HomeMy WebLinkAboutPW Master Services Agreement; Task Order No. 59 Spinnaker Point Parking ModificationsCity of San Rafael
MASTER CONSULTANT SERVICES AGREEMENT
DATED DECEMBER 17, 2019
WITH GATES + ASSOCIATES
TASK ORDER NO. 59
Landscape Architectural Discipline
Spinnaker Point Parking Modifications
Contract Amount: $9,840
THIS TASK ORDER is entered into on November 16 , 2021 between the City of San
Rafael, a municipal corporation ("City"), and Gates + Associates, ("Consultant").
RECITALS
A. The City and Consultant have entered into a Master Consultant Services Agreement
("Agreement") dated December 17, 2019 under which Consultant has agreed to perform certain
professional consulting services for the City; and
B. Pursuant to the terms of the Agreement, the City wishes Consultant to perform certain
tasks as set forth in this Task Order, which constitute the Project;
NOW, THEREFORE, City and Consultant agree as follows:
AGREEMENT
I . Scope of services. Consultant shall provide any and all of the services set forth in Exhibit A of
this Task Order, dated September 29, 2021, as directed by the City.
Chuck Gardella shall be the Project Manager for Consultant for this Task Order. Additional professional
services may be performed by other Consultant staff with prior notice and approval by City.
a. City's duties. The City will:
(1) Determine the scope of services, as set forth in Exhibit A.
(2) Make available the project plans and specifications and other City data related to the
project, including full information as to the City's requirements.
(3) Designate JC Agcaoili as the person at the City responsible for monitoring performance
under this Task Order.
b.Consultant duties. The Consultant will:
(1) Provide and perform tasks identified in Exhibit A, Scope of Services.
(2) Provide miscellaneous consulting and other services related to the Project and not
stipulated elsewhere in this Task Order, when requested by the City in writing. A Task
Order Amendment is required if these additional services cannot be performed within the
Task Order budget.
Rev. May 2021
City of San Rafael Master Consultant Services Agreement
Task Order
2. Date of completion; Work hours estimate; Cost estimate and budget; Fee schedule.
With regard to each project given to Consultant that is subject to this Task Order, the time of completion,
work hours estimate, cost estimate and budget and fee schedule are set forth in Exhibit A to this Task Order.
Authorization to proceed.
The City will give Consultant authorization to proceed with the work specified in this Task Order only after
Consultant submits updated insurance certificates and endorsements, in accordance with Section 10 of the
Agreement.
Master Agreement terms; Conflicts.
Except as expressly otherwise provided herein, all terms of the Agreement shall apply to Consultant in the
performance of work pursuant to this Task Order. If there is a conflict between this Task Order and the
Agreement, this Task Order shall control.
4. Amendment of Task Order; Connicts.
Except as provided in Section 1(b)(2) above, this Task Order may not be modified except by an Amended
Task Order executed and approved in the same manner as the Task Order.
Signatures. The parties have executed this Task Order, as of the date first written above.
CITY OF SAN RAFAEL
By:
Bill Guerin, Public Works Director
Contents ap roved:
By: Zk4&4&'
Alfril Miller, Assistant Public Works Director
Reviewed B
By.
bfl Robert F. Epstei"Citytorney
2
Rev. May 2021
CONSULTANT
>' 1
By: (, (I
Name: Casey Case
Title: Managing Partner
(if Consultant is a corporation, add signature
of second corpora officer)
By:
Name: Linda Gates
City of'San Rafael Master Consultant Services Agreement
Task Order
Title. Partner
Exhibits:
A Scope of work dated September 29, 2021, time of completion, work hours estimate, cost
estimate and budget, and fee schedule (Consultant's current hourly rate)
3
Rev. May 2021
Exhibit A
GATESILANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN
+ASSOCIATES
September 29, 2021
City of San Rafael
April Miller
111 Morphew Street San Rafael, CA 94901
415.485.3409
april.miller@cityofsanrafael.org
Dear April,
Thank you for the opportunity to submit the following proposal for landscape
architectural services for Spinnaker Parking in San Rafael, CA.
Please call me with any questions you have. If the attached workscope is acceptable,
please sign a copy of this letter and return to us for our files.
Sincerely,
Chuck Gardella
Principal I Gates+Associates
1655 N. MAIN STREET STE 363 1 WALNUT CREEK, CALIFORNIA 94996 1 T 923.736.8176 1 WWW. DOATES.COM
Spinnaker Parking, San Rafael, CA
September 9, 2021
Page 2
SCOPE OF SERVICES
This agreement is made as of September 29, 2021 by and between Gates + Associates, (GATES)
[California License No. 6032], a California corporation, and the City of San Rafael (Client).
As provided in this Agreement, GATES will provide landscape architectural services for the following
project (the "Project"):
(Project Description)
Street median and parkway landscape and irrigation improvements to the existing Canal Street.
BASIC SERVICES
A. Construction Documents
1. Work with the Client and Project Team to review schedule and refinements of
design documents to be shown in the construction documents.
2. Preparation of construction documents including:
a. Cover sheet, notes, and legends
b. Planting plans and details
C. Irrigation plans, details and water budget calculations.
3. Coordination with Civil Engineer regarding site grading, utility conflicts and storm
water strategy.
4. Planting and Irrigation specifications using City Standard Format
5. Provide electronic plans for coordination, pricing, City Submittal at 95% and
100%.
6. Day-to-day coordination with Design Team as required.
7. Prepare revisions to the Construction Documents based on one set of
consolidated, non -contradictory comments from the 95% Plans and
Specifications provided by the City of San Rafael.
PRODUCTS:
Plans and Specifications 95% and 100% (electronic)
MEETINGS:
Client / Project Team 3
B. Construction Support
1. Review and respond to submittals and RFIs.
2. Preparation of clarifications drawings, coordination with Contractor and Project
Team as required.
3. A representative of GATES shall make two site visits (one for planting and one for
irrigation) to ascertain if the landscape work is generally proceeding in
conformance with the drawings and specifications. On the basis of such on-site
observations, as landscape architect, GATES shall keep the Owner informed of
GATES "
+ASSOCIATES
Spinnaker Parking, San Rafael, CA
September 9, 2021
Page 3
the progress and quality of the work. Additional construction observation
requested by the Client shall be billed as additional services.
MEETINGS:
Site Visits 2
II. ADDITIONAL CONDITIONS
A. Meetings
1. Attendance at the aforementioned meetings is included in the scope of work.
This proposal assumes that each meeting is a maximum of four (4) hours.
2. Additional meetings are not in the scope of this proposal and would be billed at
the hourly rates described in Item IV.
B. Client shall provide all existing information necessary for the completion basic services as
described in this letter of agreement.
C. The work described in Item I shall be performed as one set of Construction Documents.
Splitting the project into more than one phase of construction or more than one project
may require an increase in the fee shown in Item IV.
D. Opinions of Probable Construction Cost prepared by GATES are approximate only and do
not take into account future market conditions or contractor's bidding methods. GATES
has no control over costs of labor, materials or equipment and GATES estimates cannot
be guaranteed.
E. GATES is not responsible for means, methods, sequences, techniques and procedures of
construction or for safety precautions associated with construction.
F. GATES will endeavor to coordinate the surface grading and drainage work with the work
of the project Civil Engineer as part of this contract. Grading plans, area drains with rim
elevations, underground piping, invert elevations and connections to the storm sewer
system are to be shown by the project Civil Engineer and are not a part of this contract.
G. Regarding on -structure / podium (as opposed to at -grade) work, GATES will show all
work above the waterproofing in landscape areas. All work related to architectural or
structural waterproofing shall be shown by other consultants. All work such as drainage,
irrigation, or electrical piping, sleeves, or chases inside or below the structural slab, or
inside the building, and connections thereto shall be shown by other consultants. GATES
will endeavor to coordinate its work with that of other consultants as part of this
contract.
H. Regarding site lighting, GATES shall show light locations. All electrical, structural and
mechanical engineering shall be shown by other consultants. GATES will endeavor to
GATES
+ASSOCIATES
Spinnaker Parking, San Rafae', CA
September 9, 2021
Page 4
coordinate its work with that of other consultants as part of this contract. Al;
photometric studies per others.
I. Regarding Geo Technical Soils Services, GATES will rely on soils reports and geo-technica;
information provided by client. Geotechnical services are not part of this contract.
J. Regarding Agency and City Submittals, GATES will provide electronic copies of plans to
client / engineer or Architect for submittal, Coordination of City permitting not a part of
this scope.
III. COMPENSATION FOR SERVICES
A. The fee for the services indicated in Item I of this proposal shall be:
A. Construction Documents $6,940.00
B. Construction Administration $2,900.00
TOTAL $9,840.00
+ reimbursables
B. For billing procedures, see Appendix A.
C. Limit of Work Diagram:
ALBERT J. BBBB
CMA"Jin CUM.
GATES`
+ASSOCIATES
Spinnaker Parking, San Rafael, CA
September 9, 2021
Page 5
IV. ADDITIONAL SERVICES
A. Any extra services, including additional work or meetings, requested by the Client in
addition to those indicated in this proposal shall be billed at the hourly rate listed below
in addition to the fee indicated in Item III above.
Hourly Fees for Services of:
Rate Per Hour:
Partner
$190.00-$225.00
Principal
$160.00 - $195.00
Associate Principal
$140.00 - $165.00
Senior Associate
$130.00 - $145.00
Job Captain
$120.00 - $135.00
Sr. Irrigation Designer
$145.00 - $170.00
Irrigation Design Technician
$95.00 - $115.00
Sr. Visual Communications Designer
$130.00 - $155.00
Marketing Coordinator
$95.00 - $145.00
Administrative/Drafter
$90.00 - $125.00
Note: The hourly rates shown may be revised as described in Appendix A, but would not affect the
amount of compensation shown in Item III.
B. Additional services shall include but are not limited to the following:
1. Revisions to the design following commencement of the Construction
Documents Phase.
2. Additional meetings to those described above.
3. Preparation of front end (boilerplate) non-technical specifications.
4. Horticultural consulting and soils analysis.
5. Prepare a Preliminary Opinion of Probable Cost broken down into major
categories.
6. Separate permit drawings for Marin Water
Accepted by:
Date:
April Miller,
City of San Rafael
GATES
+ASSOCIATES
Spinnaker Parking, San Rafael, CA
September 9, 2021
Page 6
APPENDIX A
TERMS AND CONDITIONS OF AGREEMENT BETWEEN CLIENT
AND DAVID L. GATES AND ASSOCIATES, INCORPORATED
The following additional terms and conditions are appended to, and part of, the Agreement for
professional services between Gates + Associates, Inc., (GATES) [California License No. 6032], a California
corporation, and City San Rafael (Client), dated (September 29, 2021).
1. GATES will provide the Scope of Services as described. GATES agrees to perform the services set
forth in this agreement, and Client agrees to pay for said services on the terms set forth in this
agreement.
2. Additional Services not set forth in the Scope of Services include, but are not limited to, changes in
the scope or detail of the work made at the request of Client; services made necessary by unforeseen
conditions not disclosed to GATES at the time of entering into this agreement; and any other service
performed by GATES not reasonably within the scope of the services envisioned at the time of
entering into this agreement. All additions to the scope of work shall be in writing, and executed by
the Client.
3. GATES's Fees shall be as described in the Scope of Services, plus Expenses. Expenses of consultants
and other direct expenses shall be paid by the Client in the amount invoiced to GATES's plus ten
percent (10%) for handling and indirect costs. These may include, but are not limited to irrigation
consultants, printing and reproduction costs, mileage and travel costs, and other miscellaneous
expenses.
4. Additional Services, requested and authorized by the Client, shall be paid on an hourly basis at the
current standard scheduled rates below. GATES's hourly rate schedule may be adjusted on January 1
and July 1 of each year and shall apply for any services rendered after that date.
Hourly Fees for Services of:
Rate Per Hour:
Partner
$190.00-$225.00
Principal
$160.00 - $195.00
Associate Principal
$140.00 - $165.00
Senior Associate
$130.00 - $145.00
Job Captain
$120.00 - $135.00
Sr. Irrigation Designer
$145.00 - $170.00
Irrigation Design Technician
$95.00 - $115.00
Sr. Visual Communications Designer
$130.00 - $155.00
Marketing Coordinator
$95.00 - $145.00
Administrative/Drafter
$90.00 - $125.00
5. Invoices for Services and Reimbursables shall be provided by GATES each month and are payable
upon receipt, You agree to rev'ew the 'nvoice and ask any questions of GATES within ten (10) days of
receipt. If we do not hear from you, the invo ce shall be deemed proper and acceptab e. f your
GATES r
ASSOCIATES d.—f
Spinnaker Parking, San Rafael, CA
September 9, 2021
Page 7
balance is not paid within thirty (30) days from receipt, the unpaid balance will accrue interest at ten
percent (10%) per annum compounded daily until paid in full.
6. GATES reserves the right to suspend work in the event invoices are past due. GATES may
recommence work when full payment is received, including collection costs, attorney fees, and other
costs, or other satisfactory arrangements are made with the Client. If a delinquency by Client occurs
and GATES chooses not to suspend work, no waiver or estoppel shall be implied or inferred. Client
agrees and understands that if GATES decides to so suspend its work, GATES shall not be liable for
any costs or damages, including but not limited to delay and consequential damages, to the Owner,
Client, or any other third party, that may arise from or be related to such a work suspension. Client
agrees to hold GATES harmless from and completely indemnify GATES from and against any and all
damages, costs, attorney's fees, and/or other expenses which GATES may incur as a result of any
claim by any person or entity arising out of such a suspension of work.
7. If any litigation, arbitration, or other legal action arising out of this contract ensues, the prevailing
party shall be entitled to, without limitation, reasonable attorney's fees, collection expenses, expert
fees, and costs.
8. This Agreement may be terminated by either Client or GATES by giving written notice at least thirty
(30) days prior to the date of termination. In the event of such termination, Client shall pay GATES
for Services and Reimbursable Expenses performed or incurred prior to the termination date, plus all
costs and expenses directly attributable to such termination for which GATES is not otherwise
compensated.
9. Plans, drawings and specifications or other writings or documents prepared or provided by GATES
hereunder are prepared for specific use by the Client on this Project only. Client agrees not to use
the whole or part of said plans, drawings, and specifications or other writings or documents prepared
or provided by GATES for other projects or extensions to the Project or any other purpose without
the express written consent of GATES. GATES shall provide Client with a reproducible set of drawings
and specifications for its records. Client further agrees to hold GATES harmless from and indemnify
GATES from and against any and all damages, losses, costs, and/or expenses, including attorney's
fees, which GATES may incur as a result of a claim by any party or entity, arising out of an
unauthorized use of said plans, drawings, specifications, and/or documents.
10. Client agrees that GATES's liability for negligence to Client shall be limited to the amount paid by
Client hereunder for GATES's fees for Basic Services and Additional Services.
11. This Agreement represents the entire Agreement between Client and GATES. This Agreement may
be amended only by a writing signed by both Client and GATES.
12. This contract shall be governed by the laws of the State of California and shall be deemed to have
been entered into in Walnut Creek, California, regardless of where it is physically executed. If suit or
arbitration is filed to enforce this contract, the parties consent to personal jurisdiction in the courts
of Contra Costa County, State of California, and waive the right to have the suit brought in, tried in, or
removed to any other judicial jurisdiction.
GATES r
'ASSOCIATES 1