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HomeMy WebLinkAboutPW Landscape Architectural and Engineering Design ServicesAGREEMENT 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 GATES 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 GATES ,ASSOCIATES EXHIBIT A WORKPLAN • 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 GATES •A,,,-,,ATES EXHIBIT A WORKPLAN 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 GATES FASSOCIATES 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 GATES ro +ASSOCIATES EXHIBIT A 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. GATES •ASSOCIATES EXHIBIT A 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. GATES 'ASSOCIATES EXHIBIT A • Services not defined above will be considered Additional Services, WORKPLAN GATES ASWCIATEs NOW a v a u v O CL LLI Qo oQ C m o o n o NM 4t Hco m m N Gch conv �n ionTn,,, +n too in a yr .n yr O O O C] Ln u m � M •r SIS o Ln lD y�j '•I U N O G 0 - fD O O Ln N N •f• •.I'• :fs U N p •S N O DO- ;� O O o .s -n •n in ee 0 w in O J O C] G .. N pLn o o n o oo A v W Q1 .r. _ ti _ �p N Vl p ti W visr twit• N C} Q O O O Ln N p LAY m M q W m c r+ C w to VF N to N va >h F -• Cl - O O O O O O L N- n 4'] n w to oa n c N N r n;Zr C T p Ln IA th N tIx • Y • • �o • v u c o • • d W • Ul U1 N • GJ N Ja Ol Ci J N LL LL u Q � ii ii ii ii ii uG. l0 10 10 f0 10 f0 f0 N 0 LLI Qo co ` /L W 2 X W m W W F O N CT Qm �m o II m ^ a II r N Z O � � � O 6 O � O A' I V o • 2 E m 4 ° o? E 4 a o m � 'O c p. m u o vii .. m u ' m o u a u a m 3 0 OuWi O uWi O w O uWi O w O w O w a O �a O LL O LL O LL O� N O LL O LL a o S a o S a o S a o S a o S a o g S a o a s m m m m m m a m m ala m m a m m > > > > > > 7 7 > > 7 »!✓moi 7 > p > 7 � O s I IF ujW W< Q O< o 0 06 F. , .;a - ■:�!# lo ._. �-- {\o (. « 2K» _ - ,§. V co ( T„ L- k _ § �o i2�f zis x LU V) t2 LU Q° m � aoo ry w w �' m w m w M m H » w Q o p o o o o o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 $ ti I ~ a c N I w N w w 14 a a a a s v • o m E v 0 v 0 . o V¢ 7¢ m z 3 o OuWi O LL O W O W O W O W O W m ti O LL Y� N O N Y F • M O LL Y F O O .c Y F vl O LL Y Q • O LL _ O —y LL a o a o a o a o a o a o a o a a m m m m m m m m a m m m m > m m E > > O m RK o m � N N N N N oo N - �$ ry M N O o G o a 0 'm p b o H N N o v N ry v o '^ 0 0 N I ry I .� T - N N a m a cr o ^ o N N o- N N I N N I q m t C • E a E a E E v E 5. 2 >. o$ - .6¢ 2 2 aLf a - 'o ` I �, moo w '^1. v c - u° E� � u° o u ;2 a - E u° - " ° O u° ¢ ¢ ° 3 0 z ¢ ¢ ac rc z a O LL 2 O LL 2 O O LL S O LL S O LL 2 O LL m S O LL - S Y F a o Y F a s " Y F a o a Y F a o 1 Y F a o �, Y F a o r- r 1 Y F N a o Q .- E m m y m m m m a m m a m m a m m a m m N N F Gam.' a � r m N V! O N v o vp. O p N o O M w o ,n $ N ul y� N � O 0 6 0 O O o C G' a .O V � I o y O0 N � u° o u° � � � m' u° v 'm n o u° � c O uWi O w OuWi O w O w O uWi O w N O �a O LL O LL O LL O LL O LL O �a m a o S a o S a o S a o S a o S a o a o a N s a m m 7 7 � m m m m a m m m m m m ala m m o f � \\ \ \ i§ � ƒ_. � { ■!! {) ) \}\/ a§{ \ § B\ -))\\ !f2 (kf§ f[#! | 2 l�u23� �- - §!& ■ ( 7k � \\ CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Nataly Torres (for Joanna Kwok) Extension: 3353 Contractor Name: Gates & Associates Contractor's Contact: Chuck Gardella Contact's Email: chuck@dgates.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 10/28/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X NT 2 City Attorney a. Review, revise, and comment on draft agreement 11/2/2022 and return to Project Manager 11/2/2022 Z _GC b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 9 - GC -3 Department Director Approval of final agreement form to send to 11/3/2022 ® AM contractor 4 Project Manager Forward three (3) originals of final agreement to 11/4/2022 Project Manager contractor for their signature 5 When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager PSA - Gates & Associates - Landscape Architectural & Engineering Design Final Audit Report 2022-12-01 Created: 2022-11-04 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAcdwY3GB9PDxxJFSUD9r-pKKCnYgrSNpq "PSA - Gates & Associates - Landscape Architectural & Enginee ring Design" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2022-11-04 - 6:30:37 PM GMT El Document emailed to Casey Case (casey@dgates.com) for signature 2022-11-04 - 6:47:29 PM GMT Email viewed by Casey Case (casey@dgates.com) 2022-11-07 - 6:43:51 PM GMT 6� Document e -signed by Casey Case (casey@dgates.com) Signature Date: 2022-11-07 - 6:46:26 PM GMT - Time Source: server '► Document emailed to Kelley Gates (kelley@dgates.com) for signature 2022-11-07 - 6:46:28 PM GMT Email viewed by Kelley Gates (kelley@dgates.com) 2022-11-08 - 6:28:23 AM GMT Email viewed by Kelley Gates (kelley@dgates.com) 2022-11-15 - 4:03:31 AM GMT C'-► New document URL requested by Kelley Gates (kelley@dgates.com) 2022-11-23 - 1:13:50 AM GMT Email viewed by Kelley Gates (kelley@dgates.com) 2022-11-23 - 1:15:28 AM GMT b© Document e -signed by Kelley Gates (kelley@dgates.com) Signature Date: 2022-11-23 - 1:16:36 AM GMT - Time Source: server � by SAN RAFAE� PoweredPowered I Adobe TME CIN WITn14Mis51o+ Acrobat Sign L—'4 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2022-11-23 -1:16:38 AM GMT t Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2022-11-28 - 6:26:44 PM GMT b© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2022-11-28 - 6:29:52 PM GMT - Time Source: server C'-► Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2022-11-28 - 6:29:53 PM GMT Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2022-11-28 - 6:42:48 PM GMT 6© Document e -signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2022-11-28 - 6:43:43 PM GMT - Time Source: server E'y Document emailed to City Clerk(city.clerk@cityofsanrafael.org) and lindsay.lara@cityofsanrafael.org for approval. One of them to approve 2022-11-28 - 6:43:45 PM GMT r>� Nataly Torres(nataly.torres@cityofsanrafael.org) added alternate approver City Clerk (city. cl erk@cityofsa n rafa el. org). The original approver lindsay.lara@cityofsanrafael.org can still approve. 2022-11-29 - 9:55:51 PM GMT E'-► Document emailed to City Clerk (city.clerk@cityofsanrafael.org) for approval 2022-11-29 - 9:55:51 PM GMT Email viewed by City Clerk(city.clerk@cityofsanrafael.org) 2022-11-29 -10:39:58 PM GMT 6o Document approved by City Clerk (city.clerk@cityofsanrafael.org) Approval Date: 2022-11-29 - 10:40:12 PM GMT - Time Source: server P* Document emailed to jim.schutz@cityofsanrafael.org for signature 2022-11-29 - 10:40:13 PM GMT 'n Email viewed by jim.schutz@cityofsanrafael.org 2022-11-29 - 11:25:29 PM GMT 6© Signer jim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz 2022-11-29 - 11:26:35 PM GMT 6o Document e -signed by Jim Schutz Qim.schutz@cityofsanrafael.org) Signature Date: 2022-11-29 - 11:26:37 PM GMT - Time Source: server SAN RAFAEL I AP dob by THE clr VOTnI A MISSION Acrobat Sign Ery Document emailed to lindsay.lara@cityofsanrafael.org for signature 2022-11-29 -11:26:39 PM GMT ,n Email viewed by lindsay.lara@cityofsanrafael.org 2022-12-01 - 11:05:15 PM GMT 6o Signer lindsay.lara@cityofsanrafael.org entered name at signing as Lindsay Lara 2022-12-01 - 11:05:31 PM GMT 6o Document e -signed by Lindsay Lara (lindsay.lara@cityofsanrafael.org) Signature Date: 2022-12-01 - 11:05:33 PM GMT - Time Source: server Agreement completed. 2022-12-01 - 11:05:33 PM GMT { $� SAN RAFAEL I PoweredPowered� Adobeby Acrobat Sign