HomeMy WebLinkAboutCC Resolution 5385 (Pickleweed Park Design)r
RESOLUTION NO. 5385
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
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 a lease or agreement with
R. BRUCE SHAFFER AND ASSOCIATES FOR DESIGN OF PICKLEWEED
PARK
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 fore(loinq resolution was duly and
regularly introduced and adopted at a, regular meeting of
the City Council of said City held on Monday
the fifth day of December 1977 by the following
vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
J N -M. LEONCINI, -ty Clerk
AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES
THIS AGREEMENT is made and entered into this 21st day of February ,
1978, by and between the CITY OF SAN RAFAEL, a Municipal Corporation of
the State of California, hereinafter called "City", and R. BRUCE SHAFFER,
4340 Redwood Highway, Suite 238, San Rafael, California, hereinafter
called "Landscape Architect".
Recitals
City contemplates expansion of City's Pickleweed Park in East San
Rafael.
City desires to employ the services of said Landscape Architect for
preparation of a Master Plan, preliminary plans, preliminary cost esti-
mate, working drawings/specifications, bidding documents, final cost
estimate, project coordination, and construction staking relating to the
proposed improvements of Pickleweed Park.
Agreement
1. General.
City engages Landscape Architect to furnish the services herein-
after mentioned, at and for the compensation herein stipulated, and
Landscape Architect accepts said engagement upon said terms.
2. Duties of Landscape Architect.
Landscape Architect shall:
(a) Attend City Staff, Commission, and/or Community conferences
to establish general attitude on program and development envisoned by the
City, and meet as necessary thereafter with City Staff.
(b) Prepare schematics, preliminary plans, preliminary cost
estimate, and final Master Plan for Pickleweed Park.
(1) Preliminary Plans. The Landscape Architect shall pre-
pare Preliminary Plans of the site for approval by the City Council. Said
plans shall consist of a site, grading and landscape plan, and a brief
description in writing of the type of construction and character of
materials to be used. The Landscape Architect shall prepare said Prelim-
inary Plans in such a manner and with sufficient detail and particularity
1.
to show, as applicable, the nature, function, size, extent, and general
appearance of the proposed project.
(2) Preliminary Cost Estimate. The Landscape Architect
shall present to the Council simultaneously with the preliminary plans
an estimate of the cost of the project as proposed. The City Council
shall approve said cost estimate or establish a different figure as the
construction budget for the project. The figure set by the Council
shall constitute the limitation on cost of the work.
(c) Furnish and deliver to the City rendered preliminary plans,
sketches, Master Plan, and preliminary cost estimate, and prepare a brief
report of the Master Plan and assist in presenting the blaster Plan to the
Community.
(d) Furnish and deliver to City for review and approval, upon
written approval by City of the items specified under Preliminary Plans
and Preliminary Cost Estimate, final working drawings, specifications,
final cost estimate, and bidding documents in sufficient form for bid-
ding purposes.
(1) Preparation of final construction documents, consist-
ing of working drawings, specifications, final cost estimate, and bidding
documents for all architectural, civil, structural, mechanical and
electrical work.
(2) The Landscape Architect shall retain, as necessary,
licensed, professional consultants, who shall be approved by City, to
work with the Landscape Architect on specific phases of the work for
which the Landscape Architect's license does not qualify him, including
but not limited to architectural, civil engineering, structural, mechan-
ical and electrical engineering. Payment for consultants shall be made
by the Landscape Architect for said consulting services. In this regard,
Landscape Architect shall provide through consultants the following:
a. A site layout, showing location of improvements,
and existing and finish grades.
b. Construction staking.
C. Civil, structural, mechanical, electrical and
other laboratory tests, inspections and reports
as required by law or the contract documents.
2.
(e) The Landscape Architect shall be responsible for project
coordination during the construction phase of the work. The construction
phase will commence with the award of the construction contract and will
terminate when the final certificate of payment is issued for each phase
of the work. The Landscape Architect shall at all times have access to
the work, wherever it is in preparation or progress. The Landscape
Architect shall perform the following services during this phase:
(1) The Landscape Architect shall make periodic visits
to the site to familiarize himself generally with the progress and qual-
ity of the work and to determine in general if the work is proceeding in
accordance with the contract documents. On the basis of his on-site
observations as a landscape architect, he shall endeavor to guard the
City against defects and deficiencies in the work of the Contractor.
The Landscape Architect and/or his consultants shall be required to
make sufficient on-site inspections to check the quality or quantity
of the work.
(2) Based on such observations at the site, the Landscape
Architect shall determine the amount owing to the Contractor and shall
issue Certificates for Payment in such amounts. The issuance of a Cer-
tificate for Payment shall constitute a representation by the Landscape
Architect to the City based on the Landscape Architect's observations at
the site and the data comprising the application for payment supplied by
the contractor, that the work has progressed to the point indicated;
that to the best of the Landscape Architect's knowledge, information and
belief, the quality of the work is in accordance with the contract docu-
ments (subject to an evaluation of the work for conformance with the
contract documents upon substantial completion, to the results of any
subsequent tests required by the contract documents, to minor deviations
from the contract documents correctable prior to completion, and to any
specific qualifications stated in the Certificate for Payment) and that
the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Landscape Architect shall not
be deemed to represent that he has made any examination to ascertain how
3.
and for what purpose the Contractor has used the moneys paid on account
of the contract sum.
(3) The Landscape Architect shall be, in the first instance,
the interpreter of the requirements of the contract documents and the im-
partial judge of the performance thereunder by both the City and Con-
tractor. The Landscape Architect, in conjunction with City, shall make
decisions on all claims of the Contractor relating to the execution and
progress of the work and on all other matters or questions related thereto.
The Landscape Architect's decisions in matters relating to artistic effect
shall be final if consistent with the intent of the contract documents.
(4) The Landscape Architect, in conjunction with City,
shall have authority to reject work which does not conform to the contract
documents. Whenever, in his reasonable opinion, he considers it necessary
or advisable to insure the proper implementation of the intent of the
contract documents, he will have, with City's approval, authority to
require special inspection or testing of any work in accordance with
the provisions of the contract documents, whether or not such work be
then fabricated, installed or completed.
(5) The Landscape Architect shall review and approve shop
drawings, samples, and other submissions of the Contractor only for con-
formance with the design concept of the project and for compliance with
the information given in the contract documents.
(6) The Landscape Architect, in conjunction with City,
shall approve Change Orders.
(7) The Landscape Architect shall not be responsible for
the acts or omissions of the Contractor, or any subcontractors, or any
of the Contractor's or subcontractors' agents or employees, or any other
persons performing any of the work.
(8) If more extensive representation at the site than is
herein described is required and if the City and Landscape Architect
agree, the Landscape Architect will provide such service and be com-
pensated for same.
(9) The Landscape Architect shall conduct one overall
inspection to determine the date of final completion and shall issue a
Final Certificate of Payment.
4.
(10) Preparation of a set of reproducible as -built draw-
ings on polyester film showing changes in the work made during the con-
struction process, based on marked -up prints, drawings and other data.
(f) Additional services will be provided by the Landscape Archi-
tect when authorized in writing by the City, and they shall be paid for
by the City as herein provided.
(1) Preparing documents for alternate bids or out -of -
sequence services requested by the City.
(2) Making revisions in drawings, specifications, or other
documents when such revisions are inconsistent with written approvals or
instructions previously given and are due to causes beyond the control
of the Landscape Architect.
(3) Providing professional services made necessary by
the default of the Contractor.
(4) Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration proceeding or legal
proceeding.
(5) Providing any other services not otherwise included in
this Agreement or not customarily furnished in accordance with generally
accepted landscape architectural practice.
(6) Providing services after issuance to the City of the
Final Certificate of Payment.
(7) Providing additional services significantly beyond
those specified in the time schedule or scope of services. Specifically,
community (user) meetings to determine the scope of work and approval
thereof have been allocated a total of ten (10) meetings. Community
(user) meetings related to scope of work and approval in excess of ten
(10) shall be considered as additional services.
(g) Services not included in the scope of landscape architect-
ural work are: soils engineering, agency permits, Environmental Impact
Reports, marine work, levee reconstruction or riprap placement.
(h) Landscape Architect shall, at his own expense, prepare and
furnish to City ten (10) sets of Preliminary Plans and Cost Estimates,
and twenty-five (25) sets of final working drawings, specifications and
bid documents. All documents furnished City under this Agreement shall
5.
become the property of City, but may not be used elsewhere after comple-
tion of the project without agreement of the Landscape Architect.
3. Duties of City.
City shall:
(a) Provide Landscape Architect any records afid Maps, including
aerial and contour maps, available in City's files or any other such
information to aid Landscape Architect in his studies for successful
planning and designing of the project.
(b) Review and approve Landscape Architect's Master Plan, pre-
liminary plans and cost estimate, working drawings and specifications,
bidding documents and final cost estimate.
(c) Advertise for public bids, process said bids and, after
conferring with Landscape Architect, award contract.
(d) Administer the construction contract.
(e) Supervise the project.
(f) Provide comprehensive project construction inspection.
(g) Provide data for Landscape Architect for preparation of
as -built drawings.
4. Payments by City.
City shall pay the Landscape Architect, upon receipt of monthly
invoices, in accordance with the attached schedule of rates (Exhibits A
and B). The total of all payments shall not exceed $41,841.00. The
maximum amount to be invoiced prior to the filing of a Notice of Comple-
tion on the construction project shall not exceed ninety percent (90%) of
the Landscape Architect's total fee. The balance of said fee shall be
invoiced to City and payable only after the filing of said Notice of
Completion and acceptance of the total project by City.
5. Schedule of Landscape Architect's Services.
Landscape Architect agrees to complete and deliver to City the
following data within the times specified herein from the date of this
Agreement:
(a) Schematic Plans, Preliminary Plans, Preliminary
Cost Estimate, and Final Master Plan . . . . . 120 days
(items 2a, b and c above)
C-!
(b) Final Working Drawings, Technical Specifica-
tions, Final Cost Estimate, and Bidding
Documents (item 2d above) (120 days + 90 days) . 210 total
days
6. Termination.
City may at its sole discretion terminate this Agreement by
written notice delivered personally or mailed to Landscape Architect.
In the event of such termination, Landscape Architect shall forthwith
discontinue further services. Landscape Architect shall be paid all
sums due to him at time of termination and the reasonable value of ser-
vices then due and rendered up to the time of termination.
In the event of such termination, Landscape Architect shall turn
over to City one copy of any and all studies, sketches, drawings, specif-
ications, computations, and all other data relative to this project,
whether completed or in the course of preparation, as the permanent
property of City.
7. Non -Assignment.
This Agreement shall not be assignable by either City or Land-
scape Architect.
8. City's Agent.
Unless otherwise provided in this Agreement, the City Manager
or his delegate is the agent authorized to act for City.
9. Progress of Work.
Landscape Architect shall commence performance of this Agreement
immediately upon execution thereof, and shall prosecute the same to com-
pletion without delay.
10. Insurance; Landscape Architect to Hold City Harmless.
Landscape Architect hereby agrees to hold harmless the City of
San Rafael, its officers, agents and employees, from any and all liabil-
ity arising out of the performance of the work described herein, includ-
ing cost of defense, which is solely the result of errors, omission or
negligent performance by Landscape Architect, his agents or employees.
Landscape Architect shall maintain insurance satisfactory to
the City Attorney covering his liability under this contract.
7.
11. Landscape Architect Independent of City.
In accepting this contract, Landscape Architect certifies
that no member or officer of the firm or corporation is an officer or
employee of the City of San Rafael.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executive the day and year first above written.
ATTEST:
2;Z City"Clerk
REGINA A. BU.CHANAR . Deputy City Clerk
APPROVED AS TO FORM:
wi/j-abl 71.
City Attorney
CITY OF SAN RAFAEL
By 4<a aig6��
Mayor
R. BRUCE SHAFFER, A.S.L.A.
Registered California Landscape
Architect No. 977
,r
By
Landscape Whitect
M
EXHIBIT "A" PICKLEWEED PARK EXPANSION
f1 JANUARY,31, 1978
PROFESSIONAL SERVICES ARE TO BE PROVIDED ON A TIME AND MATERIAL BASIS
IN ACCORD WITH THE PROGRESS OF THE WORK AT THE BELOW LISTED RATES:
LANDSCAPE ARCHITECT/PROJECT COORDINATOR
R. Bruce Shaffer ASLA
Principal $30.00 per hour
Associates $25.00 per hour
Draftsman $15.00 per hour
ARCHITECTS
Chambers/Huerto-Rojo Associates
Principals $30.00 per hour
Draftsman $25.00 per hour
CIVIL ENGINEER*
Simpkins Associates, Inc.
Principal $50.00 per hour
Jr. Engineer $30.00 per hour
Computer
Draftsman $25.00 per hour
Two Man
Survey Crew $67.00 per hour
WESTERN ECOLOGICAL SERVICES COMPANY (WILDLIFE CONSULTANT)
Principals - $25.00 per hour
Staff $20.00 per hour
Other professional consultants such as Mechanical & Electrical Engineers
will be billed at cost. These expenses are included within the total fee.
Materials such as photography, production printing of contracts documents
and reports will be billed at cost and are included -within the total fee.
*Labor agreements anticipate salary increases on July 1, 1978 and all hourly
rates are to be increased proportionately at that time.
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