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HomeMy WebLinkAboutPW Engineering Services; Park Engineering 2013iqgpii Department: Public Works Agenda Item No: 3. g Meet Meeting Date: December 2, 2013 Prepared by: City Manager Approval;" Director of Public Works [WrAlamm UIR11900111 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING,FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS PROJECTS IN AN AMOUNT NOT TO EXCEED $60,000.00 Staff recommends that the City Council adopt the resolution authorizing the Public Works Director to execute an agreement with Park Engineering Inc. for various projects in the amount of $60,000. The Public Works Department has been working diligently to design and construct the projects listed in the 2013/2014 Five -Year Capital Improvement Program (CIP). With the number of projects currently under way and the time sensitivities involved with grant funded projects, staff has concluded that additional consultant provided professional engineering services are again required to design and manage several of the approved CIP projects. The following is a sample list of the projects which require engineering services for design and project management; however the consultant may work on additional projects as needed by the City: 0 Fire Station Drill Tower Repair a Parking Structure Upgrade/Replacement Study N City Library Carpeting Replacement E Albert J. Boro Community Center Hallway Carpet E Fire Station I Driveway Apron n Terra Linda Recreation Center Pool House ANALYSIS: The addition of consultant provided professional engineering services is required to continue with the projects currently scheduled for construction during the 13/14 fiscal year. File No.: 1-4 Council Meeting: W 110RINk IL A SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 (16 The professional engineering services will be paid for on a ® and materials basis, out of th' various project budgets already approved in the Five -Year Capital Improvement Program. The Council may choose to reject the proposal from Park Engineering, Inc., and direct staff to select a different consultant. Selecting a different consultant may result in the postponement of current projects. Staff recommends that the City Council adopt the Resolution accepting the proposal from Park Engineering, and authorize the Public Works Director to execute an agreement with Park Engineering Inc. for various projects with the contract amount not to exceed $60,000. Enclosures 1. Resolution 2. Professional Services Agreement 3. Proposal X RESOLUTION X RAFAEL ACCEPTING • PROPOSAL AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO X PROFESSIONAL AGREEMENT PARK PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS PROJECTS IN AN AMOUNT NOT 1 $60,000.00 WHEREAS, on July 15, 2013, the City Council approved the 5 year Capital Improvement F� WHEREAS, the City requires professional engineering services for various projects on the list, WHEREAS, the firm of Parr. Engineering, Inc. was selected as the best qualified for said engineering services; and WHEREAS, Park Engineering Inc. hassubmitted . Proposal t• provide ` on . time WHEREAS, staff has reviewed the proposal from Park Engineering, Inc. and found it to be within industry standards and acceptable. THEREFORE, i i RAFAEL RESOLVES 1. The Park Engineering, Inc. proposal is accepted in an amount of $60,000. . The Public Works Director of said City is authorized and directed to execute a contract IV with Park Engineering, Inc. in a form approved by the City Attorney. 3. The Public authorized to takeany and all such actions changes as may be ` accomplish ` purpose of 1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularlyand adopted at . Eggplar meeting of ! said City on the 2'd sof December,by i to AYES: COUNCIL MEMBERS: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None '4�Q� e , &4.0. ..' i � i FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT This Agreement is made and entered into this of 2013 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and Park Engineering, Inc., a corporation authorized to do business in California (hereinafter "CONTRACTOR). WHEREAS, the CITY has determined that certain specialized professional services are required for Capital Improvement Project Management (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Proj ect. welaml-aft NOW,, THEREFORE,, the parties hereby agree as follows: 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. Jaemin Park 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. CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated November 2 1 !1 2013 marked Exhibit "A" attached hereto,, and incorporated herein by this reference. CONTRACTOR agrees to perform the work specified in this Agreement. 3. DUTIES OF THE CITY CITY shall perform the duties, *if any, as described in Exhibit "A" attached hereto and incorporated herein. 1 -1 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 "A". The total payment made under this Agreement shall not exceed $60,000.00, except by written amendment of this agreement by the parties. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized The term of this Agreement shall be two years from the date of execution. •0012231RjM � 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. 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. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its mm��� 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. 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. A. During the term of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or 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 10. A., shall also meet the following requirements: I . 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 liaty insurance, the insurance policies 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,* Agreement # 3 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 s 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 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. (a) Except as provided in Paragraph (b), CONTRACTOR shall indemnify, elealCITY, ficers, and employees, against any claim, demand, suit, rse,, defend and hold harmess . its of 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 (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 to 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, L or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. Agreement # 4 �Vlk �021111'1111 11'1111,1111111 1iii'1111! I 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 1=0 1, 111 1 MITI I III! I LI I I I i I MMM=;4M= 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. 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. 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: Kevin McGowan,, Assistant Public Works Director/City Engineer City of San Rafael 1.11 Morphew Street P.O. Box 151560 San Rafael,, CA 94915-1560 TO CONTRACTOR: Park Engineering, Inc. Jae in Park 28 Dolores Way Orinda,, CA 94563 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. 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, subject matter between the CONTRACTOR and the CITY. regarding the 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. 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 9 ffm &T1% Ms ' ! # 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. A 1� 1 KIM I' � 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 cost (including claims administration) and attorney's fees expended in connection with such action. I 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 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF,, the parties have executed this Agreement as of the day, month and year first above written. [$I I WK91 I Vfa NADER MANSOURIAN,, Public Works Director ATTEST: -4 ROBERT F. EPSTEIN, City Attorney q y B: Title: Agreement # 7 I , !1111111pq qppip 11 iq� I gi� qp I � I 111i I p 1 11 �� 1111 1 Park Engineering, Inc. is pleased to submit this fee schedule to perform project management services to the City of San Rafael to administer approximately 10 building related projects. I appreciate the opportunity to work with the City on these very exciting projects. I am available immediately to support the City on an as -needed bast's, up to full-time (40 hours/week), as determined by the City. My role will be to manage the design process to finalize project documents for construction. I will also be available to provide construction management services, Including bid management, contract award, construction oversight and project close-out. if there are any questions, or if any additional information is needed, please contact me at 925-818A 3756. 1 Jaemin Park.. P.E. Principal 28 Dolores Way Oninda, CA 94563 1 Tel: 926-818-3756 1 Fax: 925-401-7030 E-mail: jpark@park-eng.com P R Schedule Project Manager Services for Building Projects City of San Rafael Name Posiflon Hourly Rate OT Rata CST Rate Jaernin Park, P.E. Project Manager $165-00 $165.00 $166.00 A 1. Hourly .: Includes EXhi6�+A November 21, 2013 RE: Project Management Services for City's Building Projects Park Engineering, Inc. is pleased to submit this fee schedule to perform project management services to the City of San Rafael to administer approximately 10 butildling related projects. I appreciate the opportunity to work with the City on these very exciting projects. I am available immediately to support the City on an as -needed basis, up to full-time (40 hours/week), as determined by the City. My role will be to manage the design process to finalize project documents for construction. I will also be available to provide construction management services, 'Including bid management, contract award, construction oversight and project close-out. If there are any questions, or if any additional information is needed, please contact me at 925-818- 3756. Jaemin Park, P.E. Principal 28 Dolores Way I Orinda, CA 94563 1 TeL 925-818-3756 1 FaxK 925-401-7030 1 E-mail, jpark@park-eng.com ii ��II I Dolores28 a.; (925) 81"756 ManagerFee Schedule Project , or City's Building Projects City of San Rafael Name urly Rate OT Rate DT Rate Park, P.E. Project Manager $165.00 $165.00 $165.00 hLOTES: . Hourly rate includes vehicle, computer and cells CITY OF SAN RAFAEL r II► 1 t ®117 A INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE BEFORE APPROVAL ♦ AGENCY. SRRA/ SRCC AGENDA ITEM NO. -3-g_ DATE OF MEETING: 1210212013 FROM: Naderi DATE: 11/21/13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS PROJECTS IN AN AMOUNT NOT TO EXCEED $60,000.00 Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL /AGENCY AGENDA ITEM: Ci City Manager signature) C = w a: 01vi:a APPROVED AS TO FORM: