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HomeMy WebLinkAboutItem 8.3 EDublinPrksImplementPlnAgmt (2) , < - 1__. ~'. ~-~);:,r'~." ': " ""~::l':;'Y; ,>. - ~!, ." .... -. OJ:. \ . AOENOA'STATEMEN'f . , ,OITY,OOUNCILMEETINGOAtE:\~APJiI'9,.:1fj8e:' , SUBJECt:, Agreement with ,SiAgert,~dpa4'i~;for~e.l9Pment of a Parks Implementation P~,(or~ ~bliit*R'1'Prt P"pQr,d by: Diane Lowtll't, Par/rs ~l!bm",zmlty~~i~e$Director . , ~:' 1" .~. ',: - , ' 1. Consultant Services 'Agreement 2. Budget C~Fonn EXHUdTS A1TACHED: .\,." DESCRIPTION: The Eastern Dublin, Specific Plan.'mJS ,aciOpttJd in 1993. Action Program 4M states:. Develop a Parks Implementation. Plan for East,rn, Dublin, that'identifies: the preferred phasing of land dedications and improvements; facilities priorities and tlwir'/OCIllionand City .. .Sponsibi/ity lor design and constru~tion of parks. - In order to process the planning applicauOAS that arebeing,~bfuitted for Eastern . Dl1b~ ,and .to insure that park and recreatiomU facilities are . being, provided for in~ordaitce with~e .,~-'l)ublin Specific, Plan and Parks and Recreation MasterPlan, it is' essential to have a ,parks luipl~_n plan' inp1ace~ The City~s ParkS auulCommunity Services Direetoriscurrendythe (1)lY' s't4tf~,*,:who:is-.ble'to respond to park isa. in Eastempublin; Oiventhe C\UTeU.t: ~oadi:,9f/the::lWb 8!ld.Connntmity Services Department, the Director is unable to devote the time thatjsi ~;todeveIdp the parks implementation. plan in a timely manner..' Consequently. Staff is. reednu:nrmdingtllat a,consultant be retained to assist,ln,the development of the plan. ' ~.i..,,' " - Staff has received apropo$&! from Singer.. Hodges &. Evans, a' land:Sca,pe archi_t\Jeudp!a:nning film that the City has used, extensively in -the past for park prpjects. The p{Qpo$ed ,~~'ofs,ervices is as follows: " '. ' , ., -' '. ',,'." ": .' . ,. " . Review. all pertinent planning background and proposed,deVel~pl8RS-furEastemDuhlin. ., Identify and map ,revisions to the Eastern Dublin Specific Plan. that'.rel.~iJo revised population projections and park. facility distribution. , . . , ,", .,.. '. . Meet with, the Eastern Dublin, development commUnity to discuss th<;, revl:swns '~~f\~ above, to discuss their park development issues and con.cems and to ~view tbe proce$Se$;by which parks wiU be financed, designed, constrUcted :and maintained. . "_.. ' ,.".', ,. ' ,.---.------.------------------....----------....-.::.;...---;;.---..:.---_._,;;.-~_._----- , ,. ' ,COPIES TO: Singer. Hod~& Evans " '" ,.' .'. " " F'~P~\cc4~doc-iH(O:-1IJ · Map tho projected development, for the initial five-year period, that the public facilities fees are b~ .. on. This map wUl'servc as the plamdng base map for ,the initial five..year park implem~an and wiD clearly cle1iaeate,.the park lands impacted. · Determine and chart the amount of public facility fees that will be available on a year-to..year basis over the initial' five-year park implemetliatioll, period. Also, map the 'prioritized park sites, describe the .. recommended facilities- and.clearly'delineate the anticipated construction phasing based on the fees.' ,"" av8i1able. The estimatc:=d cost to the City is $6,200 which is based Oil an hourly rate of $65 for a period not to exceed 80 hoW'S and a $1,000 allowance for reimbursable expenses (reproductions, printing, courier service, etc.). Although funds were" not included in the' budget' for this purpose, the cost to prepare the park implemeJltation plan will be recovered through the collectiOIi1>f the public facilities fee in Eastern Dublin. It..s~uld be noted that competitive bidding shall not. apply to contracts involving the acquisition of professional ()r~ialized services, such as, but not limited to, services rendered by architects, attorneys, engineers, ,ana other specialized consultants (Chapter 2.36, Section 2.36.050 of the Dublin Munitipal Code). Staff has prepared the documents necessary to execute an agreement between the City and Singer, Hodges & Evans (Exhibit A) and recommends that the City CounciI approve the Consultant Servic.es Agreement and aUthorize ~yor'to, execute same. In addition, it is recommended that the City Council approve the BudgetCbauge Form ~hed in ExluoitB. . '- <'~ ' ~ . . AGREEMENT BETWEEN CITY OF DUBLIN AND SINGER. HODGES . EVANS FOR CONSULTANT SERVICES PARKS IMPLEMENTATION PLAN THIS AGREEMENT is made at Dublin, California, as of April 9, 1996, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Singer. Hodges. Evans, ("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 ti~e, 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 EQillPMENT. 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 ~is 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: David Evans, ASLA Singer. Hodges. Evans 1512 Franklin Street, 3rd Floor Oakland, CA 94612 Any written notice to City shall be sent to: . Ms. Diane Lowart, Parks & Community Services Director City of Dublin P.O. Box 2340 Dublin, CA 94568 Agreement Page 1 of2 EXHIBIT A Executed as of the day first above stated: Attest: CITY OF DUBLIN, a municipal corporation By "City" City Clerk Approved as to form: By "Consultant" City Attorney Agreement Page 2 0/2 .-- . . . EXHIBIT A -1. 2. SCOPE OF SERVICES Review all pertinent planning background and proposed development plans for Eastern Dublin. Identify and map revisions to the Eastern Dublin Specific Plan that relate to revised population projections and park facility distribution. This effort is not intended to produce an amendment to the Specific Plan, but to serve as the planning basis for the recommendations of the five-year park implementation plan. 3. Meet with the Eastern Dublin development community-to discuss the revisions identified in Item 2 above, to discuss their park development issues and concerns and to review the processes by which . parks will be fmanced, designed, constructed and maintained. 4-. " Map the projected development, for the five-year period, that the public facilities fees are based on. This map will serve as the planning base map for the five-year park implementation plan and will clearly delineate the park lands impacted. 5. Determine and chart the amount of public facility fees that will be available on a year-to-year basis over the five-year park implementation period. Also, map the prioritized park sites, describe the recommended facilities and clearly delineate the anticipated construction phasing based on the fees available. 6. Write a staff report that describes the assumptions methodologies and justifications for the recommendations contained in the five-year implementation plan. 7. Attend two public meetings in support of staff to explain the methodologies and features of the five- year park implementation plan. - PRODUCTS 1. An enlarged copy of the existing Open Space Framework plan of the Eastern Dublin Specific Plan. This plan will be revised for public presentation and will delineate the recommended park modifications based on the revised population projections. 2. A modified copy of the park facilities distribution table of the Dublin Parks & Recreation Master Plan based on the revised population projections and park facility reductions. 3. A plan of the projected development in Eastern Dublin over the five-year period and the park lands impacted by development. *,~~ 4. A plan of the five-year study area that focuses on the phasing of land acquisition and park facility development. Also, a detailed plan of the City Park site that delineates the logical phasing for land acquisition and the prioritized park facilities features. A detailed mater plan for the City Park site is not included in this proposal. This five-year plan will serve as a guide to the broader public master planning process that will follow. 5. A table that describes the public facility fees that will be available on a year-by-year basis over the five-year period. 6. A staff report as described in the Scope of Services above. - Exhibit A Page 1 of 1 EXHIBIT B PAYMENT SCHEDULE . A. CITY shall pay CONSULTANT an amount not to exceed the total sum of $5,200 (Five thousand, two 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 ?.XHIBIT A "Scope of Work". Reimbursable Expenses are in addition to the compensation for services indicated in the scope of services and products sections contained in Exhibit A. Reimbursable expenses are for actual expenditures made by Singer, Hodges & Evans and include: · Expense of reproductions of drawings and other documents, excluding reproductions for the office use of the Landscape Architect and the Landscape Architect's consultants. · Expense of courier service and express mail requested by client. B. The services to be performed pursuant to this agreement are to be billed on a time and material basis at the hourly rate of$65 (Sixty-five dollars and no cents). C. 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. D. 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. . E. 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 time sheets in order to verify costs incurred to date. F. 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 of 1 . 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. . ~:T- . Exhibit C Page 1 of 1 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 connection with the performance 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 Scope oflnsurance. 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. 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. (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 . Exhibit D Page 1 of3 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 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 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. 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 n 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: 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) 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. . Exhibit D Page2of3 .. 5. CONSULTANT 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 tenn 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 Sub consultant, 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 indenmify, 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 Subconsultants from liability under this paragraph. ... I 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 Page 3 of 3 CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # . New Appropriations (City Council Approval Required): :Y From Unappropriated Reserves Budget Transfers: From New Revenues From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other WJtt'R__..<<."lfftWBiY..aUB1,1[;W1WmR:,_a,w~:;~':;~~I-li},Y(i@ii:_I"t$$iJW::::;; Name: Name: Professional Services $6,200 Account #: 300-8040-729.000 Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: REASON FOR BUDGET CHANGE ENTRY: To cover the cost associated with the development of a parks implementation plan for Eastern Dublin. ........ City Manager: Date: Signature ....................... ,;:.::::::;;;:::;:::-:-:-:-.......... :::t<~tt{::::r~~:::?::: , " ;: ;:;:: :::::: :::::;:.::::::;:::::::;:;:~;: :::::: jU[:UHH!!;~;:!:i::::i;!!;!CiiHi:H([[} ',',::;:::::::!:::::"':t\~'~~pf9.ys~:::~~J.lP:9.:38~~"f;8H#~n",M;~:~Hn.&PP.:':t:>~~~:/,:i:~::~)>:' .ayor: Date: Signature Posted By: Date: Signature EXHIBIT 8