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.
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;,-: ,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