HomeMy WebLinkAboutPW Pickleweed Park Enhancement Project____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: November 7, 2022
Disposition: Resolution 15154
Agenda Item No: 4.e
Meeting Date: November 7, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller, Public Works Director City Manager Approval: ______________
File No.: 06.07.11
TOPIC: PICKLEWEED PARK ENHANCEMENT PROJECT
SUBJECT: ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GATES +
ASSOCIATES FOR LANDSCAPE ARCHITECTURAL AND ENGINEERING DESIGN
SERVICES ASSOCIATED WITH THE PICKLEWEED PARK ENHANCEMENT
PROJECT, CITY PROJECT NO. 11376, IN THE AMOUNT NOT TO EXCEED $498,734
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution approving and authorizing the City Manager
to execute a professional services agreement with Gates + Associates for landscape architectural and
engineering design services associated with the Pickleweed Park Enhancement Project, City Project No.
11376, in the amount not to exceed $498,734.
BACKGROUND:
The Pickleweed Park, located in the southeast part of the City of San Rafael, is one of the most used
parks and community centers in San Rafael. While Pickleweed Park is closer in size to a city-wide park,
it is used predominately by the surrounding neighborhood and serves those within walking distance. The
Canal neighborhood, which surrounds the park, gathers there for their social, educational, spiritual, and
recreational needs.
The City worked with the community to identify priority improvements and pursue funding opportunities
to renovate the Pickleweed Park to better meet the needs of the surrounding community. The conversion
of the fields at Pickleweed Park to synthetic turf for year-round access was highlighted as a top priority
for the City and the Canal neighborhood. The existing grass turf field that exists today is closed for around
six months of the year to restore the field from the extensive use. As such, in early 2022 the City
contracted with consultants from the Master Services Agreement list to start the design and permitting
process for the field renovation in anticipation of using either grant funds or City funds.
The City initially pursued a Proposition 68 Statewide Park Program competitive grant but was
unsuccessful in the application. On February 22, 2022, the City Council approved the application for Land
and Water Conservation Fund (LWCF) for the Pickleweed Park Enhancement Project, which detailed a
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
total funding request of $4,240,000 from LWCF with a required City match of $4,240,000. As of July 2022,
California State Parks has recommended the Pickleweed Park Enhancement Project to the National Park
Service for the LWCF grant.
In addition to the field renovation, the Pickleweed Park Enhancement Project will be adding amenities
including a basketball/sport court, playground structure for children under five, fitness equipment for
adults, shaded seating, and gazebo. The project will also provide a renovated restroom, more
landscaping and parking, and additional lighting and security cameras for improved security. These
improvements will expand and increase outdoor recreation opportunities at Pickleweed Park.
On August 30, 2022, the City released a Request for Proposals (RFP) for landscape architectural and
engineering design services. The scope of services described in the RFP includes all the improvements
listed above except for the field renovation, which has been under design.
ANALYSIS:
On September 27, 2022, two proposals from qualified firms were received. Both firms were evaluated
and interviewed by City staff based on criteria specified in the RFP including, but not limited to,
completeness of the Proposal, relevant experience and success in similar projects, experience and
quality of project team, understanding of the project scope of work, ability to meet deadlines and operate
within budget, familiarity with federal grant procedures, and references by former clients on similar
projects. City staff found Gates + Associates (“GATES”) and their subconsultants to be the most qualified
consultant team for this project. GATES has submitted a proposal to perform landscape architectural and
engineering design services, which staff has reviewed and found to be complete and within industry
standards.
The recommended Professional Services Agreement with GATES will provide project management and
coordination services, develop conceptual plans, provide environmental compliance and permitting
support, develop construction contract documents including an order-of-magnitude construction estimate
for budgeting purposes, and to provide construction support.
ENVIRONMENTAL DETERMINATION:
In November 2020, a notice of exemption (NOE) was filed with findings that the Pickleweed Park
Enhancement Project meets the requirements of following categorical exemptions: Existing Facilities
(§15301); Replacement or Reconstruction (§15302); New Construction or Conversion of Small Structures
(§15303); Minor Alterations to Land (§15304(b), (f)); and Accessory Structures (§15311(b)). As such, this
project is exempt from CEQA.
COMMUNITY OUTREACH:
In 2020, the City conducted a round of community outreach to refine the plan for improving Pickleweed
Park. This effort highlighted the community’s desire for year-round access to the fields and additional
park amenities, such as group picnic area, custom play area, lighting, new paths, and landscaping. From
this feedback, the City developed a conceptual plan which was shared with the community through
several occasions including the recent movie night at Pickleweed Park on September 23, 2022. The City
plans to conduct additional outreach efforts as part of the design process. For additional information and
project updates, please visit the City of San Rafael’s website: https://www.cityofsanrafael.org/pickleweed/
FISCAL IMPACT:
The Pickleweed Park Enhancement Project is listed in the City’s 2022-23 Capital Improvement Program
as a multi-year project. Staff proposes to fund the agreement associated with the design of this project
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
by utilizing COVID-19 relief funds. The proposed Resolution would appropriate $498,734 for landscape
architectural and engineering design services. The appropriation will be made to the Capital Improvement
Fund (#401) using funds transferred from the General Fund. Once the design is complete, an engineer’s
estimate can be made for construction and completion of the project.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as presented.
2. Do not accept the proposal from Gates + Associates and direct staff to reissue the RFP. This
option will delay this project and impact utilization of LWCF grant funds.
3. Do not accept the proposal from Gates + Associates and provide further direction to staff.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager
to execute a professional services agreement with Gates + Associates for landscape architectural and
engineering design services associated with the Pickleweed Park Enhancement Project in the amount
not to exceed $498,734.
ATTACHMENT:
1. Resolution approving and authorizing the City Manager to execute a professional services
agreement with Gates + Associates for landscape architectural and engineering design services
2. Draft Professional Service Agreement (with Exhibit A)
1
RESOLUTION NO. 15154
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH GATES + ASSOCIATES FOR LANDSCAPE ARCHITECTURAL
AND ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE PICKLEWEED
PARK ENHANCEMENT PROJECT, CITY PROJECT NO. 11376, IN THE AMOUNT NOT
TO EXCEED $498,734
WHEREAS, the City Council in June 2022 approved the Pickleweed Park
Enhancement Project in the City’s Capital Improvement Program (CIP) for Fiscal Years
2022/23 through 2024/25; and
WHEREAS, City staff determined that landscape architectural and engineering
design services from qualified consultants will be required for this project to prepare
construction documents and cost estimates for the Pickleweed Park Enhancement
Project; and
WHEREAS, in response to a request for proposals, the Department of Public Works
received two proposals; and
WHEREAS, staff reviewed the proposals, conducted interviews, and identified
Gates + Associates to be the most qualified firm; and
WHEREAS, the proposal from Gates + Associates was found to be complete and
within industry standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES
as follows:
1. The City Manager is hereby authorized to execute a Professional Services
Agreement with Gates + Associates for landscape architectural and
engineering design services for the Pickleweed Park Enhancement Project
in the amount not to exceed $498,734, in a form approved by the City
Attorney.
2
2. Funds totaling $498,734 shall be appropriated for this project (Project No.
11376) through a transfer from the General Fund to the Capital
Improvement Fund (#401).
3. The Director of Public Works is hereby authorized to take any and all such
actions and make changes as may be necessary to accomplish the purpose
of this resolution.
I, Lindsay Lara, 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 7th day of November 2022 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
File No.: 06.07.11
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
DAVID L. GATES & ASSOCIATES, INC.
FOR LANDSCAPE ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
This Agreement is made and entered into as of DeC l , 2022 (the "Effective
Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation
(hereinafter "CITY"), and DAVID L. GATES & ASSOCIATES, INC., a corporation (hereinafter
"CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or
collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. CITY desires to secure professional services more fully described in this
Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the
professional qualifications, expertise, and necessary licenses and desire to provide certain goods
and/or required services of the quality and type which meet objectives and requirements of CITY;
and
C. The Parties have specified herein the terms and conditions under which such
services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
SERVICES TO BE PROVIDED.
Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall
furnish all technical and professional services, including labor, material, equipment,
transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily
complete the work required by CITY at its sole risk and expense. Services to be provided to CITY
are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT
acknowledges that the execution of this Agreement by CITY is predicated upon representations
made by CONSULTANT in that certain proposal, dated October 25, 2022 ("Proposal") set forth
in Exhibit A, which constitutes the basis for this Agreement.
2. COMPENSATION.
In consideration for CONSULTANT's complete performance of Services, CITY shall pay
CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit
rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed
Rev. 08.22
$498,734.
CONSULTANT will bill City on a monthly basis for Services provided by
CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay
CONSULTANT within thirty (30) days of City's receipt of invoice.
TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently
modified by a written amendment to this Agreement, the term of this Agreement shall begin on
the Effective Date of this Agreement and terminate one (1) year from the Effective Date.
4. PROJECT COORDINATION.
A. CITY'S Project Manager. Joanna Kwok 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Chuck Gardella is hereby designated as the PROJECT DIRECTOR
for CONSULTANT. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall
notify the CITY within ten (10) business days of the substitution.
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 CONSULTANT and any and all of CONSULTANT'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.
08.22 2
OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT 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.
INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY
or its agent in any such audit or inspection.
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.
9. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit B,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in Exhibit B.
10. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section, CONSULTANT
shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by
CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the
"City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and
fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its
obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification
obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active
negligence or willful misconduct. In addition, the acceptance or approval of the
CONSULTANT's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONSULTANT'S performance of or operations under this Agreement,
08.22 3
CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
11. NONDISCRIMINATION.
CONSULTANT 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.
12. COMPLIANCE WITH ALL LAWS.
CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONSULTANT 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.
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT 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.
08.22 4
14. 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's Project Manager:
Joanna Kwok/ Senior Civil Engineer
111 Morphew Street
San Rafael, CA 94901
15. INDEPENDENT CONTRACTOR.
To CONSULTANT's Project Director:
Chuck Gardella
1655 N. Main Street Ste 365
Walnut Creek, CA 94596
For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
16. 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 CONSULTANT 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 CONSULTANT 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.
17. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT
under this Agreement, any monies which CONSULTANT owes CITY under any ordinance,
08.22
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
18. 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.
19. 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.
20. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONSULTANT has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
21. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective
successors and assigns.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
23. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one document.
Counterpart signature pages may be delivered by telecopier, email or other means of electronic
transmission.
[Signatures are on the following page.]
09.22
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
notz(Nov 29, 202' 15:26 PST)
JIM SCHUTZ, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
By: GENEVIEVE COYLE,
Assistant City Attorney
ATTEST:
City Clerk
L-ihd�ay Lam
Lindsay Lara (Dec 1, 20221` IST)
LINDSAY LARA, City Clerk
08.22 7
CONSULTANT:
Casey Ca ryas 7,}022 S73G PST!
By: Gates + Associates
Name: Casey Case
Title: President
[If CONSULTANT is a corporation, add
signature of second corporate officer]
Hcgr' _ dtaa Huv 2s.2J2k 17-16PS T 1
By: David L Gates and Associates
Name: Kelley Gates
Title: Secretary
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more fully
described in CONSULTANT's proposal, which is attached to this Exhibit A.
Rev. 08.22 A-1
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth below,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in this Exhibit B.
A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. Commercial general liability. A commercial general liability insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars
($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.
2. Automobile liability. An automobile liability (owned, non -owned, and hired
vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per
occurrence.
3. Professional liability. 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 dollars ($1,000,000) per occurrence/two million dollars
($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of
services under this Agreement. Where CONSULTANT is a professional not required to have a
professional license, CITY reserves the right to require CONSULTANT to provide professional
liability insurance pursuant to this section.
4. Workers' compensation. If it employs any person, CONSULTANT shall
maintain workers' compensation insurance, as required by the State of California, with statutory
limits, and employer's liability insurance with limits of no less than one million dollars
($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation
insurance shall be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONSULTANT in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or workers' compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONSULTANT's insurance policies
shall be "primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as
Rev. 08.22 B-1
ISO form CG20 0104 13.
3. Except for professional liability insurance or workers' compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONSULTANT hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. 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.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the Effective Date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
insurance requirements of this Agreement are sufficient to cover the obligations of the
CONSULTANT under this Agreement.
9. CONSULTANT agrees to ensure that subcontractors, and any other party
involved with the Services, who is brought onto or involved in the performance of the Services by
CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT,
except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all
agreements with, and insurance compliance documents provided by, such subcontractors and
others engaged in the performance of Services will be submitted to CITY for review.
10. CONSULTANT agrees to be responsible for ensuring that no contract used
by any party involved in any way with the Services reserves the right to charge CITY or
CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any
08.22 B-2
such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse
any third party for the cost of complying with these requirements. There shall be no recourse
against CITY for payment of premiums or other amounts with respect thereto.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not
reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall
provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY
or other additional insured party. At CITY's option, the deductibles or self-insured retentions with
respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall
procure a bond guaranteeing payment of losses and related investigations, claims administration,
attorney's fees and defense expenses.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER
all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this
Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy
endorsements for the commercial general liability policy, and (3) excerpts of policy language or
specific endorsements evidencing the other insurance requirements set forth in this Agreement.
CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from
CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it
later. The insurance shall be approved as to form and sufficiency by the CITY.
08.22 B-3
EXHIBIT A October 25, 2022
EXHIBIT A WORKPLAN
PICKLEWEED PARK ENHANCEMENT PROJECT
San Rafael
TASK 1- PROJECT MANAGEMENT & COORDINATION
The objective of this task is to team with City Staff to efficiently guide the project through all tasks outlined below in
order to ensure high quality deliverables that are on schedule and on budget.
Subtask 1.1 Project Management
Organize kickoff meeting with City Staff. This meeting will include:
• Review project goals and existing base information
• Roles and communication protocols between team and City Staff
• Develop and maintain baseline schedule for the project
■ Review budget
• Identify project challenges and constraints
■ Attend kick-off meeting with City Staff and design team.
• Ensure project compliance with federal requirements and assist City with documentation and exhibits for grant
reimbursements.
DELIVERABLES: MEETINGS:
Issues Matrix Kick Off Meeting (In -Person) 1
Project Schedule (Maintained monthly) Ongoing Meetings (Virtual) 24
Meeting Agendas & Minutes
Federal Grant Reimbursement Documentation
TASK 2 — DESIGN
The objective of this task is to gather all necessary data, build stakeholder consensus and formalize the goals, program
and desired outcomes into a cohesive package for use in developing Construction Documents.
Subtask 2.1— Base Development and Coordination
Conduct a preliminary assessment to analyze project areas for potential issues such as right-of-way constraints,
environmental issues, accessibility issues, and drainage. Review prior studies/reports conducted for the Pickleweed
field renovation.
Consolidate information for project, information provided by City includes:
• CAD topographic Survey
• Above ground and underground utility information
• Survey of existing electrical systems to determine suitability for reuse and connection to new equipment
■ Brief description of geologic and groundwater conditions based on our exploration
• Seismicity evaluation including 2019 CBC criteria
■ Discussion regarding ongoing and potential future settlements due to compressible bay mud below the project
site
• Criteria for site grading, including demolition, new fill quality, and compaction criteria
• Geotechnical design criteria for the foundations
• Criteria and recommendations for exterior concrete slabs -on -grade
• Recommendations for new asphalt pavements
• Other geotechnical items relevant to the project
• Site visit to assess demolition of existing restroom facility
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EXHIBIT A WORKPLAN
■ Collect samples of existing restroom materials: Vinyl tile, paint, drywall system, caulking, roof system to
determine hazardous materials which may be present.
• Prepare abatement specifications for handling and removal of hazardous materials.
• Prepare arborist report for approximately 40 trees
Subtask 2.2 — Community Outreach
Work with city staff to plan coordinate and facilitate public meetings with relevant stakeholder groups for project input.
• Develop engagement plan and collateral (project branding, messaging, project logo, webpage hosted on City -
website)
• Create a matrix of stakeholder meeting participants and level of engagement
+ Explore potential linkages to community event, such as farmers markets or scheduled City-wide events
• Develop outreach collateral (flyers, mailers, banners, social media graphics, meeting exhibits)
• Translation of outreach collateral in Spanish
Work with the City to identify appropriate communication channels. These might include:
■ Social media (Facebook, Instagram, Twitter, NextDoor)
• Informational booth at City events or meetings
• Newsletter for local schools / community groups
• Signage at park site (Gates to provide content, City to produce)
• Postcard mailers (Gates to provide content, City to print and mail)
Facilitate meetings with Stakeholders and Community:
• Preparation of illustrative plans and graphics to support public outreach efforts.
■ Stakeholder Meetings will be virtual with up to 4 meetings. Meetings will gather data from relevant
stakeholders (i.e., community groups, neighborhood associations)
• Community Meeting #1 will ask for input on project amenities. One meeting will be held in person and
a second virtually with the same content.
• Community Meeting #2 will solicit input on proposed concepts. One meeting will be help in person and
a second virtually with the same content.
• Online survey to run concurrent with community meetings #1 and #2.
Public Meeting presentations:
■ Attend one City Council presentation
• Attend two Council subcommittee presentations
Subtask 2.3 — 35% Design Development
Work with staff to develop a detailed design plan, based on approved Master Plan to align with project budget
including:
• Refined layout of hardscape and softscape
• Preliminary details and cut sheets for site elements: Prefabricated Restroom Replacement, Gazebo, fencing,
fitness equipment, play elements, and sports courts
• Cut sheets of site furniture and materials
• Images, color and finish of all site paving materials
■ Preliminary ADA site grading and drainage design
• Preliminary storm water management concepts
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• Preliminary utility layout
• Preliminary lighting fixture and security camera selection and locations
• Initial coordination with applicable regulatory agencies, stakeholders and material/equipment suppliers.
• Consult with the project team and respond to requests for information as project design advances
Subtask 2.4 — Cost Estimate
Develop engineers opinion of probable costs for park improvements.
DELIVERABLES:
Arborist report
Hazardous materials survey
Geotechnical Report
35% Conceptual Plans (22x34) & Estimate (PDF,
AutoCAD, Word, Excel)
Public Meeting Materials (Illustrative Site Plans, Exhibits)
MEETINGS:
Staff
2
Stakeholder Meetings
4
Community Meetings
4
City Council
1
Council Subcommittee
2
Site Visit
1 (per consultant)
TASK 3 — CONSTRUCTION DOCUMENTATION
The objective of this task is to develop a set of construction documents that honor the promises of the Master Plan and
can be achieved within project budget and can be used for permitting bid purposes.
Subtask 3.1— 65% PS&E
Meet with City Staff to review 35% Design Development Plans and Estimate. Prepare response to DD comments.
Prepare preliminary construction documents, specifications and revise DD cost estimate, including:
• Titlesheet and notes
• Existing conditions and demolition plan
• Accessible path of travel plan
• Horizontal control plan
• ADA grading and drainage plan
• Prefabricated Restroom Plans
• Utility plan
• Erosion control plan
• Storm Water Control Plan
• Signage and striping plan
• Electrical plan
■ Lighting fixture selections
• Light fixture layout and calculations
• Site layout and materials plan
• Planting Plan
• Details for:
o Fencing and gates
o Gazebo
o Restroom foundation
o Flag poles
o Planting
o Play Equipment
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o Site paving sections
o Stormwater treatment/detention areas
• Site Accessories (backstop, BBQs, benches, bike racks, drinking fountains, bottle fillers, picnic tables, trash
receptacles, goals)
• Pavement sections
• Light pole bases, conduit installation details, pull box installation details
o Utility structures
• LID treatment features
• Engineers' opinion of probable construction costs to include all anticipated labor, materials and lump sums that
are delineated on the plans and specifications of the project.
• Specifications in Caltrans Standard Format
Subtask 3.2 — 95% PS&E
Based on City comments, refine 65% construction documents, technical specifications and Engineers opinion of
probable construction costs
• Conduct internal quality control
• Meeting with City to review.
Subtask 3.3 —1O0% PS&E
Based on city 95% comments, prepare 100% plans, technical specifications, and cost estimate, including potential add
alternates to be defined within the construction documents. Refine the plans listed above including:
• Stormwater Pollution Prevention Plan
• Stormwater Management Plan
• Irrigation Plan
• Water Efficient Landscape calculations. (Water -Use calculations)
• Structural calculations
• Energy compliance forms
• Accessibility compliance
• Engineers' opinion of probable construction costs includes all anticipated labor, materials and lump sums that
are delineated on the plans and specifications of the project.
• Project specifications and bid form
■ Conduct internal quality control RFI's and addenda for construction
• Review all construction bids received and make a recommendation to the City for award of construction
contract.
Subtask 3.4 — Bid Submittal
Respond to City comments and provide Final Bid Set to City for bidding purposes:
• Set of electronic plans (22x34)
• Printed, stamped and signed specifications in Word and PDF format
• Printed, stamped and signed Engineers opinion of probable construction costs in Excel and PDF format)
DELIVERABLES: MEETINGS:
Submittals (65%, 95% and 100%PS&E and Bid Set) 2204 PDF, Word and Staff 4
Excel Format
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EXHIBIT A WORKPLAN
TASK 4 — ENVIRONMENTAL COMPLIANCE & PERMITTING
The objective of this task is to support the City in securing all permit approvals required for the project.
Subtask 4.1— Compliance & Permitting Support
■ Monitor project development to ensure project design complies with the project description in the notice of
exemption.
• Coordinate with City's contracted environmental consultant, as needed to assist with BCDC permit application
(BCDC permitting to be handled by the city's environmental consultant). Prepare plans and exhibits that may
include:
o Illustrative Site Plan
o Pedestrian Circulation
o Proposed Programming Elements
o Site Materials, Furnishings, and Lighting Plan
o Preliminary Plant Palette
o Proposed Grading Concept
o Enlarged detail studies of key program areas:
o Coordinate BCDC documents and deliverables with Design Team.
o Review BCDC comments and provide refined package for resubmittal(s) BCDC application
o Attendance at 2 BCDC meetings
• Provide project design to environmental consultant in AutoCAD or GIS format, properly referenced to a
geographic coordinate system, and provide information relating to the project design.
• Prepare required documentation and exhibits LWCF grant reimbursements
• Work with city staff, as needed to prepare and submit documents required for obtaining all city permits,
pertinent to the project.
DELIVERABLES: MEETINGS:
(3) BCDC documentation (electronic) BCDC meetings 3
Permit applications and supplemental information, as required.
Documentation for LWCF grant reimbursement
TASK S — FINAL BID PHASE & BID SUPPORT
The objective of this task is to support the City's public bid process and provide recommendations for award of contract
Subtask 5.1— Bid Support Services
• Attendance at pre-bid meeting
• Respond to questions, prepare addenda if necessary and participate in evaluation of the proposals.
• Provide final conform set of plans and specifications incorporating all RFI's and addenda for construction
• Review construction bids received and make a recommendation to the City for award of construction contract.
• Virtual team coordination meetings (Miller Pacific)
• Review project plans as they near completion to determine whether the intent of the geotechnical and
pavement recommendations have been sufficiently incorporated. (Miller Pacific)
DELIVERABLES: MEETINGS:
Addenda Pre -Bid Meeting 1
Conform Plans and Specifications
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TASK 6 — CONSTRUCTION SUPPORT SERVICES
WORKPLAN
The objective of this task is to support the City's construction management team to verify the quality of materials,
respond to unforeseen field conditions and to ensure change orders, if any, are appropriate.
Subtask 6.1— Construction Meetings & Observation
• Attendance at (1) pre -construction meeting
• Attendance at weekly construction meetings (in person/virtual) for the duration of construction.
• Site visits in conjunction with RFI responses or general project review and prepare reports and punch lists on
construction progress and quality with recommendations for correction of deficiencies observed. Assume a
minimum of (6) site visits by the Landscape Architect as the prime consultant and (4) visits each by the sub -
consultants.
• Final Punch Walks and punch lists by each discipline at the Completion of the project
• Observe and test the geotechnical portions of the contractor's work
Subtask 6.2 — Construction Administration
• Coordinate design team construction administration, review product submittals, review and respond to RFIs,
and review change orders.
+ Assist the City in preparation of contract change orders, as necessary.
Subtask 6.3 —As-builts
• At completion of construction, prepare record drawings using contractor mark-ups.
DELIVERABLES:
Addenda
Submittal and RFI Responses
Field Reports and Punch Lists
Record Drawings (PDF and AutoCAD format)
Meeting Agendas & Minutes
MEETINGS:
Pre -Construction 1
Site Visits 6 by Prime Consultant
Site Visits 4 by each Subconsultant
Construction Meetings 24 (Virtual or In -Person as required)
Final Punch Walk 1 by each discipline
TASK 7 — LAND SURVEY SERVICES
The objective of this task is to provide underground locating and supplemental topography
Subtask 7.1— Underground Locating Services and Additional Surveying
• BKF will provide limited utility investigation services within the limits of work using industry acceptable methods
to determine the approximate horizontal position and count of existing utilities. BKF's field crews will use a
combination of water-based paint and pin flags (in the appropriate APWA color) to mark the results of our
investigation on the ground surface. BKF will compare any available utility record information (supplied by
client) with the results of field investigation services to attempt to map underground utilities encountered
during the investigation. Utilities not identifiable by BKF's field crews due to lack of utility record information or
above ground appurtenances will be marked with pink paint on the ground surface and annotated as
"Unknown" on the project deliverables. BKF will make an effort to determine the location of all underground
utilities; however, due to technical limitations of today's most modern equipment, no guarantee (expressed or
implied) can be made. BKF to provide underground survey information for lighting on park site.
+ Once utility markings are complete, BKF's field crews will locate the paint markings and utilize the field data
with provided as-builts to show the underground utilities encountered on the project's existing conditions base
mapping.
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WORKPLAN
Subtask 7.2 — Boundary Surveying
• Coordinate receipt of a title report through a title researcher. BKF will not be responsible for the title services,
but will coordinate the procurement of the report and passthrough the costs as a part of the amendment
• Research public and known private records archives (fees to access archives are not included)
• Perform a field survey to locate evidence of the title lines delineated in the report
• Plot boundary lines on the previously prepared topographic map
• Plot easements disclosed in the title report on the previously prepared topographic map
Subtask 7.3 -- Record of Survey
• Prepare and file a Record of Survey with the Marin County Surveyor's Office in accordance with Section 8762 of
the California Professional Land Surveyor's Act
DELIVERABLES:
Underground and Topographic Survey
Boundary Survey
Record Survey
TASK 8 — PRE -FABRICATED DESIGN SERVICES
Subtask 8.1— Pre fabricated Restroom Drawings and Specifications
• Preferred pre -fabricated restroom manufacturer to provide complete construction documents, structural
calculations, and specifications for submittal and permit review.
• Review, coordinate, and finalize all materials, finishes, colors, hardware, lighting, and locks for restroom.
Subtask 6.3 — Pre fabricated Gazebo Drawings and Specifications
• Preferred pre -fabricated gazebo manufacturer to provide complete construction documents, structural
calculations, and specifications for submittal and permit review.
• Review, coordinate, and finalize all materials, finishes, colors, hardware, and lighting for Gazebo.
DELIVERABLES:
Building Department submittal for pre-
fabricated restroom and gazebo
TASK 9 — MISCELLANEOUS
• Miscellaneous tasks to be determined during the course of the project.
ASSUMPTIONS/EXCLUSIONS:
• Scope is based on a single set of Design/Construction Documents as shown on the Masterplan
• The structural scope is limited to miscellaneous site elements including fence post footings and pole footings
for security cameras and basketball posts. Structural engineering, play equipment and fitness equipment shall
be provided by the manufacturer at the time of purchase order.
• Structural engineering and permit drawings from the prefabricated manufacturer for the Restroom and Gazebo
are assumed amounts as fees vary by the final preferred vendor.
■ The Enforcement Agency will be the City of San Rafael and the applicable design code will be the 2022 CBC.
• Structural modification to any existing buildings, site structures or elements beyond what is described is not
included.
• Hazardous materials testing is limited to lead and asbestos on the existing restroom to be demolished.
• Permit, plan check, inspection and other agency fees are not included.
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EXHIBIT A
• Services not defined above will be considered Additional Services,
WORKPLAN
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