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HomeMy WebLinkAboutPW Parking Garage Replacement StudyM 0 GMMM3= Agenda Item No: 4, e, Meeting Date: May 19, 2014 af Prepared by: /0 City Manager Approv Director of Public Works File Ao.-. 06.01.222 SUBJECT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM MARTIN/MARTIN9FOR PROFESSIONAL SERVICES FOR THE PARKING STRUCTURE/GARAGE REPLACEMENT AND UPGRADE STUDY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MARTIN/MARTIN9 INC. IN THE AMOUNT OF $999500.00. 11111 111!1 1� 16 BACKGROITID: The City of San Rafael has four parking structures: The 3rd Street & C Street parking structure was built in 2004 and is a five level structure constructed primarily of reinforced concrete with some concrete masonry units at the walls and parapets. • The 3rd Street & A Street parking structure was built in 1983 and is a four level structure constructed primarily of reinforced concrete. Some of the walls and parapets are concrete masonry units. The 3rd Street & Lootens Place parking structure was built in 1964 and is a two level reinforced concrete structure with some structural steel bracing. • The 5th Avenue & C Street parking structure was built in 1959 and is a two level reinforced concrete structure with some structural steel bracing. Providing safe, well-maintained parking facilities is a priority for the City. To, do so, an evaluation of each of the four structures is required. Two of the parking structures were constructed more than 50 years ago and will require a significant amount of testing and calculations. An additional structure was constructed 3 1, years ago and the newest structure was constructed 10 years ago. Although the latter two structures are relatively new, State and Federal Codes and Regulations have changed since their original design. Therefore, these two newer structures also require evaluation. FOR CITY CLERK ONLY Ffle No.: 5 - Coundil Meefing: D"Isposifion: Each of the four parking structures contain various components which require evaluation. The scope of this study includes an analysis of structural deficiencies as well as regulatory deficiencies such as accessibility (ADA) compliance, lane configurations, environmental, mechanical, electrical, and plumbing. This project will result in a detailed report with recommendations on required upgrades to comply with current State and Federal Codes and Regulations. The report will provide information on specific deficiencies of the parking structures and recommendations, including cost estimates,, for upgrades and/or replacements. The Department of Public Works solicited design proposals and received five submissions from qualified firms on March 25, 2014. All proposals were evaluated by City staff based on criteria specified in the Request for Proposals (RFP), including but not limited to project understanding, approach and level of effortschedule, team qualifications including previous experience with similar projects completed on time and within budget, and project manager and key staff experience. Interviews with the top three firms were conducted on April 24, 2014 with panel members consisting of City staff. After review of the proposals and interviews, Martin/Martin, Inc. was chosen as the most qualified consultant for the project. FISCAL IMPACT: The design of this project was approved in the City of San Rafael's 2013/2014 Five -Year Capit Improvement Program (CIP) with a budget of $200,000. The proposal from Martin/Martin, in the amou Of $99,500.00, falls within the approved amount. I At the time the 2013/2014 CIP was developed, the exact scope of this project was unknown and therefor the $200,000 was a rough estimate. It is anticipated that after completion of the analysis and evaluatio the remaining budget may be used to perform some immediate repairs and/or upgrades to the structures. I Funding Sources Parking Services Fund (#501) 11 $2001000.01) Approved in 13/14 CIP Total Available Funds $2009000.00 1 I• A Category -Eden Expense Code Desiign-O 1 $99,500.00 1 Martin/Martin., Inc. Total Project Design Costs $99,500.00 We therefore request that Council approve $99,500.00 for the project from the funding source listed above. The Council may choose to authorize the Director of Public Works to enter into a Professional Services Agreement with Martin/Martin Inc. The Council may choose to withhold authorization and direct the Department of Public Works to reissue the RFP. Reissuing the RFP will result in the postponement of this study and any associated repairs. ACTION REQUIRED* Adopt the resolution authorizing the Public Works Director to enter into a Professional Services Agreement with Martin/Martin, Inc. for evaluation and analysis services for the City Parking Structures Study Project. Enclosures 1. Resolution 2. Agreement 3. Exhibit A ' A RESOLUTION i RAFAEL ACCEPTING ! 1 PROPOSAL i i!j i MARTIN/MARTIN j i i PROFESSIONAL SERVICES FOR i PARKING STRUCTURE/GARAGE il i j i ! 1 AND UPGRADE STUDY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER PROFESSIONAL i SERVICES AGREEMENT MARTIN/MARTIN '' $99,500,00. the City; and WHEREAS, the City of San Rafael owns and maintains four parking structure; WHEREAS, providing safe, well-maintained parking facilities is a priority for WHEREAS, ♦ J Five -Year ii ii Improvement Program i approved allocating $200,000 from the Parking Services Fund for an analysis; and WHEREAS, City staff found that design services from qualified consultants will be required for this project; and WHEREAS, City staff followed the City standard procedures for selection of the most qualified consultant; and WHEREAS, the most qualified consultant team is Martin/Martin, Inc. with a fee in the amount of $99,500.00 (technical proposal attached as Exhibit A); Professional of ! as ! 2. Council does hereby authorize the Public Works Director to enter into 'rofessional Services Agreement with Mart in/Martm, Inc. for professional services!it "A" in a form approved by ani 3. The Director of Public Works is hereby authorized to take any and all such g.ctions and make changes as may be necessary to accomplish the purpose of this resolution. 1, 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 I 9th day of May, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS.- Bushey, Collin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ,f:;:5,S144g /2 ESTHER C. BEIRNE, City Clerk FOR PROFESSIONAL SERVICES WITH MARTIN/MARTIN',, INC. FOR THE PARKING STRUCTURE UPGRADE/REPLACEMENT STUDY This Agreement is made and entered into this 2014 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and MA:RNI/iMART11NNix. INC., a corporation authorized to do business in Califomia (hereinafter "CONTRACTOR). WHEREAS, the CITY has determined that certain specialized professional services are required for the Parking Structure Upgrade/Replacement Study (hereinafter "PROJECT'); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. UNNIN kNumal NOW, THEREFORE, the parties hereby agree as follows: L PROJECT COORDINATION A. CITY. The Public Works Director shall be the representative of the CITY for all purposes under th 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. 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 March 25, 2014 marked Exhibit "A" attached hereto, and incorporated herein by .f this reference. CONTRACTOR agrees to perfonn the work specified in this Agreement. 3. DUTIES OF THE CITY CITY shall perform the any, duties, if , as described in Exhibit "A" attached I W hereto and incorporated herein. 4. COMPENISATIOiN 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 I t It this Agreement shall namen dm exceed $99,500, except by written amment of this agreement by the parties. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. The to of this Agreement shall be from the date of execution until completion 6. TERMINATION A. Discretionary. Eitber party may terminate this Agreement without cause .t I upon thirty (30) days written notice mamas or personally delivered to the other party. B. Cause. Eiger 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. on 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 tennination, 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- 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR m 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. 8. INSPECTION AND AUDIT Upon reasonable notice, CONTTRACT shall make available to CITY, or its agent, for Inspection and audit, all documents and materials maintained by CONTRACTOR i rConnection with 'Its performance of its duties under this Agreement. CONTRACTOR shall fulli 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 to of thi's 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/two million dollars ($2,000,000) aggregate, for death., bodily injury, personal injury, or property damage; 2. An automobile liabiliqr (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 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's llabili vyt insurance, as required b the State Labor Code and other I y applicable laws and regulations, and as necessarNir to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR"s officers and employees. COST RACTOR"s work r, compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY, B. The insurance coverage required of the CONTRACTOR by subparagraph A orchis section above shall also meet the following requirements. - I. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, airs, employees, and volunteers, 9 as additionally named insured under the policies. 2. The additional insured coverage under COT RACTO. 's insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory", coverage in CONT RACTOR's policies shall be at least as broad as ISO fonn CG20 01 0413. 3. Except for professional liability, insurance, the *insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or othemitse modI*,Cv the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the. insurance is written on a Claims Made Forflil, then, following termination of this Agreement, said insurance coverage shall sur lie for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also ap ply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY"s own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements 10 I and/ r limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement-, or (2) the broader coverage and maximum hi -nits of coverage of any insurance policy or I proceeds available to the named insured-, whichever is greater. C. Any deductibles or self-insured retentions in CONT RACTOR's 0 insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named *insured or *.I CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions wit , n respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a I bond guaranteeing payment of losses and related investigations,, claims administration,, alto rneyf s fees and defense expenses. D. CONTRACTOR shall provide to the PROJECT MANAGER or CITY's City Attorney all of the following.- (1) Certificates of Insurance evidencing the insurance coverage 11. INDEMNtFICATION A. Except as provided in Paragraph B, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liabilit-yr or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTO R's performance of its obligations or conduct of its operations under this Agreement. TheCONITRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However,, to the extent that liabilily is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACT OR's indemnification obligation shall be reduced in proportion to the City lndemnitees' share of liabilit- yr for the active negligence or willful is ondnct. In addition, the acceptance or approval of the CONTRACS` OR"s work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indenmitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONT RACTOR's performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or aITY's option reimburse the City Indemnitees their costs of e, irred in defense of sch claims. defense including reasonable attorneys* f esnu 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 terra is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful, misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to,., and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way,, against any person on the disability I basis of age, sex, race, color, religion, ancestry, national origin or cisamlity in connection with or related to the performance of its duties and obligations under this Agreement, I -IN COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and Ugreement # 6 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 othercommunications 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 malted', 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 I I I Morphew Street P.O. Box 151560 San Rafael", CA 94915-1560 1 TO CONTRACTOR: Emily Guglielmo, SE, PE Martin/Martin Consulting Engineers 700 Larkspur Landing Circle, Ste. 249 Larkspur, CA 94939 16. INDEPENDENT CONTRACTOR For the purpolses, 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 partieswith respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements,, oral orwritten. regarding the subject matter between the CONITRACTO R and the CITY. I (.I- C. No other agreement,, promise or statement.wrl it , ten 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 to 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 CONITRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any I * ordinance,, agreement,, contract or reso I lution for any unpaid taxes, fees, licenses., assessments, unpaid checks or other amounts. 19. 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 er eithpart I I y of any fee, performance, or other cons*derat*I on which may become due or in 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 20. COSTS AND ATON EY'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, mk-y recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/0THER 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 NADER MANSOURIAN,, Public Works Director ATTEST: VIA:i:A ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM. - rt c ROBERT F. EPSTEIN. ity A Mey "I File No.: 06.01.22/�., MARTtN/MARTtN,, By. MA �Ap C )P� Title. - SEAL 00 0 1988 0 C*01001��* 10� V, ;V COS I be NT'