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HomeMy WebLinkAboutCC Resolution 9096 (Landscape Architectrual Services)RESOLUTION NO. 9096 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The Recreation Director and CITY CLERK are authorized to execute on behalf of the City of San Rafael a contract, lease or agreement with: Agreement with Donald L. Blayney for Landscape Architectrual Services for Pickleweed Park Playground. a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City, held onMondav the 7th day of February , 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J' _ �hANNE,. L�ONCINI, CITY CLERK GRIGINAI A9�v6 City of San Rafael 0 Recreation Deoartment AGREEMENT FOR PROFESSIONAL SERVICES WITH DONALD L. BLAYNEY FOR LANDSCAPE ARCHITECTURAL SERVICES FOR PICKLEWEED PARK PLAYGROUND. This Agreement is made and entered into this7th day of Feb 1994 by and between the City of San Rafael (hereinafter called City) and Donald L. Blayney,(hereinafter called Consultant). A. SCOPE OF WORK In accordance with this Agreement, the Consultant agrees to provide professional services as outlined in the Proposal from Consultant entitled Landscape Architectural Services for Pickleweed Park Playground dated January 11, 1994, marked Exhibit "A", attached hereto, and incorporated herein by this reference. The Consultant agrees to be available and perform the work specified in this agreement as shown in Exhibit "A". B. INDEPENDENT CONTRACTOR It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultant, an agent or em- ployee of the City, or authorizing the Consultant to create or assume an obligation for or on behalf of the City. C. PAYMENT For the payments specified herein, which the City agrees to make, the Consultant will undertake the above noted work. Payment for Professional services will be made as follows: 1. The Consultant shall receive payment on a time and material basis for services rendered in accordance with the rates shown on his current fee schedule, set out in Exhibit "A". 2 The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "A", without prior authorization by the City. 3 Consultant's professional service fees shall be invoiced on a monthly basis. 4 Payments made by the City shall be made within 15 days of receipt of invoice. D. TERMS The terms of this Agreement shall be from the date of execution to until December 31, 1994. Either party may terminate this Agreement by giving other parry thirty (30) days written notice. In the event of termination, City shall pay Consultant all sums then due and unpaid as of the date of receipt of notice. Payment by City of such compensation shall be considered full and final settlement for all work performed by the Consultant under this Agreement. All completed reports and other documents and materials described in Exhibit "A" shall become the property of the City. E. ARBITRATION All claims or disputes between the City and the Consultant relating to this Agreement shall be decided by arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. F. ALTERATIONS This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement, and shall be executed by both parties. Amendments to Exhibit "A7, may be made by mutual agreement, in writing, signed by Consultant and the Recreation Director, or the Director's appointed representative. G. ASSIGNMENT No assignment of this Agreement, either in whole or in part, shall be made by Consultant without the prior written consent of City. ENGINEERING AGREEMEF, Page 2 H. NOTICES Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respective parties as follows: City of San Rafael Dept. of Public Works P. O. Box 151560 San Rafael, Ca. 94915-1560 Donald L. Blayney 1536 Eighth Avenue San Francisco, CA 94122 Fax # (415) 392-7628 Phone (415) 564-7227 1. INSURANCE During the term of this Agreement, Consultant shall provide automobile, worker's compensation, health, personal liability, and such other insurances as it desires to protect itself, its employees and subcontractors, at its own expense. J . INDEMNITY Consultant shall indemnify, defend and hold the City harmless from and against liability arising from Consultant's negligent acts, errors, or omissions in performance of the work, or for willful or intentional misconduct relating to activities carried out pursuant to or in connection with this Agreement. IN WITNESS WHEREOF, City and Consultant have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: JOANNE M. LEIM City Clerk AZ.GHLLAINM77 TO FORM: G City Attorney Attachments ( 2 ) 1. Exhibit "A"- Proposal from Consultant. 2. Resolution. CITY OF SAN RAFAEL: ! SHARON MCNAMEE Recreation Director CONSULTANT: `1 0 J� EXHIBIT A DONALD L. BLAYNEY ASSOCIATES LAND SCA P£ A RCHI TECTC RE PLANNING January 11, 1994 Ms. Sharon McNamee Recreation Director, City of San Rafael 1400 Fifth Avenue San Rafael, California 94915 Re: Landscape Architectural Services for Pickleweed Park Playground Dear Sharon: Pursuant to our meeting of Jan. 10, 1994 I have received and reviewed your letter dated Jan. 3, 1994. For your review and consideration, I am pleased to submit the following proposal for professional Landscape Architectural Services for the precise Master Plan and Construction Documents for the above mentioned project. The following work tasks are based on my understanding of your letter dated Jan. 3, 1994 and our site visit of Jan. 10, 1994. SCOPE OF WORK Phase -1 Develop a preliminary concept plan per our discussion's which responds to the existing conditions of the site, coordinated with current park improvements and reflect the concerns and interests of the community committee and City Staff. Prepare the final Concept Plan and submit an estimate for construction cost. Phase -2 Provide Construction Documents for submittal to the City of San Rafael and construction bidding by qualified Landscape Contractors. Phase -3 Provide periodic site inspections during project construction as authorized by the City of San Rafael. Urban De,si.,n - -- F_snne Plunnin, Purl Plunnirr,, _ _ lie.sidemiul Dcsi,,n Lund Planning C - Phoio ruhl�r 41 i i6-4-72-17 Tel E Fu.s-415392-762'.1 1536 Ei,lnh Arenue Sun Fruirisrn CA 94122 Culijrn niu Re,imrutiui 11.1370 ^ - New ble.vh a Rc•,imrunnn � ! OUTLINE OF WORK TASKS Phase I - Park Play Area Concept Plan A. Field verify existing conditions with base information provided by the City of San Rafael proposed. Prepare base for Concept Plan and Construction Documents. (Site Survey provided by City of San Rafael.) B. Develop Site Analysis. C. Develop Preliminary Site Concept Plan. D. Review with City Staff and present to Community Committee. E. Make changes to Conceptual Plan, confirm with City proposed site improvements and finalize Play Area Concept Plan. F. Prepare and present final Conceptual Plan to City Staff and Community Committee. G. Prepare preliminary Statement of Probable Construction cost. Phase II - Final Play Area Concept plans and Construction Documents Upon approval of the Final Plan and with written authorization to proceed the following work tasks will be provided. A. Prepare Grading and Drainage Plan for proposed improvements . B. Prepare Landscape Construction and Layout Plan. C. Prepare required Construction Details for site improvements. D. Prepare Irrigation modification Plan and Specifications. E. Prepare Planting Plan and Details. (Related to Park Entry) F. Submit Construction Documents to City of San Rafael. Deliverable items to Cite; 1. Original Mylars of Construction Documents. 2. Camera ready specifications. G. Consult with City during bidding of qualified Landscape Contractors. Phase II -A -Under Separate Contract, hourly as approved by City of San Rafael. A. Addition work tasks anticipated under this contact; 1. Consult with City Staff for fence design along. Sorrento Way. 2. Consult with City Staff for the installation of a pre -fab restroom building. Phase III -Construction Observation A. Provide periodic construction observation visits to the site as authorized by the City of San Rafael to review work in progress and compliance to plans and specifications. Report to City of San Rafael. FEE SCHEDULE Phase I - Conceptual Plan $4,000.00 Phase II - Final Plan and Construction Documents $6000.00 Phase II -A -Additional work Task Hourly Phase III -Construction Observation Hourly (as authorized by the City of San Rafael) Billing will be made on a monthly basis or on completion of a work task phase and per the Terms of Agreement, see attached. If the scope of work changes after the Final Plan for Play Ground renovation and Constructions Documents are completed, changes will be made on an hourly basis, per the Terms of Agreement, and as authorized by the City. If minor changes are required, these changes will be made at no additional cost to the City. This proposal does not include fees for structural architect, structural engineering, mechanical engineering or electrical engineering, soil testing or reimbursable expensive as described under the Term of Agreement , but if these professionals are required, it does include the coordination of related work tasks. Costs for the above work tasks will be billed on a per cost basis. If required. I am very excited about this project and look forward, again to the opportunity of working with the City of San Rafael. If you have any questions or comments, please do not hesitate to contact me at, (415) 564-7227. Sincerely, DONALD L. BLAYNEY ASSOCIATES Donald L. Blayney, ASLA Principal Accepted by;_____________ Sharon McNamee Title;_masse_at ion or----------------- Date;___V7-/gA .-- 3 DONALD L. BLAYNEY ASSOCIATES L.4.N L)SC.A PF_ .4 RCHI TECTL RE PL.4.N'.1'1;YG TERMS OF AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT ❑ PLANNER I. CHARGES FOR SERVICES Charges for Basic and Extra Services shall be based on an hourly rate not to exceed the following schedule: Principal's Time Associate's Time Assistant's Time Clerical and Office Consultant's Time (at cost) $ 65.00 $ 40.00 $ 30.00 $ 25.00 $ 45.00 to $ 100.00 All of these rates are for six months from the date of Agreement for Professional Services, but may be increased periodically. EXPENSES Automobile Travel Airfare and Car Rental Overnight Travel Blueprint and Reproductions $ .25/mile Cost Plus 10% Cost Plus 10% Cost Plus 10% Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Landscape Architect, his employees or his professional consultants in the interest of the project. II. OWNERSHIP OF DOCUMENTS All reports, plans, specifications and other documents prepared by the Landscape Architect as instruments of service shall remain the property of thetandscapel�rrhiieet; whether or not the project for which they are made is executed. The Landscape Architect shall retain these records for a period of 10 years following completion of services, during which period they will be made available to the Client. III. PAYMENTS Statements for the work shall be rendered monthly in proportion to the amount of work completed. Bills unpaid after one month shall be subject to a 1 1/2% per month charge which is an annual rate of 18%. Donald L. Blayney Associates reserves the right to suspend work on any project when invoices have not been paid within sixty days after having been rendered. 7-1-91 L rhurr vem""n - - Evenc Phrnnin, Mirk Plunnia, __ Revdemiul Ursreri Luna Plnnnin, _ - Phntw,rupin 41-i ih,1-7-'?7 Tel = Fu.x -ll -192-7h2R I ? ;n Ei., ith .1 remit Scar Franc uc o CA ua 1-22 Culil"rniu Rc rsvrurioa n ,'370 - - Nru 11cvru Re,tm—anun r l