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HomeMy WebLinkAboutPW City Hall Space Planning Studies; First AmendmentFIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. FOR PROFESSIONAL DESIGN SERVICES FOR THE CITY HALL RENOVATION PROJECT THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC., (hereinafter "CONSULTANT"), is made and entered into as of the _CLC"day of , 2021 RECITALS WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated August 22, 2019 to perform professional design services in connection with CITY's City Hall Space Planning Study project (City Project No. 11368), for an amount not to exceed $19,650 (the "Agreement"); and WHEREAS, the CITY requires additional design services from the CONSULTANT to facilitate CITY'S City Hall Renovation project (City Project No. 11390), and the CONSULTANT is willing to provide such services; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Article II of the Agreement, entitled "DUTIES OF CONSULTANT" is hereby amended to include the additional services set forth in CONSULTANT's proposals entitled "Additional Services #1" and "Additional Services 2: (Basement) First Floor Proposed Plan — Exit Study" dated December 8, 2020, attached to this First Amendment as Exhibit A and Exhibit B, respectively, and incorporated herein by reference. 2. Article IV of the Agreement, entitled "COMPENSATION" is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit A and Exhibit B to this First Amendment, on a fixed fee basis in accordance with the CONSULTANT'S "2020 Hourly Fee Schedule" included in Exhibit A, in a not -to -exceed amount of $17,435, and to change the total not -to -exceed amount under the Agreement to $37,085. 1 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL JI"TZ, 'TZ, City M ag r ATTEST: Z4 4 �r LTNnSkY rARA, City Clerk APPROVED AS TO FORM: 2-'t'L O'�� - yn ROBERT F. EPSTEIN, City Attorney 2 CONSULTANT Nat Title: Chief Executive Officer [If CONSULTANT is a corporation, add signature of second corporate officer] N T r, LCA Exhibit A IMJ ARCHITECTS A CALIFORNIA CORPORATION December 8, 2020 Bill Guerin Director of Public Works City of San Rafael 1111 Morphew Street San Rafael, CA 94901 Via email: Bill Guerin Bill.Guerin@cityofsanrafael.ors cc: Faby Guillen Fabiola.GuillenUrfer@cityofsanrafael.org Regarding: Additional Services #1 Proposal San Rafael City Hall Renovation San Rafael, California I LCA Project # 19083 Dear Bill, Per your request the following professional services have been provided for the San Rafael City Hall, located at 1400 Fifth Avenue, San Rafael, California. Per our agreement dated July 17, 2019, the following additional professional services have been performed since October 2020 and are beyond our original contract signed by LCA on August 6, 2019 (see attached Exhibit B): 1. Basement (First Floor) Concept Plan Preparation and Analysis: • Visit the site to take preliminary measurements of the existing conditions. • Prepare a CAD preliminary base floor from the field measurements to use as a basis for conceptual plan studies. • Revise the base drawing with client proposed floor plan changes and assess several wall location options. • Provide a conceptual demolition plan based on the proposed plan revisions. • Provide a preliminary building code analysis of the revised floor plan to assess feasibility and code related changes that may be necessary. This will include occupancy calculations based on area calculation and an exiting analysis. The client has determined the building is not sprinklered so the analyses will be based on this assumption. • Communication, phone meetings to assess progress, and coordination with the client for meetings and site access. 2. Second Floor Existing Plan Preparation: • Visit the site to take preliminary measurements of the existing conditions. • Prepare a CAD preliminary base floor plan from the field measurements to use as a basis for conceptual plan studies. • Communication, and coordination with the client for scope of work issues and site access. Additional Services Fee Beyond Our Original Agreement: $9,935.00 590 Ygnacio Valley Road, Suite 310 • Walnut Creek, CA 94596.925.944.1626 1970 Broadway, Suite 800.Oakland, CA 94612 - 510.272.1060 www.ica-architects.com Bill Guerin 12/08/2020 19083 — ASR 01 Page 2 of 4 OUTSIDE CONSULTANTS: The Architect retains no consultants. REIMBURSABLE EXPENSES: Copies, prints, CADD plots, photography, preparing and compiling pdf. sets, scanning, colored print mounting, long distance phone calls, FAX transmissions, postage, express mail, and travel outside the Walnut Creek area will be billed on a reimbursable basis: at cost plus 15%. ADDITIONAL SERVICES: Additional services would be those services and meetings not specifically listed and described above. Extra drawings, renderings, and changes required by the Owner, Contractor, or Local Government Agencies to drawings or designs previously approved will be considered additional services. Additional services will not be performed without the Owner's authorization. Additional services will only be provided with authorization in writing from the Owner. For additional services of the Architect's consultants, compensation shall be computed as a multiple of 1.15 times the amount billed to the Architect for such services. In accordance with California Civil Code §2782.5, Owner and Architect have negotiated this provision after discussing and understanding the relative benefits and risks of the work, alternatives available to Owner, including modifying this provision in exchange for additional payments by Owner or seeking other consulting services. To the fullest extent permitted by law, Owner agrees to limit the liability of Architect, its officers, employees and subconsultants to Owner, contractors, subcontractors, lenders, suppliers, manufacturers and all others, arising from Architect's services on this project such that the total aggregate liability, including costs of defense and attorneys shall not exceed the total fee for the services on this project. The Owner further agrees to require of all contractors and subcontractors an identical limitation of Architect's liability. It is understood that the total liability of LCA Architects Inc. for any claims arising out of the services performed under this Agreement shall be limited to a maximum of the net fee received by LCA Architects Inc., not including reimbursable sub -consultant fees and expenses. Carl Campos (CA License No. C10482), David Bogstad (CA License No. C21379), and Peter Stackpole (CA License No. C16939) are licensed as architects in the State of California and are employees of Loving Campos Associates Architects, Inc., dba LCA Architects Inc., a California Corporation. Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834. OWNERSHIP AND COPYRIGHT OF DOCUMENTS: Ownership of drawings and specifications as instruments of service is that of the Architect, whether the work for which they are made be executed or not. All drawings and documents produced under terms of this Agreement are the property of LCA Architects Inc. and cannot be used for any reason other than to bid and construct the above-named project. The Owner shall be granted a revocable license to use the drawings and documents for the purpose of constructing, maintaining and operating the project and shall not use such documents for any other purpose without the Architect's consent. Architect will provide Owner with a reproducible digital (PDF) for his use, billed on a reimbursable basis per the terms of the Architect's Fee Schedule and this agreement. The Owner shall indemnify and defend the Architect from any claim, loss, or damage arising out of the Owner's failure to abide by the terms hereof. Use of Plans and Specifications without the Architect's express permission, and without payment of required fees to the Architect constitutes both breach of contract and copyright infringement and may be prosecuted to the full extent of the law. Cad files may be provided after execution of our standard release of liability form. Bill Guerin 12/08/2020 19083 -• ASR 01 Page 3 of 4 Please sign below to acknowledge receipt of this contract and initiate this agreement. We thank you for this opportunity to be of service for your project. LCA Architects Inc. CEC:nd/prpsl52 Attachments: Exhibit A— 2020 LCA Hourly Fee Schedule Exhibit B — Original Agreement For Professional Services AGREED AND ACCEPTED Authorized Signature Date Printed Name Title Bill Guerin 12/08/2020 19083 — ASR 01 Page 4 of 4 EXHIBIT A LCA ARCHITECTS, INC. 2020 HOURLY FEE SCHEDULE* DESCRIPTION HOURLY RATE Principal $220.00 Associate $195.00 to $220.00 Project Manager $200.00 Construction Manager $155.00 to $190.00 Project Architect $140.00 to $190.00 Quality Control Manager $200.00 Specifications Writer $200.00 Job Captain $120.00 to $135.00 Designer $100.00 to $180.00 CAD Tech $100.00 to $145.00 Project Coordinator $100.00 to $140.00 Administration/Research/Presentations $95.00 to $130.00 Clerical $110.00 Architectural Animation — Preparation of computer generated views, renderings and simulations of architectural interiors and exteriors. Preparation of video "fly-by's," walkthrough's, and other simulations. $175.00/hr. Expert Witness — Review of documents, meetings, site visits, telephone conferences, administration of the documents and materials, research, deposition, testimony, court appearances, and travel time. $505.00/hr. Perspective Sketches and Renderings, Visual Simulations On a Per Drawing Basis Mileage (outside of the Walnut Creek area) **as adjusted by IRS guidelines 0.575/mile** Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, long distance phone calls, postage, express mail, and travel outside the Walnut Creek area will be billed on a reimbursable basis: at cost plus 15%. Overtime - If overtime is required by staff, to meet a customer's timing request, additional hourly fee charges may apply. California employment law will apply. * Effective 01/01/2020. Subject to change quarterly. EXHIBIT B AGREEMENT FOR PROFESSIONAL SERVICES WITH LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. FOR SAN RAFAEL CITY HALL SPACE PLANNING STUDIES AND ROM COST ESTIMATE This Agreement is made and entered into this day of , 2019, by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional services are required for the space planning and cost estimating services for three proposed City Hall Space Planning Options in connection with the future City Hall Renovation Project, City Project No. 11368 ; and WHEREAS, the CONTRACTOR has agreed to render such services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Carl Campos is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide the services outlined in CONTRACTOR'S proposal dated July 17, 2019, marked as Exhibit "A," attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONTRACTOR as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown in Exhibit "A" attached and incorporated herein, in an amount not to exceed 519,650.00. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on June 30, 2021, or on such earlier date when the work shall have been completed, unless the parties agree to extend this Agreement for another 180 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OlArNERSHIP OF DOCUMF,NTS. 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 2 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: A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/trivo million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall 3 be "primary and noncontributory" 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 or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision (hat 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. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONTRACTOR under this agreement. 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 4 payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or 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. IL 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"), from 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 term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, 5 litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. 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 observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 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. 6 Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR, Bill Guerin Public Works Director 111 Morphew Street San Rafael, CA 94901 Carl Campos Loving, Campos, Associates, Architects, Inc. 1970 Broadway, Suite 800 Oakland, CA 94612 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The 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 CrTY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under W 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 team, covenant or condition of 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 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 tern, 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 terns 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. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 8 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JIM SCHUTZ, City Manager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney 9 CONTRACTOR [If Contractor is a corporation, add signature of second corporate officer] 7*� By: 6am:, k W D- so Title: , _. LCA ARCHITECTS July 17, 2019 Bill Guerin Director of Public Works City of San Rafael 1111 Morphew Street San Rafael, CA 94901 Via email: Bill.Guerin@citvofsanrafael.org Reference: San Rafael City Hall Space Planning Studies and ROM Cost Estimate 1400 Fifth Ave, San Rafael, California 94901 LCA #19083 Dear Bill: EXHIBIT "A" Per your request we agree to provide Space Planning and Cost Estimating Services for the proposed San Rafael City Hall Space Planning Options. I understand there are 3 space planning options that you would like us to study and develop preliminary costs to establish a budget. Our fee for this work will be $19,650.00 and be billed on a Time and Materials basis, based on the attached hourly fee schedule. This hourly fee arrangement is for LCA Architects' services and our Cost Estimator only (see attached CCMS proposal) and does not include any consultants such as landscape architects, civil engineers, mechanical/plumbing engineers, electrical engineers, data engineers, acoustic engineers, traffic consultants, and the like. This fee includes up to (2) revisions for Space Planning and (1) revision to the Cost Estimate. Includes (2) meetings with the Owner. LCA Architects Estimated Fee: $12,900.00 CCMS Estimated Fee: $6.750.00 Total Estimated Fees: $19,650.00* We have staff available who can start this work as soon as you release us to do the work and sign our Agreement. Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, long distance phone calls, postage, express mail, and travel outside the Walnut Creek/ Pleasant Hill area will be billed on a reimbursable basis: at cost plus 15%. Our rates are based on the enclosed hourly fee schedule. In accordance with California Civil Code §2782.5, Owner and Architect have negotiated this provision after discussing and understanding the relative benefits and risks of the work, alternatives available to Owner, including modifying this provision in exchange for additional payments by Owner or seeking other consulting services. To the fullest extent permitted by law, Owner agrees to limit the liability of Architect, its officers, employees and sub consultants to Owner, contractors, subcontractors, lenders, suppliers, manufacturers and all others, arising from Architect's services on this project such that the total aggregate liability, including costs of defense and attorneys shall not exceed the net fee for the services on this project. The Owner further agrees to require of all contractors and subcontractors an identical limitation of Architect's liability. * Fee assumes As-builts of floors 1, 2, and 3 are available for our use. If not, we would field measure existing layouts and provide CAD layouts for each floor. Does not include Council Chambers Wing. Fee: $6,500.00 590 Ygnac o Valley Road, Suite 310 . Walnut Creel:, CA 94596 . 925.944 1626 1970 Broadway, Suite 800 . Caklano, CA 94612 . 510.272 1060 Ica -arch ter_ts com Bill Guerin July 17, 2019 LCA #19083 Page 2 of 3 Carl Campos (CA License No. C10482), David Bogstad (CA License No. C21379), and Peter Stackpole (CA License No. C16939) are licensed architects in the State of California and are employees of Loving Campos Associates Architects, Inc., dba LCA Architects Inc., a California Corporation. Please sign below to acknowledge receipt of this contract and initiate this agreement. We thank you for this opportunity to be of service for your project. Carl I CEO LCA Architects Inc. CA License C10482 CEC:nd/prps151 Enclosure: Hourly Fee Schedule Construction Cost Management Services (CCMS) proposal Fact Sheet for City Hall CH Option 1 CH Option 2 CH Option 3 AGREED AND ACCEPTED Authorized Signature Date Printed Name Title Please sign and return one copy of this proposal to initiate the agreement. Bill Guerin July 17, 2019 LCA #19083 Page 3 of 3 LCA ARCHITECTS, INC. 2019 HOURLY FEE SCHEDULE* DESCRIPTION HOURLY RATE Principal $215.00 Associate $190.00 to $215.00 Project Manager $195.00 Construction Manager $150.00 to $185.00 Project Architect $135.00 to $185.00 Quality Control Manager $195.00 Specifications Writer $195.00 Job Captain $115.00 to $130.00 Designer $95.00 to $175.00 CAD Tech $95.00 to $140.00 Project Coordinator $95.00 to $135.00 Administration/Research/Presentations $90.00 to $125.00 Clerical $105.00 Architectural Animation — Preparation of computer generated views, renderings and simulations of architectural interiors and exteriors. Preparation of video "fly-by's," walkthrough's, and other simulations. $170.00/hr. Expert Witness— Review of documents, meetings, site visits, telephone conferences, administration of the documents and materials, research, deposition, testimony, court appearances, and travel time. $500.00/hr. Perspective Sketches and Renderings, Visual Simulations On a Per Drawing Basis Mileage (outside of the Walnut Creek area) **as adjusted by IRS guidelines 0.58/mile** Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, long distance phone calls, postage, express mail, and travel outside the Walnut Creek area will be billed on a reimbursable basis: at cost plus 15%%. Overtime - If overtime is required by staff, to meet a customer's timing request, additional hourly fee charges may apply. California employment law will apply. * Effective 01/01/2019. Subject to change quarterly. Construction Cost Management Services 1714 Franklin Street, Suite 196, Oakland, CA 94612 Ph: 510- 932 98218 Carl Campos, CEO LCA Architects 590 Ygnacio Valley Road Suite 310 Walnut Creek CA 94596 July 18, 2019 Re: San Rafael City Hall Remodel: 3 Options Carl, As requested we appreciate this opportunity to submit our fee proposal for providing LCA with construction cost consulting services on the subject project. 1. SCOPE of WORK for EACH of 3 OPTIONS • Complete Demolition of Existing Levels 1,2 & 3 • Tenant Improvements for New Configuration of Existing Spaces including Architectural, Mechanical and Electrical System Requirements 2. COST ESTIMATING SERVICES • CCMS will provide one ROM model cost estimate for each Option to determine the total construction cost for the project consistent with the scope of work as described and as reflected in the drawings provided by the architect. • CCMS will communicate with the architect during the development of the cost estimate to co-ordinate with the design team, and to obtain any clarifications required and to varify the full scope of the work and any assumptions for work not reflected on the drawings. • Cost estimates shall be inclusive of all hard costs associated with the project, payment and performance bonds, contractor's general conditions, office overheads and profit. • CCMS will include the projected market conditions, inflation rates, the cost of prevailing wage rates and pending labor agreements to ensure the estimate reflects the current bidding conditions in the construction industry. • The ROM estimate will be formatted in the Elemental Format and will be based on measurement of quantities and priced in accordance current prevailing wage rates in San Rafael. San Rafael City Hall Remodel: 3 Options ....................... 2. COST ESTIMATING SERVICES (continued)..... • An escalation factor to provide for the rising cost of labor, materials, equipment and energy costs that occur to the mid -point of construction will be reflected in an Executive Comparative Cost Summary. • Discussions and a review of a draft copy of the estimate will be conducted with the architect and related project consultants before submitting a final estimate. • Value enginneering/ alternates, FF&E, client meetings and soft costs is excluded. Additionally hazmat abatement, structural improvements and site work is excluded. Should any of these services be required, it will be regarded as an additional service at our standard hourly rates. 3. CONSULTING FEES CCMS proposes to provide construction cost estimates as defined in Sections 1 & 2 for the lump sum fees: • ROM Cost Model Estimate 1.............................................................Option 1: $1,850 • ROM Cost Model Estimate 2 ........................................................... Option 2: $1,850 • ROM Cost Model Estimate 3 ........................................................... Option 3: $1,850 • Review Draft Estimate, Provide Cost Adjustments & Submit Final: $400 x 3........... $1.200 • Total Fee...............................................................................................1. $6,750 4. RESERVATION OF RIGHTS CCMS reserves the right to make any adjustment in fees as required, should the scope of the work and our services, as described herein, be modified. 5. EXPENSES Fees include all expenses incurred in preparation of all estimate reports for the client. 6. PAYMENT We will invoice on completion of our work for payment net thirty days. We look forward to the opportunity to provide our cost expertise on this project and trust our proposal will meet with your approval. CCMS /14.�7 Ca/u, Manny Cohen Principal City Hall Remodel Options Needs External coming in Volunteer/Sustainability 500 sq ft Econ Dev 561 sq ft Parking 1,109 sq ft Counter 192 sq ft Intemal CDD 5,607 sq ft (includes 2 conf rooms and other dev service space) Finance 1,590 sq ft Digital Services (w/Sean) Admin 1,075 sq ft Support 500 sq ft HR 703 sq ft City Manager (include ED) 1,299 sq ft (remove Mayor office * extra space) City Attorney w/o Rob 672 sq ft (< need by move storage downstairs) City Clerk 594 sq ft (< need by move storage downstairs) Option 1— Low Budget Intent is to move outside departments into 1" floor of city hall, with minimal movement of existing departments on 2"d/3'd floor to minimize costs Low moving costs, as not relocating existing staff from god or 3`d floor (except housing/homeless) 1't Floor Add - Parking services (parking lot side) Economic Development (main lobby side) Volunteer/Sustainability (middle) Director of Housing/Homeless 3 Conf Rooms 1 Break room City Storage (in Dispatch) Move Out Police Maintain Bathrooms/Showers/Lockers Digital Services Servers/Workroom 2nd Floor Add None Move Out None Maintain CM Office CA Office Digital Services Finance HR Clerk 3'd Floor Add None Move Out Director of Housing/Homeless Maintain CDD Business License 2 Conf Rooms Kitchen Option 2 - Mid Budget Intent is to move outside departments into V floor of city hall, with minimal movement of existing departments on 2"d/3rd floors, to minimize costs V Floor Add - Parking Services (parking lot side) Digital Services (from 2nd floor) Volunteer/Sustainability (main lobby side) Director of Housing/Homeless (middle) 1 Conf Rooms 1 Break room City storage (in PD Dispatch) Move Out Police Maintain Bathrooms/Showers/Lockers Digital Services Servers/Workroom 2"d Floor Add Econ Dev Move Space Clerk to part of CM area Modify Start hallway further back, and open up 112D feet of hallway to have a reception space between CM office and new CC office and then wall along back of 20 ft Move Out Digital Services (to 151 floor) Maintain CM Office (relocated) CA Office (relocated) Finance HR (relocated) I Clerk 3rd Floor Add None Move Out Director of Housing/Homeiess Maintain CDD 2 Conf Rooms Kitchen Option 3 — Biggest Budget Intent is to renovate City Hall completely to be the most efficient in terms of adjacencies of departments, location of departments based on public use, and use of space 1S1 Floor Add - Parking Services (parking lot side) Digital Services (from 21 floor) Volunteer/Sustainability (main lobby side) Director of Housing/Homeless (middle) Conference Rooms Kitchen 1-2 Conf Rooms City Storage (Dispatch) Move Out Police Maintain Bathrooms/Showers/Lockers Digital Services Servers/Work Room 2nd Floor Add CDD Business License Outdoor deck (behind current Clerk office, accessed off current hallway, near stairs for employee break area Modify Blow out hallway and make a counter at start of current hallway, similar to 3`d floor Open floor plan and offices besides Move Out CM Office (to 3`d floor) CA Office (to 3rd floor) Finance (to 3`d floor) HR (to 3rd floor) Clerk (to 3`d floor) Digital Services (to 151 floor) Maintain None 3`d Floor Add CM CA Clerk HR CA Econ Dev Move Out CDD Business License Kitchen Maintain 2 Conf Rooms (possibly in different location) C C � C ,gad®�z®? CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) 77/3112019 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dealey, Renton 8r Associates PHIAIONE Extl510-Ifi5-3090 a No):5I0-452-2193 P. O. Box 12675 EMAIL ADDRESS: CerttftcateS deale renton.com Oakland CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAICJJ 5/30/2020 INSURER A: Hartford Casualty Insurance Co. 29424 $1,000,000 INSURER a: National Union Fire Ins CO PlttsburghPA 19445 INSURED LCAARCHIT LCA Architects, Inc. 590 Ygnacio Valley Road INSURER C: Arch Insurance Company 11150 Walnut Creek CA 94596 INSURER D: American Automobile Ins. Co. 21849 INSURER E: INSURER F: $ 1,000,000 COVFRAGFS CERTIFICATE NUMBER! 1RA43791nn REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIALGENERALLIABILITY Y Y 67SBWL05132 5/3012019 5/30/2020 EACH OCCURRENCE_ $1,000,000 CLAIMS -MADE %( OCCUR AMA EU PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person)_ $ 10,000 PERSONAL 6 ADV INJURY 51.000.000 GEN'LAGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $2,000,000 POLICY -- i JET [7 LOC _ PRODUCTS-COMP/OP AGG $2,000,000 $ OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per a=idont) S PROPERTY DAMAGE Per acddent S HIRED NDN -OWNED AUTOS ONLY AUTOS ONLY 5 B X UMBRELLA LIABX OCCU EBUD314392BB 5/30/2019 5130/2020 EACH OCCURRENCE :10,000,000 S 10,000,000 EXCESS LIAR CLAIMSR -MADE AGGREGATE DED I I RETENTIONS $ D WORKERS COMPENSATIONv AND EMPLOYERS' LIABILITY YIN { SCW0066131901 1/1/2019 1/1/2020 X PER OTH- STATUTE ER $ 1,000,000 ANYPROPRIETOR/PARTNERIEXECUTIVE ❑I OFFICER/MEMBER EXCLUDED? N I A • E.L EACH ACCIDENT $ 1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE If yea, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability PAAEP0020102 12/1/2018 12/1/2019 S2,000,000 per Claim $4,000,1300 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project No. 19083. CERTIFICATE HOLDER CANCELLATION 30 Dav Notice of Cancellation ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Rafael ACCORDANCE WITH THE POLICY PROVISIONS. Department of Public Works Office AUTHORIZED REPRESENTATIVE 111 Morphew Street San Rafael CA 94901 C; ' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 57SBWLQ8132 BUSINESS LIABILITY COVERAGE SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, In a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract: This insurance is primary if you have agreed In a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and noncontributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method. each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule Attached to the policy. Insured: LCA Architects, Inc. Producer: Dealey, Renton & Associates Schedule Person or Organization City of San Rafael Department of Public Works Office 111 Morphew Street San Rafael CA 94901 Additional Premium % We have the right to recover our payments from any- one liable for an injury- covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Authorized Representative WC040306 Policy Number SCW0066131901 Effective Date 1/1/2019 Job Description You must maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. Policy Number: 606667707 Date Entered: 05/30/2019 AC(OR "® CERTIFICATE OF LIABILITY INSURANCE 7DATEIJIMIMIDDfym) 0//2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Peter Kohn Insurance Agency 3000 Citrus Circle, Suite 116 Walnut Creek, CA 94598 CONTACT NAME: Peter Kohn PHONE FAX EIC. No Ea: (925) 820-1600 All,No): (925) 820-1684 IL ADDRESS: Pkohninsurance@ gmail . com INSURER(S) AFFORDING COVERAGE NAIC q INSURER A: Truck Insurance Exchange 21709 INSURER 8: INSURED LCA Architects Inc- INSURER C: �/ X INSURER D: 590 Ygnacio Valley Road, Suite 310 Walnut Creek, CA 94596 INSURER E: INSURER F: MED EXP (Any one person) S rnVFRor;FA CFRTIFICATF NIIMRFP- RFVISIr1N NIIMRFR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCEADDLISUER POLICY EFF PO P LIMITS LTR I INSD VJVD POLICY NUMBER rd MIDDIYYI'Y MM/DDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE SIJAMAGE CLAIMS -MADE D OCCUR �/ X �/ X _ To RENTED PREMISES(Ea occurrence S MED EXP (Any one person) S PERSONAL &ACV 114JURY S GEN'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE S POLICY E] PRO- JECT LOC PRODUCTS - COMPlOPAGG S OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S1,000,000 Ea accident BODILY INJURY (Per person) S A ANY AUTO 606667707 /30/2019 /30/2020 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ 20 ER DAMAGE S Per acddent HIRED NON -OWNED AUTOS ONLY AUTOS ONLY S UMBRELLA LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR OED RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N STATUTE ERH ANY PROPRIETOR/PARTNERIEXECUTNEE.L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? F—] NIA (Mandatory In NH) EL DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below ELL - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached If more space Is required) 2010 Ilonda Accord Touring; VIII: 1HGCV2F98JA021I74 2018 Lezus RX350 BAS; VIN: 2T2BZMCAOJC167312 2017 Mercedes Benz S 550; VIN: WDDUGBCB111A329B75 2018 Toyota Avalon Hyb.: 4T1BD1EB8,U060076 City of San Rafael 111 Morphew, Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE San Rafael, CA 94901 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Bill Guerin Public Works Director AUTHORIZED REPRESENTATIVE RE: City Hall Space Planning and cost estimating for City Hall Renovation Project Peter Kohn ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. wuwv.FormsBoss.com; Impressive Publishing, LLC 800-208-1977 LCA Exhibit B `J ARCHITECTS A CALIFORNIA CORPORATION December 8, 2020 Bill Guerin Director of Public Works City of San Rafael 1111 Morphew Street San Rafael, CA 94901 Sent via email: Bill.Guerin@citvofsanrafael.org cc: Faby Guillen Fabiola.GuillenUrfer@citvofsanrafael.ors SUBJECT: Additional Services 2: (Basement) First Floor Proposed Plan — Exit Study City of San Rafael, City Hall 1400 Fifth Ave, San Rafael, California 94901 Dear Bill: Per your request, we agree to provide Construction Documents and limited Specifications for the (Basement) First Floor at City Hall. My understanding of your needs is as follows: 1. You wish us to provide the following: A. Construction Documents and limited Specifications for the (Basement) First Floor per the attached "First Floor Proposed Plan — Exit Study" (see attached Exhibit B). B. Any HVAC or electrical modifications will be Design Build by the Contractor. C. These plans will be suitable to obtain a Building Permit and construct the improvements. Deliverables: CAD generated floor plans and details suitable for Bidding and to construct the improvements. Fixed Fee —Architects Only: $7,500.00 Our fee for this work will be on a Fixed Fee basis. This fee arrangement is for LCA Architects' services only and does not include any consultants. These fees will be billed monthly in keeping with our progress of work. They are due and payable in 30 days. This proposal is based on the project commencing immediately and being completed in nine to twelve months. This fee proposal is good for 60 days. We have staff available who can start this work as soon as you release us to do the work and sign our Agreement. Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, long distance phone calls, postage, express mail, and travel outside the Bay Area will be billed on a reimbursable basis: at cost plus 15%. Our rates are based on the enclosed hourly fee schedule. 590 Yg n acio Valley Road, Suite 310 • Walnut Creek, CA 94596.925.944.1626 1970 Broadway, Suite 800.Oakland, CA 94612 - 510.272.1060 www.Ica-architects.com Bill Guerin 12/08/2020 LCA # 19083 — ASR 02: First Floor Exit Study Page 2 of 4 ADDITIONAL SERVICES: Additional services would be those services and meetings not specifically listed and described above. Extra drawings, renderings, and changes required by the Owner, Contractor, or Local Government Agencies to drawings or designs previously approved will be considered additional services. Additional services will not be performed without the Owner's authorization. Additional services will only be provided with authorization in writing from the Owner. For additional services of the Architect's consultants, compensation shall be computed as a multiple of 1.15 times the amount billed to the Architect for such services. In accordance with California Civil Code §2782.5, Owner and Architect have negotiated this provision after discussing and understanding the relative benefits and risks of the work, alternatives available to Owner, including modifying this provision in exchange for additional payments by Owner or seeking other consulting services. To the fullest extent permitted by law, Owner agrees to limit the liability of Architect, its officers, employees and subconsultants to Owner, contractors, subcontractors, lenders, suppliers, manufacturers and all others, arising from Architect's services on this project such that the total aggregate liability, including costs of defense and attorneys shall not exceed the total fee for the services on this project. The Owner further agrees to require of all contractors and subcontractors an identical limitation of Architect's liability. It is understood that the total liability of LCA Architects Inc. for any claims arising out of the services performed under this Agreement shall be limited to a maximum of the net fee received by LCA Architects Inc., not including reimbursable sub -consultant fees and expenses. Carl Campos (CA License No. C10482), David Bogstad (CA License No. C21379), and Peter Stackpole (CA License No. C16939) are licensed as architects in the State of California and are employees of Loving Campos Associates Architects, Inc., dba LCA Architects Inc., a California Corporation. Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834. OWNERSHIP AND COPYRIGHT OF DOCUMENTS: Ownership of drawings and specifications as instruments of service is that of the Architect, whether the work for which they are made be executed or not. All drawings and documents produced under terms of this Agreement are the property of LCA Architects Inc. and cannot be used for any reason other than to bid and construct the above-named project. The Owner shall be granted a revocable license to use the drawings and documents for the purpose of constructing, maintaining and operating the project and shall not use such documents for any other purpose without the Architect's consent. Architect will provide Owner with a reproducible digital (PDF) set of plans for his use, billed on a reimbursable basis per the terms of the Architect's Fee. Schedule and this agreement. The Owner shall indemnify and defend the Architect from any claim, loss, or damage arising out of the Owner's failure to abide by the terms hereof. Use of Plans and Specifications without the Architect's express permission, and without payment of required fees to the Architect constitutes both breach of contract and copyright infringement and may be prosecuted to the full extent of the law. 590 Ygnacio Valley Road, Suite 310 • Walnut Creek, CA94596.925.944.1626 1970 Broadway, Suite 800.Oakland, CA 94612 - 510.272.1060 www.ica-architects.com Bill Guerin 12/08/2020 LCA # 19083 - First Floor Exit Study Page 3 of 4 Please sign below to acknowledge receipt of this contract and initiate this agreement. We thank you for this opportunity to be of service for your project. Regard Carl Ca LCA Art License CEC:nd:prpsl52 Enclosure: Exhibit A - LCA Hourly Fee Schedule Exhibit B — First Floor Proposed Plan — Exit Study 11/16/2020 Agreed and Accepted Authorized Signature Date Printed Name Title Please sign and return one copy of this proposal to initiate the agreement. 590 Ygnacio Valley Road, Suite 310 • Walnut Creek, CA 94596.925.944.1626 1970 Broadway, Suite 800- Oakland, CA 94612.510.272.1060 www.ica-architects.com Bill Guerin 12/08/2020 LCA # 19083 — ASR 02: First Floor Exit Study Page 4 of 4 EXHIBIT A LCA ARCHITECTS, INC. 2020 HOURLY FEE SCHEDULE* DESCRIPTION HOURLY RATE Principal $220.00 Associate $190.00 to $200.00 Project Manager $200.00 Construction Manager $155.00 to $190.00 Project Architect $135.00 to $190.00 Quality Control Manager $195.00 Specifications Writer $195.00 Job Captain $125.00 to $135.00 Designer $125.00 to $180.00 CAD Tech $125.00 to $145.00 Project Coordinator $120.00 to $135.00 Administration/Research/Presentations $90.00 to $125.00 Clerical $120.00 Architectural Animation — Preparation of computer-generated views, renderings and simulations of architectural interiors and exteriors. Preparation of video "fly-by's," walkthrough's, and other simulations. $175.00/hr. Expert Witness — Review of documents, meetings, site visits, telephone conferences, administration of the documents and materials, research, deposition, testimony, court appearances, and travel time. $500.00/hr. Perspective Sketches and Renderings, Visual Simulations On a Per Drawing Basis Mileage (outside of the Walnut Creek area) **as adjusted by IRS guidelines 0.575/mile** Copies, prints, CADD plots, photography, preparing and compiling .pdf sets, scanning, colored print mounting, long distance phone calls, postage, express mail, and travel outside the Walnut Creek area will be billed on a reimbursable basis: at cost plus 15%. Overtime - If overtime is required by staff, to meet a customer's timing request, additional hourly fee charges may apply. California employment law will apply. * Effective 01/01/2020. Subject to change quarterly. 590 Yg nacio Valley Road, Suite 310 • Walnut Creek, CA 94596.925.944.1626 1970 Broadway, Suite 800.Oakland, CA 94612 - 510.272.1060 www.Ica-architects.com S13311HOM g V,..nvl'°aVA"NVs ��� �■ �aFF {{ �q� 'IFIVJ H NVS 30 kUD �jj°jje!e!°ppf{le!g�r�1 SIF 1°�` E!� 9� ilAlllt�lle O w CLa J 0 LU O CL O _C IZ 0 a Ej�o O LL Cl 2 W J Co LL z o� I-- U) U) a � b b i � e f O w CLa J 0 LU O CL O _C IZ 0 a Ej�o O LL Cl 2 W J Co LL z o� I-- U) U) _ S p o � �vs O w CLa J 0 LU O CL O _C IZ 0 a Ej�o O LL Cl 2 W J Co LL z o� I-- U) U) CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Iman Kayani for FG Extension: 3352 Contractor Name: Loving Campos Associates, Architects, Inc. Contractor's Contact: Nina Daulton Contact's Email: ndaulton@Ica-architects.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor C liC?_ here io ❑ b. Email contract (in Word) and attachments to City 12/21/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org OIKK 2 City Attorney a. Review, revise, and comment on draft agreement 1/5/2021 ❑x LG and return to Project Manager 1/5/2021 ❑x LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 1/5/2021 X BG contractor 4 Project Manager Forward three (3) originals of final agreement to 1/7/2020 ❑x IKK contractor for their signature 5 Project Manager When necessary, contractor -signed agreement © N/A � agendized for City Council approval * *City Council approval required for Professional Services ❑X IKK Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a elate. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 1/13/2021 IKK Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed t J20 `-21 agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized ) official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager