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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 ).VM a,,NHo V) R T II I I lI � t[ I U I \n�cj 7�4r A's M� / s=g10, o'- <i mom O n 0 m � ° En m :—� -a G� D /i Z m m w O C O m N Z om ' `u:4 SFF w6,'li 1 :n n n r( m \o`er `� 'kr \ c J . ; _ - / ,••, � .III O n 0 m � ° En m :—� -a G� D /i Z m m w O C O m N Z om ' `u:4 SFF w6,'li :��p :n n C m I � `1 • �. m ' ^ ' n � m _ � C ► � V rm Y Z z U Z M.N�D s� r r >< Y / m I � �