HomeMy WebLinkAboutItem 4.07 Award of Bid-Landscape
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CITY CLERK
File # Dl0J[QJ[(iJ-k3][Ql
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 7, 1998
SUBJECT:
EXHIBITS ATTACHED:
RECOMMENDATION:
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Approval of Addition of Landscape Architect to Master Consultant
Contracts on an as needed basis for overflow services in the
Community Development Department
(Report Prepared by Eddie Peabody, Jr. Community Development
Director)
1)
2)
3)
Resolution Approving Consultant Agreement
Consultant Agreement
Statement of Qualifications
Adopt Resolution Approving Agreement for Professional Services
with Jeffrey F. Gamboni, Landscape Architects
FINANCIAL STATEMENT: All costs associated with this contract would be funded by
developer fees for Major Planned Development Applications or as approved Planning Division budgetary
projects. Charges for this consultant is $70 per hour.
DESCRIPTION: The Community Development Department has contracted with numerous outside
consulting firms on a project by project basis to assist with the acceleration of new development projects
in both Western and Eastern Dublin and with the requirements related to Eastern Dublin Implementation
measures (Scenic Corridor, Biology, Noise, etc.). At the present time the Community Development
Department utilizes consultants for:
. Biological site investigation of new projects (mandated by Eastern Dublin Specific Plan)
. Expertise in Planning technical issues (subdivisions, planning staff analysis) when current staff is
unable to complete projects in a timely fashion due to workloads
There are no licensed landscape architects on the City Staff. As a result, staff is not able to review
landscape and irrigation plans for projects in a though manner. Staff time constraints, the need for
specialized expertise, the desire of the Planning Commission and City Council to move projects
expeditiously, the availability of the consultant firm when services are needed and the conscious desire
not to add permanent staff in high workloads dictates the need for to contact for landscape architecture
services. Prime criteria for the recommended firm is as follows:
. Small shop, hands-on operation
. Ability to respond in a timely fashion
. Knowledgeable in the range of needed services
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COPIES TO:
Jeffrey F. Gamboni
4.7
ITEM NO.
. Track records of working effectively with other members of the development team (Public Works,
Fire, Police, outside agencies)
. Acceptable to staff
. Knowledgeable about development issues in growth areas
. Offer highly competitive hourly rates .
. Willing to work on an "as needed basis" on short notice '
It is important to coordinate the availability of additional Planning resources to those in Public Works,
Police, Fire and other outside interests to insure that all necessary resources are available to handle a
rapidly growing development review program. This consultant has a proven track records of sound work
on projects common to Dublin (large scale Planned Developments, Subdivisions, Site Development
Reviews and other entitlements).
It is important to note that this contract contains provisions that the consultant will only perform work on
a time and material basis at the direction of the Community Development Director. No work will be done
without expressed permission and all costs will be charged to the Community Development Department
budget in accordance with costs associated with that project.
This is the first of two or three landscape architect consulting firms that the City would use as needed for
specific project work. It is anticipated that additional firms will be added as they are identified. Staffwill
bring those firms forward to the City Council for approval as soon as possible.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution approving the Contract for Services with
Jeffrey F. Gamboni, Landscape Architects (Exhibit 1). .
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RESOLUTION NO. - 98
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEMENT WITH LANDSCAPE ARCHITECT
CONSULTANT ON AN AS NEEDED BASIS
IN THE COMMUNITY DEVELOPMENT DEPARTMENT
RELATED TO PRIVATE DEVELOPMENT PROJECTS
WHEREAS, the City of Dublin is experiencing significant increases in new development
applications; and
WHEREAS, with the acceleration of new development projects in both Western and Eastern
Dublin, the need to retain additional outside consultant firms is necessary; and
WHEREAS, staff has determined it necessary to hire technical support to provide Landscape
Architectural Services for new projects; and
WHEREAS, staffhas determined it necessary to hire technical support to provide expertise in
Planning and other development issues such as landscape design assistance and planning staff analysis,
when current staff is unable to complete projects in a timely fashion due to workloads; and
WHEREAS, the City of Dublin Planning Commission and City Council has directed staff to
move projects expeditiously, and hire consultant firms when services are needed; and
WHEREAS, the Office of Jeffrey F. Gamboni, Landscape Architect, have submitted references
that they have adequate ability to perform the landscape architect services required; and
WHEREAS, consultants will only perform work on a time and material basis at the direction of
the Community Development Director; and
WHEREAS, all costs will be charged to the Community Development Department budget in
accordance with costs associated with certain projects; and
WHEREAS, the contracts have been reviewed and approved by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the agreement with the above mentioned firm.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 7th day of April, 1998.
AYES:
NOES:
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ABSENT:
ABSTAIN:
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Mayor
ATTEST:
City Clerk
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STAND~~ CO!,TP~.CTU~~ S3RVICES AGREEMENT
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between
THIS AGREEJI.!ENT
is made at Dublin,
california, as of
(date) by and
the
CITY
OF
DUBLIN,
a
municipal corporation
("CITY") , and
("CONSULTANT"), who agree as follows:
1.
SERVICES.
Subj ect to the terms and conditions set forth in this
Agreement, CONSULTANT shall provide to CITY the services described in Exhibit A.
CONSULTANT shall provide said services at the time, place and in the manner
specified in Exhibit A.
2.
PAYMENT.
CITY shall pay CONSULTANT for services rendered pursuant to
this Agreement at the time and in the manner set forth in Exhibit B. The
payments specified in Exhibit B shall be the only payments to be made to
CONSULTANT for services rendered pursuant to this Agreement. CONSULT.1:illT shall.
.Submit all billings for said services to CITY in the manner specified in Exhibit
B; or, if no manner be specified in Ey~ibit B, then according to the usual and
customary procedures and practices which CONSULTANT uses for billing clients
similar to CITY.
3.
FACILITIES AND EQUIPMENT.
Except as set forth in Exhibit C,
CONSULTANT shall, at its sole cost and expense, furnish all facilities and
equipment which may be required for furnishing services pursuant to this
Agreement.
CITY shall furnish to CONSULTANT only the facilities and equipment
lis~ed in Exhibit C according to the terms and conditions set forth in Exhibit C.
4.
G3N3R~ PROVISIONS.
The general provisions set forth in Ey~ibit Dare
par::. of this Agreement. In the event of any inconsistency between said general
.proVisions ~~d any other terms or conditions of this Agreement, the other term or
condition shall control insofar as it is inconsistent with ~he general
provisions.
EXI1IBr~r 2
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EXHIBITS.
All exhibits referred to herein a~e attached here~Q
a~d
al-e
by this reference incorporated herein.
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6.
CONTR~CT ADMINISTRATION.
This Agreement shall be administered by
Richard C. Ambrose ("ADMINISTRATOR"). All correspondence shall be directed to or
through the ADMINISTRATOR or his or her designee.
7. NOTICES. Any written notice to CONSULTANT shall be sent to:
Any written notice to CITY shall be sent to:
citv of'Dublin Attn: Richard Ambrose
P. O. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
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CITY OF DUBLIN
a municipal corporation
By
"CITY"
Attest:
City Clerk
By
"CONSULTANT"
Approved as to form:
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
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. Preliminary review of landscape concepts and designs for development projects
. Plan checks for landscape and irrigation plans for development projects
. field checks for landscape and irrigation plans for development projects
Said services shall be performed at the direction of the Community Development Director on an as needed
basis.
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Exhibit A
Page 1 of 1
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EXHIBIT B
PAYMENT SCHEDULE
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CITY shall pay CONSULTANT an amount not to exceed $70.00 per hour for consulting services to be
performed pursuant to this Agreement. The hourly rate is inclusive of all staff support and no additional
amounts shall be payable for faxing, postage, messengers or other material costs. CONSULTANT shall submit
monthly invoices during the term of this Agreement, but not more often than once a month.
The total hourly sum stated above shall be the total which CITY shall pay for the hourly 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
unless such extra service and the price therefor is agreed to in writing executed by the City Manager or oth.
designated official of CITY authorized to obligate CITY thereto prior to the time such extra service is rendered.
The services to be provided under this Agreement may be terminated without cause at any point in time
in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONSULTANT for all
outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement.
CONSUL T ANT shall maintain adequate logs and time sheets in order to verify costs incurred to date.
The CONSULTANT is not authorized to perform any services or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the
City of Dublin.
Exhibit B
Page 1 of 1
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officials, employees or volunteers shall be excess of
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the CONSULTANT'S insurance and shall not contribute
with it.
c. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the
CITY, its officers, officials, employees or volunteers.
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d. The CONSULTANT'S insurance shall apply separately to
each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer's liability.
2. workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation
against the CITY, its officers, officials, employees and
volunteers for losses arising from work performed by the
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CONSULTANT for the CITY.
3_ Professional Liability.
CONSULTANT shall carry professional liability insurance ln
an amount deemed by the CITY to adequately protect the
CONSULTANT against liability caused by negligent acts,
errors or omissions on the part of the CONSULTANT in the
course of performance of the services specified in this
Agreement.
4_ All Coverages.
Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in
.
Exhibit D
Page 4 of 7
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limits of liability by and endorsement to the policy except
after thirty (30) days I prior written notice by certif.
mail, return receipt requested, has been given to the CITY.
(e) Acceotabilitv of Insurers.
Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
(f) Verification of Coveraqe.
CONSULTANT shall furnish CITY with
.
certificates
of
insurance
and
with
original
endorsements
effecting coverage required by this clause. 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 certificates and endorsements are to be received and approved
by the CITY before work commences.
The CITY reserves the right
to require complete, certified copies of all required insurance
policies, at any time.
Subcontractors. CONSULTANT shall include all subcontractors ~
(g)
insureds
under
its
policies
or
shall
furnish
separate
certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subj ect to all of the
requirements stated herein.
(h) The Risk Manager of CITY may approve a variation in those
insurance requirements upon a determination that the coverages,
scope, limits and forms of such insurance are either not
commercially available or that the CITY's interests are otherwise
fully protected.
5.
CONTRACTOR NO AGENT.
Except as CITY may specify in writing,
CONSULTANT shall have no authority, express or implied, to act on
.
Exhibit D
Page 5 of 7
4/1/90
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EXHI3IT C
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CITY shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for CONSULTANT'S use
while consulting with CITY employees and reviewing records and the
information in possession of CITY.
The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of
In no event shall CITY be obligated to furnish any facility which
CITY.
may involve incurring any direct expense, including, but not limiting the
generality
of
this
exclusion,
long-distance
telephone
or
other
communication charges, vehicles, and reproduction facilities.
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Exhibit C
Page 1 of 1
4/1/90
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EXHIBIT D
GENERAL PROVISIONS
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1.
INDEPENDENT CONTRACTOR.
At all times during the term of this
Agreement, CONSULTANT shall be an independent contractor and shall not be
an employee of CITY.
CITY shall have the right to control CONSULTANT only
insofar as the results of CONSULTANT'S services rendered pursuant to this
Agreement; however, CITY shall not have the right to control the means by
which CONSULTANT accomplishes services rendered pursuant to this Agreement.
2.
LICENSES; PERMITS; ETC.
CONSULTANT represents and warrants to
CITY that he has all licenses, permits, qualifications and approvals of
whatsoever nature which are legally required for CONSULTANT to practice his
profession.
CONSULTANT represents and warrants to CITY that CONSULTANT
shall, at his sole cost and expense, keep in effect at all times during the
term of this Agreement any licenses, permits, and approvals which a.
legally required for CONSULTANT to practice his profession.
3 .
TIME.
CONSULTANT shall devote such time to the performance of
services pursuant - to this Agreement as may be reasonably necessary for
satisfactory performance of CONSULTANT'S obligations pursuant to this
Agreement.
4.
INSURANCE REQUIREMENTS.
CONSULTANT shall procure and maintain
for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with
the performance of the work hereunder by the CONSULTANT, his agents,
representatives, employees or subcontractors.
The cost of such insurance
shall be included in the CONSULTANT'S bid.
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Exhibit D
Page 1 of 7
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(a) Minimum Scone of Insurance.
Coverage shall be at least as broad
as:
1. Insurance Services Office form number GL 0002 (Ed .1/73)
covering comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability;
or Insurance Services
Office Commercial General Liability coverage ("occurrence"
form CG 0001.)
2. Insurance Services Office form number CA 0001 (Ed. 1/78)
covering Automobile Liability,
code 1 "any auto II and
endorsement CA 0025.
3. Workers I Compensation Insurance as required by the Labor
Code of the State of California and Employers Liability
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Insurance.
(b) Minimum Limits of Insurance. CONSULTANT shall maintain limits no
less than:
1.
General Liability:
$1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage.
If commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required
occurrence limit.
2.
Automobile Liability:
$1,000,000 combined single limit per
accident for bodily injury and property damage.
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3.
workers' Compensation and Employers Liability: workers'
Exhibit D
Page 2 of 7
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Compensation limits as required by the Labor Code of the State of
California
and Employers
Liability
limits
of
$1,000,000
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accident.
(c) Deductibles and Self-Insured Retentions.
Any deductibles or
self-insured retentions must be declared to and approved by the
CITY. At the option of the CITY, ~ither the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the CITY, its officers, officials and employees; or the
CONSULTANT shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
(d) Other Insurance Provisions.
The policies are to contain, or be
endorsed to contain, the following provisions:
1.
General Liability and Automobile Liability Coverages.
a.
The CITY,
its officers,
officials,
employees
a.
volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on
behalf of the CONSULTANT; products and completed
operations of the CONSULTANT, premises owned, occupied
or used by the CONSULTANT, or automobiles owned,
leased, hired or borrowed by the CONSULTANT. The
coverage shall contain no special limitations on the
scope of the protection afforded to the CITY, its
officers, officials, employees or volunteers.
b. The CONSULTANT'S insurance coverage shall be primary
insurance
as
respects
the
CITY,
its
officers,
officials, employees and volunteers.
Any insurance ~
self-insurance maintained by the CITY, its officers,
Exhibit D
Page 3 of 7
4/1/90
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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.
6.
ASSIGNMENT PROHIBITED.
No party to this Agreement may ass1.gn any
right or obligation pursuant to this Agreement.
Any attempted or
purported assignment of any right
or obligation pursuant to this
t
Agreement shall be void and of no effect.
7.
PERSONNEL.
CONSULTANT shall assign only competent personnel to
perform services pursuant to this Agreement.
In the event that CITY,
in its sole discretion, at any time during the term of this Agreement,
desires the removal of any such persons, CONSULTANT shall, immediately
upon receiving notice from CITY of such desire of CITY, cause the
removal of such person or persons.
.s.
STANDARD OF PERFORMANCE.
CONSULTANT shall perform all services
required pursuant to this Agreement in the manner and according to the
standards observed by a competent practitioner of the profession in
which CONSULTANT is engaged in the geographical area in which
CONSULTANT practices his profession.
All instruments of service of
whatsoever nature which CONSULTANT delivers to CITY pursuant to this
Agreement shall be prepared in a substantial, first class and
workmanlike manner and conform to the standards of quality normally
observed by a person practicing in CONSULTANT's profession.
9.
HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS.
CONSULTANT shall
take all responsibility for the work, shall bear all losses and
damages directly or indirectly resulting to him, to any subcontractor,
to the CITY, to CITY officers and employees, or to parties designated
. by the CITY, on account of the performance or character of the work,
Exhibit D
Page 6 of 7
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unforeseen difficulties,
accidents,
occurrences or other causes
p:!"edicated on active or passive negligence of the CONSULTANT or .
subcontractor. CONSULTANT shall indemnify, defend and hold harmless
the CITY, its officers, officials, directors, employees and agents
from and against any or all loss, liability, expense, claim, costs
(including costs of defense), suits, an? damages of every kind, nature
and description directly or indirectly arising from the negligent
performance of the work.
This paragraph shall not be construed to
exempt the CITY, its employees and officers from its own fraud,
willful injury or violation of law whether willful or negligent. For
purposes of Section 2782 of the Civil Code the parties hereto
recognize and agree that this agreement is not a construction
contract.
By execution of this agreement CONSULTANT acknowledges and
this paragraph is a material element of consideration.
agrees that he has read and understands the provisions hereof and that
.
Approval of the insurance contracts does not relieve the CONSULTANT or
subcontractors from liability under this paragraph.
10. GOVERNMENTAL REGULATIONS.
To the extent that this Agreement may be
funded by fiscal assistance
from another governmental entity,
CONSULTANT shall comply with all applicable rules and regulations to
which CITY is bound by the terms of such fiscal assistance program.
11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys,
photographs,
memoranda or other written documents or materials
prepared by CONSULTANT pursuant to this Agreement shall become the
property of CITY upon completion of the work to be performed hereunder
or upon termination of the Agreement.
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Exhibit D
Page 7 of 7
4/1/90
a:contract.personnel forms
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THE OFFICE OF
JEFFREY F. GAMBONI
LANDSCAPE ARCHITECT 2702
JEFFREY F. GAMBONI
Landscape Architect 2702
Certified Arborist 520
Education"
Harvard University, Graduate School of Design, M.L.A., 1984
Harvard University, B.A., cum laude, 1978
San Joaquin Delta College, Certificate: Ornamental Horticulture, 1981
Registration
Landscape Architect,
California License Number #2702
Certified Arborist,
Western Chapter International Society of Arboriculture, #520
Experience
13 years
Professional Affiliation
American Society of Landscape Architects
California Horticultural Society
California Native Plant Society
International Society of Arboriculture, Western Chapter
Part-time Instructor, San Joaquin Delta College
Recent Awards
City of Stockton Planning Commission A wards of Excellence, 1995
CSAA Office Building, Brookside 1995
Union Safe Deposit Bank, Weber Avenue Branch 1995
EI Dorado Brewing Company 1995
Head Start, VanBuren Street 1996
Scheflo Professional Offices 1996
AKL Fraternity 1997
Mr. Gamboni brings to his practice a combination of planning experience and landscape
architecture expertise. His project experience includes the planning and design of institutional,
commercial, civic and residential landscapes. He provides continuing services for the City of Galt,
the City of Brentwood, and The Grupe Company. Mr. Gamboni is the Principal of Jeffrey F.
Gamboni Landscape Architects, a four-person office founded in 1992.
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3012 Pacific Avenue Stockton CA 95204 Office 209.948.8335 Fax. 209.465.2603
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THE OFFICE OF
JEFFREY F. GAMBONI
LANDSCAPE ARCHITECT 2702
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CHRISTINE J. JEPSON
Education ,
University of California Berkeley, A.B. Landscape Architecture 1992 with honors
Internship, Peter Walker and Partners, San Francisco, 1992
A wards
Certificate of Honor, American Society of Landscape Architects, 1992
Experience
6 years
As an associate at the office of Jeffrey F. Gamboni Landscape Architect, Chris has assisted Jeff
with all phases of his professional practice. Her job responsibilities have included project
management from the design phase through construction drawings and contract administration.
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3012 Pacific A venue Stockton CA 95204 Office 209.948.8335 Fax 209.465.2603
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THE OffiCE OF
JEFFREY F. GAMBONI
LANDSCAPE ARCHITECT 2702
REFERENCE PROJECTS
Captain Charles M. Weber Memorial, Water-Conserving Demonstration Garden
Waterfront Gateway, Weber and Lincoln
Weber Point Events Center
AIDS Memorial Garden, Golden Gate Park, San Francisco
City of Galt, Emerald Oak Park, Wristen Way Medians and Rio Mesa Corridor Park
City of Galt, Landscape Manual
Emerson Park, Lodi
American Legion Park, Lodi
San Joaquin County Jail & Sheriff's Operation Center, Interior and Exterior Signage
Mary Gfaham Hall (housing for wards of the court)
Carneoie Library, Lodi
City }fall renovation, Lodi
Dignity Farm, San Joaquin County Probation Department, Juvenile Hall
City of Galt, Plan Review Services
City of Brentwood, Plan Review Services
Community of Bridlewood, Plan Review Services
The Grupe Company, Plan Review Services for Brookside and Lakeside
Children's Museum of Stock"ton
Community Center for the Blind
Stocbon Shelter for the Homeless
New Familr Shelter
Saint Mary s Interfaith Dining Room
Women's Center of Stockton
Stockton Unified School District, Centrally Controlled Irrigation Sytem
Head Start Pre-school, Poplar Street
Head Start Pre-school, Gemini
Model Alternative Hi~h School Master Plan
Saint Mary's High Scnool, Zieter Memorial
Interstate Truck Center
California State Automobile Association Regional Communication Center, Stock"ton
California State Automobile Association Regional Communication Center, Livermore
Brookside Retail Center -
Continental Cablevision
Poner Professional Offices
The Fountains Professional Offices, Master Plan and Phase One
Grocers' Warehouse
Stock"ton Nissan
Chase Chrysler-Plymouth
Stockton Savings, Fresno
Union Safe Deposit Bank, Weber Street Complex
Gold Rush City, Theme Park Planning
Pinehurst Model Home Complex, Brookside
Diamond Oaks, Manteca, Neighborhood and Park Plannino
Providence at Chadwick Square Model Home Complex, i\f'anteca
The Village at the Greens, Livermore
El Dorado Senior Housing
Bear Creek Community Church
Elevation of the Most Holy Cross Russian Onhodox Church, Sacramento
Saint Michael's Catholic Church
Saint Geor~e' s Catholic Church
Lakeview Assembly
Delta Blood Bank
Dameron Hospital
Saint Joseph' Hospital
3012 Pacific Avenue Stockton. 95204 Office-209.948.8335 Fax-209.465.2603
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