HomeMy WebLinkAboutItem 4.17CnsltntSrvsEmrldGlenPh1
CITY CLERK
File # D~[Q][QJ-[2][(J
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 7,1998
SUBJECT:
Consultant Services for Emerald Glen Park, Phase I
Report by: Diane Lowart, Parks & Community Services Director
EXHIBITS ATTACHED:
Consultant Services Agreement .
RECOMMENDATION: ~ Approve Agreement and Authorize Mayor to Execute Same
FINA..1'JCIAL STATEMENT: The proposed fee for services is $286,795
Sufficient funds are available in the Fiscal Year 1998-99 budget
DESCRIPTION: At the June 16, 1998 meeting of the Dublin City Council, the
Council approved the Emerald Glen Park Master Plan and the preliminary design for Emerald Glen Park,
Phase I prepared by David L. Gates and Associates, Inc. in cooperation with the Emerald Glen Park Task
Force. Additionally the City Council authorized Staff to negotiate an agreement for the preparation of
final design and construction documents for Phase 1.
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In order to maintain consistency with the adopted Master Plan for Emerald Glen Park and to uphold the
timeline for the project, Staff is recommending that the City continue working with the fIrm of David L.
Gates and Associates, Inc. to prepare the final design and construction documents.
The proposed fee of $286,795 submitted by David L. Gates and Associates, Inc. is broken down as
follows: 1) Design Development - $93,620; 2) Construction Documents - $147,155; 3) Construction
Services - $32,520; and 4) Reimbursables - $13,500. The fee is based on the Phase I Improvements
identified in the Emerald Glen Park Master Plan which include:
1 - 90 Foot Diamond
1 Soccer (regulation)
4 Tennis Courts (Lighted)
Play Area
Skateboard Park
Restroom
Parking for 100 Cars
2 - 60 Foot Diamonds
1 Soccer (overlap with diamond)
2 Basketball Courts (Lighted)
Picnic Area
Plaza and Promenade
Perimeter Trail
Streetscape and Entries (2)
There are adequate funds in the Fiscal Year 1998-99 Budget to proceed with the work outlined in the
proposal submitted by David L. Gates and & Associates, Inc. and agreed upon by City Staff. Staff has
prepared the documents necessary to execute an agreement with David L. Gates and & Associates, Inc.
(attached) and recommends that the City Council approve the Consultant Services Agreement and
authorize Mayor to execute same.
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COPIES TO:
David L. Gates and Associates, Inc.
ITEM NO.
4.í7
F :\ernrlcigle\phase J \ceÎ7 agr.doe
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AGREEMENT BET\VEEN CITY OF DUBLIN A.:"'\'D
DAVID L. GATES & ASSOCL.t\TES~ INC.
FOR CONSULTA....""-" SERVICES
EMERl\.LD GLEN PARK, PHASE I
·
TIllS AGREEMENT is made at Dublin, California, as of
th~ CITY OF DUBLIN, a municipal corporation ("City"), and
("Consultant"), who agre~ as follows:
. by and beT\,,'een
Dayid L. Gates & Associates. Inc.,
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1. SERVICES. Subject to the terms and conditions set forth in this .Agreement. Consultant
shall pro\~de to City the services described in Exhibit A. Consultant shall provide said seI\~ces at the
rime, place and in the manner specified in Exhibit A. .
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement
a1 the rime 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 b~
speciñed in Exbibit B, then according to the usual and customary procedures and practices which
Consultant uses for billing clients similar to City.
3. FA~ITIES A.ND EOUIPME]\1'f. Except as set forth in Exhibit C, Consultant shall, at
its sole cost and eÀ-pense, furnish all facilities and equipment which may be required for furnishing
s~~ces pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment
fu'"'teò in Exbibit 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 AQTeement. the otherterm or conåition shall control insofar as it is inconsistent 'with the
genertù provisions. - .
5. EXHIBITS. All exbibits referred to herein are attached hereto and are by this reference
im~orporated herein.
6. COJ\"'TR.L\.CT A.DMINISTRATJON. This Agreement shall be administered by the City's
Parks and Community Services Director ("Administrator"). All correspondence shal1 be directed to or
fnrol1?h the Administrator or his or her designee.
Î. NOTICES. .Âilly written notices shall be sent to:
ConsuJtant .c.i!y
M.s. Linda Gates, Project Manager Ms. Diane Lowart, Parks & Community Services Director
Daviò L. Gates & i\.ssociates, Inc. City of Dublin
2440 Tassajara Lane P.O. Box 2340
Danville, CA 94526 Dublin, CA 94568
Executed as of the day first above s+..ated:
CITY OF DUBLIN, a municipal
corporanon
By
"City"
Attest:
CÜy Clerk
DAVID GATES & ASSOCIATES, INe.
·
By
"Consultant"
Approved as to form:
L.it)' Attorney
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EXHIBIT A
SCOPE OF SERVICES
Emerald Glen Park Phase I
(Based on Master Plan dated June 16, 1998)
.Assumptions:
· City of Dublin to supply soil engineer information.
· Off-site improvements for utilities and R.O.W. not included in this contract. Utilities for
Phase I park improvements available on Gleason Boulevard. Storm drainage connection will
be in Tassajara Creek.
· City will provide standard "front end" specification information.
. Contract includes allowance for construction support; City shall act as (or retairr)
constTUction manager. Final scope of construction services neeas to be determined.
1. Desi£D Development
1.1 Project Management
.. Meet with City Engineering Department and Park Staff to review work program.
· Provide monthly status reports for the design and project development of the work
which include but are not limited to information on the progress, costs to date on a
task basis, as well as any other information that may affect the project cost or
schedule.
1.2 Topographic Design Survey
· Prepare 40-scale topographic design survey base map for the entire 48 acre Emerald
Glen Park site. The topographic survey will be based upon a I-foot contour interval
using photogrammetric methods for the area bounded by future Central parkway to
the south, Tassajara Creek to the west, Gleason Boulevard (existing) to the north,
and Tassajara Road to the east. The aerial mapping will be supplemented by field
survey for more detailed information within the park site. The supplemental field
survey will locate visible improvements such as trees, utilities, structures, edge of
pavement, flowlines, fences, etc. The completed design topographic survey base map
will be prepared in AutoCAD version 14.
1.3 Restroom. Concept Design
· Prepare sketch plans (floor plans and elevations) exploring design alternatives for
restroom. .-.
.~.
· Develop cost estimate for each alternative..
· Written systems description.
· Review alternatives with City Staff to obtain direction for evolution of a single design
concept.
1.4 Landscape Component Design
. Prepare enlarged detail designed of sub-areas illustrating character and configuration
of:
ExhžbÏ1 A
Pag!! 1 oj 6
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· pldyground/wmer feature
· skateboard park
· basketball coun
· promenade
· en cry area
· plaza
· backstop area
1.5 Material Selection
· Assemble tear sheets, specifications and details describing various options and
material selection for site amenities such as lights, benches, drinking fountain,
pa'ving, üash receptacles, backstops, infield mix, ete.
1.6 Staff Review
· Meet with Staff to review maintenance implications of design options.
1_ 7 Com.m.unity Outreach
· Facilitate a meeting witb neighbors to review design of resrroom and subspaces and
selection of materials.
1.8 Design. Developm.ent Package
· Meet with Staff to review input.
· Prepare a design development submittal. Package shall include:
· Preliminary site plan layout
Prelim.inary graàing plan
· Preliminary utility plan
· Preliminary lighting/electrical plan
· Resuoom floor plan and elevation
· Preliminary Planting Plan
· Irrigation concept (p.O.c., mainline)
· Concept construction details for .skateboard park, promenade, play
area/equipment, water feature, fencing, portals, walls, paving, site furniture,
etc.
· Outline specifications.
· Opinion of probable cost.
· Meet with City Staff for review and comments to the Design Development Pdckage.
Exizibit A
Pa~e 2 of 6
1.9 Presentation
·
Based on neighborhood input, prepare colored illusrrative exhibits for City
presentation.
·
Present plans to Parks Commission for review and comment.
·
Present plans to City Council for review ?nd comment.
PRODUCTS:
Refined Work Program and Project Schedule
Topographic Base
Restroom Design Studies
Design Development Package
Cost Estimate
Workshop and Presentation Materials
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M:EETINGS:
Staff Meetings
Neighborhood Meeting
Park Commission
City Council
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1
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2. Construction Documents
2.1 65% Submittal
· Based on City review, the Consultant Team will prepare construction documents in
AutoCAD version 14. The construction documents will include the following plans
and related derails and specifications:
· Submit preliminary consrruction documents and cost estimates to the City for review
at 50% stage, including:
· Demolition Plan - trees, existing paving and other surfacing.
· Horizontal Control Plan - major vehicular parking areas, resrroom, promenade,
hard court corners and ballfields.
· Uti1i~T Plan and Details - indicating storm drainage system, sewer, water, ere.
· Lighting and Electrical Plans and Details.
· Site Lavout Plans - for overall park system, parking and subareas.
· Site Fine Gradim: Plans - indicating grading of landscape and plaza area.
.. Plantim: Plan - indicating size, quantity and genus species of proposed plam
. 1
matena....
· Irrigation Plan - including water meters, Calsense controller systems and flOW
meter sensing devices.
· Structural Plans and Cakulations - for resrroom and site features.
E.:rJ¡ ih it A
Page 3 of 6
. CODStruction Details - for all site elements.
. Technical Svecifications.
2.2 Restroom Plans (including structural, mechanical and electrical)
· Documents package will include site plan, floor plan, building elevations (2), roof
p}an, typical wall sections, typical interior elevations, and specifi~ation.
2.3 90% Submittal (s~e attached exhibits for detailed discussion of package)
· Meet with City to review plans and obtain comments.
· Finalize plans for 90% review including watering schedule per City AB 325
requirements and srrucrural calculations.
· Prepare an itemized opinion of probable cost, including quantities and estimated
costs for review and prioritization.
2.4 100% Submittal
· IVleet with City to review plans and obtain comments.
· Submit ñnal 100% drawings with engineer's estimate.
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Erosion Control Plans
· Prepare an Erosion Comra] Plan..,associated with the Phase I Emerald Glen Park site
improvements.
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2.6 Storm Water Pollution Prevention Plan CSWPPP)
· Assist the City ParY.5 and Recreation Department in preparing a Stonn Water
Pollution Prevention Plan (SWPPP). S\!VPPP documentation preparation does not
include the $250 feerequired by the State of California Water Resources Board.
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EstiInate of Probable Cost
· Prepare an engineer's estimate of the opinion of the probable construction costs
associated with site impmvements for Phase I area of the Emerald Glen Park.
PRODUCTS:
ó5%, 90% and 100% Plam and SpecificatioIls (5 sets of prints at each submittal)
Final plots and disks
MEETINGS:
Staff
"
.;)
Exilibit A
Page4 of 6
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Construction Services
3.1
Bidding
. The Consultant Team will assist the City during the bid process by:
· Interpretation of plans and specifications for bidders.
· Prepare technical aspects of addenda to be issued by the City as necessary.
· Attendance at the bid opening (as' needed) and pre-consuuction conference.
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Construction Administration
. The Consultant Team will assist the City during the project consuuction, as needed,
by:
· Attendance at pre-construction conference.
· Submittal review.
· Request for Information review.
· Assist in punchlist preparation.
· Coordination with manufacturers.
· Document punch-list items.
· Conduct pre-maintenance observation and attend final walk through.
· Conduct site observation.
· Prepare field notes £Tom each inspection.
3.3 As-Builts/Correspondence and Clos~Out
. Transfer red-line markings by the conuactor during consuuction to the original plans
to provide record drawings.
PRODUCTS:
Addenda, Field Notes, As-Built Plans.
N.ŒETINGS:
Bid and Pre-Consuuction
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SITE OBSERVATION:
DGA 14 site visits
BKF N.te.
Ratcliff 2 site visits
Ackerman 2 site visits
Srrucrural 2 site visits
4. Additional Services
In order to more accurately define our services, the following list contains items that are
specifically excluded £Torn Exhibit A and if required, would be considered additional services.
ExizibÏ1 A
Par6 of 6
Exhibit A
Page6 of 6
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Construction Staking associated witb tbe site improvement plans.
·
Revisions to work or drawings, which are substantially complete, provided that such
revisions are not caused by tbe actions:c;>f tbe Consultant Team.
·
City fees, base mylar reproduction costs and other out-of-house expenses such as delivery
and photographic, computer anò plotter charges and blueprinting costs. Normal in-house
blueprinting is included within our scope of services.
·
Preparation of any additional studies (Traffic, Transportation, Utility Capacity Studies, ete.)
that may be required during tbe project approval process.
·
Agency fees or deposits associated with permit processing, plan check review, recordation
fees and additional permits required, other than those specifically included.
·
Meeting time in excess of that outlined in the scope of services.
·
Geotechnical/Soils investigation and testing including design of pavement sections ror
vehicular/pedestrian areas.
·
Consrruction Staging Documents.
·
Construction administration and support and/or bidding assistance. When required, these
services would be prepared under a separate contract.
·
The proposed Improvement Plans will not include off-site street improvement plans for
Centra] Parh"vvay, Tassajara Road, and Gleason Boulevard. We understand that these
improvements are currently being designed and planned for future construction by adjacent
developments in association with the Surplus ProperryAuthoriry of Alameda County. These
off-site improvements incluòe àny sidewalk improvements along the park site frontage with
the above mentioned streets. We have assumed that these improvements will be constructed
with Phase 2 park improvements in the future and/or improved with the streets by others.
·
filly special design associated with a sub drain or fast draining sand field system under the
sport field areas.
·
Lighting design for spans field or future phase.
·
Additional work, if required, will be billed on a time and materia] basis in accordance with
our current ree schedule.
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EXHIBIT B
PA )'ME1\"'T SCHEDULE
A. ern" shall pay CONSULTANT an amount not to exceed the total sum of Two Hundred Seventy
Seven Thousand Seven Hundred and Ninety Five Dollars ($286,795) for services 10 be performed
pursuant to this agreement. CONSUL T A..1\TT shall submit invoices, not more often than once per
month., based upon the work completed on each task identified in EXBIBIT A "Scope of Work",
B. The corresponding not to exceed fee for tasks numbered 1, 2, 3, and reimbursables shall be as
follows:
Task 1 - Design Development
Task 2 - Construction Documents
Task 3 - ConStruction Services
Reimbursables
$ 93,620
$147,155
$ 32,520
$ 1 ;.500
$286,795
C. 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.
D. The total sum stated in Section A above, shall be the total which the CITY shall pay for the
services to be rendered by CONSULT J\NT pursuant to this Agreement. CITY shall not pay any
additional sum for any eÀ'Pense or cost whatsoever incurred by CONSULT J\NT in rendering
services pursuant to this Agreement.
E. 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.
F. 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
CONSUL T ANi for all outstanding costs incurred as of the date of written notice thereof and shall
t~rminate this Agreement. CONSUL T ANT shall maintain adeauate 10QS and timesbeets in order
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10 verify costs incurred lO date.
G. The CONSUL TA.J\TT is not authorized to perform any services or incur any costs whatsœver
under the terms of this Agreement until receipt of a fully execured copy of this Agreement.
Exhibi1 B
Pnop 7 n( 7
EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference space. as may be
Te2.Sonably necessary for Consultant's use while cop..sulri..T1g 'with CÜ} employees and revieVli.ng records
and the infonnation in possession of City. The locarion, quantity, and time of furnishing s<úd 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 communicarion charges, vehicles, and reproduction facilities.
Exizihit C
Page 1 oIl
EXHIBIT D
GE1\'ERl\.L PRO\lSIONS
1. D\.TDEPENDÐ'T CONSULT ANJ. At all times during the term of this AgreemenL Consultan1
shall be an independent Consultant and shall not be an employee of City. City shall have the righl to
cODlTOI 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
s~ces 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 e},.-pense, 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. IIME. Consultant shall devote such time 10 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. INSHRANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
conU'aCt 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 Sub consultants. The cost of such insurance shall be included in the Consultant's bid.
(a) Minimum Scope 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
Liabilitv. code 1 "anv auto" and endorsement CA 0025.
- . 3. - Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
(D) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily
ÌDjlli")', personal ÌDjury 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 separate)y to this
project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liabilitv: $1.000,000 combined single limit per accident for bodily
injury and prop~r àamage. -
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. iUlY deductibles or self-insured retentions mUSl
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 th~ City, its officers, officials and
employees; or th~ Consultant shall procure a bond guaranteeing payment of losses and relaæd
investigations, claim arlmlnlstration and defense expenses.
(d) Other Insuranc~ Provisions. The policies are to contain, or be endorsed to contain, th~
follovling provisions:
1. General Liability and Automobile Liability Coverages.
Exhibit D
Page] of3
a. The City, its officers, officials, employees and volunteers are to be covered
as adò,j-ï:ional insured as respects: liability a..-rising out of activiries perÍormed by or on behalf of the
Consu1lant; products and completed operations of the Consultant, premises ov,'TIed, occupied or used by
L.~e 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. .tuJy 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. .!illy failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, eD;1ployees or volunteers.
d. The Consultant's insurance shall apply separately to each insured against
wÌlom 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.
Professional Liability.
Consultant shall carry professional liability insu...""aDce 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. l\11 Coverages.
Each insurance policy required by this clause shall be endorsed to state that
cDverage shall not be suspended, voided., canceled by either party, reduced in coverage or in limits
ex~epl after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given
to the City.
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(e) A cceptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no
kss than A: VII.
(f) Verification of C(wera~e. Consultant shall furnish City with cerriñcates of insu...""aDce 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) Sub consultants. Consultant shall include all Subconsultants as insured under its policies or
shall furnish separate certincates and endorsements for each Sub consultant. lJ.I cover3Qes for
Subconsultants shall be subject to all of the requirements stated herein. -
(n) Tne Risk Manager of City may approve a variation in those insurance requirements upon a
cietermination 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.
..., CONS1JL TANT NO A GE1'-.TT. Except as City may specÌÍy in writing, Consultant shall have no
authorit)·, eÀrpress or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
s~1 have no authority, express or implied, pursuant to this Agreement to bind Cit), to any obligation
wnatsoever.
o. ASSJGÌ\.TMENJ PROHIBITED. No Dlli"lV to this A£Teement may asSi£Il any ri£ht or obli£ation
pursuant to this Agreement. i\.ny attempted o~ pu...~oned assígnment of aD'y right or obligation pursùá.m 10
fuis Agreement shall be void anò of no eñect.
Exnibi: D
Page :2 of 3
I. PERSONN'EL. Consultant shall asSIgn only competent personnel to perform Sef',lCes
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. ST AND,.o\RI) OF PERFORMtL"NCE. 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 RA..RJvfLESS ...\NT) RESPONSIBILITY OF CONSULTAJ\TTS. Consultant shall indemnify
and hold harmless the City, -its officers, officials, directors, employees and agents from and against any or
all loss, liability, e>...])ense, claim, costs (including costs of defense) and damages to the extent caused by
the negligent performance of the wort. 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 p~oraph is a material element of
considerati on.
Approval of the insu..ëlDce contracts does not relieve the Consultant or Sub consultants from liability under
this paragraph.
10. GOVERNJ\1E}\,TTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal
2.Ssisr..ance from another governmental entity, Consultant shall use its best professional efforts to comply
with all applicable rules and regulations to which City is bound by me terms of such fiscal assistance
program.
1 L DOC1J1\.1ENJ'S. 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 compJetion of the work to be periormed hereunder or upon
rermination of the Agreement.
Exizibi1 ])
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