HomeMy WebLinkAboutCC Resolution 12337 (A Street Parking Garage Assessment)RESOLUTION NO. 12337 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR A STRUCTURAL ASSESSMENT STUDY OF THE A STREET PARKING GARAGE AND PARKING FACILITIES AT 924 THIRD STREET AND 1299 FIFTH AVENUE TO WALKER RESTORATION CONSULTANTS IN AN AMOUNT OF $41,000.00. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: WHEREAS, the City is committed to the safety of its citizens; and WHEREAS, The City desires to maintain parking facilities to obtain the longest possible useful life; and WHEREAS, Some parking facilities operated by the City have had water leakage or show visible signs of damage that can only be properly assessed through structural assessment by a qualified engineering firm; and WHEREAS, Walker Restoration Consultants have the expertise and experience to assess the condition of City parking facilities and make recommendations for any needed corrections; and WHEREAS, The City has conducted a selection process and determined that Walker Restoration Consultants proposal was the most responsive and complete; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the proposal of $41,000.00 is hereby accepted and that the contract for said work is hereby awarded to WALKER RESTORATION CONSULTANTS at the unit prices mentioned in said proposal. BE IT FURTHER RESOLVED, that the City Manager be authorized and directed to execute a contract with WALKER RESTORATION CONSULTANTS for said work. BE IT FURTHER RESOLVED, that the Parking Services Manager 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, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on 20th day of August, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEONCINI, City Clerk AGREEMENT FOR STRUCTURAL ASSESSMENT STUDY OF "A" STREET PAREING FACILITY AND PARKING FACILITIES AT 924 3' STREET AND 1299 5`h AVENUE, SAN RAFAEL This Agreement is made and entered into this 20th day of AUGUST , 200Z, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and WALKER RESTORATION CONSULTANTS a division of WALKER PARKING CONSULTANTS (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the City is committed to the safety of its citizens & desires to maintain parking facilities to obtain the longest possible life; WHEREAS, certain City parking facilities have had water leakage or show visible signs of damage that can only be properly assessed through structural assessment by a qualified engineering firm, WHEREAS, Contractor has the expertise and experience to assess the condition of the parking facilities and make recommendations for any needed corrections; and WHEREAS, the City has conducted a selection process and determined that Contractor's proposal was the most responsive & complete; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Parking Services Manager 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 Sanjay Pandya, PE 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. 2. DUTIES OF CONTRACTOR CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "A" attached and incorporated herein." 3. DUTIES OF CITY. CTTY shall pay the compensation as provided in Paragraph 4, and perform the duties as described in Exhibit "A' attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "A" attached and incorporated herein. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR 5. TERM OF AGREEMENT. The term of this Agreement shall be for 6 (six) months commencing on date agreement is signed. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (3 0) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOWs 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. 7. 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, however, use of documents or materials prepared by the CONTRACTOR for purposes other than the further assessment, use, maintenance, and/or structural remediation of facilities included in and inspected under this agreement shall be at the City's sole risk. ". 2 8. 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. 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, 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; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming 3 CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk 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 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 CONTRACTOWs officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOWs insurance policies must be declared to and approved by the City's Risk 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 CTTY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement." 12. NONDISCRUVIINATION. 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. 13. 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 4 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, ordinances, codes or regulations. 14. NO TH ERD 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 parry, 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: Mark S. Miller Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 15 1560) San Rafael, CA 944915-1560 TO CONTRACTOR: Sanjay Pandya, PE. Project Manager Walker Restoration Consultants 135 Main Street, Suite 1030 San Francisco, CA 94105-1818 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, 5 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 terns 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 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 hereby notices CI'T'Y that CONTRACTOR'S Internal Revenue Service Tax ID No. is 38-1782774. 23. APPLICABLE LAW. 6 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 ATTEST: ItoMAANNE M. LEO INI, City Clerk CONTRACTOR �n.t �, � k �, f `i c�r�. � n� �,� r,s v ►-1� r ,( Name 504NIIf7, 1 rdl r� , P Title: In, ✓i �r� � rc P�+ 4 08/13/07 15:25 FAX 415 330 1898 WALKER PARKING SF Q002 WPJ.KER eFsfoRrnOtJ cnnisurpntr2 August 13, 2007 Mr. Mark Miller City of San Rafael Parking Facilities Division 1400 Fifth Avenue San Rafael, CA 94901-1943 Re: Proposal for Professional Engineering Services Multi -Garage Condition Appraisal 56 Avenue & C Street Garage 31d Street & Lootens Garage 3rd Street & A Street Garage San Rafael, California Dear Mark: EXHIBIT "A" WALKER RESTORATION CONSULTANTS 135 Main Street, Suite 1030 San Francisco, CA Voice: 415.644.0630 Fax: 415.672.2199 www.walkerresioralion.com As requested, Walker Restoration Consultants (Walker) is pleased to submit this revised proposal for condition appraisal of the above referenced City of San Rafael parking garages. The City of San Rafael is interested in identifying structural issues along with issues that affect the long term durability and service life of each of the subject parking garages. With this information, the City would like a comprehensive report that will provide recommendations for actions and budgetary estimates that will be a planning tool for future restoration projects. The objective of our services will be to assess the current condition of the parking garages through visual observations, material sampling, materials testing and non-destructive testing. This will allow Walker to provide recommendations for repair of noted deterioration, recommendations for structure protective system improvements of items requiring remedial actions, and an opinion of probable costs that will extend the useful service life of these parking structures and enhance user comfort and safety. By completing the condition appraisal of the parking structures simultaneously, the City of San Rafael will benefit from an economy of scale in regards to a condition assessment costs and will acquire a comprehensive tool for parking garage asset management. PROJECT UNDERSTANDING The four City of San Rafael parking garages to be appraised were built over a period of 30 years. The structures for the most part, appear to be functional but exhibit a variety of distressed conditions. The 5" Avenue & C Street parking garage is a one supported level precast concrete structure providing parking for approximately 100 cars. The structure is over 30 years old and has received a seismic retrofit in 1990 consisting of shear collars on the columns and concrete infill between the double tee members at the inverted support beams. Some of the conditions observed, were 08/13/07 15:25 FAX 415 330 1898 _ _ _ WALKER PARKING SF C{IJ003 _ Mr. Mark Miller WALKER August 13, 2007 RFSTORhTK1IJ CONSULTANTS Page 2 of 8 deteriorating sealant in supported level joints with leaking conditions. One column/beam element appeared to be settling. Cracks were present in several beam and slab locations. The 3`d Street & Lootens Street parking garage is a one supported level precast concrete structure providing parking for approximately 190 cars. The structure is over 30 years old and has received a seismic retrofit in 1990 consisting of shear collars on the columns and concrete infill between the double tee members at the inverted support beams. Structural steel lateral bracing and concrete infill elements have been installed along two upper level access ramp columns. Some of the conditions observed, were deteriorating sealant in supported level joints with leaking conditions, non-uniform topping slab elevations along the pour strip of the upper level, spalling concrete at distressed beam seat locations, and cracking of infill and precast stems. The 3`d Street & A Street parking garage has multiple supported levels and provides parking for approximately 400 cars. The structural design for the floor system includes one way post tensioned cast in place concrete slab construction. Previous maintenance discussed included repairs of cracks with epoxy and repairs of expansion joints that continually leak and are a trip hazard. Sealants were installed in slab cracks but these were deteriorated also. Vehicular barrier strands, located along the perimeter of the slabs at each level, appear to be sagging and may not be adequately tensioned. We propose to appraise the current condition of these parking structures through visual observations, onsite exploratory openings, extraction of concrete samples, and a specific material testing program. We will coordinate a qualified restoration contractor to provide lift equipment, sampling equipment and repair materials to remove and patch locations identified for testing. We will evaluate the location and extent of deterioration in the parking structures and evaluate the impact of noted deterioration on the structural integrity, long-term durability and service life of each parking facility. We will use selected non-destructive testing jNDT) where we can to collect information. SCOPE OF SERVICES Proposed scope for work for condition assessment of the three City of San Rafael parking garages is as follows: Meet with representatives of City of San Rafael to review project objectives and to gain an understanding of the history of construction of the project, including any previous maintenance, repairs, or evaluations. 2. Review design drawings, shop drawings, specifications, etc., if made available, to familiarize ourselves with the type of construction initially specified. 3. Perform a visual examination of the structural systems as related to the precast and post -tensioned concrete construction observing type, locations and approximate magnitude of deterioration observed. A manlift will be required to gain access to typical distressed locations in the 3rd Street and Lootens Street garage. Items that will be noted are as follows: a. Floor slab surface condition and Finish variations. 08/13/07 15:25 FAX 415 330 1898 WALKER PARKING SF R 004 46- WALKER RESTORATION CUNSUITAMS b. Cracking of slabs. c. Condition of construction joints, expansion joints, and sealant system. d. Condition of structural members such as columns, beams, and walls. e. Condition of ceilings including cracks and spalls. Mr. Mark Miller August 13, 2007 Page 3 of 8 4. Using an electronic cover -meter, survey selected areas of the supported levels to evaluate depth of concrete cover, location of tendons if applicable, and mild steel reinforcement in relation to cracks. 5. Perform a visual examination from ground level of exposed building components of the fagade. 6. Recommend immediate repairs to mitigate safety related issues, if any are observed, for the users of the parking structure. 7. Coordinate testing to confirm the potential deterioration or damage to structural elements. Descriptions of anticipated tests are as follows: a. Petrographic (microscopic) examination of core samples to evaluate general concrete quality, including entrained air parameters. This information is used to gauge the relative durability of the in-place concrete and provide necessary properties for more accurate analysis of slab concrete. b. Compressive strength testing will be completed to verify current strength of slab concrete c. Exploratory test -wells in the floor slabs will be made to observe hidden conditions or to fully explore defects detected in the visual survey. These small explorations will be required to document the condition of either post -tensioned tendons, field topping concrete, and mild steel reinforcement condition. Walker will provide the administration and coordination for the locations for the excavation of these test -wells. We will engage a restoration contractor to saw -cut or core drill and remove a small section of concrete and patch the area after completion of our review. PARKING STRUCTURE 5'h Avenue & C Street 3`d Street & Lootens 3' Street & A Street PETROGRAPHIC ANALYSIS (A) COMPRESSIVE STRENGTH (B) 2 2 2 EXPLORATORY TEST WELLS (C) Ell 2 2 8. Compile and review all field and materials test data to assess the probable causes and effects of the documented deterioration or damage on the structure. 08/13/07 15:25 FAX 415 330 1898 WALKER PARKING SF 9 005 WALKER ¢FSTORAN N CONSIRTAWTS Mr. Mark Miller August 13, 2007 Page 4 of 8 9. Make recommendations for any additional investigations, if necessary. 10. Evaluate and present general restoration/replacement alternatives and priorities, repair programming, and furnish an opinion of probable costs for recommended repairs/maintenance. 1 1. Prepare a draft written report indicating Findings, recommendations, alternatives, and priorities of improvements/maintenance and associated opinion of recommended costs. We will review this draft report with the City of San Rafael representatives for input on budgeting and a prioritization of recommendations. 12. Provide five (5) copies of the final report. After the condition appraisal report is completed and if you desire, we would be happy to provide Plans, details, and written technical specifications needed to implement any recommended repairs. Walker's typical scope of work for preparation of restoration repair documents and for providing contract administration services is as follows: CONSTRUCTION DOCUMENT PREPARATION AND BIDDING SERVICES 1. Confirm with City the restoration program that is to be implemented and confirm the program budget and schedule. 2. Develop a comprehensive list of repair program work items and confirm measurements of quantities to be included in the bid documents. 3. Identify any special details that will affect construction cost and proper installation of specified materials. 4. DeFine boundary conditions and need for any special details that may be required at termination of repairs. 5. Prepare plans and details for the repair program. Submit a progress set to Owner's representatives for review at 90% completion of the repair documents. 6. Prepare final documents and technical specifications and submit required number of hard copies and one (1) CD electronic copy to the Owner for reproduction purposes. 7. Prepare an updated estimate of the probable construction cost for the repairs. 8. Assist and be present at a pre-bid meeting to answer Contractor questions, and review the limitations and extent of work required by the repair documents. 9. Prepare addenda to the documents, if required. l O.Assist in the evaluation of bids and award of a contract to the successful bidder. CONTRACT ADMINISTRATION SERVICES 1. Direct a pre -construction meeting with the Contractor at the jobsite to review each work item, construction quality control, and phasing of the repair work. 08/13/07 15:26 FAX 415 330 1898 WALKER PARKING SF 1&06 WALKER Mr. Mark Miller August 13, 2007 RFSTOA 47 t074 CUNSUITRNTS Page 5 of 8 2. Review shop drawings and material sample submittals for conformance with the intent of the design documents. 3. Make visits to the job -site at intervals appropriate to the various stages of construction to observe the progress and quality of the contractor's work. 4. Attend project progress meetings. These would be done in conjunction with scheduled observation trips discussed above. 5. Issue necessary interpretations and clarifications of the contract documents and assist in the resolution of problems or conflicts due to unforeseen latent conditions. 6. Review Contractor pay -requests and advise Owner accordingly. 7. Prepare a punchlist near project completion and conduct a final project review of punchlist items addressed by the Contractor. PROFESSIONAL FEES AND EXPENSES We propose to perform the condition assessment scope of work For a lump sum Fee $ 30,000 (Thirty Thousand Dollars) plus reimbursable expenses, in accordance with the attached General Conditions of Agreement for Restoration Services. Reimbursable expenses include 1.15 times the cost of travel and subsistence, toll telephone calls and fax transmissions, postage and overnight mail, reproductions, and similar project -related costs. Testing expenses will be passed through at actual cost. A summary of the estimated expenses, including testing, is shown below: Estimate of Expenses Miscellaneous Expenses* $ 4,000 Laboratory Testing** $ 3,500 Contractor Expenses*** $ 3,500 Total $11,000 * A total of five (5) color copies of reports are anticipated for deliverables. * * An independent laboratory will be used for materials testing purposes. ***A qualified local restoration contractor will be coordinated by Walker in obtaining samples and patching resultant openings. Please note that the scope of work identified above for preparation of restoration repair documents and for providing contract administration services is provided for information only and is currently not included as part of this proposal. After completion of the condition assessment work and depending upon the scope of the repairs required we can provide a proposal at that time for these services. However, the following range for our fees for providing these services is being provided to the City for budgetary purposes. 08/13/07 15:26 FAX 415 330 1898 _ WALKER PARKING SF Cj007 WALKER eesTouancuN coNsuirarrts Mr. Mark Miller August 13, 2007 Page 6 of 8 Construction Documents & Bidding Services ...................... $60,000 to $80,000 Contract Administration Services ....................$20,000 to $30,000 Please note that contract administration services are typically provided on an hourly fee plus reimbursable expenses basis, as the extent of our work may vary due to field conditions and the Restoration Contractor's level of performance. SCHEDULE After you have had the opportunity to review and approve the proposal, we can schedule field survey of the structure to begin within two (2) weeks of receiving written authorization to proceed, dependant on weather related conditions and contractor availability. Following the field survey, we will require seven (7) weeks to complete the proposed testing and the draft report. We will complete the project's final report within two (2) weeks of receiving a summary of the City of Rafael representative's comments. We would like to thank you for this opportunity to provide this proposal and look forward to working with the City of San Rafael on this project. If you have any questions, please contact me at (415) 644-0630. Sincerely, WALKER RESTORATION CONSULTANTS Dave Koski, P.E. Randal M. Beard, Principal Vice President Regional Restoration Engineer RMB/dic Enclosures — General Conditions of Agreement for Restoration Services 08/13/07 15_ _ 26WALKER PARKING SF FAX 415 330 1898 _ _ [a008 Mr. Mark Miller WALKER August 13, 2007 RESTNATIO14 CONSVITAMS Page 7 of 8 AUTHORIZATION Trusting that the foregoing meets with your approval, please sign and return one copy signifying your acceptance and authorizing us to proceed. CITY OF SANT RAFAEL Accepted by: Title: Date: M:\PROPOSAL\2007\GOVERNMENT\Ciy of San Rafael\Son Rafael CA Proposal Revised_041907.doc 08/13/07 15:26 FAX _415 330 1898 _ _ _ WALKER PARKING SF GENERAL CONDITIONS OF AGREEMENT CITY OF SAN RAFAEL PARKING STRUCTURES SERVICES 009 WALKER RESTORATION CONSULTANTS PAGE 8 OF 8 Walker Restoration Consultants, as a Division of Walker Parking Consultants/Engineers, Inc. (WALKER) will provide the CLIENT professional services that are limited to the work described in the attached letter. Any additional services requested will be provided at our standard hourly rates or for a mutually agreeable lump sum fee. Professional services are provided solely in accordance with written information and documents supplied by the CLIENT, and our services are limited to and furnished solely for the specific use disclosed to us in writing by the CLIENT. PAYMENT FOR SERVICES WALKER will submit monthly invoices based on work completed plus reimbursable expenses. Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver payment to WALKER within thirty 130) days of date of invoice, the CLIENT agrees to pay WALKER a monthly late charge of one and one half percent (I V2%) per month of any unpaid balance of the invoice. OWNERSHIP OF DOCUMENTS All documents prepared or provided by WALKER are and remain the property of WALKER as instruments of service. Any use for modifications or extensions of this work, for new projects, or for completion of this project by others without WALKER's specific written consent will be at CLIENT's sole risk. STANDARD OF CARE WALKER will perform the services called for in the attached letter and this agreement in accordance with generally accepted standards of the profession. No other warranty, express or implied, is made. WALKER's liability to CLIENT and all persons providing work or materials to this project as a result of acts, errors or omissions of WALKER shall be limited to $1,000,000. Any estimates or projections provided by WALKER will be premised in part upon assumptions provided by the CLIENT. WALKER will not independently investigate the accuracy of the assumptions. Because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, WALKER makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. PERIOD OF SERVICE Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty (30) days after final documents are delivered to the CLIENT. DATE ACORP, CERTIFICATE OF LIABILITY INSURANCE I 08/23/2007) PRODUCER (800)969-4041 FAX (800)969-4081 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Concepts Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1127 S. Old US Highway 23 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR g y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Brighton, MI 48114 INSURERS AFFORDING COVERAGE NAIC # INSURED Walker Parking Consultants Engineers, Inc. INSURERA: Travelers Indemnity Company of CT A+ 2121 Hudson Ave. IINSURERB: Travelers Indemnity Company A+ Kalamazoo, MI 49008 IINSURERC: Farmington Casualty Company A+ IINSURERD: XL Specialty Ins. Company A+ INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'LPOLICY EFFECTIVE LTR INSRt' TYPE OF INSURANCE POLICY NUMBER ppTE lMMIDD/YYI POLICY EXPIRATION DATE lMM Iwl LIMITS GENERAL LIABILITY 680-18471,188 05/23/2007 05/23/2008 EACH OCCURRENCE $ 1,060,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1,000,000 CLAIMS MADE rX OCCUR MED EXP (Any ane person) $ 10,000 A X X Contract. Liab . I PERSONAL & ADV INJURY $ 1,000,000 X X,C,U I GENERAL AGGREGATE $ 2,006,066 GEN'L AGGREGATE LIMIT APPLIES PER. I PRODUCTS - COMP/OP AGG $ 2,000,000 JECT n POLICY I I LOC AUTOMOBILE LIABILITY BA-193BL604 05/23/2007 05/23/2008 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ AUTOS (Per person) B _SCHEDULED HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Peraccident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTOOTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY CUP-6367YS72 05/23/2007 05/23/2008 EACH OCCURRENCE $ 5,000,000 OCCUR CLAIMS MADE I AGGREGATE $ 5,000,000 B I $ DEDUCTIBLE li $ RETENTION $ I $ WORKERS COMPENSATION AND UB-6108TS86 05/Z3/2007 05/23/2008 I X ITORYIIMITSI IDFR EMPLOYERS' LIABILITY WAIVER OF SUBROGATION I E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? APPLIES Ij E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHE�BPR9604394 05/Z3/2007 ProVessional Liability 05/Z3/2008 $1,000,000 _'er Claim D I $1,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project Name: City of San Rafael Multi Garage Condition Appraisal. Walker Project #: 33-1534.00. City of San Rafael, its officers, agents, employees and volunteers are named as Additional Insureds as respects to General and Auto Liability only and would apply to the above named project so long as required within a written contract. Coverage is Primary and Non -Contributory. CERTIFICATE HOLDER t:'CD-CITY C.Liti Cid�'' of San Rafael �7 i�IJ: C7 10Mafrk Miller, Parking Services Manager ACORD 25 (2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURETO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (Yvy Kim Fricke/KEL ©ACORD CORPORATION 1988 C9 co m 0 0 0 Y m N 0 0 Pulley Number: BKO1452529 - Walker Parking Consultants/Engineers, Inc. Broadened Liability Coverage Endorsement ARCHITECTS AND ENGINEERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. The following changes are made to the LIABILITY 2. Paragraph 1.b. of SECTION It. -WHO IS AN INSURED COVERAGE PART. is replaced by the following: 1. The following paragraph is added to SECTION I - A partnership or joint venture, you are an insured. Your COVERAGE: members, your partners and their spouses are also insureds, but only with respect to the conduct of your E. Additional Insured Exclusions business. You are an insured for your participation in 1. In addition to the other exclusions applicable any past or present 'unnamed joint venture' if there is :o COVERAGES A., B. and C., the insurance no other similar insurance available to that providod to an Additional Insured docs not organization. This piutection does nut apply if the 'unnamed joint venture' has direct empiDyeas,- or apply to: owns, rents, or leases any real or personal property. a. 'Property damage' to: Nor does it apply to any other member of the 'unnamed joint venture.' 1) Property owned, occupied or used by the Additional Insured: 3. The following is added to paragraph 2. of SECTION II. - WHO IS AN INSURED: 2) Property rented, leased or loaned to, in the care, custody or control of, of i. It you are required to add another person or over which physical control is being organization as an insured under this policy by a exercised for any purpose by the written work contract or agreement which is in Additional Insured or effect during the policy period and a certificate of insurance has been issued )isfing that persnn ni 3) 'Your work' performed for the organization as an Additional Insured, that person Additional Insured. or organization is an insured. Such person or organization is referred to in this Coverage Part as b. 'Bodily injury,' 'property dan>aye," an Additional Insured. 'personal injury.' or 'advertising injury' which is not caused in whole or in part 4. The final paragraph in SECTION II . WHO IS AN by the negligent acts or omissions of any INSURED is replaced by the following.- Named ollowing:Flamed Insured, or the negligent acts or No person or organization is an insured with respect to omissions of anyone directly or indirectly the conduct of any current or past partnership or employed by a Named Insured for limited liability company that is not shown as a Named whose acts a Named Insured may Ix liable. Insured in the Declarations. 5. Paragraph 2. Of SECTION III - LIMITS OF LIABILITY is replaced by the follvrving- Q/8F 21 810401 Page t of 2 The General Agareflate Limit is the most we will pay for each of 'your premises' listed in the Schedule of Premises and each of 'your work sites'. 5. With respect to 31 above the following additional provision applies: SECTION IV.5. Other Insurance is replaced by the following: 5. Other Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to the insured unless the other insurance is provided by a contractor. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the nthpr insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Thefollowingaroadded toSECTION V•DEFINITIONS "Unnamed joint venture' means any joint venture with other architects or engineers that is not named in the Liability Coverage Part Declaration. 'Your premises' means any premises, site, or location that you own or rent or lease from others. 'Your work sites' means any premises, site, or location at, on, or in which your work is not yet completed, other than your premises. All other terms of the policy remain the same. W-OF2., 8104 01 Page 2012