HomeMy WebLinkAboutCC Resolution 10890 (Construction Consulting)RESOLUTION NO. 10890
RESOLUTION ACCEPTING PROPOSAL FOR ARCHITECTURAL
CONSTRUCTION MANAGEMENT CONSULTING SERVICES FROM DANIEL
MACDONALD AIA ARCHITECTS, INC. FOR COURT STREET PLAZA FOR
$42,000, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE THE AGREEMENT.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, the City of San Rafael required additional construction and
architectural services to complete the construction of Court Street Plaza; and
WHEREAS, Daniel Macdonald AIA Architects, Inc. was previously retained for
such services; and
WHEREAS upon review by the City of proposal submitted by Daniel Macdonald
AIA Architects, Inc., it was determined that the proposal was within industry standards
and was acceptable;
NOW, THEREFORE IT IS HEREBY RESOLVED by the Council of the City
of San Rafael that the proposal by Daniel Macdonald AIA Architects, Inc. for $42,000 is
accepted; and
RESOLVED FURTHER that the Council does hereby authorize the Public
Works Director to execute the Professional Service Agreement Daniel Macdonald AIA
Architects, Inc. for construction services for the Court Street Plaza project.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the Council of said City held on the 6th day of August, 2001, by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Cohen
Jeann eoncini, City Clerk
LDH�1�N]AL
,..0— -
AGREEMENT
FOR PROFESSIONAL SERVICES WITH DANIEL MACDONALD AIA ARCHITECTS, INC.
FOR COURT STREET PLAZA
This Agreement is made and entered into this 6th day of August, 2001, by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and DANIEL MACDONALD AIA ARCHITECTS, INC.
(hereinafter "CONTRACTOR).
RECITALS
WHEREAS, the CITY has determined that architectural construction managment
consulting services are required to complete the construction of COURT STREET PLAZA (hereinafter
"PROJECT"); and
WHEREAS, the CONTRACTOR has offered to render certain specialized professional
services in connection with this Project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. DEFINITIONS.
CITY and CONTRACTOR have outlined the scope of services to be provided and the associated costs as
described in Exhibit "A" attached and incorporated herein.
2. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The City Engineer, or his designee, is hereby designated the PROJECT
MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress
and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Daniel Macdonald is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement
require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY
within ten (10) business days of the substitution.
COPY
3. DUTIES OF CONTRACTOR
CONTRACTOR shall provide services described in Exhibit "A" attached hereto
and incorporated herein.
4. DUTIES OF THE CITY
CITY shall perform the duties as described in Exhibit "A" attached hereto and
incorporated herein.
5. COMPENSATION
For the full performance of the services described herein by CONTRACTOR,
CITY shall pay CONTRACTOR as described in Exhibit "A" attached and incorporated herein.
Payment will be made upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
is complete.
6. TERM OF AGREEMENT
The term of this Agreement shall be from the date of execution until the Project
7. TERMINATION
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon ten
(10) days written notice mailed or personally delivered to the other party, and the notified party's failure
to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving
such notice, within thirty (30) days of the receipt of said notice.
C. Effect of Termination. Upon receipt of notice of termination, neither
party shall incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents
or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY
as soon as possible, but not later than thirty (30) days after termination.
Agreement • 2
8. OWNERSHIP OF DOCUMENTS
The written documents and materials prepared by the CONTRACTOR in
connection with the performance of its duties under this Agreement, shall be the sole property of CITY.
9. INSPECTION AND AUDIT
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its
agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in
connection with its performance of its duties under this Agreement. CONTRACTOR shall fully
cooperate with CITY or its agent in any such audit or inspection.
10. ASSIGNABILTY
The parties agree that they shall not assign or transfer any interest in this
Agreement nor the performance of any of their respective obligations hereunder, without the prior written
consent of the other party, and any attempt to so assign this Agreement or any rights, duties or
obligations arising hereunder shall be void and of no effect.
11. INSURANCE
A. During the term of this Agreement, CONTRACTOR, shall maintain, at no
expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount
of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property
damage;
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of one
million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of
services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall
also meet the following requirements:
1. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution;
2. Except for professional liability insurance, the insurance policies shall
be endorsed for contractural liability and personal injury;
Agreement • 3
3. Except for professional liability insurance, the insurance policies shall
be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named
insureds under the policies;
4. CONTRACTOR shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies;
5. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon
thirty (30) days written notice to CITY's PROJECT MANAGER;
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than five
years;
7. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement;
8. The insurance shall be approved as to form and sufficiency by
PROJECT MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws and
regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries
to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance
policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At
CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of
losses and related investigations, claims administration, attorney's fees and defense expenses.
12. INDEMNIFICATION
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its
officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any
kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or
omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and
employees in the performance of their duties and obligations under this Agreement.
Agreement • 4
12. NONDISCRIMINATION
CONTRACTOR shall not discriminate, in any way, against any person on the
basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related
to the performance of its duties and obligations under this Agreement.
14. COMPLIANCE WITH ALL LAWS
CONTRACTOR shall observe and comply with all applicable federal, state and
local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these
laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold
harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines
and all other consequences from any noncompliance or violation of any laws, ordinance, codes or
regulations.
15. NO THIRD PARTY BENEFICIARIES
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to
create in any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
16. NOTICES
All notices and other communications required or permitted to be given under
this Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties
intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed,
upon the date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY: Andrew J. Preston, (Project Manager)
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Daniel Macdonald
Daniel Macdonal AIA Architects, Inc.
1595 Grant Avenue, Suite 200
Novato, CA 94945
Agreement • 5
17. INDEPENDENT CONTRACTOR
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its
officers, agents and employees shall act in the capacity of an Independent Contractor, and not as
employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of
an employee of CITY.
18. ENTIRE AGREEMENT -- AMENDMENTS
A. The terms and conditions of this Agreement, all exhibits attached, and
all documents expressly incorporated by reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements,
oral or written, regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or
modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this
Agreement, and the terms and conditions of the attached exhibits or the documents expressly
incorporated by reference, the terms and conditions of this Agreement shall control.
19. SET-OFF AGAINST DEBTS
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any
ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid
checks or other amounts.
20. WAIVERS
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of
any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by
Agreement • 6
the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or
regulation.
21. COSTS AND ATTORNEY's FEES
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
22. CITY BUSINESS LICENSE/OTHER TAXES
CONTRACTOR shall obtain and maintain during the duration of this
Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR
shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer
identification number is 38589669, and CONTRACTOR certifies under penalty of perjury that said
taxpayer identification number is correct.
23. APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
Director of Public Works
ATTEST:
City Clerk
CONTRACTOR
Daniel Macdonald AIA Architects, Inc.
al
Title:
APPROVE AS O) ORM:
71
If
City Attorpey r
Agreement • 7
Daniel Macdonald AIA Architects, Inc.
30 July 2001
Ms. Katie Korzun
Senior Planner
City of San Rafael
Redevelopment Agency
1313 Fifth Ave
P.O. Box 151560
San Rafael, California 94915-1560
Subject: Owner/Architect Proposal
Court Street Plaza
Construction Administration Services
Dear Katie,
EXHIBIT "A"
�CE,
JUL 3 1 2001
I
f °AN RAFAEL REDEVELOPMENT AGENCY
Thank you for the opportunity to provide this Owner Architect Proposal for Construction
Administration Services in regard to Court Street Plaza.
This proposal, if approved, would delete this construction administration services phase from
our existing agreement. This proposal would then be inserted into that agreement.
Therefore, we propose the following for:
Court Street Plaza
San Rafael, California
Construction Administration Services
Description
The Architect proposes to perform for the City of San Rafael (Owner) the following construction
administration services for a civic plaza and vehicle entry into an adjacent parking garage
commonly known as Court Street Plaza.
This proposal is based on a construction timeframe of 18 (eighteen) weeks.
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Court Street Plaza, Owner - Architect Proposal
Page 2
Scope of Work
Phase IV; Construction Administration
A. Clarification of Construction Documents as requested by General Contractor or Owner
shall be by Architect.
B. Architect shall review and process shop drawings.
C. Architect shall attend one construction conference per week.
D. Architect shall provide one site visit per week for construction observation and one final
site visit for punch list as requested by Owner.
E. Architect shall provide assistance in name plaque(s) selection as requested by Owner.
F. Landscape Architect shall provide two site inspections.
G. Structural Engineer shall answer questions and issue clarification drawings. He shall
review reports by testing and inspection agencies.
H. Water Feature Consultant shall review submittals, answer questions and provide
periodic site observations.
I. Electrical Engineer shall process shop drawings, and provide three site visits during
construction.
Deliverables:
Not Applicable
Schedule
A. Fixed fee is based on a construction schedule of 18 (eighteen) weeks. Work required
for an extended time, if any, shall be deemed extra work and billed on an hourly basis.
Electronic Requirements
A. Documents, if any, shall be produced on AutoCAD compatible with Architect's existing
in-house computer system.
Court Street Plaza, Owner - Architect Proposal
Page 3
Compensation
A. Compensation shall be a Fixed Fee as shown below:
Phase IV.- Construction Administration
Architectural
Landscape Architect
Civil Engineer
Electrical Engineer
Water Feature Consultant
Structural Engineer
Total
Billings
$38,000
500
(not a part of proposal)
(included in Phase III)
3,500
(included in Phase III)
$42,000
A. The Architect's fees shall be billed monthly as the work progresses. Payment by Owner
shall occur within 30 (thirty) days, and subject to late charges beyond that, in the
amount of 1-1/2% (one and one half percent) per month.
Other Provisions
A. Unless otherwise agreed in writing, work beyond the scope of this agreement,
rework after either acceptance or approval by Owner, or other extra work, may
be performed by Architect and subject to extra charges and billed at prevailing
hourly rates.
B. Architect's services do not include: civil engineering; mechanical engineering; plumbing
engineering; geotechnical (soils) engineering; survey; asbestos investigations; outside
permit expediting fees; or environmental impact reports.
C. Reimbursable expenses are not a part of the Fixed Fee and shall be billed at cost plus
10% (ten percent) and shall include: additional engineering services; printing; plotting;
packaging; mailing; shipping; photography; government agency processing fees; permit
fees; plan check fees; etc.
D. This agreement may be terminated upon ten (10) days written notice by either
the Owner or Architect, should either party fail to perform his obligations
hereunder. In the event of termination, the Owner shall pay the Architect for all
services rendered to the date of termination, all reimbursable expenses and
reimbursable termination expenses.
E. Should it become necessary to institute legal action, the prevailing party shall, in
addition to any relief awarded, be entitled to recover an allowance for reasonable
attorney fees.
Court Street Plaza, Owner - Architect Proposal
Page 4
F. This agreement represents the entire and integrated agreement between the Owner and
Architect and supersedes all prior negotiations, representations or agreements, either
written or oral. This agreement may be amended only by written instrument signed by
both Owner and Architect.
Katie, thank you for the opportunity to provide this proposal for this unique and exciting project.
Please let me know if you have any questions or need clarification for any of the services or
fees we have listed above.
Sincerely,
Daniel Macdonald AIA NCARB
President
Encl.: Hourly Rate Schedule for Daniel Macdonald AIA Architects, Inc.
Daniel Macdonald AIA Architects, Inc.
1 January 2001
Hourly Rate Schedule
Principal
Project Architect
Senior Project Manager
Project Manager
Assistant Controller
Draftsperson
Administration
Office Assistant
Office Courier
$132.50 per hour
$ 93.00 per hour
$ 93.00 per hour
$ 75.00 per hour
$ 75.00 per hour
$ 57.75 per hour
$ 57.75 per hour
$ 32.50 per hour
$ 31.00 per hour
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