Loading...
HomeMy WebLinkAboutMS Essential Facilities; Mary McGrath Architects 2014Agenda Item No: 6. a Meeting Date: Dec. 15, 2014 1 1 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Management Services Prepared by: Jim Schutz, Assistant City Manager City Manager Approval---N/4,,e,4,6, SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS FOR AN ESSENTIAL FACILITIES STRATEGIC PLAN (TERM OF AGREEMENT JANUARY 1, 2015 THROUGH JUNE 30, 2015, WITH A TOTAL BUDGET AMOUNT NOT TO EXCEED $1165,1105 PLUS $16,510 FOR ADDITIONAL SERVICES AS NEEDED) RECOMMENDATION: Adopt the Resolution authorizing the City Manager to execute a Professional Services Agreement with Mary McGrath Architects for architectural services to produce an Essential Facilities Strategic Plan. BACKGROUND: Measure E passed on November 5, 2013 extending for 20 years an existing 0.5% sales tax and increasing it by 0.25%. Numerous significant activities have taken place over the last year regarding utilizing the increased portion of Measure E revenues to improve the City's essential facilities. This portion of Measure E revenues raised $891,000 in fiscal year 2013-2014, and is projected to generate approximately $3.7 million in the current fiscal year. These activities have been a Phase 1, which was a data collection and financial and architectural preparation stage. More specifically, the type of work taking place has fallen into the general categories of: financial and bond issuance preparation, city budget direction, program study, and preparation for focused resident participation through the creation of an Oversight Committee. Many of the below preparatory items, which took place over the last year, have been conducted with public hearings/community input at City Council meetings: • City Council repeals Measure S and replaces with Measure E as of April 1, 2014 — puts State Board of Equalization on notice of the rate change in San Rafael (December 2013) FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 • City Council's Facilities Subcommittee (Mayor Phillips and Councilmember McCullough) meets and discusses bond issuance process — Subcommittee directs staff to issue Request for Proposals (RFP) for financial advisory services (January) • City Council directs staff to set aside the "additional" Measure E revenues (0.25%) for major, public safety facilities construction and improvements (February) • Staff issues RFP for -financial advisory services (interviews occur in March with City Council approval of selected firm, Public Financial Management Inc. in April) • Facilities Subcommittee meets and receives information on Fire Department facilities and services and directs Fire Chief to analyze options for a fire station and unit location study (February) • Measure E becomes effective - City begins receiving 75 cents (instead of 50 cents) for every 100 dollars spent on goods bought or used in San Rafael (April) • City Council creates Measure E Oversight Committee of San Rafael residents (April) • Facilities Subcommittee tours Central Marin Police Authority, discusses Police Department facility needs, and fire station and unit location study. City Manager authorizes Markus Weisner (FireGeek consulting) to perform this analysis (May) • City Council approves Fiscal Year 2014-15 budget and allocates the 0.25% of Measure E to public safety facilities construction and improvements (June) • Webpage focused on "Essential Facilities" added to City's website (September) • Request for Proposals released for "Essential Facilities Strategic Plan" and for "Essential Facilities Project Management and Pre -Construction Services" (October) • City Council interviews and appoints community candidates for Measure E Oversight Committee (October) • Facilities Subcommittee conducts formal interviews of six firms interested in creating the Essential Facilities Strategic Plan and/or the project management services (November) • Facilities Subcommittee meets to form recommendation to full City Council regarding the "Essential Facilities Strategic Plan" and for "Essential Facilities Project Management and Pre -Construction Services" (December) The last item, above, is the subject of this staff report and would kick off the second phase of this project. Phase II is the Essential Facilities Strategic Plan process. ANALYSIS: Improvements to the City's essential facilities have been a goal for many years and have involved countless hours of community members volunteering their time, working with the City, to realize this goal. Considerable effort was invested in the 2003 "Essential Facilities Strategic Analysis" and accompanying "Facility Evaluation Report," the work of the 2004-05 Critical Facilities Strategy Committee, and the work of the 2007-08-09 Critical Facilities Committee. This important work will serve as the foundation for the next phases of the project. While funding has been the major impediment in the past, a portion of the Measure E funds, mentioned above, allows this process to move forward. In order for the City Council to make a determination on a final project(s), the Strategic Plan must be done to bring the facility assessments, programming (prioritized needs assessment), and development strategies (which buildings, where, how, when, at what cost) up to date. This will be less time-consuming due to the aforementioned Committee work, but it is an important step as a number of assumptions may have changed since 2009 and certainly since 2003. For example, our Fire Dispatch services are now provided through an agreement with the County Communications Center. Another example is that the City recently became the new owner of 1309 Fifth Avenue. Other changes include staffing levels, equipment types, etc. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Based on the formal Request for Proposals process mentioned above, staff recommends working with Mary McGrath Architects to complete the new Essential Facilities Strategic Plan. The Facilities Subcommittee met on December 2, 2014 and recommends that the full City Council approve the attached resolution. Mary McGrath Architects is recommended due to the strength of their interview with the Facilities Subcommittee, their extensive and relevant past experience, their efficient scope of work, and exceptional references. The full Scope of Work is an attachment to the Resolution but is summarized here in brief: Task 1 — Project Planning This task will define how the project will be managed, communication goals and techniques will be identified and a consistent meeting schedule established. Mary McGrath Architects will review all past reports and documentation, including existing facility construction documents, and begin work on defining the overall objectives. Task 2 — Space Needs Development This task will establish stakeholder teams for police and Fire stations and define current and future space needs for each unit type. The needs study will use the collection of both qualitative and quantitative data. Each facility needs assessment will be developed through a series of interviews and a discussion on operational goals for the specific functions. These will evaluate both current and future operations and will include component diagrams and a cost per square foot order of magnitude budget. The fire station and unit location study will also be evaluated. The results of these two portions of the study will be used to guide the Strategic Plan and inform the team on which projects merit further study. Task 3 — Site Arrangement Diagrams Site arrangement diagrams will be prepared for each type of facility identified. These diagrams will be used as a bench mark for assessing existing sites and for identifying site options in the event that a facility is relocated. Both law enforcement and fire station site layouts will be developed. Task 4 — Existing Facility Analysis and Space Needs Comparison This task will update the existing facilities studies and provide an overall comparative assessment of the condition and adequacy of selected essential facilities. This portion of the study will conclude in the graphic integration of the established space needs standards with existing conditions in those projects identified in the summary of project options. Task 5 — Preliminary Order of Magnitude Costs and Program -Wide Cost Plan The work will begin as the space needs are developed and order of magnitude costs are established and will continue through the development of options until a final Strategic Plan approach is agreed upon. This iterative budget process will assist the team in determining development options which merit a deeper understanding of scope and related costs. A deeper look at the cost plan will be used to determine, on a program - wide basis, which group of projects meets the highest number of priorities established at the onset of the process. As the final options are developed, the schedule is overlaid with the cost plan, and escalation factors are added. The schedule development is an iterative process as well. The final cost plan will consider all components of the project, both hard and soft costs and schedule. Task 6 — Recommendations Development Through an interactive collaborative workshop, this task will refine city priorities relating to operations and overall facility development. The summary of projects plan alternatives SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 developed above will be ranked as a means to hone in on the implementation plan that meets the highest level of priorities. Plan alternatives will be evaluated based on those priorities, rankings will be established and a set of final recommendations will emerge. Task 7- Strategic Plan Document The draft Strategic Plan will be prepared in two volumes. The first volume will contain the Analysis and Assessment information (parts 1, 2, 3, 4 and 5). The second volume, the Strategic plan itself, will be contain sections such as: • Strategic Plan's Mission Statement • Overview of the San Rafael Police and Fire Departments • Response Analysis Summary (Based on work by Markus Weisner) • Overview of Space Needs Requirements based on Facility Type • Overview of Existing Essential Facility Updated Findings • Overview of Space Needs Comparisons with Existing Facilities • Summary of Projects Recommendations • Cost Plan and Schedule Summary • Study Process Summary including Summary of Community and Stakeholder Input In short, the Strategic Plan will build on the foundation of past studies and committee work to analyze and present a prioritized strategy for improvements (which could include renovation, new construction, relocation, etc.) to our police and fire facilities. To assist in this work, the Facilities Subcommittee has selected a "Strategic Plan Working Group." The Working Group would be made up of the Facilities Subcommittee, key staff, and community stakeholders. The above scope of work is anticipated to begin in January 2015 and take approximately four to six months. Some of the tasks noted above will be completed concurrently. Upon completion of the Strategic Plan, the City would be positioned to begin an architectural design and pre - construction phase — followed by the construction phase. FISCAL IMPACT: The proposed contract includes $165,105 for the professional services as detailed in the scope of work attached to the Resolution and an additional $16,510 set aside for additional services as requested by the City. These funds will be appropriated from the portion of Measure E revenues allocated to public safety facilities construction and improvements. I :11Co1►I+'3 • Approve the Resolution • Modify Resolution and/or direct staff to return with modifications ATTACHMENTS: Resolution authorizing the City Manager to execute a Professional Services Agreement with Mary McGrath Architects for an Essential Facilities Strategic Plan RESOLUTION NO. 13856 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS FOR AN ESSENTIAL FACILITIES STRATEGIC PLAN (TERM OF AGREEMENT JANUARY 1, 2015 THROUGH JUNE 30, 2015, WITH A TOTAL BUDGET AMOUNT NOT TO EXCEED $165,105 PLUS $16,510 FOR ADDITIONAL SERVICES AS NEEDED) WHEREAS, the ability of the City's Fire and Police Departments to carry out their mission to serve and protect our citizens and provide a foundation for business prosperity is essential. With an increased population, a rise in demand for emergency responses, current economic constraints, and an aging infrastructure, the ability of our police and fire departments to deliver essential emergency services in the future may be challenged; and WHEREAS, the City's Police Department has a skilled staff of 87 total employees overseeing the Traffic Unit, SWAT team, Foot -beat, Investigations, School Resource, Directed Patrol, Youth Services Counseling, Records, Property Evidence, Dispatch, Permits and Personnel and Training. Currently, these services are administered from an array of locations and temporary facilities; and WHEREAS, the City's Fire Department has 79 total employees over seven stations trained in specialties including emergency medical care, firefighting, hazardous materials and emergency preparedness. In addition, the SRFD is partnering with the Larkspur Fire Department and the Marinwood Fire Department to provide shared services over an expanded operational area; and WHEREAS, in order to maintain high quality, cost effective and efficient service, today's "All Risk" public safety entities must have the infrastructure to support and enhance their essential mission; and WHEREAS, starting in 2002, the City Council commissioned important facility studies which resulted in the August 2003, "Strategic Analysis of City of San Rafael Essential Facilities," a companion document also from August 2003 entitled, "Facility Evaluation Report of City of San Rafael Essential Facilities," and a separate study of the San Rafael library; and WHEREAS, a Critical Facilities Strategy Committee was established in September 2004 to review the August 2003 studies and "recommend to the [City] Council financially sound and politically viable strategies that would assure the ability of San Rafael's public safety facilities and library to meet current and future needs;" and WHEREAS, in November 2007, the City Council established a new Critical Facilities Committee to "educate and inform the community about the current condition and needs for improving our essential service buildings" and develop strategies (particularly funding) to begin addressing the needs of our buildings. This Committee reviewed the 2003 reports and the work of the prior Committee, studied the issues, and released their final report in August 2009; and WHEREAS, in November 2013, the local voters passed Measure E, a three-quarter cent transactions and use tax with a term of twenty years. This tax supplanted the former, one-half cent transactions and use tax (Measure S), effective April 1, 2014; and WHEREAS, in June 2014, the City Council allocated the additional funds from Measure E (i.e., the amounts collected in excess of the prior transactions and use tax), approximately $3.7 million/year, to be used for public safety facilities improvements and construction; and WHEREAS, the City wishes to have an Essential Facilities Strategic Plan which will build on the foundation of the past studies and committee work, to comprehensively analyze and present a prioritized strategy; and WHEREAS, on October 1, 2014, staff issued a Notice Inviting Proposals for an Essential Facilities Strategic Plan and received nine proposals by the deadline of October 31, 2014; and WHEREAS, the City Council's Facilities Subcommittee interviewed the top three firms on November 10, 2014 and directed staff to work with finalists to further develop the scope of work and fees and conduct reference checking; and WHEREAS, on December 2, 2014, the City Council's Facilities Subcommittee decided to recommend to the full City Council an Agreement with Mary McGrath Architects for architectural services to prepare an Essential Facilities Strategic Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, a Professional Services Agreement, in the form attached hereto as Exhibit 1, with Mary McGrath Architects, for architectural services to prepare an Essential Facilities Strategic Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby authorize the appropriation of $181,615 from fiscal year 20142015 General Fund Measure E revenues to fund this Agreement. 1, ESTHER BEIRNE, 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 15`h day of December 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILIVIEMBERS: None ABSENT: COUNCILMEMBERS: None rte-- (. e-, - ESTHER C. BEIRNE, City Clerk 1XINWRONSM1010 WRIN W116 log U -M-01 BEEN VOM This Agreement is made and entered into this /�L-74 day of December, 2414, by and between the CITY OF SAN RAFA.EL (hereinafter "CITY"), and Mary McGrath Architects, a California Corporation (hereinafter "CONTRACTOR"). Q WHEREAS, the City wishes to have an Essential Facilities Strategic Plan which will build on the foundation of past studies and committee work, to comprehensively analyze and present a prioritized strategy; WHEREAS, on October 1, 2014, staff issued a Notice Inviting Proposals for an Essential Facilities Strategic Plan and received nine proposals by the deadline of October 31, 2014; WHEREAS, AS, the City Council's Facilities Subcommittee interviewed the top three firms on November 10, 2014 and directed staff to work with finalists to further develop the scope of work and fees and conduct reference checking; and WHEREAS, on December 2, 2014, the City Council's Facilities Subcommittee decided to recommend to the full City Council an Agreement with Mary McGrath Architects for architectural services to prepare an Essential Facilities Strategic Plan. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. Under a separate agreement, the CITY is contracting with Kitchell as PROJECT MANAGER related to the Strategic Plan. The Assistant City Manager will oversee both contracts for the CITY and 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. Mary McGrath 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 the duties and/or provide services as shown in the attached document marked as Exhibit A submitted by Mary McGrath Architects which includes the Project ILev. Date: 1/30/14 Understanding, Project Approach, and Rate Summary. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and, to the best of its abilities, provide all relevant prior studies and surveys to Mary McGrath Architects as a starting point for the Strategic Plan. IMEEK "WIMIN An" W For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR a total professional services fee of $157.243 with reimbursable expenses of an additional $7,862 for a total of $165,105. The City Manager, or her designee, will also be authorized to approve tip to $16,5 10 for additional services and expenses as directed by the CITY. 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 be for six months commencing on January 1, 2015 and ending on Rine 30, 2015. Upon mutual agreement of the parties', and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period but not longer than one year. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (3 0) 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 tinder 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 tinder this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. Rev, date: 1/30114 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. 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. A. Scope of Coverage. During the terin 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 perforins 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 CONTIZACTOR'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 and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. Rev. date: 1/30/14 B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. 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. 2. The additional insured coverage under CONT2ACTOR'S insurance policies shall be primary 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 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 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. & 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 lin-fits 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 CONT CTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any Rev. date: 1/30/14 4 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. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be perfon-ned by a design professional as that term is defined under Civil Code Section 2782.8. CONTRACTOR shall,., to the fullest extent permitted by law, indemnify, release, defend and hold han-nless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the perfori-nance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, Rev. date: 1/30/14 5 except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. 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 tinder this Agreement. 13. COMPLIANCE WITH ALI., LAWS, CONTRACTOR shall observe and comply with all applicable federal., state and local laws, ordinances, codes and regulations, in the perforinance 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. 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: Assistant City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Rev, date: 1/30/14 TO CONTRACTOR's Project Director: Mary McGrath Architects 505 17"' Street, 2"d Floor 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. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR imder this Agreement, any monies which CONTRACTOR owes CITY wider 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 Rev. date: 1/30/14 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. CTI'Y shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CI'T'Y with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. NANCY MAC E, City Manager ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City ttorney Rev. date: 1%30/14 CONTRACTOR Bye \ : Name: Title: } Exhibit A City of San Rafael ESSENTIAL FACILITIES STRATEGIC PLAN December 1, 2014 The City of San Rafael wishes to engage an interdisciplinary planning and engineering team to update their existing facilities condition assessments, while creating a defendable and operationally forward thinking Essential Facilities Strategic Plan for the [hv of San Rafael Police and Fine Department. The Study shall enable the City ofSan Rafael to plan appropriately and effectively for replacement and/or upgrade of the City's Essential Facilities. Current Facilities Station 5I— I039 C Street, San Rafael, CA949OI Station 52— 2I0 Third Street San Rafael, CA 94901 Station 53 - 30 Joseph Court, San Rafael, CA 94901 Station 54— 46 Castro Avenue, San Rafael, CA 94901 Station 55— 955 Point San Pedro, San Rafael, CA 94901 Station 56— 65ODel GanadoRoad, San Rafael, [A949O1 Station 57— 353OCivic Center Drive, San Rafael, CA949OI Police Department/City Hall — I4OO5th Avenue, San Rafael, CA9490I The Strategic Plan is intended to update the fad|hv assessments created through the 2003 Facilities Evaluation Report, provide an assessment of the current police and fine department operational procedures as they relate to current and future space needs, create alternatives, gather shareholder input and document the following: � Provide anassessment ofthe current police and fire department operational procedures asthey relate tocurrent and future space needs. — For the fire facilities, develop department -wide facility standards for each use and station type. The standards will include detailed space needs, component diagrams, specialty equipment and furnishing documentation, standardized site criteria, and specialty product standards which can be used to evaluate each existing station ornew sites for relocated or combined stations. — For the police department, create a detailed assessment of the police operations space needs for current, IOand ZOyear staffing plans. The needs assessment will include detailed space needs, component diagrams, specialty equipment and furnishing documentation, records storage, holding requirements, exterior sally port and other site support requirements. a Fire Facilities -Initial Options Development - Merge the Standards of Coverage study data with the results of the fire space needs analysis 10determine the opportunities and constraints at each fire facility location to determine the most cost effective and operationally appropriate direction for facility improvement. This may include: renovation and expansion, replacement, replacement and relocation or modernization. Based on the possible improvement scenarios, and whether facility is structurally deficient or functionally obsolete, develop additional data at the facility locations which are candidates for renovation. In Police Station and Headquarters Fire Station - Options Development - Based on the Law Enforcement Space Needs Study and the Fina Headquarters Station Space Needs; create an overall space needs study identifying joint use spaces for the development ofa joint Public Safety Center. - Based on the Law Enforcement Space Needs Study' evaluate the possibility of adding ontothe existing City Hall site and utilizing a portion of the City Hall for police functions. This includes assessing the facility condition of City Hall. - Based onthe Law Enforcement Space Needs Study' evaluate the possibility nfa stand-alone police facility onthe site across from City Hall. - Evaluate opportunities to co -locate Headquarters Fire Station No. 51 with another five station and/or evaluate alternative locations for a replacement Fire Station No. 51 at alternate locations based on the Standards of Coverage Study. � Fine stations which have been identified in the Standards of Coverage study as candidates for remaining on their existing site will be studied further. Our team will evaluate selected existing facilities to determine their location related to liquefaction zones and key seismic elements which weaken the buildings. The selected fire station facility assessments created through the 2003 Facilities Evaluation Report will be updated to reflect current industry standards for seismic assessment, as well as current building conditions and operational suitability. � Evaluate sites identified as potential locations for fire department relocated or combined facilities which are determined to merit relocation and replacement as determined by the Standards ofCoverage Study � Develop a Summary ofProjects listing as a starting point in the planning process and dig deeper into those projects that havethe highest potential for meeting the priorities of the City. The Summary of Projects list shall identify which projects are most critical in relationship to need' operational improvement, potential community partnership and those that could be implemented within an overall Program Budget. The Strategic Plan Working Committee will be a key partner in developing the recommendations for priorities. The development of improvement alternatives which provide the best K NJ cost/benefit ratio is the goal. A Pros and [ons Analysis will be created for each alternative and include cost as one of the factors. Aninitial Order of Magnitude budget will becreated that responds tothe Needs Assessment she and building square foot goals. The budget development process will be iterative and costs will be refined as each portion of the study moves forward. This iterative cost planning method will guide the Strategic Planning Team inthe formation of the project options to evaluate in the subsequent steps of the strategic plan. A "high- level" look look atthe overall program budget compared to the identified needs isthe first step which concludes in Program Level Cost Plan tied toschedule and aspecific set of project recommendations. � The Draft Strategic Plan document will be clear and concise, using graphics as necessary to convey the intent. The Analysis and Assessment document will be published as a separate volume. The draft plan will be presented to the Strategic Planning Working Group and the Facilities Subcommittee in preparation for presentation to the City Council. The final Facilities Strategic plan will be presented insummary form as well as the more comprehensive report containing clear graphics and will incorporate components ofthe Standards ofCoverage Document. " The final Summary ofProjects including site and facility programs, associated costs and schedules will be formalized in a Strategic Plan which, both' maximizes the available funding and benefits tothe citizens ofSan Rafael. a Rol V1 rard US J, -1,107 TTAWU This task will begin the process of defining how the project will be managed, communication goals and techniques will be identified and a consistent meeting schedule established. VVewill review the preliminary project schedule through project completion and prepare refinements as necessary. This executive level meeting will begin eadydiscussion on what might be the mission statement of the Strategic plan. As this mission statement evolves it will seek to define overall objectives cfthis study. We will review critical sections of the existing project data (including all response reports, previous fad|hv studies and reports, construction documents of existing facilities) with the project team mMiceb) gain an overall understanding of how each report is viewed and which elements have been endorsed by the Essential Sen/ice Facilities Strategic Committee. 0 Meeting Minutes IN Project Schedule for Strategic Plan Implementation with updates as the plan progresses a Communication Plan We will define current and future space needs for each unit type. We will work with the Fire Department to identify the stakeholders for each of the specific user groups and design together an information gathering approach. Often fire department stakeholders are guided by an executive cmnnnnhtee and are represented in project specific design committees, all hands meetings at specific locations and/or a department -wide design committee that guides the entire process; or a hybrid of the three. The goal is to engage the stakeholders that can best represent the department's operational needs, ones that are consensus -based and will hold a stake in the future planning. ° Headquarters —This team should include members from the command staff, administrative staff, emergency planning staff, medical staff, vehicle maintenance, fire prevention, EOC,training and warehousing. = Fire StatiVns—We recommend that acouple of fire fighters from different ranks and responsibilities be assigned to the Strategic plan committee. We would add N knowledgeable staff for each specialized operation to provide input on the special programs that currently occur at the different stations (hose repair, SCBA repair, etc.) ® Training Facilities - We suggest consulting the executive team and Training Officer for input on which the stakeholders are for this specialty facility. The USAR team leaders are often a contributor to this process. USAR/Hazardous Material. Teams - The specialty requirements of the USAR and Haz Mat apparatus and equipment storage and staging are typically presented by the team leaders and their representatives. This committee may be combined with the training or headquarters committee depending on the operational goals of the team. Law Enforcement The needs study will use the collection of both qualitative and quantitative data. A data request will be submitted to the Departments at the start of the project. The quantitative information will be analyzed in the context of current and future law enforcement needs. The information will also be used to develop an interview protocol that includes a list of personnel to interview, an interview schedule, and a set of interview questions. With the assistance of the Department, interviews with the identified staff will be scheduled and conducted. The results of the interviews will be reviewed and analyzed in conjunction with the quantitative data to identify the current and future needs of the agency. From our review of the Critical Facilities Committee Final Report Dated April, 18, 2005 and our recent site visit, we have noted that the police facility was identified in 2005 to suffer from overcrowding, and had security issues intrinsic with a lack of space. The facility lacks adequate space for evidence storage, safe detainee transfer, an armory and other essential law enforcement needs. We understanding that addressing this aspect of the Strategic Plan will be the most challenging (along with the Headquarter Fire Station) in developing a strategy within the funds available. In addition, the EOC which was originally identified to be in the City Hall Council Chambers has now been relocated to a leased building south of Fire Station No. 51. The EOC program location will need to be addressed as a part of the needs assessment. Below is a project approach and work plan that identifies the particular steps the team would take to complete the law enforcement needs assessment. This plan can be modified if needed to fit the requirements of the Police Departments and will be used by our team and the City's project manager as a guide to conducting the needs assessment. There are 5-6 specific teams that we recommend are assembled: ® Office of the Chief of Police/Administration ® Support Services Division; Records ® Special Operations Division; Youth Services, Investigation, Property and Evidence ® Field Operations, Patrol ® Temporary Holding 5 Each facility needs assessment will be develop through a series of interviews and a discussion on operational goals for the specific functions. Over a span of three days will meet with each user group to learn of their operational goals and requirements. We will evaluate both current and future operations in the development of the space needs referring to previous studies as guide posts. Component diagrams will be used to demonstrate our understanding of the use of each space and the specialty furnishings and equipment that each space needs to support. An analysis of the site operations will be conducted so that site access, deliveries, parking, fueling, site circulation and support features can be adequately planned for. Sustainability is an important part of a Strategic plan. The sustainable goals of the City will be incorporated into the Facility Standards and ultimately be factored into the overall project budgets. Finally, a cost per square foot Order of Magnitude budget will be created that responds to the Needs Assessment site and building square foot goals. This budget will guide the Strategic Planning Team in the formation of the Options to evaluate in the subsequent steps of the strategic. This is a "high-level" look at the overall program budget compared to the identified needs. Concurrent with the Order of Magnitude Budget Projection, the Standards of Coverage Study results will be evaluated to determine options for fire facility mergers and/or relocations.. These results of these two portions of the study will be used to guide the strategic plan and inform the team on which projects merit further study. Deliverables ® Component diagrams to demonstrate space layouts ® Building Space Needs Summary for each facility type ® Site Space Needs Summary ® Sustainable Goals Summary ® Order of Magnitude Budget Projections ® Standards of Coverage Options Evaluation High Level Summary of Project Options for further study ® Meeting notes Meetings ® 3 -Day -long programming exercise to gather data with User Groups A second meeting with each User Group to confirm space outlines and component diagrams ® A workshop to present draft final reports, review the Order of Magnitude projections, evaluate the Standards of Coverage options and identify the Summary of Project options for further study with the Facility Sub -Committee and Strategic Planning Working Group RI TASK 3 — SITE ARRANGEMENT DIAGRAMS Site arrangement diagrams will be prepared for each type of facility identified. These diagrams will be used as a bench mark for assessing existing sites and for identifying site options in the event that a facility is relocated. This work is completed just following the space needs outlines. Both Law Enforcement and Fire Station site layouts will be developed. The Law Enforcement site arrangement diagrams will focus on the two known sites available for the facility. The fire station options will be use to develop a site size benchmark for selecting new sites as identified in Standards of Coverage results. For the fire facilities, the site arrangement diagrams will demonstrate vehicular flow including fire apparatus, delivery vehicles, public parking, and fire fighter parking; secure zones, general building arrangement and orientation. For law enforcement, the site study will evaluate the existing City Hall/Police Station site comparing the current site amenities with those identified in the space needs outline. The design team will also study the site across the street from the current City Hall to determine how a Public Safety Center or stand-alone police station might fit at that location. Each evaluation will also determine the ideal building orientation for sustainable design and develop a LEED check list for possible sustainable site and building elements to consider. Anticipated Products Meetings ® A site arrangement diagrams for relocated fire facilities to establish minimum site size. ® Site specific diagrams for the Law Enforcement Facilities ® Sustainable design checklist and goals ® One meeting to present site diagrams with the User Groups and then a second presentation as a part of the Strategic Planning Working Group and Facility Sub - Committee meeting above. TASK 4 — EXISTING FACILITY ANALYSIS and SPACE NEEDS COMPARISON The objective of this task is to update the existing facilities studies and provide an overall comparative assessment of the condition and adequacy of selected essential facilities serving the City of San Rafael. This portion of the study will occur following with the development of the space needs study and conclude in the graphic integration of the established space needs standards with existing conditions in those projects identified in the Summary of Project Options. Only selected stations will be further evaluated. The analysis and comparisons will include the following subtasks: J F ® Review available information on the existing buildings (City Hall and selected Fire Stations) and sites provided by the City to become familiar with the construction, configuration, and systems comprising the existing facilities and prior recommendations. • Overlay the spaces standards/needs development identified in Task 2 and determine the capability of the existing facilities to accommodate near-term and far -term growth/service. ® Perform and ASCE 31 — Level one Seismic Assessments of each facility to confirm the seismic vulnerabilities based on current code requirements. Note - Utilizing ASCE 31 is a different approach then the approach taken in the prior studies as it has been recently adopted into the CBC. With each building code cycle (approximately every 3 years) building codes for new design are modified to enhance structural performance during seismic events. However, engineering standards developed to evaluate existing buildings have lagged behind in development. ASCE/SEI 31-03 Seismic Evaluation of Existing Buildings has been accepted in the past few years as a baseline standard and is intended to replace previous evaluation guidelines such as FEMA 178 and FEMA 310 as the standard of practice for the seismic evaluation of existing buildings. As described in that document one of the primary goals is to include lessons learned from earthquakes that occurred subsequent to those previous documents (Northridge, Kobe, etc.). The ASCE 31 evaluation can be tailored specifically for an Immediate Occupancy (IO) performance standard appropriate for essential service facilities. The purpose of this study is to determine whether significant seismic deficiencies exist at the buildings, to determine the potential seismic risk of the buildings, and to provide general recommendations for reduction of seismic risk through mitigation. ASCE 31 will be used as a tool in assisting the engineer with this review. The analysis methodology of ASCE 31-03 employs a quick check methodology (Tier 1 analysis). The Tier 1 quick check uses a set of checklists and cursory calculations for each building type which contain evaluation statements that help to identify areas of concern with regard to the structure's ability to adequately transmit seismic forces to the foundation and supporting soils. This will be used to augment the previous 2003 studies and also to help prioritize the more serious issues with regard to mitigation programming. Findings in evaluations may be tempered with engineering judgment in determining whether the buildings may maintain their vertical load capacity during a significant seismic event. In our evaluation of the lateral systems, we will provide a list design features that will influence the performance of the buildings. Those items will be listed which are of significance for the performance of the building when subjected to strong ground motions during an earthquake. ® The assessment of the MEP systems serving each facility will largely depend on the extent of the renovation or expansion/renovation required to provide a facility that meets the operational requirements identified in the space study. If it [f] is extensive, the MEP assessment will be focused on main service capacities and the condition of site service laterals and will assume that most systems will need to be replaced as was suggested in the initial study. ® Provide an overall prioritized rating for each facility which ranks its condition and capability to comply with established standards and to accommodate projected growth as: Superior, Adequate; Needs improvement through repair/maintenance; Needs improvement through renovation; or Needs Replacement. Deliverables Meetings ® Functional analysis - programmatic comparison of how each facility complies with the new facility space standards. ® Matrix analyzing compliance with known standards/codes such as CDCR, ADA, OSHA, NFPA 1500, NFPA 1581, and the State of California Building and Energy codes. • Structural, mechanical and electrical system assessment updates ® Architectural condition analysis update ® Site functionality and condition assessment ® Final Condition Assessment Report and Space Needs Comparison Graphics • Summary of Recommended Improvements ® Existing facility tours at only those facilities identified to be renovated or replaced on-site. ® Meeting to present update facility condition analysis and initial space needs comparisons with User Groups, Strategic Planning Working Group and the Facility Sub -Committee. TASK 5 - PRELIMINARY ORDER OF MAGNITUDE COSTS and PROGRAM -WIDE COST PLAN The scope of this work will begin as the space needs are developed and order of magnitude costs are established and will continue through the development of options until a final strategic plan approach is agreed upon. This iterative budget process will assist the team in determining development options which merit a deeper understanding of scope and related costs. As noted in Task 2, a "high-level" cost plan for each of the facilities programmed above will be prepared to define options for further study. As the options are developed and refined a deeper look at the cost plan will be used to determine, on a program -wide basis, which group of projects meets the highest number of priorities established at the onset of the strategic plan process. As the final options are developed, the schedule is overlaid with the cost plan, and escalation factors are added. The schedule development is an iterative process as well. Schedule is a cost driver GJ and the goal will be to maximize funds available byshortening the development timeframe as much as possible. The final Cost Plan will consider all components of the project both hard and soft costs and schedule. The cost estimator will provide analysis of relative bid costs for projects of similar scope and scale to be used in determining a cost per square foot budget for each facility. Site costs will be tailored to each site as the options are refined. Elements to be included: a Construction Costs a Demolition • Specialty equipment ° Furnishings = Temporary facilities • Relocation costs Is Administrative, permit and bidding costs = Project contingencies = Escalation (adjusted tVfinal schedule) = Legal fees � Land costs Meetings • Order of Magnitude Cost for each facility and site alternative • Alternative Program Cost Plans asthe recommendations are refined. • Draft Implementation Schedule with Alternatives � Multiple meetings over the development of the Strategic Plan as a part of the work above. The initial meeting will be with the User Groups. The second meeting will be with the Strategic Planning Working Group and the Technical Advisory Committee. The final meeting will include the Facility Sub -Committee. Through aninteractive collaborative workshop, our team, the StrategicPlanning Working Group and the City Council Facility Sub -Committee will complete the study mission statement as a means to refine city priorities relating to operations and overall facility development. The Summary mfProjects plan alternatives developed above will be ranked as a means to hone in on the implementation plan that meets the highest level of priorities. Man alternative will be evaluated based on those priorities, rankings will be established and a set of final recommendations will emerge. Meetings Final Strategic Planning workshop with Strategic Planning Working Group and Facility Sub -Committee Anticipated Products Mission Statement - Final Draft ® Alternative Pro and Con summary with Rankings Recommended implementation plan with back-up documentation Refinement of Cost Plan Option for recommended plan as necessary Task 7— STRATEGIC PLAN DOCUMENT The draft Strategic plan will be prepared in two volumes. The first volume will contain the Analysis and Assessment information (parts 1, 2, 3, 4 and 5). The second volume, the Strategic plan itself is anticipated to contain the following sections with the order to be determined. There may be others as necessary to communication all the information developed: • Executive summary • Mission Statement • Overview of the San Rafael Police and Fire Departments • Response Analysis Summary (Based on work by Markus Weisner) • Overview of Space Needs Requirements based on Facility Type • Overview of Existing Essential Facility Updated Findings • Overview of Space Needs Comparisons with existing facilities • Summary of Projects Recommendations ® Cost Plan and Schedule Summary Study process summary including summary of community and stakeholder input The Final Report will be adjusted as necessary to address City Management comments and published as a final draft for circulation. Anticipated Products • Draft Strategic plan in printed form • Final Strategic plan in printed and electronic form 11 Meetings and Presentations ® Presentation to City Management Staff and Facility Sub -Committee ® Presentation to community stakeholders ® Final Presentation to City Council for adoption WORK SCOPE RECOMMENDED ADDITIONAL SERVICES, QUALIFICATIONS, EXCLUSIONS Recommended additional Services: ® Independent update of Order of Magnitude Costs program wide on an annual basis to confirm escalation factors match current market conditions. Products and services to be provided by the City: ® Geotechnical and Geohazards Studies ® Topographic Surveying, ALTA Surveys ® Hazardous Materials Studies Work that is not included in the Contract Work Scope above but is available up on request: a Summary of Facility Maintenance and Operation Cost ® LEED Documentation Preparation ® Cost Estimates by Trade ® New and Retrofit Facility Design beyond those design elements noted above. vv' City of San Rafael Essential Facilities Strategic Plan Hours Per Task/Rates Summary Task 1 Project Planning Mary McGrath Architect/ Intermediate Architects PIC PM Senior PA Designer Arch/Design Designer Technical Totals Architect/ Intermediate Desi ner Arch/Design Designer Technical Totals PM rate 1 $190 $175 $145 $125 $110 $90 $80 hours 1 16 0 0 0 0 0 16 total amount 1 $3,040 $0 $0 $0 $0 $0 $1,280 $4,320 Task 1:1 $4,320 Task 2 Space Needs Development - Standards Mary McGrath Architect/ Intermediate Architects PIC PM Senior PA Designer Arch/Design Designer Technical Totals Architect/ Intermediate Desi ner Arch/Design Designer Technical Totals PM rate 1 $190 $175 $160 $145 $130 $105 $95 hours 1 80 0 01 0 120 0 80 total amount 1 $15,200 $0 $0 $0 $15,600 $0 $7,600 $38,400 Task 2:1 $38,400 Task 3 Site Arrangement Diagrams Mary McGrath Architects PIC PM Senior PA Architect/ Intermediate Desi ner Arch/Design Designer Technical Totals PM Senior PA rate $190 $175 $145 $125 $110 $90 $80 hours 20 0 0 0 80 0 0 total amount $3,800 $0 $0 $0 $8,800 $0 $0 $12,600 Task 3: $12,600 Task 4 Existing Facilities Analysis & Space Needs Com arisons* Mary McGrath Architects PIC PM Senior PA Architect/ Intermediate Designer Arch/Design Designer Designer Technical Totals Totals rate 1 $190 $175 $145 $125 $110 $90 $80 hours 16 0 0 0 40 0 60 total amount $3,040 $0 $0 $0 $4,400 $0 $4,800 $12,240 $4,560 Consultant Structural** Mech I Plumb Electrical Civil Cost Consultant Structural* Mech Plumb Electrical Civil Cost Other Totals Fee $27,000 $4,500 $4,500 $4,5001 $3,600 $0 Fee $0 $0 $0 $0 $0 $5,185 $0 0`o mark-up $0 Sol $0 $0 $0 $0 $0 �$.. total amount $27,000 $4,5001 $4,5001 $4,5001 $3,600 $0 $0 Task 4: $56,340 Task 5 Preliminary Order of Magnitude Costs and Program -wide Cost Plan Mary McGrath Architects PIC PM Senior PA Architect/ Intermediate Designer Arch/Design Designer Technical Totals rate rate $190 $175 $145 $125 $110 $90 $80 0 hours 24 0 0 0 0 0 0 $0 $4,800 total amount $4,560 $0 $0 $0 $0 $0 $0 $4,560 Consultant Structural** Mech I Plumb Electrical Civil Cost Other ITotals Consultant Structural Mech I Plumb Electrical Civil Cost Other Totals $0 Fee $0 $0 $0 $0 $0 $5,185 $0 0 % mark-up $0 $0 1$0 $0 $01 $0 $0 $0 $18,388 total amount $0 Sol $0 $0 $0 $5,185 $0 $5,185 Task 5: $9,745 Task 6 Recommendations Development** Mary McGrath Architects PIC PM Senior PA Architect/ Intermediate Designer Arch/Design Designer Technical Totals rate 1 $190 $175 $145 $125 $110 $90 $80 hours 1 16 0 01 0 16 0 0 total amount 1 $3,040 $0 $0 $0 $1,760 $0 $0 $4,800 Consultant Structural** Mech I Plumb Electrical Civil Cost Other ITotals $8,000 $0 $0 $01$0 $10,388 $0 rk-u $0 $0 $0 $0 $0 $0 �F�ee mount $8,000 $0 $0 $0 $0 $10,388 $0 $18,388 Task 6:1 $23,188 11/25/2014 Page 1 City of Son Rafael Essential Facilities Strategic Plan Hours Per Task/Rates Summary Task 7 Strategic Plan Document and Presentations Mary McGrath Architects PIC PM Senior PA Architect/ Intermediate Designer Arch/Design Designer Technical Totals Site Arrangement Diagrams $12,600 rate 1 $190 $175 $145 $125 $110 $90 $80 Recommendations Development" hours 1 24 0 01 0 24 01 40 Task 7 total amount 1 $4,560 $0 $01 $0 $2,640 $01 $3,200 $10,400 Consultant Structural Mech I Plumb I Electrical I Civil I Cost I Other JTotals Fee $ol $0 1 $ol $01 $01 $2,2501 $ol 0 % mark-up $0 $01 $ol $01 $ol $ol $01 total amount $0 $ol $ol $01 $01 $2,2501 $01 $2,250 Task 7:1 $12,650 Total Fee: Task I Project Planning $4,320 Task Z Space Needs Development—Standards $38,400 Task 3 Site Arrangement Diagrams $12,600 Task 4 Existing Facilities Analysis & Space Needs Comparisons* $56,340 Task 5 Preliminary Order of Magnitude Costs and Program -wide Cost Plan $9,745 Task 6 Recommendations Development" $23,188 Task 7 Strategic Plan Document and Presentations $12650 Total Professional Services Fee: $157,243 Suggested Budget for Reimbursable Expenses $7,862 The structural fee in this section is an allowance and will be adjusted depending on the number of facilities that require detailed assessments including City Hall. * This added fee allows for optional structural schematic design work to allow the team to define the scope and cost requirements in more detail. 11/25/2014 Page 2 MARYMCG-01 ROSEM DATE IMMJDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 121812014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0E67768 NAMERCT All Smith IOA Insurance Services PHONE 4350 La Jolla Village Drive AJC, No, EXt, (619) 574-6220 (AIC No). (619) 574-6288 Suite 900 ADDRESS: Ali.Smith@ioausa.com San Diego, CA 92122 _ INSURER(S) AFFORDING COVERAGE NAIC # INSURER RLI Insurance Company 13056 INSURED INSURERB. Mary McGrath Architects INSURER 50517th Street, Second Floor INSURERD: Oakland, CA 94612 i_NSURER_E_: _ I-INSURERF COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOT`lVITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT'NJITH 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. LIPvIITS SHObVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ACCORDANCE WITH THE POLICY PROVISIONS. iM1J L�SUBRT--- -i---—POLCY FBF-l�h1CICY --- TYPE OF INSURANCE LIMITS LTR ': INSD aVD ''l POLICY NUMBER MM/DDJYYYY MMIDWYYYY) Attn: Assistant City Manager A X COMMERCIAL GENERAL LIABILITY 1,000,000 X X :PSB0001617 0710112014 i 07/01/2015 1,000,000 �X'i Contractual Liab. Lrr ., ; 10,000 X �, No Co. Owned Autos -_ 1,000,000 2,000,000 ' - - X __ _ : .• ( - 2,000,000 __—_— Deductible 0 AUTOMOBILE LIABILITY 1,000,000 A X PSB0001617 07/01/2014 07101/2015 N---- „ X X I- —� a ,r UMBRELLA LIAR', EXCESS LIAR WORKERS COMPENSATION ''. X - - AND EMPLOYERS LIABILITY Y IN A — PSWO001137 OW01r2014 08/01/2015 - 1,000,000 N J A Mandatory in NH) = _-E - ri r E1 - " 1,000,600 - --- 1,000,000 A Prof Liab/ Ims Made 0310112014!RDP0014146 03/01/2015 Per Claim 1,000,000 A Ded.: $5k Per Claim RDPOO14146 03/01/2014 03/01/2015 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Operations City of San Rafael, its officers, agents, employees, and volunteers are Additional Insured's with respect to Generali ired & Non -Owned Auto Liability per the attached endorsement as required by written contract. Insurance is Primary and Non -Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION @ 1988-2014 ACORD CORPORATION. All rig hts reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Rafael AUTHORIZED REPRESENTATIVE Attn: Assistant City Manager 1400 Fifth Avenue P.O. Box 151560 I i� 1 1 1 San Rafael, CA 949115-1560 @ 1988-2014 ACORD CORPORATION. All rig hts reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Named|nnured: Mary McGrath Archilents RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION 11 — LIABILITY C. WHO |8A0 INSURED is amended to include as anadditional insured any person ororganization that you agree in a contract or agreement requiring insurance toinclude aaanadditional insured onthis poUoy, but only with respect to liability for ''bodily injury", "property damage' or "personal and advertising injury'. caused 'in whole or in part byyou orthose acting onyour behalf, n. |nthe performance ofyour ongoing operations, b. In cunnectmnw|th premises owned bynr rented toyou; or c. In connection with "your mmrk" and included within the ^pmduct-comp|eted operations 2. The insurance provided tothe additional insured by this endorsement is|imihadasfn|lows� a This insurance does not apply on any basis to any person or organization Fbrwhich coverage as an additional imsuned specifically is added by another endorsement tu this po|ioy. h. This insurance does not apply to the rendering of or failure to ender any "professional c This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits ofInsurance. 3. The following iaadded to SECTION U| H.2. Other Insurance — C{)y0K8ON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION || — However, �fyou specifically agree in a contract or additional insured under this policy must apply on primary basis, or a primary and non-contributory bas|s, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named innureU, and we will not share with that other maunahoe, provided that. a The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into thatcontnact or agreement-, or b` The ^pensonal and advertising injur/'for which coverage is sought arises out of an offense committed after you have entered into that contract oragreement, 4. The following is added to SB]T|[}0 |U K. 2. Transfer afRights ofRecovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION U — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily in]ury^. "property damage" or "personal and advertising injury" arising out of 'Vour work" performed by you, or on your beha|[, under o contract or agreement with that person or organization. VVe waive these rights only where you have agreed to do so as part of a contract or agreement uvith such person or organization entered into by you before the "bodily Injury" or"property damage" occurs, or the "personal and advertising injury" offense /scommitted. PPB 304 06 10 Page 1 of 1 CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. a DATE OF MEETING: 12/15/14 FROM: Jim Schutz DEPARTMENT: MS DATE: December 4, 2014 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS FOR AN ESSENTIAL FACILITIES STRATEGIC PLAN (TERM OF AGREEMENT JANUARY 1, 2015 THROUGH JUNE 30, 2015, WITH A TOTAL BUDGET AMOUNT NOT TO EXCEED $165,105 PLUS $16,510 FOR ADDITIONAL SERVICES AS NEEDED). *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY APPROVED AS TO FORM: AGENDA ITEM: J V City Manager (sig ature) City Attorney (signature) NOT APPROVED REMARKS: PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for 0e- ria their signature. Obtain at least two signe I originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for`' Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; '€ bonds, and insurance certificates and �" 6,11 endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 'It 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contractln Department: ,4, .1 Project Manager: ,0 � / Project Name: .. � — S i a 6 Agendized for City Council Meeting of (if necessary): ` . p 4, M If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.