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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. ■ 1 5 9 S G r a n t A v a n u• 5 u I t a 2 0 0 N o v a t o C I I f o r n I a 9 4 9 4 5 ( 4 1 5) 8 9 9. 0 0 5 0 F a x ( 4 1 5) 6 9 9- 0 0 5 5 E M a I I: d m a I a@ d m a I a. c o m 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 ■ 1 5 9 5 G r a n t A v e n u e S u i t e 2 0 0 N o v a t o C a I i( o r n i s 9 4 9 4 5 ■ ( 4 1 5) 8 9 9- 0 0 5 0 F a x ( 4 1 5) 8 9 9. 0 0 5 5 E M a i I: d m a i a@ d m a j a. c o m