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HomeMy WebLinkAboutCC Resolution 8817 (Albert Park Improvements)RESOLUTION NO. 8817 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute on behalf of the City of San Rafael a contract, lease or agreement with: Wihlborg Design (WD) to complete Plans and Specifications for Albert Park Improvements (from 2/1/93 through 12/31/93) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Reaular meeting of the City Council of said City, held on Mondav, the 1st day of Februarv. 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None �ea� �. - JEANJV`M, LEONCINI, City Clerk AGREEMENT FOR CONSULTING SERVICES This Agreement is made and entered into as of this day of February, 1993 by and between the City of San Rafael (hereinafter referred to as the "City") and Wihlborg Design (hereinafter referred to as "Consultant"). Section 1. Purpose. The City has determined that it is in its best interest to obtain design services for Albert Park, as shown on Exhibit "A" attached hereto and incorporated by this reference herein. Consultant has experience in providing such consulting services; and, therefore, the City desires to employ Consultant to provide such services. Section 2. Scope of Services. The Scope of Services to be performed by the Consultant under this Agreement shall include the design development, construction documentation, and construction observation services for Albert Park improvements to include six bocce ball courts, a new playground and related infrastructure items as specified in Exhibit A, Scope of Services. Section 3. Term. This Agreement shall commence upon the date first written above and extend through December 31, 1993 unless terminated in accordance with Section 4, below. Section 4. Termination. Either party may terminate this Agreement without cause effective upon receipt of thirty (30) days written notice from the other party. In the event of termination the Consultant shall receive compensation pursuant to Section 6. In the event of termination the obligation under Section 12 regarding indemnification shall survive such termination. Section 5. Compensation. Total compensation for consultant services and direct expenses is not to exceed $8999. without prior written consent of the City. To receive payment, the consultant shall submit to the City a monthly invoice setting forth the amount for the services rendered and itemizing hours. The invoice amount shall be due and payable within thirty (30) days after receipt of the invoice by the City. Section 6. Compensation in the Event of Early Termination. In the event this Agreement is terminated by either party, the consultant shall be paid for amounts already invoiced but not paid, plus its fee for services rendered as of the date of receipt of the termination notice. The Consultant shall be reimbursed pursuant to Section 5 for expenses incurred as of the date consultant receives notice or gives notice of termination, as the case may be. Section 7. Reimbursement Expenses. In addition to the fee set forth in Section 5, the Consultant shall be reimbursed for its actual costs for reasonable travel and other expenses. Section 8. Accounting Records.. Records of Consultant's services and reimbursable expenses pertaining to this Agreement, and records of accounts between the City and the Consultant, shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times for inspection. Section 9. Nondiscrimination. In performing services under this Agreement, the Consultant shall not discriminate in the employment of its employees on the basis of race, color, religion, sex, marital status, sexual orientation, national origin or ancestry. Subcontracts entered into by the Consultant, if any, shall contain comparable language forbidding discriminatory practices by subcontractors. Section 10. Successors and Assigns. Neither the City nor the Consultant shall assign or transfer any interest in this Agreement without the written consent of the other. Section 11. 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: Sharon McNamee, Recreation Director Don Wihlborg City of San Rafael Wihlborg Design P. O. Box 151560 50 El Camino Drive San Rafael, CA 94915-1560 Corte Madera, CA 94925 Section 12. Ownership of Documents. Any and all documents prepared by consultant pursuant to this agreement shall become the property of the City upon delivery of the documents to the City. Section 13. Reliance and Indemnification. In performing its services under this Agreement, the consultant may use and rely on copies of reports, representations, certifications, and other information prepared by or for the City and given to the Consultant. Consultant, in performance of this agreement, shall work under the specific direction of the Recreation Director or designated representative. Consultant agrees to hold harmless, indemnify, including consultant's fees, and defend City, its employees and agents, from any and all claims, loss, liability and damages arising from Consultant's, its agents, or its employees' negligent or intentional acts or omissions arising as a result of Consultant's work under this Agreement. Section 14. Consultant Not An Employee of the City. It is understood that the Consultant is not acting hereunder in any manner as an employee of the City, but solely under this agreement as an independent contractor. 2 Section 15. Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 16. Entire Agreement. This Agreement represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior representations, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. Section 17. Applicable Law. This Agreement may be executed simultaneously in multiple counterparts, all of which shall constitute one and the same instrument and each shall be an original. Section 18. Attorney's Fees. If either party commences an action to enforce the terms hereof, the prevailing party shall be entitled to reasonable attorney's fees and costs. Section 19. Arbitration. The City and the Consultant agree to submit any claims arising under this agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. APPROVED AS TO FORM: CITY OF SAN RAFAEL B A"'W 1✓� By W. Gary T. Ragghianti, City Attorney �rt J. ro, Mayor APPROVED AS TO CONTENT: ATTEST: Pamela J. Nico ai, Ci Mana ger tY 3 ByAffe'!Z. �. Leoncini, City Clerk CzItant:: Don Wihlborg Wihlborg Design �j EXHIBIT "A" PROPOSAL FOR PROFESSIONAL SERVICES We are pleased to submit this proposal for Professional Services in connection with the project referenced above. This proposal is by and between Wihlborg Design (WD), a California business entity, and the City of San Rafael, San Rafael, California. WD shall provide professional services on the project referenced above, the extent of which is indicated below. I. SCOPE OF SERVICES A. WD shall provide design development, construction documentation, and construction observation services for the following scope items: 1. Finish grading and surface drainage of pedestrian pavements and planting areas 2. Design of pedestrian pavements and bocce area 3. Landscape walls, steps, fences, railings and related site elements not a part of the buildings. 4. Site furniture including benches and drinking fountains. 5. Selection, location and mounting details of fixtures for site lighting. (site lighting circuitry is not included in contract.) 6. Planting and soil amendment. 7. Irrigation downstream from mainline point -of -connection. B. Owner will retain and direct the services of professional consultants as needed for: 1. Soils fertility investigation and report. 2. Site lighting circuitry. II. PROCEDURE A. Schematic Design. Development of base sheets, rudimentary surveying, site analysis, and schematic plans. some of this work has already been completed. B. Design Development. Upon Client's authorization to commence design development, WD shall prepare design development drawings. The design development plans will define the character and essentials of the project, including selection of materials. Plant selection will occur in construction documentation. WD shall assist the client by attending 1 (one) public Design Review meeting as directed by the client. C. Construction Documentation. Upon Client's approval of the design development plans and preliminary cost estimate, WD will develop working drawings and technical sections of specifications to construct the work and shall prepare a final estimate of probable construction cost. Client shall be responsible for Bidding and Contract Requirements and General Requirements divisions of the specifications. WD shall assist the client by attending 1 (one) public Design Review meeting as directed by the client. D. Construction Observation. WD shall make 3 (three) periodic visits to the site as requested by the owner to familiarize itself generally with the progress and quality of construction and to determine in general if the construction is proceeding in accordance with WD's design intent and construction documents. On the basis of its observations while at the site, WD will keep Client informed of the progress of construction. WD may recommend to Client the rejection of work failing to conform to the contract documents. III. DESIGN APPROVAL Sharon McNamee has been designated as the person responsible for design direction to WD for this project and has the authority for design approval. In the event that the design, as approved by Sharon is rejected by others, and re -design is required, such re -design services shall be compensated as Additional Services. IV. EXCLUSION TO SCOPE OF SERVICES Client shall provide the following information or services as required for performance of the work. WD assumes no responsibility for the accuracy of such information or services and shall not be liable for errors or omissions therein. Should WD be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. A. Legal descriptions of property. B. Soils fertility testing and/or engineering. C. Engineering other than that provided within the Scope of Services. 2 V. FEES AND TERMS Services described above shall be provided in accordance with the terms and conditions in Appendix A attached hereto and which is incorporated and made part of this Agreement by reference. We estimate the following fee breakdown by phase: Schematic Design: Work to date: Base sheets, site analysis: Design Development: Construction Documents and Specifications: Construction Observation: Fee Total K? $1819.00 $710.00 $1840.00 $4100.00 $530.00 APPENDIX A Appended to and part of Proposal for Professional Services between WIHLBORG DESIGN (WD) and City of San Rafael, dated January 14, 1993. VI. REIMBURSABLE COSTS: The following costs shall be reimbursed at cost plus 15% and are not included in the Fee for Professional Services: A. Cost of copies of drawings, specifications, reports and cost estimates; xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. B. Cost of commercial carrier and public transportation, lodging, car rental and parking, subsistence and out-of-pocket expenses. C. Cost of postage and shipping expenses other than first class mail. VII. ADDITIONAL SERVICES: A. Additional Services shall be provided on a time basis computed as follows: Principals Don Wihlborg $90.00 Don Blayney $70.00 Staff $40.00 All of these rates are current for six months from the date of the Agreement for Professional Services, but may be increased subsequently without written notice. VIII. STATEMENTS: Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work complete. Reimbursable Costs shall be billed with fee invoices. IX. AUTHORIZATION TO PROCEED: If WD is authorized to commence and/or continue providing its services on the project, either orally or in writing, prior to execution of this written contract, such authorization shall be deemed an acceptance of this agreement, and all such services shall be provided and compensated for in accordance with the terms and conditions contained herein as though this agreement were fully executed by the Client. X. FORCE MAJEURE: WD shall not be responsible for any delay in the performance or progress of the work, or liable for any costs or damages sustained by Client resulting from such delay, caused by any act or neglect of the Client or Client's representatives, or by any third person acting as the agent, servant or employee of Client, or by changes ordered in the work, or as a result of compliance with any order or request of any federal, state or municipal government authority or any person purporting to act therefor, or by acts of declared or undeclared war or by public disorder, riot or civil commotion, or by any other cause beyond the control and without the fault of negligence of WD. In the event of any such delay, WD shall proceed with due diligence to alleviate such delay and continue the performance of all obligations under this Agreement. The time during which WD is delayed in the performance of the work, shall be added to the time for completion of its services to the extent such time is specified in this Agreement. All additional costs or damages resulting from any delay in the performance of progress of the work caused by any act or neglect of Client, its agents or representatives, shall be borne entirely by the Client. M. ARBITRATION: Any controversy or claim arising out of or relating to the formation, interpretation, application, enforceability, or breach of this Agreement, including disputes as to which persons or entities may be liable hereunder, may be settled by arbitration at San Rafael, California in accordance with the rules of the American Arbitration Association, and judgment upon any award rendered by the arbitrator (s) may be entered in any court having jurisdiction thereof. The prevailing party in any such arbitration shall be entitled to recover arbitration costs and reasonable attorney's fee, as determined by the arbitrator (s), in addition to any other relief available. 7 XII. LAW: This Agreement shall be interpreted and enforced according to the laws of the State of California. XIII. REVOCATION: This agreement shall be considered revoked if acceptance is not received within 90 days of the date hereof. 3