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)