HomeMy WebLinkAboutCC Resolution 13649 (Engineering Services; Park Engineering)RESOLUTION NO. 13649
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
WHEREAS, on July 15, 2013, the City Council approved the 5 year Capital Improvement
Project list; and
and
WHEREAS, the City requires professional engineering services for various projects on the list;
WHEREAS, the firm of Park Engineering, Inc. was selected as the best qualified for said
engineering services; and
WHEREAS, Park Engineering Inc. has submitted a Proposal to provide such services on a time
and materials basis; and
WHEREAS, staff has reviewed the proposal from Park Engineering, Inc. and found it to be
within industry standards and acceptable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES
as follows:
1. The Park Engineering, Inc. proposal is accepted in an amount of $60,000.
2. The Public Works Director of said City is authorized and directed to execute a contract
with Park Engineering, Inc. in a form approved by the City Attorney.
3. The Public Works Director is hereby authorized to take any and all such actions and make
changes as may be necessary to accomplish the purpose of this resolution.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said
City on the 2"" day of December, 2013. by the following vote, to wit:
AYES: COUNCIL MEMBERS: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ESTHER C. BEIRNE, City Clerk
AGREEMENT
FOR PROFESSIONAL SERVICES WITH PARK ENGINEERING, INC.
FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT
This Agreement is made and entered into this 0f,f 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).
RECITALS
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 Project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION
A. CITY. The Public Works Director shall be the representative of the CITY for
all purposes under this Agreement. The 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.
2. DUTIES OF CONTRACTOR
CONTRACTOR agrees to perform the services outlined in the proposal from
CONTRACTOR dated November 21, 2013 marked Exhibit "A" attached hereto, and incorporated herein
by this reference. CONTRACTOR agrees to perform the work specified in this Agreement.
3. DliTIES OF THE CITY
CITY shall perform the duties, if any. as described in Exhibit "A" attached
hereto and incorporated herein.
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
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT
The term of this Agreement shall be two years from the date of execution.
6. TERMINATION
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon ten
(10) days written notice mailed or personally delivered to the other party, and the notified party's failure
to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving
such notice, within thirty (30) days of the receipt of said notice.
C. Effect of Termination. Upon receipt of notice of termination, neither
party shall incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents
or materials provided to 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.
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.
S. INSPECTION AND AUDIT
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its
Agreement • 2
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 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
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 10.
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, and employees as additionally
named insureds under the policies;
4. CONTRz,-kCTOR 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 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'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.
11. 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 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.
(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.
Agreement • 4
12. 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.
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 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.
14. 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.
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
111 Morphew Street
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Park Engineering, Inc.
Jaemin Park
28 Dolores Way
Orinda, CA 94563
Agreement • 5
16. 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.
17. ENTIRE AGREEMENT -- AMENDMENTS
A. The terms and conditions of this Agreement, all exhibits attached, and
all documents expressly incorporated by reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements,
oral or written, regarding the subject matter between the 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.
18. 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.
19. WAIVERS
The waiver by either part}, of any breach or violation of any tern, 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
o« inQ under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by
the other party of any tern. condition, covenant of this Agreement or any applicable law, ordinance or
regulation.
Agreement • 6
20. COSTS AND ATTORNEY's FEES
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS 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 (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.
CITY OF SAN RAFAEL PARK ENGINEERING, INC.
By:
NADER MANSOURIAN, Public Works Director Title:
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, Ciiy Attorney
File No.: 01.01.02.01
Agreement • 7
November 21, 2013
Mr, Kevin McGowan, P.E.
City Engineer
City of San Rafael
Department of Public Works
Ill Morphew Street
PO Box 151560
San Rafael, CA 94915
RE: Project Management Services for City's Building Projects
Dear Kevin:
Park Engineering, Inc. is pteased to submit this fee schedule to perform project managrement 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 suppoi t the City on an a5 -needed basis, up to fall -tinge (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 nu anagement, contract award,
construction oversight and project close- out.
if there are any (Juestions, or if Inyadditional information is needed, please contact me at 925-818-
3756.
Sincerely,
lac mill Park, VS,
POI-f6paf
20 L)ofom, Way J Ofinda, CA 94563 1 Tel: 926-8 t8-1756 1 Fax 925-401-7030 1 C'-maiL
EXHIBIT A
PARK EN49rEERWG, 01-
28 Doloms Way
O&Aa, CA 94581
(925) 8183758
Fee Schedule
Project Manager Services for
City's Building Projects
City of San Rafael
Name j Position E Hourly Rate f OT Rate J DT Rate
Jaemin Park, P.E. Project Manager $165.00 $165.00 $165.00
NOTES:
1. Hourly rate Includes vehicle, computer and cell phone.
Novembet,21,2013
Mr. Kevin McGowan, P.E.
City Engineer
City of San Rafael
Department of Public Works
III Morphew Street
PO Box 151560
Sap Rafael, CA 94915
int ., Proiect Management Servic'es for City's 4uRdi-Ng Prosts
Park Engineering, Inc. is pleased trisub init this fee schedule to perform pro.iect management services to
the City of San Rafael to administer approxinnately,10 building related proiects. I appre-,,Jate the
opportunity to work vift the City or, these venlexciting project -s.
I arra available it rnediately to support the City on an as-meeded basis., up tee ,coil -time. (40 hours/week), as
determined by the 0tv.
icy role will be to manage the design process tofinatize project docurnents for construction. I will also
be available to provide construction management servicc,s;, includmg bid marN,1gement, contract' award,
constructior, oversight and prolect 60se-Out.
if there are any questions, or if argy add�tionml inforrr4atbn is needed, please contact meat 925-811.8-
3756,
SqOcerelv,
I A
4 " a ;P CA 94563 Te�� 925-816-3756 Fax,
PARK PNGO)EFRVqiG, 3n-
28 Dowes Way
0,6nda, CA 9-M2
tv-S) 316.37m
Name
r
City's Building Projects
City of San Rafael
K ourRate
.F Ram i
I OTRot.0
Jaernin Park, r -AF- i Prc4ed Manager
$165,00 $165.00 $166,011.)
------ ----- ...... ......
Houny rate incivaes 4sL— Cie, -omput�;r and aell phons.
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL /AGENCY.
SRRA / SRCC AGENDA ITEM NO. 3.9
DATE OF MEETING: 12/02/2013
FROM: Nader Mansourian
DEPARTMENT: PUBLIC WORKS
DATE: 11/2- t/13
TITLE OF DOCUMENT:
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 APPROVED AS TO FORM:
AGENDA ITEM:
A4p n
✓! N r e, ,, ....a GG
City IVlanager signature) City Attorney (signature)
REMARKS:
Fife No.: 01.01.02.01