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HomeMy WebLinkAbout4.16 Landscape Architecture Services CITY CLERK File # D6][Q][Q]-[31a AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 6, 2006 SUBJECT: Consulting Services Agreement with A.S. Dutehover & Associates for Contract Landscape Architecture ServIces. Report Prepared by Mamie R. Nuccio, Associate Planner ATTACHMENTS: I) Resolution approving an Agreement wIth AS. Dutehover & Assocmtes wIth Agreement attached as Exhibit A. 2) Consultant Resume. RECOMMENDATION: /1A~ Adopt the Resolution approving a Consulting Services Agrecment r--.A/ I ~ with A.S. Dutchover & ASSocIates and authorizing the City Manager ~f)( to execute the contract (Attachment 1). FINANCIAL STATEMENT: All charges would be funded through developer fees collected in conjunction with the review of development applications or as approved Planning Division budgetary projects in the adopted budget. Consultant services would be hudgeted within yearly budgets as anticipated. DESCRIPTION: During the past several years, the City Council has authorized Staff to hire outsIde consultants on an as- needed hasls to asslSt StaIr wIth specific areas or technical expertise (CEQA, biology, large scale specllic plans, design review, etc.) and overflow of work. The Commumty Development Dcpartment has contracted with several consul tlOg firms on a project hy project hasis with much success. Anticipated workloads over the next several years dIctate that the Department continue to retain consultant firms to assist with the general processing of entitlements for devclopment projects as well as plan checks and field inspections for those projects. Staff is recommending the addition of a new Landscape Architect as a PlmilllOg Consultant, A.S. Dutchover & Associates, due to the increase in development projects which arc being submitted for reVIeW. With several large projects such as Fallon Village, the DiManto property, IKEA, Emerald Place, COpy TO: ITEM NO. ~\b Page 1 of2 C1:\Af.,!;endu:-;\2006\I)Ulchover l..nnl,ract.\O(l-06-0t! I)ulchnver {.'C:SR,doc Dublin Transit Center, and other largc developments anticipated to be submitted for Planmng review and/or to begin construction, the need for this type of servIce has mcreased signi licantly, therefore requiring Staff to seck additional services in order to keep up with cun'ent plmmmg actIvities. The standard contract contains provIsions that the consultant will only perfonn work on a tIme and material basis at the direction of the Community Development DlTector No work will be done without expressed penmsslOn, and all costs will he relmhursed hy the devclopcr or charged to the Commumty Development Department hudget in accordance with the costs associated with a partIcular prOJect. The City has a stml(lard contract for consultant services that AS. Dutchovcr & Associates has reviewed and accepted. RECOMMEND A nON: Staff recommends that the City Council adopt the Resolution approvmg a Consultmg Services Agreement with AS Dutchover & AssocIates and authorizing the CIty Manager to execute the contract (Attacluuent 1 ). Page 2 of 2 It:' !jd RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A CONSULTING SERVICES AGREEMENT WITH A.S. DUTCHOVER & ASSOCIATES ON AN AS-NEEDED BASIS FOR LANDSCAPE ARCHITECURE SERVICES IN THE COMMUNITY DEVELOPMENT DEPARTMENT RELATED TO THE PROCESSING AND IMPLEMENTATION OF DEVELOPMENT PROJECTS WHEREAS, the City of Dublin is experiencing significant wcreases in new development applications; and WHEREAS, with the accclcration of new development projects in both the western and eastern areas of Dublin, the need to retain outside consultant firms is ncccssary; and WHEREAS, Staff has detennmed It necessary to hire technical support to provide landscape archItecture services mcluding deSIgn reVIew, plan checks and field checks ofncw projects; and WHEREAS, the City of Dublin Phuming CommIssion and City Council has directed Staff to process development projects expeditiously and hire consultant firms when services are needed; and WHEREAS, the firm of A.s. Dutchover & Associates has demonstrated that they have adequate ahihty to perform the landscape archItecture servIces reqUIred, and WHEREAS, the consultant will only perform work on a time and matenal baSIS at the directIOn of the Commumty Development Direcl\lT; and WHEREAS, all costs will be reImbursed hy the developer or charged to the Community Development Department budget in accordance with costs associated With certain projects; and WHEREAS, the contract has been revicwed and approved by the City Attorney's Office as to form. NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin docs hereby approve a consulting services agreement with AS Dutchover & Associates. BE IT }'URTHER RESOLVED that the City Manager is authonzed to execute the agreement on behalf of the City PASSED, APPROVED AND ADOPTED this 6th day of June 2006 by the following vote: AYES NOES. ABSENT ABSTAIN 10f2 I-t 1& b/0/0b Attachment 1 ATTEST City Clerk G:\Agcmdus\2006\Dutchuv~ CUTltrucl\Dutchuyt:r CC Resu.doc 20f2 Jefel:).. Mayor .3ofJ. d- CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND A.S. DUTCHOVER & ASSOCIATE (ON-CALL MASTER CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES) THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and A.S Dutchover & Associate ("Consultant") as of June 6, 2006. Section 1. SERVICES. Subject to Ihe terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services 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 one year thereafter, except that the Agreement shall be automatically extended from year to year unless the Agreement is otherwise terminated, 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 Consuitant practices its profession. Consultant shall prepare all work products required by this Agreement in a substanlial, first-class manner and shall conform to the slandards of quality normally observed by a person practicing in Consu ltant's profession. 1.3 AsslQnment of Personnel. Consultant shall assign only compelent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the tenn of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Consultant's obligations hereunder Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consullant for services rendered pursuant to this Agreement at the lime and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between City of Dublin and A.S. Dutchover & Associate June 6, 2006 Page 1 of 13 Exhibit A L(fi f;; d- Consultant and City acknowledge and agree thai compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and ils employees, agents, and subcontractors may be eligible City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: . Serial identifications of progress bills; Le., 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 (July 1 through June 30th); . The Consultant's signature. 2.2 Monthly Payment. City shall make 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 Deleted. 2.4 Total Pavment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultanl submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Consulting Services Agreement between Cily of Dublin and A.S. Dutchover & Associate June 6, 2006 Page 2 of 13 ~o(,,);;>. 2.5 Hourly Fees. Fees 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 shall be included in the hourly rate and not paid separately 2.7 Payment of Taxes. Consultant is solely responsible for the paymenl of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination, Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perlonn Services. The Consultant is not authorized to perform any services or incur any costs whalsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City may furnish physical facilities such as desks, telephone service, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with Cily employees and reviewing records and the information in possession of the City The location, quantily. and time of furnishing those facilities shall be in the sole discretion of City Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to Cily Verificalion of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Consulting Services Agreement between City of Dublin and A,S. Dutchover & Associate June 6, 2006 Page 3 of 13 toe> r) ")- Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if Ihe 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 soiely 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, empioyees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Cily 4.2 Commercial General and Automobile Llabilitv Insurance. 4.2.1 General reauirements. Consultant, at its own cost and expense, shall maintain commercial generai and automobile liability insurance for the term of this Agreement in an amount not less Ihan ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the wo~ contemplated by this Agreement. If a Commercial General Liabilily 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 aggregale 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 properly resulting from aclivities contemplated under this Agreement, including the use of owned and non. owned automobiles. 4.2.2 Minimum scope of coveraae. Commercial general coverage shall be at leasl as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Fonn Comprehensive General Liability Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional reauirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy- a. City and its officers, employees, agenls, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's Consulting Services Agreement between City of Dublin and A.S. Dutehover & Associate June 6, 2006 Page 4 of 13 70(;;; ';).,- 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 called upon to contribute to a loss under the coverage d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City 4.3 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 perfonning work 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 mail, return receipt requested, has been given to the City 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made fonn: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. Consulting Services Agreement between City of Dublin and A.S. Dutchover & Associate June 6. 2006 Page 5 of 13 "b of;; ~ b Insurance must be maintained and evidence of insurance must be provided for at least five years after complelion 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 fonn 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 submilted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies ReQuirements. 4.4.1 Acceotability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraae. Prior to beginning any work under this Agreement, Consultant shall fumish City with certificates of insurance and with original endorsemenls 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 fumish 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 fonns of such insurance are eilher not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deduclibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers, The Contract Administralor may condition approval of an increase in Consulting Services Agreement between City of Dublin and A,S. Dutchover & Associate June 6, 2006 Page 6 of 13 c/or;;-;._ deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related invesligations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coveraae. 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 earliesl possible opportunity and in no case later than five days after Consultant is notified of the change in coverage 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Cily may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, 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 Ihe 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 certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, Consulting Services Agreement between City of Dublin and A.S. Dutchover & Associate June 6, 2006 Page 7 of 13 /D CJt;' d- In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competenl jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City Section 6. 6.1 6.2 6.3 Section 7. 71 7.2 7.3 7.4 STATUS OF CONSULTANT. Independent Contractor. At all limes during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Waiver of Employee Benefits. 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, inciuding but nollimited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and enlillement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant No Aaent. 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 LEGAL REQUIREMENTS. Governina Law. The laws of the State of California shall govern this Agreement. Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder Other Governmental ReclUlations. To the extent that this Agreement may be funded by fiscal assistance from another govemmental 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. Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualificalions, June 6, 2006 Page 8 of 13 Consulting Services Agreement between City of Dublin and A.S. Dutchover & Associate 1/01;2;+ and approvals of whatsoever nature that are legally required to practice their respective professions. Consultanl represents and warrants to City that Consultant and its employees, agents, any subcontraclors 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 mainlain during the term of this Agreement valid Business Licenses from City 7.5 Nondiscrimination and Eaual Opportunltv. Consultant shall not discriminate, on the basis of a person's race, religion, color, nalional origin, age, physical or mental handicap or disability, medical condition, marital slatus, sex, or sexual orientalion, against any employee, applicant for employment, subcontraclor, 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, contraeling, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice Ihe reasons for cancellation. In the event of termination, Consullanl shall be entitled to compensation for services performed to the effective date of termination; City, however, may condilion 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 diserelion, exlend 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 obligalion 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. Consulting Services Agreement between City of Dublin and A.S. Dutchover & Associate June 6, 2006 Page 9 of 13 /)01-:7,;)., 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 AssiQnment and SubcontractinQ. 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 compelence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, pholographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are Consulting Services Agreement between City of Dublin and A.S. Dutehover & Associate June 6, 2006 Page 10 of 13 ;:;z, of,} .?-- 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 Ihree (3) years, or for any longer period required by law, from the dale of final payment to the Consullant 10 this Agreement. 9.3 Inspection and Audit of Records. Any records or documenls that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying al any time during regular business hours, upon oral or written request of the City Under California Government Code Section 8546.7, if the amounl of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subjecl 10 the examination and audit of the State Auditor, at the request of City or as part of any audit of Ihe City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interprel the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northem District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and AssiQns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. Consulting Services Agreement between City of Dublin and A.S. Dutchover & Associate June 6, 2006 Page 11 of 13 /Lfol;;;;; 10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written studies and olher printed malerial 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 "conflicl of inlerest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any Cily 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 !j1090 et.seq., the entire Agreement is void and Consultanl will nol be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violalion of Government Code !j1090 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 Co mmunity Development Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to' AI Dutchover, Landscape Architect A.S. Dutchover & Associate 40 California Avenue, Suite M Pleasanton, CA 94566 Any written notice to City shall be sent to: Jeri Ram. AICP Communitv Development Director Citv of Dublin 100 Civic Plaza Dublin, CA 94568 Consulting Services Agreement between City of Dublin and A,S. Dutchover & Associate June 6, 2006 Page 12 of 13 l'iu(,lcJ- 10.12 InteQration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreemenl between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. For CITY OF DUBLIN A Municipal Corporation CONSULTANT City AI Dutchover, Landscape Architect A.S. Dutchover & Associate Attest: Fawn Holman, City Clerk Approved as to Form: Elizabelh H. Silver, City Attorney Consulting Services Agreement between City of Dublin and A.S. Dutchover & Associate June 6, 2006 Page 13 of 13 (bo!):; EXHIBIT A SCOPE OF SERVICES Provision of planning and other development services including, but not limited to, environmental, architectural, landscape architectural and/or biological consulting services to the City of Dublin regarding: o Processing of development entitlements Said services shall be performed at the direction of the Community Development Director on an as-needed basis. Adiustment of Rates Hourly rates shall be those set forth in Exhibit B (Payment Schedule). Consulting Services Agreement between City of Dublin and A.S. Dutchover & Associate - Exhibit A June 6, 2006 Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE City hereby agrees to pay Consultant a sum not to exceed $95.00 per hour Consultant shall not bill for any reimbursable items. /7ot,JO-- Consulting Services Agreement between City of Dublin and A.S. Dutehover & Associate -- Exhibit B June 6, 2006 Page 1 of 1 City of Dublin Community Development Department LANDSCAPE ARCHITECTURAL SERVICES MAY 12,2006 Prepared By' ~ A.S. DUTCHOVER & ASSOCIATES Landscape ArcMecture 0 F'lanning 40 California Avenue C Suite M FileasantDf1 C CA 94566 Attachment 2 rgO($f) May 12, 2006 Ms, Jeri Ram, Director CommUlllty Development Department CITY ofDUBLIN 100 CiVIc Plaza Dublin, CA 94566 Re: Landscape ArchItectural Services Dear Ms, Ram: Thank yOU for the opportrnuty to meet WIth you to provide background informatIOn on AS. Dutchover & Associates. We look forward to the opportrnutv of working with you. Inrroduction AS. Dutehover & Associates (ASD) is a full servlce landscape archItectural firm with over 35 years expenence in the public and private sector. The landscape architectural sefVIces proVIded by ASD lllclude design, plan check, construCllon field inspectIon, construction management, grounds and facilities evaluatIOn, and development of landscape installatIon and maintenance specifications. These services are provided for a diverse group of clients lllc1uding homeowners, homeowner's associatIons, schools distncts, cities, countIes and residential/commercIal developers. Background Founded In 1978, ASD has established and maIlltains a reputatIon for meeting high standards of quality m the field of landscape architecture. The finn supports these standards with a strong commitment to providing excellent service. The pnnclpal of ASD, Albert S. Dutehover, was a Park and Landscape Designer for the City of Pleasanton for 15 years. His responsibilities included all phases of park deSIgn and maintenance. He has also served as a part-time instructor at Ohlone College III Fremont, Califomla, teachIng courses on landscape deSIgn, landscape ConstructIOn, landscape mamtenance, irrigation design, and park and landscape management ASD's reputation with their clients IS further supported by theIr commitment to meetIng schedules and controllmg costs. Their extensive knowledge of landscape principals and expenence in contract adrmmstration, rangmg from private to public agencies, unIquely qualifies ASD to provide the best possible servlce and solutIOns for your distinctJve needs. Landscape Ar(;hitectllr~1 Services Bicentennial Park /1,I;;:J Design Services ASD has desIgned and worked on a WIde array of proJects throughout the Bay Area lbis expenence has afforded ASD the knowledge of the various climatIc conditIons, plannmg constraints, construction and IDamtenance practIces. In addition, tlus expenence and knowledge provides our clients with quality designs that are aesthetic, concise and functional with built-in cost effective solutions resultIng in long-term saVIngs. Our services extend from new constructIon to renovatIon. Our quality of service will not be compromised for short tenn bUSIness results. ASD IS one of only a few landscape architectural firms WIth m-house irrigation design. Irrigation design has been part of ASD's services smce theIr founding in 1978. Few ImgatIon consultants have more expenence than ASD In design or in the field. TIus experience gives ASD the expertise reqUIred to adequately evaluate new and existing irrigatIon systems to determine design or maintenance deficiencies and recommend necessary remedies with cost effective solutIons. Construction Field Inspectiollll Field inspectIOn ServIces require vast knowledge of design pnnciples, installation standards and techniques, and the ability to Interpret drawings and standards WIth a responsible approach and strong communication skills. ASD has honed these skills WIth theIr extensIVe experience of proVIding these services for public and private schools, resldential/commereial developers and homeowner's associatIons. ConstructIOn field inspection services have included contract administration, review of payments, plan revisions and change orders. Mwsion 111Ib. Pal'k An extenSIve amount of Il1spection service has been prOVIded for the Pleasanton Unified School District and Contra Costa County for the installation of landscape Improvements designed by ASD and other landscape architects This sefVIce IS prOVIded for street improvements, parks, open space and creek restoration proJects to insure compliance WIth the approved drawings Extensive coordination With all agencies haVIng JUTlsdictIOn is required. ASD has established milestone inspectIOns consisting of pre-construction conferences, reVIew of plant material, irrigation pressure tests, IrrigatIon layout and operatIon, reVIew of finish grade, layout of sIte work, play eqUIpment, sIte furnishings, substantIal completion and final InspectIOn. Written field reports of daily activity are proVIded to the County to document approvals and deficienCIes. Plan Checking Sen'ices Plan check seTVIces require a unique talent to understand the project parameters, design, needs of the user, and governing standards and requirements. Plan check sefVIces have been prOVIded for the PleasantolJ Umfied School DistrICt, Contra Costa County and Dublin San Ramon SefVIces District for projects deSIgned by others including private developers, community groups and other landscape architects. These sefVIces melude review of landscape master plans, improvement plans, cost estImates and technIcal specifications for compliance with their Standards & Codes. North SlId of DouKhe.rty Vnlk-y Land::.cape Ar:::hiteoturi:ll Services :z()() I;;; ASD's experierice ilrid--1mbwledge of landscape desigtf'pfiIlC'ipals and conStrUCtion means, methods, technIques and procedures are implemented in our plan check services. ASD develops checklists and databases to Improve the quality and accuracy of service provided A checklist is developed for plan reView to centralize the standards and codes of the various agencles having jurISdictIOn and affords thorough, efficIent, and accurate plan reView To supplement the redlined plan check set, written summaries of the comments are prepared. Costs are researched and a database for bond estImates is developed to standardize umt pncing. A project database IS created to track progress from plan check through acceptance of improvements. In addition, ASD identJfied and documented c1armeatJons and exeeptJons to standards provided. Project Experience The followmg are representative of our related project expenence and references. Amador Valley High School Renovation Pleas anton, California RenovatJOn of 17.2 acre recreationallatWetJc facility required school phYSIcal education programs, school and District adlletie programs to develop and upgrade this hIgh-use facility Master planning was phased and assigned estImated costs for Improvements. ASD has provided probable constrUctIon costs, constructIon drawings, speCIfications, bid documents and contract admlmstration including field observatIons. Improvements mcluded upgrades to existing mfrastructure, plantIng, irrigation, new Imgation service, booster pumps, fertilizer injector system, drinking fountains, grading and dramage, hardseape, renovatJon and new construction of backstops, two baseball fields, four bull-pens, two softball fields, two soccer fields and provisions for future Improvements. SeTVlces provided for Mr. Mike Ananos (retired), Director of FacilitJes, Pleasanton Unified School District (925) 426-4200 Camino Tassajara Landscape Renovation Danville, California Renovation of developer installed landscape improvements on 0 75 miles of street frontage required coordination Wlth the County, Fish and Game, Flood Control District and PG&E to develop Improvements. In additIon, this reqUIred gathenng community input and consensus Wlth the two affected homeowner's associatIOns. t\SD prOVided master planning, phasmg, probable construction costs, constrUction draWlngs, specifications and contract adminIstration including field observations. Improvements included renovatJon of exlSting planting and irrigation systems. Services proVided for Architectural SeTVlees, Contra Costa County (925) 313-7200 Contra Costa County Plan Check and Field Inspection Dougherty Valley, San Ramon, California For the last SIX years, ASD has prOVided Contra Costa County Public Works Department and City of San Ramon plan check seTVlees and inspections of landscape improvements for residential developments and public Improvements in the Dougherty Valley in San Ramon. ASD prOVIdes plan check to venfy compliance with Contra Costa County and CIty of San Ramon Standards; inspects landscape, irrigation and sIte improvements to assure proper compliance with plans and specifications; prOVIdes field reports on work mspected, and facilitates walk -throughs of completed improvements. Plan check and mspections provided for landscape Improvements and neighborhood parks. SeTVlces provided for Ms. Ten Rle, Contra Costa County Public Works (925) 313-2363 Ltlnds\;ape Arl.hltedural Services ;Zlcl/:J- Dublin San Ramon Serviee:sDistrict Plan Check District SeIVIce Area For the past four years, ASD has provided Dublin San Ramon SeIVIces DIstrict plan check services of landscape improvements for resIdential and commercIa] developments and public Improvements m its seIVIce area ASD proVIdes plan check to venfy compliance WIth DSRSD Standard Specifications and Details; and with Recycled Water Rules and Regulations. SeTV1ees proVIded for Ms. RhodoraBiagtan, Engmeering SeIVIees (925) 875-2255 Fairlands Park Irrigation and Turf Renovation Pleasanton, California Renovation design of thIS 13 8 acre neighborhood park requIred coordination with City Landscape Architect and City Park Maintenance Personnel to modernize the existing imgatlOn equipment and remedy dramage problems. ASD facilitated meetmgs at the site to investigate existing sIte conditions developed probable construCtIon costs, construction drawings and technical specifications to comply with City Standards. Improvements mclude upgrades to existing Irngation and dramage improvements. Services proVIded for Mr. Mike Fulford, City Landscape Architect, City of Pleasant on, (920) 931-5479 Conclusion ASD has established a reputation of providing our clients WIth a high level of quality seIVIees, accuracy of plans with results that can be looked upon with pride. Our firm has the expertIse to prOVIde your department WIth plan check seIVIces in a satisfactory and timely manner. If we can be of assistance to you now or in the future, please do not hesitate to contact us. V cry truly yours, /7// ~rt~/ Albert S Dutchover Landscape Architect License No. 1607 dutchover@sbcglobal.net (925) 462-3576 Landscape AJl:hitec.hlral ~~ervice5 ).70/)')