Loading...
PW Fire Stations 54 & 55 Reconstruction Design____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-3-837 Council Meeting: 05/06/2019 Disposition: Resolution 14664 Agenda Item No: 4.h Meeting Date: May 6, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: __ _____ File No.: 06.01.243 TOPIC: FIRE STATIONS 54 & 55 RECONSTRUCTION DESIGN SUBJECT: A RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. FOR DESIGN OF THE FIRE STATIONS 54 & 55 RENOVATION IN THE AMOUNT OF $615,175, AND FURTHER DELEGATING TO THE CITY MANAGER AUTHORITY TO EXERCISE THE OPTION TO ADD CONSTRUCTION ADMINISTRATION SERVICES IN AN AMOUNT NOT TO EXCEED $113,742 AT A LATER DATE FOR A TOTAL AMOUNT NOT TO EXCEED $728,917 RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute professional services agreement with Loving Campos Associates, Architects, Inc. (“LCA Architects”) related to the provision of design services concerning Fire Stations 54 and 55, in an amount not to exceed $615,175 and delegating to the City Manager authority to exercise the option to add construction administration services in an amount not to exceed $113,742, should the City choose to engage LCA Architects for those services during construction, for a total amount not to exceed $728,917. BACKGROUND: Fire Stations 54 and 55 were designed and built in the mid-1960s and are now beyond their useful life. Fire Station 54 is located at 46 Castro Avenue in the Canal neighborhood. It contains an apparatus bay composed of a steel-framed structure that houses one engine and the City’s ladder truck. The apparatus bay is salvageable but requires seismic upgrades. The living quarters consist of a single-story wood-framed structure which has become obsolete due to age and deterioration. The living quarters include a living area, kitchen, sleeping quarters, and a restroom. The living quarters do not meet current standards for seismic, the Americans with Disabilities Act (ADA), or flood protection, and do not provide separate sleeping and restroom space for male and female firefighters. The living quarters will be demolished, and a new code- compliant structure will be constructed in its place. Fire Station 55 is located at 955 Point San Pedro Road between Knight Drive and Peacock Drive. This station was also built in the 1960s and is mostly a wood frame structure. The apparatus bay SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 is a wood-framed structure supporting a steel girder roof system. The apparatus bay requires significant seismic improvements but is salvageable. The living quarters, kitchen and sleeping quarters are almost identical to Station 54, with the same issues, and are also beyond their useful life. Like Fire Station 54, the living quarters at Fire Station 55 will be demolished and a new code- compliant structure will be constructed in its place. ANALYSIS: On May 24, 2018 a Request for Proposals was issued to secure professional engineering/architectural services to renovate Fire Station 54. On June 27, 2018 the Department of Public W orks received five proposals from reputable design firms. On September 7, 2018 City staff from the Fire Department and Public Works conducted interviews of all firms who submitted a proposal to develop the bid documents for Fire Station 54. Staff’s review process included examining each firm’s familiarity with the project, ability to deliver similar projects on time and on budget, and available resources, as well as their technical expertise which included CEQA and hazardous material evaluation. LCA Architects was identified as the best qualified design firm to address a practical approach to the renovation of Fire Station 54. LCA Architects was noted by the evaluation panel to have thoroughly researched the site and to have met with Fire personnel before the intervie w. In addition, the evaluation panel also noted that LCA Architects has experience with the renovation and reconstruction of other similar fire stations and has a well- qualified consultant team who can develop a design that fits the needs of the City, as well as address the concerns associated with this specific fire station. LCA Architects was initially contracted to prepare several alternative concepts, which included renovating the existing building, removing and constructing a new living quarters while seismically upgrading the apparatus bay, and removing the living quarters and replacing them with a modular building while again upgrading the apparatus bay. LCA Architects examined the approximate cost for these options, as well as other influential aspects such as construction timing, construction duration, and access. Staff and the architects agree that removing and replacing the living quarters and seismically upgrading the apparatus bay is the best and fastest way to replace the facility. In February 2019, the design team, led by LCA Architects, met at Fire Station 55 and found the construction, layout and building design to be very similar to that of Fire Station 54. Staff requested that LCA Architects provide a proposal to prepare the bid documents for both stations, including environmental review, as a single construction contract. This has resulted in design savings and staff anticipates that the overall construction cost will be better as well. Also, the size of the combined construction contract will attract more qualified bidders when the City advertises for construction. LCA Architect’s proposal includes design services of $543,175 to complete both stations. They also request a reimbursable budget of $72,000 in the event that boundary surveys, cathodic protection and other reimbursable expenses are needed. Finally, they are requesting $113,742 for construction administration. Staff recommends that Council authorize the design services and reimbursable funding at this time (a total authorization of $615,175) and give the City Manager authority to award the additional construction administration services in an amount not to exceed $113,742 if desired when the project moves into construction sometime in early 2020. The total amount of the contract, including all phases will not exceed $728,917. Fire Station 54 is located on a small property site such that vacating the station while the construction occurs would be required. Conversely, Fire Station 55 has a large property footprint and can accommodate a temporary building to accommodate the fire personnel while the construction is occurring. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 PUBLIC OUTREACH: It is anticipated that several public meetings will be held with community members regarding both fire stations. FISCAL IMPACT: The not-to-exceed amount of $728,917 of the proposed professional services agreement is supported by Measure E revenues in the City’s General Fund. Preliminary estimates for the construction cost for these projects are estimated at $3,000,000 each. OPTIONS: The City Council has the following options to consider relating to this matter: 1. Adopt a resolution authorizing the City Manager to execute professional services agreement with LCA Architects related to the provision of design services concerning Fire Stations 54 and 55, in an amount not to exceed $615,175 and further authorizing the City Manager to exercise the option for construction administration services in an amount not to exceed $113,742 at a later date should those services be necessary and desired. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, re- advertising will delay renovation of the building. RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute professional services agreement with Loving Campos Associates, Architects, Inc. related to the provision of design services concerning Fire Stations 54 and 55, in an amount not to exceed $615,175 and further authorizing the City Manager to exercise the option to add construction administration services in an amount not to exceed $113,742 at a later date should those services be necessary and desired, for a total amount not to exceed $728,917. ATTACHMENTS: 1. Resolution 2. Professional Services Agreement 3. Proposal 1 RESOLUTION NO. 14664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. FOR DESIGN OF THE FIRE STATIONS 54 AND 55 RENOVATION IN THE AMOUNT OF $615,175, AND FURTHER DELEGATING TO THE CITY MANAGER AUTHORITY TO EXERCISE THE OPTION TO ADD CONSTRUCTION ADMINISTRATION SERVICES IN AN AMOUNT NOT TO EXCEED $113,742 AT A LATER DATE FOR A TOTAL AMOUNT NOT TO EXCEED $728,917 ______________________________________________________________________ WHEREAS, the Fire Station 54 and 55 was built in the 1960’s and both are composed of living quarters and an apparatus bay; and WHEREAS, the living quarters of both facilities are beyond their useful life and require replacement to meet current seismic requirements, building codes and Americans with Disabilities Act (ADA) standards; and WHEREAS, both apparatus bays require retrofitting to meet current fire and seismic requirements; and WHEREAS, on May 24, 2018 the City solicited a Request for Proposal seeking qualified Architectural and Engineering firms to develop a design to renovate Station 54; and WHEREAS, on July 27, 2018 the City received five proposals from qualified architectural and engineering firms; and WHEREAS, on September 7, 2018 city staff from the San Rafael Fire Department and the Public Works Department interviewed all five candidates; and WHEREAS, Loving Campos Associates, Architects, Inc. (“LCA Architects”) was identified as the best qualified design firm to address a practical approach to the renovation of Fire Station 54; and 2 WHEREAS, Fire Station 55 and 54 are considered to have the same character of construction since they are approximately the same layout and vintage and composed of similar materials; and WHEREAS, LCA Architects has provided a follow-up proposal on April 22, 2019 for the reconstruction of both Fire Station 54 and 55; and WHEREAS the April 22, 2019 design proposal from LCA Architects has been reviewed by staff and found to be responsive to criteria specified in the RFP including, but not limited to, understanding of the work to be performed, previous experience with similar projects, qualified personnel, and familiarity with City standards and the local area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The Council hereby approves and authorizes the City Manager to execute a Professional Services Agreement with Loving Campos Associates, Architects, Inc. for architectural and engineering design services associated with the renovation of Fire Station 54 and 55 in an amount not to exceed $615,175 subject to final approval as to form by the City Attorney 2. The Council hereby further authorizes the City manager to exercise the option set forth in Exhibit 1 to add construction administration services, in an amount not to exceed $113,742, at a later date should those services be necessary and desired by the City. 3. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. 3 4. Funds totaling $728,917 will be appropriated for project #11358 from the Measure E fund I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 6th day of May 2019 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk File No.: 06.01.243 1 AGREEMENT FOR PROFESSIONAL SERVICES WITH LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RECONSTRUCTION OF FIRE STATIONS 54 AND 55 This Agreement is made and entered into this _______ day of _______________, 2019, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LOVING CAMPOS ASSOCIATES, ARCHITECTS, INC., a California Corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional services are required for the design of a project to reconstruct Fire Stations 54 and 55, including architecture, engineering, specifications, estimating, and all other professional services required to successfully bid the construction work in connection with the reconstruction of Fire Stations 54 and 55, City Project No. ######; and WHEREAS, the CONTRACTOR has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY’S Project Manager. The Director of Public Works 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. CONTRACTOR’S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Carl Campos is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform and/or provide the architectural design and engineering services for renovation of Fire Stations 54 and 55 outlined on pages 1 and 2 of CONTRACTOR’S proposal dated April 22, 2019, marked as Exhibit “A,” attached hereto, and incorporated herein. In addition, by written notice from CITY’S City Manager, CITY may exercise an option for CONTRACTOR to provide construction administration services as set forth on page 3 of Exhibit “A”. 3. DUTIES OF CITY. CITY shall compensate CONTRACTOR as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 2 4. COMPENSATION. For the full performance of the architectural design and engineering services described herein by CONTRACTOR, CITY shall pay CONTRACTOR for services rendered in accordance with Exhibit "A" attached and incorporated herein, in an amount not to exceed $615,175. Should CITY exercise its option for construction administration services as set forth on page 3 of Exhibit “A”, CITY shall pay CONTRACTOR an additional amount not to exceed $113,742 for such services as set forth in Exhibit “A”. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on June 30, 2021, or on such earlier date when the work shall have been completed, unless the parties agree to extend this Agreement for another 180 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party'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 CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR 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. 3 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other 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 term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR 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 . CONTRACTOR’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 CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 4 1. Except for professional liability insurance and worker’s compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds under the policies. 2. The additional insured coverage under CONTRACTOR’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 CONTRACTOR’S policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance and worker’s compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR 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. C. Deductibles and SIR’s. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and 5 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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY’S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. 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., CONTRACTOR 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 CONTRACTOR’S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR'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 CONTRACTOR'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 CONTRACTOR’s work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’S performance of or operations under this Agreement, CONTRACTOR 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. 6 B. Where the services to be provided by CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR, 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. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR 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. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR 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 CONTRACTOR 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. 7 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY’s Project Manager: Bill Guerin Public Works Director 111 Morphew Street San Rafael, CA 94901 TO CONTRACTOR’s Project Director: Carl Campos Loving Campos Associates, Architects, Inc. 1970 Broadway, Suite 800 Oakland, CA 94612 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR 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 CONTRACTOR 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. 8 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR 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 CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed 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. 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR ______________________________ By:______________________________ JIM SCHUTZ, City Manager Name:____________________________ Title:_____________________________ ATTEST: [If Contractor is a corporation, add signature of second corporate officer] ______________________________ LINDSAY LARA, City Clerk By:______________________________ APPROVED AS TO FORM: Name:____________________________ Title:_____________________________ ______________________________ ROBERT F. EPSTEIN, City Attorney April 22, 2019 Bill Guerin Director of Public W orks City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Regarding: Architectural and Engineering Design Services for Renovation of Fire Stations 54 and 55 Dear Bill: I am pleased to submit our proposal for professional design and engineering services. This agreement is based on: 1. City of San Rafael Request for Proposal Scope of Services Tasks 1-5, dated May 24, 2018, 2. DETAILED FACILITY STUDY Seismic and Operational Upgrade to Fire Stations 54 and 55, VOLUME IV DRAFT dated July 20, 2015, 3. Station 55 Site tour conducted on March 14, 2019. Although similar in program and scope to Station 54, please note: 1. Station 55's geotechnical profile is more chall enging, resulting in increase to Geotechnical effort. 2. Seismic considerations are different, especially as the apparatus bay at Station 55 is wood, versus concrete at Station 54. The foundation of Station 55 will be a more complicated structural design. 3. The scope for Station 55 includes parking lot lighting which increases the electrical engineering scope. 4. Right of way analysis is NOT included in this proposal as it is unlikely to be needed. 5. We have chosen a different cost estimator for Station 55 who has be en providing us with very accurate estimates. 6. There have been increases to engineering scope (addition of emergency generator to both stations, raised wood floors for each station, etc.) which is reflected in revised fees for FS54 in order to provide more accurate comparison. 7. Proposal includes topographic survey only. Boundary survey is listed as a separate item. 8. Construction administration, close -out and other post-bid services are listed as a separate item. 590 Ygnacio Valley Road, Suite 310 • Walnut Creek, CA 94596 • 925.944.1626 1970 Broadway, Suite 800 • Oakland, CA 94612 • 510.272.1060 lea-architects.com March 26, 2019 LCA # 18058 Page 2 Discipline Firm FS54 FS55 Combined Architecture LCA Architects 146,800.00 130,000.00 200,000.00 Structural Crosby Group 58,000.00* 62,000.00 113,000.00 Mechanical Engineering Network 15,400.00 16,000.00 25,000.00 Electrical Esfahani Consulting Engineers 22,500.00** 24,000.00 40,000.00 Estimating CCMS 10,800.00 (Gleeds) 18,785.00 20,850.00 Civil CSW Stuber Stroh 32,140.00*** 30,353.00*** 56,131.00 Right of Way Analysis CSW Stuber Stroh 1,948.00 NA 1694.00 Hazardous Materials Study Terracon 5,000.00 5,000.00 10,000.00 Geotechnical Investigation Terracon 19,500.00 22,000.00 41,500.00 CEQA Terracon 14,500.00 14,500.00 29,000.00 Phase I Environmental Report Terracon 3,000.00 3,000.00 6,000.00 TOTAL $329,588.00 $325,638.00 $655,226.00 $543,175.00 Reimbursable Allowance: 35,000.00 *additional engineering for raised wood floor system **additional engineering for emergency gene rator March 26, 2019 LCA # 18058 Page 3 Discipline Firm Combined CA Architecture LCA Architects 75,000.00 Structural Crosby Group 20,920.00 Mechanical Engineering Network 2,000.00 Electrical Esfahani Consulting Engineers 2,500.00 Estimating CCMS NA Civil CSW Stuber Stroh 6,822.00 Right of Way Analysis CSW Stuber Stroh NA Hazardous Materials Study Terracon NA Geotechnical Observation Terracon 6,500.00 CEQA Terracon NA Phase I Environmental Report Terracon NA TOTAL CA Fees 113,742.00 Boundary Surveys $25,000.00 Cathodic Protection $12,000.00 Materials Testing & Inspection** $60,000.00 *Geotechnical observation is limited to 4 visits per site. Required visits exceeding this limit can be provided at additional cost on a per visit basis. **Although a required service during Construction, materials testing and inspection must be contracted separately by either the City or Construction Manager so as to avoid any conflict of interest in the Architect or General Contractor “verifying” our own work. We’ve included an estimated allowance for your purposes. March 26, 2019 LCA # 18058 Page 4 Thank you for the opportunity to be of service on your project. If this proposal is acceptable to you, please sign below and return a copy. Please call me if you have any questions. CEC:dky:prpslSO AGREED AND ACCEPTED: Authorized Signature Date Please sign and return one copy of this agreement to in itiate these services.