HomeMy WebLinkAboutCC Resolution 12553 (Parking Structures Repair 2008 Project)RESOLUTION NO. 12553
RESOLUTION ACCEPTING A PROPOSAL FROM LIM AND NASCIMENTO
ENGINEERING CORPORATION FOR PROFESSIONAL ENGINEERING
SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION
SERVICES FOR THE PARKING STRUCTURES 2008 REPAIRS PROJECT,
PROJECT NO. 11120 AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $75,364.44.
WHEREAS, the City requires professional engineering and inspection
services for the Parking Structures 2008 Repairs (Project # 11120) construction
project; and
WHEREAS, the City undertook a search process to identify the best
qualified consultant for the inspection of the project; and
WHEREAS, the Construction Management firm of Lim and Nascimento
Engineering Corporation was selected as the best qualified for inspection services;
and
WHEREAS, Lim and Nascimento Engineering Corporation has submitted a
Proposal to provide such services in the amount of $68,513.13; and
WHEREAS, staff has reviewed the proposal from Lim and Nascimento
Engineering Corporation 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 Lim and Nascimento Engineering Corporation proposal is
accepted in an amount not to exceed $75,364.44 ($68,513.13 plus 10%
contingency); and
BE IT FURTHER RESOLVED, that the Council does hereby authorize the
City Manager to execute the Agreement for Professional Services in a form
approved by the City Attorney's office.
RESOLVED FURTHER that the Director of Public Works 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 18`h day of August, 2008, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
File No. 06.01.194
Brockbank, Connolly, Heller, Miller & Mayor Boro
None
None
ESTHER C. BEIRNE, City Clerk
I
51
AGREEMENT
FOR PROFESSIONAL SERVICES WITH LIM AND NASCIMENTO CORPORATION
FOR PARKING STRUCTURES 2008 REPAIRS
This Agreement is made and entered into this 18`h day of August, 2008 by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and LIM AND NASCIMENTO CORPORATION
(hereinafter "CONTRACTOR).
W"FAIRI
WHEREAS, the CITY has determined that Construction Management and Inspection
services are required to effectively manage and inspect the construction of the Parking Structures 2008
Repairs (hereinafter "PROJECT"); and
WHEREAS, the CONTRACTOR has offered to render certain specialized professional
services in connection with this Project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. DEFINITIONS.
2. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The 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 the
CONTRACTOR. Chuck Tran is hereby designated as the PROJECT DIRECTOR for the
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 shall perform the duties and/or provide services as follows; the
CONTRACTOR agrees to provide professional services as a Consultant to prepare documents as outlined
in the Proposal from CONTRACTOR, marked Exhibit "A", attached hereto, and incorporated herein by
9
172
this reference. The 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 "A" attached hereto and
incorporated herein.
5. 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 "B" 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 "B".
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.
Agreement • 2
I.
8. OWNERSHIP OF DOCUMENTS
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 performance 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 contractural liability and personal injury;
Agreement • 3
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al
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 insurance shall be approved as to form and sufficiency by
PROJECT MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's
compensation ;i iiid 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
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 way, in whole or in part, from any acts or
omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and
employees in the performance of their duties and obligations under this Agreement.
Agreement • 4
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: Mr. Andrew J. Preston, (Project Manager)
City of San Rafael
111 Morphew Street
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Mr. Peter Lim (President)
Lim and Nascimento Corporation
20 Empire Drive
Lake Forest, CA 92630
Agreement • 5
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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
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
Agreement • 6
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. CONTRACTOR's taxpayer
identification number is 33-0645290, and CONTRACTOR certifies under penalty of perjury that said
taxpayer identification number is correct.
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 CONTRACTOR
City onager
Director of Public W
ATTEST:
City
City Clerk
File No.: 06.01.194
C --
Lin: and Nascinnento Corporation
By: (/ZA6
Title: rKtai cov, CB'ZO-2606
APPROV t
City Atte/Mw
Agreement • 7
I
Lim And Nascimento Engineering Corporation
Au ust 13, 2008
8
EXHIBIT "A"
Scope of Services
Construction Engineering and Inspection Services
The scope of work for Qualitv 4ssurance Construction Engineering and Inspection Services is in compliance to
contract documents and will include the following:
Progress Management: Lim & Nascimento (LAN) will serve as the Resident Engineer and will be responsible for
ensuring the Construction Contractor(s) follow their respective schedules and accomplish their work on time. The
management of the contractor construction schedule is part of the scope of services
Changes / Claims: Consultant Construction Manager / Inspector (LAN) shall assist the City and recommend and
implement change order avoidance practices. LAN shall assist the City in analyzing, negotiating, and process
changes and claims in accordance with procedures provided by the City. The Resident Engineer provided by the City
has the ultimately authority in any change orders and/or claims made by the construction contractor(s)
Construction Safety: In no event shall the Consultant (LAN) be responsible for job site safety issues and/or the
employees of the construction contractors. Any such safety issues shall be the responsibility of the construction
contractors retained by the City, who (construction contractors) are required by the City to defend, indemnify and
hold harmless the Consultant (LAN)
Utility Coordination: LAN shall assist the Construction Contractor(s) with coordination and resolution of technical
issues regarding utilities.
Quality Assurance: LAN shall provide quality assurance inspection services to ensure that the work is performed,
constructed, and coordinated in accordance with the contract documents and applicable permits. The Consultant
(LAN) shall verify that materials incorporated into the work comply with specifications.
Materials Testing and Support Services: The City or through another Yd party contract shall provide Materials
Testing services for quality control of the work. LAN shall ensure that the Construction Contractor complies with
the materials testing requirements and reviews the results to confirm acceptability.
Environmental Services: LAN shall ensure Contractor compliance with environmental permits, regulatory
requirements, construction environmental controls, and mitigation measures. LAN shall enforce sound environmental
management practices (including, but not limited to, dust, noise, vibration, and erosion control) in accordance to the
contract documents.
Progress Payments: LAN shall review and make recommendations to the City either to approve / reject the
Construction Contractor's monthly progress payment requests in accordance with the General Conditions of the
contract documents. It shall also recommend withholdings or back -charges.
Submittals and RFIs (Requests for Information): LAN shall review all submittals and RFIs for quality and
completeness. The LAN shall process and track all contractor submittals and RFIs using computer programs suitable
for this purpose.
Reports and Records: LAN shall organize and track project information as required.
gn r—;— n i�,= aAA1 790-AAAR
I
Lim And Hascimento Engineering Corporation
Review of Traffic Plans (Detours and Lane Closures): The Consultant (LAN) sha I I review traffic -circulation,
detour and lane -closure plans prepared by the Construction Contractor and forward to the City of approval.
Document Control: LAN shall adhere to the Document Control Procedures and processes established by the City.
LAN shall maintain hard -copy files and a computer-based correspondence control register for any documents
including correspondence, contract drawings, RFI's, submittals, standard forms and reports.
Contractor Insurance: The City will receive and evaluate the Contractor's initial certificates of insurance
Labor Compliance: LAN will ensure that the construction contractor(s) are in compliance with the latest State
Department of Industrial Relations rules and regulations.
'M Gmnira F),;". OAGI 790-PRAR
This certificate is executed by Liberty Mutual Insurance Group as respects such insurance as is afforded by those comomies. BM0068
Certificate of Insurance
This certificate is issued as a matter of information only and confers no rights upon the certificate holder This certificate is not an insurance policy and does not affirmatively or negatively amend extend or
alter the coverage afforded by the policies listed below. Policy limits are no less than those listed, although policies may include additional sublimits not listed below Policy limits may be reduced by claims
or other payments.
This is to certify that (Name and address of Insured)
LIM & NASCIMENTO ENGINEERING
20 EMPIRE DRIVE
LAKE FOREST, CA 92630
is, at the issue date of this certificate, insured by the Company under the policy(les) listed below The insurance afforded by the listed policy(ies) is subjec to all their terrors, exclusions and conditions and
is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued.
Expiration Type Eff./Exp. Date(s) Policy Number(s) Limits of Liability
Continuous* 09+'01%2008 09'01:2009 WC2-161-065359-038 Coverage afforded under WC law of I Employers Liability
_ Extended
X Policy Term
Workers Compensation
1115 2007 12 15r 2008 TB2-161-065359-057
General Liability
Claims Made
X Occurrence
Retro Date
12115 2007 1115,2008 AS7-161-065359-047
Automobile Liability
X Owned
X Non -Owned
X Hired
the following states: Bodily Injury By Accident
CA , $1,000,000 Each Accident
Bodily Injury By Disease
$1,000,000 Policy Limit
Bodily Injury By Disease
$1,000,000 Each Person
General Aggregate -Other than Prod/Completed Operations
$4,000,000
Products/Completed Operations Aggregate
$4,000,000
Bodily Injury and Property Damage Liability Per
$2,000,000 Occurrence
Personal and Advertising Injury Per Person /
$1,000,000 Organization
Other Liability Other Liability
$500,000 FIRE DAMAGES 1$5,000 MEDICAL EXPENSES
Each Accident - Single Limit - B. I. and P. D. Combined
$1,000,000
Each Person
Each Accident or Occurrence
Each Accident or Occurrence
C Per form LG3180 City of San Rafael it's officers, agents and employees. Respects liability arising out of the land and/or property and or work described in the Public Works
O contracts for the project entitled, Parking Structures 2008 Repairs between the City of San Rafael and Lim and Nascimento Corporation are Additional Insured under the
M General Liability policy if required by written contract with the Named Insured but only for coverage's and limits provided by the policy and the additional insured
M endorsement
E
N
T
S
IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must be endorsed A statement on this certificate does not confer rights to the certificate holder to lieu or such endorsements) If
SUBROGATION IS WAIVED, subject to the forms and conditions or the policy. certain policies may require an endorsement A statement on this certificate does not confer nghts to the certificate holder in lieu of such endorsements
The following applies onls with respect to insurance for motor carriers registered in Florida As provided for in Fla Smt § 321) 02(5)(e). the listed insurance polite mos not be cancelled on less than 30 dans written notice by the insurer
to the Department of Hwy Safeco & Motor Vehicles, such 30 days notice to commence from date notice is receit ed by the Department
Notice of cancellation (not applicable unless a number of days is entered below) Before the stated e,,pira ton date the company will not cancel or reduce the insurance afforded under the noose policies until at least 30 days notice of
such cancellation has been mailed to Notice of Cancellation does not appls when pal icy ties) are canceled due to non-payment of premium
Office: ORANGE, CA Phone: 714-937-1400
Certificate Holder:
City of San Rafael
Department of Public Works
P.O. Box 151560
San Rafael, CA 94915
DANETTE MILLER
Authorized Representative
Date Issued: 08/26/2008 Prepared By: TM
.14
LG 3180 0305 Liberty Direct Solutions for Contractors
ITEM 3. ADDITIONAL INSURED -ONGOING OPERATIONS -AUTOMATIC
STATUS
CG 2033 07 04 Additional Insured — Owners, Lessees, or Contractors is added to your
policy.
A. Section II — Who Is An Insured is amended to include as an additional insured any
person or organization for whom you are performing operations when you and such person
or organization have agreed in writing in a contract or agreement that such person or
organization be added as an additional insured on your policy. Such person or organization is
an additional insured only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your
ongoing operations for the additional insured.
A persons or organizations status as an additional insured under this endorsement ends
when your operations for that additional insured are completed.
B. With respect to the insurance afforded to these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of
the rendering of, or the failure to render, any professional architectural, engineering or
surveying services, including
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or engineering activities.
2. "Bodily injury" or "property damage" occurring after:
a. All work, including materials, parts or equipment furnished in connection with
such work, on the project (other than service, maintenance or repairs) to be
performed by or on behalf of the additional insured(s) at the location of the
covered operations has been completed; or
b. That portion of "your work" out of which the injury or damage arises has been
put to its intended use by any person or organization other than another
contractor or subcontractor engaged in performing operations for a principal as a
part of the same project.
This endorsement is executed by the company below designated by an entry in the box opposite its name
[ ] LIBERTY MUTUAL INSURANCE COMPANY
Premium [ LIBERTY MUTUAL FIRE INSURANCE COMPANY
[X] LIBERTY INSURANCE CORPORATION
Effective Date- 12/15-2007 Expiration Date. 12!15`2008 [ ] LM INSURANCE CORPORATION
[ ]
For attachment to Policy No. YY2-16 i-065354-057 THE FIRST LIBERTY INSURANCE CORPORATION
Audit Basis
Issued to: LIM and NASC[MENTO ENGINEERING
1`LX* A'I Z4 -w 71w-
si�.LRt.rner 1 PRI `tllt•.N t
Countersigned by ..........................................
Authorized Representative
Excerpt from LG 3180 0305 — Liberty Direct Solution Endorsement Page 1 of 1
LG 3180 0305 Liberty Direct Solutions for Contractors
Issued 12' 152007 Sales Office and No Pleasanton, CA/0600
Excerpt from LG 3180 0305 — Liberty Direct Solution Endorsement Page 2 of 1