HomeMy WebLinkAbout4.3 Alamo Creek Park Phase II • CITY OF DUBLIN (,a,AGENDA STATEMENT 00'3�
CITY COUNCIL MEETING DATE : July 24 , 1989
SUBJECT Landscape Architectural Services for
Alamo Creek Park , Phase II - Report by
Recreation Director , Diane Lowart
EXHIBITS ATTACHED A . Proposal for Landscape
Architectural Services
B. Consultant Services Agreement
RECOMMENDATION 1 . Retain the firm of Singer & Hodges
to provide Landscape Architectural
Services for Alamo Creek Park ,
Phase II
2 . Authorize Mayor to Execute
Agreement
FINANCIAL STATEMENT $209 , 435 is available in the 1988-1993
Capital Improvement Program for the
project .
DESCRIPTION On June 27 , 1989 the City Council
adopted the 1989-90 update to the five-year Capital Improvement
Program which provided funds for Alamo Creek , Phase II .
As Singer & Hodges , Inc . prepared the original Masterplan for the
park as well as the Phase I improvements , staff felt that there
was an obvious advantage in having them continue with Alamo
Creek , Phase II . Therefore they were asked to submit a proposal
based on the scope of services outlined in Exhibit A.
Staff has reviewed the proposal submitted by Singer & Hodges and
found that the estimated cost and proposed timeline is comparable
with similar projects undertaken by the City . Consequently it is
staff ' s recommendation that Singer & Hodges be retained to
provide landscape architectural services for Alamo Creek Park ,
Phase II .
Exhibit B is the Standard Consultant Services Agreement prepared
by the City Attorney that has been adapted for Alamo Creek Park ,
Phase II . The total cost to the City for design services as
well as construction observation is $15 ,900 . Sufficient funds
are available in the FY89-90 budget .
It is the recommendation of staff that the City Council take the
following action :
1 . Retain Singer & Hodges , Inc . for Alamo Creek Park ,
Phase II Landscape Architectural Services .
2 . Authorize Mayor to Execute Agreement .
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ITEM NO . ,ry COPIES TO : Phil Singer
SINGER & HODGES , INC.
SINGER & HODGES, Inc.
LANDSCAPE ARCHITECTURE 1512 FRANKLIN STREET
OAKLAND,CA 94612
(415)891.9669
July 17, 1989
Ms. Diane Lowart
Director of Recreation
City of Dublin
6500 Dublin Boulevard
Dublin, California
Dear Diane:
Thank you for requesting a bid from us for the preparation of plans and specifi-
cations for the Phase II improvements at Alamo Creek Park. We are very
interested in continuing work on the Alamo Creek Park project.
As indicated in the Request for Proposal , we have included a description of our
services. I have also included an updated "Summary of Experience" and a client
reference list.
We are pleased to have been invited to submit the following proposal and hope
that it provides a clear statement. of our qualifications and consulting
approach. We look forward to the possibility of .working with you on this
Exciting project.
-- If you have any questions, please feel free to contact me.
Sincerely,
W.xe- �8
'*�V*I�r
Philip Singer
SINGER & HODGES, INC.
PS/bjs
Enclosures
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PHILIP SINGER.ASLA RONALD HODGES.ASLA
Registration No. 1475 Rcg�Sira',;Cn tip, :3-%
Proposal for the Preparation of Construction Documents and
Construction Observation for the
Phase II Development of Alamo Creek Park
I. SERVICES
A. Pre-design consultation with City staff.
B. Attendance at no more than two public meetings and coordination of
work with other interested public and private organizations as
requested by the City.
C. Preparation of a construction cost estimate to be used as a guideline
in preparing construction documents.
D. Preparation of construction documents including working drawings and
technical specifications setting forth in detail all aspects of
design, function, and construction to be used for securing bids for
construction of the project, as per the site masterplan, including:
1. Layout Plans - location and configuration of all site elements.
2. Grading Plan - drainage of all surface areas.
3. Lighting Plan - security and other lighting as necessary,
including the restroom building.
4. Planting Plans - details and specifications.
5. Irrigation Plans - details and specifications.
Details and specifications for stairs, walls, site furniture,
bollards, paving, seating, planting, tables, benches, play equipment.,
and other features necessary for installation per the masterplan.
6. Construction Observation
A representative of Singer & Hodges, Inc. shall make eight (8)
visits to the site during construction to ascertain if the
landscape work is generally proceeding in conformance with the
drawings and specifications. On the basis of such on-site obser-
vations, as landscape architect, Singer & Hodges, Inc. shall keep
the Owner informed of the progress and quality of the work.
Additional construction observation requested by the client shall
be billed as additional services.
II. COMPENSATION FOR SERVICES AND BILLING PROCEDURE
A. The fee for the services indicated in this proposal shall be
Item 1) Pre-design, Meetings, Cost Estimates,
Preparation of Working Drawings and Specifica-
tions for Phase II Park Improvements Including
Restroom Building, Assistance to City During
Bidding. . . . . . . . . . . . . . . . . . . . . . . . . . $11,800.00
Item 2) Construction Observation. Eight (8)
Visits . . . . . . . . . . . . . . . . . . . . . . . . . . 2,100.00
Item 3) Electrical Engineering/Restroom
Lighting and Panel . . . . . . . . . . . . . . . . . . . . 2,000.00
Total Items 1-3: $15,900.00
III. PROJECT SCHEDULE
Task Time Period
Gathering of base data and organizational
meeting between City and Client to review
project scope, schedule, and masterplan. 1 week
Design development and City review,
including up to 2 public meetings. 4 weeks
Preparation of working drawings and
specifications. 9 weeks
Assuming the project is awarded to Singer & Hodges, Inc. by August 1,
1989, the construction drawings could be completed and the project put out
to bid by November 6. Allowing one month for bidding would put construc-
tion in winter, requiring a probable 5-month construction period. The
City may elect to hold off construction until early spring (March or
April ) when a 3-month construction period would be feasible.
IV. PROJECT LEADER AND STAFF
Philip R. Singer, Project Leader and Principal of Singer & Hodges,
Inc. , is a registered Landscape Architect in California. He received
a Bachelor of Landscape Architecture degree from the University of
California, Berkeley in 1965. Mr. Singer began his professional
career with the nationally recognized firm of John Carl Warnecke,
where he served as a designer on a number of campus and planning pro-
jects, including work on the University of California campus, the
revitalization of the San Francisco downtown area, and Asilomar State
Park.
From 1966 to 1971, Mr. Singer was an Associate, Project Manager, and
Designer with the firm of Ribera and Sue Landscape Architects in
Oakland.. While associated with Ribera and Sue, he designed and
managed numerous award winning park and recreation projects throughout
California and Arizona. He has also been a guest lecturer on
topography, grading and park design at the University of California,
Berkeley from 1975 through 1982,' and he conducted seminars on park
design for the California Park and Recreation Society in 1975 and
1980.
Mr. Singer has been the coordinating principal for the majority of
park work undertaken by Singer & Hodges, Inc. Philip Singer is a
sustaining member of the California Parks and Recreation Society and
regularly participates in,their educational seminars and conferences
in order to promote the -continued improvement and quality of parks and
open spaces in California.
In 1983, Philip Singer served as president of the Northern California
Chapter of the American Society of Landscape Architects.
Ronald E. Hodges, Principal of Singer & Hodges, Inc. is a
registered Landscape Architect in California. He received a Bachelor
of Landscape Architecture degree from the University of California,
Berkeley, in 1968. Mr. Hodges has an extensive background in hor-
ticulture, irrigation, lake and fountain mechanical systems, and
native hillside planting requirements. Mr. Hodges personally pre-
pares or supervises all the planting and irrigation and pump mechani-
cal design for all of the park and public works projects completed by
Singer & Hodges, Inc.
Mr. Hodges is a recognized expert in horticulture and plant materials;
he served as an instructor in this subject for the University of
California Berkeley Department of Landscape Architecture, and as a
seminar instructor for the California State Board Examination spon-
sored by the American Society of Landscape Architects. His creative
talents are further displayed in his accomplishments as a sculptor and
designer of numerous lakes and water features throughout Northern
California. Mr. Hodges previously served as an associate designer and
project manager with the firm of Ribera and Sue in Oakland,
California.
Richard J. Larson is a registered Landscape Architect in California.
He received a Bachelor of Arts, with a major in Landscape
Architecture, from the University of California, Berkeley in 1974.
His experience includes project management, design, and execution of
construction documents for a wide range of projects in the Bay Area,
the nation, and abroad. This work has included parks, business parks,
streetscapes, residential developments, and large and small commercial
site. His responsibilities include supervision and preparation of
design, design development, and construction documents for landscape
architectural projects.
Mr. Larson has been a guest lecturer in urban design for the
University of California, Berkeley.
Robert A. M. Fukushima is a registered Landscape Architect in
California. He received a Bachelor of Arts degree with a major in
Landscape Architecture from the University of California, Berkeley in
1985. He has experience in project management design, and construc-
tion documents. His work includes custom homes, parks, business
parks, and commercial and residential developments. He is responsible
for project management, development, and production of construction
documents.
Mr. Fukushima' s experience in park design includes work with the
Hayward Area Recreation and Park District where he served as a Park
Planner. He was involved,in the planning and production of construc-
tion documents for numerous new facilities and the rehabilitation of
existing facilities such as playgrounds, picnic areas, planting
features, and maintenance systems.
V. REFERENCES
PARKS AND OPEN SPACE PROJECT LIST REFERENCES
REDWOOD CITY, CITY OF
Mezes Park Mr. Peter Griffiths
Spinas Park Director of Parks & Recreation
Fleishman Park (415) 780-7250
Stafford Park
Canyon Park
Hoover School Park
Hetch Hetchy Right-of-Way Park Lands
Red Morton Community Park
Red Morton Tennis Court Improvements
Red Morton East Picnic and Play Areas
SUNNYVALE, CITY OF
Raynor Activity Center & Park Mr. Bob Wilson
Morse, San Miguel & Ellis Mini Parks Former Superintendent of Parks
Serra Park Renovation & Recreation
Adair Senior Center (408) 739-7846
Lakewood Park Renovation
Kifer Fair Oaks Improvements
Ortega Park Renovation
SOUTH SAN FRANCISCO, CITY• OF
Sellick Park Mr. Lyle Norton
Brentwood Park Former Director of Parks &
Colma Creek Easement Recreation for South San
Francisco. Now Director of
Parks and Leisure Services for
the City of Lancaster.
(805) 945-7811
DUBLIN, CITY OF
City Parks Masterplan Ms. Diane Lowart
East Dougherty Hills Park Director of Recreation
Kolb Park (415) 829-4932
PALO ALTO, CITY OF
Dr. Edith Eugenie Johnson Park Mr. Paul Thiltgen
Director of Parks & Recreation
(415) 329-2262
EAST BAY REGIONAL PARK DISTRICT
Lafayette-Moraga Trail Mr. Jerry Kent
Assistant Director
(415) 531-9300
PARKS AND OPEN SPACE PROJECT LIST REFERENCES
MORGAN HILL, CITY OF
Jackson Park Mr. Donald Schatzel
Diana Park Director of Parks & Recreation
Paradise Park (408) 779-7271
WALNUT CREEK, CITY OF
Heather Farms Sensory Garden Mr. Darrel Mortensen
Heather Farm Park Revitalization Director of Recreation
Master Plan Update for Larkey Park (415) 943-5858
Larkey Park Picnic Area
Arbolado Park
PLEASANTON, CITY OF
Veterans Plaza Mr. Michael Fulford
Kottinger Park City Landscape Architect
Del Prado Park (415) 847-8050
SAN JOSE, CITY OF
Berryessa Creek Park Mr. Robert Robertson
Senior Landscape Architect
(408) 277-4373
MORELAND SCHOOL DISTRICT
Rogers Easterbrook School Park . Mr. Robert Reasoner
School District Superintendent
(408) 379-1370
OAKLAND, CITY OF
Marston Campbell Park Mr. Clyde Grimes
25th and Grove Mini Park City Architect
Tyrone Carley Park (415) 273-3868
East Oakland Regional Sports Center
MORAGA, TOWN OF
Moraga Common Park Mr. Gary Chase
Director of Parks & Recreation
(415)376-2520
DALY CITY, CITY OF
Bayshore Heights Park Mr. Mohinder Sharma
Lincoln Park Director of Parks & Recreation
(415) 991-8176
ST. HELENA, CITY OF
Linear Open Space Mr. Robert Moeller
City Manager
(707) 963-2741
PARKS AND OPEN SPACE PROJECT LIST REFERENCES
PETALUMA, CITY OF
Lucchesi Park Mr. Jim Raymond
Former Director of Parks and
Recreation in Petaluma. Now
Director of Parks and
Recreation for the City of
Tracy.
(209) 835-7050
ARMY CORPS OF ENGINEERS
Warm Springs Dam Mr. Daniel Masdeo
Project Engineer at
Harris Associates
(415) 283-8300
SANTA CRUZ, CITY OF
San Lorenzo Park Redesign Mr. Jim Lang
Director of Parks & Recreation
(408) .429-3777
MARIN, COUNTY OF
Cross Marin Trail- Mr. Don Rolph
Former Chief Park Planner
(707) 528-0804
SAN CARLOS, CITY OF
Crestview Park Mr. Parviz Mokhtari
'City Engineer
(415) 593-8011
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Park Masterplan
City of Dublin • Californian I t •. �.K
0 15 30 60
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of
July 24, 1989, by and between the CITY OF DUBLIN, a municipal
corporation ("City") , and SINGER & HODGES, INC. , ("Consultant") ,
who agree as follows:
1. SERVICES. Subject to the terms and conditions set
forth in this Agreement, consultant shall provide 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 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 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 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.
Page 1 of 2
5. EXHIBITS. All exhibits referred to herein are
attached hereto and are by this reference incorporated herein.
Executed as of the day first above stated.
6. CONTRACT ADMINISTRATION. This agreement shall
be administered by the Public Works Director ("Administrator").
All Correspondence shall be directed to or through the
administrator or his designee.
Approved as to form:
City Attorney
CITY OF DUBLIN, a municipal
corporation
By
"Mayor"
Attest:
City Clerk
SINGER & HODGES, INC.
By
"Consultant"
Page 2 of 2
EXHIBIT A
SCOPE OF SERVICES
I. SERVICES
A. Pre-design consultation with City staff.
B. Attendance at no more than two public meetings and
coordination of work with other interested public and
private organizations as requested by the City.
C. Preparation of a construction cost estimate to be used
as a guideline in preparing construction documents.
D. Preparation of construction documents including working
drawings and technical specifications setting forth in
detail all aspects of design, function, and
construction to be used for securing bids for
construction of the project, as per the site
masterplan, including:
1. Layout Plans - location and configuration of all
site elements.
2. Grading Plan - drainage of all surface areas.
3. Lighting Plan - security and other lighting as
necessary, including the restroom building.
4. Planting Plans - details and specifications.
5. Irrigation Plan - details and specifications.
Details and specifications for stairs, walls, site
furniture, bollards, paving, seating, planting, tables,
benches, play equipment, and other features necessary
for installation per the masterplan.
6. Construction Observation
A representative of Singer & Hodges, Inc. shall
make eight (8) visits to the site during
construction to ascertain if the landscape work is
generally proceeding in conformance with the
drawings and specifications. On the basis of such
on-site observations, as landscape architect,
Singer & Hodges, Inc. shall keep the Owner
informed of the progress and quality of the work.
Additional construction observation requested by
the client shall be billed as additional services.
II. COMPENSATION FOR SERVICES AND BILLING PROCEDURE
A. The fee for the services indicated in this proposal
shall be:
Item 1) Pre-design, Meetings, Cost Estimates,
Preparation of Working Drawings and
Specifications for Phase II Park Improvements
Including Restroom Building, Assistance to
City During Bidding. . . . . . . . . .. . . . . .$11 ,800.00
Item 2) Construction Observation. Eight (8) Visits
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .$ 2,100.00
Item 3) Electrical Engineering/Rest room Lighting and
Panel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000.00
Total Items 1-3 $15,900.00
Page 1 of 2
EXHIBIT A
Page Two
III. PROJECT SCHEDULE
Task Time Period
Gathering of base date and organizational
meeting between City and Client to review
project scope, schedule and masterplan. 1 Week
Design development and City review,
including up to 2 public meetings. 4 Weeks
Preparation of working drawings and
specifications. 9 Weeks
Assuming the project is awarded to Singer & Hodges, Inc. by
August 1, 1989, the construction drawings could be completed
and the project put out to bid by November 6. Allowing one
month for bidding would put construction in Winter,
requiring a probable 5-month construction period. The City
may elect to hold off construction until early Spring (March
or April) when a 3-month construction period would be
feasible.
Page 2 of 2
4
EXHIBIT B
City shall pay Consultant the total sum of $15,900.00
for services required pursuant to this Agreement. The above
sum is based upon established hourly rates and estimates of time
and expenses. If actual time or expense is less than the
estimates, the fee shall be reduced accordingly. Consultant
shall submit invoices during the term of this Agreement based on
the cost for services performed; provided, however, billings
shall be not more often than once a month; and provided further,
in no event shall City pay consultant a sum exceeding 30% of the
total sum due for services pursuant to this Agreement in any one
month; and provided further, City shall pay the last 10% of the
total sum due pursuant to this Agreement within forty—five (45)
days after completion of the services provided that all services
due pursuant to this Agreement have been satisfactorily
performed.
The total sum stated above shall be the total which
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 unless such extra
service and the price therefor is agreed to on writing executed
by an 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
halted or postponed at any point in time at the sole and
exclusive discretion of City. In this event, City shall
compensate the Consultant for all outstanding costs incurred to
date of written notice thereof and terminate this Agreement.
Consultant shall maintain adequate logs and payment in order
to verify costs incurred to date.
Page 1 of 1
4
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 quality, 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 no limiting the generality of this
exclusion, long—distance telephone or other communication
charges, vehicles, and reproduction facilities.
Page 1 of 1
EXHIBIT D
GENERAL PROVISIONS
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 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. Time is the essence of
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 Consultants, his agents, representatives,
employees or subcontractors. The cost of such insurance shall be
included in the Consultant's bid.
(a) Minimum Scope 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. Workers' Compensation insurance as required by the
Labor Code of the State of California and
Employers Liability 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.
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.
Page 1 of 4
(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 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
and 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
protections 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 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 affect
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. 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 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.
Page 2 of 4
4. All Coverages.
Each insurance policy required by this clause
shall be endorsed to state that coverage shall not
be suspended, voided, cancelled 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:VII.
(f) Verification of Coverage. 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) Subcontractors. Consultant shall include all
subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall
be subject to all of the requirements stated herein.
5. CONSULTANT NO AGENT. Except as City may specify in wiring,
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.
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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
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, unforeseen difficulties, accidents,
occurrences or other causes predicated on active or passive
negligence of the Consultant or of any 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, 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 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 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 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.
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