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HomeMy WebLinkAboutItem 4.04 Agmt DavidLGates (2) ~_. CITY CLERK File 4# @][f]~~-~~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 3, 1998 SUBJECT: Approval of Agreement with David L Gates and Associates Landscape Architects. " rv1 .- (Report Prepared by leri Ram, Senior Planner) La-V' I EXHIBITS ATTACHED: 1) 2) 3) Resolution Approving Consultant Agreement Consultant Agreement Statements of Qualifications RECOMMENDATION: fJ'IL/ Adopt Resolution Approving Agreement for Professional Services with David L. Gates and Associates FINANCIAL STATEMENT: All costs associated with this contract would be funded by developer fees for Major Planned Development Applications or as approved Planning Division budgetary projects. The charge for this consultant is $70 per hour. . DESCRIPTION: The Community Development Department has contracted with numerous outside consulting firms on a project by project basis to assist with the acceleration of new development projects in both Western and Eastern Dublin and with the requirements related to Eastern Dublin Implementation measures (Scenic Corridor, Biology, Noise, etc.). At the present time the Community Development Department utilizes consultants for: . Biological site investigation of new projects (mandated by Eastern Dublin Specific Plan) . Expertise in Planning technical issues (subdivisions, planning staff analysis) when current staff is unable to complete projects in a timely fashion due to workloads . Landscape Architecture Review At the present time, the City has only three contracts with Landscape Architects. Additional Landscape Architectural services are necessary due to the heavy workload and demand for services. Prime criteria for the recommended firms are as follows: . Small shop, hands-on operation . Ability to respond in a timely fashion . Knowledgeable in the range of needed services . Track records of working effectively with other members of the development team (Public Works, . Fire, Police, outside agencies) . Acceptable to staff COPIES TO: David L. Gates & Associates ITEM NO. 4!J4 . Offer highly competitive hourly rates . Willing to work on an "~ needed basis" on short notice It is important to coordinate the availability of additional Landscape Architectural resources to those in Public Works, Police, Fire and Parks and Community Services to insure that necessary resources are . available to handle a rapidly growing development review program. These consultants have proven track records of sound work on projects common to Dublin (large scale Planned Developments, Subdivisions, Site Development Reviews and other entitlements). It is important to note that this contract contains provisions that the consultant will only perform work on a time and material basis at the direction ofthe Community Development Director. No work will be done without expressed permission and all costs will be charg-ed to the Community Development Department budget in accordance with costs associated with that project. . RECOMMENDATION: Staff recommends that the City Council adopt the resolution (Exhibit 1) approving the Contract for Services (Exhibit 2) with David L. Gates & Associates, Landscape Architects. G:\Agendas\98\ll\3land . . RESOLUTION NO. - 98 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************* APPROVING AGREEMENT WITH DAVID L. GATES & ASSOCIATES, LANDSCAPE ARCHITECT CONSULTANT 'YHEREAS, the City of Dublin is experiencing significant increases in new development applications; and 'YHEREAS, with the acceleration of new development projects in both Western and Eastern Dublin, the need to retain additional outside consultant firms is necessary; "and 'YHEREAS, staff has determined it necessary to hire technical support to provide Landscape Architectural Services for new projects when current staff is unable to complete projects in a timely fashion due to workloads; and WHEREAS, the City of Dublin Planning Commission and City Council has directed staff to move projects expeditiously, and hire consultant firms when services are needed; and 'VHEREAS, the firm of David L. Gates & Associates, Landscape Architect, has the ability to perform the landscape architect services required; and 'YHEREAS, David L. Gates & Associates will only perform work on a time and material basis at the .irection of the Community Development Director; and 'VHEREAS, all costs will be charged to the Community Development Department budget in accordance with costs associated with certain projects; and WHEREAS, the contracts have been reviewed and approved by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED that the City Council bfthe City of Dublin does approve the agreement with the above mentioned firm. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements. PASSED, APPROVED AND ADOPTED this 3rd day of November, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor .TTEST: City Clerk EXHIBIT 2- STANDARD CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of November 3, 1998 by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and David L. Gates and Associates, Landscape Architects, ("CONTRACTOR"), who agree as follows: . 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall proyide 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. PA YMENT. 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 to 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 B; 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. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions." . 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRi\TION. 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 & Associates 2440 Tassajara Road Danville, CA 94526 Any written notice to CITY shall be sent to: City of Dublin Ann: Richard Ambrose P. O. Box 2340 Dublin. CA 94568 Executed as of the day fIrst above stated: Attest: CITY OF DUBLIN a municipal corporation City Clerk "CITY" . By Approved as to form: By City Attorney "CONTRACTOR" EXHIBIT l EXHIBIT A SCOPE OF SERVICES . . Preliminary review of landscape concepts and designs for development projects . Plan checks for landscape and irrigation plans for development projects . Field checks for landscape and irrigation plans for development projects Said services shall be performed at the direction of the Community Development Director on an as needed basis. . . PAYMENT SCHEDULE . CITY shall pay CONTRACTOR an amount not to exceed the total sum of Seventy Dollars per hour ($70.00) for services to be performed pursuant to this Agreement. CONTAACTOR shall submit invoices during the term of this Agreement based on the cost for services performed in accordance with the following schedule: Monthlv only after completion of the services and submittal to CITY, if all services due pursuant to this Agreement have been satisfactorily performed. The hourly rate 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. 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 writing executed by the City Manager. 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. 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 ofa fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B (Page 1 of 1) 4/1/90 . EXHIBIT C - City Facilities . 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. . ~xhibit C "'age 1 of 1 4/1/90 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRA,CTOR 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 CONTR.A.CTOR 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 REQUIREMENTS. 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 C?f such insurance shall be included in the CONTRACTOR'S bid. (a) . Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed.l/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits ofInsurance. 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: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$I,OOO,OOO per accidee Exhibit D (Page 1 of 3) 4/1/90 (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be geclared 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 CONTRA.CTOR 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 ofthe CONTMCTOR, premises owned, occupied or used by the CONTRA.CTOR, 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 CONTRA.CTOR'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 CONTRA.CTOR'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. ? Workers' Compensation and Employers Liability Coverage. . The insurer shall agree to waive all rights of subrogation against the CITY, its officers, fficials, employees and volunteers for losses arising from work performed by the CONTRA.CTOR for the CITY. 3. 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. CONTRACTOR 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. (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 (Page 2 of 3) 5. CONTRACTOR NO AGENT. Except as CITY may specify in writing, CONTRACTOR shaH have .pO authority, express or implied, to act on 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 offic;:ers 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 CONTRACTOR or any subcontractor. CONTRACTOR sha indemnify, defend and hold harmless the CITY, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or violation oflaw whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement CONTRACTOR 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 CONTRACTOR 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, 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 3 of 3) 4/1/90 . . . . Firm Description David L. Gates & Associates is a twenty person Bay Alea Urban DesignlLandscape Architecture firm esmblished in ] 977. Working throughout the Western United States, our experience includes both largc~scale design and an attention to site.specific detail for outdoor spaces. We have a unique blend of strong design development skills and an awareness ofthe psychological and sQcial impJi.cati')llS ofbllilt form. This allows us to address the overall image and concept ofa design, as weB as its impact at the pedestrian scale. Knowledge of Locol Environment Our work in Contra Costa County over the last twenty years has provided us with extensive knowledge of plant materials, climatic concerns, and soil conditions here. Gates is very familiar with the Dublin area, particularly Emerald Glen Park (Santa Rita) where we have had the; opportunity to develop good working relationships with the staff Woridng with Publif: Agencies One of the mainstays of our fl!1l1 is public~sector work: parks, streetscape beautification plans, civic centers, community centers, urban design guidelines, and so 011. Our experience ranges from the conceptual policy level to construction administration. We have a "hands~ort" familiarity with the intricacies of City review and approval processing, as well as the public bidding process. We ~lso actively participate in post~construction evaluation and work with City Maintenance Departments reviewing p'~oduets, policies, and maintenance implications. We have seTYed in a design review function for a number of citil;s including Fairfield, Walnut Creel<, Larkspur, Corte Madera and others. Experience wiih publicIPrivote PClrtnel'$hips Gates & Associates' public sector abilities arc tempered by a strong tie to the "real world. It Our fIrm's client base is derived from both the public and private sectors. We find this mixed orientation extremely valuable in the development of successful land plans. Our private experience allows us to provide our public clients with insight into deve1opeT"S goals and objectives. We know what dl~'velopcni concerns are and are able to work with them. We are able to make planning tools flexible enough to account for changing market conditions, while ensuring predictable public benefit. This private sector know!edgl: allows us to create specific plans and master plans that are truly "lmplemenmble." Our products are not vague planning policies but specific design recommendations. We are a design finn. We implement our projects. We 1.."110W the costs and realities of the market place. - = D:.wlcl L Gates & ~datu 244;0 T assajara we, Dan'fille, CaJIfOl"nlll 94526 Tel (925) 73&-a 17& P.r.c (925) 736-8 I B4 EXHIBIT 3