HomeMy WebLinkAbout4.04 CCSPlanning&EngrAgmt
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CITY CLERK
File # ~~~~-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 21, 1998
SUBJECT:
Agreement with CCS Planning and Engineering, Inc., for Consulting
Services: 1-580/FaIlon RoadlEl Charro Interchange Concept Study
Report
Report Prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
1)
2)
Resolution
Agreement
RECOMMENDATION: ,vfAdoPt Resolotion
FlNANCIAL STATEMENT:
The cost of these services will be paid by developers; there would be
no cost to the City's General Fund. The cost of the work is
proposed not to exceed $74,500.
DESCRIPTION: Staff is proposing to contract with ces Planning and Engineering,
Inc., for the purpose of preparing a Concept Study Report for the 1-580/EI Charro Interchange. The
proposed scope of work includes conceptual engineering studies for future improvements to the
interchange that will be required as a result of residential and commercial development. This work is
preliminary to preparation of the Project Stud~Report (PSR) for the interchange improvements and will
also develop a basis for cost sharing among the participating cities of Dublin, Pleasanton, and Livermore.
Tom Wintch was the project engineer with URS Greiner for the Hacienda/I-580 interchange and the
Tassajara/I-580 interchange improvements constructed by Pleasanton. He is also the project engineer for
the 1-580/I-680 flyover, and as such, is very familiar with the 1-580 corridor. Mr. Wintch has recently
moved to the firm of ces Planning and Engineering. This agreement would require that Tom Wintch be
the project manager for this preliminary concept report at the FaIlon/I-580 interchange.
The Lin family will be paying for this consultant work through the City, as the interchange improvements
are required as a mitigation for the Dublin Ranch Development. The use of CCS as consultant is
acceptable to the Lin family.
Staff recommends that the City Council adopt the resolution approving the agreement.
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COPIES TO: Tom Wintch, ees
4~4
ITEM NO.
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RESOLUTION NO. - 98
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AGREEMENT WITH CCS PLANNING AND ENGINEERING, lNC.
FOR CONSULTING SERVICES
WHEREAS, future freeway and inter-agency infrastructure is planned to be constructed as part of
the development process in Eastern Dublin; and
WHEREAS, improvements are required at the 1-580 interchange at Fallon Road - EI Charro Road;
and
WHEREAS, the City desires to utilize the services of CCS Planning and Engineering, Inc., to
prepare a Concept Study Report regarding said improvements; and
WHEREAS, the cost of the study will be paid through developer deposits;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the agreement with CCS Planning and Engineering, Inc., for consulting services.
. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 21st day of April, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
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THIS AGREEMENT is made at Dublin, California, as of , 1998, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and CCS PLANNING AND
ENGINEERING, INe. ("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 time,
place, and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement
at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only
payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner 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 EOUIPMENT. 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 e. .. ..
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. SUBCONTRACTING. The Consultant shall perform the work contemplated with
resources available within its own organization and no portion of the work pertinent to this contract shall
be subcontracted without written authorization by the City, except that which is expressly identified in the
Consultant's proposal.
7. CHANGES. City may from time to time require changes in the scope of the services by
Consultant to be performed under this Agreement. Such changes, including any change in the amount of
Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as
amendments to this Agreement only when in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project
for the duration of the project. There shall be no change in the Project Manager 0: members of the project
.
Agreement
Page 1 of2
04/10/98
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team without prior written approval by the City. The Project Manager for Consultant shall be THOMAS
M. WJNTCH.
9. CONTRACT ADMINlSTRATION. This Agreement shall be administered by LEE S.
THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. NOTICES. Any written notice to Consultant shall be sent to:
Tom Wintch, Project Manager
CCS Planning and Engineering, Inc.
6 Crow Canyon Court
San Ramon CA 94583-1621
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
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CITY OF DUBLIN,
a municipal corporation
By
"City"
Attest:
City Clerk
By
" Consultant"
Approved as to form:
City Attorney
Agreement
Page 2 of2
04/1 0/98
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
PER PROPOSAL DATED MARCH 31,1998 FROM CCS PLANNING AND ENGINEERING,
lNC. (ATTACHED).
...
Exhibit A
Page 1 of 1
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Exhibit A -1-5801El Chan~ Roacllnterchange
Concept Study Report
Scope of Work
Project Description
It is proposed by the City of Dublin (Client) that CCS Planning and Engineering, Inc. do conceptual
engineering studies for future improvements of the I-580/El Charro Road Interchange. The present
intErchange works well in serving the existing land uses which consist primarily of quarries operation, low
density residential, and agricultural. Present development plans, along with future plans for commercial
and indusbial services, will require an increase in interchange capacity in order to serve the growing
demands while maintaining safe and efficient traffic operations.
The existing I-5801Fl Olarro Road interchange is a spread diamond (Caltrans Type L-2 interchange) with
single lane entrance and exit ramps. The existing ramp intersections with El Charro Road and Fallon Road
are stop controlled while the traffic on both of these roads is not controlled. The existing I-580/E1 Charro
Road interchange is located within the spheres of influence of the Cities of Dublin, Pleasanton and
livermore. E1 01arr0 Road extends south of the interchange and acts as the boundary between the Oties
of Pleasanton to the east and Livermore to the west. Fallon Road extends north of the interchange and
is located within the City of Dublin.
The Concept Study Report will serve as a foundation for developing the Project Study Report by
completing the initial steps of the Project Study Report (PSR) procedures. The function of the Concept
Study Report is two-fold: (1) The Concept Study Report will study traffic characteristics within the-project
area and develop traffic forecasting methodologies which can serve as a basis for cost sharing between the
participating Cities, and (2) The Concept Study Report shall evaluate geomebic alternatives and present
two alternatives for further study in the PSR, and thereby complete the initial steps in the PSR
development. CCS Planning and Engineering, Inc. will develop and evaluate alternatives for staged
improvements for both initial operational improvements and a preferred ultimate interchange
configuration. CCS Planning and Engineering, Inc. will prepare the Concept Study Report -which
summarizes the basic alternative selection process and conclusions thereof.
CCS Planning and Engineering, Inc. will perform all work at the direction of the Oient, with technical
oveISight provided by Caltrans. All Oient direction will be given to CCS Planning and Engineering, Inc.
exclusively by the Oient's Project Manager. Directions from other Qient personnel will be referred to the
Client's Project Manager for further action. All directions from Caltrans, or others, that would result in
additional studies and/or efforts over and above those described herein, will be referred to the Oient's
Project Manager for concurrence prior to CCS Planning and Engineering, Inc. undertaking any such
efforts.
Task Descriptions - ..
The detailed scope of work below provides a description of the various tasks of work to be performed by
both the Oient and CCS Planning and Engineering, Inc., with the individual responsibilities noted.
Task I - Project Management
CCS P1anning and Engineering, Inc. shall perform the following administrative and management functions
necessary to complete the Concept Study Report.
5rf/l
I-580IEI Charro Road
Concept Study Report
A-I
CCS Planning and Engineering, Inc.
March 31, 1998
A. Project Administration
Project administration activities will include:
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. SupelVise and coordinate the project work.
. . Maintain monthly project schedules, budgets, and cost to complete schedules.
. Prepare monthly progress reports and invoices.
. SupelVise, coordinate and monitor project development activities for conformance with
Caltrans' standards and policies.
. Setup and maintain project files using Caltrans' Uniform File System.
B. Meating Attendance and Reporting
Meeting and report activities will include attending meetings as scheduled and required. The
following types and numbers of meetings are included in this scope:
Proaress Report MeetinQs
CCS Planning and Engineering, Inc. will attend Progress Report Meetings with the Oient's staff.
The number of Progress Report meetings are based upon a project duration of four (4) months
and assume a maximum of four (4) Progress Report meetings will be held during that time frame.
These meetings shall be scheduled to meet two weeks in advance of the Agency Coordination
Meetings.
Agency Coordination Meetings
CCS Planning and Engineering, Inc. will prepare and distribute copies of agendas in advance
of the meetings and prepare minutes as appropriate. CCS Planning and Engineering, Inc. will
conduct technical coordination meetings with the Oient; Caltrans; and the Cities of Uvermore . .
and Pleasanton. Four (4) meetings will be held to discuss such topics as the project scope,
project features, design standards, and traffic forecasting methodologies.
Task II - Technical Studies
Technical study activities will include:
A. Obtain and Review Existing Data
CCS Planning and Engineering, Inc. will collect and review available data for pertinent input in
the development of alternative sh.1dies. Typical data collection shall include as-built plans for the
existing roadway facilities, utility record drawings, right of way record maps, and other
information as applicable.
The following documents will also be reviewed:
. Caltrans Route Concept Report (RCR)
. Caltrans District System Management Plan (SMP)
. Regional Transportation Plan
. Congestion Management Program
. Tri-Valley Transportation Plan
. Alameda Countywide Transportation Plan
Appropriate information from these documents will be used to document the need and scope .
of the project
6 .::) / EJ
A-2
CCS Planning and Engineering, Inc.
March 31, 1998
I-$O/El Charro Road
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The project must be prepared in metric units requiring the complete remapping of the area. Per
discussions with the Oient, the acquisition of mehic aerial contour mapping (based on NAD 83
datum) will be the responsibility of the aient and made available to CCS Planning and
Engineering, Inc. for use in the development of preliminary alternatives, horizontal and vertical
alignment, and other studies. It is our understanding that this mapping will comply with all of
the applicable Caltrans requirements.
The conversion of the existing right-of-way lines and freeway, ramp and local street control lines
from NAD 27 (1927 datum) to NAD 83 (1983 datum) metric will be by factor only, not throuah
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B. Analyze Existing Traffic Conditions
Existing traffic volume levels within all elements of the interchange will be determined. The traffic
capacity and level of service will be detennined under two altErnatives: 1) existing conditions and
2) with the development of Staples Ranch in P1easanton. The magnitude of excess capacity will
be translatEd L'1to order of magnitude numbers of housing units and/or square feet of retail and
office space in the East DublintFallon Road corridor. This will provide the traffic justification for
additional interchange capacity.
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C. Prepare Traffic Model Analysis
To develop future year traffic forecasts, update to the Tri-Valley Transportation Model must
occur to accurately reflect traffic conditions in and near the E Charro Road/Fallon Road corridor.
Such changes include the following: 1) Connect E1 Charro Road to Stanley Boulevard as
indicated in the new Pleasanton General Plan, 2) Refine the model network and traffic zones
near the 1-580/ E1 Charro Road/Fallon Road interchange in order to develop more a~curate
traffic forecasts, and 3) Include the proposed interchange on 1-580 at Isabel Avenue. Year 2010
traffic forecasts will be developed to determine the required interchange elements such as
number of lanes on the overpass, lanes on each on- and off-ramp, and lane requirements near
ramp termini intersections. Year 2010 traffic volumes will also seNe as the basis for cost sharing
among the Qties of Dublin, Livermore, and Pleasanton.
D. Develop Initial Alternatives
CCS Planning and Engineering, Inc. will meet with the aient and Caltrans to determine which
schematic scenarios should be initially investigated. At this stage, CCS Planning and Engineering,
Inc. will study and prepare up to six single-line diagrammatic alternatives at 1:1000 and submit
to the aient and Caltrans for review and comment. The drawings will be prepared on
topographiC mapping provided by the aient.
E. Develop Conceptual Geometries
After meeting with the aient and Caltrans, the six alternatives will be revised to respond to
comments. Partial graphical profiles will be developed only for those areas where there is
concern of vertical clearances. A listing of non-standard design features will be tabulated for
each - of the alternatives. Conceptual phasing plans will be developed to identify interim
construction and subsequent funding opportunities. The revised drawings will be resubmitted
to the aient and Caltrans for further review.
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Additional alternatives would be considered as extra to this scop-e of work. and fewer alternatilJes
may result in cost salJings. -
? 4 /$
1-5801EI Charm Road
A-3
ccs Planning and Engineering, Inc.
March 31, 1998
F. Assess Right of Way and Utility Relocation Requirements
Right of way and utility relocation requirements will be assessed for each of the alternatives
generated under the activity titled "Develop Conceptual Geometries." These assessments will
be of a preliminary nature in order to quantify impacts on the basis of "order of magnitude"
numbers.
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G. Preliminary Environmental Research
The p:>tential environmental considerations will be researched and presented on a broad basis
including constraints such as air and water quality, wetlands, floodplains, endangered species,
hazardous wastes, and archaeology. Generally, those environmental issues relevant to the
alternative selection process will be presented in a qualitative manner with no specific design
recommendations. A memorandum type letter will summarize the findings from the
environmental research.
H. Prepare Cost Estimates
Order of magnitude costs will be developed for each of the project alternatives. The cost of the
s1aging will be included in the estimates. Right-of-way cost estimates to be included will be based
on typical land value data provided by each of the affected cities.
I.
Submit Draft Concept Study Report for Review
It is expected that one pre-draft Concept Study Report will be prepared by CCS Planning and
Engineering, Inc. and submitted to the Qient and Callrans for preliminary review and comments.
After revision, the draft Concept Study Report will be circulated to the Oient, the Oties of
Pleasanton and Uvermore, and Caltrans for review and comment. The following is a list of the
reviewing agencies and the number of copies that will be produced:
Aaencv
No. of Cooies .
3
3
3
5
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Qient
City of Uvermore
City of PleasantoI)""
Caltrans
"".
J. Resolve Review Comments/Finalize Concept Study Report
Upon review of the comments received and after discussions with the Oient, CCS Planning and
Engineering, Inc. will set up a meeting with the Oient, the other two affected cities, and Caltrans,
to discuss the comments and reach resolution of the concerns. Minutes of the meeting,
documenting the resolutions reached, will be prepared and distributed by CCS Planning and
Engineering, Inc.
K. Submit Final Concept Study Report
Based up:>n review comments received and resolutions reached, CCS Planning and Engineering,
Inc. will prepare the Final Concept Study Report The Final Concept Study Report will be
submitted to Caltrans and the following agencies for information:
Agencv
No. of Cooies
3
3
3
5
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Qient
City of Uvermore
City of Pleasanton
Caltrans
7' :{'/'"-;-
1-5801EJ ChCITTO Road
Concept Study Report
A-4
CCS Planning and Engineering, Inc.
Mard131, 1998
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EXHIBIT B
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PAYMENT SCHEDULE
City shall pay Consultant an amount not to exceed the total sum of SEVENTY-
FOUR THOUSAND FIVE HUNDRED DOLLARS ($74,500) for services to be performed
pursuant to this Agreement. Consultant shall submit invoices montWy based on the cost for
services performed in accordance with the Exhibit "A" cost estimate of $74,500.
The total sum stated above shall be the tot~ which City shall pay for the services
to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum
for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this
Agreement
City shall make no payment for any extra, further or additional service pursuant to
this Agreement unless such extra service and the price therefor is agreed to 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
percent (25%) of the initial contract price.
...
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..
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. If the Agreement is
terminated by City, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such ..'
termination. In that event, all finished and unfinished documents and other materials shall, at the
option of the City, become City's sole and::exclusive property. Consultant hereby expressly -.
waives any and all claims for damages or compensation arising under this Agreement. Consultant
shall maintain adequate logs and timesheets in order to verify costs incurred to date.
The Consultant 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.
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Exhibit B
Page 1 ofl
04/1 0/98
-/J- ~i /1
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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
offurnishing 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.
.>
Exhibit C
Page 1 of 1
04/10/98
/ J :j'- / :;
EXHffiIT D
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GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of Consultant's engineering 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 ~d 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, pennits, 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.
J.
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4.
-
INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration ofth6
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 subcontractors. The cost of such insurance shall be included in the
Consultant's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001) .
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensation inSi.minceas required by the Labor Code 6fthe State of
California and Employers Liability Insurance.
.
Exhibit D
Page 1 of5
- 04/1 0/98
It! ~t /"$
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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 projectllocation 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 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 Consultant shall procure a bond guaranteeing
payment oflosses and related investigations, claim administration and defense expenses.
D.
Exhibit D
Page 2 of5
04/1 0/98
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 o.tficers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of the
Consultant, premises owned, occupied or used by the Consultant, or
automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope ofthe protection
afforded to the City, its officers, officials, employees or volunteers.
(b) The Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall not
. contribute with it.
(c)
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
) ; __,': J ^J
5" ~
(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 Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City.
(3) Professional Liability.
Consultant shall carry professional liability insurance in an amount deemed by the
City to adequately protect the City 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) 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:VIII."'
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.
H. The Risk Manager of City may approve a variation of 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. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no
. authority, express odniplied, 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. - -" .. ... .
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Exhibit D
Page 3 of5
04/1 0/98
It ~ J ~
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6.
ASSIGNMENT PROIDBITED. 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 Agreeglent shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving
notice from City of such desire of City, cause the removal of such person or persons.
8. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner ofthe 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 marmer 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 negligent performance or character of the work, unforeseen difficulties,
accidents, occurrences or other causes predicated on active or passive negligence of the ,
Consultant or of his sub consultant. Consultant shall indemnify, defend and hold harmless the
City, its officers, officials, directors, employees and agents from and against any or all loss,
liability, expense, claim, costs (including costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising from the negligent 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 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.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
11.
DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or other written documents or materials prepared by Consultant
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. No such materials or properties'
Exhibit D
Pasz:e 4 of 5
04/10/98
17rb /1
produced in whole or in part under this Agreement shall be subject to private use, copyrights, or
patent rights by Consultant in the United States or in any other country without the express .
written consent of City. City shall have unrestricted authority to publish, disclose (as may be
limited by the provisions of the California PubliC Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, fonns or other
materials or properties produced under this Agreement.
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Exhibit D
Page 5 of5
04/10/98
/:l tt) / g