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HomeMy WebLinkAboutCC Resolution 8157 (Library Project)RESOLUTION NO. 8157 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with THE COUNTY OF MARIN AND RAYMOND HOLT & ASSOCIATES FOR CONSULTANT SERVICES DURING THE PREPARATION OF DRAWINGS AND SPECIFICATIONS FOR THE SAN RAFAEL/MARIN LIBRARY a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a REGULAR meeting of the City Council of said City held on the SIXTEENTH day of APRIL , 1990 by the following vote to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None JEAJu�- i%.�P LEONCIN , City C erk FiS/I/ AGREEMENT FOR CONSULTING SERVICES I This Agreement is made and entered into as of this day of .1990, by and between the City of San Rafael, the County of Marin and RAYMOND HOLT & ASSOCIATES (the "Consultant") Section 1. P se. The City and County have determined that it is in their best interest to obtain consulting services, as shown on "Exhibit A" and attached hereto and incorporated by this reference herein. The consultant has experience in providing such consulting services; and, therefore, the City and County desire to employ the consultant to provide such services. Section 2. Scone of Services. The Scope of Services to be performed by the Consultant under this Agreement shall include, but not be limited to, consulting services as requested and directed by the City and County which shall be necessary or desirable during the preparation of drawings and specifications for the San Rafael/Marin Library. Section 3. Term. This Agreement shall commence upon the date first written above and shall have a term for the full duration of the City/County Library Project as shown on "Attachment B", the Project Schedule, unless terminated in accordance with Section 4, below. Section 4. Termination. Any party may terminate this Agreement without cause effective upon receipt of thirty (30) days written notice from the other party. In the event of termination, the Consultant shall receive compensation pursuant to Section 6. In the event of termination, the obligation under Section 12 regarding indemnification shall survive such termination. Section 5. Compensation, Total compensation for consultant services is not to exceed $30,000 without prior written consent of the City and County. The City and County agree to share the cost of Consultant services equally, not to exceed $15,000 for each jurisdiction. To receive payment the Consultant shall submit seperate invoices to the City and the County, dividing the cost for services rendered equally between the two jurisdictions and itemizing hours. The invoice amount shall be due and payable within thirty (30) days after receipt of the invoice by the City and the County. Section 6. _Compensation in the Event of Earlv Termination. In the event this Agreement is terminated by any party, the Consultant shall be paid for amounts already invoiced but not paid, plus its fee for services rendered as of the date of receipt of the termination notice. The Consultant shall be reimbursed pursuant to Section 5 for expenses incurred as of the date Consultant receives notice or gives notice of termination, as the case may be. Section 7. Reimbursable Expense. In addition to the fee set forth in Section 5, the Consultant shall be reimbursed for its actual costs for reasonable travel and other expenses, not to exceed $10,300, divided equally between the two jurisdictions. Section 8. Accounting Records. Records of Consultant's services and reimbursable expenses pertaining to this Agreement and records of accounts between the City and County and the Consultant, shall be kept on a E generally recognized accounting basis and shall be available to the City and County or their authorized representatives at mutually convenient times for inspection. Section 9. Nondiscrimination. In performing services under this Agreement, the Consultant shall not discriminate in the employment of its employees on the basis of race, color, religion, sex, marital status, sexual orientation, national origin or ancestry. Subcontracts entered into by the consultant, if any, shall contain comparable language forbidding discriminatory practices by subcontractors. Section 10. Successors and Assi"n . Neither the City, the County nor the Consultant shall assign or transfer any interest in this Agreement without the written consent of the other parties. Section 11. Notices. Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is sent by certified mail, postage prepaid, addressed to the respective parties as follows: San Rafael Public Library 1100 "E" Street San Rafael, CA 94901 Marin County Free Library Civic Center Administration Building San Rafael, Ca. 94903 Raymond M. Holt & Associates P.O. Box 745 Del Mar, California 92014 Section 12. Ownershin of Documents. Any and all documents prepare by Consultant pursuant to this agreement shall become the property of the City and County. Section 13. Reliance and Indemnification. In performing its services under this Agreement, the Consultant may use and rely on copies of reports, representations, certifications, and other information prepared by or for the City and County and given to the Consultant. Consultant agrees to hold harmless, indemnify, including attorney's fees, and defend City and County, its employees and agents, from any and all claims, loss, liability and damages arising from Consultant's, its agents', or its employees' negligent or intentional acts or omissions arising as a result of consultant's work under this Agreement. Section 14. Consultant Not An EmDlovee of the Citv or Countv. It is understood that the Consultant is not acting here under in any manner as an employee of the City or County, but solely under this Agreement as an independent contractor. Section 15. Severabilitv. The invalidity in whole or in par of any provision of this Agreement shall not void or affect the validity of any other provision of the Agreement. 3 Section 16. Entire Aereement. This Agreement represents the entire and integrated Agreement between the City the County and the Consultant and supersedes all prior representations, either written or oral. This Agreement may be amended only by written instrument signed by the City and County and the Consultant. Section 17. Applicable Law. This Agreement shall be governed by the laws of the State of California. Section 18. Mpltinle Countemarta. This Agreement may be executed simultaneously in multiple counterparts, all of which shall constitute one and the same instrument and each shall be an original. Section 19. Attornev's Fees. If any party commences an action to enforce the terms hereof, the prevailing party shall be entitled to reasonable attorney's fees and costs. Section 20. Arbitration. The City and County and Consultant agree to submit any claims arising under this Agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this agreement the day and year first above written. CITY OF SAN RAFAEL COUNTY OF MARIN eL `LAWRENCE E. MULRYAN '` ROBERT ROUMIGUIERE Mayor Chair, Board of Supervisors ATTEST: CkNE lv LEO C City Clerk APPROVED AS TO FORM: ,-L . AQI,J-2 /K City Attorney VICKIE J. DAA' Clerk of the Board APPROVED AS TO FORM: County Counsel Raymond M. Holt & Associates 11 Z) .? �- r FEE -19`90 MLN '_7:51 ID --LIBRARY C0NSULTP1,1TS TEL N0:6194812927 :4107 P01 San Raf, San Rat. Ex Days RAYMOND M. HOLT AND ASSOCIATES LIBRARY CONSULTANTS 7 Post Office Box 745 Del Mar, California 92014 Telephone (619) 755-7878 Raymond M. Holl - Sarah V Holt To: Anne Appel Vaughn Stratford Re: Breakdown of Days Covered by Proposal From: Raymond M. Holt Datc, February 21, 1990 In response to your request we are providing a breakdown of the workdays covered by our proposal, The estimated number of days is divided between anticipated meetings in San Rafael and those required for office review of plans and specifications. Because the Concept Phase is being given greater attention -by BOOR/A in their schedule, including the three Charettes, it is necessary to add several days to the original schedule as well as expenses for additional trips to San Rafael. See Paragraph V. of the Proposal. Since we do not have BOOR/A's schedule beyond the Concept Phase, we have had to base our estimates on experience with projects of similar scope: Please note that the number of Library Consultant visits, work days and the contract sum may need to be amended to coincide with BOOR/A's actual work schedule, It should be remembered that this work will be spread out over a preiod of 12- 18 months. PHASE CONCEPT DRAWINGS SCHEMATICS DBSIGN DEVELOPMENT CONSTRUC'T'ION DRAWINGS INTERIOR DESIGN Totals I trust this information will be helpful. kno Visits to Days in Clays in Total San Raf, San Rat. Office Days 5 5 3 8 4 4 4 8 3 3 8 11 3 3 4 12 5 5 6 11 20 20 30 50 If you have further questions, please let me FEb-19—'90 MON 17:52 ID:LIBRHR'Y' CONSULTANTS TEL N0:6194812527 U107 P02 ----- RAYMOND M. HOLT AND ASSOCIATES LIBRARY CONSULTANTS Pust Office Bux 745 # Del M&r, Califoi nla 92014 Telephone /6791 765.7878 Raymond M. Holt . Sarah V Holf PROPOSAL FOR LIBRARY CONSULTANT'S SCOPE OF WORK DURING THE PREPARATION OF DRAWINGS AND SPECIFICATIONS FOR THE SAN RAFAEL/MARIN LIBRARY Submitted by Raymond M. Holt & Associates, Library Consultants Revised February 21, 1990 In response to your request we are; pleased to submit this proposal covering the various phases to be completed during the preparation of drawings and specifications for the San Rafael/Marin Library building project. It should be noted that the estimate of cost is based on our past experience with other r architectural firms on projects of this size. If our assumptions regarding the number of team meetings and plan review submittals differs from the schedule adopted for the project, then our fees and expenses are subject to change accordingly. The purpose of this proposal, then, is to provide you with advanced information on the approximate cost of our services for the scope of work as defined herein. 1. SCOPE OF WORK The role of the Consultants during the preparation of drawings and specifications for the San Rafael/Marin Library project include participation in team meetings 'and the submission of written comments and questions on plans and specifications at certain milestones in the process. One of the Consultants goals Is to evaluate the drawings and specifications in terms of the requirements set forth in the Building Program. This is a continuing process which becomes more stringent as the project evolves. It is important that the Consultants be involved with the full range of architectural, engineering and interior design plans and specifications throughout the project. In addition to participating as team members and reviewing drawings and specifications, the Consultants will be 'bringing to bear the experience gained from prior involvement in more than 100 other library building projects, JJrJ':iUL I HN 1'=-' l EL NG: 5194812927 9107 PES II. TYPICAL TASKS The Scope of Work will be implemented as follows, subject, of course, to such modifications as may be required by the project schedule as finally adopted. A. Project Team Meetings The Consultants will participate in Project Team meetings including all Charettes. Such meetings provide the prime opportunity for reacting to plans and specifications and to the sharing experience gained from previous projects. It has been assumed that most, if not all Team meetings will be ono -day meetings occurring in San Rafael. B. Off-site Reviews of Plans and Specifications The Consultants will provide off-site reviews of plans and specifications as submitted by the Design Professionals. Such reviews will occur in accordance with the schedule established for the project. Plan review comments and questions will be submitted in writing. Until a definitive schedule is established, Off-site Reviews are expceted to include: I. Concept Phase A written review of the Concept Drawings will be provided mid- way during this phase and again at the close of the all-important Concept Phase. Particular attention will be given to issues which must be resolved during the Schematic Phase. 2. Schematic Phase During the Schematic Phase the Consultants will provide a written review of Schematic Drawings and Outline Specifications Near the close of the Schematic Phase and prior to the commencement of the Design Development phase. 3: Design Develo-pment Phase The Consultants will provide written reviews of drawings and specifications during the Design Development Phase at approximately the following milestones as determined by the Design Professionals; a. 50% completion of Design Development b. 40%a completion of Design Development It is understood that the project will be placed on hold at the end of the Concept Phast and that further work will depend upon resolution of the funding issue. N r r=-1'7-' JU P IUN l r ::D : i i J : L 1 bkHKY '-UNSULTRNTS TEL N0:61942,12927 9107 PO4 Two reviews of drawings and specifications are included during the Construction Document Phase and are expected to coincide with: a, 50% completion of Construction Documents b. 90% completion of Construction Documents 5. Interior Design The review of Drawings and Specifications will include documents prepared specifically for the Interiors of the building including layout of furniture, fixtures and equipment: this includes Companion materials such as color and finishes boards, catalog cuts of furniture, casework, graphics and signage. C. Go -No -Go Clause It is understood that the project may be placed on hold at the end of the Concept Phase and that continuance will depend upon resolution of the funding issue. III. REPORTS AND REPORTING Unless otherwise agreed to, all written reports will be limited to the submittal of three copies to be transmitted by FAX or mail, as may be determined, to the following: • San Rafael Public Library Director • Marin County Librarian • Sud Oringdulph or John Meadows at 130OR/A Further duplication and distribution shall be considered the responsibility of one or more of the above parties. Each written Off•sitc review shall includ; (1) comments on findings, (2) questions, (3) any recommendations as to possible alternatives and solutions, and (4) any additional relevant information available to the Consultants. I V. SCHEDULE The Consultant's schedule. for performance shall be consistent with that established for the project, 3 r ttj-1 ,:- '7U 11UN 'i . 4 1 U : L 1 G'KHH Y LUN6UL I HN ; ''S ? EL ND: b 1948125 ='r 9107 P05 V. COST OF CONSULTANT SERVICES The Consultant's fees and expenses for providing the services described in this Proposal aro based on the assumption that a total of 50 Consultant days will be required and that 20 overnight trips will be made to San Rafael during the course of the design process, (If this does not correspond with the schedule adopted for the project, the fees and expenses will be adjusted accordingly,) The result is a lump sum Proposal, subject to agreement with the project schedule, of Porty Thousand and Three Hundred Dollars ($40,300,00) Of this amount, $30,000,00 is for Consultant Fees and $ 10,300.00 is for expenses. It is assumed that this would be divided between the two jurisdictions. Payment would follow submittal of monthly "progress payment" invoices to each jurisdiction, V I , ADDITIONAL SERVICES AND FEES The Consultants may provide such additional services as may be mutually agreed upon and at such fees and expenses as may be deemed equitable by the Client and the Consultant. Unless otherwise agreed to, the Consultant's hourly rate shall be Seventy-five dollars ($75.00) per hour and the daily rate shall be Six Hundred Dollars ($600.00) plus reimbursement for travel, lodging, car rental, meals and other miscellaneous items associated with the work under contract, tfully suhmitt y and M. Holt Raymond M. Holt & Associates, Library Consultants 4 C P m r y C-3 g O - m f�D y V CO Fn 90 /U) 3 n !C .p n rt n N � p m. H m K .ne c F o m m a v y n p fil ❑' m v\ �e �f. , N Z n n n n E a ,❑.. 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