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HomeMy WebLinkAboutItem 4.02 EDScenicCorridorCntrct (2) . -. . CITY CLERK File # D~[Q][Q]-~[Q] CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: August 22, 1995 SUBJECT: Award of Contract for the Eastern Dublin Scenic Corridor Policies and Visual Survey Carol R. Cirelli, Senior Planner C)<.C/ 1. I Resolution Awarding the Consulting Contract 2. / Contract for Consultant Service REPORT PREPARED BY: EXHIBITS ATTACHED: RECOMMENDATION:~. ~ ~ r,vv"'. 1. Award the Contract for Consulting Services to David L. Gates and Associates. Authorize the City Manager to Execute the Contract. 2. FINANCIAL STATEMENT: The City will initially cover the Contract costs for this project, which will not exceed $18,900.00. The City is in the process of establishing a method for recovering any costs associated with implementing the Eastern Dublin Specific Plan. These Contract costs will be recovered through the processing of future development projects within the Eastern Dublin Specific Plan area. DESCRIPTION: The Eastern Dublin General Plan Amendment/Specific Plan and associated Environmental Impact Report (EIR) contain policies, action programs and mitigation measures that require the City to officially adopt Interstate 580 Freeway (1-580), Tassajara Road and Fallon Road as designated scenic corridors within the Eastern Dublin' Specific Plan area. The City must also adopt scenic corridor policies, and review p~ocedures and standards for projects within the scenic corridor viewshed. The intent of these policies and standards is to minimize the proj ect development impacts that alter the character and obscure the views of prominent ridgelines, watercourses, and distinct landscape features within the Eastern Dublin project area. ------------------------------------------------------------------------------------------------------- Copies To: Project File General File Senior Planner ITEMNO.~ Implementing scenic corridor policies and standards would mitigate impacts associated with altering the visual experience of travelers on scenic routes in Eastern Dublin. Successful completion of the project requires the skills of a consulting firm with landscape architecture, visual survey/viewshed analysis and computer graphics simulation expertise. . Staff recommends that the City enter into a sole source contract with the firm David L. Gates and Associates for completing the Eastern Dublin Scenic Corridor Policies and Visual Survey project. Gates and Associates have demonstrated their experience and abilities preparing visual analyses, urban design goals, policies and guidelines, community development design standards, and hillside and ridge line design guidelines. This firm is familiar with the Eastern Dublin Specific Plan and they prepared the City's Parks and Recreation Master Plan, which the City adopted last July, 1994. Gates and Associates are able to prepare the scenic corridor policies, project review procedures and standards, and visual survey in a timely and cost effective manner. This project is scheduled for completion in November/December 1995. Staff recommends that the City Council 1) award the contract for consultant services to David L. Gates and Associates, and 2) authorize the City Manager to execute the contract. . g:\agendas\8- 22ccsr\crc . 2 . .-. . RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AWARDING A CONSULTING CONTRACT TO DAVID L. GATES AND ASSOCIATES WHEREAS, policies, action programs and mitigation measures of the Eastern Dublin Specific Plan require the City to officially adopt Interstate 580 Freeway (1-580), Tassajara Road and Fallon Road as designated scenic corridors within the Eastern Dublin Specific Plan area, and adopt scenic corridor policies, and review procedures and standards for projects within the scenic corridor viewshed; and WHEREAS, costs for conducting the study will be recovered through future processing of development projects within the Eastern Dublin Specific Plan area; and WHEREAS, the consulting firm of David L. Gates and Associates is able to prepare the necessary scenic corridor policies, visual survey and design review procedures and standards in a timely and cost effective manner. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby awards the consulting contract to David L. Gates and Associates. PASSED, APPROVED AND ADOPTED this 22nd day of August, 1995. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g: \forms\8- 22ccre\consul.contract\scen ic corr EXHIBIT I STANDARD CONTRACTUAL SERVICES AGREEMENT . THIS AGREEMENT is made at Dublin, California, as of August 22. 1995. by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and David L. Gates and Associates ("CONTRACTOR"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the time, place and in the manner specified in Exhibit A. 2 . PAYMENT. CITY shall pay CONTRACTOR 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 - . be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit Bi or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 3 . FACILITIES AND EOUIPMENT. Except as set forth in Exhibit C, CONTRACTOR 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 CONTRACTOR only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. .EEMENT Page 1 of 2 4/1/90 EXHIBIT ~ 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 thi~ 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 Richard C. Ambrose ("ADMINISTRATOR"). All correspondence shall be directed to or through the ADMINISTRATOR or his or her designee. 7. NOTICES. Any written notice to CONTRACTOR shall be sent to: David L. Gates and Associates 2440 Tassajara Lane . Danville. CA 94526 Any written notice to CITY shall be sent to: City of Dublin Attn: Richard Ambrose P. O. Box 2340 Dublin. CA 94568 Executed as of the day first above stated: CITY OF DUBLIN a municipal corporation By "CITY" Attest: City Clerk By "CONTRACTOR" . Approved as to form: City Attorney EXHIBIT A SCOPE OF SERVICES . As specified in the August 10, 1995 letter from David L. Gates and Associates, as attached. -. .ibit A e 1 of 1 4/1/90 08:10..95 13:58 FAX 510i368184 GATES & ASSOC. [4J 002: 006 Eastern Dublin Scenic Corridor Policy TASK 1.0 - DATA COLLECfION AND REVIEW SubTask 1.1 - Project:. Initiation SuhTask 1.2 - Existing Document R.evieltV / Field Reconnaissance . WORKS COPE The objectives of this task are to develop aframeworkforproject administration~ un1ize base dca:afrom MacKay & Somps and field observation; and develop an understanding of project issues. · Define in detail the working relationship between the Consultant Team, City Staff, and MacKay & Somps. Orient all participants to their respective roles and responsibilities emphasizing data exchang~ communication and review periods. · Establish overall scheduling and timing. Specify check points, work products and other aspects of project management. · Develop a preli.m.inaIJT list of issues and concerns to be addressed through the design guidelines. PRODUCTS: VVorkscope/Schedule . MEETINGS: Staff Meeting 1 Collect and consolidate existing information. Data collection will proceed in three parts: L EXISTING DATA COU..ECTION - Review existing relevant studies, repoITS, and maps, including: · Eastern Dublin Specific Plan & Ern. · pending development proposals (srreetscape images) · relevant City policies · profiles prepared by MacKay & $omps 2. PREPARATION OF PROJECf BASE MAP - Obtain base map disks from engineers. Format for reports and presentation use at scale suitable for study. 3. FIELD SURVEY - Conduct on-site photo reconnaissance to assess and document viewsheds and sightlines from proposed scenic conidor. Photograph viewsheds from key location (20-24 photos). . PRODUcrS: 1995 Existing Condition Photo Library Project Base Map Vlewshed Map SubTask 1.3 - Analysis . . TASK 2.0 - GOALS AND POLICY DEVELOP:MENT SubTask 2.1 - Scenic Conidor Concept . . Review materials collected during reconnaissance in order to prepare an analysis of visual impact of development proposed by Specific Plan on views from scenic corridor. . Analyze photos to determine areas of high visibility from each scenic corridor. . Identify additional. profile locations for engineers. . Meet with City 'Staff to select (6-7) viev.,rpoints from photo library for computer modeling by MacKay & SOInps. . Map photo locations and plot vievlshed areas seen in each photo view. . Work with engineer to coordinate computer models for selected 'viewpoints. MacKay & Somps to provide ,\Tire fram, computer images depicting proposed development as overlay on photos of existing conditions. . Prepare freehand sketches to clarify visual impact. PRODUCTS: Map of Area of Visual. Absorption and Visual Sensitivity Computer Wrrefral"ne Models Sketches MEETINGS: CitySraff 1 Prepare scenic corridor concept plan summarizing visual impacts of development proposed by Specific Plan on "view'" from 1-580, Tassajara Road, and Fallon Road and possible design responses to reduce impactS. This plan will be used to develop implementing policies. Concept plan shall illustrate: . foreground developments impact on views of hillsides and ridges . areas where development may be silhouetted on ridgeline . primary view corridors . areas where landscape buffers are appropriate . impacts of streets cape p1antings on views . visually sensitive areas where special responses are required by development . implications of land use on scenic corridor character (residential uses buffered from road while commercial uses want visibility) OS :10 :95 !oJ: 00 F.H 510i36S1S-l GATES &: ASSOC. ~ 00-l:006 Sub Task 2.2 - Property ()M,TIer Workshop TASK 3.0 w SCEl\TJC CORRIDOR DOCUMEI\7 PREPARATION & PROCESSING SubTask 3.1 - Administrative Draft PRODUcrS: Plan and Sketches illustrating impacts and potential mitigations Conduct: an issue-generating workshop \\-ith property ovvners, City staff and representati\.Tes of the Planning Commission and City Council. Present "isual analysis material and scenic corridor concept plan. PRODUcrS: Workshop Exhibits and Materials MEETINGS: \Vorkshop 1 Re\iew workshop recoIP..mendanons v.rith City staff and identify options. Prepare Ar'irnini'trative Drdt teA"'t and graphics ror document including: Background and Analysis - Describe Ll:te process, planning documents and materials, and design criteria for visual analysis (duration of vie".", angle, frequency of viewers, context, percentage oh-iewsheds). Definition of Goals and Implementing Policies - Based upon concept plan and workshop, define: . . . Overall goals for scenic corridor and implementation policies and ror . establishing setbacks and srreerscape character c..riteria. Define elements of rural character of scenic corridor. 08:10:95 1-1:00 FAX 510i:.l6818-1 GATES & ASSOC. l4J 005: 006 . Sub Task 3.2 - Draft Guidelines and Processing -. SubTask 3.3 - Final Guidelines . . Provide criteria for evaluating acceptable character of development and architecmral character in corridor. Submittal Requirements - Define submittal requirements for individual project review of scenic corridor compliance. Distribute to City staff for review. City staff to provide ttl1: input and review on policies and consistency with Specific Plan. PRODUCTS: 10 Adminisuative Drafts MEETINGS: Staff 1 Incorporate administrative draft comments into Draft Report. Graphically format Draft into an 8-1/2 x 11 summary document. Incorporate photos, illustrative sketches, plans, diagrams, cover design, and other graphics which clarify design criteria. Present Draft to Planning Commission and City Council. Take public comment; to facilitate public input utilize slides, large scale plans and other visual aids. PRODUcrS: 25 Draft ReportS Public Presentation Exhibits MEETINGS: Commission/City Council 2 Meet with City staff to review Commission and City Council comments. Revise the draft Final Report. Submit a Final Docwnent (graphics and text in an 8-1/2" x 11" format). PRODUcrS: 25 Final Booklets Camera-ready Final Report Final Design Guidelines text on a 5-114'1 floppy disk M.t;,t;Tl..NGS: City Staff 1 08:10:95 1-1:01 F.U 510i36818-1 GATES & ASSOC. Eastern Dublin Scenic Corridor Policy FEES Scenic Corridor Analysis & Policy Reimbursable Allo\'vance TOTAL S17AOO.OO $1.500.00 $18,900.00 141 006 ",006 . . . EXHIBIT B PAYMENT SCHEDULE . CITY shall pay CONTRACTOR an amount not to exceed the total sum of Eighteen Thousand Nine Hundred Dollars ($18,900) for services to be performed pursuant to this Agreement. CONTRACTOR shall submit invoices during the term of this Agreement based on the cost for services performed in accordance with the following schedule: Monthly but not more often than once a monthi and provided further, in no event 'hall CITY pay CONTRACTOR a sum exceeding 20% of the total sum due for 4Itrvices pursuant to this Agreement in anyone monthi and provided further, CITY shall pay the last 20% of the total sum due pursuant to this Agreement within forty-five (45) days after completion of the services and submittal to CITY, if 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 CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. ~ibit B ~~e 1 of 2 4/1/90 CITY shall make no paYment for any extra, further or additional service pursuant to this Agreement unless such extra service and the pric~ therefor is agreed to in writing executed by the City Manager or other designated official of CITY authorized to obligate CITY thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five (25%) of the initial contract price. 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 CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONTRACTOR shall maintain adequate logs and timesheets in order to verify costs incurred to date. The CONTRACTOR is not authorized to perform any services or incur any. costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 2 of 2 4/1/90 . EXHIBIT C . CITY shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for CONTRACTOR'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. -. Aibit C ~e 1 of 1 4/1/90 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. . At all times during the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR'S services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. CONTRACTOR represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONTRACTOR to practice his profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR 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 CONTRACTOR to practice his profession. . 3. TIME. CONTRACTOR shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR'S obligations pursuant to this Agreement. 4. INSURANCE REOUIREMENTS. CONTRACTOR 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 CONTRACTOR, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR'S bid. . Exhibit D Page 1 of 7 4/1/90 (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. 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 of Insurance. CONTRACTOR 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' .hibit D Page 2 of 7 4/1/90 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 eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the CONTRACTOR 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 CONTRACTOR; products and completed operations of the CONTRACTOR, premises owned, occupied or used by the CONTRACTOR, or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b. The CONTRACTOR I S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any lnsurance or self-insurance maintained by the CITY, its officers, . Exhibit D Page 3 of 7 4/1/90 . -. .ibit D Page 4 of 7 4/1/90 officials, employees or volunteers shall be excess of the CONTRACTOR'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 CONTRACTOR'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 CONTRACTOR for the CITY. 3. Professional Liability. CONTRACTOR shall carry professional liability insurance in an amount deemed by the CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTRACTOR 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:VII. (f) Verification of Coverage. CONTRACTOR 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. insureds under CONTRACTOR shall include all subcontractors as. 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. (h) The Risk Manager of CITY may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY's interests are otherwise fully protected. 5. CONTRACTOR NO AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on Exhibit D Page 5 of 7 4/1/90 . . behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR 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. CONTRACTOR 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, CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of CITY, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. CONTRACTOR 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 CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All instruments of service of whatsoever nature which CONTRACTOR 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 CONTRACTOR's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR 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, .ibit D Page 6 of 7 4/1/90 unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmles~ 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 CONTRACTOR acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. o. Approval of the insurance contracts does not relieve the CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR pursuant to this Agreement shall become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Agreement. Exhibit D Page 7 of 7 4/1/90 a:contract.personnel forms .