HomeMy WebLinkAboutPW City Hall Space Planning to Combine Fin and HR DepartmentsAGREEMENT FOR PROFESSIONAL SERVICES
FOR SAN RAFAEL CITY HALL SPACE PLANNING TO COMBINE FINANCE AND HR
DEPARTMENTS
This Agreement is made and entered into this ILd ay of .20�y
and between the CITY OF SAN RAFAFL (hereinafter "CITY'), and La ng Campos Associates.
Architects, Inc., a corporation authorized to do business in California (hereinafter
"CONSULTANT").
RECITALS
WHEREAS, the CITY requires professional architectural services to combine the Finance
and HR departments; and
WHEREAS, the CONSULTANT has agreed to render such set -vices.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COO RDINAT ION.
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 March 10, 2022, marked as Exhibit A, attached hereto and
incorporated herein.
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 $14,500.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONSULTANT.
5. TERM OF AGREEMENT.
The tern of this Agreement shall be for one year 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.
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 cute
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 tennination, 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 perfonnance 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.
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 und erthis Agreement. CONSULTANT shall fully cooperate with CITY
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or its agent in any such audit or inspection.
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 tenn 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
onemillion 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 underthis 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 perfonnance of services under this Agreement.
Where CONSULTANT is aprofessional not required to have aprofessional 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.
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
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"primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as
I SO form CG20 0104 13.
3. Except for professional
insurance, the insurance policies shall include,
contractual liability and personal injury.
liability insurance or worker's compensation
in their text or by endorsement, coverage for
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 dateof 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 (i f 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. Furthennore, 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 eitherthe 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 CONSULTANT shall procure a bond guaranteeing payment of losses and
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
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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 party 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 underthis 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 pennitted 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 detennined 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 hannless 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
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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 anyway, 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 orpermitted to begiven underthis 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
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
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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 tothe
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 terns 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. WAIVF,RS.
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
otherterm, covenant, condition, ordinance, law orregulation, or of any subsequent breach or violation
of the same or other tenn, 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 d eemed to be a waiver of any preceding breach or violation
by the otherparty of any term, cond ition, covenant of this Agreement or any applicable law, ordinance
or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
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(including claims administration) and attorney's fees expended in connection with such action
21. CITY BUSINESS LICENSE/OTHER TAXES.
CONSULTANT shall obtain and maintain d wring 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 fed eral taxes and any other applicable taxes. CITY shall not be requ ired to pay for any
work performed under this Agreement, until CONSULTANT has provided CITY with a completed
I nternal Revenue Service Form W-9 (Request for Taxpayer I dentification Number and Certification).
22. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (ortermination) 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.
Revised 1/29/2020
CITY OF SAN RAFAEL
JIM (7y
, City"
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
ROBERT F.EPSTEIN,Cit} Attorney
Revised 1/29/2020
CONSULTANT
Title: C1400
[If CONSULTANT is a corporation; add signature of
second corporate officer]
Exhibit A
LCA
ARCHITECTS
A CALIFORNIA CORPORATION
March 10, 2022
Fabiola Guillen-Urfer
Senior Project Manager
Department of Public Works
City of San Rafael
M: (415)720-9588
Sent Via Email: Fabiala.guillenurfergcitvofsanrafae[.bre
Reference: San Rafael City Hall Space Planning to Combine Finance and HR Departments
1400 Fifth Ave, San Rafael, CA 94901
LCA Project #19102.2
Dear Fabiola,
Per your request, we agree to provide professional architectural services for your San Rafael City Hall project site located
at 1400 Fifth Ave, San Rafael, CA 94901.
1. My understanding of your needs is as follows:
A. You are combining the Finance and HR Departments.
B. There is an existing wall that divides the Finance Department and the HR Department in the City Hall Building of
San Rafael.
C. You want us to create a Conceptual Space Plan that explores the removal of the existing dividing wall to open up
the space that would accommodate the 12 team members on staff.
D. The Finance side currently contains three (3) private offices, one (1) file storage room with high density files, one
(1) built in vault, and a large open space with five (5) cubicles.
E. The HR side of the wall currently contains two (2) private offices, one open space with two (2) cubicles, and one
(1) storage/copy machine room.
2. Deliverables:
A. An initial site visit to confirm and photograph the existing conditions and meet with City Staff, as required.
B. A CAD -generated, Conceptual Space Plan that incorporates the removal of the existing wall that divides the
Finance and HR Departments that will accommodate 12 staff members, (includes up to two (2) revisions).
Architect Fixed Fee: $12,500.00
This work/fee does not include any consultants which would be subject to a future agreement.
Our services for this work will be on a Fixed Fee Basis. This fee arrangement is for LCA Architects' services only and does
not include any consultant such as structural engineers, mechanical and plumbing engineers, electrical engineers,
landscape architects, civil engineers, traffic consultants, and the like.
Copies, prints, CAD 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.
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 9 to 12 months. This fee proposal is
good for 60 days.
Fabiola Guillen-Urfer
3/10/2022
LCA #19102.2
Page 2 of 5
We have staff available who can start this work as soon as you release us to do the work and sign our agreement.
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. 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.
GENERAL CONDITIONS
The following are the General Conditions of the Architect, LCA ARCHITECTS, INC., and the Owner, CITY OF SAN RAFAEL
DEPARTMENT OF PUBLIC WORKS, agree as follows:
1. The Owner shall furnish the Architect with a certified survey showing existing contours, boundaries, easements, tree
locations, structures, utility locations and grading information. The Owner shall furnish the Architect with a current
and up-to-date Title Report. The Owner shall be responsible for all required documents to secure approval of all
governmental and/or other authorities having jurisdiction over the project. The Owner shall provide for all legal
services required for the development of this project.
2. Termination of this agreement may be initiated at any time by either party with 15 days written notice. Owner
agrees to remunerate the Architect for his services to date of notification.
3. In the event of cancellation of architectural services, the Owner shall be billed only for that portion of work
completed.
4. The Architect is to be equitably paid for changes to approved schemes, delays, errors and/or insolvency of others
that cause him or his consultants to perform additional services.
5. Arbitration: All questions in dispute under this agreement may be submitted to arbitration in accordance with the
Provisions of the American Arbitration Association.
6. In the event any party files an action or arbitration procedure with relation to a dispute arising out of this contract,
the prevailing party is entitled to recover reasonable attorney's fees and costs associated with this procedure.
7. 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 other
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 copy (.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 form.
8. This work is covered by the Mechanics Lien Laws of the State of California. The Architect may elect to file preliminary
lien notices to the landowner and all parties involved.
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
Fabiola Guillen-Urfer
3/10/2022
LCA #19102.2
Page 3 of 5
9. 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 and
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.
10. Carl Campos. David Bogstad, and Peter Stackpole may not be able to personally represent this project at every
meeting or public hearing. A senior professional employee will be available to represent the Architect in the event a
principal is not available. PETER STACKPOLE will be the Principal -in -Charge.
11. The Owner agrees to hold harmless, indemnify, and defend the Architect, its employees, and subconsultants from
and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense,
arising out of or in any way connected with the presence, discharge, release, or escape of contaminants, or noise
pollution of any kind, excepting any such liability as may arise out of the willful misconduct or sole negligence of
Architect in the performance of services under this agreement.
12. 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, and 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 the 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.
13. Notwithstanding any other provision in this Agreement to the contrary, nothing herein contained shall be construed
as constituting a guarantee, warranty or assurance, either express or implied, that the architectural services will
yield or accomplish the expected or desired outcome for the project; or obligate the Architect to exercise
professional skill or judgment greater than that which can reasonably be expected from other architects under like
circumstances; or an assumption by the Architect of the liability of the other party. Nothing contained in this
Agreement shall create a contractual relationship with or cause of action in favor of a third party against either
Owner or Architect.
14. Betterment: if a required item or component of the Project is omitted from the construction documents, neither
Architect, nor his subconsultants shall be responsible for paying the cost required to add such item or component to
the extent that such item or component would have been required and included in the original construction
documents. In no event will the Architect or his subconsultants be responsible for any cost or expense that provides
betterment or upgrades or enhances the value of the Project.
15. Shop Drawings Review: the Architect shall review and approve or take other appropriate action on the Contractor
submittals, such as shop drawings, product data, samples and other data, which the Contractor is required to
submit, but only for the limited purpose of checking for conformance with the design concept and the information
shown in the Construction Documents. This review shall not include review of the accuracy or completeness of
details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods,
coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility
of the Contractor. The Architect's review shall be conducted with reasonable promptness while allowing sufficient
time in the Architect's judgement to permit adequate review. Review of a specific item shall not indicate that the
Architect has reviewed the entire assembly of which the item is a component. The Architect shall not be responsible
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
Fabiola Guillen-Urfer
3/10/2022
LCA #19102.2
Page 4 of 5
for any deviations from the Construction Documents not brought to the attention of the Architect in writing by the
Contractor. The Architect shall not be required to review partial submissions or those for which submissions of
correlated items have not been received.
16. Stop Work: Architect shall have the right to stop providing the Services and keep the project idle if any payment is
not made to Architect in the manner and time provided under this Agreement. Architect shall not be obligated to
render any Additional Services until all payments due are received by Architect. Owner acknowledges and
understands that in the event that Architect is required to suspend the Services because of Owner's failure to make
timely payment under this Agreement, Architect will suffer damages in the form of increased costs to resume the
Services on the Project, and Owner agrees to reimburse Architect for all such sums in accordance with this
Agreement. Owner shall remain obligated to pay Architect for all Services performed through the date of
termination.
17_ Neither the Architect nor the Consultant Team shall have control over or charge of, neither shall they be responsible
for, the construction costs, means, methods, techniques, sequences, or procedures, not for safety precautions, and
programs in connection with the Architect's or Consultant team's portion of the project, since these are solely the
Contractor's rights and responsibilities under the Contract Documents.
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.
CEC:mk:prpsl54
Enclosure: Exhibit A — LCA Hourly Fee Schedule
Agreed and Accepted:
Authorized Signature
Printed Name
Date
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
Fabiola Guillen-Urfer
3/10/2022
LCA #19102.2
Page 5 of 5
EXHIBIT A
LCA ARCHITECTS, INC.
2022 HOURLY FEE SCHEDULE*
DESCRIPTION
HOURLY RATE
Principal
$220.00
Associate
$190.00 to $200.00
Project Manager
$200.00
Construction Manager
$165.00 to $190.00
$170.00 to $190.00
$195.00
Project Architect
Quality Control Manager
Specifications Writer
$195.00
Job Captain
$150.00 to $185.00
Designer
$125.00 to $180.00
CAD Tech
$125.00 to $150.00
$120.00 to $135.00
Project Coordinator
Administration/Research/Presentations
$90.00 to $135.00
$125.00
Clerical
Architectural Animation — Preparation of computer-
$180.00/hr.
generated views, renderings and simulations of architectural
interiors and exteriors. Preparation of video "fly-by's,"
walkthrough's, and other simulations.
Expert Witness— Review of documents, meetings, site visits,
telephone conferences, administration of the documents and
$500.00/hr,
materials, research, deposition, testimony, court
appearances, and travel time.
Perspective Sketches and Renderings, Visual Simulations
On a Per Drawing Basis
Mileage (outside of the Walnut Creek area)
0.585/mile**
**as adjusted by IRS guidelines
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 01/01/2022. Subject to change quarterly.
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-a rch itects. co m
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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: Ashley Dohrmann (for Faby) Extension:
Contractor Name: LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC.
Contractor's Contact: Carlos Campos Contact's Email: ccampos@Ica-architects.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DEPARTMENT
Project Manager
2 1 City Attorney
3
4
5
6
7
Department Director
Project Manager
Project Manager
DESCRIPTION
a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
Approval of final agreement form to send to
contractor
Forward three (3) originals of final agreement to
contractor for their signature
When necessary, contractor -signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
$75,000; and for Public Works Contracts that exceed $175,000
Date of City Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
Project Manager Forward signed original agreements to City
_ Attorney with printed copy of this routing form
City Attorney Review and approve hard copy of signed
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 1 City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED REVIEWER
DATE Check/Initial
Click here to
❑
enter a date.
4/15/2022
5/4/2022 ® LG
5/4/2022 ❑p LG
5/5/2022 ® BG
5/5/2022
X❑ N/A
Or
5/6/2022
0/sov
s/io12027
AD