2006/01/24 City Council Resolution (4)RESOLUTION NO. 2006-32
A RESOLUTION OF THE COUNCIL OF THE
CITY OF ROHNERT PARK
APPROVING THE ARCHITECTURAL SERVICES AGREEMENT WITH
COKER ARCHITECTS FOR THE COMMUNITY CENTER ADA
IMPROVEMENTS AND BEAM REPLACEMENT PROJECT
WHEREAS, the City is beginning a project at the Community Center to make the
building more accommodating to individuals with disabilities and to replace deteriorated
beams; and
WHEREAS, Coker Architects is qualified to manage the Community Center
project.
NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert
Park that it does hereby approve the attached Architectural Services Agreement with
Coker Architects for the Community Center ADA Improvements and Beam Replacement
project and the City Manager is authorized to execute this agreement for and on behalf of
the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 24`h day of January 2006.
ATTEST:
W
City
CITY OF ROHNERT PARK
� aor
Y
gt F0jtr t!N.
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR ARCHITECTURAL SERVICES
This Agreement is made and entered into this 24"' day of January 2006, by and between
the City of Rohnert Park, hereinafter referred to as the "City," and Coker Architects, hereinafter
referred to as the "Consultant."
WHEREAS, the City requires project management services on the Community Center
ADA Improvements and Beam Replacement project; and
WHEREAS, the Consultant is qualified and experienced to provide such services.
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
SCOPE OF WORK
M
Consultant shall perform those services described in Exhibit
2. COORDINATION. Consultant shall assign Ken Coker as project manager, to
personally participate in said work and to coordinate the activities of the Consultant. City shall
assign the City Engineer or his /her designee to manage this agreement on behalf of the City.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses for the different elements of the scope of work as shown in "Exhibit B "_
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
C. Payments due and payable to Consultant for current services will be within
the current fiscal year 2005 -06 budget or within an available appropriation or project account of
the City. In the event the City has not appropriated sufficient funds for payment of Consultant
services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to
the conclusion of the current fiscal year; payment for additional work is conditional upon future
City appropriation.
4_ TERM. The term of this Agreement shall be from the date of its execution until
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
TO CITY: City Engineer
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
TO CONSULTANT: Ken Coker
Coker Architects
3392 Mendocino Avenue
Santa Rosa, CA 95403
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom
notices, bills and payments are to be given by giving notice pursuant to this Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Failure of the Consultant to secure City's written authorization for
extra or changed work shall constitute a waiver of any and all right to adjustment in the contract
price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work
done without the appropriate City authorization.
7. TERMINATION
A. At any time and for any or no reason, City shall have the right to terminate
this Agreement by giving seven days written notice to Consultant and take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar
as they are complete and acceptable to the City, and pay the Consultant such equitable proportion
of the total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the
terms of this Agreement.
B. At any time and for any or no reason, Consultant shall have the right to
terminate this Agreement by giving seven days written notice to City.
8. CORRECTION OF WORK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct
any defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions
for delays beyond the Consultant's control. Time extensions will be equal to the length of the
delay or as otherwise agreed upon between the Consultant and the City. In such event,
compensation as set forth in the Scope of Work shall be subject to renegotiation upon written
demand of either party to the Agreement.
10. RECORDS OF PERFORMANCE. Consultant shall maintain adequate records of
contract performance costs, expenses, etc., and make these records available for inspection,
audit, and copying by the City during the agreement period and for a period of three (3) years
from the date of final payment.
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government
Code Section 7550, Consultant agrees to state in a separate section of any filed report the
numbers and dollars amounts of all contracts and subcontracts relating to preparation of the
report.
12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13. INDEMNIFICATION. Consultant agrees to save, keep, hold harmless and
indemnify City and its officers and employees from all damages in law and equity caused by any
negligent act or omission to act on the part of Consultant or any of its officers, employees or
subcontractors to the extent Consultant is responsible for such damages on a comparative basis of
fault and responsibility between Consultant and City. Consultant is not obligated to indemnify or
hold harmless City in any manner whatsoever for City's own negligence or culpable conduct.
e1
City agrees to save, keep, hold harmless and indemnify Consultant and its officers and employees
from all damages in law and equity caused by negligent act or omission to act on the part of City
or any of its officers, employees or subcontractors to the extent that City is responsible for
damages on a comparative basis of fault and responsibility between City and Consultant. City is
not obligated to indemnify or hold harmless Consultant in any manner whatsoever for
Consultant's own negligence or culpable conduct.
14. INSURANCE. Without limiting Consultant's indemnification provided herein,
Consultant shall take out and maintain, throughout the period of this Agreement, the following
policies of insurance placed with insurers with a current A.M. Bests rating of no less than A:VII
or its equivalent against injury/death to persons or damage to property which may arise from or
in connection with the activities hereunder of Consultant, its agents, employees or subcontractors:
A_ Comprehensive or Commercial General Liability Insurance at least as
broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001), in an amount of $1,000,000.00 per occurrence. If work involves explosive, underground
or collapse risks, XCU must be included_ If a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project or the general aggregate shall be twice the
required occurrence limit. Said policy shall contain, or be endorsed with, the following
provisions:
(1) The City, its officers, employees and agents, are covered as insureds for
liability arising out of the operations performed by or on behalf of Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
agents and employees_
(2) The policy shall not be canceled or materially reduced in coverage without
thirty (30) days prior written notice (10 days for non- payment of premium) to City by certified
mail.
(3) The inclusion of more than one insured shall not operate to impair the rights
of one insured against another insured, and the coverage afforded shall apply as though separate
policies had been issued to each insured, but the inclusion of more than one insured shall not
operate to increase the limits of the insurer's liability.
(4) For claims related to this project, the Consultant's insurance is primary
coverage to the City, and any insurance or self - insurance programs maintained by the City is
excess to Consultant's insurance and will not be called upon to contribute with it.
(5) Any failure to comply with reporting or other provisions of the parties,
including breach of warranties, shall not affect coverage provided to City, its officers, employees
and agents.
B. Automobile liability insurance with coverage at least as broad as ISO Forn
numbers CA 0001 06 92, Code I (any auto), for vehicles used in the performance of this
Agreement with minimum coverage of not less than $1,000,000 per accident combined single
limit (CSL). Such policy shall contain or be endorsed with the provision that coverage shall not
be canceled or materially reduced in coverage without thirty (30) days prior written notice (10
days for non - payment of premium) to City by certified mail.
C_ Worker's Compensation insurance meeting statutory limits of Labor Code
which policy shall contain or be endorsed to contain a waiver of subrogation against City, its
officers, agents, and employees and provide for thirty (30) days prior written notice to City in the
event of cancellation. If Consultant has no employees, Consultant may sign and file the following
certification in lieu of insurance:
W
"I am aware of the provisions of California Labor Code Section
3700 which requires every employer to be insured against liability
for workers' compensation or to undertake self- insurance in
accordance with the provisions 'of that code, and I will comply with
the provisions of that code before commencing with and during the
performance of the work of this contract. "
D.. Professional liability insurance /errors and omission coverage in an amount no
less than $1,000,000.00 combined single limit (CSL). If insurance is written on a claim -made
basis, Consultant agrees to maintain such insurance in effect for at least three (3) years following
completion of performance under this Agreement.
E. Consultant shall furnish City with certificates and original endorsements
effecting the required coverage prior to execution of this Agreement by City. The endorsements
shall be on forms provided by City or as approved by City Attorney. Any deductible or self -
insured retention over $100,000.00 shall be disclosed to and approved by City. If Consultant
does not keep all required insurance policies in full force and effect, City may, in addition to
other remedies under this Agreement, take out the necessary insurance, and Consultant agrees to
pay the cost of said insurance.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant
as a material inducement to entering into this Agreement. Consultant agrees to use reasonable
care and diligence in rendering services under this Agreement. Consultant agrees that the
acceptance of his work by City shall not operate as a waiver or release of said obligation of
Consultant. The absence, omission, or failure to include in this Agreement, items which are
normally considered to be a part of generally accepted professional procedure or which involve
professional judgment shall not be used as a basis for submission of inadequate work or
incomplete performance.
16. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working
for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making this Agreement. For breach or violation of this warranty, the City shall have the right to
annul this Agreement without liability, or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
17. CONFLICT OF INTEREST. Consultant covenants that it presently has no
interest and shall not acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of its services hereunder. Consultant further covenants that in the
performance of this Agreement, no person having any such interest shall be employed.
18. STATEMENT_ OF ECONOMIC INTEREST. If City determines Consultant
comes within the definition of Consultant under the Political Reform Act (Government Code
§87100), Consultant shall complete and file and shall require any other person doing work under
this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the
City of Rohnert Park disclosing Consultant and /or such other person's financial interests.
19. _MERGER. This Agreement shall constitute the entire Agreement between the
parties and shall supersede any previous agreements, whether verbal or written, concerning the
same subject matter. No modification of this Agreement shall be effective unless and until
evidence by a writing is signed by both parties.
20. DEFAULT. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terns of this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by
Consultant.
21. NO WAIVER OF BREACH, TIME. The waiver by City of any breach of any
term or promise contained in this Agreement sh`all not be deemed to be a waiver of such term or
provision or any subsequent breach of the same or any other term or promise contained in this
Agreement. Time is of the essence in carrying out the duties hereunder.
22. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
23. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either
party brings an action or proceeding for damages arising out of the other's performance under
this Agreement or to establish the right or remedy of either party, the prevailing party shall be
entitled to recover reasonable attorney fees and costs as part of such action or proceeding,
whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be
construed and interpreted according to California law, and any action to enforce the terms of this
Agreement or for the breach thereof shall be brought and tried in the County of Sonoma.
24. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in
performing the services specified herein, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. Consultant is not to be considered
an agent or employee of the City and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits City provides its employees. In the event City exercises its right to
terminate this Agreement, Consultant expressly agrees that he /she shall have no recourse nor
right of appeal under rules, regulations, ordinances or laws applicable to employees.
25. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such
taxes and other obligations, including, but not limited to, state and federal income and FICA
taxes. Consultant agrees to indemnify and hold the City harmless from any liability which it may
incur to the United States for to the State of California as a consequence of Consultant's failure to
pay, when due, all such taxes and obligations.
26. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its
performance under the Agreement either directly or indirectly on the grounds of race, color,
religion, sex, age, national origin, or other prohibited grounds in its employment practices, and
shall take affirmative steps to ensure that applicants are employed and employees are treated
during employment without regard to race, color, religion, sex, age, national origin, or other
prohibited grounds.
27. COMPLIANCE WITH LAW. Consultant shall comply with all applicable
federal, state and local laws, rules and regulations affecting the Consultant and his /her work
hereunder. Consultant represents and warrants to City that Consultant has all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required for Consultant to
practice Consultant's profession and to do the work hereunder. Consultant represents and
warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals which are legally required
for Consultant to practice his /her profession and do the work contemplated by this Agreement.
28. Ti T LE T O DOCUMENTS. T S. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data
prepared or obtained under the Agreement shall be made available, upon request, to the City
without restriction or limitations on their use. Consultant may retain copies of the above -
described information but agrees not to disclose or discuss any information gathered, discussed or
generated in any way through this Agreement without the written permission of City during the
term of this Agreement or until ninety (90) days after receipt of final payment from City.
29. INTERPRETATION. Notwithstanding the fact that one or more provisions of
this Agreement may have been drafted by one of the parties to this Agreement, such provisions
shall be interpreted as though they were a product of a joint drafting effort and no provisions shall
be interpreted against a party on the ground that said party was solely or primarily responsible for
drafting the language to be interpreted.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK: CONSULTANT: Coker Architects
By:
Stephen R. Donley, City Manager (Dare) (Name%rtle) (Date)
Per Reso. No. 2006— adopted by the
Rohnert Park City Council on
ATTEST:
Clerk
APPROVED AS TO FORM:
ksl4m4-
City Attorney
0
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the
authorized representative of the firm of
whose address is
and that neither I nor the above firm I here represent
, and a duly
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date Signature
1.. JBIT A
COKER
A R C H i T f C 1 S
3'39Z Mendocino AV- not
S >ou Ama CGhfornia
95403 2213
Tr1707 527 0 @611
Fxa 707 566 8341
12 December 1005
Todd l.oc
Greyxwm West ComPanY
17551 Arnold Dfivt
Sa>g"uk CA 95476
Re: City of Xobzcn Park
Commvoilty Coct<T Truss Repair
6t Acd- 4bihtY Upgradta
Todd,
I ayyroeiste ox oppomma to Psi tm propoul ft architea-al surucUmd, mcehwtical and tlomcal
eugiueoring mavScos The the truss rtpsir mend nooesatbility upgrades far the City of P ohmest Park Gemmu nity
C tier. Following is tlee Scope of Work, Services and ProPosed C mP- tatim-
Scope of Work
i . Roof bmm TePWvCWMA Al wood uusass a8 two lacatians is tbt buiidicg imhx zg window,
fla hmp mad Acishes m"irs.
2- Accessibility upVvda to the 3av and buiMbq per the mcommuododkms of the Acce:+Nfity Study
pscperod by Olxm Anslnisects dated August 3.2005_
Scope of Sc"$vm (Design. Coamu Lion Doctwwft, Hid Support Wd Coasrs>:ctim PMmo Sor.ias}
1. TmsOlcarn Repair. Provide srchiteceiaal and abwctsaal eagkWaing Cervices for the remir
inctudiag mW Wiatdovrn, !taro p and finishes,
2- Acawsu�btl' ity Upgrncles: Provide asz3titoc tmd, 0-chu*W MAC and pltu®bing) *ad electrical
ep gi neesiag fos the rocumendatims Ls predated is dw Study.
tCozBpeeae►tMa
[. We pmpomc to pmvide the above sovkts on a OW mad mWitlfa basis fox the tolloariag
eatinm" oats-
IL Desip and DocumSeoodon PRasc: $8,700.00
b. Constrs>ctiou Docusmenls Phase: $41.300.00
c- Bid Support: $1400.00
d Coosmwdm Pbm- 512,900.00
2. Tine above compmsa on eanwates at bawd upon a boeae svbedttie With s VA& dcsiP WW08-
if the Climt mquires addidmW design sohniom or makes s docisiop that zoom mdditlo»ml walk
on the part of tbo WvbitoCt and tegintcre, additional compaam due vAmM be rogabW.
3 The above ro.Vuatiofl esxhnmtes do ittclode Seimbttlt+aMe ems. Reiaebur t*b)c epaa9ea
wit) be billed at 1 -) tmmes cos#.
4. The above s r of services aW cwevQet>sation does not boelude coat vault& -g sotvioea. if m cost
et=srojot is mpmmard it cm be provide at 40 additrvn d exPer»t.
5. -rbc above scope of 'meta and compwasa&M dDeg tall iwhrde s Wpogspbic survey of the site
whkb wol be novdod to deskp the tsewiams to Qle ex trim ednCTSte •+sllcw*ys, ctarb "n W5 at the
sidmvmIks omd bandicap pskiu6 stalls for wxtsaibiluy -amphoD"• A lopogia bk Sarvey aha d
be *mvm i front a licensed M"OYor by"City - a sepamk Coaffwt
b, Tim *Dove svoye of snvkm does not include clot design or V'Oc of the Sign and
idcWficiaion portion of &c study. l mcomtmmid the Ci ly bile t twMPMy saeb as MoC'TwVorr &
McCracken (707,521.9691) to assign, btbricOlt *od install a "tan Proles fbr tha bu))ding.
7 The b .. cvwpm t smuts that a bockgoWA of the $tor piss floes the Atxeassbility Study
is available iu AuT'OCAD format. Wa bavtn)so *aua"dw a complete set of *shunt drawings
we �svatAble Sachs chest 00-sift field vmtiftcstion of etiW" cooftew c m me minimised_
g. We bane as+omcd that AU smnodeling MTbXd Will be "UnM w the buim8w tbmt ao txW
eddi imw squash Motw will be added tv on tr Mirg in order so comply with the btandicap
aroeaatWity emd phrmbivg Axuna codes.
9. We is ave am a cd Omd the exi%*g cabinetry will mmaln gad be modlW to ittoct w eessibility
codes. Our
couVematkm estimate does trot inchtdc the &sigr of aompiete near tabivcuy to
replace the ettisfiag cwbbwu.
10. The hotaly tale wbvdulo for the mcbitect is attecbcd. The tsntrt md. m9du dad mad elestrieal
enginering rnmultarna will be billed at 1.15 times the coat to the stchitvct
Todd, 0100, aVIM for this opporhmrty to Wwk witl+ YOU and for the City of ROh[rert park on this project.
please caH me if you bevy —Y qucdioaa or poaeatetats mP"Ii,tg this pfOlosal-
With Regotdra,
col"'�'"
Ken Coker, Archivact
COKER
A 0 C H I T E C , S
3397
y5401 1213
l cf 707 427 11880
t n 707 546 8341
HOURLY RATE SCHYDULE
EMetive January 2005
Principal
Project Architect t Design,"
ihsitlrcrson
clerical
Reimbursable Expmcs:
Pr6duction Exp —scs
T, leage (per egrcetnent)
Consultant!
S 125.40 1 hour
395.00 /hour
$70.00 / hour
535.001 hour
110% of coat
5035 per tnl.le
115% of cost
EXHIBIT B