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HomeMy WebLinkAboutCC Resolution 13086 (Rossi Pump Station Design)RESOLUTION NO. 13086 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM CSW/ STUBER- STROEH ENGINEERING GROUP (CSW/ST2) FOR THE DESIGN OF ROSSI PUMP STATION RECONSTRUCTION AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT WITH CSW/ST2 FOR AN AMOUNT NOT TO EXCEED $119,963.00 FOR PREPARATION OF 100% PLANS, SPECIFICATIONS AND COST ESTIMATE PLUS AN ESTIMATED MAXIMUM AMOUNT OF $58,200.00 FOR CONSTRUCTION SUPPORT SERVICES AND PREPARATION OF ENVIRONMENTAL DOCUMENTS. WHEREAS, The Rossi Pump Station structure and the pumps have been deteriorated beyond repair and must be reconstructed; and WHEREAS, The 5 Year Capital Improvement Program adopted by the City Council includes design and reconstruction of the station; and WHEREAS, The design must be completed in 2010/2011 fiscal year and the construction in early 2011/2012 fiscal year, and WHEREAS, CSW/ Stuber-Stroeh Engineering Group has been selected for the design of this project; and WHEREAS, CSW/ Stuber-Stroeh Engineering Group has submitted a proposal to design and prepare 1000ro Plans, Specifications and Estimate for the project for a total not to exceed amount of $119,963.00 plus a maximum amount of $58,200.00 for construction support services and preparation of the Environmental documents; and WHEREAS, staff has reviewed the proposal from CSW/ Stuber-Stroeh Engineering Group 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 CSW/ Stuber- Stroeh Engineering Group proposal is accepted in an amount not to exceed $119,963.00 plus $58,200.00 for construction support services and preparation of the Environmental documents ; and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Public Works Director to execute a Professional Services Agreement 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 held on the 201h day of December, 2010, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 'Z57A.g- • &-e x -q -c . ESTHER C. BEIRNE, City Clerk File No.: 08.06.62 i AGREEMENT m V FOR PROFESSIONAL SERVICES WITH CSW/STUBER STROEH ENGINEERING GROUP, INC. FOR ROSSI STORAI WATER PUMP STATION REHABILITATION This Agreement is made and entered into this December 20, 2010 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and CSW/STUBER-STROEH ENGINEERING GROUP, INC. (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY has determined that certain specialized professional services are required for the Rossi Storm Water Pump Station Rehabilitation Project (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: I . DEFINITIONS. The CITY requests services from the CONTRACTOR to prepare construction contract documents and design support during construction for the Rossi Pump Station Reconstruction Project 2. PROJECT COORDINATION A. CITY. The Public Works Director shall be the representative of the CITY for all purposes under this Agreement. The City Engineer 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. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR, Al Cornwell is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 3. DUTIES OF CONTRACTOR CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated October 13, 2010 marked Exhibit "A" attached hereto, and incorporated herein by Revised 4/21/09 this reference. CONTRACTOR agrees to be available and perform the work specified in this Agreement in the time frame as specified and as shown in Exhibit "A". 4. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "B" attached hereto and incorporated herein. S. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit C attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "C". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. is complete. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project 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 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 CONTRACTOR and any and all of CONTRACTOR'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. 8. OWNERSHIP OF DOCUMENTS Agreement • 2 The written documents . and materials prepared by the CONTRACTOR 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, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its perforniance of its duties under this Agreement. CONTRACTOR 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, CONTRACTOR, 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 CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR 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; Agreement • 3 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; 4. CONTRACTOR 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 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 liability insurance provided to CITY by CONTRACTOR under this contract shall be primary and excess of any other insurance available to the CITY. 9. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the CITY's Attorney. C. If it employs any person, CONTRACTOR 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 CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR'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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION (a) Except as provided in Paragraph (b), CONTRACTOR 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 1-1 way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or Agreement • 4 CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. (b) Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, 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, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. 13. NONDISCRIMINATION CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR 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. 15. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR 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: Nader Mansourian, Public Works Director City of San Rafael Agreement • 5 N 11 I Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Alan Cornwell CSW/Stuber Stroeh Engineering Group, Inc. 45 Leveroni Court Novato, CA 94949 17. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR 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 Agreement • 6 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 CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Tax ID #680215172). 23. 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 CSW Stubq Str ngineering Group, Inc. NADER MANSOURIAN, Public Works Director TitleoIL ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney File No. 08.06.62 Agreement • 7 Rossi Pump Station Reconstruction Project Project No. 08.06.62 EXHIBIT A Consultant Responsibility The consultant(s) chosen for this project shall be responsible for the following five tasks: Task l: Project Management and Coordination 1. The consultant shall be responsible for providing all contract management and quality control services throughout the duration of the project. The consultant shall deliver a high quality product within budget and on schedule 2. The consultant shall assist the City in obtaining all necessary permits for the construction of this project Deliverables: ■ Project Schedule and updates ■ Meeting agendas and minutes for all design and coordination meetings ■ Permit applications for City submittal Task 2: Preliminary Design 1. The consultant shall conduct all field, topographic and control surveys, and complete all preliminary design calculations as necessary 2. The consultant shall calculate the 100 year storm runoff using IDF curves approved by the City. 3. The consultant shall produce 35%, 65% and 95% submittal packages for review 4. The consultant shall prepare final bid documents incorporating all comments from previous reviews. Final plans shall be printed on 24"06" paper and shall be complete with final signatures ready for reproduction 5. The plans shall be drawn using AutoCAD in a suitable version acceptable to the City. 6. Specifications shall be written in CSI format with the City's standard specifications 7. The schedule of items shall address all items of work as specifically as possible and shall indicate as precisely as possible the quantities. 8. The consultant shall provide a cost estimate in the format of the schedule of bid items Deliverables: ■ 35%, 65% and 95% PS&E submittals in both paper and electronic (AutoCAD, Word and Excel) format ■ A letter report summarizing review comments and the resolution of the review comments in a format acceptable to the City ' ■ Final bid documents in both paper and electronic format EXHIBIT A Task 3: Environmental Compliance and Permitting The consultant prepare, submit, and assist the City in obtaining all required permits and environmental review documentation needed for the project. It is anticipated that the project will qualify for a Categorical Exemption. To that end the consultant will prepare an anticipated site plan and narrative to submit to Community Development to determine if a Categorical Exemption is appropriate and acceptable. The environmental documents will be prepared in preliminary and final draft stages for City review and shall incorporate any comments made during the preliminary document review. 2. The consultant shall prepare a schedule of permits with the required timelines to obtain each permit prior to the start of construction. For the purposes of providing a scope of services and consultant fee for this task, the detailed scope of services is included in Exhibit C. Deliverables: ■ Preliminary and final permit applications for submittal by the City ■ Preliminary and final CEQA documentation for a Categorical Exemption to be processed by the City Task 4: Final Bid Phase and Bid Phase Support 1. The consultant shall attend the pre-bid meeting. 2. Respond to questions concerning the plans, specifications, and estimates prior to bid opening and prepare contract addenda, if required 3. Provide support and backup to the City throughout the bidding period. 4. The consultant shall review construction bids received and make a recommendation to the City for award of construction contract Deliverables: ■ Prepare contract addenda, if required, for distribution by the City ■ Prepare answers to bidder's questions for distribution by the City on a weekly basis during bid phase ■ Prepare recommendation to the City for the award of the construction contract Task 5: Design Support during Construction 1. The consultant shall attend the pre -construction conference to respond to questions concerning the plans, specifications and estimates 2. Review and comment on all submittals 3. The consultant shall be available to be called to the site in response to questions arising from the progress of the work 4. The consultant shall respond to Request for Information (RFIs) from the contractor when called for by the City and prepare modifications or revisions that are related to the project's original scope and character. The City shall not be billed for nor shall they pay for any revisions to the plans and specifications that are required due to errors or omissions in the original contract documents 5. The consultant shall assist the City in preparation of contract change orders, if necessary Page 2 of 3 EXHIBIT A 6. The consultant shall observe startup and testing 7. The consultant shall participate in the final walk though of the constructed project and assist in the preparation of "punch list" items in need of work 8. The consultant shall prepare record drawings following construction from mark ups by the contractor and the resident engineer. Submittal of record drawings shall be on 24"06" bond paper Deliverables: ■ Response to RFIs from the contractor ■ Modification or revisions that are related to the project original scope and character ■ Contract change orders if necessary Proiect Schedule PS&E Completed Council Approves PS&E package Bid Opening Council Approves Award Notice of Award Construction Completed March 21, 2011 March 28, 2011 April 14, 2011 April 25, 2011 April 27, 2011 October 31, 2011 Page 3 of 3 Rossi Pump Station Reconstruction Project EXHIBIT B City Responsibility The City shall provide the following: Project No. 08.06.62 1. All construction inspection work and contract administration. 2. Any utility underground maps and any existing information in the possession of the City necessary to complete the design. Rossi Pump Station Reconstruction Project Project No.08.06.62 EXHIBIT C Description Estimated Cost Task 1: Project Management and Coordination $ 9,891 Task 2: Preliminary Design / Final Design $ 110,072 Subtotal $119,963 Task 3 Environmental Compliance and Permitting $ 15,000 Task 4: Final Bid Phase and Bid Phase Support $ 2,000 Task 5: Design Support during Construction $ 41,200 Subtotal $ 58,200 Hourly Rate Summary CSW Stuber/Stroeh Position Hourly Rate President $ 210/Hr Senior Civil Designer $ 168/Hr Project Manager $ 168/Hr Structural Engineer $ 200/Hr Hydrologist $ 157/Hr Environmental Planner $ 150/Hr Survey Manager $ 157/Hr