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HomeMy WebLinkAbout08/01/1989, 6 - CONTRACT FOR PROFESSIONAL SERVICES - MARSH STREET PARKING STRUCTURE MEETING DATE: I���a► �IVIIIII���I ���II city o� san lues oBispo COUNCIL AGENDA REPORT 'T NUMBER: INNIZO06 FROM: Wayne Peterson, City Engi SUBJECT: Contract for Professional Services - Marsh Street Parking Structure CAO RECOMMENDATION: Adopt resolution authorizing the Mayor to sign a contract with Bruce Frasier-Architect to prepare plans for the construction of Tenant Improvements within the Marsh Street Parking Structure. BACKGROUND: The plans for the Marsh Street Parking Structure were prepared by Conrad Associates beginning in the summer of 1987. The final form of the project was defined and the final construction plans began the plan check process in early 1988. During this same period of time staff was negotiating with a potential tenant for the retail area of the parking structure. During the summer and fall of 1988 these negotiations were carried on and the final lease was approved December 20,1988. At this point in time the construction plans were on the agenda for Council Approval at the next Council meeting. The late approval of the tenant lease meant that the improvements that we agreed to install in the lease with the tenant were not included in the construction plans and consequently, the construction contract now underway. i� �. The rental rate used as a base rate in the negotiated lease was established and included the value of the improvements proposed to be designed now. Staff has requested a proposal from Bruce Fraser which will allow the City to contract for the construction of the shell improvements. A proposal was not requested from Conrad Associates because these kinds of improvements would not be designed by them, but by subcontractors who would end up working with Bruce to do the job. Contracting directly with Bruce will result in better communication and a better product. Normally, under our Purchasing Manual, Section PC-402-1, staff would have sought proposals from a wide range of architectural consultants for a project such as this. In this case we did not because of the unique responsibility that Bruce Fraser has had in this project. Any other architect brought on at this stage of the project would not be able to proceed as expeditiously. Fiscal Impact: The work done in this proposal will cost a maximum of $19,140. The charges will be based on hourly rates, hours worked, expenses, and materials used. The cost of construction of the improvements being designed is estimated to cost about $200,000. Other Departmental Review: �� This contract has been reviewed by the City Attorney. JJNIVIJJJ� XfI city of San tuts OBISpo COUNCIL AGENDA REPORT Council Agenda Report Page Two Future Events: When these plans are completed staff will request the current contractor building the Marsh Street Parking Structure to construct the improvements as a change order. If the City and contractor cannot come to a suitable value for the work, it can be done by another contractor when the structure contractor has completed his work in the areas affected. This would mean some delay in the time when the tenant could occupy the structure. Staff Recommendation: Staff recommends that the Mayor be authorized to sign the attached contract. Attachments ' I - Resolution — Consultant Service Agreement i i f� � I I I N/wpmarshc �— ` bw O'/' RESOLUTION NO. (1989 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO SIGN A CONTRACT FOR THE DESIGN OF CERTAIN TENANT IMPROVEMENTS WITHIN THE PARKING STRUCTURE. ON THE CORNER OF CHORRO AND MARSH STREETS WHEREAS, the.Council in its 1,987 meeting authorized a contract with Conrad Building Systems to design the parking structure at the corner of Chorro and Marsh Streets. WHEREAS, the construction of the structure designed by Conrad Building Systems is now in progress and time is of essence; WHEREAS, Bruce Douglas Fraser; AIA, is a sub-consultant working on the Parking Structure designed by Conrad Building Systems; WHEREAS, the City has waived its established procedures for contracting for professional services because of the unique circumstances involved; WHEREAS, Conrad Building Systems is in agreement with the City contracting directly with its subconsultant; NOW THEREFORE BE IT RESOLVED that the Council hereby authorizes the Mayor to sign the contract with Bruce Fraser to design the tenant improvements the City is to provide within the Parking Structure as listed in the contract. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolutin was passed and adopted this _ day of 1989. MAYOR CATTEST: CITY CLERK Resolution No. (1989 Series) u Page Two APPROVE CITY AD INiSTRATIVE OFFICER CITY ATTOR EY Fi A CE DIRECTOR PUBLIC WORKS DIRECTOR CITY ENGINEER N/WPMARSHC CONSULTANT SERVICE AGREEMENT This agreement, made this day of 1989, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City" ), and Bruce Douglas Fraser, AIA (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with the development of a parking structure for approximately 280 stalls and approximately 16,000 square feet of commercial/office space. The services being provided by this consultant under this contract are for the design and construction administration of tenant improvements within a new parking structure located at the southerly corner of Chorro and Marsh Streets in San Luis Obispo. These services are identified in detail in Exhibit 'A'. WHEREAS, City desires to engage Consultant to provide services described in Exhibit 'A' by reason of its qualifications and experience for performing such services, on the terms and in the manner set forth in Exhibits 'B' and 'C' attached hereto. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: L PROJECT COORDINATION a. City. The Director of Public Works shall be the representative of the City for all purposes under this agreement. The Director, or his designated representative, hereby is designated as the Project Manager for the City and shall supervise the progress and execution of the project under this agreement. b. Consultant. Consultant shall assign a single Project Manager to liaison with the City's representative. Bruce Fraser is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the Execution of this agreement require a substitute Project Manager for any reason, the Project Manager of W Consultant Service Agreement ___/ Page Two designee shall be subject to the prior written acceptance and approval of the Director. Consultant's Project Team is further described in Exhibit 'C' attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit 'C' shall not be changed except by prior written approval of City. Such approval shall not be unreasonably withheld by the City. 2. DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit 'A' attached hereto and incorporated herein by this reference. b. Laws to be observed. Consultant shall to the extent of its abilities: (1) Notify the City of the need to procure permits and licenses, identify charges and fees, and give notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. Consultant Service Agreement Page Three c. Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. The Consultant shall be allowed, for promotional purposes, to make known the nature of the assignment in a general statement during the project and may reproduce design information after it has become public information or upon completion of this project. d. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. 3. DUTIES OF CITY a. The City shall provide full information regarding requirements for the Project including a program, which shall set forth the Consultant's design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. The City shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, archaeological data, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 1 Consultant Service Agreement Page Four b. The City shall pay all costs of the services of soil engineers or other consultant when such services are deemed necessary by the Consultant and are approved by the Project Manager. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. c. The City shall pay all costs for permits and plan check fees. d. The City shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the City may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by or on behalf of the City. e. The services, information, surveys and reports required above shall be furnished at the City's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. f. if the City observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the City to the Consultant. g. The City shall furnish required information and services and shall render approvals and decisions as expeditiously as possible for the orderly progress of the Consultant's services and of the Work. 4. COMPENSATION a. The Consultant will perform the work in phases as described in Exhibit 'A'. b. Consultant will bill City as provided for in consultant's fee scheduled as described in Exhibit 'C' attached hereto. City will pay this bill within 30 days of receipt. The Consultant may not charge more than the phase amount shown in Exhibit 'B' without prior i Consultant Service Agreement Page Five approval of the City's Project Manager. c. If this contract is not completed within two years from the date of contract, due to no fault of the Consultant, the parties shall renegotiate the fee to account for inflation and additional time spent on the Project. 5. TIME FOR COMPLETION OF THE WORK a. Project scheduling shall be as required to assure that the construction project now underway is not delayed and that the improvements designed under this contract can be constructed in an orderly fashion by the City's current contractor. b. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. TEMPORARY SUSPENSION The Public Works Director shall have the authority to suspend the project under this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. In the event of a temporary suspension of more than two months, the Consultant may request City to consider renegotiation of the fee to account for inflation and additional time spent on the Project due to the delay. 7. SUSPENSION TERMINATION a. Right to suspend or terminate. The city retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to the effective date of termination and by paying the compensation due and payable to the date of \ termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City, and which should take into account the work 6 Consultant Service Agreement Page Six completed up to the date of termination. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed by mutual agreement and his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement, except as per paragraph #9 following. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION. Consultant shall furnish city with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 9. OWNERSHIP OF MATERIALS All original drawings, models, plan documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. The consultant may retain a reproduceable copy for their records. ; Consultant Service Agreement Page Seven 10. INDEPENDENT JUDGMENT Failure of City to agree with Consultant's independent finds, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT: SUBCONSULTANTS: EMPLOYEES This agreement is for the performance of professional design and construction administration services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. It is understood by the City that the Consultant shall retain the services of Subconsultant as identified in Exhibit 'C'. 12. NOTICE All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addresses as follows: To City: City Clerk's Office City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93404-8100 Attn: Pamela Voges, CMC To Consultant: Bruce Douglas Fraser, AIA 890 Osos Street, Suite B San Luis Obispo, CA 93401 13. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, C_ direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the 0/-// 1 Consultant Service Agreement Page Eight performance of this agreement no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers, agents, and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; b. Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; c. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; d. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and Consultant Service Agreement Page Nine e. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Consultant. 15. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the Sate of California, which require every employer. to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. INSURANCE At the request of the City, Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile) and professional liability insurance ($250,000) satisfactory to the City. City shall be an additional :named insured. 17. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. i Consultant Service Agreement Page Ten 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, naitonal origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of Consultant Service Agreement California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby by found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two-hundred-fifty Dollars ($250) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. I Consultant Service Agreement Page Eleven 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement on the day and year first above written. Bruce Douglas Fraser, AIA By City of San Luis Obispo By MAYOR ATTEST: CITY CLERK wpmarshc EXHIBIT "A " PHASE TWO SCOPE OF SERVICES FULL. LEASE IMPROVEMENTS A - DESIGN SERVICES TASK A L BACKGROUND DATA ASSEMBLY Prepare large scale plan, section , and ceiling plan drawings of lease space TASK TENAN'r MEETINGS Meet with Rileys representatives as required La confirm program requirements for partitions , wall and ceiling surfaces , HVAC systems , electrical. power and Lighting systems TASK A3 SCHEMATTC DESIGN Develop large scale design of Lease space , including reflected ceiling plans TASK ..l DESIGN REVIEW Review schematic design with Rileys representatives , Cit,• representatives , Buildinl Division , and consul-ting engineers to confirm adequacy of design and compliance with regu_Lator• . requirements TASK :X5 COST r.STT-MATE. prepare a preliminary estimate of probable construct_ ion cost for reference in subsequent. construction proposals B - CONSTRUCTION DOCUMENT PRODUCTION SERVICES TASK 81 DESIGN REVISIONS Make revisions to the schematic design as required to respond to comments received during Task A,1 , above TASK B2 SYSTEMS ENGINEERING Perform engineering of electrical , 11"ghtin;; , alarm , fire sprinkler supply, and HVAC systems TASK Lia STRUCTURAL LNTEGRATION Review Layout. of proposed work with Conrad Associates to c2onfirm compatabi. lity with st.ructural design I 1 %,G �? TASK 13.1 CONSTRUCTION DOCUMEN'r PRODU(:'rION Prepare architectural , electrical , and mechanical workirrle drawings adequate for accurate bidding of the required work , and for review by the Building Division in connection with issuance of a buildinr; permit TASK 135 SPECIFICATION PRODucTION Prepare CSl format specifications descrihinL� the materials and assemhLies to he used in Construction of these lease improvements TASK B6 PF.RMTT COORDINATION Provide liaison with the Buil.diR4 Division as required to acquire a building permit for the RiLeys lease Improvmenet.s Project C - RIDDING AND CONSTRUCTION ASSISTANCE SERVICES TASK CI BID DOCUMENT ASSEMBLY Assist, City with the development of a complete bid package for release to bidder( s ) for Lease improvmmeet construction TASK C2 PROPOSAL REVIEW RPvies; srrmbLtted proposal ( s ) for construction to confirm completeness , and make recommendations to City repr•r-sent.ati.ves rearding proposal acceptance TASK C3 CLARIFIC'ATIONS DURING ('ONSTRI.!CTI.ON Provide cl_arit' Lcatiolis of the construction documents during construction to assist the Contractor with completion of lease improvement work . TASK C4 SUBMITTAL REVIEW° Review the Contractor ' s subm.ittal.s and shop drawings in order to recommend acceptance or rejection to City represental. ives TASK C5 CONSTRUCTION OBSERVATION Make periodic observations of the lease improvement: cons trtic t : C.. t0 —rrf : rm —nstrtictipn quality and compliance with the approved construction documents IF ASK C(i CI,OSF.-0i1'r DOCI!ML'NTATLON Prepare pre-final and final pun(�h lists at the completion of lease improvement. Const,ructiorn , and provide st.at.e and city mandated Crrt.ificar. ions in connection with complf�t.ed work EXHIBIT " B" PHASE TWO PROFESSIONAL FEES FULL LEASE IMPROVEMENTS A - DESTGN SERVICES Tlie Archi r.Nccural. Office of !Bruce Douglas Fraser , AIA : 3 , 100 . 00 - Cf)NSTR.UCTION DOCUMENT PRODUCTION SERVICES The Architectural. Office of Bruce Douglas Fraser• , AIA : 5 , 990 . 00 Brummel , Myrick & Associates : 1 , 300 . 00 Thoma Electric Company : 3 , 750_00 C - BIDDING AND CONSTRUCTION ASSISTANCE SERVICES The ;\rchitectural Office of Bruce Douglas Fraser , AIA : 1 , 000 . 00 �I Brummel , Myrick fi Associates : 500 . 00 Thoma Electric Company : _.500 . 00 TOTAL FOR PHASE: $ 19 , 140 .00 EXHIBIT "C" PHASE TWO PROFESSIONAL RATES FULL LEASE IMPROVMENETS Effective as of July 1 , 1989 : The Architectural Office of Bruce Douglas Fraser , AIA Bruce Fraser. : 50 . 00 per hour Frank Seiple : 45 . 00 per hour .Andy havelaars : :30 . 00 per hour Mark Wi.lwand: 30 . 00 per hour Louisa Kluver : 9-2 . 50 per hour John Patterson : 22 . 50 per hour Brummel , Myrick & .associates Principals : 75 . 00 per hour Engineers : 50 . 00 per hour Drafters , Typists: 25 . 00 per hour Thoma Electric Company Principal : 65 . 00 per hour Encineers : 10 . 00 per hour Drafters , Typists : 25 . 00 per hour G