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HomeMy WebLinkAboutPW Construction Management Services for the Downtown Library Renovation ProjectAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND UNICO ENGINEERING INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE DOWNTOWN LIBRARY RENOVATION PROJECT This Agreement is made and entered into as of q 11(P1ZQLq(the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and UNICO ENGINEERING INC., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated August 20, 2024 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit Rev 08.22 rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed $210,536.82 CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on March 1, 2026. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Andrew Powell, Junior Engineer, 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. Cesar Montes de Oca 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. 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. 6. 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 under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, 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' 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, v 08 22 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 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. 11. 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. 12. 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. 13. 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. v 08 22 4 14. 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: Andrew Powell, Junior Engineer I I I Morphew Street San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Cesar Montes de Oca 110 Blue Ravine Rd #101 Folsom, CA 95630 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. 16. 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. 17. 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, v 08 22 agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. 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 ofthis Agreement or any applicable law, ordinance or regulation. 19. 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. 20. 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, and 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). 21. 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. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. 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. v 08 22 6 [Signatures are on the following page.] v0822 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: j44�� 1", 'z (WINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the Cit►ttorney .!/ By: City ATTEST: City Clerk CONSULTANT: . !ej OCa Sep!0. 202 t67EDT, By: UNICO Engineering Name: Cesar Montes de Oca Title: President [If CONSULTANT is a corporation, add EPSTEN signature of second corporate officer] LINDSAY LARA, City Clerk v 08 22 8 By: Name: Title: EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev. 08 22 A- I 1CO c Ei 1 Psi P e_ R 3 N G August 20, 2024 Exhibit A April Miller I Director of Public Works City of San Rafael I Department of Public Works 1400 Fifth Avenue San Rafael, CA 94901 1485 Civic Court, Suite 1500 Concord, CA 94520 www.unicoengineering.com • 916.900.6623 Subject: Proposal to Provide Construction Management Services for Downtown Library Renovation Project Dear Ms. Miller, Thank you for the opportunity to provide a proposal for construction management services for the above referenced project. The attached proposal outlines the specific work effort required to meet the goals of your project as we understand them. Our team is dedicated to partnering with our clients to develop trust -based relationships centered on moving their projects forward. Once we have confirmed that this proposal meets with your needs, we will meet with you to discuss the tasks to be done and your required schedule for completion. As the President of UNICO, I am authorized to bind the company into a contract with the City and can be reached at 530.903.9023 or via email at cesar@unicoengineering.com. Principal in Charge, Carlos Melendez, is also available to answer questions and can be reached at 510.385.0506 or via email at cmelendez@unicoengineering.com. We look forward to working with the City on this project. Sincerely, UNICO Engineering, Inc. cj��L Cesar Montes de Oca, PE President Client Focused 9 Quality Driven *0* U N 1 � 0 GIN E aR)r.i0 PROJECT UNDERSTANDING The City of San Rafael plans to renovate the Downtown Library. Funding will come from two California State Library grants. The project has a duration of 192 calendar days with construction scheduled to begin in September 2024. The project scope includes selective demolition to the existing building interior; construction/installation of new interior walls, doors, interior glazing, ceilings, and finishes; compliance with current life safety codes; installation of an interior lift; and modifications to building systems (HVAC, electrical, lighting, telecommunications, audio/visual, and plumbing). The project will conform to the 2022 California Building Codes. SCOPE OF WORK ' ' " Listed below is our approach and procedures broken down by tasks for the typical CM scope items that will be used to successfully manage this project. During the first few weeks of the project, UNICO will: • Meet with project stakeholders to clearly define project expectations, goals, team roles, responsibilities and procedures for how we will accomplish those goals. • Complete a detailed site investigation to document existing conditions. • Review the contract documents (plans and specifications), City Standards, and applicable building codes. • Review the Contractor's Schedule of Values. • Review and analyze the Contractor's baseline schedule. • Coordinate with the City and establish a project filing system to organize electronic files and hard copies for project documents. • Schedule, coordinate, and conduct the pre -construction meeting. Meeting attendees will include staff from the City, Contractor, UNICO, and Architect. UNICO will prepare and distribute the meeting agenda and minutes. • Develop the logs to be used to verify and document that project requirements are completed. These include: submittal log to identify required submittals and highlight time sensitive submittals; a testing and special inspections log to list required materials testing and special inspections; an issues/potential change order log to document issues/potential changes to the contract; a contract change order log to document official changes to the contract; and a closeout log to list items required to successfully close out the project. Schedule Management Prior to the pre -construction meeting, UNICO will request a draft baseline schedule from the Contractor. We will review and analyze the draft baseline schedule for conformance with the contract documents. The review of the Contractor's baseline schedule includes a detailed review of activity logic, duration, level of detail, inclusion of long -lead procurement Client Focused • Quality Driven Page l 2 ****UNICO G 1 h; P items, and contract restrictions. Once the draft baseline schedule is established and approved, copies will be distributed to project stakeholders. Deliverables: Preconstruction meeting agenda and minutes Electronic Project Files Index o ►T 0 ►�11�� ► e �� ► Communication and Coordination UNICO will prepare monthly reports to document project status and pertinent project issues. Reports will be sent to the City and project stakeholders. We will act as the liaison between the City, Contractor, design team, and project stakeholders to provide effective and timely communications. We will collaborate with the City, City's vendors, Library staff, and the Contractor on OFOI and OFCI items to confirm that equipment is ordered, delivered, and installed without impacting the construction schedule. We will work with the City and Library staff to develop a post -construction move schedule. UNICO will coordinate with the Contractor to verify necessary permits and inspections are obtained and scheduled with Building Department and Sanitary District. Meetings UNICO will organize, plan, and chair the pre -construction meeting, weekly progress meetings, and various coordination meetings as necessary to facilitate project communication and success. Weekly progress meetings will be used to coordinate and report on work progress, including the status of submittals, RFIs, change orders, potential change orders and if applicable, safety concerns. The meetings will also be used as a tool to identify specific tasks necessary for project success and identify who will be responsible for completing those tasks. After the weekly meetings, we will follow up with project team members to encourage them to complete the commitments and facilitate timely resolution of issues. We will generate logs of RFIs, submittals, and proposed change orders for review at the weekly meetings. Submittal Management UNICO will review the specifications in detail and generate a comprehensive log of required submittals, including shop drawings. This log will be reviewed with the Contractor and submittals prioritized based on lead times and when they are needed in the field. As submittals come in, we will review them for conformance with the contract documents and actual site conditions. Submittal status reports will be generated regularly, reviewed in the weekly progress meetings, and outstanding items followed -up on. Progress Payment Requests During the last few days of each month, UNICO will schedule a time to walk the project with the Contractor and review the information in their draft progress payment application, including their proposed percent complete of Schedule of Values line items. After agreement is reached on the quantity of work complete to date, the Contractor will transmit their pay application, along with an updated construction schedule and any necessary substantiating data, such as Conditional and Unconditional lien releases. We will review this information for accuracy and completeness. If acceptable, we will then make a recommendation for the City's approval and payment. We will also collect and review other monthly contract requirements at this time, such as updated project as -built plans and any required reports. On a monthly basis, we will conduct an earned value analysis to confirm that the project is within budget and on schedule. We will recommend actions to take if the project progress is not in agreement with the budget or schedule. Client Focused • Quality Driven Page / 3 E N G I N E E R I N G Request for Information (RFI) When an RFI is submitted by the Contractor, UNICO will review it for completeness and verify that the necessary information, such as detail and plan references, is present. We will review the contract documents and confirm that the RFI is a legitimate request, and that the information is not already identified in the contract documents. If it will help to clarify the issue, we will attach a picture or sketch to assist the design team to visualize the issue/concern. Once submitted to the design team, we will track the progress of RFls and follow-up with the reviewer regularly to expedite resolution. Timely response to Contractor questions is critical to project success and claims mitigation. Change Orders UNICO will work closely with the City's Project Manager, design team, and the Contractor to proactively seek agreement on the cost and schedule impacts of contract change orders. We will diligently observe and follow the City of San Rafael's guidelines for processing contract change orders. Typical procedures include: • First, we will verify the work involved is not part of the original contract scope. • Once it is determined the work is outside the scope of the contract, we will validate the addition is justified. The potential change orders will be logged. Potential change orders will be monitored and discussed at weekly progress meetings until they are settled. • Once it is determined the proposed change order is justified, we will perform a detailed estimate and time impact analysis, if applicable. We will document the proposed change order and provide a written justification to the City to review and approve. • We will develop negotiation strategies for every proposed change order and present these findings/strategies to the City's Project Manager. • We will assist in negotiating the change orders. • Once negotiated, we will prepare the applicable change order documents, track, and route them for necessary signatures. The fully executed change orders will be logged. Project Records UNICO will prepare, organize, and maintain project records. We will utilize ShareFile to store the project documents and allow easy access to authorized project team members. Electronic copies of RFls, submittals, meeting minutes, change orders, correction notices, daily reports, photos, and weekly statement of working days will be stored in ShareFile. We will coordinate with the City and establish a project filing system to organize electronic files and hard copies of project documents. At project closeout, we will provide the City a digital copy of the project documents in electronic format in addition to the hard copy files. Schedule Management UNICO will verify the Contractor's monthly schedule update accurately reflects project status. At the weekly meetings, we will utilize the Contractor's 3-week look ahead schedule for a more granular view of the overall project schedule and as a tool to provide a level of planning and coordination for the immediate future. Construction Inspection It is understood that City staff will perform construction inspection duties, including monitoring the Contractor's performance, coordinating with the City's Building Department inspectors, and performing quality assurance inspections to confirm the project is constructed in accordance with the contract documents and manufacturer's recommendations. Whenever force account work is performed, City staff will document work activities, workforce, and materials used. Client Focused • Quality Driven The City will provide staff to prepare the daily reports that will record details about site conditions, visitors, Contractor personnel and subcontractors on site, applicable equipment used, work activities started, completed or in progress, activities scheduled but not started/completed, inspections and tests completed, delays, disruptions, and issues. UNICO will coordinate with City staff to log and maintain project files inclusive of daily reports. Photo Log The City will provide staff to take photos/videos of the project site throughout construction to provide visual records of the project conditions, including pre-existing conditions, construction activities/equipment, construction sequencing, unsafe project conditions requiring corrective action, and the final constructed condition. City staff will take photos of specific materials or equipment to document compliance with the contract documents and approved submittals. Issues Management and Claims Mitigation An issue is any occurrence that may have an impact on project cost, time, or deliverables. Issues are given a tracking number and are logged as a potential change order. Following the identification of an issue, UNICO will track it closely and document the details with photos, correspondence, and City inspector reports. The potential change order log will be printed weekly and will be discussed at the weekly meeting. Any open issues will be followed up on to resolve them as quickly as possible. We will investigate and work to resolve any potential claims. Compliance UNICO will collect certified payroll reports from the Contractor each month as part of the monthly pay application process. We will also spot check these submissions for accuracy and completeness. We will perform employee interviews to confirm the employees are receiving the required prevailing wage. UNICO will coordinate with City staff to confirm that the Contractor posts the required posters, notices, wage determinations, etc. at the job site. UNICO will promptly notify the Contractor, in writing, concerning any observed variances to the contract requirements. We will develop a Correction Notice form and log, to formally notify the Contractor of any scope of work that is not in compliance with the contract documents and track its correction. We will prepare weekly statements of working days to keep the Contractor on notice regarding the number of working days they have to complete the project, and the point at which liquidated damages will be assessed. Safety Prior to the commencement of any work, UNICO will confirm that the Contractor has submitted a copy of their safety plan. The safety plan should be comprehensive and tailored to the specifics of this project. During construction, we will monitor the jobsite and identify potential safety issues. If there is an immediate safety hazard to a worker or the public, we will take immediate action to halt the unsafe act or make the situation safe. If we become aware that the Contractor is not following their safety plan, we will bring it to their attention through verbal and written correspondence, and notify the City. If the situation is not immediately rectified, we will collaborate with the City on what course of action should be taken. We will report any safety incidents to the appropriate parties. Deliverables: Logs, including submittal log, testing and special inspections log, issues/potential change order log, contract change order log, and closeout log, Weekly meeting agendas and minutes Processed submittals Client Focused • Quality Driven Page / 5 00 U N I C 0 t N a- 1 N E: E R I N G Weekly statement of working days Quantity sheets and progress payment recommendations Change orders and supporting memorandums Monthly status reports [LASK 3: POST -CONSTRUCTION SERVICES Project Closeout Well in advance of substantial completion, as various areas, rooms, or systems are progressing, UNICO will utilize our logs and check lists, to inform the Contractor as to what items are complete and what items are outstanding, including materials testing and special inspection requirements. We will discuss these outstanding requirements in weekly progress meetings and track Contractor progress towards completing them. When the scope of work is nearing substantial completion, we will develop a preliminary punch list for the Contactor to begin addressing. We will schedule a meeting with the design team and applicable City representatives for a formal punch list inspection. We will incorporate outstanding items from the preliminary punch list along with the items from the City/design team walk into a formal punch list. We will follow-up on the completion of those items by the Contractor in a timely manner. At the conclusion of the project, we will review as -built drawings for completeness. Electronic and physical hard copies of the project files will be turned over to the City for their archives. Deliverables: Electronic files and physical hard copies of as -built drawings and project files TASK 4: MATERIALS TESTING AND SPECIAL INSPECTION _ _ �, �► ___� This scope or cost proposal does not include materials testing and special inspection. UNICO will coordinate with the City to schedule and facilitate any required testing. Material testing reports will be collected and maintained in the project documentation. The City may request that materials testing and special inspection be added to this contract scope. TASK 1: PRE -CONSTRUCTION SERVICES............................................................................................... $13,863.83 TASK 2: CONSTRUCTION MANAGEMENT SERVICES.......................................................................... $178,843.36 TASK 3: POST -CONSTRUCTION SERVICES............................................................................................ $17,829.63 TOTAL..................................................................................................................................... $210,536.82 A cost breakdown is attached. Client Focused • Quality Driven Page / 6 City of San Rafael Downtown Library Renovation Project Cost Proposal UNICO Engineering aNi a' a� o `V o Z U o C (❑ (a C a)U 0) C N a a) c - fII c m 0 c c_ w t° c (0 O .��= C U ` N a) U C O U C6 C m rn -0 O U a o ` U N c O U Direct Labor Rate $95.00 $90.00 $36.06 $65.00 Overhead Rate 149.95% Fee 10% Bill Rate $261.20 $247.45 $99.15 $178.71 Task # Task Description 1 Pre -Construction Services 2 Construction Management Services 3 Post -Construction Services 4 Materials Testincl Services 1485 Civic Court, Suite 1500 Concord, CA 94520 916-900-6623 Hours Totals 40 40 $ 13,863.83 516 516 $ 178,843.36 40 80 $ 17,829.63 0 596 636 0 $ 210,536.82 Other Direct Costs Totals $ - ODC Subtotal I $ - $ 210,536.82 8/21/2024 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. 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. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. 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. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' 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 workers' 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 workers' 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 "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Rev 08 22 B-1 ISO form CG20 01 04 13. 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or workers' 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 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 party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08 22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or 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 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 the CITY. 08.22 B-3 PSA - Unico Eng - Construction Mgmt for Downtown Library Final Audit Report 2024-09-10 Created: 2024-09-10 By: Shannon Mackie (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAANbxKgJ7NomaQeCdnVnRmsillEYphdUXV "PSA - Unico Eng - Construction Mgmt for Downtown Library" Hi story Document created by Shannon Mackie (shannon.mackie@cityofsanrafael.org) 2024-09-10 - 8:28:41 PM GMT- IP address: 199.88.89.34 P- 4 Document emailed to Cesar Montes de Oca (cesar@unicoengineering.com) for signature 2024-09-10 - 8:31:33 PM GMT Email viewed by Cesar Montes de Oca (cesar@unicoengineering.com) 2024-09-10 - 8:42:58 PM GMT- IP address: 104.28.39.141 d© Document e-signed by Cesar Montes de Oca (cesar@unicoengineering.com) Signature Date: 2024-09-10 - 8:43:43 PM GMT - Time Source: server- IP address: 166.198.157.12 Agreement completed. 2024-09-10 - 8:43:43 PM GMT SAN RAFAEL Ad b by "E CI " Acrobat Sign