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HomeMy WebLinkAboutCC Resolution 11955 (Bicycle Project Design Study; Pasisi Associates)RESOLUTION NO. 11955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING THE SCOPE OF SERVICES AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO AN AGREEMENT WITH PARISI ASSOCIATES TRANSPORTATION CONSULTING FOR PROFESSIONAL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $30,000 TO DESIGN AND STUDY THE BICYCLE PROJECTS OUTLINED IN THE SAN RAFAEL BICYCLE AND PEDESTRIAN PLAN SHORT-TERM PROJECTS. WHEREAS, on February 4, 2002 the City Council Resolution number 11010, approved the San Rafael Bicycle and Pedestrian Plan, and specific bicycle improvements are listed in the plan; and WHEREAS, July 18, 2005 the City Council adopted Resolution number 11807 authorizing the Director of Public Works to submit and carryout proposals and grants to the Bay Area Air Quality Management District to implement the San Rafael Bicycle and Pedestrian Plan; and WHEREAS, staff applied for a grant to implement the short —term bicycle projects listed in the Bicycle and Pedestrian Plan, and the Bay Area Air Quality Management District approved a grant to implement the Bicycle and Pedestrian Plan for the amount of $150,000; and WHEREAS, construction of the project requires outside professional engineering services for the design; and WHEREAS, staff received a proposal from Parisi Associates Transportation Consulting for professional traffic engineering services for the project, in an amount not to exceed $30,000; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Scope of Services for Parisi Associates Transportation Consulting. is accepted and the Director of Public Works is hereby authorized to execute an Agreement, subject to the approval of the City Attorney. BE IT FURTHER RESOLVED that the City Council does hereby authorize the Public Works Director to take all necessary actions and make changes as may be necessary to accomplish the purpose of this resolution. 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 Council of said City on the 15th day of May, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None r -.5g JEANNE M. LEONCINI, City Clerk File No.: 18.12.04 AGREEMENT FOR PROFESSIONAL SERVICES TO DESIGN BICYCLE FACILITIES AS OUTLINED IN THE SAN RAFAEL BICYCLE AND PEDESTRIAN MASTER PLAN SHORT-TERM PROJECTS. This Agreement is made and entered into this 8`h day of June, 2006, by and between the CITY OF SAN RAFAEL (hereinafter "CITY',), and Parisi Associates Transportation Consulting (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that consulting services are required to conduct a countywide safe routes to school educational program; and WHEREAS, the CONTRACTOR has offered to render certain specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. 2. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Engineer is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. David Parisi 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 outlined in the Proposal from CONTRACTOR dated April 24, 2006, marked Exhibit "A", attached hereto, and incorporated herein by this reference. The CONTRACTOR agrees to be available and perform the work specified in this agreement in the time frame as specified and as shown in Exhibit "A". 4. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 5. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "A". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. is complete. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project 7. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. Agreement • 2 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. 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. ASSIGNABILTY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 11. INSURANCE A. During the term 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 for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 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 CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractural liability and personal injury; Agreement • 3 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. Agreement • 4 13. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 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, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 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 parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Mr. Andrew J. Preston, (Project Manager) City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: David Parisi, P.E. Parisi Associates Transportation Consulting 58 Alta Vista Avenue Mill Valley, CA 94941 Agreement • 5 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 all prior agreements, oral or written, regarding the subject matter between the CONTRACT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 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 checks or other amounts. 20. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by Agreement • 6 the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 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 (including claims administration) and attorney's fees expended in connection with such action. 22. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 521177029. and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 23. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL 0 ATTEST: City tClerk CONTRACTOR Parisi Associates Transaortation Consulting By: Title:P- APPROVED AS TO FdRM: i r City Attorney., 1 Agreement • 7 SHE RZER & ASSOC INS 351 3 RD AVE SAN RAFAEL, CA 94901 415-472-1010 Policy number: 01746491-4 Underwritten by Un.ted Fnanc al Casualty Company Lne 29, 2006 Page 1 of 1 Certificate of Insurance Certif'cate Holder Insured Agent ..................................................................................................................................................................... .. .. .. .. .. CITY OF SAN RAFAEL, DEPT OF DAVID PAR'S. SHERZER & ASSOC INS PUBLIC WORKS 58 ALTA VISTA AVE 351 3RD AVE PO BOX 151560 MILL VALLEY, CA 94941 SAN RAFAEL, CA 9490' SAN RAFAEL, CA 94915 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations. endorsements, and conditions of these policies. .............................................................................................................. . Policy Effedive Date: Jun 7, 2006 Policy Expiration Date: Jun 7, 2007 Insurance coverage(s) Emits .................................................................................................................................................................... Bodily Injury/Property Damage $1,000,000 Combined Single Limit .......................................................................................................................................................... Uninsured/Un....derinsured Motorist $100,000/$300,000 Description of Location/Vehicles/Special Items Scheduled autos only ............................................................................................................................................. 2006 BMW 5301 WBANE73546CM37351 Stated Amount $51,520 Comprehensive $500 Ded Collision $500 w/Waiver Ded Certificate number 18006EON491 Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. Form 5241 (10/02) INSURANCE FR0PA jq,7g 7fffjYE Customer Service 800-444-4487 800-556-0014 (fax) Mailing address Progressive Group of Insurance Companies P.O. Box 94739 Cleveland, OH 44101-4739 Thursday, June 29, 2006 1:12:02 PM Total Number of Pages:02 Requested policy documents To: NADER Fax number: 1-415-485-3334 Message: CERTIFICATE OF INSURANCE FOR 01746491-4 r� Parisi A S S O C 1 A,_ S EXHIBIT "A" transportation consulting" 58 Al.t-a Vista Avenue Mill Valley, CA 94941 pIn 415.388.8978 f : 415.276.4173 Nader Mansourian, Traffic Engineer City of San Rafael, Public Works 111 Morphew Street San Rafael, CA 94915-1560 Subject: San Rafael Bicycle Signing Dear Mr. Mansourian: April 24, 2006 Pursuant to your request, Parisi Associates has developed a work plan to assist the City of San Rafael in identifying locations for potential installation of Class III bicycle route signing and Class II bicycle lanes. Our proposed work plan consists of the following tasks. Task 1. Meet with City to Identify Priority Locations In this initial task, we will meet with representatives from the City to discuss the roadway segments identified in the "short-term" priority list. We will agree on those routes that should be surveyed and the priority of the surveys. The surveys will be prioritized to enable signing needs to be identified for the highest prioritized routes first since we will be identifying locations for signs based on a cost per sign. The City will prepare a GIS map of all priority roadway segments and provide hardcopy topographical mapping of all bikeway corridors. No additional meetings will be provided as a part of the project, besides the meeting discussed above. Products: Prioritized list of Class II and III roadway segments. Task 2. Identify Field Locations for Sign Installation After development of the prioritized locations list, we will conduct field reviews along each of the routes to identify locations where Class III signs should be installed and Class II routes could be provided. We will mark up the hardcopy topographic maps provided by the City to identify sign installation locations. We will also mark the locations using paint in the field. We will code the sign locations on the maps and will create a supplemental spreadsheet cataloging the sign locations and installation instructions (e.g., use new pole, install on existing pole, etc.). During our field reviews, we will also note existing Class II and III signs that may need to be replaced with newer standardized signs, or existing signs that conform to present standards but should be replaced due to other factors. This information will also be provided on the hardcopy maps and spreadsheet. EXHIBIT ".A" For budgeting purposes, we have estimated that up to 100 sign installation locations will be: - identified. It is assumed that one sign will be installed every 1,500 feet along bicycle routes in each direction, so that up to 75,000 lineal feet of bicycle routes can be identified for route sign installation. Products: Marked up topographical map identifying sign installations and spreadsheet_ Schedule and Budget We will complete Task 1 within two weeks of notice to proceed. We will plan to complete Task 2 within one month of completing Task 1. Our estimated budget for Tasks 1 and 2 is shown below. Estimated Budget Engineer Assoc. Admin. Expense Task ($145) ($100) ($65) Labor Costs Costs Totals 1. Meet with City 4 0 0 $580.00 $50.00 $630.00 2. Identify Sign Installation 50 50 12.5 $13,062.50 $1,250.00 $14,312.50 Locations * Totals 124 167 59 $13,642.50 $1,300.00 $14,942.50 * Note: We have estimated that each sign installation location in Task 2 will require 0.5 hours of Engineer time, 0.5 hours of Associate time, 0.125 hours of Administration time, and $12.50 of expenses. In Closing We look forward to working with you on this project. If you have any questions, please give me a call at 388-8978. Sincerely, David Parisi, PE Prinicipal PariSiASSOCIA ES transportation consulting` 58 ALt-a Vista Avenue Mill Valley, CA 94941 ph:415.388.8978 f : 415.276.4173 Nader Mansourian, Traffic Engineer City of San Rafael, Public Works 111 Morphew Street San Rafael, CA 94915-1560 Subject: San Rafael Bicycle Signing Dear Mr. Mansourian: 91.1. PtE1�rlur='� I J00S I-; - ;,-: ,F:01:�� April 24, 2006 Pursuant to your request, Parisi Associates has developed a work plan to assist the City of San Rafael in identifying locations for potential installation of Class III bicycle route signing and Class II bicycle lanes. Our proposed work plan consists of the following tasks. Task 1. Identify Field Locations for Sign Installation We will conduct field reviews along each of the routes to identify locations where Class III signs should be installed and Class II routes could be provided. We will mark up the hardcopy topographic maps provided by the City to identify sign installation locations. We will also mark the locations using paint in the field. We will code the sign locations on the maps and will create a supplemental spreadsheet cataloging the sign locations and installation instructions (e.g., use new pole, install on existing pole, etc.). During our field reviews, we will also note existing Class II and III signs that may need to be replaced with newer standardized signs, or existing signs that conform to present standards but should be replaced due to other factors. This information will also be provided on the hardcopy maps and spreadsheet. For budgeting purposes, we have estimated that up to 100 sign installation locations will be identified. It is assumed that one sign will be installed every 1,500 feet along bicycle routes in each direction, so that up to 75,000 lineal feet of bicycle routes can be identified for route sign installation. Products: Marked up topographical map identifying sign installations and spreadsheet. Schedule and Budget We will complete Task 1 within two months of notice to proceed. Our estimated budget for Task 1 is shown below. Estimated Budget Engineer Assoc. Admin. Expense Task ($145) ($100) ($65) Labor Costs Costs Totals 1. Identify Sign Installation 50 50 12.5 $13,062.50 $1,250.00 $14,312.50 Locations Totals 50 50 12.5 $13,062.50 $1,250.00 $14,312.50 * Note: We have estimated that each sign installation location in Task 2 will require 0.5 hours of Engineer time, 0.5 hours of Associate time, 0.125 hours of Administration time, and $12.50 of expenses. In Closing We look forward to working with you on this project. If you have any questions, please give me a call at 388-8978. Sincerely, 67 1� David Parisi, PE Prinicipal