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HomeMy WebLinkAboutCC Resolution 11718 (Architectural Services)RESOLUTION NO. 11718 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AN AGREEMENT BETWEEN THE FIRM OF FORSHER + GUTHRIE AND THE CITY OF SAN RAFAEL FOR PROFESSIONAL ARCHITECTURAL SERVICES (Term of Agreement from 3/21/05 and ending on 3/21/06; with mutual agreement of parties, may be extended on an annual basis) WHEREAS, many City buildings have long-standing structural, electrical, HVAC and related deficiencies that must be addressed in order to assure their continued functionality; and WHEREAS, Public Works Engineering and Facility Maintenance staff do not have the expertise to address projects of such complexity; and WHEREAS, such projects require professional architectural services to define project scope, establish timelines, and to identify costs; and WHEREAS, the timely availability of such services is a critical factor in addressing facility needs; and WHEREAS, the architectural firm of Forsher + Guthrie has the expertise, training, and ability to provide such services. NOW THEREFORE BE IT RESOLVED, that the City Council of the City Of San Rafael authorizes the Director of Public Works to enter into a Professional Services Agreement with the firm of Forsher + Guthrie to provide architectural services as described above, a copy of which is hereby attached and by this reference made a part hereof. �Xq I, JEANNE M. LEONCM, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 21St day of March, 2005 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None V—" JEANNE M. LEONCINI, City Clerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND FORSHER + GUTHRIE FOR PROFESSIONAL ARCHITECTURAL SERVICES This agreement entered into this 21"' day of March, 2005 between the CITY OF SAN RAFAEL (hereinafter "CITY") and FORSHER + GUTHRIE (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY from time to time requires architectural services and accordingly desires to have such services available on retainer. WHEREAS, CONSULTANT has the ability, training and experience to provide such architectural services. NOW, THEREFORE, the parties hereby agree as follows: A. CITY. The Public Works Director shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director 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. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Robert Forsher 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. CONSULTANT shall perform the duties and/or provide services to be described in project specific proposals formulated by CONSULTANT in consultation with CITY staff, which will describe each project to be undertaken, and identify CONSULTANT'S duties, fees and project timelines. A "Notice to Proceed" (attached -Exhibit A) will be generated for each project covered by this agreement. Such services will be performed in accordance with generally accepted professional practices and standards for the locality in which the services are provided and for the intended use of the project at the time such services are performed. 3. TAT MRS OF C ..TTY. The Client shall provide complete and accurate, and timely information regarding its requirements for the project. The client shall examine documents or other instruments of service submitted by Consultant and shall render any decisions necessary promptly in order to avoid unreasonable delay. The Client shall also provide any additional services, other than those which consultant is responsible to provide, which are reasonably necessary to complete the project, including but not limited to accurate and complete surveys, geotechnical engineering services, testing services and inspection and reports required by law. Client shall also make arrangements for Consultant's access to any location required for Consultant to provide its services. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT in accordance with CONSULTANT'S schedule of fees, as described in Exhibit B attached and incorporated herein. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. ;u • : u ►II The term of this Agreement shall be for one (1) year commencing on March 21, 2005 and ending on March 21, 2006. Upon mutual agreement of the parties, and subject to the approval of the Project Manager, the term of this Agreement may be extended on an annual basis, with compensation adjusted in accordance with the Construction Cost Index as detailed in the Engineering News Record. Either party may terminate this Agreement without cause upon ten (10) days written notice mailed or personally delivered to the other party. 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; CITY shall hold CONSULTANT harmless for any such use. 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. 'WIWM Mill•SI 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. 2 1 1► `�,Z�[ij� A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence 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 ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONSULTANT shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 6. 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, if reasonably available at that time. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 3 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONSULTANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONSULTANT and CITY against all liability for injuries to CONSULTANT's officers and employees. D. Any deductibles or self-insured retentions exceeding $15,000 in CONSULTANT's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. 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. L 1►1� u1►11 •_ • ► CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including reasonable attorney's fees and administrative costs, to the extent possible, arising out of or resulting in any way, in whole or in part, from any acts or negligent omissions,, not covered, of CONSULTANT or CONSULTANT'S officers, agents and employees in the performance of their duties and obligations under this Agreement. ►• ►It : lu I 10 :11�I C•i`� 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. 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 use due professional care to perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. ►• . I In 911mam CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Andrew J. Preston Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONSULTANT: Robert Forsher Project Director Forsher + Guthrie 10 H Street San Rafael, CA 94901 16. INDEPENDENT CONSTTT.TANT. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent CONSULTANT, 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 CONSULTANT and not that of an employee of CITY. 0,510 In MENCRAul ►II : LVA 151 ►It 121641 A. The terms and conditions of this Agreement, all exhibits attached, any applicable Professional Services Work Order 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. WJEEWIZIV►6- The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 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. 1 Y S 1►1 ► • .1 : A CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CONSULTANT's taxpayer identification number is 68-0073879, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. The laws of the State of California shall govern this Agreement. DINEWNRM am IM -3 24 all IN 0 P.40101 • A. In the event any provisions of this agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties B. It is not the intent of the parties to this agreement to form a partnership or joint venture. Prior to initiating any litigation, all claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be submitted to non-binding Mediation under the auspices of a mutually agreed 6 upon Mediation Service experienced in handling construction related disputes prior to initiation of any lawsuit or other litigation unless the parties mutually agree otherwise. The cost of said Mediation Service experienced in handling construction related disputes prior to initiation of any lawsuit or other litigation unless the parties mutually agree otherwise. The cost of said Mediation shall be split equally between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL / ANDREW J. P TON Public Works Director ATTEST: jEARNE m. LEONCINI, City Clerk APPRO : D FORM: GXRY T. GGHIAN , City Attorney It" I o CONSULTANT Name:�� Title: :te: 4/7/2005 Time: 10:15 AM To: Richard Landis ® 14154853334 1-510-452-2193 Page: 002-002 Client#: 136 n PE � n ORSHGUTH ACORD.CERTIFICATE OF LIABILITY INSURANCE I AU" OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO 4DATE /7/05M/DDnY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR — NON -OWNED AUTOS ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510465-3090 I INSURERS AFFORDING COVERAGE INSURED I INSURERA. American Automobile Ins. Co. Forsher + Guthrie INSURER B: Great American Assurance Co. 10 H Street INSURER C: San Rafael, CA 94901 I INSURER D. I I INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY (MM/DDNY) P DATE (MMIDD/TYIYOIN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIAR LITY I FIRE DAMAGE (Any one rue) $ =CLAIMS MADE ❑ OCCUR I MED EXP (Any one person) $ PERSONAL & ADV INJURY $ — DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER I I ADD ITIONAL INSURED; INSURER LETTE R: City of San Rafael Attn: Richard Landis, Admin, Supervisor 111 Morphew Street P.O. Box 15160 San Rafael, CA 94915-1560 I ACORD 25-S (7197)1 of 1 #M112282 CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30 . _DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLD ERNAMED TOTHE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE LHS 0 ACORD CORPORATION 1988 I GENERAL AGGREGATE $ GEN'L AGGREGATE LIMITAPPLIES PER: I PRODUCTS -COMP/OP AGG $ n PE � n POLICY LOC AU" OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS — BODILY INJURY _ SCHEDULED AUTOS (Per person) $ _ HIRED AUTOS BODILY INJURY $ — NON -OWNED AUTOS (Per accident) — PROPERTY DAMAGE I $ (Per accident) GARAGE LIABILITY I AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE I $ OCCUR CLAIMS MADE I AGGREGATE I $ I$ DEDUCTIBLE I I $ RETENTION $ I $ A WORKERS COMPENSATION AND WZP80924719 09/01/04 09/01/05 I X ITORY I IAS-MITOTH- PR I EMPLOYERS' LIABILITY IE L EACH ACCIDENT 1$1,000,000 IE L DISEASE -EA EMPLOYEEI $1,000,000 I El DISEASE - POL CY LIM!T I $1,000,000 B OTHER Professional EDN565595501 08/07/04 08/07/05 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER I I ADD ITIONAL INSURED; INSURER LETTE R: City of San Rafael Attn: Richard Landis, Admin, Supervisor 111 Morphew Street P.O. Box 15160 San Rafael, CA 94915-1560 I ACORD 25-S (7197)1 of 1 #M112282 CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30 . _DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLD ERNAMED TOTHE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE LHS 0 ACORD CORPORATION 1988 npr u t um 1u: moa P.1 STATES FARM STATE FARM INSURANCE COMPANIES Q© ,OSE KUNTZ, AGENT PHONE: (415) 459 0200 INSURANCE . 20 FIFTH AVE, SUITE D FAX: (4 15 ) 459 6426 SAN RAFAEL, CA 94901 FACSIMILE TRANSMITTAL SHEET TO FROM Richard Landis Erin Stensler COMPANY DATE Department of Public Works April 7, 2005 FAX NUMBER TOTAL PAGES (INCLUDING COVER) (415) 485 3334 2 PHONE NUMBER POLICY # 97-47-0154-5 RE REFERENCE/ESCROW/CLAIM # Forsher & Guthrie ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Here is the requested evidence of insurance. If there are any questions, please contact me at the above number. mpr u -i yn lu: mma CERTIFICATE OF INSURANCE r . t This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois insures the following policyholder for the coverages indicated below. Name of policyholder Forsher, Robert & Guthrie, Matthew dba Forsher & Guthrie Address of policyholder 10 H Street San Rafael, CA 94901-1700 Location of operations same as mailing address Description of operations architectiir5l services The policies listed below have been issued to the poljicy older for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by anY paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF UABIUTY Effective Date Expiration Date (at beginning of policy period) ComprehensiveBODILY INJURY AND I 97-47-0164-5 Business Liability 12/2/04 12/2/05 PROPERTY DAMAGE This insurance includes: ❑ Products - Completed Operations ® Contractual Liability ® Underground Hazard Coverage Each Occurrence $1,000,000 ® Personal Injury ® Advertising Injury General Aggregate $2,000,000 ® Explosion Hazard Coverage Products - Completed ® Collapse Hazard Coverage Operations Aggregate $ ❑ General Aggregate Limit applies to each project EXCESS LIABILITY POUCY PERIOD BODILY INJURY AND PROPERTY DAMAGE Effective Date Expiration Date (Combined Single Limit) ❑ Umbrella I Each Occurrence $ ❑ Other Aggreqate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability POLICY NUMBER TYPE OF INSURANCE Name and Address of Certificate Holder City of San Rafael Department of Public Works PO Box 151560 San Rafael, CA 94915-1560 558-994 a 2-90 Primed in U.8 A. Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POUCY PERIOD LIMITS OF UABIUTY Effective Date Expiration Date (at beginning of policy period) If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 3 0 days before cancellation. If, however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives. Signature olAuthorized Representative Title e JeAl+- .�� 11 ia77S Date