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HomeMy WebLinkAbout4.07 Award of Bid-Landscape . . . CITY CLERK File # Dl0J[QJ[(iJ-k3][Ql AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 7, 1998 SUBJECT: EXHIBITS ATTACHED: RECOMMENDATION: ~ Approval of Addition of Landscape Architect to Master Consultant Contracts on an as needed basis for overflow services in the Community Development Department (Report Prepared by Eddie Peabody, Jr. Community Development Director) 1) 2) 3) Resolution Approving Consultant Agreement Consultant Agreement Statement of Qualifications Adopt Resolution Approving Agreement for Professional Services with Jeffrey F. Gamboni, Landscape Architects 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 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 There are no licensed landscape architects on the City Staff. As a result, staff is not able to review landscape and irrigation plans for projects in a though manner. Staff time constraints, the need for specialized expertise, the desire of the Planning Commission and City Council to move projects expeditiously, the availability of the consultant firm when services are needed and the conscious desire not to add permanent staff in high workloads dictates the need for to contact for landscape architecture services. Prime criteria for the recommended firm is as follows: . Small shop, hands-on operation . Ability to respond in a timely fashion . Knowledgeable in the range of needed services - - ---- ~ - - - - - ~ - ----""'" ---- - -- - - - -- ~ -- - - - ---- - - -------- G: \agen das\98\4-91a n dscont COPIES TO: Jeffrey F. Gamboni 4.7 ITEM NO. . 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 ' It is important to coordinate the availability of additional Planning resources to those in Public Works, Police, Fire and other outside interests to insure that all necessary resources are available to handle a rapidly growing development review program. This consultant has a 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 of the 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. This is the first of two or three landscape architect consulting firms that the City would use as needed for specific project work. It is anticipated that additional firms will be added as they are identified. Staffwill bring those firms forward to the City Council for approval as soon as possible. RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the Contract for Services with Jeffrey F. Gamboni, Landscape Architects (Exhibit 1). . G:\Agendas\9 8\4-91 and con tr . -;2.- . . . RESOLUTION NO. - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************************************* APPROVING AGREEMENT WITH LANDSCAPE ARCHITECT CONSULTANT ON AN AS NEEDED BASIS IN THE COMMUNITY DEVELOPMENT DEPARTMENT RELATED TO PRIVATE DEVELOPMENT PROJECTS 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; and WHEREAS, staffhas determined it necessary to hire technical support to provide expertise in Planning and other development issues such as landscape design assistance and planning staff analysis, 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 Office of Jeffrey F. Gamboni, Landscape Architect, have submitted references that they have adequate ability to perform the landscape architect services required; and WHEREAS, consultants 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 agreement. PASSED, APPROVED AND ADOPTED this 7th day of April, 1998. AYES: NOES: E'e.~Ji !l'IBI~ 1 :"" ~ t......::l"j, I .,./"'. >:: l'1 -= Ii ...;.!. II . ~ . ---- / ~;1 ABSENT: ABSTAIN: . Mayor ATTEST: City Clerk g: agen da\9 8\4-9\1 an dcont\ . . ),/.;J1 STAND~~ CO!,TP~.CTU~~ S3RVICES AGREEMENT . between THIS AGREEJI.!ENT is made at Dublin, california, as of (date) by and the CITY OF DUBLIN, a municipal corporation ("CITY") , and ("CONSULTANT"), who agree as follows: 1. SERVICES. Subj ect 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. CONSULT.1:illT shall. .Submit all billings for said services to CITY in the manner specified in Exhibit B; or, if no manner be specified in Ey~ibit B, then according to the usual and customary procedures and practices which CONSULTANT uses for billing clients similar to CITY. 3. FACILITIES AND EQUIPMENT. 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 lis~ed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. G3N3R~ PROVISIONS. The general provisions set forth in Ey~ibit Dare par::. of this Agreement. In the event of any inconsistency between said general .proVisions ~~d any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with ~he general provisions. EXI1IBr~r 2 J; ,,/ rJ J. EXHIBITS. All exhibits referred to herein a~e attached here~Q a~d al-e by this reference incorporated herein. . 6. CONTR~CT 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 CONSULTANT shall be sent to: Any written notice to CITY shall be sent to: citv of'Dublin Attn: Richard Ambrose P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: . CITY OF DUBLIN a municipal corporation By "CITY" Attest: City Clerk By "CONSULTANT" Approved as to form: City Attorney . l/ oj- ;'7 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 54;1 EXHIBIT B PAYMENT SCHEDULE . CITY shall pay CONSULTANT an amount not to exceed $70.00 per hour for consulting services to be performed pursuant to this Agreement. The hourly rate is inclusive of all staff support and no additional amounts shall be payable for faxing, postage, messengers or other material costs. CONSULTANT shall submit monthly invoices during the term of this Agreement, but not more often than once a month. The total hourly sum stated above shall be the total which CITY shall pay for the hourly 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 oth. designated official of CITY authorized to obligate CITY thereto prior to the time such extra service is rendered. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONSULTANT for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONSUL T ANT shall maintain adequate logs and time sheets 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 of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 4/1/90 . b cj /1 officials, employees or volunteers shall be excess of . the CONSULTANT'S insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. , d. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. 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 . CONSULTANT for the CITY. 3_ Professional Liability. CONSULTANT shall carry professional liability insurance ln an amount deemed by the CITY to adequately protect the CONSULTANT 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 . Exhibit D Page 4 of 7 4/l/90 II 1 J 1 limits of liability by and endorsement to the policy except after thirty (30) days I prior written notice by certif. mail, return receipt requested, has been given to the CITY. (e) Acceotabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coveraqe. 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. Subcontractors. CONSULTANT shall include all subcontractors ~ (g) insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subj ect to all of the requirements stated herein. (h) The Risk Manager of CITY may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY's interests are otherwise fully protected. 5. CONTRACTOR NO AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on . Exhibit D Page 5 of 7 4/1/90 /;; :{ j 1 EXHI3IT C . CITY shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for CONSULTANT'S use while consulting with CITY employees and reviewing records and the information in possession of CITY. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of In no event shall CITY be obligated to furnish any facility which CITY. 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 () _// .1 I ~f) I EXHIBIT D 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 services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONSULTANT to practice his profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which a. legally required for CONSULTANT to practice his profession. 3 . TIME. CONSULTANT shall devote such time to the performance of services pursuant - to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT'S obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONSULTANT'S bid. . Exhibit D Page 1 of 7 4/1/90 q 0' /1 . (a) Minimum Scone 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 II and endorsement CA 0025. 3. Workers I Compensation Insurance as required by the Labor Code of the State of California and Employers Liability . Insurance. (b) Minimum Limits of Insurance. CONSULTANT shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . 3. workers' Compensation and Employers Liability: workers' Exhibit D Page 2 of 7 4/1/90 1'1;'/ Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 . 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, ~ither 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 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 a. 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 of the 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 ~ self-insurance maintained by the CITY, its officers, Exhibit D Page 3 of 7 4/1/90 / (; tV /1 behalf of CITY in any capacity whatsoever as an agent. CONSULTANT . shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may ass1.gn any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this t Agreement shall be void and of no effect. 7. PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the 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. .s. STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All instruments of service of whatsoever nature which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONSULTANT 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, Exhibit D Page 6 of 7 4/l/90 /9 l' J? unforeseen difficulties, accidents, occurrences or other causes p:!"edicated on active or passive negligence of the CONSULTANT or . subcontractor. 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, an? 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 of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement CONSULTANT acknowledges and this paragraph is a material element of consideration. agrees that he has read and understands the provisions hereof and that . Approval of the insurance contracts does not relieve the CONSULTANT 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, CONSULTANT shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by CONSULTANT pursuant to this Agreement shall become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Agreement. . Exhibit D Page 7 of 7 4/1/90 a:contract.personnel forms jL/cf/? . . . THE OFFICE OF JEFFREY F. GAMBONI LANDSCAPE ARCHITECT 2702 JEFFREY F. GAMBONI Landscape Architect 2702 Certified Arborist 520 Education" Harvard University, Graduate School of Design, M.L.A., 1984 Harvard University, B.A., cum laude, 1978 San Joaquin Delta College, Certificate: Ornamental Horticulture, 1981 Registration Landscape Architect, California License Number #2702 Certified Arborist, Western Chapter International Society of Arboriculture, #520 Experience 13 years Professional Affiliation American Society of Landscape Architects California Horticultural Society California Native Plant Society International Society of Arboriculture, Western Chapter Part-time Instructor, San Joaquin Delta College Recent Awards City of Stockton Planning Commission A wards of Excellence, 1995 CSAA Office Building, Brookside 1995 Union Safe Deposit Bank, Weber Avenue Branch 1995 EI Dorado Brewing Company 1995 Head Start, VanBuren Street 1996 Scheflo Professional Offices 1996 AKL Fraternity 1997 Mr. Gamboni brings to his practice a combination of planning experience and landscape architecture expertise. His project experience includes the planning and design of institutional, commercial, civic and residential landscapes. He provides continuing services for the City of Galt, the City of Brentwood, and The Grupe Company. Mr. Gamboni is the Principal of Jeffrey F. Gamboni Landscape Architects, a four-person office founded in 1992. e- ~~_7t, ~ ~ if'" ~=.= :3 -=-~ .;<, (. ~. ","' ~ t..v~;; 3012 Pacific Avenue Stockton CA 95204 Office 209.948.8335 Fax. 209.465.2603 < '/;J /) oz; THE OFFICE OF JEFFREY F. GAMBONI LANDSCAPE ARCHITECT 2702 . CHRISTINE J. JEPSON Education , University of California Berkeley, A.B. Landscape Architecture 1992 with honors Internship, Peter Walker and Partners, San Francisco, 1992 A wards Certificate of Honor, American Society of Landscape Architects, 1992 Experience 6 years As an associate at the office of Jeffrey F. Gamboni Landscape Architect, Chris has assisted Jeff with all phases of his professional practice. Her job responsibilities have included project management from the design phase through construction drawings and contract administration. . . 3012 Pacific A venue Stockton CA 95204 Office 209.948.8335 Fax 209.465.2603 /0 c-f I ? ,.. ( I ~ . . . THE OffiCE OF JEFFREY F. GAMBONI LANDSCAPE ARCHITECT 2702 REFERENCE PROJECTS Captain Charles M. Weber Memorial, Water-Conserving Demonstration Garden Waterfront Gateway, Weber and Lincoln Weber Point Events Center AIDS Memorial Garden, Golden Gate Park, San Francisco City of Galt, Emerald Oak Park, Wristen Way Medians and Rio Mesa Corridor Park City of Galt, Landscape Manual Emerson Park, Lodi American Legion Park, Lodi San Joaquin County Jail & Sheriff's Operation Center, Interior and Exterior Signage Mary Gfaham Hall (housing for wards of the court) Carneoie Library, Lodi City }fall renovation, Lodi Dignity Farm, San Joaquin County Probation Department, Juvenile Hall City of Galt, Plan Review Services City of Brentwood, Plan Review Services Community of Bridlewood, Plan Review Services The Grupe Company, Plan Review Services for Brookside and Lakeside Children's Museum of Stock"ton Community Center for the Blind Stocbon Shelter for the Homeless New Familr Shelter Saint Mary s Interfaith Dining Room Women's Center of Stockton Stockton Unified School District, Centrally Controlled Irrigation Sytem Head Start Pre-school, Poplar Street Head Start Pre-school, Gemini Model Alternative Hi~h School Master Plan Saint Mary's High Scnool, Zieter Memorial Interstate Truck Center California State Automobile Association Regional Communication Center, Stock"ton California State Automobile Association Regional Communication Center, Livermore Brookside Retail Center - Continental Cablevision Poner Professional Offices The Fountains Professional Offices, Master Plan and Phase One Grocers' Warehouse Stock"ton Nissan Chase Chrysler-Plymouth Stockton Savings, Fresno Union Safe Deposit Bank, Weber Street Complex Gold Rush City, Theme Park Planning Pinehurst Model Home Complex, Brookside Diamond Oaks, Manteca, Neighborhood and Park Plannino Providence at Chadwick Square Model Home Complex, i\f'anteca The Village at the Greens, Livermore El Dorado Senior Housing Bear Creek Community Church Elevation of the Most Holy Cross Russian Onhodox Church, Sacramento Saint Michael's Catholic Church Saint Geor~e' s Catholic Church Lakeview Assembly Delta Blood Bank Dameron Hospital Saint Joseph' Hospital 3012 Pacific Avenue Stockton. 95204 Office-209.948.8335 Fax-209.465.2603 /14/J