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PW Fifth and C Parking Structure ModificationsAGREEMENTFORPROFESSIONALSERVICES~TH MARTIN & MARTIN CONSULTING ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES ~D,;f $/'6. This Agreement is made and entered into this '2b 111 day of ])e cetllbe R ,~, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARTIN & MARTIN CONSULTING ENGINEERING, INC., (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that certain specialized professional services are required for the 5th Avenue & C Street Parking Structure Repair (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works 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'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Emily Guglielmo 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. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide the services outlined in their proposal letter dated July 20, 2017 marked as Exhibit "A", attached hereto, and incorporated herein. -------3. DUTIES OF CITY. CITY shall compensate CONTRACTOR as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule dated July 20, 2017 and included as part of Exhibit "A" attached and incorporated herein, in an amount not to exceed $65,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on August 31, 2018 when the work shall have been completed, unless the parties agree to extend this Agreement for another 90 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 2 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, 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 dollars ($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 dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. 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. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. 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. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or 4 specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. B. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 5 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: Bill Guerin Director of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 Emily Guglielmo Martin & Martin Consulting Engineering Inc 700 Larkspur Landing Circle, Suite 155 Larkspur, California 94939 6 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WANERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 7 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W -9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. MISCELLANEOUS PROVISIONS. A. CONTRACTOR will perform its services in accordance with the applicable engineering "Standard of Care," which is defined as the provision of professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of the engineering professions currently practicing under comparable circumstances, time frame, and locality ("Standard of Care"). B. CONTRACTOR neither makes nor gives any warranty or guarantee of any kind, expressed or implied, as a part of its provision of services, the performance of the terms of this Agreement or in connection with the delivery of any work products, drawings, reports or other materials. The parties specifically agree than any letter, report, certificate or certification issued by CONTRACTOR or the placement of their engineering seal on any design document, report, or forensic analysis does not constitute a guarantee or warranty of any kind, expressed or implied. Except of the "Standard of Care" set forth in subssection A above, no independent duty of care is owed by CONTRACTOR to CITY. e. Any opinions of probable project costs or construction costs by CONTRACTOR represent its reasonable professional opinion and are furnished for general guidance. CONTRACTOR makes not representation, warranty or guarantee, either expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. //I //1 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR ~~ By: ~ Name:~Jlrno Title: Vr)o 0 C j pa. \ ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: F. EPSTEIN, City Attorney 9 July 20,2017 Mr. Kevin McGowan City of San Rafael 111 Morphew St. San Rafael, CA 94901 Re: 5 th and C Parking Garage Structural and Civil Services Proposal Dear Kevin: I am writing to present our proposal for civil and structural engineering services for the 5th and C Parking Garage repairs in San Rafael, CA. Our understanding of the project scope and requirements is based upon the Martin/Martin, Inc. Parking Structure Upgrade/ Replacement Study dated November 10,2014 and meeting with Kevin McGowan and Steve Patterson on December 16,2015. I. PROJECT DESCRIPTlON The following constitutes our understanding of the project and is the basis for our proposed fee. This ! project incl udes civil and structural scope, including seismic retrofits, based on the Novem ber 2014 report. The 5th Ave & C St Parking Struc~ure was originally a surface parking lot constructed in 1959. In 1964, a second level was added to the parking garage on the existing concrete foundations. Some structural steel bracing was added as part of an undocumented retrofit. There have been ongoing repairs to the concrete columns and precast beams. The following represents the structural and civil scope included in this proposal: Maintenance Items This section includes scope items for repairs and/or maintenance: A. Precast Tee Stem Repairs B. Vertical and Overhead Concrete Repairs C. Traffic coating, new top coat specification D. Concrete delamination repair details E. Repair and waterproofing of all corroded steel F. New handrails to meet current code requirements for height and spacing EXHIBIT A City of San Rafael 5th &C Parking Garage Repairs San Rafael, CA January 14, 2016 Pagel2 Seismic Retrofit A seismic study was performed as part of the 2.014 study and report. Tier 2. analysis showed that both the braces and precast moment frames do not possess adequate strength to resist lateral loads imposed during a seismic event. Because of the manner in which the precast frames were constructed retrofit of precast moment frames would be costly. Similarly, the retrofit of both the braces and the brace connections would be extensive and cost prohibitive. Because of this it is recommended that the existing steel braces be removed and additional lateral resisting elements on two sides of the garage be provided. Because ofthe column layout on this garage, it is recommended that a concrete wall be used and new micro pile foundations be provided at wall ends. Additionally a connection plate will be required at the precast girder joints at all perimeter girders. Provide new concrete shear wall ,, __ J,!_~.-_ -~ ".," I -, -'----.-; --" -' ----'1"1 . :---l c.:c-::-O-':''O;1?-::;,''-;;;·-m''C'''':---:--~<Trl ~Tl~ I' I I I I ; Site Improvements A site evaluation was performed as part of the 2.014 study and report. There were several locations of concrete sidewalk and driveway along both 5th Avenue and C Street where the exterior pavement was observed to be broken and/or cracked. Asphalt patching has been used in a few locations where the sidewalk has broken or moved in an attempt to minimize tripping hazards. Broken pavement in walking paths can present a tripping hazard and ADA regulations limit allowable elevation changes along walking surfaces to :W'. Additionally, movement and/or settlement of the sidewalk was observed along C Street and City of San Rafael 5th &C Parking Garage Repairs San Rafael, CA January 14, 2016 Pagel3 5th Avenue which has resulted in portions ofthe sidewalk draining back toward the structure. The movement may be the result in part due to tree roots based on the proximity to existing trees. To correct these issues it is recommended to replace the exterior sidewalks a'nd driveways. Additional, though minor, site improvement recommendations included the addition of a "Van Accessib le" sign in the ADA parking area, replacement of the existing stair handrails to comply with CBC criteria, and replacement ofthe existing trench drain at the northerly drive entrance. II. BASIC SERVICES A. Survey: Provide a topographic site survey utilizing a subcontractor including location of site features horizontally, elevations at 1-foot contours, and visible utilities . Utility locates are not included. An ALTA survey per ACSM Standards is not included. B. Construction Documents: Prepare final structural engineering calculations and design drawings for the items noted in the scope above and as'sist in the preparation of specifications for the structural portions of the project. Prepare final civil engineering design drawings for the items noted in the scope above anticipated to include site demolition, grading, paving, and trench drain plans. Provide stamped copies of Construction Documents for permitting as indicated under "Deliverables" in the section below: 1. Consult on non-structural elements that are not part of the Primary Structural Systems. Consultation is to determine the design forces ofthese elements on the Primary Structur.al System and to assist other Design Team members in developing details. 2. Recommend scope and frequency of structural testing and inspection made by others. 3. Respond to the comments from the Authority Having Jurisdiction (AHJ) regarding documents submitted for permit and update such documents, if necessary. C. Bidding and Negotiation: Assist in determining the qualifications of structural trade subcontractors . Respond to queries of bidders regarding interpretation of Construction Documents. Provide clarifying addenda. Review and act upon substitution requests for reasonable alternates included as a part of bidder's submittals. Assist with technical aspects of the bid evaluation performed by the Client or Owner upon request. D. Construction Administration: Assist in interpretation of the design intent and clarification of technical details of the civil and structural design as follows: 1. Review required manufacturers' and suppliers' shop or erection drawings, allied submittals, and samples furnished by the Contractors for the civil and structural work . This review will be for general conformance with the design concept and will not include checking of dimensions and quantities, nor review of the Contractors' means and methods of doing the work. City of San Rafael sth&C Parking Garage Repairs San Rafael, CA January 14, 2016 Page 14 2. Review of Deferred Submittal elements designed by others for specified loads and criteria specified on the structural Contract Documents only. The supplier and/or engineer who designed the elements are fully responsible for the design. 3. Return one (1) set of shop drawings with engineer's comments, via electronic mail. 4. Review and respond to Contractor's Requests for Information (RFI) when they request clarification to the Contract Documents. RFl's submitted by the Contractor to addre?s conditions of non-conformance will result in "Additional Services,': as noted below. 5. Make up to a maximum offour (4) visits to the construction site to observe the structural elements of the project and/or attend construction-related meetings. These visits will be timed to observe the structural work at appropriate points based on the judgment of Martin/Martin, Inc. personnel. The purpose of these visits will be to observe the quality of work and the progress of construction. During such visits, and on the basis of these observations, Martin/Martin, Inc. personnel will use their professional judgment to ascertain whether the work is generally in conformance with the structural design intent. Observation included with this proposed Agreement does not satisfy the special inspection requirements ofthe Building Code. 6. Make one (1) visit to the construction site to observe the civil elements of the project. This visit will be timed near completion of the site improvements. The purpose of this visit will be to observe the quality of work and check that all scope items have been constructed. During such visit, and on the basis ofthese observations, Martin/Martin, Inc. personnel will use their professional judgment to ascertain whether the work is generally in conformance with the civil design intent. Observation inciuded with this proposed Agreement does not satisfy the special inspection requirements of the Building Code. E. Post-Construction Services: Martin/Martin, Inc. has included revisions of drawings to include Record Drawing redlines from the Contractor. No other post-construction services are included as a part ofthis Agreement. III. DELIVERABLES A. Drawings: Structural drawings will be prepared as a combination of plans, sections and elevations extracted from a three-dimensional Building Information Model (BIM) and two- dimensi?nal drawings to describe details and connections. Civil drawings will be prepared as a combination of plans and details based on a topographic site survey. Martin/Martin, Inc. will provide two (2) sets of stamped drawings as required by the AHJ. Drawings will be issued formally by Martin/Martin, Inc. in a single final Construction Document set at the same time all other Drawings for the project are issued. Addit ional drawings or sheets of drawings required for addenda, bulletins, and clarifications will be issued, as required. City of San Rafael sth&C Parking Garage Repairs San Rafael, CA January 14, 2016 PagelS B. Calculations: Martin/Martin, Inc. will deliver one (1) copy of calculations, as required, by the AHJ to support the permit submittals for the project. Calculations are representative, as required, to indicate application of building code requirements and engineering judgment. C. Specifications IV. ADDITIONAL SERVICES All services not listed under "Basic Services" are considered "Additional Services." The compensation for these services will be in addition to that for "Basic Services." A. Special Services: Special Services are services that can be provided as "Additional Services," but are not included under "Basic Services." 1. Preparing documents for alternate bids. 2 .. Preparing early design/bid packages or out-of-sequence services, except as provided under "Basic Services." 3. Providing probable construction costs or quantity surveys, or inventpries of material, equipment, or labor. 4. Preparing lito sCCjle" Contract Documents beyond normal practice. S. Providing services for any off-site improvements not listed under "Basic Services." 6. Providing services in connection with future facilities, systems or equipment which are not intended to be constructed as part of this project. 7. Tenant-related design services, except as provided under "Basic Services." 8. Structural design or review of Contractor's construction systems or techniques such as . . formwork, excavations, shoring, bracing, or crane supports. 9. Providing design or detailing for Non-Primary Structural Systems except as noted under "Basic Services." Support of mechanical, electrical, and tenant equipment including seismic bracing are "Additional Services" in this proposed Agreement. 10. Attending Owner/Architect/Contractor meetings during construction, except as noted under "Basic Services." 11. Providing digital data that is not consistent with the assumptions listed in Section IV of this Agreement. 12. Special analysis such as blast resistance, defensive desiin (progressive collapse analysis), floor response for sound transmission, or vibration and dynamic analysis. 13. Design of Fall Protection Systems except for providing load capacities at specific locations, magnitude, and direction for systems designed by others and provided to Martin/Martin, Inc. at such time that it can be included in the Design Documents in a logical and sequential fashion. 14. Performing the role of the Special Inspector. 15. Engineering of site structures, exterior, and noncontiguous with buildings (e.g. retaining walls, culverts, tunnels, fountains, signs.) 16. Providing Site Drainage or Stormwater Management Reports. City of San Rafael 5th &C Parking Garage Repairs San Rafael, CA January 14, 2016 Pagel6 B. Contingent Services: Contingent Services are services that usually arise as a result of unforeseen circumstances. Contingent services can be provided as "Additional Services." 1. Engineering services resulting from changes in project scope beyond Martin/Martin, Inc.'s control. 2. Services in connection with submitting work due to changes in government requirements instituted after the date ofthis Agreement. 3. Maki ng revisions to drawings, specifications, or other documents when such revisions are inconsistent with prior approvals or instructions. 4. Providing consultation and professional services in connection with the evaluation or replacement of any work damaged during construction. 5. Services made necessary by Contractor's default or by defects in the work of the Contractor. 6. Providing more extensive representation and/or observation at the work site during construction (at the request of Owner, Contractor, or Architect,) than listed under "Basic Services." 7. Post-construction services. 8. Furnishing of opinions as an expert or serving as an expert witness. 9. Services modifying work performed by Martin/Martin, Inc. to bring the construction cost within any limitation imposed by the Client. If during the progress of work, Martin/Martin, Inc. determines additional engineering services are recommended, these "Additional Services" may be negotiated directly with the Architect/ Owner or Contractor. V. COMPENSATION A. "Basic Services," will be provided for a lump sum fee of $65,OO(). Labor and Non-Labor expenses for travel are reimbursable in addition to the fee stated. B. Payment for "Basic Services" will be made monthly in proportion to the work accomplished, and will equal the following percentages ofthe total fee, at the completion of each phase: Construction Documents ....................................................................................................... 75% Bidding and Negotiation ....................................................................................................... 80% Construction ....................................................................................................................... 100% C. Labor and Non-Labor expenses for out-of-town travel are reimbursable in addition to the fee stated. D. "Additional Services" will be provided on an hourly basis following the Schedule of Rates and Charges listed below: Rates for personnel above are subject to review each year. City of San Rafael 5 th &C Parking Garage Repairs San Rafael, CA January 14, 2016 Pagel7 LABOR RATE Principal ................................ $195 per hour Sr. Designer ........................................... $135 per hqur Associate ..................................... $185 per hour Designer ................................................ $110 per hour Sr. Project Engineer ..................... $175 per hour Technician 111. ........................................ $100 per hour Sr. Bldg. Envelope Specialist.. ...... $175 per hour Technician II ............................................ $95 per hour Project Engineer .......................... $160 per hour Technician I. ............................................ $90 per hour Professional Engineer .................. $140 per hour Administ~ative Assistant.. ....................... $65 per hour Engineer EIT 11. ............................. $120 per hour Engineering Intern .................................. $60 per hour Engineer EIT 1 ............................... $110 per hour This Agreement, together with the red lined Agreement for Professional Services with Martin & Martin Consulting Engineering, Inc. for Professional Engineering Services, dated July 20, 2017 represents the entire Agreement and supersedes all prior negotiations, representations, or agreements, whether written or oral. Amendment shall be by written instrument only, signed by all parties. Thank you once again for considering Martin/Martin, Inc. for your team. Please call if I may answer any questions regarding this proposed Agreement. Respectfully submitted, Emily Guglielmo, SE, PE, CE Principal CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Kevin McGowan Extension: 3389 Contractor Name: Martin & Martin Contractor's Contact: Emily Guglielmo Contact's Email: eguglielmo@martinmartin.com D FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE 7/20/2017 7/20/2017 11/29/2017 11/29/2017 11/29/2017 D N/A Or 12/18/2017 12/5/2017 ~V l 1N ~ 1.N J';l...))' t::, J/3{ 18- REVIEWER Check/Initial ~ ~ ~ LAG ~ LAG D D VM~ UAAlil e.1'?J