HomeMy WebLinkAboutCC Resolution 10718 (Medway/Canal Community Planning Project)RESOLUTION NO. 10718
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH AMPHION ENVIRONMENTAL, INC. FOR
PLANNING AND DESIGN SERVICES RELATED TO THE MEDWAY/CANAL
COMMUNITY PLANNING AND DESIGN PROJECT.
(1 YEAR AGREEMENT FROM 10/2/2000 & ENDING 10/1/2001)
WHEREAS, East San Rafael's Medway Road and Canal Street intersection
functions as a major entryway to the Canal area and as an informal gathering place for
local residents; and
WHEREAS, automobile, commercial vehicle and bus traffic is significant
throughout the Medway/Canal corridor, leading to noise, congestion and roadway
deterioration; and
WHEREAS, many participants in the 1996-97 Canal Voice community planning
process focused on pedestrian, bicycle and motor vehicle safety issues in and around the
intersection and on ways to enhance the neighborhood's image and sense of community;
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WHEREAS, the City of San Rafael applied for and received a $10,000 grant
from the Metropolitan Transportation Commission's Transportation for Livable
Communities program for planning and design services related to the Medway/Canal
intersection, and matched that amount with an additional $10,000 in Gas Tax funds; and
WHEREAS, the Medway/Canal Advisory Committee, comprised of Canal
residents, chose the urban design and planning firm Amphion Environmental, Inc., to
conduct a comprehensive community planning effort to create a design for the
intersection consistent with the diverse cultural and transportation needs of the
community;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Rafael hereby authorizes the City Manager to enter into a Professional Services
Agreement with Amphion Environmental, Inc. for planning and urban design services
related to the Medway/Canal Community Planning and Design Project, in an amount not
to exceed $20,000.
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 Monday the 2" a day of October, 2000,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA &V M LEONCINI, City Clerk
AGREEMENT FOR PLANNING, URBAN DESIGN AND LANDS CAPE ARCHITECTURAL
SERVICES
This Agreement is made and entered into this 2nd day of October, 2000, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and Amphion Environmental, Inc. (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that consulting services are required to
implement the Medway/Canal Community Planning and Design Project; and
WHEREAS, the CONTRACTOR has offered to render certain specialized
professional services in connection with this Project.
D�IUI�I► 1
NOW, THEREFORE, the parties hereby agree as follows:
1. DEFINITIONS.
A. The project referred to ,in this Agreement is the Medway/Canal Community Planning
and Design Project.
2. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Director of Public Works 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 singe PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR E. Byron McCulley 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.
3. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide'services as described in
Exhibit "A", attached and incorporated herein.
4. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
described in Exhibit "A" attached and incorporated herein.
5. COMPENSATION.
Forthe full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR in a total, amount not to exceed $20,000, 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
6. TERM OF AGREEMENT.
The term of this Agreement shall be for one (1) year commencing on October 2, 2000 and
ending on October 1, 2001. Upon mutual agreement of the parties, and subject to the approval of
the City Manager, the term of this Agreement shall be extended for an additional period of six (6)
months.
7. 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 CITYas soon as possible, but not later than thirty
(3 0) days after termination
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8. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement. Any
reuse of plans for other projects shall relieve CONTRACTOR of any liability on other projects.
9. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
10. ASSIGNABILITY.
Thep arties agree that they shaIl not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
11. INSURANCE,
A. During theterm 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 and two million ($2,000,000) aggregate 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
onemillion ($1,000,000) dollars perclaim andonemillion ($1,000,000) aggregate 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 CITVs insurance or coverage for any contribution;
2. Except for professional liability insurance, the insurance policies shall be
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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
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 term 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 fora period of not less than five
y ears;
7. The insurance policies shall provide for a retroactive date of placement
coircidingwith 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
forinjuries to CONTRACTOR' officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR' 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 CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
12. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers,
agents, employees, and volunteers, against any claim, demand, suit, judgnent, loss, liability or
expense of any kind, including attorney's fees and administrative costs, to the extent caused by any
negligent acts or omissions of CONTRACTOR or CONTRACTOR'S officers, agents and
employees in the performance of their duties and obligations under this Agreement.
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13. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origjn or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
14, COMPLIANCE WITH ALL LAWS
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indannify
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.
15. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any thud party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
16. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
p arties intended to be notified. Notice shall be deemed given as of the date of p ersonal delivery, or if
mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows;
TO CITY: David M. Bernardi
Project Manager
City of SanRafael
1400 Fifth Ave. (P.O. Box 151560)
SanRafael, CA 944915-1560
TO CONTRACTOR E. Byron McCulley
Project Director
Amp lion Environmental, Inc.
1404 Franklin St., Suite 400
Oakland, CA 94612-3210
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17. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
18. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to
the subject matter of this Agreement.
B. This written Agreement shall supersede any and allprior 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,.
theterms 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 chedcs or other amounts.
20. WAIVERS.
The waiver by either party of any breach or violation of any terra covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other terra 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, performances 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.
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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
(induding claims administration) and attorney's fees expended in connection with such action.
22. CITYBUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and mairtain 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. CONTRACTOWs taxpayer
idertification number is 942972872, and CONTRACTOR certifies under penalty of penury that
said taxpay er identification number is correct.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS VVE REOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
ROD GOULD, City Manager
ATTEST:
A. -
W C I, City Clerk
an
C..
GARYT. IANTI,fityAttorney
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CONTRACTOR
E. B , ON McCULLEY, Presideo Amphion
Env' onmental, Inc.
f
1
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t
(Revised 669)
EXHIBIT "A"
City of San Rafael
Medway/Canal Project
Scope of Work
Task Al - Kick off Meeting: Meet with City Staff to confirm tasks, schedule, and
obtain existing conditions materials from City.
Task A2 - Prepare Questionnaire/flyer: Prepare a draft of a single page (front and
back) Questionnaire/flyer that will describe the project, allow for response to a few
questions and a return address. Submit to Medway/Canal Advisory Board and City staff
for review and comments. Finalize and submit camera ready Questionnaire/flyer to City
for translations, reproduction and distribution. Questionnaire/Flyer will be mailed to
Canal residents, business and property owners, particularly those in close proximity to
Medway/Canal/Belvedere intersection. They will also be distributed/collected at the
following locations:
1. Pickleweed Community Center
2. Canal Community Center
3. Lee's Market
4. Bahia Vista School
5. 400 Canal St. Apartments
6. 95 Medway Rd. Apartments
7. 162-172 Belvedere St. Apartments
8. 182 Belvedere St. Apartments
The purpose of the Questionnaire/flyer is to inform the public of the project and the
upcoming workshops, obtain some initial public input and develop a mailing list. City to
provide to Amphion, English translations of the responses.
Task A3 - Community Workshop #1- Prepare for and facilitate a community workshop
to be held on the project site at two different times. City to provide translators during the
workshop. Workshops are intended to be a walking and discussion tour of the site, with
graphic recording of comments and ideas in real time. Two workshops are planned one
in the AM hours and one in the PM hours in order to reach a wide range of residents in
the area. Simultaneous translations are planned. Outreach efforts will include a broad
based mailing, flyers distributed to the businesses, residences, agencies noted in A2, and
direct invitation. Workshop input will be utilized in the next two tasks.
Amphion Medway /Canal Project 8/28/00
Scope of Work
Task A4 - Focus Group Meeting - Prepare for and facilitate a focus group meeting for
obtaining additional input from property owners, business owners and operators, and
other key stakeholders who might not attend or participate in the public workshops. City
to send letters of invitation to attendees and arrange for room and refreshments . City
staff and the San Rafael Chamber of Commerce will personally invite property owners,
business owners and operators whose properties may be directly impacted by the project.
Intent of the meeting is to share information obtained during the public workshop and to
obtain input form the focus group participants.
Task A5 — Conceptual Alternatives - Develop a maximum of three concept designs
for streetscape / gateway / traffic / land use / treatments for the project. Meet with
Medway/Canal Advisory Board and City Staff to review alternatives, assess viability,
define changes and concur on what to revise for the 2" Community Workshop . Revise
and refine the three conceptual alternatives. Prepare graphics and text for 2nd workshop
announcement/flyer. Deliver camera ready announcement/flyer to City for translation,
reproduction and distribution.
Task A6 - Community Workshop #2 - Prepare for and facilitate a community workshop
including focus group attendees. City to provide room arrangements, refreshments and
translators for workshop. Workshop is intended as a forum for presentation of the three
alternative concepts and as a mechanism for feedback from the public and stakeholders.
Interactive work sessions in smaller groups for feedback are envisioned. Results of the
workshop preferences and recommendations will be used as a basis for the next task.
Task A7 — Draft Concept Plan - Prepare a draft concept plan that reflects the input and
concerns of the participants. Review draft concept plan with N-edway/Canal Advisory
Board and City staff. Update and revise concept plan based on input from meeting
results. Render concept plan for presentation at a Community Open House. Prepare
graphics and text for "Community Open House" announcement/flyer. Deliver camera
ready flyer to City for reproduction and distribution.
Task A8 - Community Open House - Prepare for and facilitate a Community Open
House. City to provide room arrangements, refreshments and translators. Intent of
meeting is to have a fun event where the concept design is presented and an opportunity
for feedback is provided. Results of the feedback will be evaluated for potential
incorporation into the concept plan.
Amphlon Medway /Canal Project 8/28/00
Scope of Work
Task A9 - Final Concept Plan - Meet with the Medway/Canal Advisory Board and City
Staff to review potential changes and refinements to the concept plan. Update concept
plan based on meeting results. Prepare a conceptual level estimate of probable
construction cost. Render final concept plan and illustrative section /sketch. Deliver
plan and sketch to City Staff
Optional Additional Task
Task A8 - Community Presentation Show — Prepare a slide show summarizing the
process and the resulting plan as a self contained traveling show .
Amphion Medway /Canal Project 8/28/00
Scope of Work
Medway/Canal Community Planning and Design _Project
San
Rafael, California
Task
Hours
McCulley
Stohler
Culver
.jConceptual
Design
Kickoff meeting
2
2
�A.1
Review existing information
2
2
+A.2
Questionnaire
Questionnaire preparation
2
4
Deliver camera ready flyer to SR staff
1
I
• SR to translate text
I
• SR to print and mail/post flyers
IA.3
Communitv'Walkina' Workshoq
Prepare site questions
2
4
Prepare basepllan ------------
2
4
Workshop prep.
2
2
Morning Workshop
3
3
3
Evening Workshop
3
3
3
Review comments
2
• SR to provide translators for walks
IA.4
Focus Group Meeting
I
Meeting prep
2
i
IMeeting
2
2
SR to provide meeting room and translators cif necessary)
IA.5
Alternatiives
Concept Designs
2
16
8
SR Staff meeting
2
Update concept designs
4
4
Prepare flyer
4
Deliver camera ready flyer to SR staff
1
I
• SR to translate text
I
• SR to print and mail/post flyers
IA.6
(Community Workshop
Workshop prep.
2
4
8
Workshop w/ Community
3
3
3
Review comments
2
4
• SR to provide meeting room and refreshments
• SR to�rovide translators
A.7
Draft Concept Plan
1
Prepare Concept Plan
8 1
16
Review Concept Plan w/ SR Staff
2
Update concept plan
2
4
Render Plan
4
Prepare flyer
4
Deliver camera ready flyer to SR staff
1
to translate text
1•SR
SR to print and mail/post flyers
_
A.8
iC munity Open House Presentation
Workshop prep.
2
4 1
8
Community Open House
3
3
3
Review comments
2
4
I
• SR to provide meeting room and refreshments
I
• SR to provide translators
IA.9
Final Cgncept Plan
Meet w/ SR Staff
2
Update Concept Plan
4
8
Prepare illustative section/sketch
1
16
i Estimate of Probable Construction Costs
4
___
Render Plan
2
4
i
Deliver Plan to SR Staff
1 I
I
!I
I Hour Subtotal
31
118
90
I
j Hourly Rate
$110
$90
$65
I
$3,410
�
$10,620
$5,850
I
I
Conceptual Phase Total
$19,8801
1 Optional Additional Service
IA.10 Community Presentation Show
Prepare 'traveling' show
I �
2 8 16
$220 $720 $1,040
Subtotal by Person $1,980
Direct Costs: Slides $40
Additional ServiceTotal $2,200
Amphion Medway/Canal Project
Scope of Work/Hours 8/3/00