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