4.2.9 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) Consulting Services Agreement between dune 17, 2014 City of Dublin and Pakpour Consulting Group; Inc. Page 4 of 18 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 422 Minimum scope of coverage. Commercial general coverage shall be. at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.11188) or Insurance Services Office form number GL 0002 (ed. V73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad f=orm Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed.12190) Code 8 and 9 rany auto "). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shah be included In the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, premises owned, occupied, or used by- Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis, c. An endorsement must state that coverage is primary insurance with respect to the City and Its officers, officials, employees and volunteers, and that no insurance or self - insurance maintained by the City shall be tailed upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. Consulting Services Agreement between June 17, 2014 City of Dublln and Pakpour Consulting Group, Inc. Page 5 of 18 e, An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by cent €Tied mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional liability Insurance, Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing worst pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4,3.1 Any deductible or self- insured retention shall not exceed $150,000 per claim. 4.3,2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mall, return receipt requested, has been given to the City, 4.3.3 The policy must contain a crass liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a cla €ms -made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage, d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. Consulting SerAces Agreement between City of Dublin and Pakpour Consulting Group, Inc. une 17, 2014 Page 6 of 18 4.4 All Policies Requirements. 4.4.9 Acceptability of Ensurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL 4.4,2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each Insurance policy are to be signed by a person authorized by that insurer to bind coverage on Its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4,4.3 Subcontractors, Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation, The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's Interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement, Curing the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an Increase in deductible or self - insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4,4.5 Notice of Reduction in Coverane. In the event that any coverage required by this section is reduced, limited, or materially affected In any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage 4.5 Remedies, In addition to any other remedies City may have if Consultant falls to provide or maintain any Insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which Consulting Services Agreement between June 47, 2444 City of Dublin and Pakpour Consulting Croup, Inc. Page 7 of 18 are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demons #rakes compliance with the requirements hereof; and/or ■ Terminate [his Agreement. Section 5, INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall Indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and'volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work, The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions. of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth In Section 2778 of the California Civil Code, Acceptance by City of insurance cerlificates and endorsements required under this Agreement does not relieve Consultant from liability under this Indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PIERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT, 6.1 Independent Qqntractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City, City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3, Consulting Services Agreement between June 17, 2494 City of Dublin and Pakpour Consulting Group;:fnc. Page 8 of 18 however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. {Notwithstanding any other City, state, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CIty and entitlement to any contribution to be paid by City for employer contributions andlor employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS, 7.1 Governing Law, The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits,. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunily. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, maritai status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Consulting Services Agreement between .tune 17, 2014 City of Dublin and Pakpour Consulting Group, Inc. Page 9 of 18 Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement Section 8. TERMINATION AND MODIFICATION. 8.1 Terminairign, City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' wrilten notice to City and shall include In such notice the reasons for cancellation. fn the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for In Subsection 1.1, Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses Incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. . 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provislons of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement, Consulting Services Agreement between ,tune 17, 2014 City of Dublin and Pakpour Consulting Group, 'Inc. Page 10 of 18 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to [his Agreement, 8.6.3 Retain a different consultant to complete the work described In Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 91 KEEPING AND STATUS OF RECORDS, 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City, Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, unlit final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit Qf the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Consulting Services Agreement between June 17, 2014 City of Dublin and Pakpour Consulting Group, Inc. Page 111 of 18 Section Jig MlSt;ELLgi4E0li52ROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees In the same action or in a separate action brought for that purpose. 10,2 Venus. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States district Court for the Northam District of California. 10.3 Severabllity. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breech. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 83000 of seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner In the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 ef.seq., the entire Agreement is void and Consu #cant will not be Consulting Services Agreement between June 17, 2014 City of Dublin and Pakpour Consulting Group, Inc, Page 12 of 18 entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 9090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration, This Agreement shall be administered by the Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Joubin Pakpour, President Pakpour Consulting Group, Inc, 5776 5toneridge Mall ltd, #320 Pleasanton CA 94588 Any written notice to City shall be sent to: Gary Huisingh, Public Works Director City. of Dublin Public Works 440 UVIC Pima Dublin CA 94668 10,11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design spdcifications, and each page of construction drawings shall be stamped /sealed and signed by the licensed professional responsible for the reporfldesign preparation, The stamp /seal shall be in a block entitled uSeal and Signature of Registered Professional with report/design responsibility," as in the following example. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and Including the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Consulting Services Agreement between June 17, 2014 City of Dublin and Pakpour Consulting Group, Inc. Page 13 of 18 CITY OF DUBLIN � xz /" 4 Christopher L. Foss, City Manager Attest: L.� Caroline Soto, City Clerk Approved as to Form: Johnfakker, City Attorney G: ICON SULTAHTS1PakpouMI4 .1$1PekpourAgntEoglneedrng 5erVim.dx PAKPOUR CONSULTING GROUP, INC. Joubin o r, President Consulting Services Agreement between June 17, 2094 City of Dublin and Pakpour Consulting Group, Inc. Page 14 of 18 EXHIBIT A SCOPE OF SERVICES ON -CALL ENGINEERING SERVICES The scope of service under this on -call engineering services agreement includes the following: Civil Desl nlPro ect Mena amen 1. Assist the City in managing small to medium -sized Capital projects including the preparation of staff reports, engineering studies, project planning and coordination with other agencies and utilities. 2. Assist the City in acquiring the necessary approvals from Caltrans Local Assistance DIvision on federally- funded projects including preparation of forms and documents to acquire the project E -76 approval to construct, and/or other funding agencies including the Alameda County Transportation Commission and Metropolitan Transportation Commission. 3. Assist the City in managing consultant work including signing, traffic handling and stage construction, landscaping, utility undergrounding, irrigation and roadway lighting, 4. Assist the City in managing the construction of small to medium -sized projects including advertisement of projects, response to request for information, review of bids, award of contract, project accounting, and closeout. 5. Perform Topographic Survey for the design of capital projects. 6. Perform Utility Research and coordination with Utility companies. 7. Perform Base Mapping of capital projects, B. Prepare baseline project design schedule using critical path method and update schedule as necessary. S. Prepare all necessary project environmental documents or manage environmental sub - consultants work and implement the environmental mitigation measures in the design of the project. 10. Prepare application for and assist the Cily obtain the necessary permits and approvals from appropriate agencies. 11. Perform or manage sub - consultants in the preparation of geotechnical services required on the project including determination of soil "R" values, pavement structural section, and other required soil characteristics for design of structures, 12. Prepare preliminary design of projects and alternative design studies, as required, 13. Perform right -of -way engineering including right -of -way base map, exhibits, plats and descriptlons. 14. As necessary, manage sub- consultants' work in preparing appraisal reports and right -of- way acquisition. Consulting Services Agreement between ,tune 17, 2014 City of Dublin and Pakpour Consulting Group, Inc. Page 15 of 18 15. Perform project design at the 35 %, 65 %, 95 1A and 100% levels including cost estimates, as required by the City. 16. Prepare Storm Water Quality and Erosion Control plans in compliance with the latest requirements of the California Regional Water Control Board, San Francisco Bay Area ti region, 17. Prepare final engineering cost estimates and contract bid documents based on the latest bid item unit costs, Caltrans 2010 Specifications and Standard Plans, and federal requirements on federally - funded projects. 18, Provide design support services during construction and prepare final record of drawings based on as -built drawings provided by the City, flav�lo�menf Review 1, Serve as engineering project manager and primary engineering reviewer for a wide variety of land development, subdivision and building permit applications. 2. Act as an extension of City staff, protecting the interests of the Clty and its residents throughout the life of each development project 3. Review and manage multiple land development, subdivision and building permit applications from initial planning entitlement through improvement plan and final map approval, construction and final sign -off of improvements. 4. Review various planning entitlement applications such as Tentative Maps, Site Development Reviews and Conditional Use Permits. 5. Develop conditions of approval. 6. Review parcel maps, final maps, tract improvement plans, grading plans, street improvement plans, plot plans and building permit plans for conformance with published City and State regulations and engineering standards of practice, including ADA and accessibility requirements. 7. Review plans for conformance with the requirements of the RWQCB NDPES Municipal Regional Permit (MRP), including but not limited to: L Low impact development. ii. Source control. iii. Design of storm water treatment measures and sizing calculations. iv. Hydromodification standards and the use of BAHM software to both design and review detention and metering devices. v. Trash capture. 8. Work collaboratively with Public Works staff and other City departments such as Planning, Building, Fire and Environmental Services during the review process. 9.. Coordinate the review and approval process with outside agencies such as Dublin San Ramon Services District, Zone 7 and Alameda County. 10, Correspond directly with applicants and their design teams. Consulting Services Agreement between June 17, 2014 City of Dublin and Pakpour Consulting Group, Inc. Page 16 of 18 11. Attend meetings with applicants and staff and conduct various other duties at City Hall in order to efficiently coordinate project reviews with City staff. 12. Write memorandums summarizing plan review comments for transmittal to the applicant. 13. Write staff reports for City Council meetings. 14. Preparation of agreements including long term encroachment agreements, stormwater operations & maintenance agreements and subdivision improvement agreements, 15. Administration of surety bonds associated with various agreements, 16. Preparatlon of grant deed and grant of easement documents and review of associated plat maps and legal descriptions, 17. Perform field inspections of projects under construction. Consulting Services Agreement between dune 17, 2014 City of Dublin and Pakpour Consulting Group, Inc. Page 17 of 18 EXHIBIT 8 COMPENSATION SCHEDULE City shall pay Consultant for work to be performed pursuant to this Agreement per the Fee Schedule(s) entitled, "Organization Chart and Billing Rates," attached hereto. Consulting Services Agreement between June 1 T, 2014 City of ❑ubiin and Pakpour Consulting Group, Inc. Page 18 of 18 w Proposals for r On -Call Engineering Services — Civil Design and Project Management t9 I - � Organization Chart and Billing Rates MR, Design Team Gary Ushiro, P.E., QSP /D Senior Engineer Kurt Wurnitsch, P.E., QSP /D Senior Engineer Brandon Laurie, P.E. Project Engineer Victor Fung, E.I.T. Project Engineer Feraydoon Fars!, E.I.T. Project Engineer Billing Rates Project Manager Joubin Pakpour, P.E. Principal Engineer Principal Engineer $140 / hour Senior Engineer $130 / hour Project Engineer $120 / hour Engineering Technician $100 / hour Quality Control Phil Harris, P.E. Principal Engineer Surveyor — Guida Surveying Pokpour Consulting Group bills reimbursable and direct costs at a rate of 5% of labor cost. No separate charges will appear for mileage, copies, faxes, plots, etc. We do not mark up our sub consultants invoices. 7 RiE Pakrwur{:omt ng LirvxlEs, JKK. r' Proposals for On-Call Engineering Services — Development Review Organization Chart and Billing Rates V Project Manager Gary Ushiro, P.E., QSP /D Senior Engineer Development Review Team Kurt Wurnitsch, P.E., QSP /D Senior Engineer •.wrLx�iei trw!•n;. Faribora Heydari, E.I.T. Project Engineer Billing Rates Senior Engineer $130 / hour Project Engineer $120 / hour Pokpour Consulting Group bills reimbursable and direct costs at a rate of 5°% of labor cost. No separate charges will appear for mileage, copies, faxes, plots, etc. We do not mark up our sub consultants invoices. 7 E W, II AV" CunvA r% Group. Utz:. AIMEN111[)IMENT #1 TO COINSW TING SE111:RVICIES AGIR111: IIE1110111: INT I BETWE IN 'TIHIE cit ry OF DUIB11I I .INID IPAIKPOUR CONSM DING GROW:' WI11111::::::IRIEAS, oin,.Julyl, 2014, the Cft y of I1' .)l (hereinafteir referred to as "Cl 1l Y") and Il::)A,K11:::110U11::R C'ONSW I IING GROUP (herefiria-ft(,ir refeirr ' to as u ' INSUI I AIN 1I entered in-to a Consuldrig Sev vices Agreeinnentfor Clivfll Desugn and fteir ProjecA Management, and Development R(...,�ivew engineering seTvites (Ihereina refi ::.rred to as the F")i and WHEREAS, the exisfing AG11REEMEIN'l Ihas a bA10 yearterm, expliring on June 301, 2016; and WH111:..:..:.1::,?IEAS, the U FY and CONSU11 TAIN r now welsh to arum m.] the Agireernenitto extc�md thetwo year term, arnend invoirling terms and -to amend coinflict of interc....,svt language. IN OW T111-i IR IE IF 0 IR for good and valuable u.-misideration, the suffideincy of mihic[,ii is, hereby acknomileft Nrt ft:..� AGIRBEIMEIN I is aim(:.Md(:NJ as folll ows:: 1) Section 1.1 1I enTi of Services. s1haH be re..,.<:zlnded in ill eridretV and replaced with ......................................................................................... the folloMing: I einim of Seirvilices 1� heterm of this Agreeiment shall begin oin the date .............. first noted albove av i(J shall end oni June 30, 2018, the date of complefion speci-fied in - E I - h - i b .. l� - t A . and Consultant s1hall coirrijpk:..�t(:..� the mtork, described in E xJbilbit A pidoir to that date., unless -the tern of the Agreement is othenmise ... .... ...... terminated or extended, as provided for- fin Se.;,;ctlori 1"he flime prmdded -to Consultant to conriplete -the senkes reqi..dred lby t1his Agreement shafl inat affe(:,f. the C'1ty"s right t() teriminate the Agreement, as provided for fin Section 8, 2) Section 2.1 111.3v gl..gg s. shafll be rescinded iiru its enfirety and Ir elplaced With -tlh(:.., folkmirlgs 2 1 III.n v o 11 ae a,, Consultant. u afl submit linvoices, rilict moire often 0m in once a rnoin-th during the k".�irnri of t1his Agreement, based on the cost for serviu.'s performed and rc..mwiimbursalble costs l ncurred Ipriior to the invoice date. INN individual pefforminq work l..jindeir tINs Contract 1hall The Iran ore t.1h,,..a.n 2,000 Ih(-.)urs in afiSCW YE.w air unless approved, iirm wrifing, by the iit If anage-ir or Ihi,.: (-.h.-.,sgnee. finvolce,,-.z, s1hall co main the folk.ming informatiom: Serlall kA:mfificatlons of progrc...wss Ibiilll s; ii.. e,., Progress IBillll No. 1 for. the fi irst i in vo ice, etc. 1 Ihe lb(:. giiinnil'ng and endling dates of the Ibillfiin g peiriod, Airneiridirneilitfl To Coilisl..J�ta lilt 'kalw1cra'S Agrpmarl(...irlt ei ii City of Flulbhni airid IPAIKIPOIUR COINSU11 TING GIRROUIP 3)1 Pla it ira p Ih 10 7 Q.o n-fl i cf. of I irrterest s ha Ill The res ci inded ii n iIs ent Bret y aired' it elp aced milith the full ming: Consultant slhaH nan t. eimploy ainy City officiall lin the work performed pursuant -to this Agreement. No officeir or eimployee of City shaH Ihave any' fiinairu ciW interest iin t1his Agreement that WDUld vWate Cah-forinia G ov irruim rnA Code Secti on s 1090 et seq. A nne indiment #1 "To C WSU]Itant Sery ices Agreem e nt between City of IDu fain aind PAIKPOUIR CONSULTING GROUP IIMA,Y20-16�'DP�NIIMC��AiVIEIRSIOIW,I L.mdeirstainds t1hat, if this Agreement is innade iin viollatloin of Goveriniment Cade § 1090 sit. seq., t he e in'fi re Ag reennent i s vo id a Ind Con s u 1-tant w 11l� I in ut be emlUed h) any compensation for- serviices, perforrineid pidirsuaint Withis Agreeimeint, hricludling reimbursement of expenses, aind Coinsi.Atant mAll' lbie requred to reirnbuirse the City,for ainiy suinns, 1paid to the Coin%u,.jltant. Consulant understands tha-t, in addifion V::) -the fi::)ir(: li ii[j, lt it nay The subject to cri rin i in a I pr sec So n 6o r a v b I ah an of G ove rini inneint. Code § 1090 sine, if apphicaUt SAMI be disqualified from hokliln Ipuubliic fic e iin the State of CaHfonnla.. Pliriinc-;ipahs and those perkwnniing work, -foir City of Di..jiblirl gl..o y be r&::juiired -to subimit a Califoirini a f:::4r 11:::1olitical Prechices Cannimissioini (1:::::PIP(,) Form 700. Statement of ll:: coinoiimic Ilnt erests cun'n enrtin Ipoteintii al f[i minclial conflicts (:A iint.E.,,,rest.. For addlonW irloiri-na-tioin, Ipr olposeirs shm.,ild refer tothe f:::IPII::::lC webske at 4) Except to the exteint inconlatent with t1his First Amendinrient., the 1:::lairtles Ir atify aind confirm afl of the teinims and o onditions of the AGIRJEIEMI[:: II q F . 0 c 0 1 n S.. iFt. I.., ii I CRy of Dubb and IFIAXPOILIR COINN!!;Llll TING GROLPIP IM AY 2 01 161 ID, Fl lAf/N C IMME RS 1101 IT'll III W! MESS Wl 11:2AREOF, thle Ipaiftu le IIileir letic) Ih ame causled th[s First Arnl(-,,imdiiTieint to be exelautield as of the datle. anid year first atmvle wirlttieiii. CITY OF IDU11311 IIIN Caroline Soto, City Clerk 0 A inn e ndinneirit #1 (.:u ( . ',arisuftant Servic.,es Agreement lbetmleeiri City of Di..A.)Ilrii wind PAIKPOUR CONSULTING GROUP IMAY 20161DI.P�N INCINI lll:..:.IRSIIONI