HomeMy WebLinkAboutCC Resolution 11400 (General Plan Transportation Section Prep)RESOLUTION NO. 11400
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES
AGREEMENT WITH CCS PLANNING AND ENGINEERING INCORPORATED TO PREPARE
THE TRANSPORTATION AND CIRCULATION SECTION OF THE ENVIRONMENTAL
IMPACT REPORT FOR THE DRAFT GENERAL PLAN 2020 (P03-02)
(Term of Agreement from August 18, 2003 and ending on June 30, 2004 — may be continued an
additional period of three months with approval of City Manager)
WHEREAS, the City of San Rafael has commenced work on the Environmental Impact Report for
the draft General Plan 2020; and,
WHEREAS, consultant assistance is needed to provide assistance with analysis and evaluation of
circulation impacts, including auto, bicycle, pedestrian and transit; and,
WHEREAS, the firm of CCS Engineering and Planning has the experience and expertise to
perform such services, having extensive experience in preparing transportation
and circulation sections for EIRs throughout California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it
hereby authorizes the City Manager to sign a Professional Services Agreement with
CCS Planning and Engineering, a copy of which is attached, to work with City staff
to provide assistance with the transportation and circulation section for the
Environmental Impact Report for San Rafael General Plan 2020, in an amount not to
exceed $13,640.
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 18'11 day of August, 2003, by the following vote, to wit:
AYES: COUNCILMEM3ERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEM 3ERS: None
ABSENT: COUNCILMEMBERS: Phillips
JEANNE M. LEONC'INI, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
WITH CCS PLANNING AND ENGINEERING, INC.
TO PROVIDE PROFESSIONAL PLANNING SERVICES
TO ASSIST WITH THE PREPARATION OF THE TRANSPORTATION AND
CIRCULATION SECTION OF THE ENVIRONMENTAL IMPACT REPORT
FOR SAN RAFAEL GENERAL PLAN 2020 (P03-02)
This Agreement is made and entered into this 18`h day of August 2003 by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CCS Planning and
Engineering, Inc., a California corporation (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that professional environmental services are
required to assist staff with the preparation of the environmental impact report for the San
Rafael General Plan 2020; and,
WHEREAS, the CONTRACTOR has offered to render certain specialized
transportation and circulation professional services in connection with this Project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The Principal Planner 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. Wayne Shijo 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.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as outlined in
Exhibt "A" attached and incorporated herein.
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3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the
duties as follows: provide appropriate technical data as needed for background information,
development of general plan policies and completion of the environmental impact report;
oversee coordination between CONTRACTOR and other environmental consultants and
appropriate CITY staff; and, give adequate notice of required public meetings.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR,
CITY shall pay CONTRACTOR as described in Exhibit "A," in a total amount not to
exceed $13,640, attached and incorporated herein. Payment will be made monthly upon
receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall commence on August 18, 2003 and end on June
30, 2004. Upon mutual agreement of the parties, and subject to the approval of the City
Manager, the term of this Agreement shall be extended for an additional period of three
months.
6. 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 fifteen
(15) days written notice mailed or personally delivered to the other party, and the notified
party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of
the party giving such notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Agreement without the prior
written consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of 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.
7. 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
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property of CITY. CITY may use said property for any purpose, including projects not
contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, 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.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement
nor the performance of any of their respective obligations hereunder, without the prior
written consent of the other party, and any attempt to so assign this Agreement or any rights,
duties or obligations arising hereunder shall be void and of no effect.
10. INSURANCE.
A. During the 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 10. 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 contractual liability and personal injury;
3. Except for professional liability insurance, the insurance policies
shall be specifically endorsed to include the CITY, its officers, agents, employees, and
volunteers, as additionally named insureds under the policies.
4. CONTRACTOR shall provide to City's Risk Manager, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, its officers, agents, employees, and volunteers, as additional
named insureds under the policies.
5. The insurance policies shall provide that the insurance carrier shall
not cancel, terminate or otherwise modify the terms and conditions of said insurance policies
except upon thirty (30) days written notice to City's Risk Manager.
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive 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 City's Risk Manager and the City
Attorney. At CITY's option, the deductibles or self-insured retentions with respect to
CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall
procure a bond guaranteeing payment of losses and related investigations, claims
administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its
officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss,
liability or expense of any kind, including attorney's fees and administrative costs, to the
extent arising out of or resulting 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."
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12. NONDISCRINIINATION.
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.
13. 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, ordinances, codes or
regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to
create in any third party, any benefit or right owed by one party, under the terms and
conditions of this Agreement, to the other party.
15. NOTICES.
All notices and 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: Linda Jackson, Principal Planner
Community Development Department
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Wayne Shijo, Associate Principal
CCS Planning and Engineering, Inc.
3841 North Freeway Boulevard, Suite 290
Sacramento, California 95834
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16. 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.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the
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 CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written
amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified
except by a written amendment to this Agreement signed by the CONTRACTOR and the
CITY.
E. If any conflicts arise between the terms and conditions of this Agreement,
and the terms and conditions of the attached exhibits or the documents expressly
incorporated by reference, the terms and conditions of this Agreement shall control.
18. 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.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to
be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any
subsequent breach or violation of the same or other term, covenant, condition, ordinance,
law or regulation. The subsequent acceptance by either party of any fee, performance, or
other consideration which may become due or owing under this Agreement, shall not be
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deemed to be a waiver of any preceding breach or violation by the other party of any term,
condition, covenant of this Agreement or any applicable law, ordinance or regulation.
20. 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.
21. 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 94-312-9455, and CONTRACTOR
certifies under penalty of perjury that said taxpayer identification number is correct.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day, month and year first above written.
CITY OF SAN RAFAEL
ROD GOULD, City Manager
ATTEST:
A
Ji I NEE M. LEONCW, City Clerk
CORY T' RAG0F1IAN f, City Attorney
CONTRACTOR
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EXHIBIT A
August 8, 2003
CCS 132-03
Ms. Linda Jackson
City of San Rafael
Community Development Department
1400 Fifth Avenue
San Rafael, CA 94915-1560
CCS
PLANNING AND ENGINEERING
I N C 0 R P 0 R A T E D
3841 North Freeway Boulevard, Suite 290
Sacramento, California 9S834
9161646-5650 • Fax 9161646-S651
email: SAC[ccsoffice.com
Subject: Administrative Draft EIR for San Rafael General Plan 2020 Circulation: Sectio:
Dear Ms. Jackson:
Thank you for the opportunity to submit this proposal to prepare a Transportation and Circulation
section of an environmental impact report (EIR) for the proposed City of San Rafael General
Plan. I appreciate your contacting CCS Planning and Engineering regarding this project. This
letter transmits a description of our understanding of the project, the services we propose to
provide to the City of San Rafael, and our estimate of the cost for providing these services.
Project Understanding
After our meeting on Monday August 4, 2003, it is our understanding that the City of San Rafael
has just completed the draft General Plan 2020 and will be preparing the EIR for the General
Plan. The City is seeking qualified professionals to prepare various sections of the
Administrative DEIR. The purpose of hiring professionals who have expertise with the various
elements is to ensure the analyses prepared for the proposed General Plan meet the requirements
of the California Environmental Quality Act (CEQA). The target date for completion of the
ADEIR is October 15, 2003.
CCS was approached by the City to prepare this proposal for preparing the Transportation and
Circulation section of the ADEIR. The section would be prepared using the approach identified
in the following tasks. The objective would be to use the Circulation section of the Draft General
Plan, which has already been prepared by City staff, to write an EIR section that ensures the
analysis approaches, findings, and recommendations presented in the General Plan meet the
requirements of CEQA. For example, CCS will ensure the Circulation section clearly identifies
project -related impacts and mitigation measures, distinguishing the impacts and mitigation
measures associated with the proposed project from impacts and mitigation measures associated
with changes in background traffic conditions.
T R A N 5 P 0 R T A T 1 0 N • I
Ms. Linda Jackson City of San 1
August 8, 2003
Page 2
CCS
PLANNING AND ENGINEERING
IVIIUI I N C D R P D R A T E D
The City is in the process of completing intersection and roadway analyses. Analysis in the
General Plan consists of 132 intersections and 32 arterials. CCS will use Level of Service (LOS)
and delay, which has been prepared by the City's Traffic Engineer, in the Transportation and
Circulation section of the ADEIR.
The City will complete its analyses of intersections and roadways by the end of August. The
Marin County Congestion Management Agency (CMA) has data for the U.S. 101 freeway. The
City will collect all necessary data from the CMA and provide the data to CCS for inclusion in
the ADEIR.
Site Visit
CCS' project manager and project planner will participate in a reconnaissance visit with City staff
to examine key areas of the City's circulation network. The purpose of the project site visit will
be to gather any necessary information, which may include, for example, roadway condition and
roadway geometrics.
CCS' project manager and project planner will participate in a second visit with City staff to
examine technical data used in the analysis and results presented in the General Plan. The
purpose of this second site visit is to gain a better understanding of the process used to develop
traffic forecasts for Baseline (existing conditions plus traffic associated with approved, but not
yet completed, projects) and Cumulative conditions. This second visit would also include
reviewing policies identified in the General Plan.
Transportation and Circulation Section of the EIR
CCS will prepare the Transportation and Circulation section of the ADEIR, based on data and
analysis presented in the City of San Rafael General Plan 2020. The Transportation and
Circulation section of the ADEIR will be prepared using an outline or template provided by the
City. CCS will submit the completed EIR section, in hard copy and electronic formats, to City of
San Rafael for inclusion in the ADEIR.
This proposal assumes CCS will not collect any new data and will not prepare any new
quantitative analyses. All quantitative analyses are assumed to be prepared by the City and
would be provided to CCS within the next two weeks. CCS will include in the Transportation
and Circulation section of the ADEIR, all necessary quantitative assessments of up to two
alternatives to the proposed project. CCS also assumes all quantitative data for the alternative
analyses would be provided by the City. From our meeting on Monday, CCS assumes the two
alternatives to the proposed General Plan will be the following:
■ General Plan 2000- the current adopted General Plan, and
■ General Plan 2020 Low- the proposed General Plan at a lower development density.
Ms. Linda Jackson - City of San h 1� CCS
August 8, 2003 PLANNING AND ENGINEERING
Page 3 �!lIIIHIIV�1�1 1 N C 0 R P 0 R A T E 0
CCS will prepare qualitative assessments of potential impacts to bicycle and pedestrian facilities,
and potential impacts of the Sonoma Marin Area Rail Transit (SMART) rail line.
CCS will reference figures in the Transportation and Circulation section, but it is our
understanding that City staff will be creating all graphics for the ADEIR. The figures would
include graphics presenting the City's roadway network under existing and future conditions.
CCS would also reference graphics that would include traffic volumes, and possibly mitigation
measures. The exact number and content of figures will be discussed with City staff.
Our understanding is a draft setting section for the Transportation and Circulation section of the
EIR is available, and is approximately 75% complete. This proposal also assumes copies of both
the currently adopted General Plan and the proposed draft General Plan 2020, and the draft
setting section will be made available to CCS in both hard copy and electronic format.
Responses to City Staff Comments
CCS will provide the City's Community Development staff with the opportunity to review the
Transportation and Circulation section of the ADEIR prior to completion of the final ADEIR
section being completed. This proposal assumes the City's Community Development
Department will have one consolidated set of comments on the draft Transportation and
Circulation section. A final version of the ADEIR Transportation and Circulation section would
include revisions based on the Community Development Department's comments, and would be
completed by October 15, 2003.
Meeting
CCS' project manager and project planner will participate in one meeting to present and discuss
the Transportation and Circulation section of the EIR. CCS will be available to attend additional
meetings under a contract amendment.
Cost Estimate
We estimate the cost of providing the services described above to be $13,640. Enclosed is a
table that presents a description of our estimated costs for each of the tasks described above.
The enclosed cost estimate does not include preparation of responses to public comments on the
EIR. However, CCS will be available to provide this service under a contract amendment.
Ms. Linda Jackson — City of San h I CCS
August S, 2003 �f/{�,��� PLANNING AND ENGINEERING
Page 4 Illlil El 1 N C 0 R P 0 R A T E D
Closing
Thank you again for the opportunity to work with the City of San Rafael. I look forward to
working with you on the General Plan EIR project. For your convenience, I have attached our
statement of qualifications. Included are resumes, a summary of similar projects, and references.
If you have any questions, or would like any additional information, please call me at 646-5650.
Sincerely,
CCS Planning and Engineering, Inc.
Wayne Shijo
Associate Principal
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PRODUCER 0641361 1-650-369-5900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Professional Practice Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
A Hilb, Rogal and Hamilton Co. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
10 California Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Redwood City CA 94063 I INSURERS AFFORDING COVERAGE
Reno Caldwell
INSURED IINSURERA:Fidelity and Guaranty Insurance Company
CCS Planning and Engineering, Inc.
IINSURER B:;Lumbermens Mutual Casualty Company
800 Charcot Avenue, Suite 100 IINSURER C:St. Paul Mercury Insurance Company
San Jose, CA 95131-2211 IINSURER D:Greenwich Insurance Company
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
ITR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDO1YY1I DATE (MMmniwl LIMITS
A GENERAL LIABILITY BX01475500 07/01/03 07/01/04 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Any one fire) $ 1,000,000
ICLAIMS MADE Fx] OCCUR I MED EXP (Any one person) $ 10,000
_ IPERSONAL&ADV INJURY $1,000,000
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I PRODUCTS - COMP/OP AGG I S 2, 000, 000
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X HIRED AUTOS
BODILY INJURY I $
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GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
ANY AUTO
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AUTO ONLY: AGG $
A EXCESS LIABILITY
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07/01/03
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EACH OCCURRENCE $5,000,000
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D Professional Liability
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Annual Aggregate 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
All operations of the named insured.
Professional Liability is written at aggregate limits of liability not leas than the amount shown.
Project: General Plan Update EIR Transportation Section
CERTIFICATE HOLDER I
City of San Rafael
Comm. Dvlp. Dept.
Linda Jackson
1400 Fifth Ave.
San Rafael, CA 94915-1560
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DATE THEREOF, THE ISSUING INSURER WILL EX4LfX9WV4MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, dUf3AX=9X5Z1M0 SHALL
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NAME OF INSURED: CCS Planning and Engineering, Inc.
*The insurer's policy payment obligations are backed by a cut -through to National Indemnity Company, an A++ rated
Berkshire Hathaway subsidiary.
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