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Home My WebLink About4.14 AgrmntRedwll&RolloAGENDA STATEMENT CITY COUNCIL MEETING DATE: August 4, 1998 SUBJECT: EXHIBITS ATTACHED RECOMMENDATION: q�/ Agreement with Treadwell and Rollo, Inc., to Perform a Modified Phase I Hazardous Materials Study for Emerald Glen Park Report Prepared by: Lee S. Thompson, Public Works Director 1) Resolution 2) Agreement 3) Budget Change Form 1) Adopt Resolution approving the Agreement with Treadwell and Rollo, Inc., for a modified Phase I Hazardous Materials Analysis 2) Approve Budget Change in the amount of $17,000 FINANCIAL STATEMENT: The Study undertaken for hazardous materials within this site will greatly reduce the City's liability for the possible removal of hazardous materials in the future. The cost of the Study, not to exceed $17,000, will be paid from the Facilities Impact Fees for Eastern Dublin. DESCRIPTION: The City is presently negotiating with the Alameda County Surplus Property Authority to acquire 30 acres of the future 50-acre Emerald Glen Park in Eastern Dublin. This site is bounded on the north by Gleason Drive, on the east by Tassajara Road, on the south by Central Parkway, and on the west by Tassajara Creek. In order for the City to accept the site from Alameda County, it is a condition that the site be delivered free of known hazardous materials. It is proposed that the City undertake a Study to determine if there are, in fact, any hazardous materials on this site. At this time, Staff is recommending that a Phase I Study be performed to investigate existing historical literature concerning the site, determine if any physical testing is necessary, and if so, recommend the type of testing to be performed. A Phase II Study would perform the actual testing and, if any problems are found, a Phase III Study would then monitor the removal by Alameda County of any hazardous materials. Treadwell and Rollo, Inc., is an environmental and geotechnical consulting firm with a specialty in performing hazardous materials studies. Staff recommends that the City Council adopt the Resolution Approving the Agreement with Treadwell and Rollo, Inc., for a modified Phase I Study. ------------------------------------------------------------------- COPIES TO: Treadwell and Rollo, Inc. g Aenr\ro11o\agstT&R. doc ITEM NO. __ A"4 __ __~2=:~.~c¥--:~_:~~~;:?~-=~~~·::~:~2-~~~_:~.~:~~:"~~~~-:~~:;~~~::_: .'~ ?"':~:~:"::.d~~~~~;"~:ji22~;:,-: ~~.. ';;;2/~, ~_::.~~~-:.;:,,~~=~.::~=::~--~--~;_. 417 RESOLUTION NO. - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH TREADWELL AND ROLLO, INC. FOR CONSULTING SERVICES WHEREAS, the City of Dublin is in the process of acquiring 30 acres of the future 50-acre 'Emerald Glen Park site in Eastern Dublin from the Alameda County Surplus Property Authority; and WHEREAS, a condition for the City to accept said 30 acres from Alameda County is that the site be clean 1Tom a hazardous materials standpoint; and WHEREAS, the City of Dublin proposes to undertake a modified Phase I Hazardous Materials Study to investigate existing historical literature concerning the site and make recommendations for further testing; and WHEREAS, the City wishes to utilize the services of Treadwell and Rollo, Inc., a firm specializing in hazardous materials studies, to perform the Phase I Study, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement with Treadwell and Rollo, Inc., to perform a Phase I Hazardous Materials Study. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 4th day of August, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor A TrEST: City Clerk g:\engr\rollo\resoT &R.doc ~.',"'~!!"r ~~.ë~.!9.T- ~~ V ;1~~;~ '.\Ft, a [J' {..~'.. .~,-~ 1: ~-.'~'. r- ~ ~~ ~~ ~{fl! .,;,,--::~~ ~~~¡Z It - ~:~7~;~~~~-2.~~~~~~~~~~:~~~0;:::~;:~!~7~:.~}g~~~7:~;r~f'j.~~Z7" - -- .-. ~--- ----=-,~~..;.-.-:~",.~.:;-~~:-.~~:;:~-.-~~~,~--~::--:- ~"---~:: ,~---:,~ - -- ~~'~--~>-_-::_:~.:;::.:+:-~-----~-'--::-'-"~--"--'--~~ :--".-'-- --- -. : ~.. .-- ;,~' -:---~:-~:.;;~:-:.-;-,,- ~._... ...,-:-"- ~~..-" ~ ~ L5 STANDARD CONSUL TING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of , 1998, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and TREADWELL AND ROLLO, INe., a California corporation ("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 e. 4. GENERAL PROVISIONS. The general provisions set forth in ~xhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. .~ 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the "'- Agreement Page 1 of2 07/29/98 s':r~(r)~~T [' k;"" ." .. < 0"," ~ ~ ~_ !i:---<:- ;;-::_" .'-~ ,_-~,-:.~ ~ ~~è- ~~\... ~~....~; ~ rJ z.. - - ~...--==';-;-:-~.--~~~~:;::;;=-i;::-;..~i;~ -;~~~:':~:~~~==;'-;¡;.;;~~.o.:~,~~~~s.~;-~:";::..--;~:.~~.:"' - -- -,-,. ~ -' - - - ,'~ ~~:c~.~~c:-:'"f-;2~~~~~Ê:~': - -- ------ jifl5 project team without prior written approval by the City. The Project Manager for Consultant shall be Frank L. Rollo. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his or designee. 10. NOTICES. Any written notice to Consultant shall be sent to: Frank L. Rollo Treadwell and Roll, Inc. 555 Montgomery Street, Suite 1300 San Francisco, CA 94111 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk By v "Consultant" Approved as to form: City Attorney '- Agreement Page 2 of2 07/29/98 ..,:'"¡ .;~ ~-. '- ...'-- .--;.'.......-....-""._~¿.-..:;...:..-~..:._.....: -;--"" '.~:.~ -- ....; - -.., + .-. -~~~-~...~..... ~~~:~-~.:_~.:-.-.;~~.--,.::. ~. - :.;~-~:-' .~~~~.~":--- EXHIBIT A ~~-:,.:,~. -~~_.-.~~~~~+ SCOPE OF SERVICES AND SCHEDULE - --- ., - -. . . :,,__._ _. ~-..., -:::. .-:=-----------..-..---- ________ ----------.- -=-r---- ,..:.-----~- ~~:"'-.,...- ·:-;.l---.;;"....~:::.:;;.:Tr.::.:;¡=-· -- ~-~..--;.~;........:. :.;~~. -~::::,.. C--._...._ if " )5 PER A IT ACHED PROPOSAL DATED JULY 29, 1998 FROM TREADWELL AND ROLLO, INe. (A IT ACHED). Exhibit A Page 1 of 1 07/29/98 -. v ..'>~~"~~~+~~f-~~:~~~~~~2~~0~~~~~;~~~5;-~~~~~f£~_~~iIf~tf~\~1:~!?22~-;~:'~~~:~~~'-=:t~:c,._~-.. 5 ~ ) 5 -- frea(Mell&RoIlo 29 July 1998 Mr. Lee Thompson Public Works Director City of Dublin P.O. Box 2340 100 Civic Plaza Dubl~ California 94568 Subject: Proposal for Modified Phase I Environmental Site Assessment Emerald Glen Park San Francisco, California Dear Mr. Thompson: Treadwell & Rollo, Inc. is pleased to present this proposal to the to perform a phase I Environmental Site Assessment (ESA) including review of readily available reportS and documents for the site at the offices of Alameda County General Services. We understand you require a Phase I ESA and a review of work previously conducted at the site fat environmental due diligence related to acquirit¡g the 50-acre property from the Alameda County Surplus Authority for redevelopment as the Emerald Glen Park. Based on your 28 July 1998 letter, a portion offue site was previously owned by the Army and contained a hospital during World War II. The hospital was demolisbed follov...:ing the removal of hazardous matèrials. Contractors working in the general area near the site have recently uncovered asbestos-containing materials associated with steam lines. Treadwell & Rollo contacted Mr. Rod Freitag of the Alameda County General Serivces Agency Technical Services Department regarding the availability of phase I, II, and ill site documents. Mr. Freitag indicated that the Phase I conducted by the County consisted of a visual site inspection with no historic site information or agency file review. He stated that the infonnation available in county files for review includes the following. · An hhtorie military map for the area · A tank cloSUl'e report for the former hospital Boiler Room fuel tanks · .A.n asbestos abatement and disposal report for the hospital building demolition - · DoclJIDentation for dispo$al of additional materials identified during the Phase I visual site inspection · Tank remowll and closure reports for other sites in the vicinity TreBdWl!I1I & Rollo, Inc. Envlronmema¡ & Geotechnical Consu/¡ants 555 MontgDmery Street. Suite 1300. $OIn FranciSCO. C~ 94111 TelephDne (415) 955-9040 Facsimlle (415) 955-9041 oJ-'~ ..., ---,- --_ ....~- :~-c:'"';:,;J;;!':-¥~2:'-~....:-i¡;J"ª~~:.~~ff~~~~±~:?~,.' 1fea[MeI1&RoI1o Mr. Lee Thompson 29 July 1998 Page 2 of4 Mr. Freitag did not believe that any phase II or III site assessment reports have been completed. He alBo indicated that these materials would have to be reviewed at the County offices and that copies ~u1d not be made availabl~. Based on the available information, Treadwell & Rollo proposes to complete a modified Phase I ESA for the þite including a review Alameda County Office of General Services file documentation. The ESA will be perfonned following the general guidelines outlined in the American Society for Testing and Material (ASTM) "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessme:Q.t Process" (Standard Designation E 1527- 97), published June 1997. In addition, Treadwell & Rollo will provide third~party review of existing Alameda County reports and files pertaining to the site with the objective of discerning whether additional sampling and investigation is warranted. PURPOSE A.1\ID SCOPE OF SERVICES The purpose of the ESA will be to provide data on p~t and present land use practices, site conditions, and nearby offsite land uses to evaluate the potential presence of hazardous substances and the potential for soil and/or groundwater contamination at the site. The scope of services mil consist of: · Reviewing documents and maps regarding local geologic and hydrogeologic conditions · Reviewing readily available historical aerial photographs, historical maps (Sanborn Fire Insurance Maps), and/or United States Geological Survey (USGS) historical topographic maps for the site · Performing a reconnaissance survey of the site and the area within a l/4-mile radius of the site, as accessible, to visually ob~erve existing site and area conditions that could readily cause site soil and/or groundwater contamination -, · Reviewmg local, state, and federal records provided by a search. firm, of government databases pertinent to Phase I ESAs · Conducting inquires by telephone, visit, and lor 'Written correspondence to the follo\ving regulatory agencies, as necessary, regarding building or environmental permits, environmental violations, incidents and/or status of enforcement actions-at the site California Regional Water Quality Control Board City of Dublin Fire Department AlameCÎà County Department of Public Health ¿~î-~?-;;~;~Z2~z:~~~~~t~~~~~:~~~~~~:~j·;~-DL:··'·~·~~·'~.-..~,.".... 71 )5 1'fea[MeI1&RoI1o Mr. Lee Thompson 29 July 1998 Page 3 of4 · Conducting interviews of individuals that currently or pre-viously worked at the site, as availabel and appropriate, regarding the presencie, storage, and use of hazadous materials · Conducting third-party review of existing Alameda Coúnty General Services Agency reports and files regarding the site · Preparing a draft report for your review and twø copies of a final report for the site documenting the research performed, indicating the potential for soil and/or groundwater contaT11;mrtio~ and including recommendation regarding the need for conducting additional sampling at the site Our scope of services does not include collecting buildiIn.g soil, surface -water, or groundwater samples for analytical laboratory testing. SCHEDULE AND ESTIMATED CHARGES Tr-...aL1well & Rollo is prepared to begin this investigatiOn upon authorization from the City of Dublin. We estimate the services described above 'Will require 30 days to complete (issuance of the final report). This anticipated scbedule is dependeÍ1t on the availability of, and access to, agency and county files, though no delays are anticipated at this time. Treadwell & Rollo will complete the scope of services on a time and materials basis for a fee range of $12,000 to $17,000, in accordßnce with our 1~98 Schedule of Charges. Fees for a typical Phase I ESA generally range between $5,000 tø $7,000. We anticipate the level of effort for this site to be beyond a typical Phase I ESA·based on the following rationale: 1) the need to review and summarize the contents of Alameda CounW General.Services Agency files regarding the site; 2) previous rollitary ownership of the site; 3) the potential need to interview numerous individU2l.s regarding previous site use and cleanup activities; and 4) the presence of asbestos in the general area of the site. Pe~onnel assigned to this project include: Title~ PrincipalfConsultant Senior Project Hydrogeologist! Project Manager Project Geologist Staff Engineer Name: Philip Smith llilte: $165.00 per hour Dorinda Shipman Margaret Dahlen Alicia ~drews $115.00 per hour $100.00 per.hour $80.00 per hour .... :3;'·~"b·~¥~)::±¡84'~~J??t~r.~i~~~~~~~i¥~1~~~};:"=:~~~~{~~~:..·=~··..'"'~:=~-Ei*~it~~~~:~~~~~'¿'~~:;' 7 qf /5 ~-._. 1'rearMeI1&RoUo Mr. L~ Thompson 29 July 1998 Page 4 of 4 We have reviewed your generic Consultant Agreement provided on 28 July 1998. Treadwell & Rollo have the insurance required per Exhibit D of your agreement Our insurance company is currently reviewing the liability lanIDlage of the Agreement. We appreciate the opportunity to p~esent this proposal. If you have any qU,estions, please call. Sincerely yours, TREAD\VELL & ROLLO, ~ , Dormda Shipman, R Project Manager v ... -¥"~-i"f-"0~'~~~~ff;':i~~7::::~~:Hz:~'-~~~~~~~~:==S~~~-::~~~~~;.:ët~~S~··, 7' 1:f /5 EXIllBIT B PAYMENT SCHEDULE City shall pay Consultant on a time-and-materials basis to an amount not to exceed the total sum of SEVENTEEN THOUSAND DOLLARS AND NO CENTS ($17,000.00) for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end ofproject based on the cost for services performed in accordance with the proposal cost estimate of July 29, 1998. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfInished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of.a fully executed Purchase Order from the Finance Department of the City of Dublin. v ... Exhibit B Page 1 of 1 07/29/98 ~:~~~~~~+!~~~~~~~~~?~~~~~~'=~7~~:::~?:~:~Z~~~~O -- - - ,-, .-,- /¿5 t¡/./5 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the infonnation 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 07/29/98 - -~::><...';.:". ~"~,=~""'~~C, _~...;;.:=- o"'-·':~::~;;;:'4-S:¿;~ ~ --~:.z-=--::::;.,;::::->:¡:;:~-- ;,;_ .-~~ ~ "-: -_.~_.=~~;-~~:-:=-:.~=-::::-; :.~".t- ~-~~.:."---~~;-':;;;"~---- -~-~~~~~~. II qf ) 5 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term ofthis Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's engineering ~ervices 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 1Tom or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope ofInsurance. 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 nwnber 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 nwnber CA 000 I (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Çode of the State of California and Employers Liability Insurance. '- Exhibit D Page 1 of 5 07/29/98 ~,--" ""'-~, ':t' ~~-_ ,_<~..;:'-"_F ,-- '- ...~-=~~:- :>~~;:~:g~~--'-~:;~::~ ~~~,~~~::~~¿~~~?~;~~~;j~-':~-~~~~0;:~~~~~~c;~~:r~~;~¿;;f~iŠÝ~~-Si~5~;:i;-;;~~·' J), .~ /5 0J B. Minimum Limits ofInsurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability:· $1,000,000 combined single lmut 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. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities perfonned 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 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) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising 1Tom work performed by the Consultant for the City. '- Exhibit D Page 2of5 07/29/98 ~~~~=g~~~~~~~~~~~~#.~~~~~~~~~~~Ji¿~~~~ifj~~:~?~~~~~ --::·........:O--;~~...,-;r~-+:~.~--· -_-_ -":": ~--__..t-~~~__;<.___--';:-;.o:..:-:~:- ';;""';'; /3 ~ /5 (3) Professional Liability. Consultant shall carry professional liability insurance at limit of liability of no less than $1,000,000 and with a deductible no greater than $80,000 per claim to protect 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 canceled by either party except after thirty (30) days prior written notice has been given to the City, except for cancellation for nonpayment of premium, in which case the notice period shall be ten (10) days. D. Acceptability ofInsurers. Insurance is to be placed with insurers with a Bests' rating of no less than A.(V). E. 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. F. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONSUL T ANT 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 PROHIBITED. No party to this Agreement may assign any right or obligation -pursuant to this Agreement. Any attempted or purportedvassignment 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 ofthis Agreement, desires the removal of any such persons, Consultant shall, immEdiately upon receiving notice 1Tom 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 '- Exhibit D Page 3 of5 07/29/98 -...,-,-----_........~ - ~.- /1/ l' /5 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 take all responsibility for the work, shall bear all losses and damage~ directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, on account,ofthe negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes, but only to the extent caused by the negligence of the Consultant or of his sub consultant. Consultant shall indemnify and hold harmless the City, its officers, officials, directors and employees 1Tom and against loss, liability, expense, costs (including reasonable 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 1Taud, willful injury or violation of law whether willful or negligent. 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. 1 O. GOVERNMENTAL REGULA TrONS. To the extent that this Agreement may be funded by fiscal assistance 1Tom another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the tenns of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public RecordsAct), distribute, and otherwise use, - copyright or patent, in whole or in part, any such report;, studies, data, statistics, forms or other materials or properties produced under this Agreement. "- Exhibit D Page 4 of 5 07/29/98 ,,;~~:?~~;;~~~~m~~~~~"?';êOo:i~'i~ BUDGET CHANGE FORM CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity _X_From New Revenues Between Departtnents (City Council Approval Required) _ ,Other ))))niCREjSlj::jutiGÊifAÚêõœæ????:r/r/iXMòì'ìNX?:::()f::{)ff:mcfdlASEHätU'iömfWêboûNljffIfII::::i\ÁMtJtlNìfI:::Ii ..,-. ....... . . . ...... . . ........ Name: Name: Emerald Glen Park $ 17,000 Account #: Account #: 310-9560-740-077 Name: Name: Account #: Account #: Name: Name: Account #: Account #: ~City Manager: Date: Signature REASON FOR BUDGET CHANGE ENTRY: In acquiring the property for Emerald Glen Park, the City wants to receive the property clean of hazardous materials. A Phase I Hazardous Materials Study will provide a search of historical literature and, if found necessary, recommend further soils testing. Mayor: Date: Signature Posted By: Date: Signature g:mg'rollolbudgchng ~X~~~~~1 3____