HomeMy WebLinkAboutCC Resolution 13944 (Library Needs Assessment Agr.)RESOLUTION NO. 13944
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GROUP
4 ARCHITECTURE, RESEARCH, + PLANNING, INC. FOR A LIBRARY
NEEDS ASSESSMENT AND SYSTEM ANALYSIS
WHEREAS, the San Rafael Public Library's downtown facility (the "Library") was built
in 1906 and the last major renovation that expanded Library space was in 1976; and
WHEREAS, the 15,000 square foot facility serves a community of 58,000 and industry
standards dictate 1 square foot per resident; and
WHEREAS, circulation of Library materials has increased 29% in the last 2 years and
foot traffic has more than doubled in the last 10 years; and
WHEREAS, library leadership began lobbying for a new Library in 1970; and
WHEREAS, the 2003 City of San Rafael General Plan 2020 (section CA -11) states that
the City should "renovate and expand or replace" the Library; and
WHEREAS, in 2004 a San Rafael Library Foundation was created with the sole goal of
raising funding for a new library facility; and
WHEREAS, the Library is in the early planning stages of exploring possibilities for a
new library for San Rafael, and would benefit from a needs assessment to help the Library gather
information and community input about existing library services and facilities, community
projections and priorities, and an analysis of space needs and site requirements to plan for the
future; and
WHEREAS, Group 4 Architecture, Research, + Planning is a well-respected firm and
very familiar with conducting the desired needs assessment and analysis, and has submitted a
proposed scope of services, schedule of compensation, and work schedule for the needs
assessment project, which are attached hereto as Exhibits "A", `B", and "C" respectively;
NOW, THEREFORE, BE IT RESOLVED that the proposal from Group 4
Architecture, Research, + Planning, Inc. set forth in Exhibits "A", "B", and "C", are hereby
accepted at a fee, including reimbursable expenses, not to exceed $49,620.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute a professional services agreement with Group 4 Architecture, Research, + Planning,
Inc. in a form approved by the City Attorney for said work.
BE IT FURTHER RESOLVED that funds totaling $49,620 shall be appropriated from
the General Fund budget out of a combination of the 2014/2015 fiscal year and 2015/2016 fiscal
year Library budgets.
I, ESTHER C. BEIRNE, 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 Mondav, the 15th day of June, 2015 by the following vote, to wit:
AYES:
COUNCILMEMBERS:
Bushey, Gamblin, McCullough & Mayor Phillips
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Colin
ESTHER C. BEIRNE, City Clerk
EXHIBIT A
SCOPE OF SERVICES
THE PROJECT
1.0 The Project consists of preparing a Plan for the San Rafael Library that will include the following
Task:
■ Project Initiation
■ Needs Assessment- Community, Library Services and Facilities
■ Library Services and System/Facilities Plan
■ Final Report
The study will build on and leverage the work that the Library and the City has been working on
for the Library, including recent community survey that was completed, the Strategic Planning
work, and the Visioning workshop completed in March. The services include that of an Architect
and a Library Consultant.
II SCOPE OF BASIC SERVICES
2.0 General
2.1 The intent of the Consultant's Basic Services is to consist of developing a clear plan for the
future of the San Rafael Library. The Consultant shall provide an excellent launching pad for
the community to move forward in the next phase of the project. The Assessment phase
includes developing summary assessments for the community needs, library services, and the
library facility. The Plan phase includes developing a plan for future library services, the
library system, and library facilities.
2.2 In selecting the Consultant, the Client recognizes that the Consultant has the qualifications to
provide full planning, architecture, and interior design services including conceptual design,
schematic design, design development, construction documents, bidding, construction
administration, and post -construction phase services. The Client, at its discretion, may choose
to amend this contract to add services to the Consultant's Scope of Services for Additional
Compensation if mutually agreed to by the Client and Consultant.
2.3 The Client shall provide the following for the Project as needed:
2.3.1 A Client representative who can render decisions on behalf of the Project in a timely
manner.
2.3.2 Scheduling and invitations for public meetings.
2.3.3 Information about previous analysis, polls, studies and information relevant to
developing the planning work.
2.3.4 Services of other specialized consultants if needed for the Project.
2.3.5 Any other information not included in Consultant's Basic Services or Additional
Services that is reasonably needed for the Project.
3.0 Consultant's Basic Services: Basic Services includes the services described in this Section 3.0
including subsections and subparagraphs.
3.1 Task 1 Initiation - The Consultant shall establish a project work plan and public outreach plan
that will build on the work already completed by the Library and layout the plan to accomplish
goals set forth for the Needs Assessment and Building Program Study. The planning team
will work closely with the Library's project manager and designated members of the PMT to
develop project controls and communication tools. The project work plan will be goal
oriented; the scheduled project meetings will have detailed agendas and objectives with
logistics established early on. The draft work plan and community outreach plan will be
refined to integrate review comments and to align with other key dates or initiatives that are
currently in progress. The Consultant shall review City provided needs assessment
U:�City Council\ Exhibit A Scope DRAFT 2015 05 07.docx Pagel of 4
information (survey results, Strategic Plan, Visioning Workshop content), develop exhibit
backgrounds, and coordinate the work plan and participation plan with the library. The
Consultant shall establish project and process goals for the study at the first PMT meeting.
Meetings: Project Management Team (PMT) Meeting #1.
Deliverables: Project Schedule, Directory, Work Plan, Outreach Strategy, and Meeting
Schedule, PMT #1 Meeting Notes..
3.2 Task 2 — Assessments - The Consultant shall assess and complete concurrently Community,
Library Service and Existing Library.
3.2.1 Task 2A: Community Summary Assessment: The Consultant shall review current and
projected demographic and population projections for the City of San Rafael and
confirm the projected Library service population with the City. The Consultant shall
review and include reference to the City's 2020 General Plan for establishing the
community projections for library services. The Consultant shall conduct one day of
interviews with staff, and selected stakeholders (approximately 8 hours) to be
developed and understanding and analysis of the current community needs and the
projected community needs. The Consultant shall work with the Library to identify
appropriate "peer" communities in California and compare current and planned library
service levels and space planning targets.
3.2.2 Task 2B — Library Services Summary Assessment: The Consultant shall focus this
assessment in three areas: customer experience, customer -staff service model, and
technical operations. In this task, The Consultant shall develop a snapshot of the
current Main Library facility looking at how well it delivers service and its capacity to
continue serving the community. The Consultant shall review and summarize currently
offered programs, services, technology, and collections and the community's use
thereof, the Library's current strategic/service plans, and any other relevant
information. The Consultant shall tour both existing facilities with staff to identify
space -related service issues, conduct both staff interviews and technical meetings to
develop an understanding of current operations as well as planned or desirable service
delivery innovations and discuss the Library's service and space needs in the context of
current best planning practice. The Consultant shall assess the Library's various usage
and collection statistics in relation to the programs and services review. The Consultant
shall capture what the service successes and challenges are for the current San Rafael
Library. The Consultant shall also reference the recent customer service survey to help
develop a comprehensive summary of the current level of library service that is
provided at the library.
3.2.3 Task 2C — Existing Library Assessment Summary: The tour of the Main Library shall
also enable the Consultant to observe general conditions as well as functional issues
related to library service delivery as well as technical needs. The technical summary
will include a general assessment of the structural system, HVAC systems, ADA
compliance, and code updates. The Consultant shall conduct a technical meeting with
the City's facility staff to review and confirm our findings. The Consultant shall also
assess how well this existing facility can be adapted to deliver 21st century service and
will prepare a statement of strategic -level space deficiencies.
Meetings: PMT Meetings #2 Library and Facilities Technical Meetings; Council
Sub-Committee/Foundation Study Session #1.
Deliverables: Meeting Agendas, exhibits, and Summary Minutes of each input session,
Community Assessment Summary, Library Services Assessment
Summary, and Existing Facilities Assessment Summary..
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3.3 Task 3 Library Services and System/Facilities Plan -The Consultant shall develop the
library Plan for services and the System Plan for facilities.
3.3.1 Task 3A Library Service Plan:
3.3.1.1 Input from Library and City Staff
3.3.1.2 Analysis of emerging library needs
3.3.1.3 Identification of San Rafael's Market focus and opportunities
3.3.1.4 A summary of San Rafael Library's core services.
The Consultant shall prepare a statement of strategic -level space needs, opportunities,
and planning targets both systems wide and for two system options: a two branch
system, and a three branch system. Based on the results of the recently completed
community survey and needs assessment, the Consultant shall develop a set of service
level/space needs recommendations, including shelving and seating capacities, space
for public technology, programming spaces, and overall building size. The
recommendations will address space needs for the entire system and for each facility.
The Consultant shall develop space need options for both a two facility and three
facility library systems.
3.3.2 Task 3B System/Facilities Plan: The Consultant shall develop recommendations for
optimizing San Rafael's Library system (facilities) relative to community access,
service delivery, and operations, including:
3.3.2.1 Systemwide and community -level service and space needs.
3.3.2.2 Geographic distribution of library service.
3.3.2.3 General facility size and parking guidelines for library service delivery
3.3.2.4 Operational and capital cost models.
As part of the system analysis, the Consultant shall develop alternative system
scenarios that will include both the existing Main Library site as well as sites identified
in collaboration with the Library and the City staff. The Consultant shall develop
Library site feasibility criteria to use as a guide to assist in alternative site identification
and analysis. The Consultant shall conduct a Technical Meeting with the City's
Planning Department to understand the City's overall development goals; confirm
zoning and other considerations related to the existing site and potential sites to be
evaluated as potential for a new library. The Consultant shall identify up to three (3)
additional sites that may be appropriate for evaluation in this study.
The Consultant shall prepare an analysis of opportunities and constraints for the
proposed system scenarios and potential sites which will include:
3.3.2.5 Service and space needs
3.3.2.6 Geographical distribution and access
3.3.2.7 Operational and capital costs
The Consultant shall prepare the Community Kiosks to have the community review and
confirm the study assessments and to provide input into the library and system plan.
The same content of the kiosks will be available to the community in an on-line survey.
The community, library and facility assessments, along with the library plan and
system scenarios will be compiled and to allow for a comprehensive analysis of the
benefits and challenges of each of the proposed system scenarios and potential library
sites. The Consultant shall conduct a 'study session with the Council Sub-
Committee/Library Foundation and City staff to review the options and to provide
input and analysis into developing the preferred alternative. The preferred system
alternative will be refined and updated based on the on the feedback and input from the
study session.
Page 3of4
Meetings: PMT Meetings #3 and #4; 2 -Community Kiosks and the "DIY" Kiosks;
Council Sub-Committee/Library Foundation Study Session #2
Deliverables: Meeting Agendas, exhibits, and Summary Minutes; Library Service Plan;
proposed Service Level Recommendations; Summary; Site Opportunities
and Constraints Analysis; Site evaluation criteria and Analysis O(for up
to 3 additional sites); and Library System/Facility Plan Summary.
3.4 Task 4 Summary Report - The Consultant shall prepare a draft summary report for review by
the PMT and presentation to the Council Sub-committee/Library Foundation at our 3rd
meeting with them. The report will include a summary of the work completed in this study.
The Consultant shall distribute the draft report for the Library's review and comment and
incorporate their comments into a final report.
Meetings: PMT Meetings #5; Council Sub-Committee/Library Foundation Study
Session #3.
Deliverables: Meeting Agendas, Exhibits, Draft Final Report; Final Report and
Summary Presentation.
III OPTIONAL SERVICES
4.0 The following services are not included in the Consultant's Scope of Basic Services and shall be
provided if requested by the Client. The Consultant shall be compensated for Additional Services in
addition to compensation for Basic Services and Reimbursable Expenses.
4.1 Additional meetings beyond those identified in Exhibit A, Section H.
4.2 Engineering and specialist consultants
4.3 Environmental studies
4.4 Traffic engineering
4.5 The services of consultants other than those included in the Basic Services.
4.6 EIR services
4.7 Cost estimates
4.8 Scale models
4.9 Computer animation.
4.10 Preparation and conducting focus groups and follow up
4.11 Making revisions to drawings, designs, or other documents when such revisions are
inconsistent with approvals or directions previously given by the Client, made necessary by
determination by the Client or its other consultants, or made necessary by the Client's failure
to render decisions in a timely manner.
4.12 Any other service not included in Basic Services.
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EXHIBIT B
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1.0 COMPENSATION FOR BASIC SERVICES
1.1 For the Basic Services described in Exhibit A, Task 1 through Task 4, the City of San Rafael shall pay
the CONSULTANT a total fee in the amount not to exceed Forty Six Thousand Five Hundred Twenty
Dollars ($46,520.00) plus a maximum of allowance of Three Thousand 100 Dollars ($3,100) of
reimbursable allowance.
1.1.1 For the Basic Services described in Exhibit A, Task 1-4, article 3.1-3.4 the CONSULTANT
shall invoice for these services monthly for the percent complete of each task:
Task 1: Project Initiation
$ 3,460.00
Task 2: Needs Assessment,
Community, Library Services and Facilities
$13,670.00
Task 3: Library Services and System/Facilities Plan
$24,840.00
Task 4: Final Report
$ 4.550.00
Total Fixed Fee Services
$46,520.00
Reimbursable (Allowance)
$ 3,100.00
2.0 COMPENSATION FOR REIMBURSABLE EXPENSES (See Allowance included under 1.1.1
above)
2.1 Reimbursable Expenses (Allowance) are in addition to compensation for Basic Services in Exhibit A and include
expenses incurred by the CONSULTANT and subconsultants in the interest of the project, as identified in the
following clauses.
Reimbursable expenses related to the project, whether for CONSULTANT, subconsultant, or CITY
use, are billable at 1.15 times direct cost or at the rates indicated below. Such costs include, but are not
necessarily limited to:
■ CAD plotting of check sets and presentation drawings larger than 11"x17' foot.
■ Outside service printing/copying of drawings and documents of any size.
■ In-house black and white printing/copying of drawings larger than 11 "x 17".
■ In-house black and white printing/copying for draft and final reports and specifications.
■ In-house color and grayscale printing and photocopying up to 11"x17' for in-house, consultant or
client use.
■ Software purchase and licensure on behalf of the client with prior client approval.
■ Postage, delivery and messenger service.
■ Photographic and digital imaging, including color and gray scale copies of any size.
■ Outside telephone conferencing services.
■ Overtime expenses with prior client approval.
■ Architectural renderings, physical and digital scale models and animations.
■ Travel expenses such as mileage, bridge tolls, and meals.
■ Subconsultant costs.
■ Presentation boards.
■ Facilitation tools.
■ Workshop accessories and facilitation materials.
■ Videos, web services, opinion surveys.
The following expenses are included in the hourly billing rates and are not billed separately:
■ General in-house black and white printing/copying of 11 "x 17" or smaller, except as noted above.
■ Telephone and fax usage, unless stipulated otherwise by Agreement.
4.2 Compensation for Reimbursable Project Expenses shall not exceed Three Thousand One Dollars ($3,100.00)
without approval of the CITY.
4.3 The CITY and the CONSULTANT agree that the rates for Additional Services and Reimbursable Expenses,
including subconsultant and Reimbursable Expenses markup, shall be reviewed and adjusted annually for future
project phases.
SCHEDULE
1.0 PROJECT SCHEDULE
1.1 The CONSULTANT shall perform the services described in project phases so as to complete each
milestone within the time duration specified. The time to complete each phase may be increased or
decreased by mutual written agreement of the CONSULTANT and the City of San Rafael. The
CONSULTANT shall not be held responsible for delays beyond their reasonable control.
Task Nos. TASK DATE OR TASK DURATION
NOTICE TO PROCEED (NTP)
Task 1 Project Initiation 1 month from NTP, Month 1
Task Needs Assessment- Community, 3 months (concurrent with Task 1),
Library Services and Facilities Month 1- 3
Task Library Services and 3 months, (1 month concurrent with
System/Facilities Plan Task 2), Month 3-5
Task 4 Final Report 1 month, Month 6
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered as of the ITa , , day of 4:raou6 , 2015, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and GROUP 4 ARCHITECTURE,
RESEARCI~I, + PLANNING, INC., a corporation authorized to do business in California
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, CITY operates the San Rafael Public Library ("LIBRARY"). and
WHEREAS, CITY has a need for professional consulting services in connection with
conducting a library assessment and system analysis; and
WHEREAS, CONTRACTOR has the expertise required to provide such consulting
services and is willing to do so on the terns and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Library Director 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. DAWN MERKES 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 following services, as more
particularly set forth in Exhibit "A" attached hereto and incorporated herein by reference:
• Project Initiation (deliverables: project schedule, directory, work plan, outreach strategy,
meeting schedule)
• Assessments (deliverables: meeting agendas, exhibits, and summary minutes of each input
session, Community Assessment Summary, Library Services Assessment Summary,
Existing Facilities Assessment Summary)
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• Library Services and System, Facilities Analysis (deliverables: meeting agendas, exhibits,
and summary minutes, Library Services Analysis, proposed Service Level
Recommendations, Summary, site opportunities and constraints analysis, site evaluation
criteria and analysis (for- existing Downtown Library site + up to 3 additional sites), Library
System/Facility Analysis Summary
• Summary Report (deliverables: meeting agendas and exhibits, Draft Final Report, Final
Report, Summary Presentation)
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, shall provide
CONTRACTOR with access to the LIBRARY website, and shall provide the information and
services detailed in Section 2.3 of Exhibit "A" or otherwise cooperate as necessary for the
performance of CONTRACTOR's services hereunder.
4. COMPENSATION.
For the full perfonnance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR $46,520 plus up to $3,100 in reimbursable allowance, as set forth in Exhibit
"B" attached hereto and incorporated herein, payable upon receipt of an invoice therefore submitted
by CONTRACTOR on a monthly basis when services are provided. The total compensation,
including reimbursements, shall not exceed $49,620.
5. TERM OF AGREEMENT.
The tern of this Agreement shall continence on the date of this Agreement and shall end on
June 15, 2016 or the conclusion of the project, whichever comes first. The project schedule shall be
as set forth in Exhibit "C" attached hereto and incorporated herein by reference.
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 tennination, 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
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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.
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 occurrenceitwo 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 two million dollars ($2,000,000) per claim, two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's negligent acts, errors or omissions connected with
the perfonnance 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 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
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against all liability for injuries to CONTRACTOR's officers and employees. 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 and workers" compensation 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 general and
automobile liability 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 01 04 13.
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. The insurance policies shall be endorsed to provide that the insurance carrier
shall not cancel, terminate or otherwise modify the terns and conditions of said insurance policies
except upon ten (10) days written notice to the PROJECT MANAGER.
5. If the insurance is written on a Claims Made Fonn, then, following
tennination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. The professional liability 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.
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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 policv language or 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. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the
fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and
hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), fi-om and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's
obligations apply regardless of whether or not a liability is caused or contributed to by the active
or passive negligence of the City Indemnitees. However, to the extent that liability is caused by
the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from CONTRACTOR'S performance of or operations under this
Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S
option reimburse the City Indemnitees their costs of defense, including reasonable attorneys'
fees, incurred in defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that tern 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 perfonnance 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.
C. 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 exercise due professional care to 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 exercise due professional care
to 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 fiorn 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.
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: San Rafael Public Library
Attn: Sarah Houghton, Project Manager
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
19
TO CONTRACTOR: Group 4
Attn: Dawn Merkes
211 Linden Avenue
South San Francisco, 94080
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 terns 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 terns 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 terns and conditions of this Agreement, and the
terns and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terns and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct fi-om 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. WAIVERS.
The waiver by either party of any breach or violation of any tern, covenant or condition of
7
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other tern, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other tens, 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 tens, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
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.
IN WITNESS WHEREOF, the parries have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
y (,&R &q W djj-
NANCY MAC14LE, City Manager
ATTEST:
S
...........
........._
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, ityv Att ' ey
9
CONTRACTOR
By:
Title: Pp—/ /`% C/ PO. L
SCOPE OF SERVICES
THE PROJECT
1.0 The Project consists of preparing a Plan for the San Rafael Library that will include the following
Task:
■ Project Initiation
■ Needs Assessment- Community, Library Services and Facilities
■ Library Services and Systenn/Facilities Plan
■ Final Report
The study will build on and leverage the work that the Library and the City has been working on
for the Library, including recent community survey that was completed, the Strategic Plamiing
work, and the Visioning workshop completed in March. The services include that of an Architect
and a Library Consultant.
II SCOPE OF BASIC SERVICES
2.0 General
2.1 The intent of the Consultant's Basic Services is to consist of developing a clear plan for the
future of the San Rafael Library. The Consultant shall provide an excellent launching pad for
the community to move forward in the next phase of the project. The Assessment phase
includes developing summary assessments for the community needs, library services, and the
library facility. The Plan phase includes developing a plan for future library services, the
library system, and library facilities.
22 In selecting the Consultant, the Client recognizes that the Consultant has the qualifications to
provide full plaiming, architecture, and interior design services including conceptual design,
schematic design, design development, construction documents, bidding, construction
administration, and post -construction phase services. The Client, at its discretion, may choose
to amend this contract to add services to the Consultant's Scope of Services for Additional
Compensation if mutually agreed to by the Client and Consultant.
2.3 The Client shall provide the following for the Project as needed:
2.3.1 A Client representative who can render decisions on behalf of the Project in a timely
manner.
2.3.2 Scheduling and invitations for public meetings.
2.3.3 Information about previous analysis, polls, studies and information relevant to
developing the planning work.
2.3.4 Services of other specialized consultants if needed for the Project.
2.3.5 Any other information not included in Consultant's Basic Services or Additional
Services that is reasonably needed for the Project.
3.0 Consultant's Basic Services: Basic Services includes the services described in this Section 3.0
including subsections and subparagraphs.
3.1 Task 1 Initiation - The Consultant shall establish a project work plan and public outreach plan
that will build on the work already completed by the Library and layout the plan to accomplish
goals set forth for the Needs Assessment and Building Program Study. The planning team
will work closely with the Library's project manager and designated members of the PMT to
develop project controls and communication tools. The project work plan will be goal
oriented; the scheduled project meetings will have detailed agendas and objectives with
logistics established early on. The draft work plan and community outreach plan will be
refined to integrate review comments and to align with other key dates or initiatives that are
currently in progress. The Consultant shall review City provided needs assessment
information (survey results, Strategic Plan, Visioning Workshop content), develop exhibit
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backgrounds, and coordinate the work plan and participation plan with the library. The
Consultant shall establish project and process goals for the study at the first PMT meeting.
Meetings: Project Management Team (PMT) Meeting #1.
Deliverables: Project Schedule, Directory, Work Plan, Outreach Strategy, and Meeting
Schedule, PMT #1 Meeting Notes..
3.2 Task 2 — Assessments - The Consultant shall assess and complete concurrently Community,
Library Service and Existing Library.
3.2.1 Task 2A: Community Summary Assessment: The Consultant shall review current and
projected demographic and population projections for the City of San Rafael and
confirm the projected Library service population with the City. The Consultant shall
revieNN and include reference to the City's 2020 General Plan for establishing the
community projections for library services. The Consultant shall conduct one day of
interviews with staff, and selected stakeholders (approximately 8 hours) to be
developed and understanding and analysis of the current community needs and the
projected community needs. The Consultant shall work with the Library to identify
appropriate "peer" communities in California and compare current and plamied library
service levels and space planning targets.
3.2.2 Task 2B — Library Services Summary Assessment: The Consultant shall focus this
assessment in three areas: customer experience, customer -staff service model, and
technical operations. hi this task, The Consultant shall develop a snapshot of the
current Main Library facility looking at how well it delivers service and its capacity to
continue serving the conumunity. The Consultant shall review and summarize currently
offered programs, services, technology, and collections and the community's use
thereof, the Library's current strategic/service plans, and any other relevant
information. The Consultant shall tour both existing facilities with staff to identify
space -related service issues, conduct both staff interviews and technical meetings to
develop an understanding of current operations as well as planned or desirable service
delivery innovations and discuss the Library's service and space needs in the context of
current best planning practice. The Consultant shall assess the Library's various usage
and collection statistics in relation to the programs and services review. The Consultant
shall capture what the service successes and challenges are for the current San Rafael
Library. The Consultant shall also reference the recent customer service survey to help
develop a comprehensive summary of the current level of library service that is
provided at the library.
3.2.3 Task 2C Existing Library Assessment Summary: The tour of the Main Library shall
also enable the Consultant to observe general conditions as well as functional issues
related to library service delivery as well as technical needs. The technical summary
will include a general assessment of the structural system, HVAC systems, ADA
compliance, and code updates. The Consultant shall conduct a technical meeting with
the City's facility staff to review and confirm our findings. The Consultant shall also
assess how well this existing facility can be adapted to deliver 21 st century service and
will prepare a statement of strategic -level space deficiencies.
Meetings: PMT Meetings #2 Library and Facilities Technical Meetings; Council
Sub-Conmittee,'Foundation Study Session #1.
Deliverables: Meeting Agendas, exhibits, and Summary Minutes of each input session,
Community Assessment Summary, Library Services Assessment
Summary, and Existing Facilities Assessment Summary..
Page 2 of 4
3.3 Task 3 Library Services and System/Facilities Plan -The Consultant shall develop the
library Plan for services and the System Plan for facilities.
3.3.1 Task 3A Library Service Plan:
3.3.1.1 Input from Library and City Staff
3.3.1.2 Analysis of emerging library needs
3.3.1.3 Identification of San Rafael's Market focus and opportunities
3.3.1.4 A summary of San Rafael Library's core services.
The Consultant shall prepare a statement of strategic -level space needs, opportunities,
and planning targets both systems wide and for two system options: a two branch
system, and a three branch system. Based on the results of the recently completed
community survey and needs assessment, the Consultant shall develop a set of service
level space needs recommendations, including shelving and seating capacities, space
for public technology, programming spaces, and overall building size. The
recommendations will address space needs for the entire system and for each facility.
The Consultant shall develop space need options for both a two facility and three
facility library systems.
3.3.2 Task 3B System"Facilities Plan: The Consultant shall develop recommendations for
optimizing San Rafael's Library system (facilities) relative to community access,
service delivery, and operations, including:
3.3.2.1 Systemwide and community -level service and space needs.
3.3.2.2 Geographic distribution of library service.
3.3.2.3 General facility size and parking guidelines for library service delivery
3.3.2.4 Operational and capital cost models.
As part of the system analysis, the Consultant shall develop alternative system
scenarios that will include both the existing Main Library site as well as sites identified
in collaboration with the Library and the City staff. The Consultant shall develop
Library site feasibility criteria to use as a guide to assist in alternative site identification
and analysis. The Consultant shall conduct a Technical Meeting with the City's
Planning Department to understand the City's overall development goals; confirm
zoning and other considerations related to the existing site and potential sites to be
evaluated as potential for a new library. The Consultant shall identify up to three (3)
additional sites that may be appropriate for evaluation in this study.
The Consultant shall prepare an analysis of opportunities and constraints for the
proposed system scenarios and potential sites which will include:
3.3.2.5 Service and space needs
3.3.2.6 Geographical distribution and access
3.3.2.7 Operational and capital costs
The Consultant shall prepare the Conununity Kiosks to have the community review and
confirm the study assessments and to provide input into the library and system plan.
The same content of the kiosks will be available to the community in an on-line survey.
The community, library and facility assessments, along with the library plan and
system scenarios will be compiled and to allow for a comprehensive analysis of the
benefits and challenges of each of the proposed system scenarios and potential library
sites. The Consultant shall conduct a study session with the Council Sub -
Committee Library Foundation and City staff to review the options and to provide
input and analysis into developing the preferred alterative. The preferred system
alternative will be refined and updated based on the on the feedback and input from the
study session.
Page 3 of 4
Meetings: PMT Meetings #3 and #4; 2 -Community Kiosks and the "DIY" Kiosks;
Council Sub -Committee' Library Foundation Study Session #2
Deliverables: Meeting Agendas, exhibits, and Summary Minutes; Library Service Plan;
proposed Service Level Recommendations; Summary; Site Opportunities
and Constraints Analysis; Site evaluation criteria and Analysis O(for up
to 3 additional sites); and Library System"Facility Plan Summary.
3.4 Task 4 Summary Report - The Consultant shall prepare a draft summary report for review by
the PMT and presentation to the Council Sub-committee'Library Foundation at our 3rd
meeting with them. The report will include a summary of the work completed in this study.
The Consultant shall distribute the draft report for the Library's reviexN and comment and
incorporate their continents into a final report.
Meetings: PMT Meetings #5; Council Sub -Committee' Library Foundation Study
Session #3.
Deliverables: Meeting Agendas, Exhibits, Draft Final Report; Final Report and
Summary Presentation.
111412 HOURW%1 MItIVL 0-061
4.0 The following services are not included in the Consultant's Scope of Basic Services and shall be
provided if requested by the Client. The Consultant shall be compensated for Additional Services in
addition to compensation for Basic Services and Reimbursable Expenses.
4.1 Additional meetings beyond those identified in Exhibit A, Section II.
4.2 Engineering and specialist consultants
4.3 Environmental studies
4.4 Traffic engineering
4.5 The services of consultants other than those included in the Basic Services.
4.6 EIR services
4.7 Cost estimates
4.8 Scale models
4.9 Computer animation.
4.10 Preparation and conducting focus groups and follow up
4.11 Making revisions to drawings, designs, or other documents when such revisions are
inconsistent with approvals or directions previously given by the Client, made necessary by
determination by the Client or its other consultants, or made necessary by the Client's failure
to render decisions in a timely manner.
4.12 Any other service not included in Basic Services.
EXHIBIT B
COMPENSATION
1.1 For the Basic Services described in Exhibit A, Task 1 through Task 4, the City of San Rafael shall pay
the CONSULTANT a total fee in the amount not to exceed Forty Six Thousand Five Hundred Twenty
Dollars ($46,520.00) plus a maximum of allowance of Three Thousand 100 Dollars ($3,100) of
reimbursable allowance.
1.1.1 For the Basic Services described in Exhibit A, Task 1-4, article 3.1-3.4 the CONSULTANT
shall invoice for these services monthly for the percent complete of each task:
Task 1: Project Initiation
$ 3,460.00
Task 2: Needs Assessment,
Community, Library Services and Facilities
$13,670.00
Task 3: Library Services and System' Facilities Plan
$24,840.00
Task 4: Final Report
$ 4.,550.00
Total Fixed Fee Services
$46,520.00
Reimbursable (Allowance)
$ 3,100.00
2.0 COMPENSATION FOR REIMBURSABLE EXPENSES (See Allowance included under 1.1.1
above)
2.1 Reimbursable Expenses (Allowance) are in addition to compensation for Basic Services in Exhibit A and include
expenses incurred by the CONSULTANT and subconsultants in the interest of the project, as identified in the
following clauses.
Reimbursable expenses related to the project, whether for CONSULTANT, subconsultant, or CITY
use, are billable at 1.15 times direct cost or at the rates indicated below. Such costs include, but are not
necessarily limited to:
■ CAD plotting of check sets and presentation drawings larger than 1 1 "x 17" foot.
■ Outside service printing copying of drawings and documents of any size.
■ In-house black and white printing copying of drawings larger than 11 "x 17".
■ In-house black and white printingcopying for draft and final reports and specifications.
■ hi -house color and grayscale printing and photocopying up to 1 1 "x 17" for in-house, consultant or
client use.
■ Software purchase and licensure on behalf of the client with prior client approval.
■ Postage, delivery and messenger service.
■ Photographic and digital imaging, including color and gray scale copies of any size.
■ Outside telephone conferencing services.
■ Overtime expenses with prior client approval.
■ Architectural renderings, physical and digital scale models and animations.
■ Travel expenses such as mileage, bridge tolls, and meals.
■ Subconsultant costs.
■ Presentation boards.
■ Facilitation tools.
■ Workshop accessories and facilitation materials.
■ Videos, web services, opinion surveys.
The following expenses are included in the hourly billing rates and are not billed separately:
■ General in-house black and white printing copying of 11 "x 17" or smaller, except as noted above.
4 ? Compensation for Reimbursable Project Expenses shall not exceed Three Thousand One Dollars ($3,100.00)
u ithout appro\ al of the CITY.
.4.3 The CITY and the CONSULTANT agree that the rates for Additional Services and Reimbursable Expenses,
including subconsultant and Reimbursable Expenses markup, shall be revie®ved and adjusted annually for future
project phases.
EXHIBIT C
SCHEDULE
1.0 PROJECT SCHEDULE
1.1 The CONSULTANT shall perform the services described in project phases so as to complete each
milestone within the time duration specified. The time to complete each phase may be increased or
decreased by mutual written agreement of the CONSULTANT and the City of San Rafael. The
CONSULTANT shall not be held responsible for delays beyond their reasonable control.
Task Nos. TASK DATE, OR TASK DURATION
NOTICE TO PROCEED (NTP)
Task l Project Initiation 1 month from NTP, Month 1
Task 2 Needs Assessment- Community, 3 months (concurrent with Task 1),
Library Services and Facilities Month 1- 3
Task 3 Library Services and 3 months, (1 month concurrent with
System/Facilities Plan Task 2), Month 3-5
Task 4 Final Report 1 month, Month 6