HomeMy WebLinkAboutCC Resolution 8011 (City Pond Construction)RESOLUTION NO. 8011
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
MPA DESIGN TO COMPLETE PLANS AND SPEr-q--EOR rTTV PnM
CONSTRUCTION THTR Ar.RRE.WEN' -qHAT.T. TERMINATE =RCH 30 IPPB----
.
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 on
MONDAY
the 7TH
day
of
AUGUST
, 19 89 by the
following vote,
to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli,
Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSEN'T': COUNCILMEMBERS: None
}"ANNE M. LEONC NI, CITY CLERK
�, R��Ii�A[
CITY
`F
SANT
RAFAEL
-4,00 FIFTH AVENUE. P O BOX 60 SAN RAFAEL
'4LIFORNIA 9-3915-0060 FAX 1415) 459-2242
March 29, 1990
Michael Painter
MPA Design
562 Mission Street
San Francisco, CA 94105
AYOR
LAWRENCE MULRYAN
COUNCIL. MEMBERS
ALBERT KORO
DOROTHY L BREINER
GARY R FRUGOLI
JOAN C THAYER
RE: Agreement for Services, San Rafael City Pond, August 7,1989
Dear Michael:
This letter will serve as formal notice to terminate the above
agreement dated August 7, 1989 for the City Pond project.
As you know, subsequent to this agreement, the City of San Rafael
received encouragement and funding to expand the scope of the
above project to include three other shoreline parcels. You
are also aware the City and your firm are currently negotiating
a new contract agreement for a larger scope of services to
include the City Pond project from the August 7, 1989 agreement.
Sincerely,
Sharon McNamee
Recreation Director
cc. Lloyd Strom, Assistant Director, Public Works
Jeanne Leoncini, City Clerk
AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES
FOR
SAN RAFAEL CITY POND
This Agreement is made and entered into this 7TH day of
AUGUST . 1989 by and between the City of San Rafael
("City") and M.P.A. Design ("Consultant").
A. SCOPE OF WORK
In accordance with this Agreement, the Consultant agrees
to provide Professional Landscape Architecture services
to prepare the San Rafael City Pond Plans and
Specifications as outlined and described in Exhibit "A",
attached and incorporated herein by reference. The
Consultant agrees to be available and perform the work
specified in this Agreement in the time frame specified.
B. DIRECTION
The Consultant, in performance of the Scope of Work
referred to above, will work under the direction of the
Recreation Director of the City. 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 employee of the City of San
Rafael, 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 Landscape Architectural
services will be made as follows:
(1) The Consultant shall receive payment for each
individual work task not to exceed the amounts shown on
the Proposal Budget outlined and described as Exhibit "B",
attached and incorporated herein by reference.
(2) Consultant's professional service fees shall be
invoiced on a monthly basis.
(a) Monthly invoices shall be submitted by the
Consultant based upon percentage of work
completed during the month.
(b) Payment shall be due from the Agency within 30
days of receipt of the invoice. 1.3% interest per
month will be applied to the unpaid balance after
30 days.
AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL
SERVICES FOR SAN RAFAEL CITY POND Page 2
3) Consultant's Additional Services
The following services cause the Consultant extra
expense. If any of these services are authorized by
the City, the City shall pay for these additional
services at the attached billing rates unless
otherwise indicated within thirty days of receipt of
the invoice for these services.
(a) Revision of previously approved drawings and/or
construction budgets, to accomplish budget
reductions and/or design changes requested by the
City.
(b) Public Meetings other than three regulatory agency
review meetings, City of San Rafael Park &
Recreation Commission and City Review and Approval
Meetings.
D. ITEMS SUPPLIED BY THE CLIENT
The Client shall supply the Consultant with the following
prior to the Consultant's commencement of work under the
Agreement.
(1) An up-to-date accurate topographic survey at 1"=100'
of the existing site which also shows existing surface
utilities and adjacent street grades.
(2) Previously prepared soils reports and laboratory
analysis of topsoil, water or other materials.
(3) Applicable engineering drawings and specifications
of existing development adjacent to this project.
E. WORK NOT INCLUDED
(1) Site utilities plan such as water, gas and electrical
service
(2) Storm drainage plan
(3) Site lighting plan
(4) Professional renderings, models or photomontages
(5) 40 scale enlargements of detailed areas of the plan
AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL
SERVICES FOR SAN RAFAEL CITY POND Page 3
F. ABANDONMENT OF IMPROVEMENT
If the City terminates this Agreement, the Consultant
shall be compensated for all work completed under Section
C, PAYMENT. Scheduled items not completed but upon which
work has been performed, shall be paid for upon the basis
of estimated extent of completion, as mutually determined
by the Consultant and the City, unless the Agreement is
terminated due to a breach of Consultant's obligations
under this Agreement.
G. WORK STOPPAGE
This Agreement is based upon the time schedule established
by the City. Once the project has commenced, the City may
stop work on the project during the design contract
document phase upon five (5) days written notice to the
Consultant. All outstanding payments must be paid within
30 days after work stoppage notice has been received. If
the City does not request work on the project to commence
within sixty (60) days of the date of the work stoppage
notice, the Consultant has the right to renegotiate its
fee (including start-up costs) for the work to be
performed under this Agreement. If the schedule to
perform under this Agreement is extended by more than 120
days through no fault of the Consultant, the Consultant
may negotiate additional fees. In the event the
Consultant's actions or failure to act delay completion of
the work by more than thirty (30) days, at any stage of
the schedule, the City may reduce the Consultant's fees
commensurate with damages incurred by the City.
H. TERMS
This Agreement shall terminate March 30, 1990. Either
party may earlier terminate this Agreement, without cause
by giving the other party ten (10) days written notice.
In the event of termination of this Agreement, the City
shall pay Consultant all sums then due and unpaid under
this Agreement. 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.
AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL
SERVICES FOR SAN RAFAEL CITY POND Page 4
I. MODIFICATIONS
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 approved
by both parties. Amendments to Exhibits A & B may be made
by mutual agreement of Consultant and the City Manager.
J. INSURANCE
During the term of this Agreement, Consultant shall
maintain: general and comprehensive liability insurance
with a combined single limit of not less than $1,000,000
for bodily or personal injury or property damage as the
result of any single occurrence; and professional
malpractice insurance with a limit of liability of not
less than $500,000 for any single occurrence, and in the
aggregate. Prior to beginning work under this Agreement,
Consultant shall provide the City with evidence that the
insurance described above is in place. The City of San
Rafael shall be named as additional insured on all
policies of incurance, except the malpractice policy(ies).
K. INDEMNITY
Consultant shall indemnify, defend and hold the City of
San Rafael harmless from all claims for injury or damage
to persons or property arising from Consultant's
negligent, willful or intentional acts, or Consultant's
errors or omissions relating to activities carried out
pursuant to or in connection with this Agreement.
L. ARBITRATION
All questions in dispute under this Agreement shall be
submitted to arbitration when practical in accordance with
the rules of the American Arbitration Association,
conducted in Marin County under the laws of the State of
California. The prevailing party shall be entitled to
reasonable attorney's fees to be fixed by the Arbitrator;
or in the the event there are judicial proceedings instead
of arbitration, reasonable attorney's fees shall be fixed
by the Court.
M. SCOPE OF AGREEMENT
This is the entire agreement between the parties and there
are no conditions, agreements or representations between
the parties except as expressed herein.
AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL
SERVICES FOR SAN RAFAEL CITY POND Page 5
N. NON -ASSIGNMENT
This agreement contemplates the expert and unique services
of Consultant, and it is recognized by the parties to this
agreement that a substantial inducement to agency for
entering into this agreement was, and is, the
professional reputation and competence of Consultant.
Neither this agreement nor any interest therein may be
assigned by Consultant and Consultant shall not
subcontract any portion of the performance contemplated
by 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:
tlne M. Leonc nOa�
ty Clerk
PPROVED TO FORM:
Gary Ragghianti
City Attorney
APPROVED AS TO CONTENT:
Sharon McNamee
Recreation Director
CITY OF SAN RAFAEL
Lawrence E. Mulryan
Mayor
CON LTANT:
"'e�/ . — —
G%GC�
M.P.A. Design
Attachments
1. Exhibit A - Scope of Work
2. Exhibit B - Project Budget
AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES
FOR SAN RAFAEL CITY POND
r.mii-b-rr A
SCOPE OF WORK
The following work tasks will be prepared by MPA Design:
A. Design Development
Based on the approved schematic plan and construction budget, prepare
design development drawing(s) showing:
1. Conceptual Grading Plan
a. Provide preliminary contours for planted areas and mounding.
2. Landscape Plan
a. Show plant material types and locations.
b. Note extent of irrigation and description.
C. Further develop paved surface configuration and site
furnishings including fencing.
3. Prepare estimate of probable construction cost.
4. Attend a maximum of two public agency review meetings.
B. Contract Documents
Based on approved design development drawings and construction budget
prepare construction drawings and specifications.
1. Working Drawings
a. Layout Plan
b. Grading Plan - establish finished grades for work within the
consultants scope of work.
i. Provide finished grades for planting areas and mounds
based rn existing curb and paving grades provided by the
City.
C. Planting Plan and Details
d. Irrigation Plan and Details
e. Hardscape (on grade)
f. Construction Details for site furnishings and fencing.
2. Specifications: technical sections for work designed by the
consultant.
C. Construction Consultation
1. Site Visits: The Landscape Architect shall visit the site at
intervals appropriate to the stage of construction to become
generally familiar with the progress and quality of the work and
to determine in general if the work is proceeding in accordance
with the contract documents. However, the Landscape Architect
shall not be required to make exhaustive or continuous on-site
observations. As a landscape architect, the Landscape Architect
will keep the Owner informed of the progress and quality of the
work, and shall endeavor to guard the Owner against defects and
deficiencies in the work of the Contractor.
a. This contract includes a maximum of 4 site visits which is
deemed sufficient to service the project provided a
contractor recommended and/or approved by the Landscape
Architect is employed to construct the work.
b. One of the above site visits will be made to the nursery or
growing ground to inspect plant materials designated for the
project.
2. The Landscape Architect shall not have control or charge of and
shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and
programs in connection with the work, for the acts or omissions of
the Contractor, Sub -contractors or any other persons performing
any of the work, or for the failure of any of them to carry out
the work in accordance with the contract documents.
3. Review shop drawings, samples and other submittals required of the
Contractor.
AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES
FOR SAN RAFAEL CITY POND
Iwo uW.-J-91em
IPA Design shall receive payment for each individual work task not to exceed
the amounts shown herein without prior authorization by the City.
A. Design Development $ 3,847.50 (25%)
B. Contract Documents $ 7,695.00 (500)
C. Construction Consultation $ 3,847.50 (250)
TOTAL PROJECT FEES $15,390.00 (100%)
Following is the hourly rate schedule that will be in effect from January 1,
1989 to December 31, 1989
BILLING RATES
Rabe per Hour
Principal (President) $120.00
Principal 85.00
Senior Associate 75.00
Associate 67.00
Project Manager/Senior Designer 60.00
Senior Staff/Job Captain 56.00
Intermediate Staff 50.00
Junior Staff 41.00
word Processors/Clerical 44.00
Reimbursable expenses billed at cost plus 100:
In the event of any increase of costs due to the granting of wage increases
and/or other employee benefits to office employees due to the terms of any
labor agreement, or rise in the cost of living, during the lifetime of this
agreement, such percentage increase shall be applied to the above billing
rates for all remaining additional services compensation following the date
of such increase in costs.
SAN RAFAEL CITY POND
Pre -Schematic Project Budget
July 26,1989
ITEM
Section A - Access Com:)onents
1. Ia-rolition
2. Grading
3. AC Path and Road
4. Crushed Stone Jogging
Trail
QUANTITY UNIT UNIT PRICE
Allow
$15,000
Allow
5,000
6,000
SF 2.00 12,000
2,000
SF 3.00 6,000
5.
Boulder Placement
43
EA
250.00
11,000
6.
Benches
3
EA
1000.00
3,000
7.
Fencing W ht.)
800
LF
10.00
8,000
8.
Bollards
4
EA
150.00
1,000
Sub -total
Section A
$61,000
Section B - Marsh/Pond Enhancement Components
9.
Irrigation System
Allow
42,000
10.
Planting
a. Trees 15 gal.
100
EA
80.00
8,000
b. Shrubs/ g.c.
46,500
SF
.40
23,000
11.
Viewing Area
Allow
7,000
12.
Wood Pier w/ Rail
Allow
15,000
13.
Entry Gate w/ Sign
Allow
5,000
14.
Upgrade Existing
Allow
10,000
Pump Station Structure
Sub- total Section B $1101,000
PRGJECr TOTAL $171,000
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