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HomeMy WebLinkAboutCC Resolution 13475 (SRTS Davidson Middle School)RESOLUTION NO. 13475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM COASTLAND ENGINEERING FOR DESIGN ASSISTANCE ON THE SAFE ROUTES TO SCHOOL (SRTS) AT JAMES B. DAVIDSON MIDDLE SCHOOL PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND ENGINEERING IN THE AMOUNT OF $76,938 WHEREAS, the Federal Safe Routes to School (SRTS) Program is a federal funding program that is intended to improve conditions for children in kindergarten through eighth grade to safely walk and bicycle to school; and WHEREAS, Transportation Authority of Marin, along with City staff, arranged for the SRTS program to develop improvement concepts for James B. Davidson Middle School involving the Davidson Middle School staff, parents, and consultants, and the effort resulted in concepts used for the development of this project; and WHEREAS, the City staff applied for federal SRTS funding for $565,000 and received approval; and WHEREAS, the City staff found that design services from qualified consultants will be required for this project; and WHEREAS, City staff obtained approval from Caltrans to begin the process of designing this project; and WHEREAS, City staff followed the federal standard procedures for selection of the most qualified consultant, and WHEREAS, the most qualified consultant team is Coastland Engineering, with a fee in the amount of 576.938 (technical proposal attached as Exhibit A), NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Professional Scope of Services for Coastland Engineering, as attached hereto, is accepted and Council does hereby authorize the Public Works Director to enter into Professional Services Agreement with Coastland Engineering for professional services listed in Exhibit "A", in a form approved by the City Attorney and in the amount of $76,938. IT IS FURTHER ORDERED AND RESOLVED, that the Director of Public Works is hereby authorized to take any and all such actions 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 17th day of December, 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -STHER C. HEIRNE City erk File No.: 18.10.19 AGREEMENT FOR PROFESSIONAL SERVICES WITH COASTLAND ENGINEERING FOR THE SAFE ROUTES TO SCHOOL AT JAMES B. DAVIDSON MIDDLE SCHOOL PROJECT ARTICLE I INTRODUCTION A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY: The name of the CONSULTANT is as follows: COASTLAND ENGINEERING Incorporated in the State of CALIFORNIA The Project Manager for the "CONSULTANT" will be PAUL WADE The name of the "LOCAL AGENCY" is as follows: CITY OF SAN RAFAEL The Contract Manager for the LOCAL AGENCY will be NADER MANSOURIAN, Public Works Director. B. The work to be performed under this contract is described in Article II entitled Statement of Work and the approved CONSULTANT's Scope of Services (Revised) dated December 7, 2012. C. Except as provided in Subparagraph B, CONSULTANT shall indemnify, release, defend and hold harmless LOCAL AGENCY, 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 CONSULTANT or CONSULTANT's officers, agents and employees in the performance of their duties and obligations under this Agreement. Where the services to be provided by CONSULTANT 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, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless LOCAL AGENCY. 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 CONSULTANT in the performance of its duties and obligations under this Agreement. D. The CONSULTANT and the agents and employees of CONSULTANT, in the performance of this agreement, shall act in an independent contractor capacity and not as officers or employees or agents of the LOCAL AGENCY. E. The LOCAL AGENCY may terminate this agreement with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the exent of such termination, the LOCAL AGENCY may proceed NNith the work in any manner deemed proper by the LOCAL ,AGENCY. If the LOCAL AGENCY terminates this agreement with the CONSULTANT. LOCAL AGENCY shall pay CONSULTANT the sum due the CON SLIL.TANT under this agreement prior to termination, unless the cost of completion to the LOCAL AGENCY exceeds the funds remaining in the contract. In «hicll case the overage shall be deducted from any sum due the CONSULTANT under this agreement and the balance, if anj. shall be paid the CONSULTANT upon demand. F. �N`ithout the xN ritten consent of the LOCAL AGENCY. this agree►neut is not assignable by CONSULTANT either in x -,thole or in part. y Pa, -,e I of I .ce C. >,. G. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. B. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE 11 STATEMENT OF WORK A. Consultant Services: The approved CONSULTANT's Scope of Services (Revised) is attached hereto (Exhibit A) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence. ARTICLE III CONSULTANT'S REPORTS AND/OR MEETINGS A. The CONSULTANT shall submit progress reports at least once a month with the progress invoice. Tile report should be sufficiently detailed for the Contract Manager to determine, if the CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. The CONSULTANT's Project Manager shall meet with the LOCAL AGENCY's Contract Manager, as needed, to discuss progress on the contract. ARTICLE IV PERFORMANCE PERIOD A. This contract shall go into effect upon execution by both parties, and the CONSULTANT shall commence work after notification to proceed by the LOCAL AGENCY'S Contract Manager. The contract shall end upon completion of the work to the satisfaction of the LOCAL AGENCY'S Contract Manager. tn B. The CONSULTANT is advised that any recommendation for contract award is not binding on the LOCAL AGENCY until the contract is fully executed and approved by the LOCAL AGENCY. ARTICLE V ALLOWABLE COSTS AND PAYMENTS A. The LOCAL AGENCY will reimburse the CONSULTANT based on a time and materials basis with a maximum -not to exceed" fee as set forth in the CONSULTANT's Work Estimate attached hereto as Exhibit B and incorporated herein. as being the maximum cost to perform all work. The Work Z-1 Estimate fee shall include all direct costs and overhead such as. but not limited to, transportation. communications. Subsistence and materials. and an\ Subcontracted items of work. B. The CONSULTANT x� ill not be reimbursed for actual costs (direct or overhead costs) that exceed the approved CONSU'LTANT'S Work Estimate fee. unless additional reimbursement is provided for by contract amendment. In the event that the LOCAL AGENCY determines that a change to the work from that specified in the Work Estimate and contract is required, the contract time and/or actual costs reimbursable by the LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in the approved CONSULTAN'T'S Work Estimate shall not be exceeded. unless authorized b\ contract amendment. Page 2 of 15 C. Progress payments will be made monthly based on actual hours, hourly costs, and support service costs charged to the project. Progress payments will only be processed upon receipt of itemized invoice and progress report submitted to the LOCAL AGENCY. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, the LOCAL AGENCY shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions of Article VI Termination. D. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract. E. The CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the LOCAL AGENCY's Contract Manager of an itemized invoice. Invoices and progress reports shall be submitted no later than 45 -calendar days after the performance of work for which the CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall shall reference this contract number and project title. Final invoice must contain the final cost and all credits due the LOCAL AGENCY including any equipment purchased under the provisions of Article XVI Equipment Purchase of this contract. The final invoice should be submitted within 60 -calendar days after completion of the CONSULTANT's work. Invoices shall be mailed to the LOCAL AGENCY's Contract Manager at the following address: City of San Rafael Attention: Nader Mansourian I I I Morphew Street San Rafael, CA 94901 F. All subcontracts in excess of $25,000 shall contain the above provisions. ARTICLE VI TERMINATION The LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) -calendar days written notice to the CONSULTANT with the reasons for termination stated in the notice. ARTICLE VII FUNDING REQUIREMENTS A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of finds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. B. This agreement is valid and enforceable only, if sufficient funds are made available to the LOCAL AGENCY for the purpose of this contract. In addition. this agreement is subject to any additional restrictions, limitations. conditions, or any statute enacted by the Congress. State Legislature. or LOCAL AGENCY �)-o\ernina board that may affect the provisions. terms. or funding of this contract in ani manner. C. It is mutually agreed that if sufficient funds are not appropriated. this contract may be amended to reflect an\ reduction in funds. D. The LOCAL AGENCY has the option to void the contract under the 30 -dal cancellation clause. or b} mutual agreement to amend the contract to reflect an,, reduction of fiords. Page 3 of 15 ARTICLE VIII CHANGE IN TERMS A. This contract may be amended or modified only by mutual written agreement of the parties. B. The CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the LOCAL AGENCY's Contract Manager. C. There shall be no change in the CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by the LOCAL AGENCY's Contract Manager. ARTICLE IX DISADVANTAGED BtJSINESS ENTERPRISES (DBE) PARTICIPATION A. The Agency has established a DBE goal for this Agreement of 7.71%. B. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The CONSULTANT should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. C. CONSULTANTS are encouraged to use services offered by financial institutions owned and controlled by DBEs. D. It is the CONSULTANT's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: 1. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). 2. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a combination of the following: i. The proposer is a DBE and will meet the goal by performing work with its own forces. ii. The proposer will meet the goal through work performed by DBE, subcontractors. suppliers or trucking companies. iii. The proposer, prior to proposing. made adequate good faith efforts to meet the goal. 4. A DBE joint venture partner must be responsible for specific contract items of work or clearl} defined portions thereof. Responsibility means actually performing, managing. and superGismg the work with its own forces. The DBE joint venture partner must share in the capital contribution. control. management. risks and profits of the joint venture commensurate with its ownership interest. Nee 4 of I 5. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct clement of the work and must carry out its responsibility by actually performing, managing and supervising the work. i. The proposer shall list only one subcontractor for each portion of work as defined in their proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subcontractors. E. CONSULTANTS shall adhere to the following regarding subconsultants: 1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the LOCAL AGENCY and any subconsultant, and no subcontract shall relieve the CONSULTANT of his/her responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT. 2. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. 3. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY. 4. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's Contract Manager in advance of assigning work to a substitute subconsultant. F. The following shall pertain to the performance of DBE consultants and other DBE Subconsultants/Suppliers: A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices: whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing: and other relevant factors. 2. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction. Agreement. or project through which finds are passed in order to obtain the appearance of DBE. participation. In determining whether a DBE is such an extra participant. examine similar transactions. particularly those in which DBEs do not participate. 3. If a DBE does not perform or exercise responsibilit} for at least 30 percent of the total cost of its Agreement w ith its ow n w ark force. or the DBE subcontracts a greater portion of the work of the Agreement than Mould be expected on the basis of normal industIA practice for the type of work involved. it will be presumed that it is not performing a commercially useful function. G. The following shall pertain to Prompt Pa\ ment of Funds Witlhheld to Subcontractors: Pa -e i of 1 i No retainage will be held by the LOCAL AGENCY from progress payments due the prime CONSULTANT. Any retainage held by the prime CONSULTANT or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the LOCAL AGENCY's prior written approval. Any violation of this provision shall subject the violating prime CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the prime CONSULTANT, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime CONSULTANT and subconsultants. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. H. The following shall pertain to DBE Records: The CONSULTANT shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 2. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subcontractors," CEM -2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the CONSULTANT or the CONSULTANT's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the CONSULTANT when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors" is submitted to the Contract Manager. I. The following shall pertain to DBE Certification and Decertification Status: If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify the CONSULTANT in writing with the date of certification. Any changes should be reported to the LOCAL AGENCY"s Contract Manager within 30 days. ARTICLE X COST PRINCIPLES A. The CONSULTANT agrees that the Contract Cost Principles and Procedures. 48 CFR. Federal Acquisition Regulations System. Chapter 1. Part 31.000 et seq.. shall be used to detertnine the allowability of cost individual items. B. The CONSULTANT also agrees to comply w ith federal procedures in accordance w ith 49 CFR. Part 18. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Goy ernments. Pane 6 of I5 C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to the LOCAL AGENCY. ARTICLE XI CONTINGENT FEE The CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the frill amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XII RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; the CONSULTANT, subcontractors, and the LOCAL AGENCY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state. the State Auditor, LOCAL AGENCY, FLIWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. ARTICLE XIII DISPUTES A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the LOCAL AGENCY's Contract Manager and other City representatives, who may consider written or verbal information submitted by the CONSULTANT. B. B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONSULTANT may request review by the LOCAL AGENCY GOVERNING BOARD of unresolved claims or disputes. other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute. nor its consideration b\ the committee will excuse the CONSULTANT from full and timely performance in accordance with the terms of this contract. ARTICLE XIV AUDIT REVIEW PROCEDURES A. Ani dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of b\ agreement. shall be re\ iewed by the LOCAL AGENCY'S FINANCE DIRECTOR. Page 7 of 15 B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a review by the LOCAL AGENCY'S FINANCE DIRECTOR of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by the LOCAL AGENCY will excuse the CONSULTANT from full and timely performance, in accordance with the terms of this contract. ARTICLE XV SUBCONTRACTING A. The CONSULTANT shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the LOCAL AGENCY'S Contract Manager, except that, which is expressly identified in the approved Cost Proposal. B. Any subcontract in excess of $25,000 entered into as a result of this contract. shall contain all the provisions stipulated in this contract to be applicable to subcontractors. C. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's Contract Manager. ARTICLE XVI EQUIPMENT PURCHASE A. Prior authorization in writing, by the LOCAL AGENCY's Contract Manager shall be required before the CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in the CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by the LOCAL AGENCY's Contract Manager; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this contract is subject to the following: "The CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, the CONSULTANT may either keep the equipment and credit the LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit the LOCAL AGFNI CY in an amount equal to the sales price. IF the CONSULTANT elects to keep the equipment, fair market value shall be determined at the CONSULT.=ENT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutuall} agreeable to by the LOCAL AGENCY" and the CONSC"LTANT. if it is determined to sell the equipment. the terms and conditions of such sale must be approved in adx ancc by the LOCAL AGENCY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5000.00 is credited to the project. D. All subcontracts in excess $25,000 shall contain the above proti inions. Page 8 of 15 ARTICLE XVII INSPECTION OF WORK The CONSULTANT and any subcontractor shall permit the LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis. ARTICLE XVIII SAFETY A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions issued by the LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. The CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper. ARTICLE XIX INSURANCE A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to LOCAL AGENCY, 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 insurance policy. for owned, non -owned, and hired vehicles, 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 CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT in Subparagraph A above. shall also meet the following requirements: 1. Except for professional liability insurance. the insurance policies shall be endorsed for contractual liability and personal injure. 2. Except for professional liability insurance. the Insurance policies shall prow ide in their text or shall be specifically endorsed to name the LOCAL AGENCY. its officers. agents. employees. and Page 9 of 1 volunteers, as additionally named insureds under the policies, and to provide that the insurance shall be primary with respect to any insurance or coverage maintained by LOCAL AGENCY and shall not call upon LOCAL AGENCY's insurance or coverage for any contribution. 3. CONSULTANT shall provide to LOCAL AGENCY's Project Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) text from the insurance policies or the endorsements as specified in Subparagraph B(2). 4. 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 ten (10) days written notice to LOCAL AGENCY's Project Manager. 5. If the insurance is written on a Claims Made Form, such policy shall be retroactive to, or prior to, the effective date of this Agreement, and CONSULTANT shall maintain the same policy in effect for a period ending not than less than five years following termination of this Agreement. CONSULTANT shall also continue to provide LOCAL AGENCY with Certificates of Insurance evidencing the insurance coverage required herein, and showing the retroactive date required herein, for five years after substantial completion of services. If coverage is canceled or non -renewed, it shall be replaced with another claims -made policy form with a retroactive date of or prior to the effective date of this Agreement, or else CONSULTANT must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the LOCAL AGENCY Attorney. C. If it employs any person, CONSULTANT 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 CONSULTANT and LOCAL AGENCY against all liability for injuries to CONSULTANT's officers and employees. D. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the LOCAL AGENCY's Risk Manager and the LOCAL AGENCY Attorney. At LOCAL AGENCY's option, the deductibles or self-insured retentions with respect to LOCAL AGENCY shall be reduced or eliminated to LOCAL AGENCY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. ARTICLE XX OWNERSHIP OF DATA A. Upon completion of all work under this contract, ownership and title to all reports, documents. plans, specifications, and estimates produce as part of this contract will automatically be vested in the LOCAL AGENCY: and no further agreement will be necessar} to transfer ownership to the LOCAL AGENCY. The CONSt`LTANT shall furnish the LOCAL AGENCY all necessary copies of data needed to complete the ret iew and approval process. B. It is understood and agreed that all calculations, drawings and specifications. whether in hard copy or machine-readable form. are intended for one-time use in the construction of the project for which this contract has been entered into. C. The CONSULTANT is not liable for claims. liabilities. or losses arising out of. or connected with the modification, or misuse by the LOCAL AGENCY of the machine-readable information and data Page 10 of I provided by the CONSULTANT under this agreement; further, the CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by the CONSULTANT. D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be included in the Agreements as appropriate. E. The LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. F. Anv subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. ARTICLE XXI CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR A. If claims are filed by the LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from the CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with the LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT's personnel that the LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the CONSULTANT's personnel services under this agreement. C. Services of the CONSULTANT's personnel in connection with the LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this agreement in order to resolve the construction claims. D. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. ARTICLE XXII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to the LOCAL AGENCY's operations, which are designated confidential by the LOCAL AGENCY and made available to the CONSULTANT in order to carry out this contract. shall be protected by the CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion. or public hearing held b} the LOCAL AGENCY relating to the contract. shall not authorize the CONSULTANT to further disclose such information. or disseminate the same on an, other occasion. C. "File CONSULTANT shall not comment publicly to the press or anN other media regarding the contract or the LOCAL AGENCY's actions on the same. except to the LOCAL AGENCY's staff. Page I l of 1> CONSULTANT's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. The CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the LOCAL AGENCY, and receipt of the LOCAL AGENCY'S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. F. All information related to the construction estimate is confidential, and shall not be disclosed by the CONSULTANT to any entity other than the LOCAL AGENCY. ARTICLE XXIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, the CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the CONSULTANT within the immediately preceding two-year period, because of the CONSULTANT's failure to comply with an order of a federal court that orders the CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXIV EVALUATION OF CONSULTANT The CONSULTANT's performance will be evaluated by the LOCAL AGENCY. A copy of the evaluation will be sent to the CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record. ARTICLE XXV STATEMENT OF COMPLIANCE The CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2. California Administrative Code, Section 8103. ARTICLE XXVI DEBARMENT AND SUSPENSION CERTIFICATION A. The CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension. debarment, voluntary exclusion, or determination of ineliQibilit} by any federal agency: has not been suspended. debarred. voluntarily excluded. or determined ineligible by any federal agency within the past three (3) years: does not have a proposed debarment pending: and /las not been indicted. convicted. or had a civil judgment rendered against it by a court of competent jurisdiction in an} matter involing fraud or official misconduct �,�ithin the past three (3) years. Any exceptions to this certification must be disclosed to the LOCAL. AGENCY. B. Exceptions xNill not necessarily result in denial of recommendation for a\\ard. but «ill be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions appl\. initiating agency. and dates of action. Page 12 of 15 ARTICLE XXVII STATE PREVAILING WAGE RATES A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 177, and all federal, state, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article. ARTICLE XXVIII CONFLICT OF INTEREST A. The CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow. B. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. C. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. D. The CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with the CONSULTANT will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint -ownership, or otherwise. E. Except for subcontractors whose services are limited to providing surveying or materials testing information, no subcontractor who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. ARTICLE XXIX REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed: or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. ARTICLE XXX NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail. return receipt requested. postage prepaid. and addressed as follows: CONSULTANT: Coastland Engineering Page 13 of 1 Paul Wade, Project Manager 1400 Neotomas Ave Santa Rosa, CA 95405 LOCAL AGENCY: City of San Rafael Nader Mansourian, Contract Manager 11 1 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 ARTICLE XXXI AGREEMENT The two parties to this agreement, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this agreement constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this agreement as evidenced by the signatures below. ARTICLE XXXII NON-DISCRIMINATION CLAUSE During the performance of this Agreement, CONSULTANT and its subconsultantss shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONSULTANT and subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. ARTICLE XXXIII NO THIRD PARTY BENEFICIARIES LOCAL AGENCY and CONSULTANT do not intend, by anti provision of this Agreement. to create in any third party. any benefit or right owed by one party, tinder the terms and conditions of this Agreement, to the other party. ARTICLE XXXIV COSTS AND ATTORNEY'S FEES The pretiailing 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 attorne}'s fees expended in connection Ni ith such action. Page 14 of 15 ARTICLE XXXV LOCAL AGENCY BUSINESS LICENSE / OTHER TAXES CONSULTANT shall obtain and maintain during the duration of this Agreement, a LOCAL AGENCY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. LOCAL AGENCY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided LOCAL AGENCY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). ARTICLE XXXVI SIGNATURES CITY OF SAN RAFAEI, C,oastland Engineering By. - y r NADER 1VMANSOURIAN Public Works Director Title: - e ATTEST: —Y � a . @`f`,STHER C. BEIRN`E City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN ai City Attorney Pa,=e I? o£ 1 The City of San Rafael'eJGmee B. Davidson Middle School Safe Routes to 0ohmm| (SRTS) Project was approved for funding through Cycle 3 of the federally ksoio|otad GRTS program. The principle goals of this project one to improve the safety of students as they travel to and from school and tmencourage the use ofnon-motorized transportation. This project pnopoaeaho accomplish this by eliminating gaps in sidewalks and installing traffic signage, striping and other safety improvements that will both improve pedestrian safety and enhance the pedestrian experience. The project location is characterized byindustrial uses with wide, poorly defined driveways, erratic parking and large truck traffic. These factors combined with the gaps in existing oidevvo|ko oneaba an unfriendly pedestrian environment. By filling in the gaps in the sidewalks and installing well defined and limited driveways, pedestrians will have a better understanding of where to expect vehicles. This will not only reduce the potential for vehicle/pedestrian conflicts, but will provide for ebetter experience for all users. San Rafael City Schools and the City ofSan Rafael are active participants inthe countywide Mahn Safe Routes to Qchmm| Program. Acitywide task force ofparents, school administrators, Public Works staff and |Gvv enforcement officials reviewed dozens of potential SRTS Cycle 3 project candidates from all eight participating schools and selected this proposed pjectaen/ing Davidson Middle School as San Rofoe[atop priority. This project haobeendooumentedvvithin the Davidson Middle School Travel plan since 2OO8. Specifically, we understand the project improvements will include: Installation of 4 to 5 foot wide gidevvm|hs on both aides of Lindoro Street between Woodland Avenue and Andersen Drive toeliminate the existing sidewalk gaps in this area and tolimit the widths ofdriveways. Widening the sidewalk along the south side of Undoro Gtn*mt to O feet between Jordan Street and Andersen Drive. Installation of comprehensive school zone pavement merkinga, high visibility signage and installation ofradar speed limit feedback signsto improve driver awareness and reduce speeds. Installation of a barrier fence along the median in Andersen Drive to ensure that pedestrians using the Mahon {}naek pathway cross the street at the signalized intersection. Removal of parking adjacent to the crosswalk on Limdaro Street adjacent to Albert Perk Lane to improve Aowith many other similar projects that wehave been involved in, weunderstand that the design of these improvements will need to comply with the Americans with Disabilities Act (ADA), the California Manual of Uniform Traffic Control Devices (CAJMUTCC)\. Federal Safe Routes to School Cycle 3 Guidelines and the Caltrans Local Procedure Manual. One consequence of these requirements will be that existing pedestrian curb nannpe within the project area will need to be upgraded to current standards. From our field review of the project area it is apparent that several ofthe businesses along UndaroStreet will lose parking as a result of the proposed improvements. Providing clear information to the owners of these businesses regarding the need for these improvements as well as working with them to minimize the impacts totheir business will beokey element tm the success ofthis project. We understand the City desires to complete construction by February of 2014. Coeat|ond has provided a proposed schedule illustrating Unneb completion ofproject toaho and we will xvodx closely with the City to meet your scheduling goals. To implement this project, the City of San Rafael Department of Public Works is seeking the services of qualified engineering consultant to design these improvements. The consultant will act as an extension of City staff to provide sun/eying, civil and traffic engineering, required Caltrans documentation, environmental compliance and other necessary services toprepare the construction documents and obtain approval through Caltrans. The selected consultant will work closely with the City's Department of Public Works staff to ensure that the construction documents are consistent with the City's goals and o6iectivea, make certain that all federal grant requirements are adhered to and see this project to a ounoeoofu| completion. , �� � 8� �������� ^ �� J -u C}ur approach to this project will include two major phases. The first phase will involve detailed studies and research of multi -modal conditions. These initial studies will present recommendations for improving travel near Davidson Middle School for bikes, pedeotriana, autos and transit. The second phase will involve public outreach and input from project stakeholders to implement the recommendations for improvements defined in Phase 1. We have reviewed the Scope of Work contained in the City's RFP and prepared the hd|oxvng detailed approach which expands upon the City's Scope of Work. CoaeUand will perform all required contract rnonagernerd services necessary to meet the project goals. We will perform in-house quality control and quality assurance(QA/QC) throughout the design process, including review by senior staff. The QA/QC effort will also include review of work products from our subconsultants. We will begin this project with a kick-off meeting with City staff to discuss project detai|o, establish goa|s, review the project schedule and coordinate efforts. In an effort to keep the City appraised of the project progress we will provide the City with monthly design status reports detailing project milestones. Updates to the design schedule will be provided as required. \8Aewill also participate infrequent conference calls as necessary. Included in this task will be one (1) project kick-off / pre -design meeting to discuss project goals and coordination efforts and three (3) progress design review meetings. We will assemble all of the available City information pertaining to the project including as - built drawings, benchmark infomnotimn, utility infonn@tion, base nmapS, right - data, existing structural sections and any additional pertinent iOfo[rn3doO for the project. We will also request contact information of any other public or private individua|o. groups or organizations that could provide additional insight into issues pertaining to this project and site-specific local issues/needs particular tothe project anea. Coaet|and has already conducted a preliminary site review for the purpose of preparing this proposal. [Jur 0ma| is to further analyze existing site characteristics through another site review, observing general site conditions and identifying any unusual or potential issues which may affect the project design or construction. Our team has already taken digital photos of the site. These photos and any additional photos taken during site visits will become part of the project photo log provided to the City. Coastland's subconsultant, W -Trans, a certified DBE/UDBE firm, will provide traffic engineering services. They will perform the following services as part of Task 2: Preliminary Studies & Research - A field survey of the area will be performed, including obtaining any measurements needed and noting locations and condition of existing signing and striping. Existing underground streetlight or other existing electric utilities will be located as necessary for the radar feedback sign installation design. Photographs will be taken to support efficient design activities. Traffic Operation & Safety Analysis Report - An evaluation of existing conditions will be performed based on the field review, photographs, and available plans to determine any options to the improvements as shown on the "Safe Route to School Improvement Plan for Davidson Middle School" that might increase the benefit in terms of pedestrian or bicyclist safety, traffic operation, visibility of traffic control devices, reduced conflict points, etc. The proposed and/or planned improvements will be evaluated to ensure that they are consistent with applicable standards, including the Americans with Disabilities Act (ADA) and the California Manual on Uniform Traffic Control Devices (CA-MUTCD). The analysis performed as well as any alternative or additional measures will be described in a technical memorandum which would also include graphic presentations as appropriate. Deliverables: Traffic Operations & Safety Analysis Repot Utility Verification - Coastland will use the photographs taken during our site review for future reference and documentation of current utility field conditions encountered. We will write letters to PG&E, AT&T, cable television, water and sewer districts, informing them of the project and requesting their facility drawings to ensure that all existing facilities, both underground and overhead, are identified accurately during the design phase. Utility base maps and improvement plans will be obtained from the utilities and incorporated into the design drawings. Utility Coordination — After preliminary engineering and layout is completed, we will follow up with each utility provider by preparing submittal packages to each so they can verify the accuracy of their facilities and provide comments. During design we'll evaluate potential conflicts with existing utilities and provide recommendations on relocations. However, we understand from the PES that utility relocations are not part of this project and will be completed by the utilities as part of a separate project. While our proposed services do not include the coordination of relocations with the utilities, we can provide those services as an optional task if desired. )�, Utility Coordination Letters Based onthe findings in the Multi -Modal Analysis and Traffic Safety & Operations Analysis described in Task 2, alternatives for improving operation for all modes of travel will be developed. Our euboonaultant. Cinquini and Paaaahno, will conduct the topographic survey. At a minimum, the topographic survey will include all necessary work to produce o topographic mmop, including features such as, but not limited to building corners and elevations, curb |inee, water nnetena, sewer o|eanouto, valves, manholes (including rinn, invert and pipe inforrn@iion\, utility markings on the pexennent, utility po|eo, driveway and doorway |uoobono, oidewa|ke, trees mix (8) inches and |arQer, retaining vvo||a or decorative vva||g' and any other pertinent information that could affect design ofthe improvements. Mapping of these areas will extend from the roadway centerline to 25 feet behind the proposed aidevva|h, vvheno access is available. Mapping will also extend along the streets 50 feed beyond the |irniba of the proposed improvements. Mapping will also include Anderson Drive from Lindarm Street to a point approximately 200 feet east. � Map and AutoCAD Vmg^format a/oYinch =2Ofeet l�A �23 _'V�(���T/�J\L . ' Following our n rneetnQ, field review, preliminary studies and reaearch, ud|dv coordinatimn, survey and traffic analyses, we will begin the conceptual design of the improvements. Coast|and will prepare conceptual plans of the oudJ, gutter, eidevva|h, driveways and pedestrian ramp improvement locations. VV -Trane will prepare plans for the striping, signing, and radar feedback sign. The Conceptual Design submittal will include three (3) sets of full-size plans. All o|ene will be prepared using AutoCAD 2009 or a more recent version. �, Deliverables: 35% Plans CoasUGndwill strive b3tailor this project bJthe community's unique setting, history, and culture through an active public participation process. For this project, o meaningful public outreach process is critical in order to prepare a community-based design that considers stakeholder concerns such aoparking impacts. Fo||ovvO8 the conceptual design and through the insight and direction by City staff, our team will incorporate and address CVDlOOUnih/ concerns through the preparation Of iDfOnD@tiOD8| the design. The meetings will help explain the need for the improvements and gather |000| information about needs, concerns, and recommendations. We will work with City staff to establish the date, time and location for the nneetngo, prepare agendas and other materials to be distributed to participants, present information through PowerPoint mrsuch other means as the City deainae. take notes, and acquire consensus on individual elements and/ora specific alternative. CoastGnd and VV-TransviU prepare informational flyers and meeting notices along with an agenda. This proposal assumes the City will provide the nnaaUng space and will reproduce and distribute meeting flyers and notices to all affected residents and interested parties. Notes from each of the meetings will beprovided to staff, along with recommendations for individual elements oro specific alternative to be selected as the preferred alternative. Our team will plan to attend one public hearing at either the Planning Commission or City Council to help present the preferred alternative and explain how it was developed. The public hearing is included within the three (3) meetings proposed within our scope of work. � and public outreach materials media only) and notes and compilation ofcomments from public meetings. —�5 i3���T�4} Based on feedback from public meetings and City review of the conceptual design submittal, we will prepare a 65% submittal. The plans will include details for all improvements. The technical specifications, federal provisions for meeting funding requirements and front end specifications will be in draft form. We are assuming the City will provide us with the City's standard boiler plate bid documents and general provisions. Plans and cost estimates will be developed using City forrnat, as well as applicable Caltrans Standard Plans and Marin County standard details and special provisions for the traffic and pedestrian facility improvements. The 65% submittal will include three (3) sets of full size p|ans, technical and front end specifications and an engineer's cost estimate. � 65% Plans and Cost Estimate FO||Ovvng the review of the 65% submittal, 8596 documents will be prepared. The project design will essentially be complete for this submittal. We will provide a 9596 submittal to the City for a final review prior to producing the final bid documents. The 95Y6 submittal will include three (3) sets of full size p|mno, technical and front end specifications and on engineer's cost estimate. � 95%PS&E F!4 i%L���k��(���00�F��� Upon final City review we will provide one(1)set of unbound stamped and signed drawings on 22"x34" paper, specificationsand estimate ( suitable for reproduction.The final submittal will incorporate all comments from previous reviews. An a|eotnznio copy (originals and PDF) ofthe drawings and specifications will also baprovided. Based on the Preliminary Environmental Study (PES) and our review of the project, we anticipate that the project will qualify as a Categorical Exclusion (CE) with Required Technical Studies under NEPA. Ginmi|adv, we expect that the City will also find the project to be Categorically Exempt under CE{]/\. Consequently, our scope ofservices does not include the preparation of an Initial Study/Negative Declaration or an Environmental Assessment and is limited to the preparation of the identified baohnioo| memoranda. Hovvever, we would be glad to amend our scope of services to include preparation of those environmental documents should they befound tobenecessary. 'A 4 4�'��� We understand that the City will be preparing the Technical Memoranda for Equipment Traffic Handling, Hazardous Materials, and the Location /forhau&c Study & Summary Floodplain Encroachment Report. CoaaUand and VVRAvvi|| prepare the following technical memoranda or special studies. Memoranda will include a discussion of each topic to encompass existing oonditiona, project impacts and mitigation meoaunao (if needed) and will beprepared inaccordance with Caltrans LAPK8. a) N/ah9r Coeadand and VVRA will prepare a water qum|kv nlmnno including Best Management Practices (BK8ps) in accordance with the Local Assistance Procedures Manual (LAPK8). We will provide guidelines and requirements to be used during construction to prevent impacts to water quality in the project area. This will include a description ofhow to prevent silt and construction debris from entering the storm drain /uana|. b) Biological Resources: VVRAvvU| prepare technical memoranda on biological resources (including water qum|Ux/BMPe and construction staging access) for submission to Caltrans in accordance with Chapter 6, "Environmental Procedures," of the LAPM. VVR\ will aeeeoe habitat conditions and compile information needed for the Biological Technical Memorandum (BTM) and to evaluate potential hnoocta for CEQA. Prior to m site visit by biologists, the COFG Natural Diversity Database (CNDOB). the California Native Plant Society (CNP8) datab3se, and the USFVV8 Marin County species list will be reviewed to determine potential special -status species that could occur in the project area. Other |OC@| and regional plans, policies, and ordinances will also be reviewed. VVFA will use this background information toprovide focus during the site assessment visit. WRA will conduct a site assessment visit to determine: (1) habitat types present within the project area, (2) special -status plant and wildlife species that may be present in the project area, and (3) presence of sensitive habitats subject to regulation by special jurisdictions such as wetlands and riparian areas. The project area will be traversed on foot, habitat features will be mapped, and plant and wildlife species encountered will be recorded. Suitable habitat for special -status plant and wildlife species will be mapped and recorded. Surrounding land use will also be noted to supplement site specific information. If any special -status species are observed, they will be reported in the findings and their location(s) will be identified on a map. Potential use of the site by special -status species will be evaluated based on habitats present, their condition, and proximity of any records of occurrence found in the preliminary focus study. Additional focused studies are not expected, however WRA will provide a summary if any additional data critical to the project is needed following the site visit. WRA will prepare one draft BTM report that presents the results of the site assessment in the standard Caltrans and Federal Highways Administration (FHWA) format. The BTM report will summarize findings from the literature review and site visit and will address the quantity and type of habitats and/or special -status species to be impacted (permanent, temporary, direct, indirect, and cumulative impacts). Sensitive habitat and/or species avoidance and minimization measures appropriate to the project will also be described. Water quality (BMPs) and construction staging and access will also be evaluated and recommendations for location of these important project components to avoid biological resources as well as traffic safety considerations will be provided. The BTM will provide impact avoidance/minimization recommendations and mitigation measures for all unavoidable impacts. WRA will prepare the final BTM that will incorporate comments from the City and/or Caltrans. Interim drafts for review by the City and/or Caltrans are also included under this subtask. c) Relocation Impacts: Coastland will prepare the relocation impacts memorandum in accordance with the Caltrans LAPM. We assume no right-of-way acquisition will be required. d) Community Impacts: Coastland will address parking removal, driveway and sidewalk alterations through a series of public outreach meetings. Coastland will prepare the community impacts memorandum in accordance with Caltrans standards. Our team is very qualified to provide the necessary services to assist the City in obtaining environmental clearance through Caltrans in accordance with Chapter 6 of the LAPM. If significant and unavoidable impacts are identified in these studies, an Initial Study (IS) will be required by Caltrans. If desired, we can submit a scope of work and fee to include any additional environmental services such as preparation of an Initial Study. Deliverables: Preliminary and final environmental technical memoranda for submittal to Caltrans by the City. The foUmvvnQ work is not included in our proposal. Hovvever. Comatand would be o|aoeed to provide these services if the City desires: Meetings beyond those noted above. Preparation of an Initial Study (IS) Utility potholing. Geotechnical investigation. 8VVPPPprepanadmn. Utility relocation efforts RiQht-of-woydetermination orpreparation ofassociated documents. Public participation effort beyond that noted above. Distribution and reproduction ofbid documents. Bid assistance Record drawings. Landscape Architecture (Upon request from the City, we would be happy hmprepare a revised proposal to include these services, which would baperformed by WRA). Construction management and inspection oen/iueo (Upon request from the City, we would bmhappy tmprovide aproposal for these ae/viceu).