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HomeMy WebLinkAboutCC Resolution 13371 (City Hall HVAC)RESOLUTION NO. 13371 RESOLUTION ACCEPTING A PROPOSAL FROM GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING UPGRADES PROJECT, PROJECT NO. 11154 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $60,000.00. WHEREAS, the City requires professional inspection for the City Hall Heating, Ventilation & Air Conditioning Upgrades Project; and WHEREAS, the Construction Management firm of Ghirardelli Associates, Inc. was selected as the best qualified for inspection services; and WHEREAS, Ghirardelli Associates, Inc. has submitted a Proposal to provide such services in the amount of $39,496.90; and WHEREAS, staff has reviewed the proposal from Ghirardelli Associates, Inc. and found it to be within industry standards and acceptable. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Ghirardelli Associates, Inc. proposal is accepted in an amount of $60,000 ($39,496.90 plus contingency); and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Public Works Director to execute the Agreement for Professional Services in a form approved by the City Attorney's office. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. 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 Council of said City on the 2°d day of July, 2012, by the following vote, to wit: AYES: COUNCIL MEMBERS: Connolly, Levine, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Heller ESTHER C. BEIRNE, City Clerk File No. 06.01.191 AGREEMENT FOR PROFESSIONAL SERVICES WITH GHIRARDELLI ASSOCIATES, INC. FOR CITY HALL HEATING, VENTILATION AND AIR CONDITIONING SYSTEM UPGRADES PROJECT NO. 11154 This Agreement is made and entered into this 2" `' day of July, 2012 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and GHIRARDELLI ASSOCIATES, INC. (hereinafter "CONSULTANT") RECITALS WHEREAS, the CITY has determined that project administration and inspection services are required for construction inspection services for the City Hall Heating, Ventilation and Air Conditioning System Upgrades Project, Project No. 11154 (hereinafter "PROJECT"); and WHEREAS, the CONSULTANT has offered to render certain specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The Public Works Director 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. Mr. Jaemin Park 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 ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT CONSULTANT shall perform the duties and/or provide services outlined in the proposal from CONSULTANT dated June 18. 2012, marked Exhibit "A," attached hereto, and incorporated herein by this reference. The CONSULTANT agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "B." cost estimate. 3. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "B" attached and incorporated herein in an amount not to exceed $60,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is complete. 6. 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 notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Tennination. 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. E. The CITY shall pay CONSULTANT the amount due for services rendered and expensed incurred through he date of termination. i. OWNERSHIP OF DOCUMENTS 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 Agreement • 2 said property for any purpose, including projects not contemplated by this Agreement. Any use of document by the City for projects outside the scope of this agreement shall be at the City's own risk. 8. 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. 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. 11�1I11M4144" 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 10.A., shall also meet the following requirements: 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, and employees as additionally named insureds under the policies: Agreement • 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 and employees, as additional 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 (except 10 days for non-payment of premium) 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 three 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. 11. INDEMNIFICATION CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, 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. 12. NONDISCRMIINATION 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. Agreement • 4 13. 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, ordinance, codes or regulations. 14. 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. 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: Nader Mansourian, Public Works Director City of San Rafael 1 1 I Morphew Street San Rafael, CA 94915-1560 TO CONSULTANT: Mr. Jaemin Park (Project Director) Ghirardelli Associates, Inc. 1970 Broadway, Suite 920 Oakland, CA 94612 16. INDEPENDENT CONSULTANT For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent CONSULTANT, 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 CONSULTANT and not that of an employee of CITY. Agreement • 5 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 CONSULTANT 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 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. 18. 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. 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. 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 LICENSEIOTHER 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 taxpaver identification number is Agreement • 6 94-3395064, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. 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. CITY OF SAN RAFAEL CONSULTANT Nader Mansourian Public Works Director GHIRARDELLI ASSOCIATES, INC. Title: Esther C. Beirne Robert F. Epstein City Clerk City Attorney File No.: 06.01.191 Agreement • 7 Ghirardelli A 3 5 Q C A T E 5 June 18, 2012 Leslie Blomquist, P.E. Associate Civil Engineer City of San Rafael Department of Public Works 111 Morphew Street PO Box 151560 San Rafael, CA 94915 Exhibit 'A' Ref Proposal for Construction Management/inspection Services for Median Landscape Improvements Project and Police Station HVAC Project Dear Leslie: Ghirardelli Associates, Inc. is pleased to submit our proposal to provide construction management/inspection services to the City of San Rafael for the Median Landscape Improvement Project and the Police Station HVAC Project. As requested at our meeting on June 12, 2012, attached is a resume and fee schedule for our proposed construction manager/inspector Justin Kable. I am also attaching resumes for backup construction manager/inspector for the project. Justin Kable is the Construction Manager/Construction Inspector who will provide the day- to-day construction inspection on this project. Justin will report to the City and provide the needed quality assurance of the contractor's activities. Justin will prepare daily diaries, assist with monthly pay estimates, assist with contract administration and office engineering, keep photo documentation, perform employee interviews, review certified payrolls and monitor labor compliance, and be the eyes and ears in the field for all construction activities. He will keep a close eye on public and worker safety, traffic control, and make sure that the work is completed in accordance with the approved plans and specifications. Justin will also provide all coordination with involved entities for the projects. He has excellent communication skills and knows that success on a construction project involves constant and effective communication, public relations and public information. Justin will make sure that the project is completed successfully. Aaron Pieczonka, will be a backup to Justin, in case there is a need. Aaron is a local San Rafael resident, with over 16 years of experience in construction management. His resume with detailed information on his experience is provided. Aaron's billing rate will be the same as Justin's. 1 will be the Project Manager who will provide oversight of technical and quality control issues on this project at no additional cost to the City. I have worked as the project manager on similar projects for many local agencies can bring the experience needed to support the City to complete this project successfully. I will provide any needed coordination and technical support to the City and will manage the consultant contract with the City. Ghh~ardelli A,""".~T,S Based on the information provided and our meeting on June 12, 2012, we are providing two separate cost proposals.The total cost inbased on4hours per day for 100 working days for the Median Landscape Improvements and 4hours per day for 80working days for the Police Station HVAC Improvements, working simultaneously. Ghirarde|i Associates, Inc. is a Caltrans and [JG3 certified small, woman -owned business enterprise. Ifyou have any questionsorwish nodiscuss anything contained here, please donot hesitate co contact meuc(5/04S|-4/80orcell phone (4|5)7|7-24 0. Sincerely, 151^_� aemnPark, PE Executive Vice President Attachments City ofSon Rafael June /8,20/2 Construction Inspection Service Median Landscape Improvements and Police Station HVAC Project Ghirardelli n 1 5 C C. I A 7 r S 1970 Broadway, Suite 920 Oakland, CA 94612 (510)451.4180 fax (510)451-4182 Cost Estimate Construction Management/inspection Services for Police Station HVAC Improvements Project City of San Rafael Name Position Hourly OT Rate DT Rate I Hours OT Hours Cost Rate Justin Kable, P.E. ( Construction $123.43 $185.14 $246.86 320 0 $39,496.90 1 Manager/Inspector Total $ 39,496.90 NOTES: 1. Hourly rates include vehicle and cell phone. 2. Construction Inspector is subject to prevailing wage requirements. 3. OT rate goes into effect after 8 hours in a 24hour period, up to 12 hours. 4. DT rate goes into effect after 12 hours in a 24hour period. 5. Any ours beyond 40hous in a week will be at OT rates for the first 8hours and then at DT rates for beyond in a 24hour period. 6. There are no extra premiums on weekend or evening rates. 7. Cost estimate includes all hours to support close-out of project. 8. Cost estimate based on 80 working days, 4 hours per day. 9. Cost estimate is a starting point and can be adjusted to meet the City's needs. RESOLUTION NO. 13372 RESOLUTION ACCEPTING A PROPOSAL FROM GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE POINT SAN PEDRO MEDIAN IMPROVEMENTS PROJECT, PROJECT NO. 11163 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $57,000.00. WHEREAS, the City requires professional inspection for the Point San Pedro Median Improvements Project; and WHEREAS, the Construction Management firm of Ghirardelli Associates, Inc. was selected as the best qualified for inspection services; and WHEREAS, Ghirardelli Associates, Inc. has submitted a Proposal to provide such services in the amount of $49,371.12; and WHEREAS, staff has reviewed the proposal from Ghirardelli Associates, Inc. and found it to be within industry standards and acceptable. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Ghirardelli Associates, Inc. proposal is accepted in an amount of $57,000 ($49,371.12 plus contingency); and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Public Works Director to execute the Agreement for Professional Services in a form approved by the City Attorney's office. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. 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 Council of said City on the 2" d day of July, 2012, by the following vote, to wit: AYES: COUNCIL MEMBERS: Connolly, Levine, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Heller ESTHER C. BEIRNE, City Clerk File No. 03.01.180 AGREEMENT FOR PROFESSIONAL SERVICES WITH GHIRARDELLI ASSOCIATES, INC. FOR PROJECT NO. 11163 This Agreement is made and entered into this 2" d day of July, 2012 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and GHIRARDELLI ASSOCIATES, INC. (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that project administration and inspection services are required for construction inspection services for the Point San Pedro Median Landscaping Improvements Project, Project No. H 163 (hereinafter "PROJECT"); and WHEREAS, the CONSULTANT has offered to render certain specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The Public Works Director 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. Mr. Jaemin Park 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 ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT CONSULTANT shall perform the duties and/or provide services outlined in the proposal from CONSULTANT dated June 18, 2012, marked Exhibit "A," attached hereto, and incorporated herein by this reference. The CONSULTANT agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "B," cost estimate. 3. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "B" attached and incorporated herein in an amount not to exceed $57,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is complete. 6. 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 notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. 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. E. The CITY shall pay CONSULTANT the amount due for services rendered and expensed incurred through he date of termination. Otii-vERSHIP OF DOCUMENTS The written documents and materials prepared by the CONSt1LTANT in connection with the performance of its duties under this Agreement. shall be the sole property of CITY. CfI1' may use Agreement • 2 said property for any purpose, including projects not contemplated by this Agreement. Any use of document by the City for projects outside the scope of this agreement shall be at the City's own risk. F.1 1M 3W:r4VI[03M.3►1PMAXli 11��1 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. 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. 10. 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 10. A., shall also meet the following requirements: 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, and employees as additionally named insureds under the policies; Agreement • 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 and employees, as additional 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 (except 10 days for non-payment of premium) 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 three 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. If�l► ��u1�i1���Tlli[�7►1 CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, 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. 12. 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. Agreement • 4 13. 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, ordinance, codes or regulations. 14. 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. 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: Nader Mansourian, Public Works Director City of San Rafael 111 Morphew Street San Rafael, CA 94915-1560 TO CONSULTANT: Mr. Jaemin Park (Project Director) Ghirardelli Associates, Inc. 1970 Broadway, Suite 920 Oakland, CA 94612 16. INDEPENDENT CONSULTANT For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers. agents and employees shall act in the capacity of an Independent CONSULTANT. 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 CONSULTANT and not that of an employee of CITY. Agreement • 5 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 CONSULTANT 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 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. 18. 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. 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 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. 24. 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 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 Agreement • 6 94-3395064, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. 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. CITY OF SAN RAFAEL CONSULTANT Nader Mansourian Public Works Director GHIRARDELLI ASSOCIATES, INC. Title: ATTEST: APPROVED AS TO FORM: Esther C. Beirne Robert F. Epstein City Clerk City Attorney File No.: 03.01.180 Agreement • 7 Ghirarde[ji F r y^+ = h? E S r M3Ma►zI Leslie Blomquist, P.E. Associate Civil Engineer City of San Rafael Department of Public Works 111 Morphew Street PO Box 151560 San Rafael, CA 94915 Exhibit 'R' Ref Proposal for Construction Managementlinspection Services for Median Landscape Improvements Project and Police Station HVAC Project Dear Leslie: Ghirardelli Associates, Inc. is pleased to submit our proposal to provide construction management/inspection services to the City of San Rafael for the Median Landscape Improvement Project and the Police Station HVAC Project. As requested at our meeting on June 12, 2012, attached is a resume and fee schedule for our proposed construction manager/inspector Justin Kable. I am also attaching resumes for backup construction manager/inspector for the project. Justin Kable is the Construction ManagerlConstruction Inspector who will provide the day- to-day construction inspection on this project. Justin will report to the City and provide the needed quality assurance of the contractor's activities. Justin will prepare daily diaries, assist with monthly pay estimates, assist with contract administration and office engineering, keep photo documentation, perform employee interviews, review certified payrolls and monitor labor compliance, and be the eyes and ears in the field for all construction activities. He will keep a close eye on public and worker safety, traffic control, and make sure that the work is completed in accordance with the approved plans and specifications. Justin will also provide all coordination with involved entities for the projects. He has excellent communication skills and knows that success on a construction project involves constant and effective communication, public relations and public information. Justin will make sure that the project is completed successfully. Aaron Pieczonka, will be a backup to Justin, in case there is a need. Aaron is a local San Rafael resident, with over 16 years of experience in construction management. His resume with detailed information on his experience is provided. Aaron's billing rate will be the same as Justin's. I will be the Project Manager who will provide oversight of technical and quality control issues on this project at no additional cost to the City. I have worked as the project manager on similar projects for many local agencies can bring the experience needed to support the City to complete this project successfully. I will provide any needed coordination and technical support to the City and will manage the consultant contract with the City. G�irarde|li ^."0 1.°`E^ Based onthe information providedand our meeting onJune |2,2O|2.vveare providing two separate cost proposals. The total cost iobased on4hours per day for |O0working days for the Median Landscape Improvements and 4 hours per day for 8Oworking days for the Police Station HV/\C |rnprovenoents, working simultaneously. GhirurdeUiAanocixtes. Inc. )ouCaltrans and DGS certified small, woman -owned business enterprise. If you have any questions or wish to discuss anything contained hera, please du not hesitate to contact me at (5 10) 451-4180 or cell phone (4 1 S) 717-2450. |aemin Park P.E. Executive Vice President Attachments City nfSari Rafael June /8,20/2 Construction Inspection Service Median Landscape Improvements and Police Station HVAC Project Ghirardelli ..a.,,.: RTES 1970 Broadway, Suite 920 Oakland, CA 94612 (510) 451.4180 fax (510) 451.4182 Name Justin Kable, P.E. Cost Estimate Construction Man agement/Inspection Services for Median Landscape Improvements Project City of San Rafael Position Construction Manager/Inspector HourlyI OT Rate Rate $123.43 ff $185.14 I NOTES: 1. Hourly rates include vehicle and cell phone. 2. Construction Inspector is subject to prevailing wage requirements. 3. OT rate goes into effect after 8 hours in a 24hour period, up to 12 hours. 4. DT rate goes into effect after 12 hours in a 24hour period. 5. Any ours beyond 40hous in a week will be at OT rates for the first 8hours and then at DT rates for beyond in a 24hour period. 6. There are no extra premiums on weekend or evening rates. T Cost estimate includes all hours to support close-out of project. 8. Cost estimate based on 100 working days, 4 hours per day. 9. Cost estimate is a starting point and can be adjusted to meet the City's needs. DT Rate Hours $246.86 400 Exhibit 'B' OT Hours Cost 0 $49,371.12 Total $ 49,371.12 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. 3i DATE OF MEETING: 7/2/12 FROM: Nader Mansourian DEPARTMENT: PUBLIC WORKS DATE: 6/21/2012 TITLE OF DOCUMENT: RESOLUTIONS ACCEPTING PROPOSALS FROM GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE CITY HALL HEATING, VENTILATION & AIR CONDITIONING UPGRADES PROJECT, PROJECT NO. 11154 AND THE POINT SAN PEDRO MEDIAN IMPROVEMENTS PROJECT, PROJECT NO. 11 163, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AGREEMENTS IN AMOUNTS OF $60,000 AND $57,000 RESPECTIVELY. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (signature) City Attorney (signature)