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HomeMy WebLinkAbout4.05 DEvansLanscapeAgmt , . . . CITY CLERK File # D~fOl01-MlIr5l AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 16, 1998 SUBJECT: Approval of Agreements with David Evans Landscape Architect and Jim Hemmann Associates Landscape Architect. (Report Prepared by Eddie Peabody, Jr. Community Development Director) EXHIBITS A TT ACHED: 1) 2) 3) Resolutions Approving Consultant Agreements Consultant Agreements Statements of Qualifications RECOMMENDATION: ~ Adopt Resolutions Approving Agreements for Professional Services with David Evans, Landscape Architect and Jim Hemmann Associates, Landscape Architect 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. Charges for these consultants 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 staffis unable to complete projects in a timely fashion due to workloads . Landscape Architecture Review At the present time, the City has only one contract with a Landscape Architect. 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 COPIES TO: David Evans Jim Hemmann ITEM NO. 4., · 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 . · Knowledgeable about development issues in growth areas · Offer highly competitive hourly rates · Willing to work on an "as needed basis" on short notice I . 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 these contracts contains provisions that the consultants 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 charged to the Community Development Department budget in accordance with costs associated with that project. RECOMMENDATION: Staff recommends that the City Council adopt the resolutions (Exhibit 1) approving the Contracts for Services (Exhibit 2) with David Evans, Landscape Architect and Jim Hemmann Associates, Landscape Architect. G:\Agendas\98\6-16Iand . . RESOLUTION NO. - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * ** . APPROVING AGREEMENT WITH DAVID EVANS, LANDSCAPE ARCHITECT CONSULTANT WHEREAS, the City of Dublin is experiencing significant increases in new development applications; and WHEREAS, with the acceleration of new development projects in both Western and Eastern Dublin, the need to retain additional outside consultant firms is necessary; and WHEREAS, 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 WHEREAS, the firm of David Evans, Landscape Architect, has the ability to perform the landscape architect services required; and WHEREAS, David Evans will only perform work on a time and material basis at the direction of the Community Development Director; and . WHEREAS, 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 of the 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 16th day of June, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: . City Clerk EXHIBIT 1 / r/,'1 RESOLUTION NO. - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * ** . APPROVING AGREEMENT WITH Jim Hemmann Associates, ... LANDSCAPE ARCHITECT CONSULTANT WHERE-AS, the City of Dublin is experiencing significant .increases in new development applications; and WHEREAS, with the acceleration of new development projects in both Western and Eastern Dublin, the need to retain additional outside consultant firms is necessary; and WHEREAS, 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 WHEREAS, the firm of Jim Hemmann Associates, Landscape Architect, has the ability to perform the landscape architect services required; and WHEREAS, the firm of Jim Hemmann Associates will only perform work on a time and material basis at the direction of the Community Development Director; and WHEREAS, all costs will be charged to the Community Development Department budget in accordane 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 of the 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 16th day of June, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk . EXHIBIT 1 ?- of- I '1 STANDARD CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of June 16. 1998 by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and David Evans, Landscape Architects, ("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 mariiier specified in Exhibit A. 7 FA 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 EQUIPMENT. 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 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 Evans Landscape Architect 714 Beatie Street Oakland, CA 94606 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 . Approved as to form: By "CITY" By "CONTRACTOR" EXHIBIT ~ 3 rt ;1 City Attorney 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. Exhibit A Page 1 of 1 4/1 /90 U / )"1 I ~, . . . PAYMENT SCHEDULE .,..... .. -CITY shall pay CONTRACTOR an amount not to exceed the total swn of Seventy Dollars per hour ($70.00) . . for services-to be.performed pursuantto this Agreement. CONTR1\CTOR shall submit invoices during the term of this Agreement based on the cost for services performed in accordance with the following schedule: Monthly only after completion ofthe 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 all .utstanding 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. .xhibit B (Page 1 of 1) 4/1190 ~---://::; --' - /, ~. u_ . -- 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. . Exhibit C Page 1 of 1 4/1/90 . / .-r:/ / '7 b :/ 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 :in 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 ofwhatsoeverunature 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 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 of such insurance shall be included in the CONTRACTOR'S bid. . 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. (a) (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 $1 ,000,000 per accident. .EXhibit D (Page 1 of 3) 4/1/90 1 ~- )) (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by theCITY..:._Atthe option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officiais and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. . (d) Other Ins~ce P~ovisions. The policies are to contain, or be endorsed to contain, the fOllOwi' .. provisions: 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'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 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. 1. 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. 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) 4/1/90 . o ;..;..( /1 b ../ 5:--. :--:.CONTRAeTORNO AGENrExceprasCITYmay .specify-inwriting~ CONTRACTOR shall have no . . authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRi\CTOR shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obliQ:ation whatsoever. .-6: "~ ASSIGNMENT PROHIBITED. 'No party to this Agreem~l1t may assign any right or obligation pursuant to this Agreement. Any attempted or purported assigDl11~flt_<:>f an)'.~igh~ or obligati_on pursuant to this Agreement sha~l 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 ofthe 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, 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 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 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 of3) 4/1/90 1- /1'0 ./ STANDARD CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of June 16, 1998 by and between the CITY OF . DUBLIN, a municipal corporation ("CITY"), and Jim Hemmann Associates Landscape Architects, ("CONTRACTOR"), who agree as follows: I:" . SERVICES. Subject to theterins.'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. 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 EQUIPMENT. 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. EXlllBITS. 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: Jim Hemmann Associates Landscape Architects 308 West Joaquin Avenue San Leandro, CA 94577 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 By "CITY" . Approved as to form: By City Attorney ."CONTRACTOR" I t;; ~. j -.'- -,---:-.-._.-.~-...-~_.~..,..__._-_... -.---:.-.--.-,.,.., .. .'~ - . ~-~_.. -~. -'~ ,. . __~____.._ ,__..,~ ,_,,,,,__,.__m- c-" .:..._,~. __ _.n .____._ .._ ~.XH:IBIT 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. . Exhibit A Page 1 of 1 4/1/90 . // '-.. .-"+/' /"~ ~/ . _.~...'_........,~_...."""""-..,...- ---,. . ..,-.. ~.~, '""" --...., ,...... . . . --J.',..-'"...._..'.,~~....~__~__..'~\. ,~,,_, ~". ~~_.~~_ ~_._~_ ~ . _ ...".. ~_.____ .'n_., ~_. .. ........_,__~. A~_ ",,:,,"..-,..,~:~ ~~..........__,_ ,,""_ ...- "-~--- ~_: ...."~..._~-_?--_., ~_...---.,..,."......._-~.~...~.~ .,"-~.- PAYMENT SCHEDULE . CITY shall_pay CONTRACTOR an amount not to exceed the total sum of Seventy Dollars per hour ($70.00) .- foiservices to be performed pursuant to this Agreement. CONTRACTOR shall submit invoices during the term ofthis 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 a.ll 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 1 of 1) 4/1/90 . I /:--" r' -: , ." Ii' '.,~, ." ...-.------, .- -.-.. ..:= ,;::.:;-.-....:-..:_~.::;_ _;.~,,_:..~. ,. - _. J ___. ~. _ :._.::u. : ._,:..:: ':':~::~--::::;c~";'"::~~_EXHIBIT~C;:(:ity }?~ciljti~,:'-';: .- .. ".. .- .- _CITY shall furnish -physi~al facilities such as desks, filing cabinets, and conference space, as may be _;reasonaqlinecessaryfor CONTRACTOR'S'.use 'Whileuconsulting 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. . ..Exhibit C ~age 1 ofl 4/1/90 / '? _/ / ~- ~ ~~ EXHIBIT D __-..;..;,;... '~'~~"",:":,,~,~.'.::~.......~.~"rr.::'-"~-""""""; ",:,~.....;..,;:~. .- "'!~-~~..;~::::.....- -":.;,; ~"""",;"",....."":~~-";;":~:';""'",.;";~~.~.~~~~~..=7:'~;"='~_~-~ . __ -: ~.:, ~ '*"~<. ". ......1 ..~. . '''''---', ~r~ . .'", .... GENERAL' PROVISIONS ~ -.L_ -- ... 1. . INDEPENDENT CONTRACTOR.~Atall 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 rightto 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 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 of 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. 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 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: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$l,OOO,OOO per aCCide_ Exhibit D (Page 1 of 3) 4/1/90 /,7 /11 /'~ ../ . . (c) Deductibles and Self-Insured Retentions. Any deductiblesorself.:.jnsured retentions must be :. :.._~..:.:..:dec1_ared to andapprov~9 b,y the.:~IT:Y. Attht; option of the CITY. either the insurer.shaJI 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 __.~~~~~is~ation and defense expenses; . .. Cd) m 'OtherInsurance Provisions: The policlesaretbcontain, 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 qwned, 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'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 ofthe 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. e 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. 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) Acceptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification ofCovera~e. 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. eExhibit D (Page 2 of 3) 4/1/90 /: / -~ i/ ~'~'~~~5-:'JFc"c;.oeONTRA.CT()R N(),AGENT:'cc-Except as CITY mayspecify'in writing; CONTRACTOR shall have no authority. express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. C.oNTR.A.CTOR shaH have no authority, express or implied, pursuant to this Agreement to bind CITY to any . obligation whatsoever. ...-- : 6. _~:ASSIGNMENi P~OHIl?tTE-D. No partyto.thi~ Agree~~nt may assign any right or obligation purs. to this Agreement. Any attempted or pllfJ>orted assignment of any right o(obligation pursuant to this . Agreement shall bevoid 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, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shaJa indemnify, defend and hold harmless the CITY, its officers, officials, directors, employees and agents from an" 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. 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 . ~? , _.~ ... 06/08/98 10:06 F.~ S3i 2543 THE DAHLIN GROUP .... . -.. ..... . .. - .. - .. :.~:'-?~_' _~ -----. .~"""'~~~~5::'?'.~""""""'--":::-'_-'.' ...... :f....:".:.:.-~::.:-:-::-..:..........:".~ ._.:.~ ~:",,",,"_"""":"':... .-=::.::-~.-,._:-:.-'"~.~:..........::~'~::~:-~';'---:".~~;"'. """T-':"'....;.,.-.,~--:-r'-'..-_.. -.. .. ~- . - --,~, .~~,.,......."t:,~_~.~-=':'"""'"-::-~~'."7:-~. ..- ," '-0"" . . David Evans, ASLA Statement Of Qualifications I4i 0021002 Experience: Mr. Ev:l1lS has over 24 years of experience in landscape architecture, UI'ban desigrt artd real e8t:.\tC development planning wi~h a specific focus on public sector projects. His professional history covers a wide range of projec. l;)rpes including park and recreational facilities, housing and mixed use development and community planning. Educa.tion University of California, Berkeley, Master of Urban Design Conway School of Design, Master of Landscape Design Professional AfflliatiOl1S Member, Americ.m Society of Landscape Architects Professional Licensure California Landscape Architect #3923 Ma.ssachusetts Landscape Architect #944 Professional Leadership Instructor for the University of California., Berkeley E}..-cension for cl:lSSes in: Grading and Dnunage, Paving pesign, Landscape Structures and Landscape Architectural Graphics. Selected Project History Urban Design and Planning Bay Point/ BART Specific Plan, Pittsburgh, California City of Brentwood Trails Feasibility Study, Bremwood, California MaSsa Marittima Urban Design Plan, Massa Marittima, Italy Rio Vista Marina Feasibility Study, Rio Vista, California Rio Vista Urban Design Plan, Rio Vista, C:ilifornia Rodger's Point Marina Feasibility Study, Antioch, California Park and Recreational Facilities Atbolado Park, Walnut Creek, Cilifornia Centnl -Park, San Mateo, Califotnla Hellman Tennis Center, University of California, Berkeley Pan View Park, Port of Oakland, California Strawberry Field, University of California, Berkeley Sycamore Valley Park, DanviUe, California Awards and Fellowships 1994 California Parks and Recreation Society A watd of Excellence: Central Park, San Mateo 1984 Mayors A ward of Excellence: Columbus, Ohio Demars Fellowship: University of Califomia, Berkeley , ..... EXHIBIT ~ /" :~.., '~? ... ..- . -.~~:;~.i:.~~~~~;::~~'~.-',c ~;:~::~ ~::'~'._~~ ~~.: ~,:::~~~-=~~-~~~,,~,~:~':;-.~.~fi: ~:~::~:~i.~:~~::::," :;:~~-:';':'~.:~~:;;.~~~~.~'_:-. . ..- .,.. - . '..- - .---.--.. ~._.. --.- _. ._.'un. .._. _n. . ..,.... , "., ~ ~'.:!' -" ..,--"... ......,.:.--- . Project Experience ....;c- Jim Hemml'lDTJ Associates has provided Landscape Architectural services for the foilowiDg projects: - - .. . - Parks. :' Jack.London Park, Bemcia Channing Circle Park, Benicia West Ninth Street Park, Benicia C-l Park, Bemcia E. 6th Street Park, Bemcia Overlook Park, Benicia Mathew Turner Park, Benicia Lake Herman Park, Bemcia Commodore lones.Point Park, Benicia Nort.h Waterfront Park, Berkeley Aquatic Park, Berkeley City Paik, Pittsburg Buchanan Park Phases II - IV, Pittsburg Highlands Park, Pittsburg lido Square Park, Pitts burg Marina Park, Pittsburg RiverviewPark, Pittsburg Pioneer Park, Union City Union Landing Park, Union City Contempo Park, Union City Rithet Park, Crockett, Longfellow Park, Alameda Woodstock Park, Alameda Lincoln Park, Alameda Krusi Park, Alameda Mariner Square Park, Alameda New Playgrounds Jack London Park, Benicia Channing Circle Park, Benicia West Ninth Street Park, Benicia C-l Park, Bemcia E. 6th Street Park, Benicia Overlook Park, Benicia Park Solano, Benicia Kennedy Park Playgrounds, Union City Contempo Park Union City Union Landing Park, Union City City Park, Pittsburg Longfellow Park, Alameda Woodstock Park, Alameda Lincoln Park, Alameda Krusi Park, Alameda Willow Gardens, So. San Francisco Playground Renovations Kennedy Park Playgrounds, UnioD City Contempo Park Union City UniOD Landing Park, Union City. Lincoln Park, Alameda Longfellow Park, Alameda Krusi Park, Alameda Godfrey-Lyd.ecker Parks, Alameda W oodstoc1e Park, Alameda Willow. Gardens, South San Francisco Garfield School, San Leandro McKinley School, San Leandro Monroe School, San Leandro Roosevelt School, San Leandro Washington School, San Leandro Wilson School, San Leandro Trails and Paths Shoreline Barrier-Free Access, Benicia Lake Herman Master Plan, Benicia Benicia Waterfront Pathway, Benicia Benicia Industries Public Access, Benicia Waterfront Barrier- Free Access, Berkeley Golden Gate Fields Shoreline Trail, Albany Tennis Courts K Street Tennis Couns, Benicia Berkeley Rose Garden Tennis Courts, Berkeley San Pablo Park Tennis Courts, Berkeley Quadrus Roof Top Tennis Court, Menlo Park Sleepy Hollow Tennis Club, Orinda Rancho Colorados Tennis Club, Lafayette Longfellow Park Tennis Court, Alameda Municipal Sports Fields Benicia Little League Fields, Benicia National Little League Fields, Pittsburg City Park Baseball Field, Pittsburg City Park Youth Field, Pitts burg City Park Baseball Field (Lucky/A's ), Pittsburg Comempo Park Baseball Field, Union City Pioneer Park, Union City Doyle Park, Santa Rosa Ygnacio Park Soccer Field, Concord Jim Hemmann EXHIBIT 3 Associates If ~ ../ . . . '_n_"'- .......~-. __,- - -- --. - - -- - - . - =::~:~:;-~;::::.. .:=,:,,:- :"::";;:i':~:-':=-:--:::.:"-=~-. -:::;::'~C.,:"':::~.:~O:O:~;:'<- ::-":=",.-;' ':=::c.;-:"';:-:::-:'-'~7'::.=C.::;c' '..;'c:2::;~:: .0..... .'C' -=:. -. ---::' .".: :.: ----- -. - . . -- --~,- --- -- _..~- ~~-- --- ----- ~ ....-- ..... .-.. . -- -- ,-- . .. >. --n . - - . . . Project Experience _ J~ Hemni~As5ociates has provided Landscape Architect:ural services for the following projects: . . , Campus Sports Fields Mills College Soccer Field, Oakland The Head.Royce School, Oakland Berkeley High School, Berkeley. East Avenue School, Livermore Granada High School, Livermore Livermore High School, Livermore Junction School, Livermore .. Lema Vista Elementary School, Concord Ayers Elementary School, Concord Encinal High Stargell Field (Lucky/Ais), Alameda Encinal High Football Field, Alameda Thompson Football Field, Alameda Gilroy High School, Gilroy Live OakRigh School, Morgan Hill Sunset High School, Hayward Lighting Projects Skywalker Ranch, San Rafael Willow Gardens, So. San Francisco City Park Baseball Field, Pittsburg Warner Hutton Historic Home, Saratoga Quadrus Office Park; Menlo Park Quadrus Office Park Tennis Court, Menlo Park Rithet Park, Crockett Contempo Park Baseball Fields, Union City Berkeley Rose Garden Tennis Courts, Berkeley San Pablo Park Tennis Courts, Berkeley Municipal Projects Railroad Avenue Improvements, Fittsburg Fire Station #4, Alameda Warner Hutton Historical Home, Saratoga Willow Gardens Apartments, So. San Francisco Bureau of Electricity, Alameda Santee Village Shopping Center, Santee Holly Community Center, Union City Teen Employment Center, Union City Diamond Boulevard Reconstruction, Concord Grand Street Improvements, Alameda Street Tree Master Plan, Union City' Mast/Magnolia Medians, Santee Grand Street, Alameda Mastick Senior Center, Alameda Alameda Main Library Renovation, Alameda E. Bay Bridge Development Plan Check, Emeryville Commercial Projects Quadrus/Kaiser Family Foundation, Menlo Park George Lucas' Skywalker Ranch Complex, San Rafael Bookend Building, Alameda C & H Sugar Company, Crockett Sandlewood Shopping Center, Pleasant Hill Golden Gate Fields, Berkeley and Albany Sancimound Woods Recreational Community, Contra Costa County Clipper Cove Common Areas, Alameda Tracy Industrial Center, Tracy Oakland Zoo Amusement Area, Oakland Oakland Zoo Savanna Area, Oakland Residential Senior Housing Apartments, Moreno Valley Suntree Condominiums, Pleasant Hill Driftwood Lagoon Condominiums, Alameda Casa Del Valle Condominiums, EI Sobrante Warner Hutton Historical Home, Saratoga, Connors Residence. Brentwood Rose Residence, Pinole Dr. Santi Residence, San Francisco Mouradin Residence, Danville Bradley Bogwe Residence, Diablo Dr. Barrington Residence, Oakland Wong Residence, Oakland Sohegian Residence, Piedmont Dr. Scholberg Residence, Danville Vietti Residence, Berkeley Jim Hemmann Associates :;> ...;...... ./