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HomeMy WebLinkAboutCC Resolution 11724 (Landscape Architectural Services; Abey/Arnold)RESOLUTION NO. 11724 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND ABEY/ARNOLD ASSOCIATES FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES TO DESIGN AND CONSTRUCT ADA UPGRADES TO SUN VALLEY PARK (Term Of Agreement — One Year Commencing on April 5, 2005 and Ending on April 5, 2006; Upon Mutual Agreement of Parties, and Subject to Approval of City Manager, Term Shall be Extended For an Additional Period of One Year) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, Sun Valley Park is a 56 year-old hillside installation; and WHEREAS, the Department of Justice audit of City facilities for Americans With Disabilities Act compliance determined Sun Valley Park has numerous access violations; and WHEREAS, the City requires landscape architectural services to design and construct ADA upgrades to Sun Valley Park; and WHEREAS, the landscape architectural firm of Abey/Arnold Associates has the expertise, training, and ability to provide such services NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael authorizes the City Manager to enter into a Professional Services Agreement with the firm of Abey/Arnold Associates to provide landscape architectural services as described above, 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 Regular meeting of the City Council of said City held on Monday, the fourth day of April, 2005, by the following vote to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANME M. LEONCINI, CITY CLERK AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND ABEY/ARNOLD ASSOCIATES FOR PROFESSIONAL LANDSCAPE ARCHITECTUAL SERVICES This Agreement is made and entered into this 4th day of April 2005, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Abey/Arnold Associates (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the City requires landscape architectural services to design and construct ADA upgrades to Sun Valley Park; and WHEREAS, The landscape architectural firm of Abey/Arnold Associates has the expertise, training, and ability to provide such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Public Work Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Phil Abey is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 3. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as described in Exhibit A Fee Proposal for the Sun Valley Park ADA Upgrades Project. 4. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 5, and perform the duties as described in Exhibit A attached and incorporated herein. 5. COMPENSATION. 1 C'u,"V7"y For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "A", not to exceed $30,500 plus reimbursable expenses at cost plus 15%. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 6. TERM OF AGREEMENT. The term of this Agreement shall be for one year commencing on April 5, 2005 and ending on April 5, 2006. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement shall be extended for an additional period of one year. 7. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of Contractor's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 8. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 9. INSPECTION AND AUDIT. 2 Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 11. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million($ 1,000,000) dollars to cover any claims arising out of the Contractor's perfonnance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 3 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 13. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: TO CONTRACTOR: Andrew Preston, Director of Public Works City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 Phil Abey, Principal Abey/Arnold Associates 1005 A Street, Suite 305 San Rafael, CA 94901 17. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. 5 B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. COSTS AND ATTORNEY'S FEES. The prevailing parry in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 22. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. Contractor's taxpayer identification number is 68-0241150, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager J&UqRE M. LEONCI I, City Clerk dIlle Attorney CONTRACTOR ByfAbe /ld Associates Name: Phil Abey Title: Principal March 17, 2005 Carlene McCart 618 B Street San Rafael, CA 94901 Dear Carlene: Per your request we have outlined our fee proposal for the Sun Valley Park ADA Upgrades Project. This is an updated proposal that includes public meetings and an anticipated project schedule. The primary scope of work includes: 1 . Replace the existing restroom with and accessible restroom. 2. Replace the existing group picnic and arbor with an accessible design that includes shade arbor and picnic tables. 3. Accessible pathways and steps between the play area and restroom/group picnic areas. 4. Accessible pathways between the play area and the basketball/volleyball courts. 5. Accessible ramping and steps between Solano Street and the park. 6. Provide accessible path to upper gazebo from restroom area. We will use the Department of Justice Audit of the park as a starting point when we start working on the project. Anticipated Construction Budget. • $230,000 - $300,000 Scope of Work and Fee Work Task Fee I. Existing Conditions Site Survey $4,000.00 A. Hire surveyor to record existing features and topographic conditions. II. Landscape Illustrative Plan $6,500.00 A. Use Site Survey for base information for Illustrative Plan and Construction Documents. B. Community meeting #1 to present task of upgrading for ADA and gather input. C. Community meeting #2 to present design and gather response to plan. D. Illustrative Plan of proposed improvements. Overall plan and phase I identification. E. Two meetings with City staff. 1111. Landscape Construction Documents $17,500.00 A. Continue work based on Illustrative Plan. B. Layout Plan and Details. C. Grading Plan and Details. D. Turf planting adjustments. E. Irrigation adjustments at turf. F. Specifications. G. Check to see if we need to submit planting and irrigation plans to MMWD. H. Pre-bid opinion of probable installation costs. I. Two meetings with City staff. J. Provide documents for bidding and installation. IV. Bidding Phase (As required) V. Construction Administration (As required) A. Review of bids for compliance with Construction Documents. B. 4 Site visits and accompanying reports during installation. C. It is anticipated that San Rafael Public Works will handle the majority of the responsibilities under this phase. VI. Reimbursable Expenses A. Miscellaneous: shipping, repro. costs, etc $1,000.00 $1,500.00 Cost plus 15% Item II, III, IV and V will be billed monthly. Any work provided in addition to items above will be billed as extra services at $120.00 per hour for consultation and meeting time, $100 per hour for design time and $85.00 per hour for drafting and administration or on an agreed upon lump sum basis. Anticipated Project Schedule Work Task Complete Contract for Design: Topographic and Existing Conditions Survey: Preliminary Design: Meet with Staff to review exhibits for public meeting #1: Public meeting #1 to present task of upgrading for ADA and gather input: Generate Illustrative Plan: Meet with Staff to review exhibits for Public meeting #2: Public meeting #2 to present design Taraet Date March 31, 2005 April 30, 2005 May 15, 2005 May 31, 2005 June 30, 2005 July 15, 2005 Sun Valley Park ADA upgrades 2of 3 and gather response to plan: July 29, 2005 Revise Illustrative Plan if required: August 31, 2005 Parks and Recreation presentation: Sept. 16, 2005 Construction Documents: 50% Submittal: October 31, 2005 Redline comments from staff: Nov. 15, 2005 90% Submittal: Nov. 30, 2005 Redline comments from staff: Dec. 15, 2005 100% Submittal: January 31, 2006 100% Plans, Specifications and Estimates Completed and ready for bidding: February 1, 2006 Bidding Phase: February, 2006 Installation Phase: April - July 2006 Please call me if you need any additional information. Sincerely, Phil Abey Sun Valley Park ADA upgrades Sof 3