HomeMy WebLinkAboutItem 4.03 MapeParkArchtSvs
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AGENDA STATEMENT
C.ITY COUNCIL MEETING DATE: March 1.2.1"996 '
SUBJECT:
Landscape Architectural Services for the Renovation ofMape Park
Report Prepared by: Diane Lowart, Parks 8(. Community Services
Director
A. Excerpts from Proposal for Landscape Arc~ Services
submitted by John Nicol &; Associates, me.
. B. Consultant Services Agreement
RECOMMENDATION: '7~pprove Consultant Services Agreement and Authorize Mayor to
{)lI' Execute Same .
FINANCIAL STATEMENT: The proposed fee for services is 515,800.
5 24, 900 is available in th~ 1995..96 budget for this project
EXHIBITS ATTACHED:
DESCRIPTION: At the January 9, 1996 meeting of the Dublin City Council, the
Council approved a Request For Proposals for landscape architectural services for the renovation of Mape
Park and authorized Staff to advertise for consultants. Two firms submit(ed proposals by the January 26,
.. 1996 closing date;. John Nicol &; Associat~s, In~. and John Ot~a!'n, Landscape. Architect. .Interviews
'":';".;.: were conducted WIth the two :firms by an mterview panel consistjng of the Public Works DU'eCtor, the
Maintenance Superintendent and the Parks and Community Services Director.
After a thorough review of the proposals and based on the results of the interviews and reference checks,
Staff recommends that the contract be awarded to John Nicol &; Associates, Inc. The firm has had
extensive experience in the design of public park projects aswell.as the renovation of existing parks. An
excerpt of the proposal submitted by John Nicol &; Associates, Inc. is ~hed.
The proposed fee of 515,800 submitted by John Nicol &; Associates, Inc. is broken down as follows: 1)
Design Development Phase - 55,500; 2) Construction DooumentPhase - 58,800; 3) Bidding Support
Services - $800; and 4) Reimbursable Costs - $700. The fee is based ontbe proposed improvements
identified in the 1994-99 Capital Improvement Program., i.e. 'replacement of existing play equipment with
new accessible tot and children's play structures; .'replacement. of worn parle furniture including benches,
drinking fountains, and trash receptacles; and installation of additional park lighting. Should the scope of
the improvements change substantially based on the input from the neighboringtesidents, additional
consultant services may be required. For example, if the residents feel that,a resttoomls essential for the
park, additional consultant services will be required to coordinate the utilities aSsociated with a l'CStroom.
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It should be noted "that competitive bidding shall not apply to contracts involving the acquisition of .
professional or specialized services, such as, but not limited to, services rendered by architects, attorneys,
engineers, and other specialized consultants (Chapter 2.36, Section 2.36.050 of the Dublin MwUCipal
Code). _ ....::.-," ..
There .are ad~uate fUnds.in the Fiscal Year 1995..96 Budget to proceed with the work outlined in the ",'-:::
proposal submitted by John Nicol &; Associates, Inc. and agreed upon by City Staff. Staff has prepared
the documents necessary to execute an ap-eement between the City and John Nicol & Associates, Inc.
(Exhibit B) and recommends that the CIty Council approve the Consultant Services Agreement and
authorize.Mayor to execute same.
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3551 Mt. Diablo Blvd.. Suite 245. Lafayene. CA 94549
Phone (510) 284-3050 FAX (510) 284-3052
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January 26, 1996
Diane Lowart
Parks & Conununity Services Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Mape Park Renovation
Dublin, California
Dear Ms. Lowart:
We appreciate the opportunity to propose services in connection with the above
referenced project for the City of Dublin. In the process of preparing this proposal, we
have visited the park to gain background familiarity with existing site conditions, visual
and functional relationships, and to increase our understanding of the 1986 masterplan
development recommendations as they relate to the existing site and its residential setting.
Weare excited by the opportunity to perfonn design services for Mape Park. This site
offers a number of existing qualities which can be exploited in the design of park
renovations. including a creek corridor with an overstory of mature oaks fonning a
continuous backdrop along the south edge of the site, attractive views of nearby hillsides
to the west, strong visual exposure from adjoining streets, and a well established and
neatly maintained central turf area. There also exists the possibility of careful evaluation
and adaptation of existing constructed elements in the re-design of the park, such as
raised concrete planters and pavings, arbor, playlot curbing, picnic area furnishings, and
streetside bollards.
A. APPROACH TO ACCOMPLISHING PROJECI' DESIGN
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John Nicol & Associates is a private landscape architectural firm located in Lafayette,
California, which offers park planning and design services to a large clientele consisting of
municipalities and park districts throughout the East Bay. Since the establishment of the
firm in 1978, we have developed, in particular, expertise in renovations and repairs to
existing park facilities. Based on careful evaluations of existing site conditions and
following established procedures for public input and involvement in developing park
design programs, we have enjoyed an exceptional record in succesdhlly meeting our
client's timing and budget requirements with over fifty completed parks and public works
projects. Following is our initial understanding of site conditions, as well as an approach
to the design of subject improvements:
Improve Park Entrances for Pedestrians and Authorized Vehicles
- provide handicap access to recreation elements and social areas within park
_ provide visual announcement at entrances with accent plantings and pedestrian amenities
- evaluate sight lines to assure elimination of pedestrian-auto conflicts
- consider upgrades to hardscape surfaces for improved appearance and functional use
Enhance Condition of Park Perimeters
- recognize public vs. private requirements by means of activity area set-backs, buffer
plantings and/or mounding
- provide high branching trees where needed for shade, spatial definition and screening
- consider prevailing wind pattern, sunlight vs. shade, views of adjoining hillsides, and
maintenance requirements when selecting and placing trees
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Augment and Enhance Existing Park Facilities
_ Evaluate program goals and objectives as identified by staff and public, including
prioritization of current park needs
- integrate new facilities and improvements with existing features as practicable
_ meet multiple use objectives as appropriate to passive neighborhood park and semi-rural
site character
Correct Deficiencies in Existing Construction and Equipment
_ Improve drainage and surfacing, planting, irrigation and lighting so as to improve park
functions, appearance and maintenance requirements
- Augment existing plantings and provide appropriate replacement of existing materials
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Review Condition of Existing Turf and Vegetation
- review irrigation system, drainage features, turf edges and access needs
affecting turf maintenance
- evaluate site topography and proposed tree arrangements in consideration of turf play
and activities
- consider creek enhancement and pedestrian amenities, such as native understory trees
and groundcovers, background shrubs near property line on opposite creek bank, and
low open rail fencing or guardrail to visually mark top of bank
Evaluate Relationship to Adjoining School
- receive direction with regard to common park and school goals
- eliminate "nests" and impediments to visual surveillance
- consider improved access, if appropriate
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Outline Scope of Senrices
Our understanding of required services can be summarized by the following design
methodology, which is graphically depicted by our "Tentative Work Schedule" in the
appendixes. The work will be carried out through a close collaboration of our :firm with
City staff: and will involve the collaboration of John Nicol & Associates with carefully
selected sub consultant :finns who have experience with similar projects, and with whom
we have worked on numerous previous park renovations.
Design Development Phase
1. Meet with Staff to review project scope, timing, budget, existing available data,
and other City contact persons. .
2. Prepare project schedule to correlate with City public meeting schedules and Staff
review times; Staff to review draft; Consultant to revise and distribute.
3. Review project data and base map information as available, including topographic
survey, "as-bullts" for related grading, drainage and park improvements, soils and
soils fertility reports, utilities and ownership documents.
4. Visit site. Take photographs of existing conditions and affix to foam core board
for in-house design and presentation purposes.
5. Authorize topographic SUIVey by land surveying su~consultant using
digitized fonnat. ..,.1." , "
6. Prepare two preliminary plans based on City's program and design criteria. Plans
include such elements as playlot modifications, improvements to picnic area, fitness
path and/or connecting walkways, restrooms, park arid playground equipment,
drinking fountain, turf7groundcover areas, bollardslvehicle control elements and
generalized tree and plant placement.
7. Develop fully itemized cost estimates, including options to adhere to budget. as
necessary.
8. Meet with Staff to discuss prepared materials. Record comments received and
revise plans and estimates accordingly.
9. Based on public review and comment, prepare final park improvement plan. color
rendered and affixed to foam COfe board. .
10. Attend up to three public meetings, using schematic plans and final plan
documents in accordance with Staff and Community input.
11.Coordinate with appropriate public agencies to gain design input and project
support.
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Construction Document Phase
1. Prepare base maps on mylar using City of Dublin standard fonnat.
2. Prepare construction drawings (approximately 12 sheets are required):
a. Title sheet
b. Construction layout and utilities plan
c. Grading and drainage plan, notes and details
d. Lighting and electrical plan, notes and details
e. Construction and site furnishings details
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f. Planting plan, notes. plant list and details
g. Irrigation plan, equipment list, notes and details
i. Restroom building plans and elevations (prefabricated unit, ifrequested)
Note: Construction documents may be produced in Autocad, Version 12, if
requested by City.
3. Prepare written specifications to City's standard fonnat.
4. Develop final cost estimate and bid schedule, including schedule of bid alternates
and unit prices to assure adherence to budget.
5. Submit plans and estimates to Stafffor review at 50%,90% and 100% stages of
completion; incorporate comments received.
6. Provide City with one set of reproducible plans and specifications for final
printing by City.
7. Attend and participate in public meetings to gain authorization for construction
bidding.
Bidding Support Services
1. Interpret plans and specifications initiated by Bidders.
2. Prepare acidemia and clarifications as required for dissemination to Bidders
by Staff
3. Attend pre-construction conference and prepare of meeting agenda, if requested.
Construction Support Services (if requested)
1. Perfonn site visitations on scheduled or as-needed basis for the duration of the
construction phase. Observe construction installation for agreement with Contract
documents. Prepare written reports.
2. Coordinate site observations by appropriate sub consultants.
B. NAME & QUALIFICATIONS OF TEAM LEADER
The consultant scope of services requested by the City of Dublin for the Mape Park
Renovation project will be perfonned by John Nicol & Associates with the assistance of
subconsu1tants identified herein. John Nicol will serve as principal-in-charge and project
designer, and will directly perfonn or supervise the work of the finn's employees, will
attend all meetings with Stafl: make all presentations and participate in public reviews,
coordinate the services of subconsuItant finns, and review plans. estimates and bid
documents to assure completeness and the highest standard of quality throughout the
project.
John Nicol maintains registration as a landscape architect in the State of California, CRLA
#1692. and is a member of the American Society of Landscape Architects. He has been
the president of John Nicol &; Associates since the inception of the finn in 1978. During
the past eighteen years, Mr. Nicol has prepared designs and perfonned project
management for over 400 projects throughout Northern California, which include parks,
playgrounds, sports fields, creek restorations, handicap accessibility conversions, trails and
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bike pathways. In addition to his work in private landscape architectural practice, Mr.
Nicol has served as a member of the City of Concord Design Review Board and
lectured at the University of California and City College of San Francisco.
c. NAMES & QUALIFICA nONS OF EMPLOYEES AND SUB CONSULTANTS
Principal Personnel and Sub consultants
Following is a listing of personnel and sub consultants who will have responsibility for
working on Mape Park Renovation Project. As has been the procedure on previous
projects, John Nicol will serve as project manager and project designer, and will serve as
the contact person with the City as well as coordinating the work of subconsultants.
Martha Lee and Richard ThaD, Associates, will work closely with John in performing
design refinement, cost estimation, illustrative graphics and construction drawings.
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John Nicol & .Associates Employees
Martha Lee, Senior Associate and CA Reg. Landscape Architect, will serve as project
manager and will perfonn or directly supervise all aspects of the firm's work and
participate in all meetings with Staff. Martha Lee has 20 years prof~onaJexperience
and has maintained licensure with the State of California as a landscape architect since
1979. She is assisted by a staff of landscape designers who prepare presentation graphics
and construction drawings, cost estimates and quantity take-offs.
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Richard Thall, Associate and CA Reg. Landscape Architect, provides landscape design
and technical support. Mr. Thall holds a bachelor's degree in landscape architecture from
UC Davis ane! is a licensed landscape architect. Rick is proficient in Autocadd. He has
worked on nwnerous public works projects, including water efficient landscapes,
recreation fields and facilities, and a wide range of renovation projects.
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Daniel Mauer, Associate and CA Reg. Landscape Architect, also provides landscape
design and technical support. Mr. Mauer holds a bachelors degree in landscape
architecture from UC Davis and is a licensed landscape architect. He is experienced in
Autocadd and Landca.dd. His experience involves parks, street improvements, schools,
children's play areas and enviromnental restoration sites.
Bill Roach, Associate, assists in the area of production and design and holds a
bachelors degree in landscape architecture from DC Davis. His experience includes
parks, commercial developments, creek restorations, and improvements for homeowner
associations. He is experienced in Autocadd and is responsible for graphic presentations.
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Subconsultant Team Memben
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In addition to employees of John Nicol & Associates, work on this project will involve
the services of sub consultant firms, the exact scope of which will be defined by the design
development phases of the project.
On the basis of our current understanding of project requirements, we have assembled the
following professional :finns to assist us with this project. All of these firms have worked
, with John Nicol &; Associates on previous parks and public works projects, offer
exemplary records for providing timely, personalized professional services, and are excited
by the prospect of work on this project. Please refer to firm descriptions and resumes
contained in the appendixes.
Brookwater Design, irrigation professionals, will provide design services in connection
with this project including review and evaluation of the existing inigation system,
coordination with City maintenance personne~ irrigation system design, implementation
support services and a water audit, if appropriate. Ann RunIey, Principal, will be the
contact person for this San Ramon~based finn.
Alexander & Associates will provide land surveying and engineering services as may be
required, including surveying and mapping, construction staking and drainage system
evaluation and improvements. Darryl Alexander, Supervising Engineer, is the contact
person for this firm located in Pleasanton.
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Zeiger Engineers, Ine. will be responsible for providing on~site review and evaluation of
existing lighting, preliminary recommendations regarding surveillance and/or access
lighting, andelectrica1 service requirements. This information will provide the basis for
electrical engineering bid documents by them or by a lighting manufacturers representative
as detennined by the City of Dublin. Ronald Zeiger, Principal, is the lead contact person
for this finn, which is located in Berkeley.
D. STATEMENT OF QUALIFICATIONS
As a private consulting landscape architecture office based in Lafayette, California, Jolm
Nicol & Associates offers extensive background experience in performing the planning,
design and implementation services required by the City of Dublin for the Mape Park
Renovation project. Our firm enjoys a reputation for providing high quality services
to a large clientele consisting of municipalities, park: districts, schools, homeowner
associations, churches and private residential development finns. John ~col has
. maintained registration as a landscape architect with the State of California since 1978
(CRLA #1692).
Among our successfully completed projects are a large number of park renovations
located within existing residential fabrics, where the need for conflict resolution and
extensive site visitations and/or meetings with community and Staff are necessary for
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project acceptance and support. (please refer to "Representative Projects List" in the
Appendixes.) These include a number of successfully completed projects in the San
Ramon-Amador Valley, as well as numerous park renovation projects in nearby
communities. In addition to park development, John Nicol & Associates worked with
Zone 7 Water Agency on the design of their Drought Tolerant Garden in Pleasanton,
which included numerous site visitations and construction implementation services,
coordination of subconsu1tan~ as well as frequent meetings of the Water Agency Board
and its project subcommittee. These projects, and many others like them, demonstrate our
commitment to excellence in performing site investigations, listening to user groups and
carrying them forward with design implementation.
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John Nicol & Associates, Inc. brings a number of professional capabilities to this project,
which may be summarized as follows:
. twenty years experience of John Nicol, Principal, in the field of landscape architecture
. eighteen years experience offirm furnishing park and recreation consulting services
throughout Northern California
. over 400 completed proj~ including a high percentage of renovation sites
E. TIMETABLE FOR COMPLETION OF PROJECT
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A "Tentative Time Schedule" has been prepared for this project based on our background
experience with similar projects. Current and anticipated workloads for JNA and its
subconSultants is such that this project could be undertaken without changes to staffing,
modifications to the City's necessary project timetable, or John Nicol's commitment to
providing strong and continuous project involvement throughout the duration of this
Contract.
Tentative Time Schedule (see attached graph)
F. FEE SCHEDULE
Fees for professional services are detennined on an hourly, not-to-exceed basis for work
by John Nicol & Associates personnel and subconsultant finns. Hourly rates for John
Nicol & Associates are as follows:
CURRENT RATE SCHEDULE Effective: January 1996
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Principal
Senior Associate
Associate
Clerical
Billing Rate per Hour
585.00
$65.00
$55.00
535.00
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Direct Expenses:
-Graphic reproductions, photography, Cost plus 15%
presentation boards and material.
delivery and Autocadd plots.
Mileage (by Associates only) $.30 per mile.
Outside consultants Cost plus 15%
(Fee Schedule for Subconsultant fums will be made available upon request.)
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G. STATE:MENT OF PROFESSIONAL LIABILITY COVERAGE
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John Nicol & Associates maintains insurance and indemnification requirements.
Attached is a Certificate of Insurance issued as a generic certificate by Professional
Practice Insurance stating evidence that insurance requirements will be met.
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H. CONCLUSION
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John Nicol & Associates appreciates the opportunity to submit this Proposal for design
services in connectio~I!~~~~~,,~.~~ Renovation and to establish a long-term working
relationship' with the City of Dublin. As primary contact person and project coordinator
representing the aforementioned professional firms, I can attest to a very high level of
enthusiasm for work on this project by all members of our Team. We look forward to
hearing from you soon regarding this important project, and for the opportunity to meet
with you and your selection committee to discuss project specifics. At that time we can
address any questions that you might have regarding our Proposal. .
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Sincerely yours,
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AGREEMENT BETWEEN CITY OF DUBLIN AND
JOHN NICOL & ASSOCIATES, INC.
FOR CONSULTANT SERVICES
(l\1ape Park Renovation)
THIS AGREEMENT is made at Dublin, California, as of , 1996, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and JOHN" NICOL &
ASSOCIATES, INC., ("Consultant"), who agree as follows:
1. SERVICES. Subject 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. Consultant
shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner
be specified in Exhibit B, then according to the usual and customary procedures and-practices which
Consultant uses for billing clients similar to City.
3. FACILITIES AND EOUIPMENT. Exce~~etforth in Exhibit C, Consultant shall,
at its sole cost and expense, furnish all facilities-~pmentwhich may be required for furnishing
services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Agreement. In the event of any inconsistency between said general provisions and any other terms
or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent
with the general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the
City's Parks and Community Services Director ("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:
Mr. John Nicol
John Nicol & Associates, Inc.
3581 Mt. Diablo Blvd., Suite 245
Lafayette, CA 94549
Any written notice to City shall be sent to:h
Ms. Diane Lowart, Parks & Community Services Director
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Agreement
Page 1 of2
Executed as of the day first above stated:
Attest:
City Clerk
Approved as to form:
City Attorney
Agreement
Page 2 of2
CITY OF DUBLIN, a municipal
corporation
By
"City"
By
"Consultant"
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35S1 Mt. Di;Jhlo Blvd.. Suite 245. bfaywe, CA 94549
Phone (510) 284-3050 FAX (510) 284-3052
EXHIBIT A
SCOPE OF SERVICES
Task - I Design Development Phase
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1. Meet with Staff to review project scope, timing, budget, existing available data,
and identifY City contact persons.
2. Prepare project schedule to correlate with City public meeting schedules and Staff
review times; Staff to review draft; Consultant to revise and distribute.
3. Review project data and base map infonnation as available, including topographic
survey, "as-builts" for related grading, drainage and park improvements, soils and
soils fertility reports, utilities and ownership documents. -
4. Visit site. Take photographs of existing conditions and affix to foam core board
for in~house design and presentation purposes.
5. Authorize topographic}survey by land surveying sub consultant using
digitized fonnat. Coordinate with Staff for "flagging" irrigation heads prior to
to create <<as-built" of head layout as part of survey plan.
6. Meet on site with electrical subconsultant and appropriate Staff representative to
determine existing electrical conditions. needs and requirements.
7. Attend first neighborhood meeting using previously prepared existing conditions plan
to receive design/program input.
8. Prepare two schematic plans based on input received in public meeting. Plans shall
include such elements as playlot modifications. improvements to picnic area, fitness
path and/or connecting walkways, park furnishings, drinking fountain turf!
ground cover areas, bollardslvehicle control and generalized tree/plant placement.
9. Develop itemized cost estimates for each plan.
10. Submit plans and estimates to Staff; revise and refine as necessary. .
11. Attend second neighborhood meeting using prepared materials; recOrd COIIh"lU~nts
received. - .- .
12. Based on public review and comment, prepare master plan as consensus of input
received during public hearing process. Prepare color rendering and affix to foam core
board.
13 _ Prepare conceptual phasing plan, if appropriate, to identify first phase vs. future
improvement options.
14. Attend meeting of the Parks and Community Services Commission using all of the
materials prepared, above, to gain additional-input and acceptance of the master plan.
15. Attend meeting of the City Council with master plan and supporting documents.
16. During the course of the work, coordinate with appropriate public agencies to gain
design input and project support.
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Exhibit A
Paee 1 of 2
Task - II Construction Document Phase
1. Prepare base maps on mylar using City of Dublin standard format.
2. Prepare construction drawings (approximately 12 sheets are required):
a. Title sheet
b. Construction layout and utilities plan
c. Grading and drainage plan, notes and details
d. Lighting and electrical plan, notes and details
e. Construction details and plan enlargements
f. Planting plan, notes, plant list and details
g. Irrigation plan, equipment list, notes and details
3. Prepare written technical specifications to City's standard format; City to provide
boilerplate and final reproduction of specifications.
4. Develop final cost estimate and bid schedule, including schedule of bid alternates
and unit prices to assure adherence to budget.
5. Submit plans and estimates to Stafffor review at 50%,90% and 100% stages of
completion; incorporate comments received.
6. Provide City with one set ofreprodlicible plans and specifications for final
printing by City.
7. Attend and participate in public meetings to gain authorization for construction
,"'~bidding~14i~v,~.,.
Task - ill - Bidding Support Services
1. Interpret plans and specifications initiated by Bidders.
2. - Prepare addenda and clarifications as required for dissemination to Bidders
by Staff
3. Attend pre-bid conference and prepare meeting agenda, if requested.
Task - IV - Construction Support Services (upon request)
1. Perform site visitations as requested during the duration of the
construction phase. Observe construction installation for agreement with Contract
documents. Prepare written reports.
2. Coordinate site -observations by' appropriate subconsultants.
3. Attend final walk-tluu with City representatives and prepare written punchlist
based on observations.
Exhibit A
PtlI!t! 2 of 2
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EXHIBIT B
PAYMENT SCHEDULE
A.
CITY shall pay CONSULTANT an amount not to exceed the total sum of $15,800 (Fifteen
thousand, eight hundred dollars and no cents) for services to be performed pursuant to this
agreement. CONSULTANT shall submit invoices, not more often than once per month, based
upon the work completed on each task identified in EXHIBIT A "Scope of Work".
B.
The corresponding not to exceed fee for tasks numbered 1, 2, and 3 shall be as follows:
Task 1 - Design Development Phase $ 5,500
Task 2 - Construction Document Phase $ 8,800
Task 3 - Bidding Support Services $ 800
Reimbursable Costs
TOTAL FIXED FEE
$ 700
$15,800
C. Task 4 "Construction Support Services" are to be billed on a time and material basis using the
hourly rates shown below.
HOURLY RATES:
Principal (John Nicol)
Senior Associate~{MarthaI;'ee) "~"~M'
Associate (Richard Thall, Daniel Mauer
Bill Roach)
$ 85.00
$ 65.00
$ 55.00
$ 35.00
Clerical
D. City shall retain 10% of all billings for each task, until the City has determined that the scope of
services pursuant to this Agreement have been satisfactorily performed.
E. The total sum stated in Section A above, shall be the total which the 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.
F. 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 a written Change Order
executed by the City Manager, or other designated official of the CITY, authorized to obligate
CITY thereto. Said Change Order shall be executed prior to the time such extra service is
rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial
Contract price stated in Section A. In the event the Change Order exceeds this limitation, City
Council approval shall be required.
G. 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. CONSULTANT shall maintain adequate logs and timesheets in
order to verify costs incurred to date. .
H.
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 copy of this Agreement.
Exhibit B
Page 1 ofl
EXHIBIT C
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 City. In no event shall City be obligated to furnish
any facility which 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
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant
shall be an independent Consultant 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 are 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 cOMectioIfWith''theperformance of the work hereunder by the Consultant, his agents, representatives,
employees or Subconsultants. The cost of such insurance shall be included in the Consultant's bid.
(a) Minimum Sco.pe ofInsurance. 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" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
(b) Minimum Limits ofInsurance. Consultant shall maintain limits no less than:
1. General Liability: 51,000,000 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
projectllocation 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.
3. Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000
per 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, either the insurer shall reduce or
ExhibitD
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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. ,.
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(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 and volunteers 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 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 the scope of the protection afforded to the City, its officers, officials,
employees and volunteers.
b. The Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and
shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not
a.."'Iect coverage provided to the City, its officers, officials, employees or volunteers.
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. Worker's. Compensation and Employees 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 Consultant
for the City.
3. Professional Liability.
Consultant shall carry professional liability insurance in 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 coverage or in limits
except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been
given to the City.
( e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A: VIT.
(f) Verification ofCovera2e. 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.
(g) Subconsultants. Consultant shall include all Subconsultants as insured under its policies
or shall furnish separate certificates and endorsements for each Subconsultant. All coverages for
Subconsultants shall be subject 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. .:,
ExhibitD
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5. CONSUL T ANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant
to this 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.
8. 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 CONSULTANTS. Consultant shall take all
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to
any Subconsultant, 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, unforeseen difficulties, accidents, occurrences or
other causes predicated on active or passive negligence of the Consultant or of any Subconsultant.
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, and damages of every kind, nature and description directly or indirectly arising from the
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 oflaw 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 agrees that he has
read and understands the provisions hereof and that this paragraph is a material element of consideration.
Approval of the insurance contracts does not relieve the Consultant or Subconsultants from liability
under this paragraph.
1 o. GOVERNMENTAL REGULA nONS. 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 the City upon completion of the work to be performed hereunder or upon
termination of the Agreement.
Exhibit D
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