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HomeMy WebLinkAboutCC Resolution 8158 (Shoreline Enhancement Plan)RESOLUTION NO. 8158 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 Shoreline Enhancement Plan for South Pond, MMWD, Shoreline Industrial Parr and Bayview Marsh. 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 16th day of April , 19 90 by the following vote, to wit: AYES: COUNCILMEMBERS : Boro, Brei ner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS: None JE� . LEONCI I, CITY CLERK I G �Pf�I B,S� AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES FOR SHORELINE ENHANCEMENT PLAN This Agreement is made and entered into this 16th day of APO , 1990 by and between the CITY OF SAN RAFAEL ("City") and MPA Design ("Consultant"). A. SCOPE OF WORK In accordance with this Agreement, the Consultant agrees to provide Professional Landscape Architecture services to prepare the Shoreline Enhancement Plan as outlined and described in Exhibit "A", Scope of Work, attached hereto. The Consultant will prepare and deliver to the City a series of work products as outlined in Exhibit "A", attached hereto. The Consultant agrees to be available and perform the work specified in this Agreement in the time frame as specified and as shown on Exhibit "B", Project Schedule, attached hereto. B. DIRECTION The Consultant, in performance of the Scope of Work referred to above, will work under the direction of the City Manager of the City or the City Manager's appointed representative. 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 snaking the Consultant, or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume an obligation for 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 on a lump sum basis for services rendered in accordance with the rates shown on his current fee schedule, Exhibit "C" attached hereto. (2) The total payment made for any individual work task will not exceed the amounts shown on the Proposal budget, Exhibit "D", attached hereto, without prior authorization by the City. AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR SHORELINE ENHANCEMENT PLAN Page 2 (3) 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. Monthly invoices shall not exceed the following percentage amounts until the particular phase is accepted by the City. Collection and Review of Existing Data 10% Field Investigation and Site Analysis 10% Preliminary Scoping Meeting 10% Conceptual Enhancement Plan 25% Conceptual Enhancement Plan Review 10% Final Enhancement Plan 25% CEQA Documentation 10% (b) Payment shall be due from the City within 30 days of receipt of the invoice. 1.3% interest per month will be applied to the unpaid balance after 30 days. (4) 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) Models, professional renderings or photomontages. (c) Multiple copies of the Final Enhancement Plan other than those agreed to in Exhibit "A", Task 6. (d) Meetings other than Public City Scoping and review Meetings as detailed in Exhibit "A" and regular project coordination meetings with the City throughout the project. 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. AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR SHORELINE ENHANCEMENT PLAN Page 3 (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 F. ABANDONMENT OR 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 peform under this Agreement is extended 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. AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR SHORELINE ENHANCEMENT PLAN Page 4 H. TERMS This Agreement shall terminate October 31, 1990. Either party may earlier terminate this Agreement, with cause, by giving the other party ten (10) days written notice. In the event of termination of this Agreement, 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. 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, C and D may be made by mutual agreement of Consultant and the City Manager of the City. 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 shall be named as additional insureds on all policies of insurance, except the malpractice insurance policy(ies). K. INDEMNITY Consultant shall indemnify, defend and hold the City 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 event there are judicial proceedings instead -)f arbitration, reasonable attorney's fees shall be fixed by the Court. AGREEMENT FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR SHORELINE ENHANCEMENT PLAN 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. IN WITNESS WHEREOF, City and Consultant have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: eanne M. Leoncim City Clerk APPROVED AS TO CONTENT: Pamela J. Nico ai City Manager APPROVED AS TO FORM: C� Gary Ragghian i City Attorney Attachments (5) 67112 APPROVED AS TO EXECUTION: Lawrence E. Mulryan, Mayor 'y City of San Rafael CONSULTANT: Michael Painter MPA Design 1. Exhibit A - Scope of Work and Work Products 2. Exhibit B - Project Schedule 3. Exhibit C - Consultant Fee Schedule 4. Exhibit D - Project Budget Pagc 7 EXHIBIT A SCOPE OF WORK AND WORK PRODUCTS Based upon our understanding of the project and with the assistance and consultation of the Recreation, Public works and Planning Departments, MPA Design and our consultant team will provide the following services for the Shoreline Enhancement Plan: Major Work Task Task 1: Collection and Review of Existing Data Collect and review all reports, plans, maps, documents and other data available from local planning and public work agencies. Prepare project base map at 1" = 40' scale showing two foot contour intervals and tidal elevations. Task 2: Field Investigation and Site Analysis Prepare a plan of existing conditions, constraints and opp,)rtunities. Generally map existing vegetation. Review water quality and salinity, drainage features, extent of tidal inundation, soils, use by wildlife and habitat types. Photograph site. Conduct meetings with individuals knowledgeable with site or with expertise in issues relating to the project site. Product Project Base Plan @ 1" = 40'-0" Site Analysis Plan @ 1" = 40'-0" Photoboards Meeting Notes Task 3: Preliminary Scoping Meeting Meeting Notes Conduct meetings with all agencies that will be involved in the permitting process, including but not limited to: Army Corps of Engineers, BCDC, U.S. Fish and Wildlife Service, Department of Fish And Game, County Open Space, Regional Water quality Control Board, Marin Municipal Water District, local planning agencies, and any local interest groups such as Audobon Society, to discuss habitat enhancement design objectives, public access, constraints, and alternative enhancement designs. Conduct public meetings of Shoreline Committee. Task 4: Conceptual Enhancement Plan Prepare Conceptual Enhancement Plan which shall include: -Statement of existing conditions -Statement of habitat enhancement objectives -Schematic Plan @ 1" = 40'-0" -Schematic sectional views -Preliminary implementation plan -Preliminary cost estimates for each area Conceptual Plan @ 1" = 40'-0" Conceptual Sections at appropriate scale Written Text Major Work Task Product Task 5: Conceptual Enhancement Plan Review Conceptual Enhancement Plan shall be presented to Meeting Notes interested parties identified in Task 3 including Shoreline Committee for review and comment. Identification of any permits or mitigation shall be identified. Task 6: Final Enhancement Plan Following review of the Conceptual Enhancement Plan, Final Enhancement the Plan will be finalized, incorporating all necessary Plan G 1" = 40'-0" revisions. The Final Enhancement Plan shall include: -Statement of habitat enhancement objectives 20 copies of final -Recommendations for grading and excavation, including plan and one camera initial and final elevations. ready original copy -Planting program, specifying planting locations, species, and schedule. -Schematic hydrologic engineering design, if necessary. -Public access facilities designs including location and type of paths, parking areas, landscaping, access barriers, and furnishings. -Maintenance and monitoring program. -Cost Estimation for construction drawings and specifications of each area. -Cost Estimation for plan implementation maintenance, and monitoring of each area. Present to Shoreline Committee, and all City Agencies required for approval including Park and Recreation Commission and City Council. Task 7: CEQA Documentation Determine if the project qualifies for a Categorical Completed Forms as Exemption. If not, prepare a Negative Declaration. required Preparation of an Environmental Impact Report is not included in this scope of work. PROJECT SCOPE The specific parcels to be designed as part of the Shoreline Enhancement Plan include South Pond, Bayview Marsh, Pelican Way Entrance, MMWD Pond, Shoreline Industrial Park Access, and Shoreline Industrial Park 'Green' as defined in the San Rafael Shoreline Park Master Plan. EXHIBIT B PROJECT SCHEDULE The proposed project schedule is based upon an 18 week schedule starting April 30, 1990 and finishing August 31, 1990. Estimated Major Work Task Duration Completion Time 1. Collection and Review of Existing Data 2 weeks May 11, 1990 2. Field Investigation and Site Analysis 2 weeks May 25, 1990 3. Preliminary Scoping Meeting 1 week June 1, 1990 4. Conceptual Enhancement Plan 4 weeks June 29, 1990 5. Conceptual Enhancement Plan Review 3 weeks July 20, 1990 6. Final Enhancement Plan 4 weeks August 17, 1990 7. CEQA Documents 2 weeks August 31, 1990 EXHIBIT C MPA Design will serve as the Prime Consultant for the Shoreline Enhancement Plan project. Sub -consultants to the project shall include: Hydrology: Philip Williams Time and materials basis Pier 36, The Embarcadero not to exceed $5000.00. San Francisco, CA 94111 Biological: Western Ecological Services Company (WESCO) 14 Gaili Drive, Suite A Time and materials basis Novato, CA 94947 not to exceed $5000.00. HOURLY RATES FOR EXTRA SERVICES Following is the MPA Design hourly rate schedule for authorized extra services that will be in effect from January 1, 1990 to December 31, 1990. Principal (President) $120.00 Principal 90.00 Senior Associate 80.00 Associate 75.00 Project Manager/Senior Designer 60.00 Senior Staff/Job Captain 60.00 Intermediate Staff 50.00 Junior Staff 42.50 Word Processor/ Clerical 44.00 EXHIBIT D PROJECT BUDGET A detailed cost estimate for providing services to complete the Shoreline Enhancement Plan project within a lump sum budget of $48,000 includes the following itemized elements. Major `York Task Fee 1. Collection and Review of Existing Data $ 4,800 2. Field Investigation and Site Analysis 4,800 3, Preliminary Scoping Meeting 4,800 4. Conceptual Enhancement Plan 12,000 5. Conceptual Enhancement Plan Review 4,800 6. Final Enhancement Plan 12,000 7. CEQA Documentation 67113 4,800 Project Total $48,000