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HomeMy WebLinkAboutCC Resolution 7052 (Peacock Gap Neighborhood Park)RESOLUTION NO. 7052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREE- MENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR PEACOCK GAP NEIGHBORHOOD PARK THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, an agreement with Brian Witten- keller for landscape architectural services for preparation of contract documents for construction of Peacock Gap Neighborhood Park, a copy of which is attached hereto and incorporated herein by this reference. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 4th day of March, 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANJNE M. LEONCINI, City Clerk AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR PREPARATION OF CONTRACT DOCUMENTS FOR CONSTRUCTION OF PEACOCK GAP NEIGHBORHOOD PARK This Agreement made as of the 4-TIA day of in the year Nineteen Hundred and Eighty- P►V E , Between the Owner: City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 and the Landscape Architect: Brian Wittenkeller Landscape Architect 1332 Fourth Street San Rafael, CA 94901 For the following Project: Final design and preparation of construction contract documents for the seven acre Peacock Gap Neighborhood Park. The Owner and Landscape Architect agree as set forth below. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND LANDSCAPE ARCHITECT ARTICLE I LANDSCAPE ARCHITECT'S SERVICES AND RESPONSIBILITIES Basic Services The Landscape Architect's Basic Services consist of the five tasks described in Paragraphs 1.1 through 1.5 and include complete Land- scape Architectural and Architectural services included as part of basic services . Work Tasks of Architect: 1.1 Data Gathering and Review: The Landscape Architect will gather all available and applicable information regarding the site. Information sources will include the City of San Rafael, adjacent landowners, various utility companies and other sources as appropriate. The information will be reviewed and Z analyzed as it may apply to the project. The Landscape Archi- tect will review the existing hillside above the proposed park site and make design recommendations to hillside of eroded drainage gullies and scarps and divert rainwater from these areas into a storm drainage system. The Landscape Architect will seek professional Civil Engineering assistance from outside consultants as he feels is required. The Landscape Architect will consider existing and proposed land uses in the vicinity of the park and coordinate all work closely with representatives of the city, the Peacock Gap Neighborhood and the representatives of adjacent proposed developments. The Landscape Architect will use as a guide the Peacock Gap Community Park Master Plan as adopted by the City Council on January 17, 1983. 1.2 Preliminary Working Drawings and Cost Estimates: Based on the information compiled through the previous tasks, the Landscape Architect will prepare Preliminary Working Drawings and cost estimates. Said Working Drawings shall include but not neces- sarily be limited to the following: 1.2.1 Grading and drainage. 1.2.2 Site Plan/Staking Plan. 1.2.3 Planting Plan. 1.2.4 Irrigation Plan. 1.2.5 Lighting Plan. 1.2.6 Construction Details. 1.2.7 Restroom Plans. 1.2.8 Phasing Plan. 1.3 Plan Review and Revision: The Landscape Architect will present plans and cost estimates to the community a minimum of two times. The meetings will be held in the Peacock Gap Community, and residents will be encouraged to attend and make recommend- ations regarding the park improvements. The Landscape Architect will also meet with city staff to secure their input and recommendations on the Preliminary Working Drawings. Based on the input from the community and city representatives the - 2 - Landscape Architect will revise the plans to reflect appropriate changes. The phasing plan will be developed to reflect project phasing based on available funding. One public meeting each will be held before the City of San Rafael Park and Recreation Commission, Planning Commission and City Council. Any changes requested at these public meetings will be incorporated into the plan and cost estimates. 1.4 Contract Specifications: The Landscape Architect will prepare a complete set of technical specifications for inclusion in the Bid Package. This work will include but not necessarily be limited to the following: 1.4.1 Technical Specifications. 1.4.2 Bid Schedule. 1.4.3 Construction Cost Estimates. The Landscape Architect will coordinate this work closely with the city staff and assist the staff in the preparation of the final Bid documents. 1.5 Construction Review: During construction of Phase I the Landscape Architect will make periodic site visits to review progress and to insure that overall project development is in conformance with contract documents. The architect will work closely with the city inspector who conducts day-to-day inspection and assist him in making decisions regarding esthe- tics and appearance of the completed work. 1.5.1 The Landscape Architect shall prepare a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Con- tractor to the Architect. 1.5.2 The Landscape Architect will make revisions in Drawings, Specification or other documents when such revisions are a result of an oversight, ommission, or error of the Landscape Architect while preparing the plans and documents. 1.6 Construction Review Beyond Basic Services 1.6.1 If the Owner and Landscape Architect agree that more extensive representation at the at the site than is described in Paragraph 1.5 shall be provided, the Architect shall negotiate some with the city. 1.7 Additional Services The following Services are not included in Basic Services. They shall be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. 1.7.1 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner. 1.7.2 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.3 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.4 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.7.5 Providing Detailed Estimates of Construction Cost, analysis of owning and operating costs, or detailed quantity surveys or inventories of material, equipment and labor. 1.7.6 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Landscape Architect. 1.7.7 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Construction Cost is not commensurate with the services required of the Landscape Architect, provided such Change Orders are required by causes not solely within the control of the Landscape Architect. 1.7.8 Making investigations, surveys, valuations, inventories or detailed appraisals of existing facilities, and services required in connection with construction performed by the Owner. 1.7.9 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work. 1.7.10 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.7.11 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of,oper- ation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. - s - 1.7.12 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.7.13 Preparing to serve or serving as an expert witness in connection with any arbitration or legal proceeding. 1.7.14 Providing services of consultants for other than the normal landscape architectural services for the Project, except as previously noted. 1.7.15 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted landscape archi- tectural practice. 1.8 Time 1.8.1 The Landscape Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The estimated time of completion of work tasks one through four is one hundred and eighty calendar days. The architect will make every effort to complete the contract documents for Phase I construction as generally outlined in the Peacock Gap Community Park Master Plan by April 30, 1985. Minor adjustments to Phase I may be directed by the city. Schedule: Upon the signing of this Agreement, Landscape Architect estimates that the time to complete the plans and specifications, including City approvals, will be one hundred and eighty calendar days. At that time, Landscape Architect will have completed all work as outlined above. Owner should allow four to six weeks for Bidding of Phase I. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relationships, flexibility and expand- ability, special equipment and systems and site requirements. 2.2 The Owner shall provide a budget for the Project, including contingencies for bidding, changes in the Work during con- struction, and other costs which are the responsibility of the Owner. The Owner shall, at the request of the Landscape Architect, provide a statement of funds available for the Project, and their source. 2.3 The Owner shall designate, when necessary, a representative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Landscape Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Landscape Architect's services. 2.4 The Owner shall retain the services of a firm licensed to practice land surveying. Said firm shall prepare a topographic base map of 1"=20' with a contour interval of 1' with spot elevations in flat areas and on all trees greater than 3" in diameter. Said map will show all property lines and utilities on site and adjacent both existing and proposed. 2.5 The Owner shall retain the services of Harding Lawson Associates for all necessary soils review, investigations and recommend- ations deemed necessary by the City and Landscape Architect. 2.6 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the project, including such auditing services as the Owner may - 7 - f require to verify the Contractor's Applich�ions for Payment or to ascertain how or for what purposes the Contractor uses the monies paid by or on behalf of the Owner. 2.7 The services, information, surveys and reports required by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformances with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.9 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Landscape Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 Definition 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Landscape Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the Owner and any equipment which has been designed, speci- fied, selected or specially provided for by the Landscape Architect. 3.1.3 Construction Cost does not include the compensation of the Landscape Architect and the Landscape Architect's consultants, or other costs which are the responsibility of the Owner as provided in Article 2. 3.2 Responsibility for Construction Cost 3.2.1 Evaluations of the Owner's Project budget, Statements of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Landscape Architect, represent the Landscape Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Landscape Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Landscape Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Landscape Architect. 3.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget. The Landscape Architect will prepare a phased construction cost estimate that will permit the city to prepare contract documents for various levels of park development that are compatible with the city's ability to provide necessary maintenance and operations funding. 3.2.3 If the Bidding or Negotiation Phase has not commenced within three months after the Landscape Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect any change in the general level or prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall (1) give written approval of an increase in such fixed limit; (2) authorize rebidding or renego- tiating of the Project within a reasonable time; (3) if the Project is abandoned, terminate in accordance with Paragraph 9.2; or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construction Cost has been established as a condition of this Agreement, the Landscape Architect, without addi- tional charge, shall modify the Drawings and Specifi- cations as necessary to comply with the fixed limit. The providing of such service shall be the limit of the Landscape Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Landscape Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct salaries of all the Landscape Architect's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insur- ance, sick leave, holidays, vacations, pensions and similar contributions and benefits. - 10 - ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expendi- tures made by the Landscape Architect and the Landscape Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Subparagraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Landscape Architect's consultants. 5.1.3 Expense of data processing and photographic production techniques when used in connection with Additional Services, including the record drawings. 5.1.4 If authorized in advance by the Owner, expense of over- time work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups requested by the Owner. ARTICLE 6 PAYMENTS TO THE PROJECT ARCHITECT 6.1 Payments on Account of Basic Services 6.1.1 An initial payment as set forth in Paragraph 13.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services performed within each Phase of services, on the basis set forth in Article 13. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Landscape Architect, compensation for any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 13.4 for Additional Services. 6.1.4 When compensation is based on a percentage of Con- struction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Projects shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraphs 13.2.2, based on (1) the lowest bona fide bid or nego- tiated proposal or; (2) if no such bid or proposal is received, the most recent Statement of Probable Con- struction Cost or Detailed Estimate of Construction Cost for such portions of the Project. 6.2 Payments on Account of Additional Services 6.2.1 Payments on account of the Landscape Architect's Addi- tional Services as defined in Paragraph 1.7 and for - 12 - Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Landscape Archi- tect's statement of services rendered or expenses incurred. 6.3 Payments Withheld 6.3.1 No deductions shall be made from the Landscape Archi- tect's compensation on account of penalty, liquidated damages or other sums withheld from payments to con- tractors, or on account of the cost of changes in the Work other than those for which the Landscape Architect is held legally liable. 6.4 Project Suspension or Termination 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Landscape Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbur- sable Expenses then due and all reasonable Termination Expenses. ARTICLE 7 PROJECT ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. - 13 - ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as instruments of service are and shall remain the property of the Owner whether the Project for which they are made is executed or not. The Drawings and Specifications shall not be used by the Owner on other projects, for additions to this Project, or for completion of this Project by others provided the Landscape Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 8.2 Submission or distribution to meet official regulatory require - meats or for other purposes in connection with the Project is not to be construed as publication in derogation of the Land- scape Architect's rights. ARTICLE 9 TERMINATION OF AGREEMENT 9.1 This Agreement may be terminated by either party upon fourteen (14) days written notice. 9.2 In the event of termination not the fault of the Landscape Architect, the Landscape Architect shall be compensated for all services performed to termination date, together with Reimbur- sable Expenses then due. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 Unless otherwise specified, this Agreement shall be governed by the law of the State of California. - 14 - 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 10.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applic- able statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 10.4 Landscape Architect shall indemnify, defend and hold harmless, Owners, its officers, agents and employees from any and all suits, actions, claims, demands, liability, or loss of any kind, character, name and description, which may arise or be incurred as a result of any injury or damage to persons or property on account of any negligent performance of Landscape Architect's work hereunder. 10.5 Landscape Architect shall secure and maintain professional liability insurance in connection with the services performed hereunder, with limits of liability not less than $500,000 per claim, and annual aggregate. Satisfactory evidence of the required insurance must be provided by either a separate policy or certificate of insurance naming the Owner as an additional insured thereunder. ARTICLE 11 SUCCESSORS AND ASSIGNS 11.1 The Owner and the Landscape Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the - 15 - partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Landscape Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE; 12 EXTENT OF AGREEMENT 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Landscape Architect. ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Landscape Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 13.1 AN INITIAL PAYMENT of $1,500.00 shall be made upon execution of this Agreement. 13.2 Basic Compensation 13.2.1 For Basic Services, as described in Paragraphs 1.1 through 1.5, Basic Compensation shall be based on the actual amount of work completed and shall not exceed a total Basic Compensation of $48,300.00. - 16 - Position Principal Landscape Architect Associate Landscape Architect Professional Staff Clerical/Secretarial Billing Rate $60.00 45.00 36.00 23.00 Landscape Architect will submit progress billing to Owner at the end of each month and Owner has agreed to remit within fifteen to thirty days. 13.2.2 Compensation is based on a Stipulated Sum and payments for Basic Services shall be made for each task as out- lined below: Payment Schedule Task 1 - Data Gathering and Review Task 2 - Preliminary Working Drawings Task 3 - Plan Review and Revision Task 4 - Contract Specifications Task 5 - Construction Review TOTAL FEE $ 3,500 7% 38,100 78% 2,200 5% 2,500 5% 2,000 5% $48,300 100% 13.3 For Project Representation beyond Basic Services, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. 13.4 Compensation for Additional Services 13.4.1 For Additional Services of the Architect, as described in Paragraph 1.7, but excluding Additional Services of consultants, Compensation shall be computed as follows: Additional Services shall be billed on an hourly basis in accordance with Subparagraph 13.2.1. - 17 - 13.4.2 For Additional Services of consultants, as provided n under Subparagraph 1.7.14, a multiple of one point one (1.10) times the amounts billed to the Architect for such services. 13.5 For Reimbursable Expenses, as described in Article 5, a mul- tiple of one point zero (1.00) times the amounts expended by the Landscape Architect, the Landscape Architect's employees and consultants in the interest of the Project. 13.6 Payments due the Landscape Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Landscape Architect. 13.7 The Owner and Landscape Architect agree in accordance with the Terms and Conditions of this Agreement that: 13.7.1 If the scope of the Project or of the Landscape Archi- tect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 13.7.2 If the services covered by this Agreement have not been completed within eighteen (18) months of the date hereof, through no fault of the Landscape Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 14 ARBITRATION 14.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration, arising out of or relating to this Agreement, shall include, by con- solidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This Agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 14.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbit- ration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Any arbitration proceedings pursuant to this Agreement shall be held in San Rafael, California. 14.3 The award rendered by the arbitrators shall include the attorney's fees and other costs of the prevailing party and shall be final, and judgment may be entered upon it in accord- ance with applicable law in any court having jurisdiction thereof. This Agreement entered into as of the day and year first written above. - 19 - ,OWNER: City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 LANDSCAPE ARCHITECT: Brian Wittenkeller 1332 Fourth Street San Rafael, CA 94901 BY: �;�/ BY ; �� �Zi�C c cPa..+1 .4 + 7� (.m yor Attest: (qty lerk) Approved as to Form: (City Attorney) 120 B/15 - 20 -