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File # =6 o,n- _a
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 7, 1997
SUBJECT: Consultant Services for City Park Master Plan
...... ... . . . .. _ . Report by: Diane Lowart,Parks & Community Services Director
EXHIBITS ATTACHED: Consultant Services Agreement
RECOMMENDATION: Approve Consultant Services Agreement and Authorize Mayor to
VY. \ Execute Same
FINANCIAL STATEMENT: The proposed fee for services is $80,000; sufficient funds are
available in the 1997-98 budget for this project
DESCRIPTION: The Fiscal Year 1997-98 Budget includes funds for consultant
services to assist the City with the development of a master plan for future site improvements on the City
Park located on Tassajara Road between the Transit Spine and Gleason Road on the Santa Rita property in
Eastern Dublin. A Request for Proposals was circulated and eight firms submitted proposals by the
August 29, 1997 closing date. After a review of the proposals, interviews were held with five of the
firms; the interview panel consisted of the City Manager, Community Development Director, Parks and
Community Services Director and Public Works Director. After a thorough review of the proposals and
based on the results of the interviews and reference checks, Staff recommends that the contract be
awarded to David L. Gates &Associates, Inc.
David L. Gates & Associates, Inc. is a Planning, Urban Design and Landscape Architecture firm
established in 1977. The firm is located in the tri-valley and consists of 20 persons. The firm has
engaged in projects throughout the Western United States, as well as in Japan. Some of their notable
projects in the bay area include the master plan and construction documents for the 36-acre San Ramon
Central Park in San Ramon, the master plan for the 113-acre Tracy Community Park in Tracy, the master
plan and construction documents for the 100-acre Prewett Family Park in Antioch and the master plan for
the 40-acre Veteran's Memorial Park in Hollister. Additionally, David L. Gates & Associates, Inc. was
the consultant to the City of Dublin on it's Parks and Recreation Master Plan. Subconsultants to David L.
Gates & Associates, Inc. on the City Park Master Plan include Group 4 Architects and Brian Kangas
Foulk Civil Engineers. Group 4 Architects have extensive experience in the design of recreation facilities
and Brian Kangas Foulk are very knowledgeable about the infrastructure and drainage system in the Santa
Rita area. .
A detailed scope of work for the development of the City Park Master Plan is shown in Exhibit A of the
attached Agreement. The proposed fee of$80,000 is broken down as follows: 1) Program Development
Phase - $14,850; 2) Alternative Development - $21,100; 3) Master Plan Preparation - $28,350; and 4)
Document Preparation- $15,700. There are sufficient funds in the budget to execute the Agreement.
COPIES TO: David Gates&Associates,Inc. lY "
ITEM NO. 4.1.1.
F:citypark\ctypkmp\ccdga107.doc
Concurrently with the development of the City Park Master Plan, the Library Planning Task Force is
evaluating the long term library building needs for the City of Dublin. If it determined that these needs
can best be met with a new library building, then it will be necessary to evaluate the existing building to
determine whether it can be converted to another public use. The proposed Agreement with David L.
Gates & Associates, Inc. does not provide for this evaluation; an addendum to the Agreement would be
necessary and additional funds would be required.
It should be noted that competitive bidding shall not apply to contracts involving the acquisition of. --
professional or specialized services, such as, but not limited to, services rendered by architects, attorneys,
engineers, and other specialized consultants (Chapter 2.36, Section 2.36.050 of the Dublin Municipal
Code).
Staff has prepared the documents necessary to execute an agreement between the City and David L. Gates
& Associates, Inc. (attached) and recommends that the City Council approve the Consultant Services
Agreement and authorize the Mayor to execute the Agreement.
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AGREEMENT BETWEEN CITY OF DUBLIN AND
FOR CONSULTANT SERVICES
CITY PARK MASTER PLAN
THIS AGREEMENT is made at Dublin, California,. as of , 1997, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and David L. Gates & Associates,
Inc., ("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 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
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 the
City's Parks and Community Services Director ("Administrator"). All correspondence shall be directed
to or through the Administrator or his or her designee.
7. NOTICES. Any written notice to Consultant shall be sent to:
Ms. Linda Gates, Project Manager
David Gates &Associates, Inc.
., 2440 Tassajara Lane
Danville, CA 94526
Any written notice to City shall be sent to:
Ms. Diane Lowart, Parks & Community Services Director
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Agreement
Page I of 2
Executed as of the day first above stated:
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CITY OF DUBLIN, a municipal
corporation
By
"City"
Attest:
City Clerk
DAVID GATES &ASSOCIATES, INC.
By
"Consultant"
Approved as to form:
City Attorney
Agreement
Page 2 of 2
j
EXHIBITA
SCOPE OF SERVICES
TASK I-PROGRAM The objective of this phase is to work with City Staff and Task Force to clarify
DEVELOPMENT and prioritize Dublin's recreation needs and to ident a park facility
program for both the City and Sports Park
Sub Task 1.1 - Meet with City Staff to refine work program (particularly with respect to the
Orientation/Work Program community outreach process and development of a project schedule).
Refinement Review outreach process which may include:
• City Staff,Task Force and community workshops
• • Media coverage including newsletters, public broadcast over
radio/television,press releases, school bulletins, etc.
• Presentation exhibits-models, sketches,posters
• Public hearings
• Links to other City events
• Develop a schedule for meetings, identify location and facilities needed
for each meeting
Discuss overall project objectives.
Sub Task 1.2-Existing Data Obtain and review existing documents including:
Review • Creek restoration guidelines
• Creek improvement plans
• • Agreements with EBRPD,Zone 7, County and other agencies
• Public Facilities Fee Justification Study
• Parks&Recreation Master Plan
• Any other relevant information
Sub Task 1.3-Base Map Prepare base map using topographic survey and improvement plans developed
Preparation by Engineer.
Sub Task 1.4-Site Analysis Through field reconnaissance and agency discussion identify site potentials
and constraints which might include:.
• Views to and from park- identify areas in need of screening or views to be
preserved or enhanced
• Existing creek corridor vegetation, slopes, etc.
• Required setbacks and easements
• Drainage patterns and proposed infrastructure
• Relationship to adjacent properties _and other special uses in the
community
• Architectural and landscape character of the setting
• Infrastructure issues and constraints
Summarize findings into potentials and constraints diagram for use at
community workshop.
Erhibit A
Page I of 5
Y
Sub Task 1.5-Existing Facility Work with City Staff to:
Inventory • Update and evaluate existing inventory of parks and recreation facilities
• Identify any proposed improvements or interim uses of parks or school
facilities which may impact recreation demands for the City park
_. • Identify potential adjustments to the existing needs assessment_based on
existing demand and update of existing facility inventory
Collect from City updated information on demographic projections. Based
upon these projections and sports standards, review potential facility
distribution.
Summarize data and existing facilities, growth projections, and recreation
demands into a format ready for the Task Force to review. As appropriate,
identify special sub-committee groups (i.e. - sports fields, seniors, or indoor
sports)who can work to refine specific areas of program.
Sub Task 1.6-Task Force At initial Task Force meeting:
Meeting#1 - Orientation • Review schedule and emphasize the role of Task Force in developing the
Master Plan
• Develop preliminary goals and objectives
• Define the vision for the City and Sports Parks
Sub Task 1.7-Sub-Committee Conduct a series of small work sessions with special sub-committees to refine
Meetings specific criteria for various facilities.
Consolidate input from Task Force and sub-committees into draft needs
assessment refining potential facility distribution and prioritization.
Sub Task 1.8-Facility Tours Conduct a tour with members of Task Force, sub-committee, and City Staff to
other facilities. Collect images.
Sub Task 1.9- Task Force Meet with the Task Force to define "preferred program" for City Park and
Meeting#2-Needs Assessment Sports Park.
• Solicit input on needs assessment as well as new recreational trends
• Identify areas of agreement on needs and priorities, as well as areas
requiring further refinement
PRODUCTS:
• Existing Facilities Update
• Needs Assessment
• Site Opportunities and Constraints
• Overall Goals and Objectives
• City and Sports Park Programs
• Task Force Meeting Materials
TASK 2-ALTERNATIVE The objective of this task is to work with City Staff, Task Force and community
DEVELOPMENT to explore various alternative designs for the park and ident j ' a direction
which best meets the range of public needs.
Exhibit A
Page2of5
t..
Sub Task 2.1 -Task Force Prepare slides and exhibits of potential park amenities and themes to stimulate
Meeting#3-Character of Park discussion regarding park character and design components. At the meeting:
"Visual Preferences" • Review image with Task Force to define a preferred"visual character" for
the City Park
• Review format for community meeting
• Develop evaluation criteria for revisions to park design
Sub Task 2.2-Community Assist the City Staff in preparation for community "vision generating"
Workshop#1 workshop;prepare graphic/flyer. At the workshop:
• Review needs assessment(proposed City Park and Sports Park use)
• Discuss site opportunities and constraints of City Park
• Use slide imagery of other park facilities to stimulate discussion of desired
amenities and visual preferences
• Refine evaluation criteria for revisions to park design
Sub Task 2.3-Staff/Agency Meet with Staff and various agencies as appropriate to obtain input on
Coordination standards and design criteria to be used in the design process.
Sub Task 2.4-Alternative Prepare 3-4 alternative layout plans illustrating the relationship of various park
Development components. Plans will look at functional relationship and the character of the
park components.
Sub Task 2.5-Task Force Meet with Task Force to review conceptual plans.
Meeting#4-Alternative Break into sub-groups and manipulate models to refine/develop additional
- Review
alternatives.
As a group, identify three alternatives for further refinement.
Sub Task 2.6-Testing of Based on Task Force'input the Consultant Team will analyze the preferred
Alternatives alternatives looking at such issues as:
• Construction and maintenance costs
• Consistency with program and design goals
• Functional relationships
• Phasing
Meet with City Staff to review alternatives and evaluation matrix.
Sub Task 2.7-Community Facilitate second community workshop to identify preferred alternative.
Workshop #2-Evaluation of
Alternatives
PRODUCTS:
• Visual Preference Images
• Workshop Materials
• Task Force Meeting Materials
• Alternative Layout Plans
• Evaluation Matrix
• Preferred Alternative Plan
Exhibit A
Page 3 of 5
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TASK 3-MASTER PLAN The objective of this task is to work with City Staff and Task Force to refine
PREPARATION community input into a final master plan.
Sub Task 3.1-Master Plan The Consultant Team will prepare illustrative detailed sketches of special
Component Refinement components " of the park plan and develop specific recommendations
(character, sizes,materials.as appropriated). These areas may include:
• Field complex
• Water component
• Central plaza
• Amphitheater
• Entry
• Promenade
• Street edge
Sub Task 3.2-Conceptual The Consultant Team will Iook at overall site infrastructure, grading and
Grading and Utility Design drainage issues, including impacts of off-site phasing.
Sub Task 3.3-Landscape The Consultant Team will prepare diagrams illustrating concepts for:
Concept Plans • Site circulation and parking-auto,pedestrian and maintenance
• Lighting-patterns and character of fixtures
• Planting concepts
• Thematic site elements
Sub Task 3.4-Architectural The Consultant Team will prepare schematic footprints illustrating
Concepts architectural program for various uses identified for the City Park.
Sub Task 3.5-Phasing Plan The Consultant Team will develop alternative phasing plans, evaluating the
pro's and con's for each approach.
Sub Task 3.6-Preliminary The Consultant Team will prepare cost estimates for overall park and phasing
Opinion of Probable Cost increments.
Sub Task 3.7-Task Force The Consultant Team will meet with the Task Force to review various plans
Meeting#5-Master Plan and materials and to collect input.
Refinement
PRODUCTS:
• Task Force and City Staff Meeting Materials
• Landscape Plans
• Phasing Plan
• Cost Estimate
• Architectural Footprints
• Master Plan Study Documents
• Infrastructure Concept
TASK 4-DOCUMENT The objective of this task is to consolidate and summarize the plan into a
PREPARATION preliminary report for review with City Staff and Task Force. •
Exhibit A
P
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age 4 of 5
7.
Sub Task 4.1 -Administrative The Consultant Team will prepare a draft report for review by City Staff. The
Draft Master Plan outline for the document may include:
• Background and Analysis- Summary of needs assessment, site constrains,
and public input process.
• Goals and Objectives-Proposed park uses and character.
• Master Plan - Overall design criteria and recommendations including
infrastructure,circulation, etc.
• Park Components -Discussion of special use areas, building program and
other key features of the plan.
• Jmplementation Strategies - Discussion of phasing, opinion of probably
costs, and other implementation issues.
Sub Task 4.2-Task Force Conduct work sessions with Task Force to review report. Consolidate
Meeting#6-Administrative findings and concepts into a preliminary report for review by Staff and
Draft Master Plan Committee.
Sub Task 4.3-Draft Master With the use of slides, large scale plans and other visual aides, present the
Plan Draft Master Plan contents to Parks and Community Services Commission (1
meeting) and City Council (1 meeting).
Sub Task 4.4-Final Master Revise final draft following City review. Submit a camera-ready copy of City
Plan Park Master Plan to City. Assist the City in coordination and reproduction.
PRODUCTS:
• Task Force Meeting Materials
• Administrative Draft Master Plan(50 copies)
• Draft Master Plan(50 copies)
• Final Master Plan(Camera Ready)
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Exhibit A
Page S of 5
EXHIBIT B
PAYMENT SCHEDULE
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A. CITY shall pay CONSULTANT an amount not to exceed the total sum of Eighty Thousand
Dollars and no cents ($80,000.00) for services to be performed pursuant to this agreement.
CONSULTANT shall submit invoices,not more often than once per month, based upon the work
completed on each task identified in EXHIBIT A "Scope of Work".
B. The corresponding not to exceed fee for tasks numbered 1, 2, 3, and 4 shall be as follows:
Task 1 -Program Development $14,850
Task 2-Alternative Development $21,100
Task 3 -Master Plan Preparation $28,350
Task 4-Document Preparation $15,700
C. City shall retain 10% of all billings for each task, until the City has determined that the scope of
services pursuant to this Agreement have been satisfactorily performed.
D. The total sum stated in Section A above, shall be the total which the CITY shall pay for the
services to be rendered by CONSULTANT pursuant to this Agreement. CITY shall not pay any
additional sum for any expense or cost whatsoever incurred by CONSULTANT in rendering
services pursuant to this Agreement. -
E. CITY shall make no payment for any extra, further or additional service pursuant to this
Agreement unless such extra service and the price therefor is agreed to in a written Change Order
executed by the City Manager, or other designated official of the CITY,authorized to obligate
CITY thereto. Said Change Order shall be executed prior to the time such extra service is
rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial
Contract price stated in Section A. In the event the Change Order exceeds this limitation, City
Council approval shall be required.
F. The services to be provided under this Agreement may be terminated without cause at any point
in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the
CONSULTANT for all outstanding costs incurred as of the date of written notice thereof and
shall terminate this Agreement. CONSULTANT shall maintain adequate logs and timesheets in
order to verify costs incurred to date.
G. The CONSULTANT is not authorized to perform any services or incur any costs whatsoever
under the terms of this Agreement until receipt of a fully executed copy of this Agreement.
Exhibit B
Page I of I
EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may
be reasonably necessary for Consultant's use while consulting with City employees and reviewing
records and the information in possession of City. The location, quantity, and time of furnishing said
physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish
any facility which may involve incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction
facilities.
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Exhibit C
Page 1 of I
/0 ` .
• EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant
shall be an independent Consultant and shall not be an employee of City. City shall have the right to
control Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally required for
Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall,
at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals which are legally required for Consultant to practice his profession.
3. TIME. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations
pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the work hereunder by the Consultant, his agents, representatives,
employees or Subconsultants. The cost of such insurance shall be included in the Consultant's bid.
(a) Minimum Scope 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 of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000
per accident.
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall reduce or
Exhibit D
Page I of 3
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
(d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
1. General Liability and Automobile Liability Coverages.
a. The City, its officers, officials, employees and volunteers are to be covered
as additional insured as respects: liability arising out of activities performed by or on behalf of the
Consultant; products and completed operations of the Consultant, premises owned, occupied or used by
the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations the scope of the protection afforded to the City, its officers, officials,
employees and volunteers.
b. The Consultant's insurance coverage shall be primary insurance as respects
the.City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and
shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Worker's Compensation and Employees Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work performed by the Consultant
for the City.
3. Professional Liability.
Consultant shall carry professional liability insurance in an amount deemed by the
- _ City to adequately protect the Consultant against liability caused by negligent acts, errors or omissions
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 (3 0) days' prior written notice by certified mail, return receipt requested,-has been
given to the City.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VII.
(f) Verification of Coverage. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause.- The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements are to be received and approved by the City
before work commences. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
(g) Subconsultants. Consultant shall include all Subconsultants as insured under its policies
or shall furnish separate certificates and endorsements for each Subconsultant. All coverages for
Subconsultants shall be subject to all of the requirements stated herein.
(h) The Risk Manager of City may approve a variation in those insurance requirements upon
a determination that the coverages, scope, limits and forms of such insurance are either not commercially
available or that the City's interests are otherwise fully protected.
Erhibit D
Page 2 of 3
5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any' capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
6. ASSIGNMENT PROHIB TED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant
to this Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the 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 of the
profession in which Consultant is engaged in the geographical area in which Consultant practices his
profession. All instruments of service of whatsoever nature
which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first
class and workmanlike manner and conform to the standards of quality normally observed by a person
practicing in Consultant's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall
indemnify 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) and damages to the
extent caused by 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 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 use its best professional efforts to
comply with-all applicable rules and regulations to which City is bound by the terms of such fiscal
assistance program.
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11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs,
memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement
shall become the property of the City upon completion of the work to be performed hereunder or upon
termination of the Agreement.
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Exhibit D
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