HomeMy WebLinkAboutCC Resolution 10954 (Donald Blayney & Associates)RESOLUTION NO. 10954
A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH DONALD
BLAYNEY & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $26,985
AND APPROPRIATING SAID AMOUNT FROM FUNDS ALLOCATED
FOR MEDIAN PARTNERSHIPS
WHEREAS, the City Council has determined that the City of San Rafael is
interested, as a matter of policy, in partnering with neighborhoods that are interested in
improving the medians in individual neighborhoods; and
WHEREAS, the City Council has designated funds for this purpose, to be
allocated on a first come basis; and
WHEREAS, the Santa Margarita Neighborhood Association has requested
that the City Council consider a median partnering project on Del Ganado Road; and
WHEREAS, the Association has committed to raise fiends for one half the cost
of the proposed improvements; and
WHEREAS, the first step in fundraising is the preparation of plans for the
proposed improvements which requires the engagement of a landscape architect; and
WHEREAS, the Association and staff are recommending the firm of Donald
Blayney & Associates to prepare the necessary plans and specifications.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Rafael hereby authorizes the Director of Public Works to sign a professional services
agreement with Donald Blayney & Associates in an amount not to exceed $26,985 and
authorizes the expenditure of funds allocated for median partnerships.
\O
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
Council of said City on Monday, the 5 I day of November, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEONC NI, City Clerk
File No.: 16.09.07
AGREEMENT
FOR PROFESSIONAL SERVICES
TO PREPARE PLANS AND SPECIFICATIONS FOR THE DEL GANADO
DITCH LANDSCAPING PROJECT
This Agreement is made and entered into this 5`h day of November, 2001, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DONALD L. BLAYNEY &
ASSOCIATES (hereinafter "CONTRACTOR).
RECITALS
WHEREAS, the CITY has determined that civil engineering consulting services are
required to design and prepare plans and specifications for the Del Ganado Ditch (Santa Margarita
Landscape Improvements) (hereinafter "PROJECT"); and
WHEREAS, the CONTRACTOR has offered to render certain specialized professional
services in connection with this Project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. DEFINITIONS.
2. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The City Engineer 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. Don Curry 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 follows; the
CONTRACTOR agrees to provide professional services as a Civil Engineering Consultant to prepare
civil improvement plans, specifications, and estimates associated with the widening of Second Street,
including, but not limited to, roadway widening, curb relocation, utility relocation, and surveying, as
outlined in the Proposal from CONTRACTOR dated September 21, 2001, marked Exhibit "A", attached
hereto, and incorporated herein by this reference. The CONTRACTOR agrees to be available and
perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "A".
4. DUTIES OF THE CITY
CITY shall perform the duties as described in Exhibit "A" attached hereto and
incorporated herein.
5. COMPENSATION
For the full performance of the services described herein by CONTRACTOR,
CITY shall pay CONTRACTOR for services rendered in accordance with the rates shown on the current
fee schedule as described in Exhibit "A" attached and incorporated herein. The total payment made for
any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit
"A"
Payment will be made monthly upon receipt by PROJECT MANAGER of
itemized invoices submitted by CONTRACTOR.
is complete.
6. TERM OF AGREEMENT
The term of this Agreement shall be from the date of execution until the Project
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 ten
(10) 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 notice, to the reasonable satisfaction of the party giving
such notice, within thirty (30) days of the receipt of said notice.
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
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. ASSIGNABILTY
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 performance 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 contractural liability and personal injury;
3. Except for professional liability insurance, the insurance policies shall
be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named
insureds under the policies;
4. CONTRACTOR shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies;
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 PROJECT 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 PROJECT 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, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any
kind, including attorney's fees, 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.
12. 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, ordinance, 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: Mr. David M. Bernardi, (Project Manager)
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Donald L. Blayney
Donald L. Blayney & Associates
990 A Street, Suite 202
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.
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 party 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 N — 3 4�0 5'$0 (o , 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.
Director of Public Works
ATTEST:
Oi Clerk
CONTRACTOR
Don ld L. Blay
City A
Agreement • 7
Ia+4. a 1.119
DONALD L. BL4YJNTEY & ASSOCIATES
I..I A'I)SC'.I PE .ARC'HITEC'TURE & PLANNING
September 21, 2001
Mr. David M. Bernardi,
Director of Public Works
1400 fifth Street, P.O. Box 60
San Rafael, California 94915-0060
Regarding
Professional Landscape Architectural Services for;
DEL GANADO ROAD
CONCEPTUAL DESIGN REVIEW
CONSTRUCTION DOCUMENTS
City of San Rafael, California
Dear David;
Thank you for your consideration in Donald L Blayney & Associates for this project. For your
review and consideration, I am pleased to submit the following proposal for professional Landscape
Architectural Services for the Del Ganado Road Landscape improvement project.
As always, I am very excited about this project, our continuing working relationship with the City.
The proposal has been written in a format that Andy Preston has requested on previous and current
projects that we are currently providing landscape services on. I have included a work task outline
with hours related to each task so that the project selection committee can see were we are
estimating time with related fees. As in pasted projects I am proposing that Donald L Blayney &
Associates work on a Time and Material basis with a not to exceed amount as a cap.
CSW St2 will be the civil on the team responsible for all civil work and if required a new site survey
for the project area. We are hoping that the City's existing GPS mapping will provide us with the
information needed to prepare the construction Documents. The fees for the new survey have been
separated out as a line item.
If you have any questions or comments, please do not hesitate to contact us at, 415.258.9666.
Sincerely,
DONALD L BLAYNEY & ASSOCIATES
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EXHIBIT "A"
DONALD L. BLAYNEY & ASSOCIATES
LANDSCAPE ARCHITECTURE & PLANNING
September 21, 2001
Mr. David M. Bernardi,
Director of Public Works
1400 fifth Street, P.O. Box 60
San Rafael, California 94915-0060
Regarding
Professional Landscape Architectural Services for;
DEL GANADO ROAD
CONCEPTUAL DESIGN REVIEW
CONSTRUCTION DOCUMENTS
City of San Rafael, California
Dear David;
For your review and consideration, I am pleased to submit the following proposal for professional
Landscape Architectural Services for the above-mentioned project.
The following work tasks are based on the existing conceptual Master Plan and the work
anticipated to complete the Construction Documents required for implementation of the landscape
medians for Del Ganado Road Landscape Improvements.
SCOPE OF WORK
Conceptual Design Review
(Items 1 through 5)
A. Existing Landscape Improvement Plans (20 scale plans) -This Item to include, but not
limited to;
City- Provide to Consultant all existing materials related to the project.
Consultant -field verifies base information provided by city to determined if a new survey
would be required. Review "Preliminary design concepts" and incorporate any new ideas or
preferred design changes. Attend meeting as required with City and/or Santa Margarita
Neighborhood Association.
Construction Documents
(Items 6 through 7)
Prepare Construction documents for the bidding and construction of the Del Ganado Road, San
Rafael.
A. Base information Plans (20 scale plans) -This Item to include, but not limited to;
City -Provide consultant existing utilities layout based on information provided by utility
companies, CAD base information, proposed intersection layout and traffic signal locations,
and specifications of like materials on related projects.
Consultant -field verifies base information provided by city and review final base with city
prior to starting construction documentation.
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B. Landscape Improvement Plans (20 scale plans) -This Item to include, but not limited to;
City- Standard specifications of construction items for related work.
Consultant Plans -Provide site construction plans and details, planting plans and Irrigation
plans.
Specifications -Provide specification for all items detailed per the construction
documents.
C. AdditionaUMisc. Items -This Item to include, but not limited to;
City and Consultant -Coordinate work with MMWD and the Santa Margarita
Neighborhood Association in conjunction with the city, and review bids in
conjunction with the city.
D. Fee Budget
For your convenience we have added a break down of man-hours to the Fee estimate so that
you can see were we have estimated time being spent related to fees.
Consultant
Landscape Architect (on an time and materials Basis not to exceed)
$16,985.00*
Sub -consultant Irrigation
$3,000.00
Sub -consultant Civil
$7.000.00
Project fee Estimate
$269985.00
*DLBA will provide services on a time and Material basic with a cap of not to
exceed $16,985.00.
Donald L. Blayney & Associates welcomes the opportunity to negotiate the above fee budget
proposal, detailed scope of work, products and reimbursable expenses described within this
proposal.
New Topographical site Survey (if required) by CSW/ST2 (EXTRA) $4,500.00
(See proposal exclusions)
Printing and Reproduction Cost+10%
Mileage $.35 per mile
CADD Plots (2436) $12.00 per plot
E. Proposal Exclusions
1. Existing base information in CADD form,
2. City standard specification boilerplate,
3. Contract administration,
4. new survey of project area (if required)
F. Deliverables - Final improvement plans
Cover Sheet
Site Demolition Plan
Grading and drainage Plan
Construction and Layout Plan
Construction Details
Civil Construction Details
Planting Plan and Details
Irrigation Plan and Details
Specifications in City format
and
Quantity Estimate (at 50% of final CD stage).
2
G. Tentative Schedule
From authorization to proceed
Base and field verification Approximately 3 weeks
50% submittal w/const. costs Approximately 4 weeks
90% submittal w/spec.'s Approximately 4 weeks
100% submittal Approximately 2 weeks
If new site survey is required add 2 to 3 weeks to the tentative schedule.
As always, I am very excited about this project and our continuing working relationship.
If you have any questions or comments, please do not hesitate to contact me at, 415.258.9666.
DONALD L. BLA
;ly,
& ASS TES
L. Bl*ney, ASLA
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L
DONALD L. BLAYNEY & ASSOCIATES
L.-1NDSC.-1PE.-1RCHITECTURE & PLANNING
TERMS OF AGREEMENT
BETWEEN
CLIENT AND LANDSCAPE ARCHITECT
I. CHARGES FOR SERVICES
Charges for Basic and Extra Services shall be based on an hourly rate not to exceed the following schedule:
Principal's Time
Associate's Time
Assistant's Time
Clerical and Office
Consultant's Time (at cost)
$ 85.00
$ 75.00
$ 65.00
$ 45.00
$ 85.00 to $ 150.00
All of these rates are for twelve months from the date of Agreement for Professional Services, but may be increased
periodically.
EXPENSES
CADD Plots 24 x 36
Automobile Travel
Airfare and Car Rental
Overnight Travel
Blueprint and Reproductions
$12.00 each
$ .35/mile
Cost Plus 10%
Cost Plus 10%
Cost Plus 10%
Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual
expenditures made by the Landscape Architect, his employees or his professional consultants in the interest of the
project.
Il. OWNERSHIP OF DOCUMENTS
All reports, plans, specifications and other documents prepared by the Landscape Architect as instruments of service
shall remain the property of the Landscape Architect, whether or not the project for which they are made is executed.
The Landscape Architect shall retain these records for a period of 10 years following completion of services, during
which period they will be made available to the Client.
III. PAYMENTS
Statements for the work shall be rendered monthly in proportion to the amount of work completed. Bills unpaid
after one month shall be subject to a 1 1/2% per month, an annual rate of 18%.
Donald L. Blayney and Associates reserves the right to suspend work on any project when invoices have not
been paid within sixty days after having been rendered.
1-1-00
Urban Design ■
Park Planning ■
!_and Use Planning ■
-415'', , 58.9666 l'. ■
990 ".1- Street Suitc 20'
Calilcu'uia Rc:istnuinn O
■ Campus Plamiin,S
■ Re.%idential Desi,;n
■ Gall'Caurse Design
■ F. 415.258. 9888
San Ralacl Calilarnia 94901
■ .Vru•A/c.ricn Re,,ntraticm # ll5