HomeMy WebLinkAboutCC Resolution 11184 (Fire Department Dispatch Center)RESOLUTION NO. 11184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
SIGN A PROFESSIONAL SERVICES AGREEMENT WITH
HANNUM ASSOCIATES FOR THE PREPARATION OF PLANS
AND SPECIFICATIONS FOR THE CONSTRUCTION OF AN
EMERGENCY DISPATCH CENTER FOR THE FIRE
DEPARTMENT
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, The present dispatch center in the Fire Department is
inadequate to accommodate the MERA radio system equipment necessary to preserve
public safety; and
WHEREAS, a building located adjacent to Fire Station One is available
for reconstruction to accommodate the new equipment; and
WHEREAS, design services are required to prepare plans and
specifications for the construction of the new dispatch center; and
WHEREAS, the firm of Hannum Associates has submitted a proposal for
the preparation of plans and specifications including structural, electrical and HVAC
consultants in the amount of $48, 500.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that the Public Works Director is hereby authorized to sign a professional
services agreement with Hannum Associates for the preparation of plans and
specifications for the construction of an emergency dispatch center in the amount of
$48,500.
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 Council of
said City on the 7`" day of October, 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miller
JE M. LEONCINI, City Clerk
File No.: 06.01.156
TO PREPARE PLANS, SPECIFICATIONS AND CONSTRUCTION
MANAGEMENT SERVICES FOR THE CONSTRUCTION OF
INTERIOR IMPROVEMENTS TO 1033 C STREET TO
ACCOMMODATE THE CONSTRUCTION OF AN EMERGENCY
FIRE DEPARTMENT DISPATCH CENTER AND OFFICES FOR
PARKING MANAGEMENT SERVICES
This Agreement is made and entered into this 7th day of October, 2002, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and HANNUM ASSOCIATES (hereinafter
"CONTRACTOR").
WHEREAS, CITY is required to modify the emergency dispatch center in Fire Station One to
accommodate the MERA radio system equipment; and,
WHEREAS, CITY has located an appropriate facility to accommodate the new equipment and to
provide office space for the Parking Services Division of the Management Services Department; and,
WHEREAS, CONTRACTOR is an architectural firm specializing in corporate interior design,
and has the experience, skill, training and expertise to design and provide technical drawings for said
project, is a duly licensed architectural firm; and
WHEREAS, CITY desires to retain CONTRACTOR to provide technical design services,
including architectural, structural, electrical and HVAC, and to produce plans and specifications for the
project.
NOW, THEREFORE, the parties hereby agree as follows:
A. CITY. The CITY Manager shall be the representative of the CITY for all purposes under
this Agreement. 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. CONTRACTOR shall assign a single PROJECT DIRECTOR to have
overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Janine Moss
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.
CONTRACTOR shall perform the duties and/or provide services as described in the proposal
dated October 2, 2002 designated as Project No. HA#002033/0.05 attached as Exhibit "A" and incorporated
herein. The duties described shall include architectural, structural, electrical and HVAC design services, and
construction administration. All sub consultants shall be the responsibility of the CONTRACTOR and no
additional compensation will be paid for these services above that contained in Exhibit A.
MEMEMPT 01 • Mr
CITY shall compensate CONTRACTOR as per section 4 herein.
• WIRIEVOMM
For the full performance of the services described herein by CONTRACTOR, CITY shall pay
CONTRACTOR as described in Exhibit "A", attached hereto and incorporated herein, not to exceed
$47,750. Payment will be made monthly, upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR.
5. TF.R M OF AGREE
The term of this Agreement shall be from the date of the execution of this Agreement until
completion of CONTRACTOR's performance hereunder or April 15, 2003, whichever occurs first.
lull► -0►
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.
CITY shall compensate CONTRACTOR for any all work done up until the receipt of the notice of
termination.
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.
The written documents and materials prepared by the CONTRACTOR in connection with the
performance of its duties under this Agreement, shall be the property of CITY. CITY may use said
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property for any purpose, including projects not contemplated by this Agreement. Any unauthorized use of
the documents shall be at CITY's sole risk and without liability to the CONTRACTOR.
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.
' N 0 0 0 FW W Ud►:il N it
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.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to
CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount of one
million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy
in the minimum amount of one million ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be performed
under this Agreement, a professional liability insurance policy in the minimum amount of five hundred
thousand ($500,000) dollars per claim/one million ($1,000,000) dollars aggregate, to cover any claims
arising out of the CONTRACTOR's performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet
the following requirements:
1. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution.
2. Except for professional liability insurance, the insurance policies shall be endorsed
for contractual liability and personal injury.
3. 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.
4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY,
its officers, agents, employees, and volunteers, as additional named insureds under the policies.
5. The insurance policies shall provide that the insurance carrier shall not cancel, said
insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER;
CONTRACTOR shall provide thirty (30) days written notice to CITY's PROJECT MANAGER of any
other modifications of the terns and conditions of said insurance policies.
6. If the insurance is written on a Claims Made Form, then, following termination of
this Agreement, said insurance coverage shall survive for a period of not less than five years, providing such
insurance is reasonably available.
7. The insurance policies shall provide for a retroactive date of placement coinciding
with the effective date of this Agreement.
8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the CITY Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation and
employer's liability insurance, as required by the State Labor Code and other applicable laws and
regulations, and as necessary to protect both CONTRACTOR and CM against all liability for injuries to
CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies shall
not exceed $15,000.
11. MEMNMC'.ATiC)N,
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents,
employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind,
including attorney's fees and administrative costs to the extent caused, arising out of or resulting in any way,
in whole or in part, from any negligent acts or omissions of CONTRACTOR or CONTRACTOR's
officers, agents and employees in the performance of their duties and obligations under this Agreement.
►• ►11 : lLVA ll► • • ►
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.
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 exercise due professional care to perfonn all services under this Agreement in
accordance with these laws, ordinances, codes and regulations controlling or regulating the work performed
by CONTRACTOR under this Agreement.
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I pflexry I H 1i Z.1 1.4 WAH 001 s:I
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, certified mail, 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: Mr. David M. Bernardi
(Project Manager)
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 944915-1560
TO CONTRACTOR: Ms. Janine Moss
(Project Director)
Hannum Associates
222 Sutter Street #400
San Francisco, CA 94108
(415-646-0100)
1['�1�1.7:i�D1►1• ►II • ►1111:: • C
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.
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.
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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 tenns 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.
is •a9EXCE-11 1► FS
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. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of this
Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term,
covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or
other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of
any fee, performance, or other consideration which may become due or owing under this Agreement, shall
not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition,
covenant of this Agreement or any applicable law, ordinance or regulation.
Any claim, breach or any other dispute between the parties to this Agreement may be decided by
mediation under the auspices or a recognized, neutral third -party professional mediation service, or other
mediation method agreeable to the parties, prior to initiation of any other dispute resolution action. The cost
of the mediation service shall be borne by CONTRACTOR. A demand for mediation shall be made within
a reasonable time, not to exceed thirty (30) days, after the claim, breach or other dispute has arisen.
MMEWO-M M.111►IDIVA r Kel 1.4 01
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.
►.G 0 WaHIM 10 ► M0191 1.1 D18.0 VAN
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all
state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is
`�4 - oQ qR U8(y/and CONTRACTOR certifies under penalty of perjury that said taxpayer
identification number is correct.
The laws of the State of California shall govern this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and
year first above written.
CITY OF SAN RAFAEL
iL
David M. Bernardi
Director of Public Works
ATTEST:
JE LM. LEONCINI. City Clerk
T. RAC)PIJ(ANTI, Cit/Attorney
HANNUM ASSOCIATES
By:
Name: ► , r105s
Name -
1 fe'(
' II M
2 October 2002
Mr. Dave Bernardi
Public Works Department
City of San Rafael
1400 Fifth Avenue
San Rafael, California 94901
Re: City of San Rafael Emergency Dispatch Center
Project No.: HA #002033/0.05
Via: 415.485.3334 (hard copy to follow via: Hand Delivery)
Pages: 16
Dear Dave:
Per your request, both Weir/Andrewson Associates, Inc. and C&B Consulting Engineers will contract directly to
Hannum Associates as consultants. Please find following both engineers' revised proposals dated 10.02.02 made
directly to Hannum Associates. Fees as previously listed in our spreadsheet dated September 17, 2002 will remain the
same; we have updated this spreadsheet to include estimates for reimbursable expenses.
We have included a Preliminary Schedule dated 10.02.02 for your review based on move information from
Redevelopment for the Print Shop. We understand that Dick is obligated to move no later than December 20, 2002.
We have based our schedule on this for discussion. Please call with any questions.
Sincerely,
/
Janine Moss
Director
c: Bob Marcucci (via: 415.453.1627; hard copy to follow via: Hand Delivery)
Richard Hannum, Sharon Morris (HA)
F\002033100010051100202 005.pro.doc
Created on 1022002 2:25 PM
H A N N U M A 5 S O C A T E S / A R C H I T E C T U R E / C O R P O R A T E I N T E R I O R D E S I G N
222 SUTTER STREET. SUITE 400, SAN FRANCISCO. CA 94108 / TEL. 415.646.0100 FAX 415.648 n1 I i
WEfR/ANUREWSON A550CtATES,INC
L N G, N t k k s a A! C N. T t C T S
PROPOSAL FOR STRUCTURAL ENGINEERING SERVICES
Date: October 2, 2002
Thir agreement it made helweeiv
The Archiled,,-
Hannum Associates
222 Sutter St., Suite 400
San Francisco CA 94108
Attn: Ms. Janine Moss
Forlhef llorvingproject.
San Rafael Fire Station Annex
Project #: 02156.00
Project Description
And flructural Engineering Cmmllant-
Weir/Andrewson Associates, Inc.
990 A Street Suite K
San Rafael, CA 94901
The proposed project is remodel of a portion of an existing one-story building into a fire dispatch center. The
existing structure is an existing wood frame building with concrete exterior walls. The portion of the building to
be remodeled will be used for office space in the storefront area and as an essential facility in the existing rear
storage area. The existing storage area is enclosed by concrete and CMU walls and is assumed to be supported
on shallow, continuous spread footings.
The extent and configuration of the upcoming remodel is indicated in a single 1/8" scale preliminary plan dated
7/8/02, produced by the Architect. The scope of work indicated in that drawing, in addition to a conversation
with the Architect, are the primary references used to develop the terms of this proposal.
Weir/ Andrewson Associates, Inc. (W/A) will provide the structural engineering services required for the project.
Services will include design, production of Construction Documents, and Construction Phase services.
2 Scope of Services:
This proposal includes the following Scope of Services:
2.1 Review of any existing documents of the subject building.
2.2 Field reconnaissance of the building for the purpose of identifying existing conditions. W/A
will perform an initial site visit to review the existing condition and configuration of the
structural elements of the building. The initial site visit will not include building or site
measurements, which have already been taken by others. W/A assumes copies of the existing
building information will be available for use prior to the site visit. Site observations will not
include any excavation or destructive testing. Field observations will be confined to those
portions of the building affected by the anticipated remodel.
2.3 Coordination of testing procedures to determine reinforcement in concrete and CMU walls and
to determine footing configuration. W/A will help select a qualified testing laboratory and/or
contractor, to be retained by the owner, who will perform the tests.
9110 A ' 1, S.— K
1— R..—, CA 94701
r I t f • 1! 9 s. 0
Hannum Associates
October 2, 2002
Page 2 of 4
2.4 Preparation of a conceptual scheme for strengthening the building. The scheme will be
presented in schematic plans and accompanying written description of elements. The
conceptual design will be restricted to the following:
2.4.1 Store front area adjacent to C Street. Work in this area is limited to the enlargement
of one door and the installation of another door.
2.4.2 Rear existing storage area. Work in this area will be as required to provide an essential
facility as defined by the current Uniform Building Code. It may be that separation of
this area from the surrounding building will be required to accomplish this task.
2.5 Preparation of structural floor and roof plans, details and General Structural Notes for
incorporation into the Construction Documents. Upon approval of the conceptual scheme for
building improvements, W/A will provide structural foundation and roof framing plans. Plans
will be drawn on, or overlaid on, reproducible 1/4" scale architectural floor and/or roof plans
provided by the Architect. It is assumed that the plans provided by the Architect will be in a
format compatible with the AutoCAD drafting program.
2.6 Preparation of structural calculations, stamped and signed for submittal to the local building
department. Calculations will be based on the provisions of the Uniform Building Code.
2.7 Coordination of the structural aspects of the project with the Architect and other professionals
on the project. Two meetings at the Architect's office are anticipated during the Construction
Documents phase to accomplish this task, in addition to telephone, fax and e-mail
communication.
2.8 Services during the Construction Phase. W/A will provide the following Additional Services
during the Construction phase of the project, as requested by the Owner or Architect:
2.8.1 Visit the site during construction, document observations and prepare brief reports.
Two site visits during construction are anticipated.
2.8.2 Provide clarification of construction documents to the contractor.
2.8.3 Revise drawings or prepare additional drawings if required as result of design changes
or discovered conditions.
2.8.4 Review complete structural submittals for conformance with the design intent.
2.8.5 Attend periodic construction meetings.
Fees for this phase of the project will be provided on an Hourly Time and Expense basis, as discussed below.
Hannum Associates
October 2, 2002
Page 3 of 4
3 Excluded Work:
No services beyond those mentioned above are included in this proposal. For purposes of clarification, the
following items are listed explicitly and are not included in the Scope of Services:
3.1 Construction cost estimates.
3.2 Strengthening of the CMU walls. It is assumed adequate reinforcement and grouting was
constructed in the existing CMU walls.
3.3 Value engineering. Some discussion and schematic development of various structural design
schemes are included as part of this scope of services, however, studies or design development
of alternate design schemes to evaluate effects on construction costs are not included in this
proposal.
3.4 Redesign of structural systems or development of alternate structural systems, after the basic
system has been accepted by the Owner or Architect.
3.5 Additional site visits and meetings outside W/A's office.
3.6 Re -review of submittals during the Construction Phase,
3.7 Field Observation Visits to re -observe work previously observed.
3.8 Temporary shoring.
3.9 Geotechnical Engineering Services. This proposal assumes Geotechnical services will be
provided by others.
4 Compensation:
Compensation for the above Scope of Services will be billed on an Hourly Time and Expense basis, paid in
accordance with the enclosed Standard Conditions of Service. Professional Hourly Rates are indicated in the
attached fee schedule. For budgeting purposes, the estimated fee for the above Scope of Services is:
4.1 Evaluation and Conceptual Design (items 2.1 through 2.4) Phase: $8,000
4.2 Construction Documents Phase: $4,500
4.3 Construction Administration Phase: $2,000
Reimbursable Expenses for the above Scope of Services will be limited to a maximum of $250. Services beyond
the above Scope of Services will also be performed, as agreed in advance, on an Hourly Time and Expense basis
as indicated in the Standard Conditions of Service. Fees for strengthening the existing CMU walls, if required,
are estimated to be $2,500.
Hannum .-Associates
October 2, 2002
Page 4 of 4
The terms of this proposal are valid for a period of 60 days from the date of preparation. Receipt of a signed
copy of this proposal will be considered Authorization to Proceed.
Submitted by:
Roy Andrewson S.E.
Principal
U4Is) b N11"i
Enclosure: Standard Conditions of Service, Fee Schedule
RHA/es
TASan Rafael Fire Station Annex_ 02156MP_HannutwFme Station Annex.doc
Date
WEIR/ANUREWSON ASSOCIATES, INC
i N a 1 N f 11 11 f 6 A► C N! i If C T f
DESIGN SERVICES FEE SCHEDULE
Principals $145 per hour
Project Engineer/Architect $105-$135 per hour
Staff Engineer/Architect $95-$105 per hour
Technical Staff/CADD Drafter $60-$80 per hour
Direct expenses are billed at actual cost plus 10%. These expenses include such items as postage,
reproduction, photographic film and processing, special materials or equipment, and the cost of
outside consultants.
T%SAN RAFAEL FIRE STATION ANNEX\OSGN FEESMOC
VOO A S, . 5— , K
564 ■w, w1 �1'CA YA.O 1
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WEIR/ANDREWSON ASSOCIATES, INC.
STANDARD CONDITIONS OF SERVICE
1. Project Information
Project Tide: San Rafael Fire Station Annex
Project Number: 02156.00
Date Sent: October 2, 2002
Addressed to Client: Hannum Associates, 222 Sutter Street, #400 San Francisco CA 94108
2. Acceptance: By accepting a copy of these Standard Conditions
and pursuing a business relationship with Weir/Andrewson Associates
(W/A) the Client implicitly accepts these Standard Conditions and
agrees to be bound by their provisions.
3. Scope of Services: Scope of Services is defined by
[ I Cover letter from W/A
[X] Supplementary written Agreement
[ I Other
4. Standard of Cue: Services are provided with a standard of care
in accordance with presently accepted professional practices in the
architecture and engineering professions. No warranty, either
expressed or implied, is granted as a part of the performance of these
services.
5. Compensation
5.1 Invoices: Monthly billing period terminates with the
last day of the month. Invoices are prepared at the end of each billing
period for services performed during the period and are usually mailed
during the second week of the following billing period.
5.2 Payment Due: Payment is due when the invoice is
received by the client. Invoices are past due on the 151i day of the
month following receipt For example, an invoice received in July for
services in June will be considered past due after August 151i.
A past due payment penalty equal to 1.5 percent of the outstanding
balance will be added to all past due accounts at the end of each billing
period. W/A may suspend work without penalty when any
compensation payment becomes past due.
5.3 Expenses: Reimbursable expenses are in addition to
hourly fees and include such items as postage, reproduction,
photographic film and processing, contract typing of specifications,
special materials or equipment, travel expenses and mileage. Direct
expenses are billed at actual cost plus 10%. Travel time is billed at our
hourly rate.
5.4 Consultants: The cost of outside consultants will be
invoiced with a markup of 10 percent to cover administrative costs
and overhead items.
5.5 Premium Rates: Work performed outside of regular
work hours (9:00 a.m. to 5:00 p.m., Mon. through Fri.) at the request
of the client will be charged at a premium rate of 1.5 times the
customary rate.
6. Termination: This Agreement may be terminated by either party
upon receipt of seven days' written notice. In the event of
termination, W/A shall be paid compensation for services performed
to termination date, including reimbursable expenses. In the event
compensation due W/A is over 30 days overdue, W/A has the right to
suspend or terminate services without prior written notice.
7. Successors and Assignments: The Client and the W/A each
binds himself, his partners, successors, legal representatives, and
assigns to the other party to the Agreement, and to the partneri,
successors, legal representatives and assigns of such party in respect of
all covenants of this Agreement. Neither the Client nor W/A shall
assign or transfer his interest in this Agreement without the written
consent of the other.
S. Enforcement: Failure of W/A or Client to act to enforce any of
the provisions of this Agreement at any time shall not act as a waiver
nor limit the right of W/A or Client to act to enforce those
provisions at any other time.
9. Attorney's Fees and Other Costs of Litigation: If any action at
law or in equity, including action for declaratory relief and arbitration,
is brought to enforce, interpret, rescind or reform this Agreement, the
prevailing party shall be entitled to actual costs incurred, up to a
reasonable amount, in prosecuting or defending the action, including,
but not limited to, attorney's fees, consultant fees or witness fees,
which latter fees shall include payment to reimburse the party and/or
its employees for time spent in preparation for and participation in
defending or prosecuting any said action which shall be governed by
the laws of the State of California and shall take place in the State of
California.
10. Ownership of Documents: W/A is providing a service, not a
product. All calculations, drawings and other Documents are
Instruments of Service, and remain the property of W/A. Documents
are provided to Client for use on this project only and may not be
reused on other projects without written permission of W/A.
11. Time Period: If the services covered by this Agreement have
not been completed within one year of the date hereof, through no
fault of W/A, the amounts of compensation, rates and multiples set
forth herein shall be equitably adjusted.
12. Cost Estimates: Any construction cost estimates prepared by
W/A represent a best judgment as a design professional familiar with
the construction industry. Sources of information for estimates may
include data derived from construction contractors, material suppliers,
publications, and our own experience and records of other projects.
Until bid documents are completed, estimates are based only on
preliminary or partially developed design concepts. It is recognized
furthermore that neither W/A nor the client has control over the cost
of labor, materials, or equipment, over a bidders method of
determining bid prices, over competitive bidding, market, or
negotiating conditions. accordingly, W/A cannot and does not
warrant or represent that bids or negotiated prices will not vary from
the project budget, if any, provided by the client, or from any cost
estimate or evaluation prepared by W/A.
13. Construction Administration and Hold Harmless: Ifdmcted
to do so by the client, W/A shall provide construction administration
services to be compensated on an hourly basis. These services
include:
13.1 W/A shall visit the site at intervals appropriate to the
stage of construction or as otherwise agreed by W/A in writing to
become generally familiar with the progress and quality of the Work
and to determine in general if the Work is proceeding in accordance
with the Contract Documents. However, W/A shall not be required
to make exhaustive or continuous on-site inspections to check the
quality or quantity of the Work. On the basis of such on-site
observations as an engineer, W/A shall keep the Client informed of
the progress and quality of the Work, and shall endeavor to guard the
Client against defects and deficiencies in the Work of the Contractor.
13.2 W/A shall review and approve or take other
appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for conformance with
the design concept of the Work and with the information given in the
Contract Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. W/A's approval of a specific
item shall not indicate approval of an assembly of which the item is a
component.
13.3 If the client does not direct W/A to provide
Construction Administration Services, the client agrees to defend,
indemnify and hold W/A harmless from any claims arising during or
following the construction process, unless such claim is the result of
prior negligent acts by W/A.
14.Non Responsibility for Construction Procedures: W/A shall
not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or
for safety precautions and programs in connection with the Work, for
the acts or omissions of the Contractor, Subcontractors or any other
persons performing any of the Work, or for the failure of any of them
to carry out the Work in accordance with the Contract Documents.
15. Limitation of Liability: The Client and W/A have discussed their
risks, rewards and benefits of the project and W/A's total fee for
services. The risks have been allocated such that the Client agrees that
to the fullest extent permitted by law, W/A's total liability to Owner
for any and all injuries, claims, losses, expenses, damages, or claim
expenses arising out of this agreement from damages, or claim
expenses arising out of this agreement from any cause or causes, shall
not exceed the total amount of $100,000 or the amount of the fee,
whichever is greater. Such causes include but are not limited to
W/A's negligence, errors, omissions, or strict liability. The Client
further agrees to require of the construction contractor and
subcontractors a similar limitation of liability of W/A and of the
Client, to the contractors and subcontractors due to W/A's negligent
acts, errors or omissions.
16. Indemnity and Hold Harmless from Third Party Claims:
When W/A performs consulting services involving expert witness
testimony, investigation, evaluation, or repair of construction defects
for a project which is the subject of litigation at the time of this
agreement, or which becomes the subject of litigation in the future, it
is not unlikely that W/A could be named as a party at some future
date, merely because of W/A's participation.
In recognition of this high liability exposure, the client agrees to
indemnify, defend and hold W/A harmless from any claims,
expenses, judgments, or other costs, including defense costs, and
including the time of W/A personnel, at normal professional billing
rates, required to defend and indemnify W/A against any claim
brought against W/A for any activity relating to the services
performed under this contract This indemnity and hold harmless
agreement will not be effective for any claims, losses or expenses
arising out of the sole negligence or willful misconduct of W/A.
17. Fungus/Mold, Asbestos, Pollution and Other Hazardous
Substances: Client acknowledges that W/A's scope of services for
this project does not include any work related in any way to asbestos,
pollution, mold or fungus growth and/or hazardous waste. Should
W/A knowingly encounter, or any party knowingly encounter such
materials on the job site, or should it in any other way become known
that such materials are present or may be present on the job site or
any adjacent or nearby areas which may affect W/A's services, W/A
may, at its option, terminate its services on the project until such time
as client retains a qualified contractor to abate and/or remove the
asbestos, pollution, mold or fungus growth and/or hazardous waste
materials and warrant that the job site is free from any hazard which
may result from the existence of such materials. Client agrees to bring
no claims against W/A, its principals, employees, agents and/or
consultants, for any delay arising out of or connected with the
enforcement of this provision.
18. Mediation: It is understood and agreed that, in the event any
dispute, controversy, or conflict should arise during the design and
construction of the project or following its completion, the parties
hereto will cooperate in good faith and, if possible, resolve the issues
without resort to arbitration or litigation. Should the parties be unable
to reach agreement, an independent mediator will be selected to assist
in a further effort to resolve the dispute.
Accepted:
Date:
Gct 02 02 11:39a Ce )nsulting Engineers to 437-7333 p-2
A
<�' )11--
IGOR TARTAKOVSKY, R. E.
PAUL O'NEILL. 1? E.
C & B ENR CO S. MARTIN. P. E.
CON 5 U LTI N G RICHARo A. CHARLES. P.E.
ENGINEERS CARSON Woo, C.I.P.E.
EST. 1956
PROPOSAL FOR CONSULTING ENGINEERING SERVICES
Proposal made this 2"" day of October 2002, by and between HANNUM ASSOCIATES (Client) and C& -B
CONSULTING ENGINEERS (Engineer).
Client desires to engage the senrices of the Engineer on a consulting basis for the project known as COUNTY OF
MARW EMERGENCY DISPATCH CENTER, SAN RAFAEL, CALIFORNIA, referred to as "Project", and the
Engineer agrees to furnish such services on the terms and conditions as set forth herein:
WHEREAS, the parties agree as follows:
1. PROJECT DESCRIPTION
The project consists of a new 2,500 sf emergency dispatch center. The project will be connected to the
emergency generator, located at the fire station to support its operations and certain level of redundancy for
its mechanical and electrical systems.
11. SCOPE OF WORK TO BE PERFORMED
Mechanical, plumbing, electrical and Fre protection consulting and engineering services shall generally
include the following:
Ventilating and air-conditioning systems.
Plumbing systems including bas, storm, drainage, sanitary saver and domestic water. Utilities still
be designed to a point of five feet from the outside face of the buildings and coordinated with a civil
engineer.
Fire protection system including alarm, detection, and combination standpipe systems.
Electrical systems will include power and signal systems, utility service coordination for electrical
and telephone service, and emergency power systems.
Assumptions:
1. Existing electrical service has sufficient capacity to handle the anticipated loads.
ENGINEERING SERVICES
A. Schematic Design
Attend design team meetings, as needed, with the Client and design team to establish
schedules, coordinate the parameters and document quality standards and determine the
design intent and scope of the project, including the performance criteria.
2. Review and confirm general user requirements for systems needs. Incorporate provisions
in the design of core and shell systems for [hese estimated requirements. The project
criteria documents shall be the basis to undertake this confirmation.
4.19 1 ❑TH STREET SAN FAANCI5CO, CA 941 03.4303
415/437-7330 FAX: 41 5/437-7333
EMAIL: OFFICE(Q/CBEP GINEERS.COM WWW.CBENGINCERS.C]M
Out 02 02 11:40a Ca )nsu l t i ng Engineers t A 437-7333 p.3
3. Establish utility needs for the building. Coordinate all utility requirements with other
design team members.
4. Make preliminary computerized cooling load calculations.
5. Provide assistance to theArchitectinestablishing space allocationsforMEPequipmentand
distribution systems.
6. Prepare a report of the selected system that will provide system description narrative;
design drawings and sketches; outline specifications.
7. Document full scope of systems requirements for the building as they relate to other
disciplines. Coordinate systems requirements with and from all other trades.
8. Provide other necessary information to the development managers to assist in preparing a
reliable target budget. Rbesriew project cost estimates throughout the entire project.
9. Develop a schematic interior electrical system design forconsistentwith the building design
intent.
8. Design Development
1. Attend design team meetings.
2. Make computerized cooling load calculations.
3. Prepare design development documents and specifications. The systems will be based on
the approved requirements. criteria and budget development during the Schematic Design
phase.
4. Consult with other design team members to fully coordinate MEP design drawings with all
other drawings, including architectural, siructural and site utility drawings.
5. Provide other necessary information to the development managers to assist in preparing
reliable cost estimates.
C. Working Drawing Phase
1. Attend design team meetings as needed
2. Prepare and edit final drawings and specifications sufficiently detailed for competitive
bidding and proper construction of the MEP systems. (Design/Build for fire protection
systems.)
3. Consult with other design team members to fully coordinate MEP design drawings with all
other drawings, including architectural and structural drawings.
4. Review and coordinate final construction documents with all other trades.
5. Coordinate building management system and security design as required, and incorporate
into construction documents all work required in building construction as applicable.
2
Oct 02 02 11:40a
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E.
F
C&" insulting Engineers (4) - 437-7333 p.4
Prepare the necessary documentation for permit submission to the local code authorities.
Attend required meetings with local agencies. The Engineer shall be responsible for
meeting with the appropriate reviewing agencies and obtaining approval of the MEP
portion of the project; including obtaining the MEP permit,
Bidding Phase
I . Assist in developing a select list of subcontractors to bid or negotiate the work.
2. Review and analyze all subcontractor bids for awarding subcontractors and attend meetings
as necessary.
3. Answer questions of subcontractors during the bidding period. If necessary, provide
addenda and clarifications if required
4. Work closely with the project team to assist in the evaluation and implementation of cost
saving proposals and redesigns.
Construction Phase
1. Attend preeonstruction meetings to answer questions about design intent or interpretation
of the documents and to examine the contractor's understanding of the project and its
requirements.
2. Review and approve submittals and shop drawings in a timely manner to prevent any delays
of the project.
3. Visit the construction site at appropriate times (estimated three times) to observe the
progress of construction and its general conformance to drawings and specifications.
Prepare subsequent reports as required.
4. Prepare an ongoing punch list, including afinal punch list, summarizing performance data
and itemizing any deficiencies in the installation based on performed field observations.
5. Review the procedures and participate in the 1 ife safety testing completed by the contractor
to the satisfaction of the local approval agencies. Assist in final acceptance of systems in
the project.
6. Furnish copies of the final plans and specs to Client in both hard (vellum) and electronic
copies.
Exclusions
1. Lighting fixture selection.
TIT. COMPENSATION
Schematic Design.......................................................... $1,000.00
Design Development........................................................ $3,000.00
Working Drawings....................................................... . . S5,000.00
Bidding Phase.............................................................
X1,000.00
Constriction Phase......................................................... $2,000.00
Total .............. $12,000.00
Oct 02 02 11:40a
IV.
V.
Vl.
C&' insulting Engineers (4' 437-7333 p,5
Billable Hourly Rate Schedule
Principal ..................... .. .................................... $160.00 per hour
Project Engineer...................................................... $100.00 per hour
Designer............................................................. $65.00 per hour
Draftsman/CADD Operator ............................................... $50.00 per hour
Clerical/Administration.................................................. $45.00 per hour
REQVIBURSABLE EXPENSES
A. Reimbursable expenses shall not exceed $2.500.00 and include the following:
1. In-house plotting and media for construction document deliverables, including but not limited to,
team coordination check sets, permit and permit resubmission drawings, bid drawings, construction
drawings and design record drawings. In-house check plots and prints excluded.
2. Time spent traveling, including overnight accommodations and transport expenses.
3. Long distance telephone calls.
4. Mcssenger/delivery charges.
5. If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
6. Expense of additional insurance coverage or limits, including professional liability insurance,
requested by the Owner in excess of that normally carried by the Engineer.
METHOD OF BILLING
The Engineer shall bill the client on or about the Ist of the month. Billing to be based on percentage of
completion.
METHOD OF PAYMENT
A. All invoices arc due and payable within thirty (30) days of invoice date. Interest may be charged at 1.5%
monthly on all invoices over thirty days.
B. In the event if any payment is due and unpaid on any invoice in excess of sixty (60) days, CLIENT shall
be deemed to be in substantial breach of this Proposal and Engineer may, in its sole discretion, elect to
suspend its services hereunder without prejudice.
LIABILITY
Engineer's firm is not responsible for the job safety in, on, or around the site. Any reviews we may make are
not to be intended as reviews of the safety practices.
Client understands and agrees that the Engineer is not responsible for the means. methods, or sequences of
construction, job site safety, nor for the Construction Contractor's errors_
ADDITIONAL TERMS
If the project is suspended or abandoned prior to the completion of professional services. fees will become
payable only for the services completed at the time of such suspension or abandonment.
In the event of default. Client agrees to pay reasonable attorneys' fees for collection and interest at the legal
rate.
This agreement may be terminated by either party at the conclusion of any phase by 10 days written notice.
Oct 02 02 11:40a C& )nsulting Engineers 14 437-7333 p.6
IN WITNESS WHEREOF, the Client and Engineer have duly executed this Agreement on the day and year first above
written.
HANNUM ASSOCIATES