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Home My WebLink AboutTC Agd Pkt 1995-11-01 AMENDED TO ADD CLOSED SESSION 10/30/95 TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1101 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: (Location orCIo.ed Se..ion=Tiburon Town Hall, 1155 Tiburon Blvd.) NOVEMBER 1, 1995 7:30 P.M. 7:00 P.M. PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limrt Presentations to 3 minutes; (5) Speak Directly into Microphone. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hall (415) 435-7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR J5,1 02,J5,l 04 ADA Hie IIJ --------------------------- ----------------- ------- A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) C. PUBLIC QUESTIONS AND COMMENTS Please confine your comments during this portion of the agenda to matters not already on this agenda, other than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at the time it is called Presentations are limited to three (3) minutes. Matters requiring action will be referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting agenda, D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES E. COUNCIL. COMMISSION OR COMMITTEE REPORTS 1, LEGAL SUBCOMMITTEE (Councilmembers Ginalski & Thayer) 2, CONGESTION MANAGEMENT AGENCY (Councilmember Nygren) 3, HAZARDOUS & SOLID WASTE JP A (Councilmember Nygren) F. CONSENT CALENDAR The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Town Council, Town Staff, or the Public may request removal of an item for discussion. 4, APPROVAL OF TOWN COUNCIL MINUTES - #1066, October 18, 1995 5, APPROVE TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS - October 27, 1995 G. UNFINISHED BUSINESS 6, NEW BELVEDERErrffiURON COMMUNITY LffiRARY A Action on Property Tax Transfer Agreement (Adopt Resolution) B, Notice of Boundary Change (Adopt Resolution) 7, BLACKIE'S PASTURE IMPROVEMENTS A Location of Statue B, Fencing C, Overflow Parking - Gravel 8, NEW TOWN HALL & POLICE FACILITIES A Housing Committee Report & Recommendations B, Senior Housing Advisory Committee Status Report C, Building Advisory Committee 1) Architectural SelVices (Approve Contract) H. NEW BUSINESS 9, 2l SOUTHRIDGE DRIVE - Assessor Parcel No, 34-311-26 - (Accept Grant of Easement for Public Pedestrian, Drainage, and Utility Purposes) I. COMMUNICA nONS J. STAFF & TOWN MANAGER REPORTS K. ADJOURNMENT Future Al!enda Items - Streets Improvement Program - Historical Designation of Newman Property - Green Can Trial Program Report - Mill Valley Refuse Service Franchise Agreement Future Activities - November 7 ElectionlNovember 14 Town Council Meeting ;U A:t7F~ TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1101 TIBURON BLVD. MEETING DATE: MEETING TIME: NOVEMBER 1, 1995 7:30 P.M. PLEASE NOTE: In order to giIIe all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair; (2) State Name and Address; (3) State VIeWS Succinctiy; (4) Limit Presentations to 3 minutes; (5) Speak Directly into Microphone. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this ryeeting, please contact Town Hall (415) 435-7373. NcXiflCation 48 hours prior to the meeting will enable the Town to make reasonable an:arigements to ensure accessibility to this meeting [28 CFR 35,102,35,104 ADA nle II] A. B. c. D. E. F. - ROLL CALL ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) PUBLIC OUESTIONS AN~ COMMENTS Please confine your comments during this portion.,oj/he agenda 10 matters not already on this agenda, other than items on the Consent Calendar, The puhlic,will he given an opportunity to speak on each agenda item at the lime it is called Presentations are limited t.l1J!ree (3) minutes. Malters requiring action will be referred /0 the appropriate Commission, Board, Com,nittee or Staff for consideration and/or placed on a future meeting agenda, APPOINTMENTS TO BOARDS. CO~MISSIONS OR COMMITTEES COUNCIL. CO~MISSION OR COMMiTTEE REPORTS 1, LEGAL SUBCOMMITTEE (Councilme~bers Gina]ski & Thayer) 2, CONGESTION MANAGEMENT AGEN~Y (Councilmember Nygren) 3, HAZARDOUS & SOLID WASTE IPA (C~~ilmember Nygren) CONSENT CALENDAR', The pU1pose-ofthe Consent Calendar is to group items toge/her which genera~o not require discussion and which will probably be approved by one motion unless separate action is requir on a particular item. Any member of the Town Council, Town Staff, or the Public may request removal of an i for discussion. 4, APPROVAL OF TOWN COUNCIL MINUTES - # I 066, Oct 5, APPROVE TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS - October 27, 1995 DATE OF MEETING: November 1. 1995 NO, 14-1995 DATE POSTED: October 30. 1995 NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL Pursuant to California Government Code Sections 54950 et seq" the Town Council will hold a Closed Session, More specific information regarding this meeting is indicated below: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9a) Name of Case: State of California v. Zelinsky. et a1. (Marin County Superior Court No. 163929) LOCATION OF CLOSED SESSION, TOWN HALL, 1155 Tiouron Blvd. TOWN COUNCIL MINUTES DnA' ....1 I\. 'r T/p~ /!Jr). 1 CALL TO ORDER Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P,M., Wednesday, October 18, 1995 in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California, A. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: EX OFFICIO: Ginalski, Nygren, Thayer, Thompson Wolf Town Manager Kleinert, Chief of Police Herley, Finance Director Stranzl, Planning Director Anderson, Town Attorney Sharp, Town Engineer Mohammadi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION Mayor Thompson said the status of the State of California v, Zelinsky. et.a\. lawsuit was "looking good" and there would be an announcement soon. C. PUBLIC OUESTIONS AND COMMENTS Stewart Hopkins, 1830 Lagoon View Drive, asked that the Housing Committee report be agendized for future public comment and input. Town Manager Kleinert said an item had come in that would require immediate action in closed session later in the evening, Town Attorney Sharp asked that Williams v, The Town of Tiburon be added to the agenda pursuant to Government Code Section 54954,2(b)(2), MOTION: Moved: Vote: To Add a Closed Session to Meeting to Hear Morementioned Matter Nygren, Seconded by Thayer AYES: Unanimous ABSENT: Wolf D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES MOTION: To nominate Lisa Klairmont to serve on the Planning Commission Moved: Ginalski, Seconded by Nygren Vote: AYES: Unanimous ABSENT Wolf TOWN COUNCIL MINUTES #1066 Octobec 18, ] 995 Councilmember Thayer said he agreed with the nomination given Lisa's planning and prior Town experience, He said all the candidates were qualified and he hoped that Pamela Fyffe, co- President of Bel Air Homeowner's Association, would stay involved in Town affairs, Councilmember Nygren said that more people had expressed an interest in the position than ever before, and noted that Richard Hinkel was also very qualified. E. COUNCIL. COMMISSION OR COMMITTEE REPORTS I. Housing Committee. Richard Hinkel made the Housing Committee's recommendation to Council that the Ned's Way space be sold to the Redevelopment Agency for low-income senior housing, He cited various reasons why the Committee recommended this idea over other alternatives, including getting the project done as quickly as possible, meeting the Town's current RDA requirements, and others, He said it was the most efficient way to utilize RDA funds and was a strategy the Town could use to avoid negotiating with developers, the EIR process, and future financial liability, He asked the Council to authorize the Housing Committee to seek an appraisal of the site as its next step, based upon advice by bond counsel. Mayor Thompson asked whether the Senior Housing Advisory Committee had seen Mr, Hinkel's report, and thought that committee could benefit from the information. Councilmember Nygren asked if there were $1.4M in RDA funds available to the Town now, Finance Director Stranzl said there would be approximately $1.3M available by January, 1997, Less funds were available now, according to Stranzl, due to the Cecilia Place project and Hilarita renovations, Chairman Hinkel asked for action by the Council. Mayor Thompson said a Committee [SHAC] had been formed by the Council specifically to deal with the disposition of the Ned's Way site and asked that the two committees [SHAC and Housing] work together. Councilmember Nygren reminded Council that no action could be taken on Committee Report and asked for the matter to be continued to November I, Councilmember Ginalski asked for reports from the Housing Committee, Building Advisory and Senior Housing Advisory Committees on November I, Councilmember Thayer complimented Mr, Hinkel for an analytical job showing a path and solution, He asked that the same presentation be made to SHAC before November 1, with ajoint report to Council on November I. He asked the committees to avoid being competitive but said [Hinkel's report] raised the dichotomies of the project. Larry Smith, Chairman of SHAC, said he would schedule a meeting but that his Committee would not be ready to make a presentation to Council on November I, 2, Traffic Safetv Committee, Police ChiefHerley presented the Minutes of the September 26 TOWN COUNCIL MINUTES #1066 October 18, 1995 2 Traffic Safety Committee meeting, along with the Committee's recommendations on various safety issues: I) Making Main Street one-way to alleviate the double-parking problem; 2) Creating a temporary bus-stop (for Golden Gate Transit Commuter Buses) in the right-hand turn lane at the corner of Main Street and Tiburon Boulevard; 3) Adding 30-inch height limit for line of sight at driveways to Tiburon's Zoning Ordinance; 4) Adding a "bike only" lane on 1/3 of the multi-purpose path (so that bicyclists would not ride two or three abreast, not yielding to pedestrians) , Councilmember Nygren asked that previous studies on Main Street be looked at before a decision was made about Main Street, and reminded the Committee of the opposition by Corinthian Island residents to making Main Street one-way. 3. Southern Marin Fire Consolidation Update, Councilmember Thayer said that he, Kathy Barnes and Doug Dawson had met on September 28 to discuss mutual assistance and joint training exercises, and that there would be a meeting in Belvedere in March of 1996 hosted by the [Southern Marin] Fire Chiefs to further discuss levels of service and cost, F. CONSENT CALENDAR MOTION: Moved: Vote: To Adopt Consent Calendar [Agenda Items 4 & S] Nygren, Seconded by Thayer AYES: Unanimous ABSENT: Wolf G. UNFINISHED BUSINESS None, H. NEW BUSINESS 6, New Downtown Town Hall- Apl'rove Architect's Contract. Town Manager Kleinert said the Building Advisory Committee ("BAC") and Staff recommended approval of the Standard Form AlA contract, with revisions made by BAC. Town Attorney Sharp asked for clarification before approval of the mutual waiver ofliability clause between the architect and the Town ofTiburon, Councilmember Nygren asked whether the $1.4M was a fixed construction only cost in the contract and where the money was coming from for design costs and furnishings, Chairman Wilson said there was approximately $200,000 for design costs and Town Manager Kleinert said this money was coming from interest and the property development fund, Councilmember Nygren also asked about whether the [foundation] construction would be slab or pier, and Wilson replied that whatever it was, it would meet all emergency facility standards, Mayor Thompson said the $1.4M was a limit figure and Town Manager Kleinert said the actual cost of construction at the time would be based on Adamson [estimator's] figures, TOWN COUNCIL MINUTES #1066 October 18, 1995 3 '" Councilmember Nygren asked when the public would be able to see the drawings, Chairman Wilson said they had been deferred to allow the Library Agency to work on the bond issue for the upcoming election. He said up-to-date sketches would be presented at the October 23 BAC meeting, Councilmember Thayer asked Chairman Wilson whether he had negotiated this type of contract before and whether the soils study was a separate cost [affirmative to both]. Mayor Thompson opened the public hearing. Nat Marans, 2312 Spanish Trail, said the Gene Miller [soils] report was tentative and needed further review, He warned of the building sinking and cited examples from an article about a building in Hawaii. He suggested the Town take extra precautions and get guarantees from the builder. Hearing returned to Council. Councilmember Ginalski said he was not trying to slow down the process but wanted to get the best possible project for the Town, He asked Town staff to work with Adamson to ensure the estimates were accurate and to see whether the $200,000 in additional fees actually covered the "extras"such as geotechnical studies, title reports, furniture and computers, He asked Town Attorney Sharp to add language to the contract to hold the Town harmless from claims by the architect's subcontractors and to look at raising the Errors and Omissions limits in the contract. Councilmember Nygren asked to defer making a decision on the contract until the details had been worked out. Councilmember Thayer asked that a decision not be deferred past the next meeting, Item continued to November 1, 7, New Community Librarv - Property Tax Transfer Agreement. Mayor Thompson said the Board of Supervisors had taken a fantastic step forward in approving the withdrawal of Belvedere and Tiburon from the County Library system, Town Manager Kleinert said that the taxes would now revert to the [Belvedere/Tiburon] Library Agency, including Measure "L" taxes, Town Attorney Sharp asked for a clause to be added holding Belvedere and Tiburon harmless from any potential taxpayer action, Mayor Thompson opened the public hearing. Richard Rozen, Chair of the BelvederelTiburon Library Agency, asked if the Town Attorney's request would change the agreement since it had already been approved by the Board of Supervisors, He said the issue would be moot after 1998, and that Measure E included, and would not be in addition to, Measure L funds, Mr. Rozen thanked the Council for their support, and Mayor Thompson in particular for his work TOWN COUNCIL MINUTES # 1066 October 18, 1995 4 ..,. with the County, He said it was an historic moment and that the dedication of the community had paid off. Carol Forrell, Library Agency, asked if the agreement could be amended after consulting with Lee Jordan [Agency's attorney]. Town Attorney Sharp said a cleaner way to handle the issue was to have a separate agreement between Belvedere/Tiburon and the Library Agency. MOTION: Moved: Vote: To Adopt the Library Property Transfer Tax Agreement Thayer, Seconded by Ginalski AYES: Unanimous ABSENT: Wolf Resolution regarding above Agreement to appear on November I Council agenda, Town Council adjourned to closed session at 9: 17 p,m. and reconvened to open session at 9:27 p,m, Council announced that the request by the Williams' for an earlier meeting with the Town Council was denied, 8, ABAG Power Purchasing Pool - Subscription Agreement, Finance Director Stranzl gave the staff report and recommendation that the Town position itself with other cities to buy natural gas from alternative energy suppliers, if more favorable rates could be negotiated. He said there would be no obligation to the Town if the alternative rates were not favorable, and ifand when the electrical utilities were deregulated, the pool would also seek to purchase electricity, Councilmember Thayer said it was an appropriate way to go and there was greater safety in mutual protection, MOTION: Authorize Town to Enter into Subscription Agreement for ABAG Power Purchasing Pool Ginalski, Seconded by Nygren AYES: Unanimous ABSENT: Wolf Moved: Vote: I. COMMUNICA nONS None J. STAFF & TOWN MANAGER REPORTS 9, Option to Add November 15 Council Meeting, Council took the proposal under advisement and deferred making a decision until it became clear whether there was a reason to add a meeting, Marin Mayors and Councilmembers Dinner (October 25), Town Manger Kleinert said there had requests from the public to attend and informed Council that Richard Hill had sent a letter requesting appointment to the Major Crimes Task Force JPA. Mayor Thompson said someone TOWN COUNCIL MINUTES #1066 October 18, 1995 5 should check with Amy Belser, President ofMCCMC, since Mr, Hill was a citizen and not a Councilmember, Council agreed to invite Hill, and Town Council Candidates Hennessy and Perlmutter to the dinner. K. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting at 9:43 p,m" sine die, ANDREW THOMPSON, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1066 Oclobc'!" 18, 1995 6 " , j Ik~ ;0, ,- TIBURON POLICE DEPARTMENT MEMORANDUM TO: MEMBERS OF THE TIBURON TOWN COUNCIL DATE: OCT 27,1995 FROM: CHIEF PETER G. HERLEY, CHAIRMAN TRAFFIC SAFETY COMMITTEE SUBJECT: APPROVAL OF TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS On September 26, 1995, the Town ofTiburon's Traffic Safety Committee met to discuss various items dealing with traffic safety, On October 4,1995, the minutes of that meeting were presented to the Town Council in the form of a Committee Report, Below are recommendations of the Traffic Safety Committee and are sent to the Town Council for approval, RECOMMENDATION #1 - Taylor Road (Line-of-Sil!ht Problem). The Committee recommends the curb be painted red to reduce a line of sight problem on the south side of the roadway at the corner of Taylor Road and Paradise Drive. (The Town Engineer will research the justification to lower to speed limit to 15 mph which will be brought back to the Council in the future). RECOMMENDATION #2 - Area of#31 - #35 Via Los Altos (Line-of-Sil!ht and Excessive Sneed) Because of excessive speed and line-of-sight problems, the Committee recommends a "Turn Ahead" or "Sharp Curve" sign be erected on the up hill side, prior to the sharp curve near 35 Via Los Altos. Also. it is recommended that Public Works to repaint the center line on Via Los Altos, Owner at 35 Via Los Altos is willing to cut back his shrubs due to line-of-sight problem. (The Town Engineer will look into the possibility of to removing the center island on Via Los Altos which would need approval from the Homeowner Associations in the vicinity, The island causes line-of-sight problems and poses a danger to drivers and pedestrians). RECOMMENDATION #3 - Sil!naee. Lower Main Street. I hour zone. To comply with legal requirements and to avoid confusion to those who park on Main Street, the Committee recommends installation of two "1- Hour Parking" signs on Main Street, The first would be located in the area of 10 Main Street, near the fire hydrant The second would be located adjacent to the red zone fronting Westerly Tea & Spice, .,. ." .. RECOMMENDATION #4 - Bus Ston 131 & Main Street The Committee recommends another bus stop sign be added at the beginning of the bus zone on Tiburon Boulevard and Main Street (fronting Point Tiburon Plaza). The curb should also be painted red for complete length of the bus stop to avoid confusion to motorists and tour bus drivers. Golden Gate Transit drivers are in favor of this recommendation. RECOMMENDATION #5 - Red Zone Frontinl! 1679 Tiburon Boulevard Because motorists are parking in the bike lane create a public safety hazard by causing bicyclists to ride into traffic on Tiburon Blvd" a "red zone" fronting 1679(a) Tiburon Boulevard is recommended. RECOMMENDATION #6 - Loadinl! Zone Next to Guavmas The Committee recommends that the "Loading Zone" on Tiburon Blvd, next to Guaymas be posted as a three (3) minute passenger loading zone replacing the "temporary" bus zone, RECOMMENDATION #7 - Move Bus Zone on Tiburon Blvd. at Main Street Because of serious congestion caused by the transit buses stopping and blocking Tiburon Blvd. To off-load passengers at the "temporary" bus zone on Tiburon Blvd. At the loading zone next to Guaymas, the Committee recommends the bus zone will be relocated to the "Right-Turn Only" lane on Tiburon Blvd at Main Street during the early commute hours. A sign to stating "Golden Gate Transit Unloading Zone -- 7:00 - 9:00am" will be posted at this location, Golden Gate Transit drivers are strongly in favor of the change of the bus zone as they agree that the buses most often block the street. RECOMMENDATION #8 - Multi-Purpose Path (Pedestrian Safety) Due to the congestion on the path and the possibility of bicyclists and pedestrians colliding, the Committee recommends a separation between the bicyclists and pedestrians on the Multi-Purpose Path. It is recommended that a line be painted on the asphalt designating "Bikes Only." This will ensure bicyclists ride in single-file, allowing the pedestrians the room necessary for walking and or jogging on the path. It is also recommended that signs be erected along the Path stating "Bicycles Shall Yield to Pedestrians." C IEF TRAFFIC SAFETY C '" #ftA-~. MtJ RESOLUTION NO. 3125 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON APPROVING THE EXCHANGE OF PROPERTY TAX REVENUES TO BE USED EXCLUSIVELY FOR PUBLIC LmRARY PURPOSES FROM THE COUNTY OF MARIN TO THE CITY OF BELVEDERE AND THE TOWN OF TmURON WHEREAS, the County of Marin, City of Belvedere, and Town of Tiburon (hereafter collectively "parties") have by negotiated agreement agreed to an exchange of property tax revenues and their future allocation in accordance with the Agreement which is attached hereto as Exhibit "A" and incorporated by reference as though fully set forth herein; and WHEREAS, under the provisions of Section 99 of the California Revenue and Taxation Code the parties by resolution are to agree to accept the negotiated exchange of property tax revenue and specify the future allocations of tax increment; and WHEREAS, the parties pursuant to Exhibit "A" by negotiations have agreed to transfer the property tax revenues and specify the future allocation of tax increment; and NOW, THEREFORE. BE IT RESOLVED that the negotiated exchange of property tax revenues and future allocation of such revenues set forth in Exhibit "A" and subject to all of the conditions set forth therein are hereby approved and adopted pursuant to the following conditions: 1) The Town of Tiburon shall approve and authorize execution of Exhibit "A" attached to this Resolution; and 2) This City of Belvedere and Town of Tiburon have agreed and shall adopt similar resolutions approving the exchange of property tax revenue and allocation of future tax increment. Tiburon Town Council Resolution No. 3125 11/01/95 1 PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on November 1, 1995, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ANDREW THOMPSON MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK Tiburon Town Council Resolution No. 3125 11/01/95 2 10-10-1995 09:44 415 50? 140B MSB P.03, DRAFT AGREEMENT RB BB~VBDERE-rIBURON LIBRARY ThiB is an a9r_elllent among the tcunty ct ihIrilll . pclitical aubdivt.ion of the S~ate of california ("county!l) I the Town of Tlbuton, a municipal corporation ("ToWn"), the cit:y of Belvedere, a Inunicipd corporation (Hcityll) I .nd the UlvedeU-'1'iburon Library Agency, a joint: powere ag.ncy cra.hlS by the '1'owrt and the city ("1.9anoy"), and. b bu.d upon t:h. fol1owinq fact_: . (a) PUr.uant to EducaHotl code lI_ctione 19100 .t: ..a., county ha. ..tabli.had . CbUtlty rt.. Library sy.tam tc provide library .ervice. w!thil1 'n ar.a of the count:y which includ.. Town and ciiy, (h) county pt..ant1y levies an ad valorem property tax under RevenUe aM Taxation coda secHon n, .UbcS; (b) .nd, under R.venu. and !rax.Huh eod.s.ctione gfl et Ilea., allocate. a portion t~reof (.p~rox!mate1y 3;5') for the putpc.e Of operating the county ~ree Library By.t.m. , (e) On March ,1994, the voter. of speo!a1 t.x!ni Zone Nc. 2 ot the Marin CoUnty Fr.. Library Syetem approved Me..ura L ~h!ch authori.ed a pareal tax in an amount not exce.ding '36.00 par year tor the pUrpo.. of providing I library ..t"vic... M8Il.Ur. tJ al.o increalled the amount cf tho appropriatione limit of county, in.ofar .. it pertains to the Marin county tree Library Systam, in the amount Of the prodoede Of thl p.t"oal tak for a pariod of feUr yaar., Town and city aro both inoluded within the boundar i.. of Speoial ~axing Zona ko. 2. , 1 "" FltJltL f)f.IJ-FT 7D 6.E- (f (I [';(H(I3I/ It 10-10-1995 08: 45 415 507 140tl MSB P.04 (dl the residents ot Town and city have been concerned tor a oonsiderable time that the library tacilities and s.rvices provided to thelll by the county Free Library syet.m are inadequate. SUch service. are presently at appro~imately one-third the level they Would be if they met national standards for oommunities of their combined size. (el ' An actlve library tund raieinq caapaign by the citilens ot Town and city ha. r.eulted in pledq.. and donation. of almoet two and one haif million dollar. in private fund. to improve library ierVJ.clilll by buildinql e~tlipplng and operaHn9 II neW and Ilnlarl,Jed publio library in their oommunitie.. A site tor a new library ha. been donated to the rown by Mr. Sdward zeiinsky and hid Ili.ter, Mrs. Barbara Abram', ,rbi. eite ha. been dldicated by the Town for the con.truotion of a new library. , efl JfheHve July 1, 1!I!l!$, '1'own and city enhuci''into a , Joint Power' Aqreelllent pUrsuant tc Qovernment Code Sections f500 lilt .aa. 'l'be Joint Power. AlJre.ment created the Belv.dere-Tiburon ~lbr'ty Aqenoy for the purpose, in oooperat:ioh with the PertitleUla Library Foundation, ot oonatrUotin9' o~arating and maintainihq a naw library to .erve Town and city. Thl ~cn.ted fUnd_ referred to in paragraph (el, above, ha~. b.eh received and are adminl.tered by the Plnin.ulA Library Foundation. (91 Town and. city have, 01:' are about tOl adopt Re.olutions of 2 "" 10~10-1995 09:46 415 507 1408 M5B P.05 Intention to withdraw from the County FUe Library system pursuant to Education Code Seotion 19104. Eduoation code Seotion 111104 provide. that upon altch withdrawal the , property dtuated in Town and city ahaU not b. liable to tax.. tor county Fre. ~ibtary ~Urpo.e.1 (h) The withdrawal by Town and city frolll the county Free Llbra~y Syat.. and the cr..ticn of the 8.1~adere-Tiburon Library Agency will heve ~. tOllowing etfeot., (i) A neW munioipal library to be operated by the Belvedere-TibUrt)1l Library Aqency will be ore.ted within rown and city. (ii) The a110dation ot property tax revenue must be adju.tad pur.u.nt to the provieiona of Revenue and Taxation Code Section 99 .0 that the property .ituated in Town and city .hall not, ~ere.fter, be li.b1e to taxes tor county Free ; , t' , Library ~urpo.... (Hi) That portioh t)f the Meaaure Ii parcel tax which is levied within Town and. city may not, thenafter, be 11..d to aupport CoUnty Free Library pUrpo.'. and, therefore, shoUld ba allooated td Town and city. (iv) The appropriation. limit. of county, Town and city muet be ad1Uetad pur.Uant to california conetitution Article 13 8, Seo. 3, to reflect the revieiona in a11bcatione of tax revenuea. ~ 3 10-10-1995 09:46 415 507 1408 M58 P,06 (i) The Belvedere-Tiburon Library Agenoy, acting pureuant to , Oovernlll~nt Code SeoUon 53311 et. .ila., ha. e.tabU.bed a Milllo-Roo. community raoil1tie. District, tbe boundaries ot whiob are ootet.inou. witb the.. ot Town and City. The cOllUllunity raoilitie. Obtdct baa b..n ..tabl1ehec1 to authorize the oonetruction, operation ahd .aintenanoe ot a pUblid library witbin ~own and city. At the regular '. eleotion to be oonducted on Novembat 1, 1995, a ballot m..eure will be submittsd to tbe voter. ot the Community Faol11ties Di.trict whicb, if approved,'weuld authorize tbe Belvedere-Tiburon Library Ag.ncy to levy and oollect . speelal parcel taM not to exceed $66.00 per year for eacb parcel, redUced ".ob y.ar, beginnitt9 in 1996, by the amount at Meaeure 1. .p.cia! tax levied within the Ccnaunity Faci1iti.. Di.triot. (j) The 8elvadera-Tibuton Library Agency intends to operate ./ ~ ita lIunicipal Hbruy il1 cooperation witb tti.i Marin county Ftee Library Sy.tam and othar pUblio librarie.. NOW, THEREFORI, IT IS AGUBD B~ TItE P~TU:S AS FoLLOWS I 1. lIftepU ve JUly 11 un, al\d cotlt1nu!ng Mach riaclal year th.r..fter, the Marin CoUl\ty AUditor .hail ad1U.t the allocaUon ot property tax revehue determil'lad purauant to Revenue and TaxaUon Code Section 96.1, or the .nnua1 tax inorement determ!l'Ied pdr.uaht to section 96.e, ~o that there is ino1uded il'l the allodation. to ~own and city a peroenta;e of the total ad valorem propert1 tax levied on and collected , 4 10-10-1995 09:47 415 507 1408 M58 P.07 from property within Town and city which i. equal to the percentage of such tax allocated to the county Fre. Library system from areae whioh are liable to taxation for the county Fre. Library syetelll. Town .nd city .hall tran.ter to the Selvedere-Tiburon Library Agency, to be used exolu.ive1y for library purposee, the amount ot the allooations received by the. a. t~e result ot .uoh adjustment. 2. county agree. that the speoial pared tax authoriaed by M~asure L to be levied within Speoisl Taxing Zone No. 2 .hall oontinue to be levied by county within Town and city only during such periOd ot ti.e .. the &elvedere-Tiburon Library Agency has not received froN its Voters authorization to levy and collact the Mallo-Roo. co..unity 'aclliti.. Distriot special parcel tax hsreinabove referred tel. county aqr..s , that during suoh time a. it continue. to levy the Measure L I special ~rcel tax within town and city, th. proceeds of .uch ..fl 18vy shall be paid to Town and eU:y arid by'thelll tran.ferrad to and used by Agency eolely for libtar~ .ervice.. AlthOUgh the partiea hereto believe that: .Uoh transfer is legally authorizad, Town and cit}l agree to indemnity county I !t8 offioere, agent. and amploy.e. and hold them harmle.. from any claim., actions, .ui~e. re.., cos~. and expen... which may be incurred a. the ruult ot any challenge to the 1.qaHty thereof. county agre.. to coop.rata in the del.ne. of any such action or suit which lIIay b. brought to chdlenge the validity of 8uoh tran.ter. , !l ~ l0-10-1995 09:48 415 507 1408 MSB P.GS 3. Acting pUr.uant to california constitution Article 13 8, s.c. 'J, the perti.. agree that: .ffeotive July 1. 1996, the .ppropriation. limit for Town and city ahall b. increased in accordance with the adjusted allocation of ~ropetty tax revenue made in accordanc. wHh paraqraph 1 h.r.of. The partie. further agre. that for the 1996-91 and igg7-ge fi.c.1 ye.rs th.. appropri.tion. 1illit~ of 'rown a/'ld city ahall be increa.ed in the amoUnt of the proc.eds of the Me.eun L . . .paoial parcel tax tran.ferred to th.. pursUant te paragraph I ;, h.r.of. 4. Th. parU.s hereto ague to ne\iloU.h ill ejood tdth to naolve all other i.eu.. that llIaY .ri.e in t:onneetibi'l with the trandUon frolll the county Library sy.hlll to . lIIunicipal library, ineludinq ttithout HlIIit.UOft, i..u.. r.latinq to 1.... obligations, oooperative .ervice., int.r-1ibrary loan., contract. for proces.inq and purchasing I personnel i.aue. and , , i.au.a relating to tran.fer of 1ibrary eoii.etionl co~put.r. and computing ey.t... and other eqUipment. IN WITNESS WHEREOF THE PARTIES HAVa EXBCUTED THIS AGREEMENT ON THE DATE SET FORTH IN THE FIRST PARAGRAPH HEREOF I COUNTY OF MARIN By - ATTESTs County Clerk 6 .,. 10~10-1995 09:48 415 507 1408 TOWN, or TIBURON By ATTEST I Town Clerlt CITY or B.LVBDBRI By ATTEST I C1~y Clerk BBLVEDERI-TIBURON LIBRARt AGENCY By ATTESTs secretary M58 . ~ ,.' 7 P.09 10--27-1995 11: 12 415 507 1408 MSB TOWN OF TIBURON ,~. ..... .--r Jkiv- P.02 1t6Jd!J IU' TlBURON IOUUVAlO . TIBURON . CALf~NIA WIjIW . (41')<6JJJ.1J73 P"X (415) .3,.2431 Ootober 27, 1.995 fR1~CGfEU~~[Q) ocr 2 7 1995 TOWN MANAGER'S OFFICE TOWN OF TIBURON TO: Town Council Town ot Tiwron FROM: John E. Sharp Withdrawal trom County Library Sy.tem: statement at Change in Boundarie. REI As you may rocal1, on September 20, 1995, the Council adopted aesolution No. 3120 regarding it. intent to withdraw tram the Marin County Fre. Library Sy.tem. The next .tep in accomplishing that withdrawal is to notify the County Cand ultimately the State) of the change in boundaries at the area that wa. tormerly .erved by the County library .y.tem in TibQron and Belvedere, and ot the creation at new boundarie.. Those boundaries are identical to the exterior boundaries at Tiburon and Belvedere, and are repre.ented by a map, reterenced a. Exhibit A in the enclo.ed torm of Re.olution. The map it.ea cannot conveniently be included in your agenda material., and will be available at your meeting ct Ncvember 1, 1995. The enclo.ed Re.o1ution enable. the Town to provide the required notioe to the county and state pertaining to the boundary change that will occur a. part of creation of the municipal library. This change will facilitate the exchange of revenues between the County and Tiburon and Belvedere, in order to allcw the library to proceed. The Town is required tc provide this statement at boundary change, and notiCe of intent to withdraw to the county on or betore eecember 1, 1995. Your adoption of the enclo.ed re.o1ution should be the tinal administrative step tc be taken by the Council in withdrawing from the Marin County Free Library SystBm; however, in an abundanoe of c.ution, I have drafted the resolution so as to allow the Mayor to ex.cute .uch documents a. may be n.c....ry to carry out the int.nt of the resolution. The reason for this ie th.t the state of California require. a specific fOrD of notice, which I have not yet been able to obtain. Since that form may r.quire the Mayor'. .ignature, I would like to have you authorize --'~ 10-27-1995 11:12 415 507 1408 MSB P.03 Town Council October 27, lii5 paqe a that eiqnature without the neceeeity ot takinq the time to have the matter heard at another council meetinq. ~ (~/.-;4/ I JOHN E. SHARP r ee: Hr. Rebert Kleinert Mr. Ed San oieqo City Manaqer Belvedere Gery Raqqhiantl, Eaq. (By hand) Q:INoU'OUJ'<ll \M.COIJIIQ, .,. 10-27-199511:13 415 507 1408 ~1SB P.04 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TrBURON AUTHORIZING A STATEMENT OP CHANGE IN JOtlNtl,uIJ:S CONSISTENT WITH WYTHDRAWAL PROM COUNTY FREE LYBRARY SYS~EM WHEREAS, the Town of Tibu~on and city of BelvecSe~e a~e currently part of the Marin county Free Library eystem and receive library .ervic.. from the county; and WHEREAS, on April 111, 1 !Ill 15 , the Town Council pas.ed ae.olution No. 3086 authorizinq execution of a Joint Power. Aqreement with the City of Belvedere to ere at. a Belvedere-Tiburon Library Aqency; and WHEREAS, on May 3, 191115, O~dinance No. 413 N.S. eetabliehinq a municipal library was adoptecS at a re;ular meetinq of the Town Council of tne Town of Tiburon; and WHEREAS, on September 20, 1995 tne Town council of the Town of Tiburon adopted Re.olution No. 3120, a re.olution of the Town council of the Town of Tlburon ..preseinq the intent of the Town of Tlburon to withdraw from the Marin County Library Di.trict; and WHEREAS, on Nov8lllbe~ 1, 111l15, the Town Council of the Town of Tiburon adopted Reeolution No. :JU5, approvinq the excnanqe of p~operty tax revenue. to be u.ed exclueively fo~ pUblic library purpo.e. from the county of Marin to the city of Belvedere and the Town of Tiburon; and WHEREAS, on October 25, 19115, the city Council of the city of Belvedere adopted Re.olution No. 95-36, approvinq the exchanqe of property tax revenue. to be u.ed exclu.ive1y fo~ public library purpo.e. from the county of Marin to the city of Belvedere and the Town of Tiburon; and WHEREAS, California Eduoation Code 519104 require. that the Town Council prepare and .ubmit to the County a statement of change in boundarie., a. .et forth in Gove~nlllent Code 5554900 throuqh 54903, inolusive; and WHEREAS, the exterior boundaries of ths Municipal Library eont8lllp1ated by the aforementioned Ordinanoe No. 413 N.S. are coterminou. with the exterior bounda~iea of the City ot Belvedere and the Town of Tiburon, a. more particularly deaoribed in that certain llIap attaohed hereto a. Exhibit A, incorporated herein by reference; and 10-27-1885 11:14 415 S07 1408 M5B P.C5 WHEREAS, the portion of the area served by the Marin county Free Library Sy.tem in the Telwn elf Tiburon and the City of Belveder., which will no lonq.r be sel:'ved by said system is coterminous with the exterior boundaries of the City of Be1v.dere and the Town of Tiburon, a. more particularly de.cribed in that certain map attached hereto as Exhibit A, incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town elf Tiburon that: 1) The Town of Tiburon hereby reeolve. and .t.te. that, as a result of the withdrawal of Tiburon .nd Belvedere from the Marin Ccunty Free Library Sy.tem, the boundari.. of the .rea of T1buron and B.lvedere served by .aid .y.tem will chanqe. .uch that ths area dSBcribed in Exhib1.t "A" to thi. R..olution will be removed from the County a....em.nt roll. 2) Th. Mayor is authcrized tc execute euch furthex- document. aa may be n.c....ry to carry out the intent cf this R.solution a. de.cribed in the r.cit.l. Bat forth h.reinabove. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 1, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: ANCREW THOMPSON, MAYOR Town of Tiburon ATTEST: DIANE CRANE, TOWN CLERK Q:\MlB\OOS\OI\DlOI,.U'ft{ TOWN OF TIBURON STAFF REpORT To: From: Subject: Date: TOWN COUNCIL TOWN MANAGER BLACKIE'S STATUE LOCATION November 1,1995 ITEM NO. 7-(4) This past April, the Tiburon Peninsula Foundation, representing a bequest of the Gordon Strawbridge Trust, proposed the installation ofa life-size statue ofBlackie in Blackie's Pasture. The Foundation representatives initially requested the statue be located along Tiburon Boulevard, however, this site was subsequently rejected primarily because of safety reasons. In May, a committee composed of Parks and Open Space, Heritage & Arts Commission, and Tiburon Peninsula Foundation representatives met on-site in Blackie's Pasture and selected an area near the service road bridge and pedestrian path for the statue location. Last Tuesday, October 24, the statue ofBlackie arrived on-site along with the installation equipment, workmen, artist and Tiburon Foundation representatives, They observed certain problems associated with the committee-recommended location and proceeded with the installation of the statue in an area outside the previously selected area, Late in the afternoon of the same day, I first learned of the relocation and related problems upon receiving a telephone call from Parks and Open Space Commissioner Wayne Snow, He had observed the installation and proceeded to inform the workmen that the statue was being installed in the wrong location, They apparently told him that this is where they were told to install the statue, and requested him to leave the area in a somewhat threatening manner, I advised Mr, Snow that I would immediately send police to the area to stop the work and investigate the conduct of the workmen, Subsequently, Tiburon Foundation member AI Kuhn returned to the site and found that the work had been stopped, Mr, Kuhn then contacted me by phone and requested the reasons for the work stoppage, I indicated my discussion with Mr. Snow and the problem oflocation of the statue and, more seriously, the conduct of the workmen, He explained the basis and need for the shift in location of the statue installation, however, he was unaware of any incident between the workmen and Mr. Snow, A short time later, Mr. Smith arrived at the site, observed the situation, and contacted me by phone, He indicated the reasons for the shift in location (which is estimated at 50' from the area selected by the Commission) were: I) The recent grading of the pasture area resulted in a slight downslope by the service road bridge and walkway area, apparently for drainage purposes; "" TOWN COUNCIL Page 2 November I, 1995 2) By actually having the statue on site, they were able to determine that the slightly lower elevation near the bridge site would result in a visual backdrop behind the statue of the bridge railings, as opposed to the more desired Bay waters and San Francisco panorama; and 3) The artist participated in the day's earlier new location determination and strongly recommended the revised site, Mr. Smith concluded that they were in a very difficult situation at the time, with the installation well under way, and that the statue could not be easily hauled away until the issue was resolved, Therefore, he requested I lift the stop work order. I noted that this request also placed me in a very difficult position, and asked if the statue could be easily relocated after installation. He checked with the artist and the workmen and they said it could be moved with minimum time and expense, if they had the use ofa backhoe. Based upon the reasoning and recommendations of both former elected Town officials, the artist's recommendation concerning this issue, and the commitment to relocate the statue ifindeed this is what POSC, Heritage & Arts, and lor the Town Council desires, I permitted the installation to proceed at the new location, I was obviously aware of the prior Committee site selection process and the Town's normal decision-making process for such matters, However, my decision was determined essentially upon the extenuating circumstances, timing and relocation guarantee, R.L. Kleinert J? I}V Town Manager I' U \ Attachments 1. POSC Minutes #129 dated 4-11-95 2. POSC Minutes #230 dated 5-9-95 3, Town Council Minutes #1051 dated 5-17-95 4, POSC Chairman's Memo dated 10-25-95 5, POSC Staff Memo dated 11-1-95 '" -' III. PUBLIC OUESTIONS AND COMMENTS There were none. IV. BUSINESS ITEMS 1. BLACKIE'S STATUE (Consider Tiburon Peninsula Foundation's Proposal for Placement of Life-Size Statue) Larry Smith introduced Jim Mitchell of the Tiburon Peninsula Foundation. (Commissioner Wiviott arrived at 7:45 PM). Mr. Smith presented a series of photographs depicting the proposed location of Blackie's sculpture. The proposed location is approximately lOO' from the bridge crossing, towards the Tiburon sign, on the shoreline side of the walking path. The sculpture will be lighted at night by the existing street light which will allow it to be seen at night and discourage pranksters. The concept of the sculpture is to depict Blackie as he was standing naturally in his pasture. The sculpture will be mounted flush to the ground, not on a pedestal. The ground underneath will either be sand or grass and there will be no sharp edges on the sculpture. Mr. Mitchell d,isplayed the artists first prototype of the sculpture, noting refinements are underway to the prototype. Mr. Smith reported that the artist will be creating lOO limited editions of the smaller sculpture which will sell for $500 each. At Blackie's Big Birthday Bash the artists proof will be auctioned off. The life size sculpture will be unveiled at the bash and installation is set for June 3, 1995. Chairman Snow stepped down from consideration of the matter due to his home being within 300' of the proposed site. (Commissioner Eth arrived at 7:55 PM). Vice-Chair Ferro opened the matter to the public. Janet Braff, Heritage & Arts Commission Chair, questioned if her Commission would have an opportunity to consider the matter. Mr. Smith responded "yes". Mrs. Braff recommended that Sam Shapiro be recognized on any plaque installed in Blackie's Pasture. Mr. Smith responded Sam Shapiro will be recognized on a plaque along with others who have contributed $500 to the pasture improvements, Wayne Snow, 100 Jefferson Drive, expressed his concern with traffic safety and questioned if CALTRANS would need to sign-off on the location. Mr. Snow also questioned if the Foundation had alternative site locations. Mr. Smith responded that he does not see traffic safety as an issue as cars are generally slowing down as they approach Trestle Glen. POSC MINUTES NO. 129 4/11/95 2 t/fIcdJ~ / ~ Andrew Thompson questioned if the sculpture could be moved. Mr. Smith responded it could, but it would take several hours to do so. Janet Braff suggested story poles be erected showing the elevation and size of the sculpture. Commissioner Rony noted Tiburon Blvd. narrows from two lanes to one in the area. She expressed concern that as children are going to sit on the sculpture it should be located away from the Highway. Commissioner Wiviott questioned if the Police Chief has reviewed the location. Mr. Smith responded "no". Vice-Chair Ferro felt that placing the sculpture close to the path actually detracts from the pasture scene the Foundation is trying to capture. Mr. Jim Malott felt the best location for the sculpture would be near the water front. Mr. Mitchell noted the location places Blackie in a spot where the maximum number of people would see him. Commissioner Rony questioned if the Foundation can acknowledge the Commission's concerns with safety, what would be their reservations about placing it in the pasture. She also noted that a "Historical Landmark" sign with an arrow could be installed directing visitors to the sculpture. Commissioner Eth expressed great concern about children being attracted to the sculpture and its proximity to the Highway. He feels this is like a small playground and he would never considering putting a swing set at this location. He feels it could be considered an attractive nuisance and feels an alternative location should be sought. Commissioner Rony suggested a sub-committee be established to come up with alternative locations. After locations have been determined then either story poles or a plywood replica should be erected. Commissioners Eth, Wiviott and Sullivan volunteered to serve on this sub-committee. They will meet Friday, April 21, 1995 at 6:30 PM, along with a sub-committee of the Heritage and Arts Commission. Staff to request comments from the Chief of Police and Town Attorney. 2. REQUEST FOR ENCROACHMENT PERMIT ON HILARITA OPEN SPACE (Resolution) POSC MINUTES NO. 129 4/l1/95 3 .' .... "'- overflow parking, retains Blackie's grave, has the same habitat value as the original plan, and keeps all excavated materials on the site. The plan also calls for above ground drainage which will decrease the cost of the Brigade plan. Anne Thoms, Environmental Forum, noted they asked that Phil Williams work around parking in the Brigade plan. Mogens Bach questioned if there is a cost estimate for the revised plan? Anne Thomas replied that if the Town approves the marsh, the Audubon Society will seek grants and pay for the achievement of the plan. Dick Hill, Paradise Drive, commented that part of the Phillip Williams "charge" was to see how much of the salt marsh could be put on the east site of the bridge, noting there is not much reduction of marsh area on the west side of the channel. He also noted a natural marsh is developing outside the bridge and recommended the Town let nature take its course and have a natural marsh. Ms. Salzman agreed a tidal marsh is developing, but does not feel it is a substitute for the proposed marsh. Commissioner Rony questioned how long it would take for the proposed marsh to become functional? Ms. Salzman stated 5- I 0 years. The Commission discussed the revised plan and requested staff to prepare an overlay of the revised marsh plan and the Blackie's Brigade plan, that The Audubon Society obtains a cost estimate, and that a public hearing be scheduled for the Commission's regular meeting of June 13, 1995. 2. BLACKIE'S SCULPTURE (Site Selection for Placement) Jim Mitchell, Tiburon Peninsula Foundation, reported the subcommittee ofPOSC, Heritage and Arts, and the Tiburon Peninsula Foundation met and unanimously agreed on a site for the installation ofBlackie's sculpture. The proposed location is west of the bridge, on the inland side ofBrunini Way. Commissioner Rony expressed her concern that the proposed site will interfere with the proposed marsh plan. MOTION: to approve the subcommittee's recommendation for the location of Blackie's sculpture near the bridge crossing the creek to McKegney Green Ferro, seconded by Sullivan AYES: Wiviott, Ferro, Klairmont. Sullivan ABSTAIN: Snow, Rony ABSENT: Eth Moved: Vote: POSC MINUTES NO. 130 MA Y 9, 1995 2 .... !/tIed..J- 2 r l L I , v TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 p.m., Wednesday, May 17, 1995 in Council Chambers, 1101 Tiburon Blvd., Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Nygren, Thayer, Thompson, Wolf ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Police Chief Herley, Finance Director Stranzl, Planning Director Anderson, Town Engineer Mohammadi, Public Works Superintendent Iacapi, Town Clerk Crane B. INTRODUCTION OF NEW TOWN EMPLOYEES La) Public Works Superintendent Iacopi introduced new Maintenance Worker I Jennifer Kielar, saying she had scored the highest on both written and oral tests of all 21 applicants for the position. b) Planning Director Anderson introduced new building inspector Bill Talley, formerly with the Town of Corte Madera. C. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES 2. Council approved RUSD designee Richard Rosen as the at-large delegate to the New Library Board of Trustees. D. PUBLIC OUESTIONS AND COMMENTS None. E. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS 4. Wayne Snow, Chairman of the Parks and Open Space Commission, recommended approval of the Barbara Meislin Swing Bcnch, and rcported that the Commission had discussed the placcment of I3lackic's statue and proposcd Marsh Restoration Plan. Councilmembcr Nygren had some questions about thc altcrnativcs listed in the Williams & Associates Ictter to the Audubon Society (re the Marsh). TOWN COUNCIL MINUTES #1051 5/17/95 1 .... .... iJtfcd tJvf- '3 r [ l_. .i' , Chairman Snow said the report had not yet had a public hearing, so he was unable to comment on the direction the Commission might take. Councilmember Thayer asked for clarification on the placement of Blackie's statue, and was told that the ultimate placement of the statue would depend on the final Marsh Plan. On a separate issue, Councilmember Thayer reported to the Council that the Board of Supervisors had approved the largest ever grant of Community Development money ($82,435) to the Hilarita. He noted that it was an indication of the County's support for that project in the face of potential loss of federal funds. F. CONSENT CALENDAR 5. RESOLUTION DENYING APPEAL/GRANTING VARIANCE (Bronte) 6. VISTA TIBURON SUBDIVISION (Final Map/Resolution) 7. MINUTES #1050, May 3, 1995 (Page 6, Item 9 Amended per Councilmember Wolf) Council member Thayer moved for approval of Items 5, 6 & 7 (above), seconded by Councilmember Wolf. All ayes were recorded, except for Council member Nygren, who abstained from voting on Item 6 due to proximity conflict. Town Manager Kleinert asked for an item to be added the Consent Calendar regarding the Belveron Gardens pump station and sewer rehabilitation project. Council asked for time to review the project, previously agreed to in concept, at a future meeting. Item was set for hearing on May 23, at 7: 15 p.m. Council requested that residents adjacent to project be notified of the meeting. Item 8 (Major Crimes Task Force) was movcd off the Consent Calendar. 3. a) Council returned to Committee Reports. Janet Braff, Chair of the Heritage and Arts Commission, gave a report on the newly completed Walking Tour Brochure. Michael Heckmann, architect and contributor of artwork to the brochure, also gave a brief report. Copies of the brochure were made available to those present, and will be available at various locations in Town. Red & White Fleet bought 25,000 of the 50,000 copies printed. Councilmember Nygren and Mayor Thompson thanked the Commission for their efforts, and Town 1\1anager Kleincrt thanked the Commission on behalf of the Chamber and the business community. G. PUBLIC HEARIl"C 9. GREEN CAN PROGRAM. Town Manager Kleinert gavc the staff report prior to the second public hearing on the proposed yard waste removal ("Grcen can") program. Hc reiterated some of the concerns expressed by thc public at thc April I l) hearing and gave staffs responses. He stated that other Marin County communities had TOWN COUNCIL MINUTES #1051 5/17/95 2 ...1 JCT-25-1335 15: 15 GriLJ I ~,l BRQ,,j:.....j B;J'_i=l:--ID 415 332 3784 ~.Jl ., MEMORANDUM Date; ORIGINAL October 25, 1995 f5) ~ (i\j ~. n WI ffi. ill) Joanne Ferr~ b" UIl ('\('1 2 5 \995 Parks & Open S~ Commission Chair UV, ., r-1Nft~\C:= DEPAh I i,._Nl Parks & Open Space Commission c/o Heidi Mc Veigb Town OF TIBURON From: To: Subject: Placement of Sculpture of Blackie _.._.a__________.___._________._____________._____________________________________________ As you probably all know by now, Blaekie was placed in Blaekie Pasture yesterday in a location that was totally unexpected. Our commission worked with and considered input from those wbo were interested in the community to select a appropriate location. Blackie was not placed in the selected location. There appears to be many unanswered questions. I believe the pIaeementofBlaekie calls for a response from the Parks and Open Space Commission. I assume all ofus have specific concerns and recommendations on this issue. 1 would like to address those issues at a specially called commission meeting prior to our next scheduled one of 11/14/95. This is a Parks & Open Space Commission issue aod I think it should be addressed by our rommissioD before it proceeds to any other level of government Heidi Me Veigh will contact you to determine which date is best for you. Monday, October 30th at 8:00 a.m. or Wednesday. November 1st at 6:30 p.m. Thankyou for your time. cc: Robert Kleinert, Town Manager Town Council TJr:._ "',3! .... )fIcd~L( , ',,:~ . -;-~.,.... ~ "~ '. - -.--=..-'-----c... _~",,-. _ ='" .t::=::.; . -' . '..,- ...... _',~I ,.' u -- ~,' . .....- -t.t~',,"'~j"'~""\."-:---_' '.1oQ~.:~. ~-.- _~~'-.:::::.::~_.tJ.-~=-__ . .;~~. . ,-' .' \., "'l" I . .' I ~. --~-~ -= --- "A~ .('~":),'u::~"l. )_("~....~.._. . 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'\\'~('. . - ~ \~\W.\, , \ . , . ~'.t..: ., : .' MEMORANDUM TO: PARKS & OPEN SPACE COMMISSION NOVEMBER I, 1995 FROM: HEIDI MCVEIGH, SECRETARY SUBJECT: BLACKIE'S SCULPTURE BACKGROUND The Parks & Open Space Commission considered a request by the Tiburon Peninsula Foundation for the placement ofa life-size sculpture ofBlackie in Blackie's Pasture on April 11, 1995. At that time the Foundation requested the sculpture be placed along Tiburon Boulevard, approximately 100' from the bridge crossing, towards the Tiburon community sign, on the pasture side of the walking path, After considering the proposed location, the Commission had concerns with traffic safety and the sculpture attracting children to a location near the highway. The Commission formed a sub-committee of Parks & Open Space Commissioners Jordan Eth, Margo Wiviott, Brian Sullivan; Tiburon Peninsula Foundation members Larry Smith, Jim Mitchell, Barbara Matthew; and Heritage and Arts Commissioners Janet Braff, Susan Ethridge and Victoria Arnett. This sub-committee met on April 21, 1995 at the Pasture to consider an appropriate location for the sculpture. The Parks & Open Space Commission considered the sub-committee's recommendation at their meeting of May 9, 1995. Jim Mitchell reported the sub-committee unanimously agreed on a site for the installation of Black ie's sculpture west of the bridge on the inland side ofBrunini Way. The Parks & Open Space Commission considered this location and approved the site. On Tuesday, October 24, 1995 the sculpture ofBlackie was installed in an unexpected location. ANALYSIS The statue of Blackie was installed in a location that was not approved by the above mentioned sub-committee and the Parks and Open Space Commission. Further, the Commission was not officially advised that the statue would be installed in a location other than that approved, The underlying problem is that it is unclear what the appropriate process should be in the event an applicant needs to revise a project approved by the Parks & Open Space Commission, Attached you will find the Town Manager's Staff Report to the Town Council, outlining the recent events that led to the installation of Black ie's statue in its current location, This matter is scheduled for consideration at thcir meeting immediately following the Commission's mceting. .... AifrrA~~ RECOMMENDATION That the Parks & Open Space Commission consider the reasons for the revised location and either: I. Recommend to the Town Council that the statue be moved to the approved location near the footbridge. 2. Recommend to the Town Council that it accept the revised location, The Commission can further recommend that any revisions to approvals granted by the Parks & Open Space Commission to Blackie's Brigade must first be reviewed and approved by the pose. EXHIBITS I. POSC Minutes No. 129, April 11, 1995 2. POSC Minutes No, 130, May 9, 1995 3. Site Map indicating approved location for Blackies Statue 4, Memo from Chair Ferro to POSC, dated 10/25/95 5. Memo from Town Manager to Town Council, dated 11/1195 6. Memo from Chair Arnett, Heritage & Arts Commission, to Town Council dated 10/27/95 cc: Town Council Blackie's Brigade Heritage & Arts Commission .... .... ~. ~ !11~ teA) TIBURON HOUSING COMMITTEE PRESENTATION TO TOWN COUNCIL October 18, 1995 SUBJECT: SALE OF NED'S WAY PROPERTY (1.5 Acres) TO RDA FOR DEVELOPMENT AS 100% AFFORDABLE RENTAL HOUSING I. TOWN OBJECTIVES OF NED'S WAY SALE A. Obtain Funds of $IAM - Quickly,No Contingencies B, Provide Appropriate Housing for Seniors (Age 62 and over)- Esthetically pleasing, minimize traffic impacts, etc, C, Meet RDA requirements - avoid future Town fmanciaI liability D, Additional Considerations - Respond to needs of Aging Low Income Seniors - Efficiently utilize available RDA Funds - Meet letter/spirit of Town General Plan Housing Element And California Redevelopment Law II. STRATEGY A. Sell Ned's Way to RDA - Town receives $$ now - no contingencies - RDA controls project - Financial flexibility (R. Ewing 6/30/95 letter/Bond Counsel Meetings 8/14/95 & 10/16/95) III. BENEFITS (By Selling to RDA for Affordable Seniors' Rental Program) 1 .... $' A. Town Benefits Directly - Obtains full fair market value - builds Police Station - Eliminates unfavorable negotiating position - Avoids risk of future liability (per bond counsel) - Helps those with greatest need - aging low-income (75% Farley & Bradley are single women over age 62) - Enhances Town's Community image as caring - Reed School -Child Care Center & Hilarita may receive traffic circulation benefits from RDA involvement) - RDA has quality control - Town (RDA) uses funds that may otherwise revert to Marin County III. HOUSING COMMITTEE RECOMMENDATION - Obtain appraisals per RDA bond counsel advice - Meet with appropriate affordable housing program managers to determine feasibility (Ecumenical Association for Housing and others) - Report to Council with fmdings 2 .... ,,~ e, TOWN OF TIBURON STAFF REpORT To: From: Subject: Date: Item No. ~(C) TOWN COUNCIL TOWN MANAGER BUILDING ADVISORY COMMITTEE - ARCHITECT'S CONTRACT November I, 1995 Background The Building Advisory Committee (SAC) presented the Tiburon Town Council with a professional services contract between the Town ofTiburon and Bull, Stockwell, Allen & Ripley of San Francisco for the architectural design of the new Town Hall Facilities in downtown Tiburon at its regular meeting on October IS, 1995. The agreement was comprised of a modified standard form of AlA contract which had been reviewed by BAC and the acting Town Attorney. The contract contained basic provisions similar to the ones previously utilized between the Town and RolandlMiller Associates. Comments Council discussed and requested clarification of certain provisions of the contract. The Building Advisory Committee and Town Attorney have added the following provisions: I) Page 6, Para,2,6.I4 Clarified issuance of final certificate of payment 2) Page 6, Para,2.6, I 5 Clarified "reasonable promptness" 3) Page 7, Para.3.2.1 Clarified Project Representative 4) Page 14, Para,S.4 Changed 7 days to 14 calendar days 5) Art, I 2, Page 6 Added allowance for Landscape architecture - $17,000 and Civil Engineering - $9,500 6) Art. 12, Page 3 Para, 12. 15 1ncreased "Errors and Omissions" 1nsurance from $300,000 to $1,000,000 7) Table of Contents 2 pages ~ .' \ ) ,> TOWN COUNCIL Page 2 November I, 1995 Recommendation That the Town Council approve the draft contract for architectural services between the Town ofTiburon and Bull, Stockwell, Allen & Ripley, and authorize Mayor Thompson to execute said contract. RL. Kleinert Town Manager Exhibits 1) Revised Draft Standard Form of Agreement between Owner & Architect (10-24-95) < . , . IO~).i~1, CRArY Standard Form of Agreement Between Owner and Architect 8ased on AlA 8141-1987 With Amendments as Noted AGREEMENT made as of the 'Nineteen Hundred and Ninety-five. day of in the year of BETWEEN the Owner: TOWN OF TIBURON 1155 Tiburon Boulevard Tiburon, CA 94920 (Name and Addrus) and the Architect: (Name and Address) BULL STOCKWELL ALLEN AND RIPLEY, A CALIFORNIA CORPORATION 350 Pacific A venue San Francisco, CA 94111 For the following Project: (Include detailed description of Project, location, address and scope) Tiburon Town Hall on Tiburon Boulevard near Mar West Street, to include Town officcs, meeting space and other facilities as generally described in the architectural program summarized in the attached Exhibit 1. The Owncr and Architect agree as set rOM below, wS\1iI'b14H1hldl oe229~ -1- .... Tlburon Town Hall STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT Contents Article 1 . Architect's Services and General Provisions . . . . . . . . . . . . . . . . . . P. 2 1.1 Architect's Services: 1.1.1 Services Described 1.1.2 Schedule 1.1.3 Time Limitations Article 2 - Architect's Basic Services . . . P. 2 2.1 Definition 2.1.2 Preliminary Phase Schematic Design Phase Design Development Construction Documents Phase Bidding or Negotiation Phase Construction Phase: 2.6.1 Phase Commencement and Termination Services Provided Modification of Duties Architect's Representation of Owner Sile Visits Limitations of Construction Responsibilities Access to the Work Communication Payment Applications Certificates for Payment Rejection or Testing of Work SubmiuaIs, Shop Drawings, etc. Change Orders Substantial Completion, Warranties Interpretations Consistency of Interpretations .A~eslhel:is b'esi6isRs Wriuen Opinions 2.2 2.3 2.4 2.5 2.6 2.6,2 2.6.3 2.6.4 2.6,5 2.6.6 2.6.7 2.6.8 2.6,9 2.6.10 2.6.11 2,6,12 2.6.13 2.6.14 2.6.15 2.6.16 2.(\,17 2.6.18 Article 3 . Additional Services . . . . . . ,P. 7 3.1 General 3.2 Project Representation Beyond Basic Services 3.3 Contingcnt Additional Services: 3.3,1 Revisions 3.3,2 Project Changes 3.3.3 Change Orders 3.3.4 Substitutions \wSllib\stc_toc 101895 .... 3.3.5 Fire or Other Damage 3.3.6 Default 3.3.7 Claims 3.3.8 Hearings, Proceedings 3.3.9 Alternate, Fast-Track, Separate, Sequential Bids 3.4 Optional Additional Services 3.4.1 Analysis and Programming 3.4.2 Feasibility, Special Studies 3.4.3 Planning Surveys, Site Evaluations or Comparative Studies 3.4.4 Governmental Studies or Submissions 3.4.5 Future Facilities 3.4.6 Existing or Other Facilities 3.4.7 Furnishing or Verifying Owner's Information 3.4.8 Separate Contractors 3.4.9 Separate Consultants 3.4.10 Detailed Estimates 3.4.11 Quantity Surveys 3.4.12 Owning and Operating Costs 3.4.13 Interior Design 3.4.14 Tenant Services 3.4.15 Inventories and Appraisals 3.4.16 Record Drawings 3.4.17 Testing, Operation 3.4.18 Post Completion 3.4.19 Providing Other Consultants 3.4.20 Other Additional Services Article 4 - Owner's Responsibilities . P. IO 4.1 Information 4.2 Budget 4.3 Legal and Financial Information 4.4 Owner's Representative, Approvals 4.5 Surveys, Existing or Base Building Information 4.6 Geotechnical Engineers 4.6.1 Other Consultants 4.7 Tests 4.8 Legal, Accounting, Insurance Services 4.9 Expense, Schedule, Accuracy 4.10 Notice of Defects 4.11 Certificates and Other Forms Article 5 - Construction Cost ., ..., p, I I 5,1 Definition: 5.1.1 Construction Cost 5.1.2 Inclusions 5.1.3 Exclusions 5.2 Responsibility for Construction Cost 5.2,1 Estimates 5,2,2 Fixed Limit of Construction Cost Contents STC-TOC 1 5.2.3 Delayed Bidding or Negotiation 5.2.4 Owner's Rights ifF"Ixed Limit is Exceeded 5.2.5 Architect's Responsibilities if Fixed Limit is Exceeded Article 6 . Use of Architect's Drawings, Specifications and other Documents . . P. 13 (See 12.9.1. 12.9.2) Article 7 - Arbitration (See 12.10) P. 13 Article 8 - Termination, Suspension or Abandonment . . . . . . . . . . . . . . . P. 14 8.1 Tennination by Either Party 8,2 Suspension and Resumption 8.3 Notice; Abandonment 8.4 Failure to Make Payments 8.5 Notice Upon Failure to Make Payments 8.6 Compensation Upon Tennination g.? TBHRiRat:iElR :iXfBRSB Article 9 . Miscellaneous Provisions . . . P. 15 9.1 Law Governing 9.2 Exercise of Rights 9.3 TIme Limits 9.4 Property Insurance Waivers 9.5 Successors and Assigns 9.6 Entire Agreement 9.7 Third Parties 9,8 Hazardous Materials 9.9 Professional Credits Article 10 - Payments to Architect . . . ,P. 10 10.1 Direct Personnel Expense (Hourly Rates) 10.2 Reimbursable Expenses 10.3 Payments on AccQUnt of Services 19.3.1 IRiYal Pa~lIleRt 10.3.2 Progress Payments 10.3.3 Time Extensions 10.3.4 Deleted Work; Change in Scope 10.4 Payments on Account of Additional Services. Reimbursable Expenses 10.s Payments Withheld 10.6 Architect's Accounting Records Article 11 - Basis of Compensation P. 18 11.1 IAi~1 Pa:;meRt 11.2 Basic Compensation 11.2,1 Basic Services 11,2.2 Progress Payments 11.3 Compensation for Additional Services 11.3,1 Project Representation \w5\t.ib\stc_lllC 101895 11.3.2 For Additional Services of Architect 11.3.3 For Additional Services of Consultants 11.4 Reimbursable Expenses 11.5 Additional Provisions 11.5.1 Time Extension 11.5.2 Payment Due Date 11.5.3 Rate Adjustment Period 11.6 Fixed Limit of Construction Cost Agreement (Signatures): . . . . . . . . ,p, 20 Article 12 - Other Conditions orServices . . . . . . . . . ,An.12-p.I Schedule Cost Estimates Environmental Review Information Contract Forms; General and Supplementary Conditions 12.5 Construction Meetings and On-site Visits 12.6 Communications 12.7 Codes 12.8 Town Meetings 12.9.1 Ownership of Drawings and Documents 12.9.2 Limitation of Liability 12.10 AIbitration. Litigation. Mediation 12.11 Payment to Consultants 12.12 Reimbursable Expenses 12.13 Architect as Independent Contractor 12.14 Hold Harmless 12.15 Insurance 12.16 Consultants Services Included or Not Included in Basic Services Fixed Limit of Cost Preliminary Design Phase Hourly Rates Not Used Site Master Planning in Basic Services Not Used Revise Design to Town's Approval Payment Cenification by Town's Project Manager or Agent Lab Tests Requirements Basic Fee 12.1 12.2 12.3 12.4 12.17 12.18 12.19 12.20 12.21 12.22 12,23 12.24 12.25 12.26 Exhibits Exhibit I Exhibit 2 Exhibit 3 Contents Program Areas Hourly Rates of Key Staff Charges for Architeclural and Engineering Services STC-TOC2 ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECrS SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consu~ants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12 ., 1.1.2 The ArcMect's services shall be performed as expedniously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Archnect shall submn for the Owner's approval a . schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limns established by this schedule approved by the Owner shall not, except for reasonable cause. be exceeded by the Architect or Owner. . 1.1.3 The services covered by this Agreement are subject to the time limnations contained in Subparagraph 11,5.1, ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2,1,1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2,6 and any other services identrtied in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. . 2.1.2 PREUMINARY DESIGN PHASE ,.. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Archnect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2,2.2 The ArcMect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. subject to the limitations set forth in Subparagraph 5.2 1, 2.2.3 The Architect shall ,. review with the Owner alternative approaches to design and construction of the Project.>,. wS\lib'blfl-1Ih0822952t12 -2- . See Paragraph 12,16, . Add Paragraph 12,1. .< Add Paragraph 12,16, ,. Add Paragraph 12.18. . prepare and .<. Also add Paragraph 12.21. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approvai by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components, 2,2,5 The Architect shall submij to the Owner a preliminary estimate of Construction Cost based on current area. volume or other unij costs. '" 2.3 DESIGN DEVELOPMENT PHASE 2.3,1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Developmen1 Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to archijectural, structural, mechanical and , electrical systems, materials and such other elemen1s as may be appropriate "', 2.3,2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. '" 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documen1s and any further adjustments in the scope or quality. of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4,2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4,3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. '" 2.4.4 The ArcMect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorijies having jurisdiction over the Project. '" 2.5 BIDDING OR NEGOTIATION PHASE 2.5,1 The Architect. following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost. shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction, '" 2.6 CONSTRUCTION PHASE. ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2,6.1 The Architect's responSibility to prOVide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at tRe earlier 81 tRe issuaRee Ie tRe C :,'Rer ef IRS w5'lal'bI41-lIt1082295 3112 -3- .... '" See Paragraph 12,2 '" and are part of the Basic Services .. See Paragraph 12.2 '" See Paragraph 12.2, '" Add Paragraph 12.3, , Add Paragraph 12.4. liAel CMi/iaate fer PaymeAt ar 60 days after the date 01 Substantial Completion of the Work. 2,6,2 The Architect shall provide administration of the Contract lor Construction as set forth below and in the edition of A1A Document A201, General Condttions of the Contract lor Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2,6.3 Duties, responsibiltties and Iimttations of authority of the Archttect shall not be restricted, modified or extended without written agreement of the Owner and Architect witJ::1 S8RSSAt af t~e CSRtraeter, 'NAiaR seRseRt GRail Rst Be l::lRreaSsAaely \\'it~~eI8. 2.6,4 The Archttect shall be a representative 01 and shall advise and consu~ with the Owner (1) during construction until final payment to the Contractor is due, . and (2) as an Addttional Service at the Owne(s direction from time to time during the correction period described in the Contract for Construction, The Archttect shall have authority to act on behall 01 the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6,5 The Archttect shall vistt the stte at intervals appropriate to the stage 01 construction (*) or as otherwise agreed by the Owner and Architect in wrtting to become generally familiar with the progress and quality 01 the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Archttect shall not be required to make exhaustive or continuous on-stte inspections to check the quality or quanttty of the Work. On the basis 01 on-site observations as an architect, the Archttect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3,1.) 2.6,6 The Architect shall not have control over or charge of and shall not be responsible lor construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection wtth the Work, since these are solely the Contractor's responsibiltty under the Contract lor Construction. The Archttect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents, The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors. or their agents or employees, or of any other persons performing portions of the Work. 2.6,7 The Architect shall at all times have access to the Work wherever rt is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been speCially authOrized, the Owner and Contractor shall communicate through the Architect. Communications by and With the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment. the Architect shall review and certlty the amounts due the Contractor. w5lil'b141.1Ih0!l22'95 4<12 -4- .... * Add Paragraph 12,5. 2,6,10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Archrtect's observations at the site as provided in Subparagraph 2.6,5 and on the data comprising the Contractor's Application for Payment, that, to the best of the Archrtect's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance wtth the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance wtth the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entttled to payment in the amount certified. However. the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-stte inspections to check the quality or quantity of the Work, (2) reviewed construction means. methods, . techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum, 2.6.11 The Architect * e~all ~ave a~t~efity te reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents. the Architect * '::ill ~ave a~t~efitj' ts require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated. installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons pertorming portions of the Work, 2.6,12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken" \Vit~ sue~ reassAal3le WSffi~tAess as te 8al:lSe AS elela}' iA tA8 lA'SFlt er iA tAe eSAstrblstieA sf tAB C~'~'Aer er sf sCFlarate eSRtraetsFS, v:14i!e alle'.\'iA~ sl:lffieieAt tiFRS iA tAB ,^.rs14iteet's FlrefessisAal jl::1E1~FReAt ts ~erFAit a6e~~ale re\'ie':/, Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or pertormance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means. methods. techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the Item is a component. When professional certification of pertormance characteristics of materials. systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment Will meet the pertormance criteria required by the Contract Documents, ,"S~'obUHIIlOll2295 5d2 -5- " shall recommend that Owner " within 10 working days from Architect's receipt of the submittal, with an additional 5 working days should sub-consultant review be required, 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, wnh supporting documentation and data n deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, lor the Ownefs approval and execution in accordance wnh the Contract Documents, aR~ !Ray a~tl;erii!e FRinsr ehsnges in the lNeR( Ret in'/sl':ing 8A a9jl:letFilsRt in the CSRtraet EYFR Sf 8R SlE(SRSisR a1 Ute CSRtFsat lime 'l:hi91:1 BFa Rat Insensietsnt 'l.th the iRteRt sl ths CeRtFset !;)eelimenta.. 2.6.14 The Architect shall conduct inspections. to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner lor the Ownefs review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor. aRa shall iSSl:I8 a finsl GeFt~ieate fer Payment l:Ip8R eemplisAse 'l:ill:l the F9Etl:liremsRts al tRe Csntraet assl::tFRente ... 2.6.15 The Archnect shall interpret aR~ aeeiae matters concerning performance 01 the O'::Rer aRa Contractor under the requirements of the Contract Documents on written request of eililef the Owner er CeRtfllelef. The Archnect's response to such requests shall be made wnh reasonable promptness and wnhin . 6lIY time limns agreed upon. 2.6.16 Interpretations aAa EleeisieRe of the Archnect shall be consistent wnh the intent of and reasonably inferable from the Contract Documents and shall be in wrning or in the form of drawings, 'Nl;eA lI1alliRg sue!; iAlefjlfolalioRe aAa iRitia! aeeisisR91 the .~F6R~eet shall eRelew/sr Ie eeel:lre faithhd peFferfFIBR98 by seth C'l'-Ref aReI CeRtraeter, shall Ret sRe'.v psFtiality Ie eRAef, aRa shall Ret 139 liaele fer resl:llte al inteFpretatisns Sf EleeiaieR9 S9 rsnsef6a in gees faith. 2.€.17 "R=Ie .A.rshKeet's s9sisiaR9 aR matters felatiRg ta 8esthetia effeet 8A811 Be fiRal if eeRsisteRt ':fitA tAe iNteRt eMpresses iR tAe CeRtraet QeeymsRte. 2.6.18 The Architect shall render written. aeeieieR9 wnhin a reasonable time on all claims. disputes or other matters In question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents ... 2.6.1 9 TAe AF8R~eet's seeisisRs eR elaims, sispl;ltes er etlier mattera, iRelt;JsiRg tRese iN q~sstieR eet.'::eSR tRe C'NRer BRS CeRtFaster, eusept fer tAese relatiRg te eesthetis etteet 89 ~F8vjseef iN ~l;lB~aragrapR 2.6. 1:', sRall B9 sysjeet t9 BFsitratisR as I3fe'/jseet iR tRis AgF99meRt aRB iR the C9Atraet SaeHfAeRta. Rw.10i1Ml5 w9Jlllbl.l.lft0822{l5 6d2 .... -6- . including a final punch list inspection wnh the Contractor and the Owner's representative. .. and shall issue. or if Owner requires issuance of a linal certificate by ns designated representative, shall recommend issuance of, a final Certificate for Payment upon compliance wnh the requirements of the Contract Documents. . seven calendar days or any other . opinions .. when requested by the Owner ARTICLE 3 Additional Services 3,1 GENERAL 3.1.1 The services described in this Article 3 are not included In Basic Services unless so Identilied in Article 12, and they shall be paid lor by the Owner as provided in this Agreement, In addttion to the compensation lor Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided il authorized or conlirmed in wrtting by the Owner. II services described under Contingent Addttional Services In Paragraph 3.3 are required due to circumstances beyond the ArcMect's control, the ArcMect shall not~y the Owner prior to commencing such services, lithe Owner deems that such services described under Paragraph 3.3 are not required, the pwner shall give prompt written notice to the ArcMect. lithe Owner indicates in wrtting that all or part 01 such Contingent Addttional Services are not required, the ArcMect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the slle than is described in Subparagraph 2.6.5 is required, the Architect * shall provide one or more Project Representatives to assist in carrying out such addllional on-slle responsibilities, 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the ArcMect shall be, compensated therelor as agreed by the Owner and ArcMect. The duties, responsibilities and Iimttations 01 authority 01 Project Representatives shall be as described in the edllion 01 AJA Document 8352 current as 01 the date 01 this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide lurther protection lor the Owner against delects and deliciencies in the Work, but the lumishing 01 such project representation shall not modify the rights, responsibilities or obligations 01 the Architect as described elsewhere in this Agreement 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent wllh approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation 01 such documents *; or .3 due to changes required as a resull of the Owner's failure to render decisions in a timely manner. Rw.10t1M15 .9JI:I'b141....Q822g67112 -7- * wtth the mutual consent and approval of the Owner * Add Paragraph 12.7. 3,3.2 Providing services required because of significant changes in the Project including, but not Iim~ed to, size, quality, complex~y, the Owne~s schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3,3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposais, and providing other services in connection w~h Change Orders and Construction Change Directives *. 3.3.4 Providing services in connection with evaluating subst~utions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consuftation concerning replacement of Work damaged by fire or , other cause during construction, and furnishing services required in connection w~h the replacement of such Work 3,3,6 Providing services made necessary by the defauft of the Contractor, by major defects or deficiencies in the Work of the Contractor. or by failure of periormance of either the Owner or Contractor under the Contract for Construction. . 3.3.7 Providing services in evaluating an extensive number of claims subm~ted by the Contractor or others in connection with the Work. 3.3,8 Providing services in connection with a public hearing, arb~ration proceeding or legal proceeding except where the Archrtect is party thereto. * 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase '", 3.4 OPTIONAL ADDITIONAL SERVICES 3.4,1 Providing analyses of the Owner's needs and programming the requirements of the Project '", 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.4 Providing special surveys. environmental studies and submissions reqUired for approvals of governmental authorities or others having jurisdiction over the Project. '" ....S'~tlUHltloeZ2'95 &12 -s- * other than for changes due to errors or omissions of Arch~ect including his consultants '" See Paragraph 12,8. '" except where extensive additionai work is not required, or it alternate, separate, or sequential bids are required by this Agreement. " except refining existing program IS part of Basic Services, , Add Paragraph 12,3, 3.4.5 Providing services relative to future facilnies, systems and equipment. * 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, 3.4,7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4,8 Providing coordination of construction periormed by separate contractors or by the Owne(s own forces and coordination of services required in connection wfth construction periormed and equipment supplied by the Owner 3.4,9 Providing services in connection wfth the work of a construction manager or . separate consuijants retained by the Owner *. 2.1.1 Q Pre':iaiA~ eletailea estimates at CSAstfl:JetisA Cast. '* 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing iAterier aesi~A ana etAer siR'lilar services required for or in connection with the selection, procurement or installation of furnfture, furnishings and related equipment *. 3.4.14 Providing services for planning tenant or rental spaces, 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked.up prints, drawings and other data furnished by the Contractor to the Archrtect, 3.4,17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation, 3.4,18 Providing services affer issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days affer the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services ". wS\Ji:ft!141.llt10l'lZl95 9d2 -9- .... * except that providing for future expansion is part of Basic Services, * except those listed in Paragraph 12.16. * See Paragraphs 12,2, 12.16. * See Paragraph 12.16, . unless otherwise specified in this Agreement, Add Paragraph 12.16. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in a=rdance wnh generally accepted arcMectural practice, ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, inciuding space requirements and relationships, flexibility, expandabilny, special equipment, systems and site requirements. , 4,2 The Owner shall establish and update an overall budget for the Project. including the Construction Cost, the Owner's other ccsts and reasonable contingencies related to all of these costs, 4.3 If requested by the ArcMect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limnations and utility locations for the site of the Project, and a written legal description of the sne The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements. encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buiidings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark, 4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested by the ArcMect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percclation tests, evaluations of hazardous materials, ground corrosion and reSistivity tests, including necessary operations for anticipating subsoil conditions, With reports and appropriate professional recommendations, 4.6,1 The Owner shall furnish the services of other consullants when such services are reasonabiy required by the scope of the Project and are requested by the Architect. wS,lil'b141-1III062295 10<12 -10- .... 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents >1<. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including audijing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4,8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. , 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4,11 The proposed language of certificates or certifications requested of the Architect or ArcMect's consullants shall be submitted to the ArcMect for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1,1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Archiject. 5.1,2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profij. In addition. a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction, 5,1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants. the costs of the land, rights-of,way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5,2,1 Evaluations of the Owner's Project budget. preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar With the construction industry, ~ is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over w5'Itl'b141-lIhoa2'295 l1ct2 -11- >I< unless otherwise specified in the Contract Documents, See Paragraph 12.25. competitive bidding, market or negotiating conditions, Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices wiil not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condITion of this Agreement by the furnishing, proposal or estabiishment of a Project budget, unless such fixed limit has been agreed upon in wrning and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents anernate bids to adjust the Construction Cost to the fixed limn, Fixed limns, if any, shall be increased in the amount of an increase in the Contract Sum occurring after , execution of the Contract for Construction. 5.2.3 ff the Bidding or Negotiation Phase has not commenced within 90 days after the ArchITect submns the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5 2,3) is exceeded by the lowest" BeAa fiele Biel er Ae~Btiateel ~fe~esal, the Owner shall: ,1 give wrnten approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; 8,3; or .3 if the Project is abandoned. terminate in accordance with Paragraph .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2,5 " If the Owner chooses to proceed under Clause 5,2.4.4, the Architect, without addnional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limn, The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. wS\ltlb141-lIhOO229S 12d2 -12- * responsible bid " Add Paragraph 12.17, ARTICLE 6 USE OF ARCHITECTS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 TAB DravJiR!jS, S~eeifieatieAS aRa et~er a8St::lFRSAts J3rsJ3area BY t~e AreRiteet fer tRis Prejeet are iRstfl::JmeAts at tA8 Ars14itest's ssP,,'iea fer I:lse salel', ',\'itR (8513ee! fa iRis rrejeet BRS, l:lRless etFi8PMise f.lre';ie1eel, tRB ArsFitteet sAsH 88 aeem8a tRB 8l:itAsr sf tl=lese eleSl:lmsRts aAB BRall (staiR all 8emmSA law, stat!:/tery BRei etRsr (seSAles ri~Rts, iReh:laiR~ iRS 88f.lyri!3At. TAB O\>\'Aer BRelles Flermittoa te (staiR eSJ3ies, iAsh:/aiAg reI3FSBysi13!e 68l3ies, sf t!:le P.F8Fiiteet's QrawiA~s, 8J3eeifieatisRS BAa etl=ler aesl:Hf18Ats fer iRferFFlstiSA eRa refereRse iF! 88RRsetisR witA tAB D'/mer's t::lse aRB eSSl:Il3aAS:; af tAB Prejeet. 'RIa P.fsFiiteet's Qra'NiA~3, Sl3seifieatieAS Sf etFier eleS1:.lmeFlts sl;all Rst 138 l:lSSS l3y tl1e a'NASr ar atl1ers SA atl1er I3rajeets, fer assifiaRs ta tAis Prejeet ar far eSrTll3letisA af t!:lis Prejset BY # at!:leFs, I:1Aless t!:le .",fsl1iteet is aeijl:l8~ea fe l3e iA 8afal:llt !:lASer tAis A~reemeRt, exssl3t e:; a~reefReAt iA VJFftiAg aReI witl1 al3l3FsJ3riate sefRl3eAsatieA ts tAe ,'\rsRiteet. 6.2 Sl:l8missisR sr aistriI31::JtieR af a8al:lFAeAts te FReet effieial ~e~l:llat8ry reEl1::JirerTleFlts Sf ter similar J3l:lFJ38Ses iA eSAAeetiaA witA tAB r..sjeat is Ret ta 8e eSAstr1::Jea as J3l:1l3lieatisR iA sers~atjeA sf tAs AraAiteet's reSeF/8S rj~Ats. .. ARTICLE 7 ARBITRATION 7.1 Claims, aisJ3t:ltes ar etRer maMefS iR ElblestisA bet'l:eeA tAe J3aFtias ts tRis A@reemeAt ari5iA~ Sl::Jt at sr reJatiFl~ 18 tRis :''.@feefR8Rt sr Bresal=! tRarest sAalll3e Ell::lsjeet ta aRS efeeia8s13y af131tratisA iR aeeersaAse VJitR tAe CeAstrl:lstiSA IA8blStry A~l3itratieA nl:lles at t!;:te :\meriaaA ArsitratiaA AsseaiatisA Sl:IrreFltJy iA ef:fsst I:lR!ess tAe j3aFties ml::ltl:laJly agree stl1eF::ise. 7.2 DSrfl8R8 ter ar13itratisR sAal1 se tiles iR '::,.;tiA@ 'i:i~A tAe et~er J33RY te tRis ,".@reemsRt aRs 'A'itA tRe AfflerieaA /'.rl3itratieA ,~,5seeia~jeR. ,~, SSTfl:A8 fer aFbitratieA sRall 138 m388 ':.itAiA a feaSSRael8 tiFAS after tAe el:1im, Ei:SFl~te ar etRer FRaHer iF! ~l:lesti8A R:1S ariseA. IF! AS 8':eAt 511all tAB ElcmElf18 fer J~'sitr::t:OR l3e rAses after !!4e BJte \\A8R iRstitlj!isA at Is@al Elr e~t:litaBle f3reeeee'iR@s easea SA SI:l6A elaiffl, SiSf3tlt8 sr atRsr TflaMer iA ~t1estieA ':,sl:lla 138 13am:8 BY tRB appJiea13le statl:ltes 8f limitatisAs. 7.2 ~JEl a.,''sitGltisA J;isiFl@ Sl:Jt sf Elf FelJtiA@ te tRis .~,@reeFAeRt 514:111 iR6:I:JSO, 81 e0AssliElJt:sR, jeiREler ar iA 3Rj' s!Asr ffl8RAsr, SA aElditisAal J30n~aA sr CAt it:,' Aet G J33r:ty fa H:jis A~reeFRSRt, s)(sej3t Bj: 'I. riMeR SeAGeRt eSAt3:AiA~ a sl3seifis referORee te tRis AgreSFAElAt s:@Aed Si' the O'sAer, ,~,fSRife8t. aAEl dAY etAsr .setSeR sr eAtity SOl:lgl1t 10 sa jeiRCr3. ConGe At te JrbitratisA iAyslviA@ aA aeE1itisAall3erS8R sr eAtity S~JII Ae! GeF!stiluto eeAseF!f t6 Jr13itratisA sf 3AY claim, sisl3l:Jte ef ether rflJt:tsr iF! Ell:lsstisR Rst Elcse,'i13ed iR IAe writteA 8SAS8Af Elr '.vilR a j3CrsSA sr 8Rtity Ast A3rflCa er dcseriseEl tAcrciA. The feregQin~ ag,'DDfficRt to Jrb:trJte ans' etAer agrC8fflCFlts .9ttio141-1II1082296 13~ -13- .... " Add Paragraphs 12,9.1 and 12.9.2. t9 aFl3Krate \":it!:l 8A aefefitisRal perseR sr sRlfty efYly eSRssRtsef ts ~. t~s paRies \9 tRia .~~raeRlaAte!:lall Be 8f38eifieally eAfareeaele in asserasRea \':KR Elf3pliaSBIB lev: iR any Bel:lR !:laving jl:lFisEUetieR tRaFeef. 7.1 lAa s'.\'aFt:l renearee BY tAe aFI:Jitrat8r 8r aFI:JilrateFS 6Rall Be final, ane jl:l8gFR8nt FRay Be sRteree l:lf3sn it in aeeerEfanse \":ith sf3f3liesBls law in any 89l:lR ha'/iAB jyrisefietian tRaresf. . ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may b~ terminated by either party ~pon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement t~re~g~ Re fauk ef t~e ~aRY initiating tRB terminatisn. 8.2 H the Project is suspended by the Owner for more than 30 consecutive days, the Archilect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Archilect's compensation shall be equilably adjusted to provide for expenses incurred in the interruption and resumption of the Archilect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Archilect in the event that the Project is permanently abandoned. H the Project is abandoned by the Owner for more than 90 consecutive days, the Archilect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Archilect in accordance with this Agreement eIleH . be considered .substantial nonperformance and cause for termination. .. 8.5 H the Owner fails to make payment when due the Archilecl for services and expenses, the Architect may, upon _ . days' written notice to the Owner, suspend performance of services under this Agreement.'Unless payment in full is received by the Archilect wilhin seven days of the dale of the notice, the suspension shall take effect wilhout further notice. in the event of a suspension of services, the Archilect shall have no Iiabilily to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fauk of the Archilect, the Archilect shall be compensated for services performed prior to termination, together wilh Reimbursable Expenses then due BREI all TormiRalieR [)I~eAees ae ElefiReEf iR Paragrap~ 8.7. 8.7 1=e(f~inatien [)(f38RSeS are in seelitien t8 eSFRf3SnsatieA fer Basis aRe AefeHtieAal Ssp/isss, aRe iASIl:lse 9)(f3sAseS '::Aiel; are air-eetly attriButaBle t9 terFRinatieR. TSfmiAatiaA E)(f3eASeS SA~II Be eeFRf3l:ltsEI as a f38fssRtags af tAe RIII.101'lHS wS\/ll'tl141-1Ih~14d2 .... -14- .Substitute 12.10. . may .. Add Paragraph 12.11. . fourteen calendar I, tatal eer;:AJ38AsatieA fer Basis Serviees BAS AeJelitisAal Ssp.:iees sarRes te tJ::le tiFAS ef termiAatieR, as fel/e'.vs: .1 T'.veAty j3eresRt af tJ::ls tetal 8SfftfjeAsatiaR fer Basis aRe AasitisRal Sep,;iees earRes t8 sate if termiRatieA eeeblFS asters er eh:HiAg tAe J3FeeJesi~R, site eRa1rsis, er SaRematie Desi@R PAases; er ,2 TeR j3SreeRt af tAS tetal eemj38AsatieR fer Basis aRB AefefitieRal SSPlises saFAeef te sats if tsrmiRatisA e8eI::JFS eh:IFiRg tAS gesigR [)syslel3msRt PRase; e ,3 riva j3SraeRt at tAS tatal eaml3sFlsatiaA fer Basis aRa AelelitieAal Sep..iess sarRes t8 sate if tSfmiRatieR 888l::1rs SyriFlg aAY SYBSe~YeRt f3A8Se, ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be governed by the law of the J3riFlSij3al f3!aes at BysiR8SS af tAS P.f814iteet * . 9.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement *, 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than e~her the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion, 9.4 The Owner and ArcMect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A201, General Conditions of the Contract tor Construction, current as of the date of this Agreement *. The Owner and Architect each shall require similar waivers from their ccntractors. consultants and agents. 9,5 The Owner and Architect. respectively, bind themselves. their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors. assigns and legal representatives of such other party with respect to all ccvenants of this Agreement. Neither Owner nor ArcMect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or .S\rl,.tl14!-1:lh062295 15d2 -15- >< State of California, County of Marin. and the Town of Tiburon >< unless otherwise set forth in this Agreement. " unless otherwise set forth in this Agreement or the Contract Documents agreements, eijher wrijten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9,7 Nothing contained in this Agreement shall create a contractual relationship wijh or a cause of action in favor of a third party against either the Owner or Architect 9,8 Unless otherwise provided in this Agreement, the Archiject and ArcMect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project sije, including but not limijed to asbestos, asbestos products. polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Archiject shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the . Architect's professional materials. The ArcMect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credij for the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benems, insurance, sick leave, holidays. vacations, pensions and similar contributions and benefits, >if 10.2 REIMBURSABLE EXPENSES 10,2,1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following Clauses, 10.2,1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out,of-town travel; long,distance communications; and fees paid tor securing approval of authorities having jurisdiction over the Project >if. 10.2.1.2 Expense of reproductions. postage and handling cf Drawings, Specifications and other documents '. w9.ltl'bal-lIIl062295 16<12 -16- " Add Paragraph 12,19. . exceot as specitied in Paragrapn 12,12, . Olner t,1an for correspondence. See Paragraph 12.12, 10.2.1.3 II authorized in advance by the Owner, expense 01 overtime work requiring higher than regular rates. 10,2.1.4 Expense 01 renderings, models and mock-ups requested by the Owner .. 10.2.1.5 Expense 01 additional insurance coverage or Iim~s. including professional liability insurance, requested by the Owner in excess of that normally carried by the ArcMect and Architect's consunants, 10.2.1.6 E)()38Ase sf eeFFl~'::Jter sieee elesi~A eRa elraftiAg e~~iJ3fR8At time WA8A ysas iA eeRAeetieA -.-vitA tRs Prejeet .. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 19.2.1 AR iRitisl ~a~'FF1eRt 8S set faRA iA Para~Faf)R 1 1.1 is tRS miAiFFlI::IFFl13aym8At l:iIRSer t~is AgreemsAt. 10.3,2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set lorth in Subparagraph 11,2.2, 10.3.3 If and to the extent that the time in~ially established in Subparagraph 11.5, 1 of this Agreement is exceeded or extended through no laun 01 the ArcMect, compensation.for any services rendered during the additional period 01 time shall be computed in the manner set forth in Subparagraph 11.3.2, 10.3.4 When compensation is based on a percentage 01 Construction Cost and any portions of the Project are deleted or otherwise not constructed. compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11,2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4,1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10,5.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors. or on account at the cost of changes in the Work other than those for which the Architect has been found to be liable. wSl.lt)tl14Hlh06229517d2 -17- .... . except those of a preliminary nature dealing with design concepts, . Special 3D motion graphics if requested by Owner shall be a reimbursable expense, 10.6 ARCHITECTS ACCOUNTING RECORDS 10.6,1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Arch~ect as follows: , 11.1 ,'\N 1~J1TI.!l.L P AYMEtJT af GRail ~e maEle ~J3aA 8lCeSl:JtisA 8f tl=lis A~FeeffleRt aRa erae/ilea fe tAe O'lJRer'S 8e88I:JAt at fiRal j3aymeAt. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2. and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: .. 11.2.2 'N14sre eSFRl3sAsatisR is aases SA a stil31::Jlatea SblFA sr l3ereeAta@8 sf CeAstrijetisA Cest, Progress payments for Basic Services in each phase shall teta! tRs felle'i':iA~ I3ElRisAs sf tRB maHiml:lFA tetal Basie CSiTiJ38AsatisA I3syasle: .,.. 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3,2, compensation shall be computed as follows: As agreed beforehand by Owner and Architect, if such services are requested by Owner. [Continued on next page] R9'i.9r.?7r':l5 ..SJtl'bl.'.1Ih08229518d3 -18- .. See Paragraph 12,26, .. not exceed the amounts per service and per phase shown in Exhibit 3. Should the costs of anyone phase be less than the projected total for that phase, the balance remaining shall shiff forward into the next phase of work, Fixed stipuiated sum or hourly fees not to exceed a maximum as agreed beforehand by Owner and Architect. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT and its Consuttants, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3,2, and (2) services included in Article 12 as part of Basic Services, 8~t el(ei~e!iR~ sswiaes ef eeRs~ltaRts, compensation shall be computed as follows: Fixed stipulated sum(s), or hourly fees not to exceed a maximum, as agreed beforehand by Owner and ArcMect. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including addttional structural. mechanical and electrical engineering services and those provided 'under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and one-tenth (1.1) times the amounts billed to the Architect for such services, subject to the provisions of Paragraph 11,3.2. 11.4 REIMBURSABLE EXPENSES 11,4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursabie Expenses, a multiple of one and one-tenth (I,ll times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5,1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twenty.four (24l months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3,3 and 1 1,3.2. 11,5.2 Payments are due and payable within thirtv (30) days from the dale of the Architect's invoice. .~m8liRts I:JRJ3aia () says atter tRe iA'o'siee sate sRallsser iRtsmst at t~e ~ate sRteFea ~ele'N, Sf iR tAB a~seR8e tt4eFsef at tRe Js@a! rate I3re\'ailjR~ fFElm time Ie time at tRs J3riFlSiJ3al J318ee sf ~l:lsjRess sf tAB AF8l1iteet. 11,5,3 The rates aRe! FA~lti~le5 set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect, as set forth in Paragraph 10.1.1, 11.6 FIXED LIMIT OF CONSTRUCTION COST,. 11.6,1 A fixed limtt of construction cost of $1.4 million, including contingencies as approved by the Owner, shall be a condition of this Agreement, in accordance with Paragraphs 5.2.4 and 5,2.5, RlW.9r24,o)S "",s..ltitlUHIIl0622951~3 .... -19- . Paragraph 11,6 added ARTICLE 12 OTHER CONDmONS OR SERVICES 8M altadled Artic:le 12 adcj!io"~, AGREEMENT Thi$ Agreement ont8R1d into as of the day and yeaT first Wfitten al>>te. OWNER (S;'''''''.) Mayor, Town oIliburcit (""",,,,,*,,,,,_,,,,.) ; ARCHITECT ~~_~~.m f,,.il4leJMUfUdWI4.Ik) dMl.....~.ll* .20- .... 12,1 Par, Amendinl! (1.1.2) 12,2 12.3 12.4 12.5 12.6 12.7 12.8 (2,2.5.2.3.2. 2.4.3) (2.4.4,3.4.4) (2.5.1) (2.6.5) (2,6.8) (3,3,1.2) (3.3,8) RlN.9r24.9S w5',lb'tlUl'ahldSOlIl89S Article 12 Additions Schedule: The schedule for the performance of the Architect's Services shall conform to the approved overall project schedule, including the periods for Owner's review and approvals. Cost Estimates: As part of the Basic Services. the Architect shall provide the services of a cost consultant who shall prepare cost estimates to identify the cost of the Project. including for architectural. mechanical. electrical and other systems, materials and elements. so that alternative choices may be evaluated where appropriate in order to meet budget constraints. The Architect shall provide information to the cost consultant as necessary for the preparation of the estimates. Environmental Review Information: As part of Basic Services, Architect shall provide Owner's environmental review consultant. Planning Department and/or other agency with copies of any documents or information required under this Agreement to be prepared by Architect for the Project. Contract Forms; General and Supplementary Conditions: To the extent possible, Owner shall provide Architcct with Owncr required materials for Architect's project manual, These shall include. but not bc limited to, agreemcnt forms. bond and insurance requiremcnts and gencral or supplcmentary conditions requircd by Owner in addition to any other appropriate general and/or supplementary conditions recommended by the Architect. Construction Meetings and On-site Visits: The Basic Scrvices shall include the Architect's attcndance at a site mceting every two weeks during construction, with additional intermediate mcctings and site visits as necessary during the course of construction. Thc Architect's consultants shall also attend such meetings and provide sitc visits as nccessary for the work for which the consultants have provided scrvices. The precise schedule of visits shall be arranged with the Owncr and Contractor, . Communications: Architect shall promptly providc Owncr with copies of all writtcn communications betwecn the Architcct and thc Contractor, and betwcen the Architect and its consult;mts. Codes: Drawings, spccifications or othcr documents prcpared by Architect shall conform to all published codes, laws and regulations which are adopted or havc hecn published and arc pcnding adoption. Town Mcclings: Basic services shall includc appearances at Town Council, board or commission hearings at which Architect's attcndance is required to prescnt thc Project design or discuss othcr projecl matters. Article 12 - Pagc I 12.9.1 (6,2) 12.9.2 (6.2) 12.10 (Art,7) 12.11 (8.4) 12.12 (10.2.1.1.) 12.13 .5'Dbtl141-ll!l2l!JOBI!l9S Owncrship of Drawings and Documents: Subject to thc provisions of Paragraph 12.9.2 below, the original drawings, specifications and other documents, computer tapes or disks or reproducibles thereof, prepared by Architect for this Project are and shall be the property of Owner whether or not the work for which they are made is perfonned, Limitation of Liability: Upon tennination under Article 8 of this Agreement and upon Owners payment of the amount required to be paid under that Article, the original drawings, specifications and other documents, computer tapes or disks or reproducibles thereof prepared for the Project shall be transferred to Owner upon request without additional compensation. Owner shall have the right to utilize any completed or uncompleted drawings, specifications or other documents prepared by Architect for this Project. In the event such drawings are utilized by the Owner after tennination of the Agreement, owner agrees to hold hannless. indemnify and defend Architect against all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses. including but not limited to reasonable anomey's fees or obligations which arise out of the use of those drawings except for work which was not revised or which was done under the Architect's services including construction observation services. Arbitration, Litigation: No claim, dispute or other matter in question between the panies to this Agreement shall be submitted to arbitration unless agreed upon by both panics. Any lawsuits between the parties shall be filed in Marin County Superior Court. Mediation: Should both parties so agree, claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to mediation under the auspices of a recognized, neutral third-party professional mediation service, or other mediation method acceptable to the parties, prior to undertaking any legal action, The cost of the mediation service shall be borne equally by the parties. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, Payment to Consultants: Failure of the architect to make prompt payment to any of its consultant.,. employees or creditors who may have stop notice rights against the Project may be treated by the owner as substantial nonperfonnance and cause for tennination. Reimbursable Expenses: Expenses for telephone. fax and other communications between Architect's office. San Francisco and Tiburon in connection with Basic Serviccs shall not he reimbursable, Automobile travel in connection with the Project shall be reimbursable at the rate of 28 cents per mile. Express uelivery charges in excess of regular postal charges, if requesteu by Owner. shall be a rcunbursahlc expense, Architect as Inuepenuent Contractor: Architect is an inuepenuent contractor anu shall not be ueemeu LO he 'Ill a~ellL. scrvant or cmployee of Owner for any purpose, Article 12 - Page 2 12.14 12.15 Hold Hannlcss: Architect shall hold hannless, indcmnify and dcfcnd Owncr, its officcrs, employees, agents, boards and commissions, whether elected or appointcd, from and against all claims, demands, actions, causes of action, losscs, damages, liabilities, costs and expenses, including but not limited to reasonable attorney's fees or obligations, for or in connection with personal or bodily injury or damage to property, (both real and personal) which arises out of or is in any way connected with the willful misconduct, negligent act, error or omission of Architect, or its agents. contractors, subcontractors or employees in connection with the perfonnance of this Agreement Insurance: Architect shall not commence work under this Agreement until obtaining all insurance required under this paragraph and having that insurancc approved by the Town Attorney as to fonn and amount, nor shall Architect allow any contractor or subcontractor to commence work until all similar insurance required of the contractor or subcontractor has becn obtained and approved, All requirements shall appear either in the body of the insurancc policy or in endorsements and shall specifically bind the insurance carrier, Architect shall take out and maintain during the life of this Agrecmcnt the following policies of insurance: (A) Worker's Compensation and Employers' Liability Insurance in the statutory covcrage, In signing this Agreement, Architcct makcs thc following cenification: "I am aware of the provisions of Section 3700 of thc California Labor Code which require every employcr to be insurcd against liability for Workers' Compensation or to undcrtakc sclf- insurance in accordance with the provisions of the Codc, and I will comply with such provisions beforc commencing the perfonnance of the work of this Agreement," (B) Commercial General Liabilitv Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500.000.00) for injuries including, but not limitcd to, death to anyone person and subject to the same limit for each person in an amount not less than ONE MILLION DOLLARS ($1,000,000,00) combincd single limit per occurrence for bodily injury, personal injury and property damage, (C) Automobile Liabilitv (Codc 1) Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500.000.00) combined single limit per accident for bodily injury and property damage. (D) Errors and Omissions [nsur:mcc. Thoughout the tenn of this Agrccmcnt, Architect shall maintain in lull forcc and effcct. proli:ssional liabilitv insurancc with a minimum limit of three hundred thousand dollar:. $1,000,000.00 (Wt>tt;OOO) combincd singlc limit to covcr damagcs that may I'C Ihe result of errors, omissions, or ncgligent acts of the architect. 111is insurancc shall be kcpt in forcc for not Icss than onc (I) year after complction of the services dcscribed in this Agrecmcnt .5'!m'bI41-lItIJd3~tIl9S Article 12 - Page 3 12,16 (2.1.1) wSttrb141.lIt14d306T89S .... (E) The Town of Tiburon, its officers, employees, agents, boards or commissions, whether elected or appointed. shall be added as additional insureds on the insurance coverages required by subsections (b), (c), and (d) above with regard to wolk performed on the Project. These policies of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thiny (30) days wrinen notice to Owner, In addition, the following endorsement shall be made on the policy of insurance: "Notwithstanding any other proVISIOn in this policy, the insurance afforded hereunder to the Town of Tiburon shall be primary as to any other insurance or reinsurance covering or available to the Town of Tiburon, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted," (F) Architcct shall submit evidence of the insurance coverages required by this section to the Town Anorney for approval as to form and amount These policies of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thiny (30) days wrinen notice to Owner. Consultants Services Included or Not Included in Basic Services: The following services, in addition to the normal structural, mechanical and electrical services listed in Paragraph 2.1.1, are included in Basic Services: (A) Civil Engineer, for on-site work and work on adjacent areas, including driveway entrances, sidewalks and curbs, and wolk on Town propeny immediately adjacent on the NOM which is to be improved as pan of this Project, up to and including the path; (B) Landscape architect, for on-site work and work on adjacem areas, including driveway entrances. sidewalks and curbs, and work on and Town propeny immediately adjacent on the NOM which is to be improved as pan of this Project, up to and including the path: (C) Selection of materials and color schemes for imcrior floor, wall. ceiling, built-in cabinetwork and equipment surfaces; furniture layouts. (Sce 12.16(K) below for services in connection with selection, procurement and installation of furnishings.) (0) Acoustic consultant for acoustic treatment; (E) Documcnting conduit as directed by Owner's communications, sound and special security consultant,; (F) Cost cstimating; (G) Graphics dcsign (signs) The following are not pan of Basic Serviccs. Thc Owncr at its option directly may cmploy consultants for such: (H) Communications; (I) Sound systcms; (1) Special sccurity (camcra. card access, etc,): (K) Intcrior design consultant SCrvlCCS in connection WillI sekclilln, procurcmcnt and installation of furnishings, or the Owncr may rctalfi the Architcct for such scrviccs at the sum sct fOM in paragraph 12.26 (1l.2.1 ); Aniclc 12 - Pagc 4 12.17 (5.2,5) 12.18 (2.1.2) 12.19 (10,1.1) 12,21 (2.2,3) (L) Off-site civil engineering for work in the marsh area north of the pathway; paving and curbs on Mar West and Tiburon Boulevard. Fixed Limit of Cost: At the beginning of Paragraph 5,2,5 insert: "A fixed limit including allowance(s) and contingencies as approved by the Owner, as specified under Paragraph 11.6 of this Agreement, shall be a condition of this Agreement. The modifications required by Paragraph 5.2.4.4 shall be done at no charge to the Owner if the lowest responsible bid submitted exceeds the fixed limit, including approved allowances and contingencies." Preliminary Design Phase: The Basic Services and Fees shall incorporate into the Preliminary Design Phase the following services and fees described in the Agreement for the Initial Master Planning Phase, dated August 8-9, 1985. (A) Refine the building and site program, (8) Develop a series of altcmative approaches to building siting, parking, access and massing, (e) Refine the preferred approach to the lcvel required for environmental review and prepare those documents necessary for environmental review, Hourly Rates: Fees which are to be compensated on an hourly basis shall be computed on the basis of fiat hourly rates, which shall include all Direct Personnel Expenses, whether or not specified in paragraph 10.1.1, as shown in the Hourly Rate Schedule in the Exhibit attached to this Agreement. This Schedule shall cover specific key personnel of the Architect and its Consultants who will be working on the Project, as well as the range of flat rates for categories of othcr personnel who cannot be identified at the time of execution of the Agreement. The rates in the Hourly Rate Schedule shall not be adjusted more frequently than annually; with the Architect's ratcs subject to adjusnnent each October, Time spent during travel within the Bay area shall not be chargeable, Hourly charges of principals attcnding Town meetings may be reduced as agreed by Owner and Architect. Site Master Planning in Basic Services: The Basic Services and Basic Fees shall also include the circulation, site and master plan studies which have been authorized and provided prior to the execution of this Agreement. 12.23 (2,3.1) 12.22 Paragraph 12,22 is not used, 12.24 (2.6,10) RtIY.S02.(.9S w5\llb'b141.ltIl5d7081895 Revise Design to Town's Approval: The Basic Services shall include design reVISIOns as necessary to obtain the Town's approval, except that revisions resulting from changes to the previously approved Program or instruclions shall be compensated as Additional Services as provided under paragraph 3,3.1.1. Payment CeniJication by Town's Project Manager or Agcnt: The Owner's Project Manager or agent will also have the authority to recommend approval, disapproval, or amendment of cenilicates for payment. Article 12 - Page 5 12,25 (4.7) Lab Tests Requirements: The requirements for laboratory tests and inspections, as agreed upon by Owner and Architect, shall be included in the construction specifications. 12.26 (11.2.1) Basic Fee: a. For the total Project, the Compensation (Basic Fee) for the Basic Services and scope described in this Agreement shall be on an hourly basis, not to exceed the amounts per Service and per Phase shown in Exhibit 3, and a maximum total of: $194.950 b. This Basic Fee includes the fees for the initial master planning phase of work, as specified in the Agreement dated August 8 & 9, 1995, on an hourly basis not to exceed a maximum of: $25.000 c, The Basic Fee includes Allowances for Landscape Architecture and Civil Engineering services not to exceed: $17,000 $ 9,500 $~.llOO for LandscaDe Architecture services $ ffl.eee for Civil Enl!ineerinl! services The final amounts for these services shall be as detennined and agreed by Owner and Architect. If the fmal amounts are less than the Allowances, the total Basic Fee shall be reduced by the amount of such difference. d. At the Owner's option, the Owner may request the Architect to provide interior design services in connection with the selection, procurement or installation of furniture, furnishings and related equipment, fees, in addition to the above Basic Fee, on an hourly basis not to exceed a maximum of: $7.500 e. At the Owner's option, the Owner may request the Architect to provide other services in addition to the above Basic Fee, on an hourly basis not to exceed the following maximums: -Graphics and Signage: $3.000 List of Attached Exhibits 1. Program Areas 2, Hourly Rates of Key Staff 3, Charges for Architectural and Engineering Services REW.1014195 w5\lII'bl.'-tIh082R95 6d8 Article 12 - Page 6 Total Enclosed Area Covered Area Gross Area Council Chambers and . Meeting Rooms Chambers Meeting Rooms Recreation Offices Administration Planning & Building Staff Toilet Staff Lounge Small Lobby Public Toilets Total Enclosed Area Covered Area off Chambers Other Covered Areas 1,600 800 EXHIBIT 1 Tiburon Town Hall PROGRAM AREAS 8,650 Sq.Ft. 550 8,925 (8650+550/2) 2,400 Can be used separately or as one large room 1,250 Close to meeting room; limited public traffic 1 ,450 2,300 75 275 450 450 8,650 450 Just enough for rainy weather 100 550 (From "Building Costed by Adamson Prior to Election") RlN.~'24>9S w5\lI:ltl141.1IIl082295 ld9 .... Exhibitl EXHIBIT 2 Tiburon Town Hall HOURLY RATES OF KEY STAFF (See Section 12.19) Hourly Rates of anticipated staff at Bull Stockwell Allen & Ripley, Architects Henrik Bull $120/hr Mark Schatz $95/hr (Architectural Project Manager) 'Will Adams $95/hr Michael Woodcox $66/hr T. C. Moore $56/hr Alden Marsh $62/hr Mark Borchardt $63/hr Staff billing rates will be subject to adjustment each October, except for Mr, Schatz. Hourly Rates of anticipated staff at E.G. Hirsch & Associates, Structural Enqineers Eph Hirsch $135/hr Senior Engineer $76/hr Junior Engineer $66/hr Drafter $60/hr Other consultant charges on request. (From BSAR 8/25/95) Rw.!VX;.o;lS wS\lil'b141-ah082295 ldl0 .... Exhibit 2 _,t_:- '_' ..... ..... <( J: 2 ;:: o I- 2 <t o u =: 0 => OC CO ;) ~ ~ .:1:' U,=,. _'-":;' l;::',Ht, "'~ wu ~~ >- ffi6 ~~ <<> ~w "'~ w.. rr.~i2 2('31/$ v>"z "''''''l "":> OC".. <t <t ~ C;iiIl ~ '" 3: 0::>", ""'u "'~o ~=I;; ~~g ..<to> '" '" .. . V> '" N ~ ~ Zz 09 -.... C"S ::>~o e:-.; v>z- P'" 00 <t h 0"' o . _N lll'" Z OVl -.... t;z:" :>wo e:;:;;q UJl1g zO'" 00 " .... Z z"'o !2~8 VI 0 . wu1~ oa;'" o " liz8 ::!:~r,t) w"'~ ,,'" "0,,, V> > '" ""g ""0 :iU) . :>wo ~o~ .. ~ ~ ;) '" " o " '" u :> oc w V> S o 8 - '" ::I> w", ~~ "", 0.., ...." "'", "" 5;1 .. , ~ <t oc :> .... ~ ('j '" >I. ~UU8 :e:~C:~ti ~....,....,."""..... uu~o . . . . . 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'" M !::: III J: X W - 00 ..0 ,. ~ c;:'" z" w -z.... 8o;i. :;OV,l Zo.:l~ "'" ~ "'-<< :> -" ",:>- ~o Z '" ~ ~ '" '" l'l :> a: '" '" ~ " z o ~ o ~ " > '" . .g " u c; 0. . 0' YJ.( I:::: (.;) ~ ~ "' . g ~ 5 ~V1"7 "'" (/)l.flU ~!.1~ C2~~ "'>1.0 ~"'U z~-< j '" j; D ~' '" N '" " ~ " . ? <3 " ;x TOWN COUNCIL ST AFF REPORT TO: TOWN COUNCIL FROM: SCOTT ANDERSON, ~~ PLANNING DIRECTOR MEETING DATE: 11/1/95 ITEM NO.: Cf SUBJECT: 21 SOUTHRIDGE DRIVE--OFFER OF EASEMENT FOR PUBLIC PEDESTRIAN, DRAINAGE, AND UTILITY PURPOSES BACKGROUND At its meeting of May 17, 1995, the Town Council gave conceptual approval for the acquisition of a pedestrian easement across a vacant private lot which connects two portions of Cayford Drive. The acquisition would legalize a valuable and heavily used pedestrian link between the Reedlands neighborhood and the Bel Aire and Tiburon Highlands neighborhoods. In addition, the easement would resolve the misplacement by the Town of a drainage pipe associated with the Tiburon Highlands Subdivision. The offer of easement has been made by the Weiss company, in exchange for waiver of certain planning & building fees associated with construction of a residence on the lot, and relocation of the improperly-located drainage pipe. The Town has also agreed to improve the easement with landscaping, fencing, and so forth. Subsequent to the May 17th Town Council meeting, the residence has been approved by the Design Review Board and is currently under construction, and the drainage pipe is being relocated. The Design Review Board has also approved the plans for improvements to the pedestrian easement, with much helpful input from the neighborhood. ANALYSIS The final procedural step is for the Town to officially accept the grant of easement from the Weiss Company. The appropriate documents have been prepared and are attached for review by the Town Council. Recordation of the approved documents would occur once the offer of easement has been properly executed. Town Staff would like to thank the weisses for their kind cooperation and public spirit in making this important pedestrian link a reality. TleURON PLANNING COMMISSION STAFF REPORT 11/1/95 1 RECOMMENDATION That the Town Council adopt the resolution accepting the offer of easement. EXHIBITS 1. Draft Resolution with attachments. 2. Town Council minutes of May 17, 1995. \scott\21south.rpt TlBURON PLANNING COMMISSION STAFF REPORT 11111'J5 2 RECORDING REQUESTED, RETURN TO: TOWN CLERK TOWN OF TIBURON 1155 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING AN EASEMENT CONNECTING TWO SEGMENTS OF CA YFORD DRIVE (21 SOUTHRIDGE DRIVE) (PORTION OF ASSESSOR PARCEL NO. 34-311-26) WHEREAS, Hal Weiss and Dan Weiss have offered to the Town of Tiburon an easement for public pedestrian purposes, and drainage and utility purposes, over a portion of their property commonly known as 21 South ridge Drive, as more fully set forth in the form of offer attached hereto as Exhibit" A" and incorporated herein by reference, and the graphic depiction of the easement attached as Exhibit "B" and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED, that said offer of easement is hereby accepted, and the Town Clerk is authorized to record said offer of easement (Exhibit" A") together with this Resolution, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on November 1, 1995, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ANDREW THOMPSON, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK 21southr,res .... EXHIBIT NO, a / 10~27-1985 11:07 415 507 1408 MSB P.03 OFFER OF DEDICATION OF EASEMENT FOR PEDESTRIAN USE, DRA.INAG~ ANn UTILI'l'Y PUllP08ES HAL WEISS and DAN WEISS, the undereiqned, beinq the present title ownere ot record of the property cOllllllonly known .. 21 Southridqe Orive, Tiburon, California, havinq received design review approval to construct a single family residence upon said property and the condltion of sald approval beinq the dedication of a portion ot the property tor pUblio purposes, inclucS1nq pede.trian purposea, and drainage and utility purposes, hereby make an irrevocable offer of dedication to the Town of Tiburon, a political subdivision of the State of California, County of Karin, and it. succe.sor. and/or assigM, the real property Illore particularly described 1n EXhibit A to thie offer of dedication, It ie understood and agreed that the Town of Tiburon and it. succe..ors and/or ...iqn. ehall incur no liability with respect to such offer of dedication, and shall not a.sume responsibility for the offered parcel of land cr any improvements thereon or therein, until .uch offer has been accepted by appropriate aotion of the Town Council, This offer shall be bindinq upon the heirs, suocessore and asslgne of the offerorB, IN WITNESS WHEREOF, the undersigned have executed this offer this day of , lUll, HAL WEISS DAN WEISS Q\wnlOll>>\OlJIOn'BIl.DIID j 0, .. E)(l'\~A- "Pt" .... 1Q-27"1995 11:08 415 507 1408 MSB P,06 DESCRIPTION An easement for the followina purposes, drainase, pedestrian aCcess and utilities over a portion of Awlssor's Par\:el Number 34.311.26 u the same is desc;ribed in Document 2023 OR 154 and recorded in the office of the Recorder in the County of Marin, Calif(lmia on September 30, 1964, and more puticularly described u follows: . Besinning at a point on the southerly line of Lot 42 of "Map of Tiburon Hig!llands" as the urne is filed in Book 20 of Maps at Pase 50 in the olEce of the Recorder of Marin County, said point also being the Point of Beginning of the IIbove mentioned Deed 2023 OR 154; thence from aaid point along the southerly boundary elf Lot 42, South 6S'SI '00" Weat 19.93 feet tel 'the besiMina of a 340,00 foot tangent curve tel the right; thence .outhwesterly along said curve through. central angle of 21"37'S3" a length of 128.36 feet to the northeasterly comer of"nm TlBURON HILL ESTATES" as the .ame is filed in Book 18 of Maps at Pase 9 in the office or the Recorder of Marin County; thence South 04010'00" E.ut lions "TIm TIBURONHILL ESTATES" 46,63 feet; then\:e North 8S'SO'OO" Eut 3,00 feet; thence North 24051'03" East 34.99 feet to I point on I culVe to the left havilll aradiu. of3SS.00 feet, the MUS of said curve bear. North 02'56'36 West; thence :Northeasterly along said curve throuih I control angle of 18012'29" Ind an arc length of 112.81 feet; thence tangent to the list curve North SS'S I '00" Elst 19,93 feet; thence North 21'09'00" West IS.00 feet more elr Ie.. to the TNe Point of Beginning, Said euement contains 2617.2 square reet melre or Ie... Prepared by: Donald Hobbs P .L.S. 4807 10-27-1995 11:08 415 507 MSB 9 ... ~ o tIl ... o A. ~ . N . .. 9 . .00.''"" N c ~ i~ ." 4w. III 0 Z III ~ " a ~ j N .. l! - ~ .. 9 l/I II: w Cl ~ Cl Iii "'" CI' ~ II: - t- O ::l ::I 10. III >- :i: -c III z - (,I i ;;J m ,OO'O~ ~ COUNTY OF' MARIN P.07 I III:PANTMC'T or PIlIU. "0_'" PLAT TO ACCOMPANY DRAINAGE, PEDESTRIAN AND UTILITY EASEMENT OVER 2023 OR 154 "'_D It_ DESiGNCD ..llL OIlA". -~ D.N. !lHCCT 1 or CAI'l"ONOl.owe DU.W.",lNG MO. tHEe<tO . / Mirella Abbo, 90 Raleigh Circle, wanted the Del Mar area pilot program. She said that even though the neighborhood currentl trash to the landfill, she has heard mostly negative feedback about program. Eric Schmidt, Silverado Drive, said that composting was the answer to t waste problem and that he didn't want to pay for a program he wouldn't use. Hearing returned to Council. Councilmember Ginalski asked about printing bags with the word "Green." Councilmember Wolf stated that the Green Can program was premature and should be instituted as a last resort after a) increased recycling, especially in the business district, b) education to discourage residents from taking clean yard waste landfill, c) the bags versus can option was explored, and d) composting was promoted. She thought the program should be voluntary at first and, if necessary, changed to involuntary if the percentages didn't rise. Rick Powell said that he had worked with Town Manager Kleinert to increase commercial recycling in Town with some success in that area, but that the 30% current rate would remain flat unless something like the Green Can program was instituted. Council thanked Mr. Powell and MVRS for the Green Can proposal and their willingness to work with the Town. Town Manager Kleinert proposed returning to Council with specific details and list of neighborhoods for the pilot program. H. UNFINISHED BUSINESS 11. CAYFORD PEDESTRIAN/DRAINAGE EASEMENT. Town Engineer Mohammadi gave the staff report on the history and current status of the proposed project. A culvert had been installed on what turned out to be a legal lot, not a street, as shown on the County Assessor's map. The new owner of the lot, Mr. Weiss, has asked the Town to relocate the pipe in exchange for a waiver of building permit fees and an easement on the property. Mayor Thompson opened the public hearing. Bruce Hall, 8 Southridge West, asked whether a residence could be built on the lot. Ann Ross, 16 Reed Ranch Road, wantcd to know whcther it was two lots or one, and why the purchaser didn't know about the drainage issue. (Town Attorney Ewing said Mr. Weiss had approached the Town about rcmoval of the pipe while the property was in escrow.) Other neighbors cxprcsscd concerns about the Town installing lights on thc proposed pathway, whcther the pathway had to be paved or not, thc currcnt usc of the TOWN COUNCIL MINUTES #1051 5/17/95 4 ."., EXHIBIT NQ,L ,. '''''"U'''-' ---,. .". - " !1p. c:;....... - '" '"' ~G- ~ " lot by dogs and for dumping garbage. Town Engineer Mohammadi said that paving the path made it easier to maintain, and the width was specified to be able to drive trucks on it. Mr. Weiss gave his comments and suggested changing the angle of the path at one end to coincide with an existing sidewalk. Hearing returned to Council. Council concurred that negotiations should continue between the Town and Mr. Weiss, and directed that the matter be turned over to the Legal Subcommittee (consisting of Councilmember Ginalski and Thayer). 12. FERRY DOCK REALIGNMENT. Attorney Ewing gave the staff report, reiterating that $70,000 had been awarded to the Town by CALTRANS in May, 1993 to build a new ferry dock. One of the State's conditions was that the dock be public, not private, and therefore it became subject to ADA (Americans with Disabilities Act) regulations. In order to comply to ADA regulations, a plan for a larger dock was developed. Attorney Ewing addressed the issues of the size of the proposed new dock, and its location closer to the shore (near Point Tiburon Bayside development). He also informed Council that a lease between the Town and Mr. Zelinsk)' was being formalized to ensure that the $1200 monthly fee currently paid by Red & White Fleet to Mr. Zelinsky (for the easement on his property to access the dock) would be transferable to a successor company. He stated that, in his opinion, there was nothing in the Point Tiburon Subdivision Lease Agreement that precluded construction of a new dock. He felt that the language pertaining to other construction and obstruction of view applied to the shoreline park (across from Point Tiburon). Finally, Attorney Ewing said that the entire project would go before the Design Review Board this summer, but asked for Council's direction as to the extent and amount of money that should be spcnt on (further) design and engineering fees. (Council had previously directed to keep fees at a minimum,) He stated the other considerations as: 1) <.'. two-year limit on project implementation tied to the CALTRANS fees; and 2) suggested that Council dccide whether or not it wanted to proceed with the project before any more fees were incurred. Council asked for clarification about ADA regulations and the reason for building a new dock in the first place. Councilmcmber Nygren askcd about what would happen if the ORB rcjected the plan, (Attorncy Ewing said that Town staff would appeal the decision to Council.) Councilmember Ginalski asked whether the two lots owned hy the Town where thc new dock would be built were encumbered by Open Space restrictions. TOWN COUNCIL MINUTES #1051 5/17/95 5 ....