Attachment 1 - Dillingham Associates - Agreement for Consultant Services
Page 1 of 7 Dillingham Associates
Agreement for Consultant Services ATTACHMENT 1
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification on the 6th day of June 2023 by and between TOWN
OF LOS GATOS, a California municipal corporation, (“Town”) and Dillingham Associates
(“Consultant”), identified as an Individual/Sole Proprietor and whose address is 2927 Newbury
Street, Berkeley, CA 94703. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant for the Preliminary Design Services for the
Pinehurst Community Garden (CIP No. 831-4610) and Lynne Avenue Pedestrian Path
Design (CIP No. 832-4510).
1.2 The Consultant represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain proposal
sent to the Town on June 2, 2023, which is hereby incorporated by reference and attached
as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect upon execution to June
30, 2024. Consultant shall perform the services described in this agreement as described
in Exhibit A.
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town’s property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
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pursuant to this Agreement are confidential until released by the Town to the public, and
the Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release. The Town acknowledges that the
reports to be prepared by the Consultant pursuant to this Agreement are for the purpose
of evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Consultant in connection with other projects shall be solely at Town's risk,
unless Consultant expressly consents to such use in writing. Town further agrees that it
will not appropriate any methodology or technique of Consultant which is and has been
confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed
$123,556, inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft
form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the Town at the Consultant's
offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Consultant may perform some obligations
under this Agreement by subcontracting, but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement. Consultant agrees to
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testify in any litigation brought regarding the subject of the work to be performed under
this Agreement. Consultant shall be compensated for its costs and expenses in preparing
for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the Town
in the subject of this Agreement, and it shall immediately disassociate itself from such an
interest, should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps to
ensure that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: two million dollars ($2,000,000) combined single
limit per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
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iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its elected and appointed officials, employees, and, agents are to
be covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of Consultant, premises owned or used by the Consultant. This
requirement does not apply to the professional liability insurance required
for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its elected and appointed officials, employees, and agents. Any
insurance or self-insurances maintained by the Town, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and
shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
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of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
the Town its elected and appointed officials, agents, employees and volunteers from all
damages, liabilities, penalties, costs, or expenses in law or equity that may at any time
arise or be set up because of damages to property or personal injury received by reason of,
or in the course of performing work which may be occasioned by a willful or negligent act
or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or
any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen days (15) written
notice of termination. In the event of termination, the Consultant shall deliver to the
Town all plans, files, documents, reports, performed to date by the Consultant. In the
event of such termination, Town shall pay Consultant an amount that bears the same ratio
to the maximum contract price as the work delivered to the Town bears to completed
services contemplated under this Agreement, unless such termination is made for cause,
in which event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
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Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Dillingham Associates
2927 Newbury Street
Berkeley, CA 94703
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
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IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
Consultant, by:
M. Reed Dillingham, Principal
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
Dillingham Associates
Agreement for Consultant Services EXHIBIT A
Proposal for Landscape Architectural Services
Pinehurst Community Garden (CIP No. 831-4610) and
Lynne Avenue Pedestrian Path Design (CIP No. 832-4510)
Prepared for the Town of Los Gatos
Prepared by Dillingham Associates Landscape Architects
June 2, 2023
Approach & Understanding of Each Project
Pinehurst Community Garden
Municipal community gardens have become increasingly popular in the past ten years, a
movement that increased during pandemic conditions. Santa Clara has recently opened the
Eddie Souza Community Garden on the San Tomas Aquino Creek Trail, which has classes and a
wait list for plots. Cupertino is currently building a new community garden in Wilson Park.
Under-utilized parcels such as the Pinehurst lot are a perfect opportunity for a use that creates a
community gathering place, as well as a new civic facility.
The groundwork for the community garden project has already been laid with the support of a
community that has already developed a preliminary site layout. This effort suggests that the
process of outreach and engagement can be a productive one. The sketch plan creates a good
starting point for discussion of program, size, scope, function, and adjacencies. Preliminary
comments from PG&E and from Ninyo & Moore also provide clear guidance for design
constraints and for outreach meeting agenda items.
The key task for this type of project is the ability to listen and respond to community ideas and
concerns. The neighborhood has already invested energy into this project, and they will be the
workers who will maintain the garden, and over time will curate the site into a unique garden.
Moreso than many park projects, a community garden is an opportunity to incorporate the
public’s vision into its physical form.
The proposed program is relatively straightforward, buildable and feasible. We can support the
current program, but will endeavor to work with community members to verify whether any
additional elements may be feasible.
While preliminary comments from PG&E and from Ninyo & Moore provide guidance, they also
pose design challenges. We are fortunate to be able to partner with Christian Macke of 122 West
landscape architects, who have a deep portfolio of community garden projects built upon
extensive outreach processes.
After preliminary conversations with Ninyo & Moore, we propose to work with their team to
refine the boundary of food operations, by further analyzing the limits of organochlorine
pesticides (OCP) in the soil. Organochlorine pesticides were used extensively from the 1940s
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Agreement for Consultant Services EXHIBIT A
through the 1960s in agriculture and mosquito control, but due to both their environmental
persistence and neurotoxicity, their use has been banned or greatly reduced in the last decades.
We propose to sample and analyze three (3) additional borings, and to provide a sequential
analysis, which can be used to potentially save lab costs, pending results.
Beyond the basic amenities shown in the Sample Layout diagrammatic plan, many
enhancements could be considered. • The meeting area can be planned and designed to be an outdoor classroom, a small plaza,
and a setting for group meetings. Many good ideas and discussions come from informal
gatherings and chance encounters. • The garden would benefit from both informal seating areas, and one or more larger group
areas. • An attractive entryway and signage can provide a new neighborhood landmark and site
identity. • The type of buffer interface between the garden and adjacent residences should be
considered, despite the small site area. • Storage for group and personal gardening tools will be useful. • Parking for site managers, and optionally also for gardeners. • Shaded seating and/or gathering areas. • Storage of compost, soil, mulch and other materials.
While limitations from PG&E and Valley Water, among others may impact the plan and project, we
are passionate to advocate for a design that the community backs, to the extent that it is feasible in
terms of costs and permissions. This garden can create an opportunity and a public space that Los
Gatos does not yet have. The proposed garden and path, along with Howes Play Lot, will create a
unique greenway with a sequence of experiences.
Most proposed planting will be in raised planter beds, the design of which allows for very low
risks from any remnant soil pesticides (Organochlorine pesticides) due to the ease of installing a
soil cap and importing soil as a growing medium. A soil cap could come in the form of clean soil,
or a concrete slab, or a combination of the two throughout the site. It is not advised to pave a
concrete slab base for the entire garden; however, a concrete cap might form an entry plaza, a
driveway, or a work space while portions of the remainder of the site would be capped with only
clean soil, a geotextile fabric, and optionally a wire mesh.
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Agreement for Consultant Services EXHIBIT A
Lynn Avenue Pedestrian Path
This parcel has the potential to act as a bridge, connecting the Howes Play Lot with the new
community garden. Depending on the results of community outreach and input, our approach to
the design may be relatively straightforward. The plan would prioritize visibility of the pathway
from streets at both ends. In addition to the pathway, some amenities that may be desired may
include the following:
• compacted crushed rock jogging path;
• benches;
• trash containers at either end of path;
• drought-tolerant plantings;
• temporary irrigation for plant establishment
• pedestrian / security lighting. Amenities, including lighting, would not be located near
residences in order to minimize impact on neighbors.
For a unique parcel such as this, some considerations should be taken during design:
• The existing site has easements for both PG&E overhead electric lines and for Valley Water
pipelines, with minimal existing vegetation.
• whether easements, utilities and site conditions may limit the location of a paved pathway
within the parcel. Our office would assist the Town with coordination with each utility
agency, and all other stakeholders.
• any need, by the Town or other agencies, to have limited control of public access to the
parcel;
• specific limitations on pavement structures, trees and shrubs, and new irrigation
infrastructure within the right-of-way;
• design limitations related to security visibility or fire access;
• limitations on any additional site furnishings and amenities, such as benches, signs, and
lights.
After preliminary conversations with Ninyo & Moore, we believe that the possible presence of
orchard pesticides (OCPs) on this parcel does not pose a risk to users of a pathway. However, as
our site knowledge is still preliminary, we have included a fee allowance for testing for budgeting
purposes.
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Agreement for Consultant Services EXHIBIT A
Description of Scope Tasks
Task 1 – Project Management
Project management for planning and design projects encompass the key project areas of
schedule, fees, communications, team management, scope coordination, and quality control.
Below is an outline of related proposed tasks. See the Fee Proposal worksheet for more details.
• Develop Project Work Plan;
• Management of team sub-consultants;
• Site Analysis and Background Documents Review;
• Attend (2) Field Meetings / Site Visits (including travel time);
• Attend up to (2) Coordination Meetings with Town and other agencies involved the project,
including PG&E, Santa Clara Valley Water (SCVW), and San Jose Water.
• Attend one (1) Coordination Meeting with Town’s Staff Arborist. Subconsultant Arborist
scope is included below in Task 2.
• Preparation of Meeting Notes.
• Quality Control reviews.
Coordination efforts with PG&E and with SCVW will have the objective of determining restraints
on site design, such as construction limitations, minimum access needs, and site security. A
second objective will be to seek the utility districts’ guidance on the best ways to meet project
needs, such as shaded gathering spaces and tool storage, within the standard restrictions.
Deliverables: Project Management/Work Plan, addressing schedule, communications, team roles,
and review process; Meeting Minutes.
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Agreement for Consultant Services EXHIBIT A
Task 2 – Site Analysis
A. Topographic & Boundary Survey
B. Supplemental Soil Toxicology Analysis
C. Consulting Certified Arborist
D. Horticultural and Fertility Soil Analysis
Task 2, Dillingham Associates tasks
In addition to the sub-consultant tasks shown below, Site Analysis tasks to be performed by the
prime consultant include preparation of Base Maps, development of Site Inventory Plans, and
development of Opportunities & Constraints Plans. These plans will be developed based upon site
information provided by subconsultants, and verified by one or more site visits.
Per our standard practices, we will submit a soil sample from the West Parcel site to a lab for
horticultural planting analysis. This task and analysis is separate from Task 2C, below to expand
upon previously performed soil toxicity analyses.
Task 2A) Topographic & Boundary Survey
As shown in our fee proposal, we will prepare topographic and boundary survey mapping for
both sites, what are labeled in this proposal as the West Parcel, the site of a future community
garden; and the East Parcels (two parcels), the site of a future pathway. We propose to
complete the survey field work simultaneously for both project sites, while keeping the fees for
each project clear and separate. Note that Lynn Avenue itself will not be included in the
topographic surveying scope area, as this project does not propose new sidewalks along Lynn
Avenue. Rights-of-way and easements will be defined from record maps and documents
supplied by PG&E and by the Santa Clara Valley Water District. The survey will include surface
utilities, fences, approximate location of overhead utility wires, crosswalks, signs, curb, gutter,
sidewalk, trees over 4-inches in diameter, driveways and gates. Sufficient number of spot
elevations will be taken to generate 1-foot contours.
Topographic surveying fee, for multiple sites, with subconsultant PLS Surveys is shown in the Fee
Summary Table. Figures include 10% prime management fee.
Task 2B) Consulting Certified Arborist Services
We propose to work with our Arborist subconsultant Molly Batchelder of SBCA Tree Consulting
in Crockett. The arborist will survey all trees on site that are over 4-inches in diameter
(estimated to be 10-15 trees). The survey will include a Tree Location Map, and will record data
on the species; DBH; height; spread; health and structural condition; suitability for retention;
pruning or health mitigation recommendations; Root Protection Zones (RPZ); and other
pertinent arborist notes. A summary report will contain pre-construction health mitigation
recommendations, commentary on tree retention suitability, and replacement species
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suggestions.
The Arborist fee includes any needed coordination with the Town’s staff arborist or Tree
Division, as needed. We do not propose to file for Tree Removal Permits during the 35% phase of
work. The Arborist will also make recommendations to the Town for treatment of neighboring
tree branches which encroach into the project parcels across fence lines. If needed, the Arborist
would assist in coordination with PG&E and/or SCVW to discuss tree trimming and removal
requirements. We propose to complete the Arborist consulting work simultaneously for both
project sites, while keeping the fees for each project clear and separate.
Task 2C) Supplemental Soil Characterization Analysis – Garden site only
The Town is already in possession of a 2022 Soil Characterization Report by Ninyo & Moore, for
the West Parcel, for the proposed Pinehurst Community Garden site. The objective was to
assess the lateral and vertical extent of soil impacts from constituents of concern, including
organochlorine pesticides (OCPs). Previously, samples from four boring locations were analyzed,
and OCPs were present in notable quantities at boring location B-4. Subsequently, in April 2022,
samples from four ‘step-out’ borings near location B-4 were also analyzed.
In order to refine the location of pesticides, the proposed additional soil analysis would include
soil sampling analyses of (4) new borings, at 3-ft depth, with (2) samples per boring location.
Samples will be analyzed for the presence of organochlorine pesticides (OCPs), and Title 22
Metals. The additional analysis work would be performed at the same screening level as the
2022 work, a Tier 1 Environmental Screening Level (ESL), a level that is used for ‘terrestrial
habitat,’ such as park land projects.
We have also listed an additional optional task below for Risk Assessment and Statistical
Analysis.
The future program for the Lynn Avenue Pathway project at the East Parcels is less determinate.
As such, we propose that the Town defer the task of soil testing and toxicology analysis within
the East Parcels until both a site program and a master plan or conceptual design plan are
available. The program and concept plan will allow the Town to determine whether soil testing
is advisable, what type of testing, and in which locations. Under similar project conditions, the
site is often not tested until construction is near.
Deliverables: Boundary and Topographical Survey; refinement of Soil Analysis; Risk Assessment
and Statistical Analysis; Arborist report and supplemental comments; Horticultural lab test
recommendations; Site Inventory Plan; Opportunities & Constraints Plan.
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Agreement for Consultant Services EXHIBIT A
Task 3 – Community Engagement
We propose to lead the Town’s efforts to prepare outreach materials, graphics, meeting agendas,
presentations, and meeting minutes. In addition, we will prepare for and moderate three
community meetings, either in-person or virtual, and will work with the information the Town has
and the Town’s methods of communicating with neighbors and other interested parties.
Techniques vary for working with different size groups vary, particularly in reference to feedback
from the audience. With smaller groups, it is easy to have direct back and forth conversations
about concerns. With much larger groups, the interaction needs to be more structures such as
advance delivery of questionnaires and responses so that complex issues can be addressed at the
actual meeting. Our subconsultants will help lead these meetings.
Both the Garden project and the Pathway project would be addressed at each meeting described
below, with a joint agenda. Because the Garden project already has some level of community
support and awareness, the joint nature of the two projects makes for an excellent opportunity to
for joint meetings. This format would likely provide a great form of public input for the Lynn
Avenue Pathway project, input that would be difficult to provide if the two projects did not hold
joint meetings. One likely scenario is that community members may attend meetings about the
Garden project, and would stay to be able to provide input and comment on the Pathway project.
However, the meeting agendas should be designed with the understanding that the type of input
needed for each project is quite different.
The Garden-related meeting agendas are described below. However, the Pathway-related
meeting agendas are not yet developed. The breadth of the Pathway agenda should be
developed in concert with Town staff. Because this project is still more preliminary than the
Garden project, the meeting agenda will require discussion to determine whether to focus on
Phase One improvements, long-term options, or both. Below are some optional meeting topics:
• Assessment of local recreation opportunities;
• Site Analysis;
• Goals and Objectives;
• Site Program, including passive and/or active recreation;
• Constraints and Opportunities of Site and Program;
• Support elements, including parking, circulation, buffers at neighboring properties, noise,
and lighting; Development Phasing, Schedule, and Costs.
Our subconsultant landscape architects, garden designer Christian Macke and trail designer Sofia
Zander, would assist with early Community Engagement meetings, as they have extensive
experience in public engagement. Their efforts would focus more upon the community meetings
than on the Parks Commission meetings.
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Agreement for Consultant Services EXHIBIT A
In our experience, two to three outreach meetings form a minimum or baseline for community
outreach. If special conditions warrant additional outreach meetings, the consultant scope and
fee can be discussed and negotiated. There is little reason at this point to believe that additional
outreach meetings would be needed during later stages of design (e.g. 65%, 100%), but the
question should be considered once the final design stage has commenced.
Meeting no. 1 would be a pre-design kickoff discussions for the community. The Garden agenda
would allow the Town to inform the public about the project background, including site
opportunities and constraints, schedule, budget, soil limitations, program limitations, and
easement limitations. The Garden agenda would also allow garden users to inform the Town of
the desired programs, elements, types and scale of urban agriculture programs, and any concerns
they may have. Depending on the number of participants, small groups could be formed for
sketching and brief discussion, and then ideas could be summarized as a large group. To generate
more discussion, consultants may show images of related Urban Agriculture programs that other
communities have built.
Meeting no. 2A would allow the consultants to present to the community one or more concept
plans which synthesize and clarify the ideas discussed in Meeting no. 1. One or more sketch plans
would be presented for discussion. A key goal of the meeting is to build consensus. Meeting no.
2B would present to the Parks Commission a summary of this Meeting 2A.
Meeting no. 3A would allow the Town to provide a final nor nearly final preferred plan, at a point
after most coordination issues have been resolved with utility districts and subconsultant site
analyses. A Phasing Plan or a draft Phasing Plan has been prepared. Concerns have been
addressed. A preliminary cost estimate has been prepared. Again, one goal is to report, and
another is to build consensus. Meeting no. 3B would present to the Parks Commission a summary
of this Meeting 3A.
Subconsultant Fees
Fees shown for this phase include fees for our subconsultant landscape architects, Christian
Macke and Sofia Zander. Their fees are not shown here, to allow for better project flexibility;
their fees are approximated on the Fee Worksheet. This arrangement will allow the design team
to adapt to project needs for their expertise as they arise, and to allow the team members with
the most capacity to undertake relevant tasks.
Design Work
Much of the related tasks of Conceptual Design and illustration for these Community Meetings is
shown under Task 4, below.
Deliverables: Meeting facilitation, outreach graphics (including Design Concepts or Alternates),
presentations, meeting agendas, meeting minutes, fliers or handouts, surveys, etc.
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Agreement for Consultant Services EXHIBIT A
Task 4 – Conceptual Design and 35% Design Services
Each project will result in a separate 35% design packet, and separate cost opinions will be
prepared for each project. Each project will require separate Phasing Plans. See the Approach &
Understanding section above which provides additional relevant details for these two projects.
Pinehurst Community Garden
The input generated during the Community Engagement phase will be used to guide work during
the Conceptual Design and during the 35% Design plan. The goal during this stage is to advocate
for the community’s vision as best possible, within the constraints of costs and permissions.
The work that falls under Site Analysis Task B1 above (Soil analysis and refinement of pesticide
location) will allow the design team enough site information to better define which parts of the
site will require programs that separate the users from toxic soils, such as driveways and paved
areas.
The Concept Plan will be prepared to allow consensus with Town staff and with the community
and the Parks Commission. The following criteria and elements will guide design at this stage:
• Site Programming
• Utility District restrictions
• Relation with East Lot
• Bed locations
• Dwarf tree planting
• Gathering space(s)
• Neighbor buffer zones
• Parking
• Fences and gates
• Work (lay-down) space
• Tool storage (also wheelbarrows)
• Layout that is feasible with plant needs (light, soil, space, height)
Work for the final 35% plan would develop the consensus Concept Plan, and refine it to allow the
Town and consultant to develop a well-defined work scope for final 100% plans, specifications,
and estimates. This stage would focus on further criteria and elements:
• Staff availability for classes and site events;
• Define planting bed sizes;
• Size of gathering spaces and informal seating locations, and amount of shade;
• Entryway scale and signage;
• Parking capacity in alignment with anticipated need;
Dillingham Associates
Agreement for Consultant Services EXHIBIT A
• Visibility and adoption of CPTED practices;
• Size of buffer spaces between garden and neighboring properties;
• Define size of areas with use restricted by utility districts;
• Tree protection measures;
• Water and hose locations;
• Define vehicle unloading and lay-down spaces;
• Define soil storage area;
• Define tool storage type and area;
• Material selection and level of finish;
Examples of design tasks that would be excluded from this stage include irrigation design; soil
specifications; and construction details.
Deliverables: Program Diagram; Final Concept Plan; 35% Design Plan, 35% Cost Opinion; project
Phasing Plan.
Lynn Avenue Pedestrian Path
The proposed garden and path project, along with Howes Play Lot, would create a unique
greenway with a sequence of experiences.
A summary of existing conditions will be prepared, based on site visits, and on the work of the
land surveyor, the Geologist and toxicologist, the soil lab report, and the project Arborist.
During the Community Engagement process, existing local recreation opportunities in the
neighborhood will be assessed and evaluated, to allow informed consideration of possible new
passive and active recreation programming. A Site Assessment and Analysis will then be
developed based upon the public meeting notes and Town staff input. Constraints and
opportunities will be presented for optional passive and active recreation uses. This analysis will
include review of Town policies and maintenance capabilities.
The final Concept Plan will show proposed site programs, locations, approximate scale, and
relationships between programs.
The 35% Design Plan will include a Cost Opinion, a Phasing Plan, and a range of possible timelines.
Dillingham Associates
Agreement for Consultant Services EXHIBIT A
Concept Design Alternatives
Our process for this phase of design will be to prepare several alternative plans or concepts to
elicit ideas and comments from the audience of neighbors and other interested participants. The
result may be the selection one or another of alternative ideas or some combination of ideas
into a preliminary plan.
35% Design Documents
Based on comments at the public meetings as well as any comments received by mail or email,
we will synthesize the ideas from the public as well as those from the Town and our own into one or
more options or alternative plans. These will be reviewed with Town staff for consistency of intent
with the comments and feasibility with project requirements. Important design details will be
developed and included as part of the 35% project documents.
Subconsultant Fees
Fees shown for this phase include fees for our subconsultant landscape architects, Christian
Macke and Sofia Zander.
Deliverables: Final Concept Plan; 35% Design Plan, 35% Cost Opinion; project Phasing Plan.
Optional Report deliverable: Master Plan design report.
Dillingham Associates
Agreement for Consultant Services EXHIBIT A
Task 5 – Final Design and Construction Documents – Not included in Contract
Scope for this task has not yet been developed.
Task 6 – Bid Award and Construction Administration – Not included in Contract
Scope for this task has not yet been developed.
Optional Tasks – Not included in Contract
Optional Task A - Pinehurst Community Garden – Risk Assessment and Statistical Analysis
For the Pinehurst Community Garden site, most proposed planting will be in raised planter beds.
The design of the raised beds allows for very low risks from any remnant soil pesticides
(Organochlorine pesticides) due to the ease of installing a soil cap and importing soil as a growing
medium.
Our preliminary site assessment has indicated that the site would benefit from tree crops, which
form a good buffer at neighboring properties, and provide more definition and interest to many
gardens. At the same time, our review of PG&E’s Impact Letter (dated 2/3/2023) indicates that
this would be acceptable along the border of the transmission line right-of-way, so long as such
trees are dwarf species no taller than 10-feet.
For tree planting specifically, a Risk Assessment and Statistical Analysis performed by Ninyo &
Moore could provide the Town with some environmental liability protection. If the Risk
Assessment outcome is unfavorable, the result would provide guidance to not plant trees, and if
the outcome is favorable, it would provide some liability protection. Tree crops, in theory, could
benefit from a Risk Assessment. Be aware that most tree fruits and crops are not the locus
where toxins are found, as they tend to concentrate in tree leaves and other parts of the
anatomy. If the risk assessment demonstrates the site to be unsafe, we would work with Ninyo
& Moore to propose and evaluate solutions such as complete soil remediation (excavation and
disposal), capping of toxic soil areas, and limiting garden use to only raised planters.
We are showing an optional task for Ninyo & Moore to prepare a Risk Assessment and Statistical
Analysis. Optional Task 1 would include sampling of 10 new borings, laid on a grid, with
collection of two samples per boring, to have sufficient data set for a statistical analysis. By
proposing likely future crops, the analysis would allow us to complete a risk assessment of those
crops, yielding the probability that a toxin of concern would reach that crop or would reach a
garden user.
Dillingham Associates
Agreement for Consultant Services EXHIBIT A
Risk Assessment and Statistical Analysis fee, for the Pinehurst Community Garden on the West
parcel only, including 10 new borings and 20 samples, with subconsultant Ninyo & Moore is
shown in the Fee Summary Table. Figures include 10% prime management fee.
Optional Task B - Illustrated Perspective Renderings (for either or both projects)
Optional Task C - Lynn Avenue Pedestrian Pathway Master Plan design report
Topics of discussion would include project Goals and Objectives; Site Analysis and Existing
Conditions; Master Plan including organizing ideas, parking, circulation, buffers at neighboring
properties, noise, and lighting; Program Development; Facilities Development; and Development
Phasing, Schedule and Costs. See narrative description above for more details.
Standard Project Procedures and Disclaimers
Submittal to Planning Department or Planning Commission is not within scope.
CEQA, NEPA, Environmental or other regulatory permitting is not within scope.
C.3 stormwater calculations and mitigations, and preparation of stormwater control plans are
not included, and no civil engineering work is within scope.
Structural engineering, inclusive of wall design, is not within scope.
LEED, SITES, GreenPoint, and Bay-Friendly certifications have not been included.
Section 508 Document Remediation services are not within scope.
Additional revisions will be charged at hourly rates; as stated elsewhere in this proposal; or as
agreed with client.
Project is subject to review by only those agencies and entities explicitly noted in this proposal.
Additional meetings, site visits, submittals, and revisions shall be billed at hourly rates shown on
Fee Worksheet.
Only those subconsult tasks and fees shown have been included in this proposal. Other
subconsultant tasks are excluded, including but not limited to civil engineering, architecture,
electrical engineering, geotechnical engineering, structural engineering, environmental
permitting, CASp access consulting, and irrigation design.
If significant findings are made regarding the existing site conditions that affect the scope of the
landscape architect’s work, the contract scope and fee shall be re-negotiated.
Dillingham Associates
Agreement for Consultant Services EXHIBIT A
Fee Summary
Pinehurst Community Garden Design (CIP No. 831-4610)
Task number Task Name Lump Sum Fee
1 Project Management $ 3,038
2 Site Analysis $ 1,355
2A Topographic & Boundary Survey $ 3,080
2B Consulting Certified Arborist Services $ 1,465
2C Supplemental Soil Toxicology Analysis $ 13,200
3 Community Engagement $ 12,125
4 Conceptual Design and 35% Design $ 32,995
LUMP SUM TOTAL $ 67,258
Direct Costs, maximum not-to-exceed $ 850
TOTAL PROJECT FEE $ 68,108
Items not included in this current contract
Optional Task A Pinehurst Community Garden – Risk Assessment and
Statistical Analysis
$ 44,000
Optional Task B Illustrated Perspective Renderings, fee per rendering $ 4,000
Fee Summary
Lynn Avenue Pedestrian Path Design (CIP No. 832-4510)
Task number Task Name Lump Sum Fee
1 Project Management $ 3,038
2 Site Analysis $ 1,195
2A Topographic & Boundary Survey $ 3,630
2B Consulting Certified Arborist Services $ 1,465
3 Community Engagement $ 12,125
4 Conceptual Design and 35% Design $ 32,995
LUMP SUM TOTAL $ 54,948
Direct Costs, maximum not-to-exceed $ 500
TOTAL PROJECT FEE $ 55,448
Items not included in this current contract
Optional Task B Illustrated Perspective Renderings, fee per rendering $ 4,000
Optional Task C Master Plan design report $ 10,000
All fees shown include prime consultant management fees of subconsultants.
Dillingham Associates
Agreement for Consultant Services EXHIBIT A
Schedule
1. Project Start-up / Project Management
Project start date anticipated in July 2023. Start-up tasks duration of (6) weeks. Project management tasks
continue throughout project.
Provide regular updates to the Town’s project manager, including a coordination meeting with Town and
other agencies involved, meeting agendas and minutes. Conduct field visits and site analysis as well as
reviewing project existing documents to fully understand project background and to develop a work plan.
2. Topo Survey and Soil Analysis
Allow (1) month, Concurrently with Task 1. Start July 2023
3. Community Engagement
Allow (3) months. Concurrently with Task 4. Start September 2023
Assistance in outreach efforts; facilitation of community meetings (both in-person and video); presentation of design
concepts and graphics to the public.
4. Conceptual Design Options
4A. Conceptual Design Options:
Allow (1) month. Start September 2023 Comment and
Feedback Turnaround
Allow (2) weeks for comments and feedback turnaround
Document Revisions after Comments from Community and Town Parks Commission Allow (2)
weeks for comments and feedback turnaround
4B. 35% Design
Allow (10) weeks. Start January 2024 Design Package
Submittal
Comment and Feedback Turnaround
Allow (2) weeks for comments and feedback turnaround
Document Revisions after Comments from Community and Town Parks Commission Allow (2)
weeks for comments and feedback turnaround
5. Contract Completion
April 2024