HomeMy WebLinkAboutPW City of San Rafael Essential Facilities Construction Project - Fire Stations 54 and 55____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: October 18, 2021
Disposition: Resolutions 14988 x 14989
Agenda Item No: 8.a
Meeting Date: October 18, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: ___________
File No.: 06.01.243 & 06.01.245
TOPIC: CITY OF SAN RAFAEL ESSENTIAL FACILITIES CONSTRUCTION PROJECT –
FIRE STATIONS 54 AND 55
SUBJECT: CITY OF SAN RAFAEL ESSENTIAL FACILITIES CONSTRUCTION PROJECT –
FIRE STATIONS 54 AND 55:
1.RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION CONTRACT TO WICKMAN DEVELOPMENT
AND CONSTRUCTION, INC. FOR THE CITY OF SAN RAFAEL ESSENTIAL
FACILITIES CONSTRUCTION PROJECT – FIRE STATIONS 54 AND 55, IN
THE AMOUNT OF $8,809,000, AND AUTHORIZING CONSTRUCTION
CONTINGENCY FUNDS IN THE AMOUNT OF $880,900, FOR A TOTAL
APPROPRIATED AMOUNT OF $9,689,000;
2.RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH LOVING CAMPOS
ASSOCIATES ARCHITECTS, INC. FOR CONSTRUCTION
ADMINISTRATION, SCHEDULING, AND ADDITIONAL SERVICES FOR
PHASE 2 ESSENTIAL FACILITIES PROJECTS - FIRE STATIONS 54 AND 55,
IN THE AMOUNT OF $280,300
RECOMMENDATION:
1.Adopt the resolution awarding and authorizing the City Manager to execute a
construction contract to Wickman Development and Construction, Inc.; and
2.Adopt the resolution authorizing the City Manager to execute a professional services
agreement with Loving Campos Associates Architects, Inc. for construction
administration, scheduling, and additional services.
BACKGROUND:
On November 5, 2013, the voters approved Measure E extending the existing one-half percent
local sales tax and increasing the rate by one-quarter percent to provide funding to preserve
essential city services. The City has since used those resources to plan, design, construct and
manage two new stand-alone fire stations, 52 and 57, and a new Public Safety Center (PSC)
that incorporates Fire Station 51. These three projects are collectively referred to as “Phase 1”
of the City’s Essential Facilities Program. They have all been successfully completed, occupied
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
and are operational. The Essential Facilities program also includes the design, construction, and
management of Fire Stations 54 and 55, referred to as “Phase 2”.
Fire Stations 54 and 55 were designed and built in the mid-1960s and are now beyond their
useful life.
Fire Station 54 is located at 46 Castro Avenue in the Canal neighborhood. It contains an
apparatus bay composed of a steel-framed structure that houses one engine and the City’s
ladder truck. The apparatus bay is salvageable but requires seismic upgrades. The living
quarters consist of a single-story wood-framed structure which has become obsolete due to age
and deterioration. The living quarters include a living area, kitchen, sleeping quarters, and a
restroom. The living quarters do not meet current standards for seismic, the Americans with
Disabilities Act (ADA), or flood protection, and do not provide separate sleeping and restroom
space for male and female firefighters. The living quarters will be demolished, and a new code-
compliant structure will be constructed in its place.
Fire Station 55 is located at 955 Point San Pedro Road between Knight Drive and Peacock
Drive. This station was also built in the 1960s and is mostly a wood-frame structure. The
apparatus bay is a wood-frame structure supporting a steel girder roof system. The apparatus
bay requires significant seismic improvements but is salvageable. The living quarters, kitchen
and sleeping quarters are almost identical to Station 54, with the same issues, and are also
beyond their useful life. Like Fire Station 54, the living quarters at Fire Station 55 will be
demolished and a new code-compliant structure will be constructed in its place.
The Department of Public Works issued a request for bids for the renovation of the two fire
stations in May of 2021. The City received two bids. The contractors who submitted bids were
Build Group, Inc. and F&H Construction. The apparent low bidder, Build Group, Inc., withdrew
its bid due to a clerical error. The only responsive bidder left was F&H Construction with a total
bid amount of approximately $10.6M. The City decided to reject the bid and rebid the projects.
The original budget for Phase 2 was in place before the onset of the pandemic. The disruptive
nature of the pandemic, along with the Shelter-in Place Order that began in March of 2020,
caused a worldwide break in supply chains, and in turn instigated a radical shift in market
conditions which resulted in greatly increased building supply and construction costs.
In preparing to rebid the project, Staff and the design team incorporated feedback from the bid
documents that were received and revised the project to include combining the “add alternate”
scope into the base bid to simplify the bidding. The project was rebid and advertised on
September 1, 2021, and six bids were received by the deadline of September 30, 2021.
ANALYSIS:
On September 1, 2021, the project was advertised in accordance with San Rafael’s Municipal
Code. On September 30, 2021, the following bids were received and read aloud:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Business Base Bid Bid Alternate Total Bid Total (including
alternate)
Wickman Development and $8,699,000 $110,000 $8,809,000
Kirby Construction $8,881,213 $250,000 $9,131,213
D.L. Falk Construction, Inc $9,254,000 $600,000 $9,854,000
Buhler Commercial Construction $10,949,043 $175,000 $11,124,043
Sausal Corporation $9,969,000 $170,000 $10,139,000
Arana Group Inc $8,240,696 $117,224 $8,357,920
Fire Station 54 and 55 - Submitted Bids (REBID 09/30/2021)
Arana Group was the apparent low bidder but identified a mistake in their bid and withdrew. The
construction bids have been reviewed by Public Works staff and the new low bid from Wickman
Development and Construction in the amount of $8,809,000 was found to be both responsive
and responsible. City staff recommends awarding the construction contract to Wickman
Development and Construction. The bid includes one add alternate to provide fuel dispensing at
Fire Station 55. Staff recommends accepting the add alternate for the fueling station in the
amount of $110,000. The add alternate value is incorporated into the total contract cost of
$8,809,000. Should Council choose not to incorporate the add alternate, the total contract value
would be $8,699,000. With a ten percent contingency, the total requested authorized amount
will be $9,689,900.
If the City decides to award the construction contract to Wickman Development and
Construction, the City will require construction administration services for the duration of the
construction. Loving Campos Associates Architects (“LCA”) provided design services for the two
fire station projects. Staff recommends that the City Council approve a professional services
agreement with LCA for construction administration services to the City for the duration of the
projects including submittal review and approval, schedule management, change-order review,
weekly site visits, and other support to the City project manager. The full scope of construction
administration services is shown in Exhibit A to the proposed professional services agreement
(Attachment 4). LCA will provide construction administration services in an amount not to
exceed $280,300.
PUBLIC OUTREACH:
City staff from Community Development, Public Works, the Fire Department, and the City
Manager’s Office have participated in extensive public outreach to neighbors and other
interested parties regarding the two projects. Both projects were reviewed by the Design Review
Board and the Planning Commission. The City Council conducted public meetings and
ultimately approved these two Fire Station projects as part of Phase 2 of the Essential Facilities
Strategic Plan. The public will also be contacted prior to demolition and will be noticed prior to
the start of construction activities. For more information on public outreach, please see the
Essential Facilities Public Input webpage.
FISCAL IMPACT:
Staff recommends City Council approve a total project budget amount of $9,970,200, detailed in
the below table. This will be appropriated from the Essential Facilities Capital Projects Fund
(#420). This fund has been accumulating a portion of Measure E tax dollars for the purpose of
these projects and has a sufficient balance set aside to support the total project budget amount.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Bid Total $ 8,809,000
10% Contingency 880,900
Construction Administrative Services 280,300
Total Project Budget $ 9,970,200
OPTIONS:
1. Adopt the resolutions as presented.
2. Adopt the resolution awarding the construction contract to Wickman Development and
Construction without the add alternate, for a total contract amount of $8,699,000 and an
additional 10% contingency of $869,000.
3. Do not award the construction contract and direct staff to rebid the project a third time. If
this option is chosen, rebidding will delay construction by approximately two months.
4. Do not award the contract and provide direction to staff.
RECOMMENDED ACTION:
1. Adopt the resolution awarding and authorizing the City Manager to execute a
construction agreement for the Fire Station 54 and 55 Project to Wickman Development
and Construction in the amount of $8,809,000 and authorizing contingency funds in the
amount of $880,900, for a total appropriated amount of $9,689,900;
2. Adopt the resolution authorizing the City Manager to execute a professional services
agreement with Loving Campos Associates Architects, Inc. for construction
administration, scheduling, and additional services in the amount of $280,300.
ATTACHMENTS:
1. Resolution Awarding and Authorizing the City Manager to Execute a Construction
agreement for the Fire Station 54 and 55 Project to Wickman Development and
Construction in the amount of $8,809,000 and authorizing contingency funds in the
amount of $880,900, for a total appropriated amount of $9,689,900
2. Resolution Authorizing the City Manager to Execute a Professional Services Agreement
with Loving Campos Associates Architects, Inc. for Construction Administration,
Scheduling, and Additional Services in the Amount of $280,300
3. Draft Professional Services Agreement with Loving Campos Associates Architects, Inc.
4. Exhibit A to Draft Agreement – LCA Architects proposal
RESOLUTION NO. 14988
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT TO
WICKMAN DEVELOPMENT AND CONSTRUCTION, INC. FOR THE CITY OF SAN RAFAEL
ESSENTIAL FACILITIES CONSTRUCTION PROJECT – FIRE STATIONS 54 AND 55, IN THE
AMOUNT OF $8,809,000, AND AUTHORIZING CONSTRUCTION CONTINGENCY FUNDS IN
THE AMOUNT OF $880,900, FOR A TOTAL APPROPRIATED AMOUNT OF $9,689,900
WHEREAS, on the 1ST day of September 2021, City staff solicited contractor bids for the
Essential Facilities Construction Project – Fire Stations 54 and 55, City Projects No. 11394 and
11395 respectively; and
WHEREAS, having advertised and solicited construction bids in accordance with the
City’s Municipal Code, sealed bids were received on the 30th day of September 2021 for the
following project entitled “FIRE STATION 54 AND 55” City Project Numbers 11394 and 11395,
in accordance with the plans and specifications therefore on file in the office of the Department
of Public Works; and
WHEREAS, the bid specifications for the project specify that the award of the
construction agreement for the project shall be based upon the lowest bid to the City of San
Rafael; and
WHEREAS, the bid of $8,809,000 from Wickman Development and Construction at the
unit prices stated in its bid, was and is the lowest bid for said work and said bidder is the lowest
responsible bidder; and
WHEREAS, City staff recommends an additional 10% of the bid price for contingencies
in the amount of $880,900;
WHEREAS, there are sufficient funds in the Essential Facilities Capital Projects Fund to
support this contract.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The bid from Wickman Development and Construction, Inc. is hereby accepted at
the unit prices stated in its bid, and the agreement for Essential Facilities
Construction Project – Fire Station 54 and 55, City Project Nos. 11394 and 11395,
is hereby awarded to Wickman Development and Construction, Inc. at the stated
unit prices.
2. The City Manager is authorized and directed to execute an agreement for the
aforementioned project with Wickman Development and Construction, Inc. subject
to final approval as to form by the City Attorney, in the amount of $8,809,000, and to
return the bidder’s bond upon the execution of the agreement.
3. An additional amount of $880,900 (ten percent of the construction award amount)
shall be available as a contingency for the Essential Facilities Construction Project –
Fire Station 54 and 55, and the Public Works Director is authorized to use such
contingency funds to authorize change orders to address unforeseen conditions
during construction.
4. Funds totaling $9,689,900 (award amount of $8,809,000 and contingency of
$880,900) will be appropriated for City Projects No. 11394 and 11395 from the
Essential Facilities Capital Projects Fund (#420).
5. The City Manager is hereby authorized to take any and all such actions and make
changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, 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 18th day of October 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Llorens Gulati
LINDSAY LARA, City Clerk
File No.:
RESOLUTION NO. 14989
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LOVING CAMPOS
ASSOCIATES ARCHITECTS, INC. FOR CONSTRUCTION ADMINISTRATION, SCHEDULING,
AND ADDITIONAL SERVICES FOR PHASE 2 ESSENTIAL FACILITIES PROJECTS - FIRE
STATIONS 54 AND 55, IN THE AMOUNT OF $280,300
WHEREAS, in November 2013, the local voters passed Measure E extending the existing
one-half percent local sales tax and increasing the rate by one-quarter percent to provide funding
to preserve essential city services. This tax supplanted the former, one-half cent transactions and
use tax (Measure S), effective April 1, 2014; and
WHEREAS, the City has since used those resources to plan, design, construct and
manage two new stand-alone fire stations, 52 and 57, and a new Public Safety Center (PSC) that
incorporates Fire Station 51. These three projects, collectively referred to as “Phase 1” of the
City’s Essential Facilities Program, have successfully been completed and occupied; and
WHEREAS, the Essential Facilities program also includes the design, construction and
management of Fire Stations 54 and 55 referred to as “Phase 2”; and
WHEREAS, Loving Campos Architects, Inc. (“LCA Architects”) has provided
architectural and engineering services for the “Phase 2” projects for renovation of Fire Stations
54 and 55; and
WHEREAS, the City successfully bid the Fire Station 54 and 55 Project and has awarded
the construction contract to the lowest responsible bidder; and
WHEREAS, construction administration services are required for the duration of the
project including submittal review and approval, schedule management, change order review,
weekly site visits, and other support to the City project manager;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
1. The City Manager is hereby authorized to execute a Professional Services Agreement
with LCA Architects, in the form included with the staff report for this resolution, subject to
final approval by the City Attorney, for necessary construction administration services in
the amount of $280,300.
2. Funds totaling $280,300 will be appropriated for City Project No. 11394 and 11395 from
the Essential Facilities Capital Projects Fund (#420).
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of said City held
on Monday, the 18th day of October 2021 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Llorens Gulati
LINDSAY LARA, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
FOR CONSTRUCTION ADMINISTRATION AND SCHEDULING SERVICES FOR
PHASE 2 ESSENTIAL FACILITIES PROJECTS - FIRE STATION 54 AND 55
This Agreement is made and entered into this C;T day of 20 � , y
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and L VING CAMPOS
ASSOCIATES, ARCHITECTS, INC. a corporation authorized to do business in California
(hereinafter "CONSULTANT").
RECITALS
WHEREAS, the CONSULTANT has previously provided architectural and engineering
services for the "Phase 2" projects for renovation of Fire Stations 54 and 55; and
WHEREAS, the City successfully bid the Fire Station 54 and 55 Project and has awarded the
construction contract to the lowest responsible bidder; and
WHEREAS, construction administration services and other support to the CITY`s project
manager are required; and
WHEREAS, the CONSULTANT has agreed to render such services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. Fabiola Guillen-Urfer 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Carl Campos is hereby designated as the PROJECT DIRECTOR
for CONSULTANT. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONSULTANT.
CONSULTANT shall perform the duties and/or provide services as outlined in
CONSULTANT's proposal, dated October 8, 2021, marked as Exhibit A, attached hereto and
incorporated herein.
1
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows outlined in Exhibit A.
4. COMPENSATION.
For the full performance of the services described herein by CONSULTANT, CITY shall
pay CONSULTANT on a fixed fee basis for services rendered in accordance with the rates shown
in Exhibit A, for a total not -to -exceed $280,300.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONSULTANT.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for two years commencing upon date of execution of this
agreement. Upon mutual agreement of the parties, and subject to the approval of the City Manager
the term of this Agreement may be extended for an additional period of up to one year.
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 parry'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 CONSULTANT and any and all of CONSULTANT's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT 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.
INSPECTION AND AUDIT.
Revised 1/29/2020
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its performance of its duties under this Agreement. CONSULTANT 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 parry, 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, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONSULTANT's performance of services under this Agreement.
Where CONSULTANT is a professional not required to have a professional license, CITY reserves
the right to require CONSULTANT to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONSULTANT 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. CONSULTANT'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
CONSULTANT 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.
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2. The additional insured coverage under CONSULTANT'S insurance policies
shall 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 CONSULTANT'S policies shall be at least as broad as
ISO form CG20 0104 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, CONSULTANT hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured parry. 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
CONSULTANT under this agreement.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONSULTANT'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 parry. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and
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related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONSULTANT 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 CONSULTANT. Failure to exercise this right shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONSULTANT 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 CONSULTANT'S performance of its
obligations or conduct of its operations under this Agreement. The CONSULTANT'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 CONSULTANT'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
CONSULTANT's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the
event the City Indemnitees are made a parry to any action, lawsuit, or other adversarial proceeding
arising from CONSULTANT'S performance of or operations under this Agreement,
CONSULTANT 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 CONSULTANT 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, CONSULTANT 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, 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 CONSULTANT, 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
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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.
CONSULTANT 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.
CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONSULTANT 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 CONSULTANT do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY's Project Manager: Fabiola Guillen-Urfer
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
TO CONSULTANT's Project Director: Carl Campos
Loving Campos Associates, Architects, Inc.
590 Ygnacio Valley Road, Suite 310
Walnut Creek, CA 94596
Revised 1/29/2020
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, 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 CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONSULTANT and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT
under this Agreement, any monies which CONSULTANT 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.
Revised 1/29/2020
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONSULTANT 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 CONSULTANT 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.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and 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 co
By:
,TIM CHUTZ, City Manager
Nai
Titl
Revised 1/29/2020
ATTEST:
/V
X44vA-
#fLIVDSAY LARA, City Clerk
APPROVED AS TO FORM:
n
b -vi ROBERT P. EPSTEW, City Apmey
Revised 1/29/2020
[!f CONSULTANT is a corporation, add signature of
second corporate officer]
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AV La -imp A K
LCA
ARCHITECTS
A CALIFORNIA CORPORATION
Date: October 8, 2021
Exhibit A
ARCHITECT'S ADDITIONAL SERVICE REQUEST
LCA Project #19073
Project: Fire Stations 54 & 55, San Rafael, CA
Owner: San Rafael Fire Department Public Works Department
Individual. Bill Guerin, Director, Public Works, bill.guerin@cityofsanrafael.org
CC: Fabiola Guillen-Urfer, Fabiola.guillenurferC@citvofsanrafael.org
Subject: Construction Administration, and Limited Construction Management Services for:
Fire Station 54: 46 Castro Avenue, San Rafael, California 94901
Fire Station 55: 955 Pt San Pedro, San Rafael, California 94901
ASR 04
Under the conditions of the Architect's Contract for Professional Services with the Owner, as required, the Architect
notifies the Owner and the Owner hereby authorizes the Architect to perform Additional Services as previously agreed.
Explanation: Per the Client's request, the following has been added to the Scope of Work:
FIRE STATION 54 AND FIRE STATION 55: CONSTRUCTION ADMINISTRATION
1. Provide Architectural and Engineering Construction Administration Services for Fire Station 54 ad Fire Station 55.
2. Provide Limited Construction Management Services for Fire Station 54 and Fire Station 55 to assist you with your
in-house project management.
3. Issue the Certificate of Substantial Completion at the appropriate date, vetted and approved by you.
4. Review and advise on payment applications from the Contractor.
5. Provide one (1) punch list walk-thru of each station and a "final punch list" review walk-thru that confirms that
the project is completed.
6. Provide the appropriate Close -Out documents per our Master Agreement dated June 3, 2019.
7. Assumes there will be one (1) General Contractor for both Fire Stations.
8. Assumes and allows for bi-weekly, Architect only, site observation of the progress of the work and a "final punch
list" review/walk-thru that confirms that the project is completed.
9. Assumes all other weekly meetings will be by videocall (Zoom / Microsoft Teams).
Exhibit A
San Rafael Fire Department Public Works Department
10/08/2021
LCA #19073: ASR 04
Page 2 of 3
10. Represent, advise, and consult with the Owner.
11. Review and respond to properly prepared, timely requests by the Contractor for additional information about
the Construction Documents.
12. Provide periodic site visits to become generally familiar with the site and keep the Owner informed about the
progress and quality of the work.
13. Review and take appropriate action upon Contractor's submittals, such as Shop Drawings, Product Date, and
Samples for conformance to the design intent of the Construction Documents.
14. Construct construction site reviews to assist the Owner in determining project completion dates, and review
payment applications, if required.
*Fire Station 54:
Architectural and Engineering Consultants, Fixed Fee: $115,900.00
(See Exhibit C)
*Fire Station 55:
Architectural and Engineering Consultants, Fixed Fee: $104,400.00
(See Exhibit C)
The fees described in this proposal assumes that there will NOT be a separate professional Construction Management
Firm hired/retained by the City. If the City retains a separate Construction Management Firm, then these fees
will be subject to renegotiation.
* These fees require that both fire stations will be constructed at the same time, by the same General Contractor.
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
San Rafael Fire Department Public Works Department
10/08/2021
LCA #19073: ASR 04
Page 3 of 3
FIRE STATION 54 AND FIRE STATION 55: PROJECT SCHEDULING SERVICES
Provide Construction Management Scheduling Services as follows:
1. Develop and maintain progress reports with the project team in order to inform management of program and
project status.
2. Review Contractor's CPM schedules to verify compliance with specified project requirements, constraints,
milestone dates, and completeness.
3. Analyze critical path and project constraints to determine any impact from changes of schedule; create
recommendations for workarounds.
4. Perform CPM Time Impact Analysis (TIAs) using various methods of analysis and assists project team in
negotiating settlements with Contractors.
5. Prepare Schedule Variance Reports.
6. Develop and maintain project and construction schedule, identify relationships, logic, milestones, and
constraints.
7. Monitor and actively participate in project and program scheduling issues while administering best practices
and standards.
8. Obtain accurate and timely program schedule updates from project teams and performs QA/QC on
information received.
9. Perform Critical Path analyses and Earned Value analyses.
10. Coordinate and attend program and project scheduling and construction progress meetings.
Attachments: Exhibit B — Ron Guelden Resume, Project Manager
Exhibit C — Itemized Summary of Services
L��� �.2 10/08/2021
Carl E. Campos CEO, LCA Architects, Inc. Date
Fixed Fee: $60,000.00
(See Exhibit B and Exhibit C)
Authorization of Additional Services Date
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
LCA
ARCH ITECTS
A CALIFORNIA CORPORATION
City of San Rafael
Fire Station No. 54 & Fire Station No. 55
Construction Manager Resume
September 3, 2021— EXHIBIT B
RON GUELDEN
101 Taylor Road, Tiburon, California 94920
(415)435-2082
Employment:
Construction Management Services
(2015 — Present)
• Fire Station 3, Rohnert Park (recently completed)
Construction Consulting Services
(2015 — Present)
• East Garrison Fire Station, East Garrison, Monterey, CA
• Fire Station 16, Lafayette, CA
• Fire Station 39, Fairfield, CA
• Fire Station 70, San Pablo, CA
Facilities Manager
Contra Costa Fire Prevention District, Pleasant Hill, CA
(2002-2015, Retired)
• Fire District Facilities Manager— Manager of Fire District construction projects for new, relocation, and rehabilitation of
fire stations.
• Professional and Construction Services — Management of architectural, engineering, contracting, and other
professional, technical, and out -sourced services for construction and related projects at fire stations and facilities.
■ Facilities Maintenance — Supervision of one Fire Maintenance Worker. Manager contracts for facilities maintenance
services. Fire District facilities include (30) fire stations, (1) training camp, (1) warehouse, (1) apparatus shop, (2)
administration centers, (1) communications center, and (6) bare parcels totaling (15) acres.
■ Real Property — Acquisition and disposal of property for fire stations.
• Fueling Facilities — Construction, repairs, reporting, testing, and management of (25) fueling stations.
• ADA Compliance and Risk Management
■ Hazardous Materials — Coordination, implementation, and reporting of hazardous materials; coordinate and manage
hazardous materials testing and abatement including asbestos, mold, site pollution.
• Implementation of Developer Fees—Coordination and implementation of Fire District Developer Impact Fees and
production of Capital Improvement Plan.
Facilities Manager, Assistant Director of Housing Operations
Housing Authority of the County of Contra Costa, Martinez, CA
(1997 —2002)
• Property Management/ Facilities Maintenance —Overall supervision of (4) Maintenance Supervisors and (25) full-time
Maintenance Mechanics. Facilities include (1,280) units of public housing, (8) maintenance shops, (7) clerical offices, (1)
central administration office, and (1) purchasing / warehouse facility.
• Lease Management— Lease administration for non-residential Housing Authority Labor Relations Committee.
Representative on management negotiating team for (2) 3 -year labor contracts (1998 — 2004).
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
San Rafael Fire Department Public Works Department
9/30/2021
Page 2 of 2
• Purchasing/ Warehousing—Supervision and contract administration for Housing Authority vehicle fleet.
• Contract and Administrative Services — Compose, negotiate, and complete contracts for vendor services. Complete and
maintain tenant utility allotments for income rental allocations.
• Technical Services— Provide technical, reference, and informational services for agency personnel.
• Insurance, Safety, and Risk Management — Chair of the Safety Committee of the California Housing Authority Risk
Management Association (a JPA for Housing Authority general insurance). HACCC Safety Coordinator. Co-chair for
HACCC Senior Safety Committee. Team leader for collective employee risk management.
Project Manager, E. Elliott & Associates, Inc.
Commercial and Industrial Repair and Engineering Martinez, CA
(1981-1977)
• Project Supervisor— Supervision of operational activities and contracts. Direct supervisor of leadmen and employees of
all construction trades and sub -contracted services. Scheduling and projections of employees, work orders, ad
contracts.
■ Customer Accounts — Primary customer contact for all phases of project completion. This includes estimating, cost
accounting, contract negotiations, and client relations.
• Purchasing— Procurement by competitive quotation for materials and services for client projects and business services.
Best source purchasing for routine business needs.
• Quality Control / Quality Assurance — Ensure compliance with government, customer, and regulatory agencies, QC / QA
requirements.
Education & Certification:
• Bachelor of Science, Business Administration—June 1977
o Humboldt State University, Arcata, CA
• General Engineering Contractor (Class A); General Building Contractor (Class B)
o California Contractors State License Board, License No. 706751 (Maintained inactive)
• Certified Facility Manager, Retired in 2015
o International Facility Management Association
• Advanced First Aid (First Responder) Cardiopulmonary Resuscitation
o American Red Cross
Exhibit C — Itemized Summary of Services
Construction Administration for 12 months: Fire Stations 54 & 55: $220,300.00
Project Scheduling Services: $60,000.00
Total: $280,300.00
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
