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HomeMy WebLinkAboutCC Resolution 10417 (Construction Management Services)RESOLUTION NO. 10417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO ENTER INTO AN AGREEMENT WITH HARRIS & ASSOCIATES FOR SECOND STREET WIDENING AND LINDARO RULE 20A UNDERGROUND UTILITY DISTRICT FOR CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $231,000. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on September 15, 1997, the City Council adopted Resolution No. 9920 respectively, establishing Lindaro Rule 20A Utility Underground District; and WHEREAS, this project is a joint endeavor involving the City, Redevelopment Agency, PG & E, Pacific Bell, and TCI Cable to convert overhead utility lines to underground; and WHEREAS, on December 7, 1998, the City Council adopted Resolution No. 10339 requiring the widening of Second Street to accommodate the Fair Isaac Development; and WHEREAS, the City will be the lead agency for the Lindaro Underground Utility District Project and therefore responsible for the project management of this project as well as the Second Street Widening Project; and WHEREAS, Staff have solicited Requests for Proposals for construction management services for this project; and WHEREAS, Staff have selected the team of Harris & Associates as the most qualified; and WHEREAS, Staff have worked closely with Harris & Associates to define the scope of services for this project; and standards. WHEREAS, Staff finds that the cost of the proposal is within industry NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael accepts the proposal from Harris & Associates for Second Street Widening and Lindaro Rule 20A Underground Utility District for Construction Management Services in an amount not to exceed $231,000 and authorizes the Mayor to execute the Agreement. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 7`h day of June, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA LEON NI,�Cilerk AGREEMENT WITH HARRIS & ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES FOR SECOND STREET WIDENING AND LINDARO RULE 20A UNDERGROUND UTILITY DISTRICT This Agreement is made and entered into this 7`h day of June, 1999, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Harris & Associates (hereinafter "CONSULTANT"). RECITALS WHEREAS, on September 15, 1997, the City Council adopted Resolution No. 9920 establishing Lindaro Rule 20A Utility Underground District; and WHEREAS, this project is a joint endeavor involving the City, Redevelopment Agency, PG&E, Pacific Bell, and Viacom Cable to convert overhead utility lines to underground; and WHEREAS, on December 7, 1998, the City Council adopted Resolution No. 10339 requiring the widening of Second Street to accommodate the Fair Isaac Development; and WHEREAS, Staff have solicited Requests for Proposals for construction management services for this project; and WHEREAS, Staff have selected the team of Harris & Associates as the most qualified; and WHEREAS, Staff have worked closely with Harris & Associates to define the scope of services for this project; and WHEREAS, Staff finds that the cost of the proposal is within industry standards. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. 2. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Mike Somers is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall notify the CITY within seven (7) business days of the substitution. 1 3. DUTIES OF CONTRACTOR. CONSULTANT shall perform the duties and/or provide services as follows: as described in Exhibit "A" attached and incorporated herein. Exhibit "A" is entitled "Second Street Widening and Lindaro Street Underground District—Harris & Associates—Scope of Services -May 10,1999.-' 4. DUTIES OF CITY. CITY shall perform the duties as follows as described in Exhibit "A" attached and incorporated herein. 5. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT as described in Exhibit "A" attached and incorporated herein. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 6. TERM OF AGREEMENT. The term of this Agreement shall be for the entire construction length of said project after a Notice to Proceed is issued. Upon mutual agreement of the parties, and subject to the approval of the Public Works Director, the term of this Agreement shall be extended for an additional period of time. 7. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) 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 thirty (30) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. OWNERSHIP OF DOCUMENTS. 2 The written documents and materials prepared by the CONSULTANT 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. 9. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 10. 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. 11. INSURANCE. A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence 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 ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. 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. 3 4. CONSULTANT shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. 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; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONSULTANT 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 CONSULTANT and CITY against all liability for injuries to CONSULTANT's officers and employees. D. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION. CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONSULTANT or CONSULTANT'S officers, agents and employees in the performance of their duties and obligations under this Agreement." 13. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 14. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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. 15. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT 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. 16. 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: David M. Bernardi (Project Manager) City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 TO CONSULTANT: Mike Somers (Project Director) Harris & Associates 220 Mason Circle Concord, CA 94520 17. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. 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 CONSULTANT and the CITY. 5 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 CONSULTANT 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. 19. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. 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. 22. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CONSULTANT's taxpayer identification number is 94-2385238, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. 23. APPLICABLE LAW. The laws of the State of California shall 6 govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONSULTANT HARRIS & ASSOCIATES By: sf Mf(yo A bert J oro Name:,-,� Title: ATTEST: Ci ler Jeanne Leoncini anti 7 Services/Professional Services Contract Form -1 (Revised 4/96) EXHIBIT A CITY OF SAN RAFAEL 2"d STREET WIDENING AND LINDARO STREET UNDERGROUND DISTRICT HARRIS & ASSOCIATES SCOPE OF SERVICES MAY 10, 1999 30 CONSTRUCTION MANAGEMENT 32 Pre -Construction Phase Services 001 Meetings - Organize, schedule, attend, and record pre -construction phase meetings. 002 Consultant Management - Assist in the scheduling and quality review of required consultants. 008 Partnering - Participate in the partnering process established for the project. 010 Reports - Provide required reports as directed by the Client. 021 Bidding Assistance - Assist in the development of bidder interest, advertisement and distribution of the construction documents. 022 Pre -Bid Conference - Organize, schedule, attend and record the pre- bid conference. 027 Pre -Construction Conference - Organize, schedule and attend and record the pre -construction conference prior to the start of any field activities. 33 Construction Phase Services 001 Meetings - Organize, attend and record construction phase meetings. Chair weekly progress meetings with the Contractor. 002 Consultant Management - Assist in the scheduling and quality review of required consultants 5/10/99 Page 1 of 5 008 Partnering - Participate in the partnering process established for the project. 010 Reports - Prepare reports that may be required during the construction phase. Prepare monthly reports to Client. 018 Public Awareness Information — Provide project information to the City of Rafael's Public Relations Program to notify and explain the project to local residents and businesses and others that may be affected. 028 Fund Administration - Assist the Client in preparing documentation required for reimbursement from PG&E Rule 20A (Form B) reimbursements. 030 Submittal Review - Review submittals for compliance with contract documents. 031 Submittal Processing - Establish, implement and coordinate system of submittal processing. 032 Clarification processing - Review and respond to contractor clarified requests. Track all requests with architect. 033 Change Order Preparation, Negotiation, and Processing - Establish, implement, and coordinate systems for processing contract change orders. Prepare independent statement of probable construction cost for contract change orders. Negotiate contract change orders with the Contractor. Prepare contract change order document for execution by Contractor and Client. 034 Schedule Review and Updating - Review Contractor's initial schedule submittal. Review schedule monthly and provide written comments to the Contractor. 035 Maintain "As -Built" Schedule - Maintain a daily track of Contractor's efforts during construction corresponding to the activities in the agreed upon schedule. 36 Progress Payment Preparation and Processing - Prepare monthly progress payment reports for submission to Client based on Contractor's construction progress. 037 Cash Flow Projections - Prepare monthly cash flow projections from information derived from monthly schedule update reports. 5/10/99 Page 2 of 5 039 Construction Administration Services - Provide administrative and management services during construction phase. Implement and monitor management procedures. Manage project documentation, personnel, equipment, and facilities. Document issues related to potential claims. Advise Client on claims resolutions. 041 Photographs and videos - Provide videotape and photographic documentation of project site prior to and during construction. 042 Maintain "Record" Drawings - Maintain one set of contract documents with up-to-date information regarding all addendum, substitutions, and clarifications and change orders. 134 Field Observation Services — Provide, schedule and coordinate field observation services. 135 Off-site Observation Services - Schedule and coordinate off-site observation services. 136 Field Testing Services - Schedule and coordinate field testing services provided by others under separate agreement with the City of San Rafael. 137 Laboratory Testing Services - Schedule and coordinate laboratory testing services provided by others under separate agreement with the City of San Rafael. 138 Surveying Services - Schedule and coordinate surveying services to be provided by others under separate agreement with the City of San Rafael. 139 Computer Support - Provide all required computer support including hardware and software development and maintenance. 140 Utility and Permit Coordination - Review, coordinate and implement permit conditions and requirements. 141 Standards and Training - Provide required training and quality review of field personnel. 142 Plan and Specification Review - Review all plans and specifications prior to the start of construction. 5/10/99 Page 3 of 5 143 Labor Compliance, Equal Opportunity, and Disadvantaged Business Requirements - Monitor contractor's efforts in relation to Equal Employment Opportunity and labor compliance requirements. Discuss requirements with contractor at pre -construction conference. 144 Site Safety — Abide by Contractor's site safety plans. Advise Client on Contractor's compliance with Health and Safety Plan. 34 Final Acceptance/Closeout Services 001 Meetings - Organize, schedule, attend, and record final acceptance/close-out phase meetings. 002 Consultant Management - Assist in the scheduling and quality review of required consultants. 010 Reports - Prepare reports that may be required during the final acceptance and project closeout. 043 Final Inspection and Punchlist - Provide final inspection and prepare list of project construction deficiencies for resolution by Contractor. 044 Construction Approval/Acceptance - Make recommendations to owner regarding final project approval and acceptance. 045 Final Payment - Make recommendations to Client regarding Contractor's final progress payment request. Prepare final progress payment report for submission to Client. 047 Start-up Coordination - Assist Client during start-up and debugging of project. 049 Project Closeout - Prepare all documentation needed for project closeout. Deliver all project documentation to Client. 050 Final Report - Provide Client with a project final report that includes the following: ❑ A financial summary of the construction contracts, change orders, consultant services, project management services and direct purchase items. ❑ A summary of project change orders. 5/10/99 Page 4 of 5 ❑ A construction summary and schedule review. ❑ A summary of final acceptance. ❑ A review and report on the general contractor, subcontractors and major equipment suppliers. 5/10/99 Page 5 of 5 -c- la) N CD tb N O cn