HomeMy WebLinkAbout077-90RESOLUTION NO.
77-90
A Resolution of the Town Council of the Town of Danville approving
changes to Mel Lee Associates Landscape Design Agreement.
WHEREAS, Mel Lee Associates is the Landscape Architect for the
Tassajara Ranch Assessment District; and
WHEREAS, on March 31, 1988, by Resolution No.
Council of the Town of Danville created the
Assessment District; and
29-88 the Town
Tassajara Ranch
WHEREAS, the purpose of such District is to provide, among other
things, for the installation of landscaping on Camino Tassajara,
Crow Canyon Road, and collector streets within the new housing
subdivisions included in the Assessment District; and
WHEREAS, the Town of Danville has the responsibility to install
such landscape improvements, and desires to engage the services of
a landscape design consultant to prepare plans, specifications, and
cost estimates for said landscape improvements; and
WHEREAS, the landscape design firm of Melvin Lee Associates, Inc.,
is uniquely qualified by training and experience to provide design
services in connection with such landscaping work; and
WHEREAS, such firm has presented the Town with a proposed Agreement
setting forth the terms and conditions under which it proposes to
provide such services; and
WHEREAS, additional design and changes to design have been added
to the contract; now, therefore,
BE IT RESOLVED, by the Town Council of the Town of Danville that
Mel Lee Associates' contract shall be increased to $ 28,857.50; and
be it
FURTHER RESOLVED, the Town Council hereby appropriates $5,200.00
from the TRAD Design Contingency Fund for the increase to Mel Lee's
landscaping design contract and design contingency.
APPROVED by the Danville Town Council at a Regular Meeting on April
17, 1990 by the following vote:
AYES:
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
MAYOR
ATTEST:
APPROVED AS TO FORM:
CiTY AT ORNE ' YY
ITEM
4 P
ADMINISTRATIVE STAFF REPORT
TO:
Mayor and Town Council
August 7, 1989
SUBJECT: TRAD - Approval of Landscape Architect's Agreement
This report recommends that the Town Council adopt a resolution
authorizing the execution of an agreement with Melvin Lee
Associates, Inc., for providing landscape design services for the
Tassajara Ranch Assessment District street projects.
Backaround
Melvin Lee Associates, working for the prior owners of the
Tassajara Ranch (Presley Company), had prepared the base drawings
for the landscaping of Camino Tassajara, Crow Canyon Road, and
internal subdivision collector streets. After formation of the
TRAD, the Town took on the responsibility of building the public
improvements required of the developers, including landscaping.
Given their background and previous efforts on this project, the
firm of Melvin Lee Associates was the natural choice to see these
efforts carried through to completion.
Recommendation
It is recommended that Town Council adopt a resolution authorizing
the Town Manager to execute an agreement with the firm of Melvin
Lee Associates for the completion of the design of TRAD-related
landscaping improvements at a total cost not to exceed $18,200.
Fiscal ImDact
None. All costs are covered by proceeds of the TRAD bond sale.
Cost overruns, which at this time, are not anticipated, are covered
by separate guarantees provided to the Town by the developers of
Tassajara Ranch.
Prepared by:
Steven C. Lake
CityEngineer
Attachments:
Resolution
Agreement
t
r
RESOLUTION NO. 115-89
APPROVING LANDSCAPE DESIGN SERVICES AGREEMENT WITH
MELVIN LEE ASSOCIATES, INC. REGARDING SERVICES IN
CONNECTION WITH TASSAJARA RANCH ASSESSMENT DISTRICT
WHEREAS, on March 31, 1988, by Resolution No.
Council of the Town of Danville created the
Assessment District; and
29-88 the Town
Tassajara Ranch
WHEREAS, the purpose of such District is to provide, among other
things, for the installation of landscaping on Camino Tassajara,
CrowCanyon Road, and collector streets within the new housing
subdivisions included in the Assessment District; and
WHEREAS, the Town of Danville has the responsibility to install
such landscape improvements, and desires to engage the services of
a landscape design consultant to prepare plans, specifications, and
cost estimates for said landscape improvements; and
WHEREAS, the landscape design firm of Melvin Lee Associates, Inc.,
is uniquely qualified by training and experience to provide design
services in connection with such landscaping work; and
WHEREAS, such firmhas presented the Town with a proposed Agreement
setting forth the terms and conditions under which it proposes to
provide such services; now, therefore,
BE IT RESOLVED by the Town Council of the Town of Danville, that
the Mayor be, and hereby is authorized to execute, on behalf of the
~own, the Agreement for Professional Consulting Services with
Melvin Lee Associates, Inc., in the form as lodged with the City
Clerk, together with such changes as may hereafter become
necessary, provided such changes do not materially increase the
obligation of the Town thereunder.
PASSED, APPROVED AND ADOPTED this 7~hday of
by the following vote:
Al~gus~ , 1 qRq,
AYES;
NOES:
GREENBERG, RITCHEY, SCHLENDORF
NONE
ABSTAIN: NONE
ABSENT: JAGGER, LANE
MAYOR
ATTR~Tt
CI'
APPROVED AS m~ FOPM:
r AuI'I I Ut~'4 ur L;r',II'4V i LLI'-
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1--15-- ~.U-'
.
T0~ OF DAHVILL8
'AmU~qT FOR
PROFESSIONAL COHSULTING SERVICES*
,; ~ . t
Ld/ (,con, ult t-) ,.he of
Danville (#To~n"), a municipal corporation.
This Agreement is predicated on the following facts: .,.
_ftvDe .of service)
(proJect description)
2. Consultant is qualified to provide these services and is
willing to provide them according to the terms of this
Agreement.
NOW, THEReFORe, the part/es agree as follows:
1.. Duties of C~nsl~taRt
az Consultant agrees to perform services in conformance
~Aiththe scope of work attached an~ incorporated as Exhibit
". Consultant agrees to diligently perform these services in
accordance with the standards of its profession and to Town's
satisfaction.
b. In addition to the services described above, the
parties may from time to time agree in writing that Consultant,
for additional compensation, shall perform additional services
/ncluding but not limited to: (See Exhibit B)
(1) changes in the services because of changes in
the project;
(2) additional studies or modifications cf
existing documents because of changes in requirements of
any governmental authorityvith ~ur£sdiction over t~he
project.
· t
2. eonsultant's Status
Consultant is an independent contractor and ks solely
responsible for its actsor omissions. Consultant (including
~ts agents, servants and employees) is not Town's agent,
employee or representative for any purpose.
Consulting Services Agreement Page I of 6
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*~, , I%.~.dq , I,.d,~l k.~ ~ !%.~tL.k.l-- I--.k,.~," [". k~l~,
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~e
~o~fltCt of Tnterest
Consultant understands that fts professional responsibility is
solely to Town. Consultant warrants tha~ it presently has no
~nterest and will not acquire any direct or indirect interest
that would conflict wi~h its performance of l~is Agreemen:.
Consultant shall Rot ~n~he performance o£~isAgresaentonploy
&person having such an /riterest.
Consultant and its agents or ,~ployees workfngunderthis.
Agreement shall submit statements of economic interest under the
PollCica1 deform Act (Government Code Section 81000 et seq.) if
requested to do so by the Town.
·
e
~n~Densation
a.._T~%m agrees to pay Consultant for services not to
exceed $/~./~6~,~7~ . Actual charges shall be based upon (1)
Consultant's standard hourly rates for various ¢lassificatfons
o£personnel and (2) all fees, salaries, and ~xpenses to be paid
tO other engineers, consultants, independent contractors, or
agents e~ployed by Consultant. A copy of these hourly rates and
expenses is attaches as Zxhibit mc".
b. Payments to Consultant for services rendered in
accordance with the foregoing schedule shall be based upon
submission Of monthly statements itemizing the work. These
statements shall ite~fze all chargees including specific tasks,
hours spent by individual position classifications ~er task,
ionthly totals, and running totals.
c. The paroles shall agree fnwriting to any changes in
compensation due to changes An Consultant's ~ervices under
paragraph I (hi above.
d. Consultant agrees to testify at Town's request if
litigation is brought against Town in oon~eotion with
Consulta~t's services. Unless the action ks brought by
Consultant or ks ba~ed upon Consultant'awrongdoing, Town will
~o~pensate Consultant for the testimony at Cons~ltant's ~tandard
hourly rate /n Exhibit B.
~t~e 9fPerformance
Consultant shall be available to begin performance of services .
under t~his Agreement ~mediately upon execution of this
Agreement, and shall perform~uch ~ervioe diligently untfl ~he
work ks co~pletWd in accordance w~hExh~bi~ iD", or,is
Agreemen~ is Zsrminated.
{
Consulting Services Agreement Page 2 of 6
(
6. ' ?e~tn~t,~ on
Town may terminate this Agreement by giving 10 days written
notice to COnsultant describing Consultant's substantial failure
to meet its obligations.' On termination, Consultant shall give
Town all work done toward completion of £4 serviceS. Town
~ha11 pay Consultant an ~mount which bears the s~me ratio ~o the
~aximum con=fact price as the vork delivered to Town bears ~o
~he completed services under ~his Agrees.hr.
0
r~ner~n of Work
All documents furnished to Consultant byTow~and all reports
and supportive data prepared by Consultan~ under this Agreement
are Town's property and shall be given to Town at the completion
of Con;ultant's services. Town acknowledges that documents and *
sUppOrtive data prepared by Consul=ant have been prepared
exclusively for andare f~t exclusively for th& purposes
contemplated under this Agreement. If the Town~euses such
documents prepared by Consultant for purposes other than those
contem91ated undar thls Agreement without the written consent of
Consultant, the Town will hold harmless, ~ndemnify and defend
the Consultant, its agents, subconsultants and employees from
any and all claims arising out of such reuse.
8. ?,~t4aation
If either party brings an action to enforce this Agree=ent the
prevailing party is entitled to reasonable attorneys' fees and
costs.
A~s~anment; Sub¢on't~ac~s
Consultant's services are considered unique and personal.
Consultant will nct assign or transfer its interest or
obligation under thisAgreement without Town's%Tritten consent.
Consultant shall not s~boontract its duties tmder this Agreement
without Town'~ written consent.
10.
;nde~n! f~ cat;{on
CONSULTA~T'shell indemnify, defend and hold harmless the Town,
its officers, agents and employees from and agains~ any and all
claims, demands, liability, ~osta ~nd expenses including cour~
costs and counsel fees, arising out of the ~n~ury to or death of
any person or loss of or physics½ damage to any proper~y
r~sulting from Consultent's neglzgent acts, errors or omissions
~uring p~rform~noe under t him Agreement (lnuludingl~he
~e~fo~-mance of Con~ul~an~'~ i~b~ntra~ors, ~gen%~ ~
~mployees).
conzulting Garyices Agreement* Page 3 of 6
· '/,..,~' ~, .
, rm,~ 8u~I UF DF. tNUII T-132 P. 05
11. $n~prance
a. Re~,treaent. Consultant shall not begin york under
this Agreement until it obtains Insurance required under this
section and shall Maintain the required insurance during ~he
~e~ of this Agreement. The insurance shall cover consultant,
his agents, ~epresentatlves, employees and subcon=rectors in
connection with the performance of workunder this Agreemen=.
All insurance requirements shall appear either in the body of
the insurance policies or as endorsements. The insurance
required under subsactions 2 and 3 shall :specifically name Town
(emd its officers, agents and employees) as an eddi~lonal
/nsured.
1. Automo~,~le InsurAnce. Consultant aha11
maintain minimum coverages of (a) $100,000.00
for property damages, $500,000.00 injury to one
person/any one occurrence and $1,000,000.00 for
inju~ to ~ore than one person/any one
occurrence or (b) combined e~ngle limit of
~1,000,000.00 per occurrence, ~^' '"~'~ ~ ''
2. Work, rs' Comge~a~0n Insurance. Consultant
shall maintain vorker~' compensation insurance
for all Consultant's employeau.
·., ·
~, 3. ~bliC ?.lablinty'and Property Dn~n~ Insurance.
~. ' · 'Consultant shall take OUt. and maintain public
/~. . ~.. -- ' . lia~ity and proRq~J;y damage insurance and
/NW~Y ~FW/~lfl, shall?~-~=-- '~:':~[ts elective and appointive
I'l~~-~; I~/~'" damages for personal tn3ury, lnciuuing oea:n,
I_ as well as from claims for property'damage
vhiCh may arise from~on~ultant's operation~
under thi~ AgreementSwhether or not done by
Consultant or by any~he directly or indirectly
employed by Consultant. Such insurance shall
have a combined limi~ of not less than __.,.,
o
~r~'f~gr%al t~ab{lity_~urance, Consultant
shall'take out and maintain professional
liability in~urance to =over damages that may
beths result of errors, omissions or negligent
acta of Conaultant. Such ~naurance shall be in
an amoun~ of no~ lesstAan $ ~"~~ and
a deduct~blej~rovision of not more than
$ /5 c: J/ .
f
Consulting ~ervices Agreement Page 4 of 6
' b. ~v.{de~ce of TnsVrdt~ce. Consultant shall furnish
Town, concurrently with ~he execution of this Agreement,
satisfactory evidence of the insurance required and ~vidence
that each carrier(under section 12.a. R and 3)'has named the
Town as an additional ~nsured and is required to give Town at
least ten days prior notice of the cancellation or reduction in
coverage of any policy during the effective period of ~his
~greement.
12... F~qUal. ~kD1 oVmon~ Onportuntt¥ ,
Consultant ks an Equal O~portunity employer and agrees to comply
with applicable ragulation~ governing equal employment
opportunity. ..
13 .' l o i. eq " .... "
Any notice given under this Agreement shall be in writing and
deemed given when personally delivered or deposited in the Mail
(oertified or registered) addressed to the parl:ies as follows:
k
Town~anAger
Town of Danville
510 T~ Gonda WAy
Danville, CA 94526
14. Waivers
Consult.nt
phone n:t~_be r
Naiver of a breach or default under this Agreement ShAll not
constitute a continuing waiver or ~ waiver of a Bub~equent
breach of the same or any other provision of this Agreement.
~o ~aiver or ~odificAtion of this Agreement is ~alid unless ~ade
in Writing and signed by both parties.
16. ~ever~h~l~tv ·
If any ~erm of this Agreement is held invalid by a court of
competent Jurisdictlonthe remainderoft his Agreement shall
remain An effect.
17. Rnt{re Agreement
This Agreement mndits2xhibit (s) ~et ~orth~heentire
understanding between the parties.
Con=ul:fng Services Agreement'Page 5 of 6
/
]N HITNESS HHEREOF, the parties have executed this Agreement on
the latest date written below.
T__OW_N
Town o~ Danville '
~;~~~_
~;--~-~7 --/---
CONSULTANT
BY=
(Title)
Recommended for Approval
BY, r ___~~~__ ~_
Approved a§ to--m: )
~Town Attorney
...... DATE: _~~~'/~ Z__/9_~_ ;
Attachments:
Exhibit A - Scope of Hork
Exhibit B - Compensation Rate Schedule
6
d
PHASE 1:
PHASE 2:
PHASE 3:
EXHIBIT A
SCOPE OF SERVICES AND FEES
Tassajara Ranch Assessment District
Danville, California
for
City of Danville
DESIGN DEVELOPMENT PLANS
A*
Bo
Ce
Develop final studies and overall plan indicating areas of walkways bike
paths and other various amenities for city's review.,
Tree, shrub and ground cover groupings at frontages and medians with
their respective legends.
Conf'u'mation of elements prior to commencement of construction
documents.
CONSTRUCTION DO CUMENTS
A. Layout and construction plans.
B. Irrigation plans and details.
C. Planting plans and details.
D. Landscape construction details.
E.
F.
Phase I Fee: $ 2,000.00
Landscape opinion of probable cost of landscape installation.
Landscape technical specifications.
'~ " ' Phase' 2 Fee:' $15,000.00
LANDSCAPE CONSTRUCTION SITE/JOB OBSERVATION
DURING LANDSCAPE INSTALLATION
Administrative tasks and site observation during landscape installation.
Four (4) site Visits are included. Any additional site observation shall be
on an hourly basis at the city's request at our current prevailing rates at that
Phase 3 Fee: $ 1,200.00
:
EXHIBIT B
TASSAJARA RANCH ASSESSMENT DISTRICT
for
Town of Danville
ADDITIONAL SERVICES/REIMBURSABLE EXPENSES
Additional Services - All services beyond those specified in Exhibit A will be provided under an
hourly arrangement. The following shall be considered as additional services:
A*
Change orders, change order drawings, and related services will be provided upon specific
request by the Client.
B+
Any changes and revisions to the site plan or program requested by the Client, reviewing
public agencies, or other authorized parties, after the plans have been approved.
C*
Preparing studies, reports and/or drawings required because of revisions in the criteria or
project program making revisions to drawings, specifications or other documents when
such revisions are inconsistent with approvals or instructions previously given; or
performing services required to prepare alternate schemes for Client cons'~eration beyond
those prepared under the normal pursuit of a project of this nature.
D*
Preparing additional studies, reports or drawings and/or making modifications to the
existing documents due to changes of laws or codes by any governmental agency having
jurisdiction over the project.
Providing special analysis of Client needs not covered by this contract.
F*
Providing professional consultation concerning replacement of any work damaged by fire
or other cause during construction, and furnished professional services of the type set forth
in Scope of Services as may be required in connection with the replacement of such work.
G~
Providing professional services made necessary by the default of the contract or major
defects in the work of the contractor in performance of the construction contract.
H*
Providing assistance in the utilization of any equipment or system, or consultation during
operation.
I. Providing clerical services beyond those required by the scope of services.
J*
Providing services similar to those set forth herein above and not otherwise covered by the
contract.
K. Preparing studies, plans and/or sla~tches of Exhibit A work areL
t~
Preparing lighting plans and any other plans not specifically stated in Exhibit A Services of
the Landscape Architect.
(
Exhibit B - Page I
Reimbursable expenses over and above the basic services include the following:
A.
Soil agronomy, and other tests, surveying, geology, and related contractor work outside
scope of services shall be reimbursed at net cost plus 15% for coordination. Invoices shall
be provided to and payment made progressively by Client.
B. Fees paid for securing approval of authorities having jurisdiction over the project.
C. Perspectives and renderings prepareA upon Client's request.
D. Scale models for client use, prepared upon Client's request.
E. Other costs and expenses similar to those set forth above incurred at Client's request.
F,
Reimbursement for Client authorized travel and living expenses out of the San Francisco
bay area related to this Agreement, at cost.
G.
Reimbursement for authorized long distance telephone calls and facsimile communications
outside of 408,415 and 707 area codes required to complete this Agreement, at cost plus
fifteen percent (15%).
He
Reimbursement to outside consultants as required and authorized by the Client, at cost plus
fifteen percent (15%) administration cost.
I.
Blueprint services and copying services (for contract documents, drawings, specifications
and reports), at cost plus fifteen percent (15%).
J. Reimbursement for private automobile travel at 25 cents per mile.
K.
Reimbursement for all special delivery costs (Federal Express, Emory, etc.) at cost plus
fifteen percent (15%).
Delayed Services
A.
All hourly rates for services required and/or performed for this project one year after
Agreement is signed is subject to a maximum increase of 10% (ten percent) per annum.
Phases of work not commenced after one year from date of Agreement shall also be subject
to increase.
Standard Rates
Hourly rates of personnel:
Principal $ 85.00
Project designer or associate $ 65.00
Job Captain $ 60.00
Technical specialist $ 50.00
Senior staff $ 45.00
Junior staff $ 35.00
Clerical staff $ 28.00
Reimbursables
Printing and delivery expenses up to $800.00 maximum.
Exhibit B - Page 2
(4
Fee and
A.
B*
Payment Schedule
Fee payment request for time and material work, additional services, and other
reimbursable costs will be due and payable at the first of each month for items furnished
and work completed.
h is hereby agreed that failure by the Client to pay promptly all amounts due hereunder this
Agreement to the Landscape Architect, as and when the same becomes due, will excuse
further performance by the Landscape Architect until all such payments have been made;
and under such circumstances the Landscape Architect may, at his option, add interest to
accounts thirty (30) days past due at the rate of one percent (1%) per month on the unpaid
balance of the account due and assessed until such overdue balance has been paid in full.
The Client shall pay for all legal costs and attorney's fees resulting from any legal action
requirext to collect those fees which remain unpaid for period in excess on ninety (90) days.
(
Responsibility Of The Client
The Client shall be responsible to provide or cause to be provided to the Landscape Architect, at
no cost to the Landscape Architect, the following:
Ao
Certified land survey of the site, giving grades and lines of streets, pavements and
adjoining properties, right-of-ways, restrictions, easements, zoning, deed restrictions and
contours of the site; locations dimensions and complete data pertaining to existing
improvements, plantings, and available services and utilities both public and private.
Be
Accurate to scale plans and drawings showing exact locations, elevations, and sizes of
proposed structures and improvements; site grading plans of proposed topography of
project site; locations and elevations, proposed utility lines and facilities, including
source(s) of water and static water pressure(s) available for irrigation system(s).
C.
Complete soil bearing and agronomic reports, including necessary test pits, borings, and
other operations for determining soil and subsoil conditions relative to landscape work.
D.
All lighting plans, rough and f'mish grading and drainage plans and arcMtectural plans
prepared by Client or Client's consultants.
E. Providing pmmpfiy full information regarding the requirements for the project.
F*
Designating a representative to act in its behalf with respect to the Project. Client's
representative shall examine documents submitted by Landscape Architect and shall render
decisions pertaining thereto promptly to avoid unreasonable delay in the progress of
Landscape Architect's services.
Termination
h is understood that these services may be terminated by written notice at any time for good
reason by either party. In this event we shall be reimbursed for all work performed prior to the
date of termination with all original documents given to the developer or his r~,,presentative.
(
Exhibit B - Page 3
i
?
Excluded Services
Melvin Lee Associates, Inc. will have no involvement in other aspects of the project, and in
particular and without limitation, Melvin Lee Associates, Inc.:
he
Will not provide any soils engineering services whatsoever, nor otherwise have any
liability or responsibility for the project's soils and/or subsurface conditions.
B. Will not provide testing for soils fertility. Cost of soils fertility test and a
'Yecommendafions for pIanting" report shall be paid for by the Owner.
C*
Will not have control or charge of and will not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the project, or for the acts or omissions of the project's contractors, or any
other person performing any of the work on the project, or for the failure of any of them to
perform work on the project in accordance with the pmject's plans and specifications.
De
Will not be responsible for the accuracy of data and/or other design work provided to
Melvin Lee Associates, Inc..
E. Will not guarantee cost, quantity or other estimates.
F. Will not provide or be responsible for a Finished Site C. rrading Plan.
Ge
Will not provide civil, structural, electrical and mechanical engineering including
subsurface drainage, and electrical circuitry.
H*
Will not provide services similar to those set forth hereinabove and not otherwise covered
by the contract.
General Provisions
A,
In light of the limited nature of Melvin Lee Associates, Inc.' involvement with the project,
client agrees to indemnify, defend and hold harmless Melvin Lee Associates, Inc. and its
principals, agents, employees and consultants from and against any claims and/or liability
directly or indirectly related to any work performed pursuant to this Agreement by or on
behalf of Melvin Lee Associates, Inc. including even claims and/or liability regarding any
indemnitee's actual or alleged "design defects" and/or "active negligence," except where
such claims and/or liability result from the sole negligence or willful misconduct of Melvin
Lee Associates, Inc. or its principals, agents, employees or consultants.
B.
C*
Client warrants that it may use any calculations, plans, specifications or other instruments
of service prepared by Melvin Lee Associates, Inc.. Client may not use such instruments
of service for the project ff this Agreement should for some reason be te~inated. Such
instruments of service shall be and remain the property of Melvin Lee Associates, Inc., and
in the event of their unauthorized use by client, client shall indemnify, defend and hold
harmless Melvin Lee Associates, Inc. and its principals, agents and employees from and
against any and all claim and/or liability directly or indirectly related to such unauthorized
use including even claims and and/or liability regarding Melvin Lee Associates, Inc.' actual
or alleged "design defects" and/or "active negligence".
Exhibit B - Page 4
E.
unless
Further, in the event that changes are made to instrun~ents of service concerning the project
other than by or on behalf of Melvin Lee Associatesfine., which changes affect Melvin Lee
Associates, Inc. work, then any and all liability/arising out of or resulting from such
changes is waived by client against Melvin Lee 4~ssocmtes, Inc., and client shall assume
full responsibility and liability for such changes s~tcI Melvin Lee Associates, Inc. consents
in writing to such changes; and client agrees to indemnify Melvin Lee Associates, Inc.
against any and all claims and/or liability directly or indirectly related to such unconsented
changes including even claims and/or liability regarding Melvin Lee Associates, Inc.' actual
or allege "design defects" and/or "active negligence". The foregoing waivers and indemnities
shall apply only to those parts or portions of instruments of service which were
Melvin Lee Associates, Inc. shall be responsible for only negligence, errors and omissions
of Melvin Lee Associates Inc. and not for negligence, errors and omissions of the project's
other consultants or subconsultants.
One or more waivers of a breach of any term of this Agreement by Melvin ~ Associates,
Inc. shall not be construed as a waiver of a subsequent breach of the same or other terms.
changed
without
the writ-
ten conse
of Melvin
Lee, Asso
Inc.
F. In the event that this Agreement is for any reason terminated, its warranties and indemnity
provisions shall remain in full forces and effect. ;' .~~
Attorney's Fees and Costs
A. Should suit be brought or a legal action commenced by either Client or Landscape Architect
in order to enforce any of the provisions of this Agreement, the prevailiug party shall be
entitled to reasonable anomey's fees plus court costs, whether said suit or action be
brought to judgment or otherwise.
Scope Of Authority
The person signing this agreement on behalf of each part warrants to the other that he/she has the
authority to do so, and ff a corporation, is an officer of same.
Melvin Lee Associates, Inc.
July 26, 1989
Agreed for Town of Danville P'
......
Da~
(
Exhibit B - Page 5
~ JUL 86 'B9 16:3! ~:.LVINLEE
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JOC.
P.!
qrm~mm~
EXHIBIT "C"
STANDARD HOURLY RATES OF PEI~ONNET .
Principal
Project desigor or usociatcs
Job C. apmin
Technicel sm~_ '~;~
Seo~or staff
Junior staff
· Ck~al
Tb~ ~6vc ret~s may be edjus~.~d ennu~y.
$ 85.OO
$ 65.OO
$ 6O.O0
'
· $ 50.00
$ 45.O0
$ 35..OO
$ 27.00
4'
(
tb
2'
· $LL 26 '89 16:31 ~d-VIN LEE ~SSOC.
EXHIBIT "D"
P.2
SCHEDULE OF COMPLETION FOR LANDSCAPE CONSTRUCTION
DOCUMENTS
All work shall b~ completed in compUanc~ with th~ schcdul~ as it is d~veloped by fi~e Cit7 of
Danvill~ in c~junction with fire other consulumts' wm'k.
This wo~ ~ b~ compk~.d in accordance :o ~ ci~'s landscap~ archi~t co,~,~.nts and pr?~.us
phono convcrsalion sin.flag that th~ irrigation system is adequat~ and acceptable as designed with
tho exception that eqtupm~nt details and specif'w. ations shall conform with Sy¢_Am_o~ Valley
Ir~mv¢,,~nt District r~un~.mcnu. ".
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