HomeMy WebLinkAboutCC Resolution 12536 (Canalfront Conceptual Design)RESOLUTION NO. 12536
RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL
SERVICES AGREEMENT WITH ROYSTON IIANAMOTO ALLEY & ABEY
FOR PREPARATION OF THE CANALFRONT CONCEPTUAL DESIGN
PLAN (P06-005)
(TERM OF AGREEMENT FROM JULY 21, 2008 AND ENDING ON
JULY 21, 2010- MAY BE CONTINUED AN ADDITIONAL PERIOD OF THREE
MONTHS WITH APPROVAL OF CITY MANAGER, IN AN AMOUNT
NOT TO EXCEED $118,000)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The CITY MANAGER and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael, a professional services agreement with Royston Hanamoto
Alley & Abey for preparation of the Canalfront Conceptual Design Plan, a copy of
which is hereby attached as Attachment A and by this reference made a part hereof,
for an amount not to exceed $118,000.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting
of the City Council of said City held on Monday, the 215` day of July, 2008 by the
following vote, to wit:
AYES:
COUNCILMEMBERS:
Brockbank, Connolly, Miller & Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Heller
Esther C. Beirne, City Clerk
K
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 21" day of July, 2008, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and Royston Hanamoto Alley & Abey, a
California corporation (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that professional planning and design services are
required to assist staff with the preparation and production of the Canalfront Conceptual Design
Plan; and,
WHEREAS, the CONTRACTOR has experience in waterfront planning, community
design workshops, sustainability concepts, and designing public spaces; and,
WHEREAS, the CONTRACTOR has offered to provide certain specialized planning,
design, engineering and architectural services in connection with this Project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Principal Planner for Long -Range Planning is hereby designated the
PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects
of the progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Manuela King is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution. The PROJECT DIRECTOR
designee shall be subject to the prior written approval of the PROJECT MANAGER.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as described in the Scope
of Work in Exhibit A attached and incorporated herein.
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3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
described in Exhibit A, under Client Responsibilities, attached and incorporated herein.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR as described in Exhibit A attached and incorporated herein.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR, for an amount not to exceed $118,000.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for two years commencing on July 21, 2008 and ending
on July 22, 2010. Upon mutual agreement of the parties, and subject to the approval of the City
Manager, the term of this Agreement shall be extended for an additional period of three months.
6. 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 CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. 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.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense
to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount
of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or
property damage;
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 11. A., shall
also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution;
2. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury;
3. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming
4
CITY, its officers, agents, employees, and volunteers, as additional named insureds under the
policies.
5. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon thirty (30) days written notice to City's Risk Manager.
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years;
7. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement;
8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers,
agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in
any way, in whole or in part, from any acts or omissions, intentional or negligent, of
CONTRACTOR or CONTRACTOR'S officers, subcontractors and employees in the
performance of their duties and obligations under this Agreement.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. 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: (alternative contact information for daily project communications is also shown below)
TO CITY: Linda M. Jackson
Project Manager
City of San Rafael Community Development Department
P.O. Box 151560
San Rafael, CA 944915-1560
Phone: 415-485-3067
Email: linda. i ackson(a,citvofsanrafael.ora
FAX: 415-485-3184
TO CONTRACTOR: Manuela King
Project Director
Royston Hanamoto Alley & Abey
225 Miller Avenue
Mill Valley, CA 94941
Phone: 415-383-7900
Email: manuela axhaa.com
FAX: 415-383-1433
C
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. 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.
20. 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.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written. /1
CfTY OF�\A-�1 ., AEL
J "ity Manager
ATTEST:
City Clerk
AP
ED'Ak T6 FORM:
e'yr'
�y Atfom
y:
Title: 4'
Exhibit A
RoYs`-on Hanamoto Alley A Abe.%/
Scope of Services and Fee
SAN RAFAEL CANALFRONT CONCEPTUAL DESIGN PLAN
Royston Hanamoto Alley & Abey
Scope of Services & Fee - Revised July 16, 2008
Task 1. Research and Analysis - August - October 2008
A. Collect and review all relevant data including maps, studies, and plains
B. Meet with City staff and the City Advisory Team (CAT) to discuss the project background and vision
C. Review draft of background report prepared by Nichols Berman
D. Prepare site analysis drawing/diagrom(s) indicating:
Land Use
Existing landscape and streetscope conditions
Natural Features, Views
Potential Sites for Bridges/Crossings
E. Meet with local focus groups (4 group meetings scheduled concurrently on one day if possible)
F. Prepare opportunities and constraints draiwing/cliogrom(s)
G. Conduct Public Workshop I
Structure and details of workshop TBD
H meet with City staff and CAT to review outcome of Public Workshop
Task I Deffiverables:
• Site Analysis drawing and diagrams TBD by RHAA -- (1) 24 x 36 board
• Opportunities/Constraints drawing and diagrams TBD by RHAA - (11 24 x 36 board
Images Board - (1) 24 x 36 board
PowerPoint show for Public Workshop
• Notes from Focus Group meetings in Word and PDF
Notes from Public Workshop in Word and PDF
Task I Meetings (includes actual meeting time + travel: prep time listed above):
0 2 meetings with City Staff & City Advisory Team
0 1 meeting with Conalfront Advisory Committee
0 1 Public Workshop
I other projector team meeting asneeded
0 4-6 focus group meetings, one hour each max.
TOTAL RHAA HOURS Task I
% full time
RHAA Fees
Total Task I RHAA Fee
Estimated Expenses (not billed separately)
Endres Ware
Paid Merker
Other Subs
TOTAL TASK I FEES
Task 2. Develop Conceptual Plan Alternatives - November 2008 - May 2009
A. Set project goals and vision based on public input
B. Outline design guidelines based on public input. May include:
• Architecture: Historical significance, style and character, visual impacts
• Signage and Wayfinding: identify areas for additional detail planning
• Site Circulation, Traffic, Parking: Summarize traffic consultant findings and recommendations
(prepared by others)
• Sustainability & Natural Resources
• Zoning
• Landscape Chorocter: 'Paseo', bay front trail, stfeetscape, bridges, outdoor rooms, screening,
pork:ng areas, quality, hardscope. service, lighting
C. Prepare concept plan design alternatives (3 options)
D. Prepare general cost/benefit analysis of bridge and crossing concepts
E Review outline of design guidelines and concept plan ottemaFves with City staff and CAT
F Revise outl ne of design guidelines and design alternatives: prepare for public presentation
G. Conduct Public Workshop 2
H. Meet wth City staff and CAT to review outcome of Public Workshop
Page 1 of 3
PtInCIDal Associate Stan
-% I rN K190 -SRS
33 56 89
7% 12% 19%
$5,775 $6,720 $7,565
$20,060
$500
$3,000
$3,000
$1,000
$27,560
Task 2 Deliverables:
Project Goals and Vision document in Word and PDF
Outline of draft Design Guidelines document in Word and PDF
3 Conceptual Design Plan alternatives as 24 x 36 boards and PDFs
PowerPoint show for Public Workshop
Notes from Public Workshop 2
Task 2 Meetings:
1 meetings with City Staff and City Advisory Team
2 meetings with Canalfront Advisory Committee
I Public Workshop
2 other projector team meetings as needed
TOTAL RHAA HOURS Task 2 15
49 129
% full time 1 %
4% 12%
RHAA Fees $2,625
$5,880 $10,965
Total Task 2 Fee
$19,470
Estimated Expenses (not billed separately)
$500
Endres Ware
$7,350
Paid Merker
$7,350
Other Subs
$3,000
TOTAL TASK 2 FEES
$37,670
Task 3. Prepare Draft Conceptual Plan and Draft Guidelines - June - October 2009
A. Prepare Draft Conceptual Plan
B. Prepare Draft Design Guidelines
C. Submit both drafts to City, CAT and Canalfront Advisory Committee for review
D. Meet with City and CAT to review draft guidelines and plan
E. Meet with Canal Advisory Committee to review draft guidelines and plan
F. Meet with Design Review Board and Planning Commission to review draft guidelines and plan
G Assist City staff and CAC with preparing for/conducting focus group review meetings
H. Incorporate comments and revise draft guidelines document and plan
Task 3 Deliverables:
• I draft Conceptual Design Plan as 24 x 36 board and PDF
• 1 Draft Design Guidelines document in Word and PDF
Task 3 Meetings:
• 1 meeting with City Staff and City Advisory Team
• I meeting with Conalfront Advisory Committee
• I meeting with the Design Review Board
• 1 meeting with the Planning Commission
• 2 other projector team meetings as needed
TOTAL RHAA HOURS Task 3
2 50 123
% full time
1 % 6% 15%
RHAA Fees
$350 $6,000 $10,455
Total Task 3 Fee
$16,805
Estimated Expenses (not billed separately)
$200
Endres Ware
$5,250
Pahi Merker
$5,250
Other Subs
$1,875
TOTAL TASK 3 FEES
$29,380
Task 4. Prepare Final Conceptual Plan b Final Design Guidelines - Months 13-17
A. Prepare Final Conceptual Plan
B. Prepare Final Des gn Guidelines
c, Submit both drafts to City, CAT and Caralfront Advisory Comm,ftee for funa review
D. Incorporate any remaining comments and produce fncl document and p6cn
Task 4 Deliverables:
• I Final Conceptual Desigr Pans 24 x 36 board and PDF
Page 2 of 3
I Final Design Guidelines document in Word and PDF
Task 4 Meetings:
1 meetings with City Staff and City Advisory Team
I meetings with Conalfront Advisory Committee
2 other project or team meetings as needed
TOTAL HOURS Task 4
2 35 95
%full time
1% 4% 127o
RHAA Fees
$350 $4,200 $8,075
Total Task 4 Fee
$12,625
Estimated Expenses (not billed separately)
$200
Endres Ware
$4,250
Paul Merker
$4,250
Other Subs
$1,075
TOTAL TASK 4 FEES
$22,400
Fee Summary by Task including Expenses:
Total Task 1 Fee
$27,560
Total Task 2 Fee
$37,670
Total Task 3 Fee
$29,380
Total Task 4 Fee
$22,400
RHAA Administrative and Management Fee (+/- 2% of subconsu8ant fees)
$990
TOTAL PROJECT FEE
$118,000
Fee Summary By Consultant + Expenses:
RHAA Fee Total
$68,960
Endres Ware Fee Total
$19,850
Paid Merker Fee Total
$19,850
Other Subconsultants Fee Total
$6,950
Expenses
$1,400
RHAA Administrative and Management Fee (+/- 2% of subconsuBant fees)
$990
TOTAL PROJECT FEE
$118,000
Client responsibilities:
a. Notice and publicize all meetings as necessary
b Distribute press releases to local media as necessary
c. Coordinate Interviews and focus groups
d. Provide Spanish translator for public process
e. Provide base drawings for design team in electronic form
I Coordinate meeting room, times, set up
9 Provide topographic base Information if necessary
h. Provide project website
I Prepare meeting notes for City, CAT and CAC meetings
Exclusions:
a Includes area shown on diagrammatic plan provided In RFP.
b Scope of services Includes subrnittals outlined above only.
c. Fees include meetings as shown. Additional meetings and/or public presentations are not included.
d Votennal art element locations will be shown on pians. An design and detailing is not rncivaea.
e Design iterations and draft documents other than those Fated above are not included.
Page 3 of 3
r
ADDENDEUM TO ITEM #4
SRCC 7/21/2008
R i A A
R!HIAIA
2008
Terms of Agreement between Client and
Landscape Architects and Planners
CHARGES FOR SERVICES
Charges for Basic and Extra Services shall be based on hourly rates not to exceed the
following schedule:
Principals
$130.00
to
$190.00
Senior Associates
115.00
to
140.00
Associates
100.00
to
135.00
Senior Assistant
100.00
to
135.00
Assistants
85.00
to
110.00
Technical Staff
65.00
to
95.00
Clerical
55.00
to
75.00
Principal Emeritus
165.00
to
200.00
Consultants
At Cost
Plus 10%
All of these rates are current for six months from the date of Agreement for Professional
Services, but may be increased periodically. An escalation factor of 5% per year will be
added to our billing rates for contracts lasting more than one year.
EXPENSES
The following expenses will be billed at cost with a 10% markup.
Automobile Travel IRS allowable rate per mile
Airfare, car rental, lodging, meals and expenses associated with out of
town travel
Blueprints, reproductions and CADD Plots
Courier and shipping charges
Photographic prints and slides
Reimbursable expenses are in addition to Compensation for Basic Contract and include
actual expenditures made by the Landscape Architect, their employees, or their
professional consultants in the interest of the project.
PAYMENTS
Invoices for services shall be rendered monthly in proportion to the amount of work
completed. Invoices unpaid of ter one month shall be subject to a 1-1 /2 percent per
month charge which is an annual rate of 18 percent.
L A N D S C A P E A R C H 11 E C T S & P L A N N E R ,
225 Miller Avenue 4 5 383.7900 323 -3eary Street, #&j2 4 5 8o I 9if
M I 'Valley, CA 4 5 383 1433 Fax 'Sx, Fran® -co,,, -A 415 86, NCO I- Ix
94941 rnvstudtoQ)rhaa mm 1341:17 APYN rhA3 I -M