HomeMy WebLinkAbout10/04/1994, C-5 - DESIGN FOR SANTA ROSA BALLFIELD RESTROOM AND FRENCH PARK RESTROOM �IIIn�I�IiIYIIIII���j���I � r MEETING OATS:
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COUNCIL AGENDA REPORT ITEM NUMBER: /f_S
Meeting of October 4, 19944
FROM: Michael D. McCluskey, Public Works Directo�
Prepared by: Bridget O. Fraser, Engineering Assistant 1"
SUBJECT: Design for Santa Rosa Ballfield Restroom and French Park Restroom
CAO RECOMMENDATIONS:
By motion, approve and authorize the Mayor to execute a contract with Bruce Fraser, AIA,
in the amount of$20,500.00 for"Design Services:Santa Rosa Ballfield Restroom and French
Park Restroom, Specification No. 94-20A".
DISCUSSION:
Santa Rosa Ballfield Restroom. The restroom at Santa Rosa softball field is one of the
most heavily used within the City's park system. For eight months a year, this restroom is
open for public use seven days a week for adult softball and youth baseball games. The
existing building is over 40 years old and has extensive termite damage. Restroom fixtures
do not meet health department standards and ADA standards for accessibility.
French Park Restroom. The phased development of French Park is complete except for the
community room, which was to house the only restrooms planned for the park. Because
construction of the community room has been postponed indefinitely,on December 16, 1993
the Council approved a project to construct restrooms only.
On May 17, 1994, the Council approved a request for proposals for design services and
authorized staff to solicit proposals. On June 29, 1994 the City Clerk's office received and
publicly opened the proposals submitted. After reviewing and ranking the proposals, staff
interviewed the top firms on July 26, 1994. The top-ranked firm after the interviews was the
Architectural Office of Bruce Douglas Fraser, AIA.
FISCAL IMPACT:
Negotiated design cost: $20,500 Total budget available:
French Park Restroom $ 94,000
Santa Rosa Ballfield Restroom 77.000
$171,000
ATTACHMENT
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Agreement for Design Services
AGREEMENT FOR DESIGN SERVICES:
SANTA ROSA BALLFIELD RESTROOM AND FRENCH PARK RESTROOM
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of
, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as the City, and The Architectural Office of Bruce Douglas Fraser, AIA, hereinafter
referred to as the Architect.
WITNESSETH:
WHEREAS, on May 28, 1994, the City requested proposals for design services for the Santa Rosa
Ballfield and French Park Restroom Project per Specification No. 94-20A; and
WHEREAS, pursuant to said request, the Architect submitted a proposal which was accepted by the
City for fnuishing said design services;
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter
contained, the parties hereto agree as follows:
1. TERM. The term of this agreement shall be from the date this Agreement is made and
entered, as fust written above, until construction of the project is completed and accepted.
2. INCORPORATION BY REFERENCE. City Specification No. 94-20A and the Architect's
proposal dated on June 29, 1994 are hereby incorporated in and made a part of this agreement, although this
agreement and its attachments shall supersede any conflicting provisions in the incorporated documents.
3. SPECIFICATION DEVIATIONS. The deviations from Specification No. 94-20A which are
included as Attachment A to this agreement shall be acceptable to the City.
4. THE CITY'S OBLIGATIONS. For performing the work described in Section B of
Specification 94-20A, the City will pay and the Architect shall receive therefor the following payments:
$ 6,300 for Conceptual Design Services
14.200 for Construction/Bid Documents Services
$20,500 TOTAL COMPENSATION
5. THE ARCHITECT'S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by the City, the Architect agrees with the City to
do everything required by this agreement and the said specification_
6. AMENDMENTS. Any amendment, modification, or variation from the terms of this
agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the
City.
C-5-2
7. COMPLETE AGREEMENT. This written agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No
oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein
shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be
binding upon the parties hereto.
8. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Loris Obispo
P.O. Boa 8100
San Luis Obispo, CA 93403
Architect The Architectural Office of Bruce Douglas Fraser,AIA
971 Osos Street
San Luis Obispo, CA 93401
9. AUTHORITY TO EXECUTE AGREEMENT. Both the City and the Architect do
covenant that each individual executing this agreement on behalf of each party is a person duly authorized
and empowered to execute agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
ATTEST-. CITY OF SAN LUIS OBISPO,
A Municipal Corporation
Diane Gladwell, City Clerk Peg Pinard, Mayor
APPROVED AS TO FORM:
��iv�oCu � l�Ln„•��,,
Jeffrey�G.Jorgensen, City Attorney
ARCHITECT
Bruce Douglas Fraser,AIA
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ATTACHMENT A Page 1 of 3
AGREEMENT FOR DESIGN SERVICES:
SANTA ROSA BALLFIELD RESTROOM AND FRENCH PARK RESTROOM
DEVIATIONS FROM SPECIFICATION NO. 94-20A
The following terms and conditions are in addition to, or a revision of Specification No. 94-20A. If a conflict
arises between this Attachment A, 'Deviations from Specification No. 94-20A", and Specification No. 94-20A,
this Attachment A will prevail.
1. Minimum Services. Description of Work, Section 4.c., "Bid Assistance", and Section 4.d., "Construction
Administration', of the Specifications shall be eliminated.
2. Ability to Perform. General Terms and Conditions, Section 16, 'Ability to Perform", of the specifications
shall be modified to read:
'The Consultant represents that it possesses, or has arranged through subcontracts, all capital and other
equipment, labor, materials, and licenses necessary to carry out and complete the work of this
specification in compliance with currently prevailing professional practices and standards and with all
federal, state, county, city, and special district laws, ordinances, and regulations.'
3. Work Delays. General Terms and Conditions, Section 25, "Work Delays', of the specifications shall be
modified to read:
'Work Delays. Should the Consultant be obstructed or delayed in the work required to.be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any Act of God, or by the inability to obtain material, equipment, or labor due to
federal government restrictions arising out of defense or war programs, then the time of completion
may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the
Consultant. In no event shall the Consultant be responsible for delays caused by circumstances beyond
its reasonable control."
4. Hold Harmless and Indemnification. General Terms and Conditions, Section 30, "Hold Harmless and
Indemnification", of the specifications shall be modified to read:
'Hold Harmless and Indemnification. The Consultant agrees to defend, indemnify, protect and hold the
City and its agents, officers and employers harmless from and against any and all claims or liability
established for damages or injuries to any person or property, including injury to the Consultant's
employees, agents or officers to the extent that they arise from or are caused by the negligent acts or
omissions of the Consultant, and its agents, officers, and employees, in performing the work or
services herein; provided, however, that the Consultant's duty to indemnify and hold harmless shall not
include any claims or liability arising from the established negligence or willful misconduct of the City,
its agents, officers, or employees.'
S. Ownership of Materials. Special Terms and Conditions, Section 10, "Ownership of Materials', of the
Specifications shall be modified to read:
'Ownership and Use of Materials. All original documents and other materials prepared by or in
possession of the Consultant as part of the work or services under this specification shall become the
permanent property of the City following final payment to the Consultant and shall be delivered to the
City upon demand. The City shall not use the Consultant's work for another project or at another site
without written authorization from the Consultant."
Attachment A Page 2 of 3
6. Insur ince Requirements. Specification Section E, "Insurance requirements for Consultant Services", shall
be modified to read:
"The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of
the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
I. Insurance Services Office Commercial General Liability coverage (occurrence form CO 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 8 or 9
(non-owned and hired autos).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
I. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $250,000 per claim and aggregate.
Deductibles and Selr-insured Retention-.. Any deductibles or self-insured retentions must be not exceed
$10,000.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor, products and
completed operations of the Contractor, premises owned, occupied or used by the Contractor, or
automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, official, employees,
agents or volunteers.
2 For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
as respects the City, its officers, officials, employers, agents and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or
volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
'brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty(30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than ANI.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing mainte-
nance of the required insurance coverage. Original endorsements effecting general liability and automobile
liability coverage required by this clause must also be provided. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and
approved by the City before work commences.'
Attachment A Page 3 of 3
7. Termination/Temporary Suspension of Contract. If, at any time during the term of the contract, the City
determines that the project is not feasible due to funding shortages or unforeseen circumstances, the City
reserves the right to terminate the contract or suspend the contract for a time until such issues are resolved.
Consultant will be paid compensation due and payable to the date of termination or temporary suspension.
8. Extra Work/Work Out of Scope. If, at any time during the project, the consultant is directed to do work
by persons other than the City Project Manager and the Consultant believes that the work is outside of the
scope of the original contract, the Consultant shall inform the Project Manager immediately. If the Project
Manager and Consultant both agree that the work is outside of the project scope and is necessary to the
successful completion of the project, then a fee will be established for such work based on Consultant's
hourly billing rates as reflected in Attachment C or a lump sum price agreed upon between the City and the
Consultant. Any extra work performed by Consultant without prior written approval from the City Project
Manager shall be at Consultant's own expense.
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