HomeMy WebLinkAboutCC Resolution 10755 (General Plan 2020 Noise)RESOLUTION NO. 10755
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN
A PROFESSIONAL SERVICES AGREEMENT WITH CHARLES M. SALTER
ASSOCIATES TO ASSIST WITH THE PREPARATION OF BACKGROUND
INFORMATION AND WITH POLICY DEVELOPMENT PERTAINING TO
THE NOISE ELEMENT IN SAN RAFAEL GENERAL PLAN 2020
AND RELATED DOCUMENTS (P00-7)
(Term of Agreement from January 16, 2001 and ending on December 31, 2002 — may be
continued an additional period of three months with approval of City Manager)
WHEREAS, the City of San Rafael has commenced a community process for the update of the
San Rafael General Plan, now called General Plan 2020; and,
WHEREAS, consultant assistance is needed to provide assistance with the noise element; and,
WHEREAS, the firm of Charles M. Salter Associates has the experience and expertise to perform
such services, having the extensive experience in California with noise issues as well
as with policy development regarding noise impacts, and having ably served as noise
consultant for General Plan 2000.
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
Charles M. Salter Associates, a copy of which is attached, to work with City staff to
provide the noise element assistance for San Rafael General Plan 2020, in an amount
not to exceed $29,280.
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 16°i day of January, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEM 3ERS: None
ABSENT: COUNCILMEMBERS: None _
ASS
JE E M. LEON INI, City Clerlc
ORIGINAL. jojss
AGREEMENT FOR PROFESSIONAL SERVICES
WITH CHARLES M. SALTER ASSOCIATES TO PROVIDE PRFESSIONAL PLANNING
SERVICES TO ASSIST WITH THE PREPARATION OF BACKGROUND
INFORMATION AND WITH POLICY DEVELOPMENT PERTAINING TO THE NOISE
ELEMENT IN SAN RAFAEL GENERAL PLAN 2020
AND RELATED DOCUMENTS (P00-7)
This Agreement is made and entered into this 16th day of January, 2001 by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and Charles M. Salter Associates, 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 the noise
element professional services in connection with this Project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
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A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Community Development Director 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. Harold Goldberg, P.E. 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
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CONTRACTOR shall perform the duties and/or provide services as outlined in Exhibit
"A" attached and incorporated herein.
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 $29,280,
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 January 16, 2001 and end on December 31,
2002. 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 (3 0) days written notice mailed or personally delivered to the other party.
S. 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 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 the amount of 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 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.
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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, 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.
12. 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.
13. COMPLIANCE WITH ALL LAWS.
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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.
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: Bob Brown, Community Development Director
Project Manager
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
or, as applicable:
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: Harold Goldberg, P.E.
Charles M. Salter Associates
130 Sutter Street
San Francisco, CA 94104
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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 deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
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20. COSTS AND ATTORNEY'S FEES.
The prevailing parry 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 94-2461528, 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:
JE M. LEf
GARY T.
City Clerk
I�
City Attorney
CONTRACTOR
By: f}�
Name: N(►✓,,1� ls-�l��t'
Title: Vf K( e#J
(Revised 6/99)
ATTACHMENT A
C h a r l e s M S a l t e r A s s o c i a t e s I n c
APPROACH AND WORK PROGRAM
FOR THE SAN RAFAEL NOISE ELEMENT 2020
CHARLES M. SALTER ASSOCIATES
SCOPE OF WORK
We understand that our role in this project is to assist staff in the preparation of
background reports and all support information for the noise element and associated
environmental documentation. We envision our work to primarily involve technical
support (e.g. existing and future noise data policies and ordinances related to noise, that
determine impacts as per the requirements of the California Environmental Quality Act).
Our work program is based on the City's request for proposal and subsequent discussions
with city staff and the EIR consultant.
The following summarizes our specific scope of work for each of the outlined tasks:
Assist staff in preparation of background reports:
A. Perform up to eight continuous 24-hour measurements and sixteen short-term 15 -
minute measurements to quantify existing noise levels throughout the community.
• This information would also be useful in determining noise levels from
many sources such as: traffic, aircraft over -flights, quarry trucks, mixed-
use developments and the ambient along the Northwestern Pacific
Railroad right-of-way. Measurement locations will be chosen to avoid
duplicating recent noise measurements conducted for other studies. During
the measurements we would also compile information on the location of
noise sensitive receptors.
Based on the results from our measurements, we would prepare the
environmental setting section for the EIR and General Plan.
Review recent studies of noise levels in San Rafael. These studies would
be provided by the City and could include subjects such as US 101
widening, the quarry, the airport and the Noise Ordinance development.
B. Assist staff in preparation of General Plan policies and draft Noise Ordinance:
• Review existing general plan policies and recommend modifications as
needed to correspond to identified changes in the city's noise
environment.
• Review the draft Noise Ordinance for correlation with noise element
policies.
C. Assist staff in preparation of administrative and draft EIR:
• We will calculate future noise levels based on available traffic volume
information provided by the city.
• Noise conditions would be summarized in tables of contour distances in 5
decibel decrements to 60 dB for major roadways in the city.
130 Sutter Street San Francisco Calitorn a 94104 Te.: 415 397 0442 Fax: 415 397 0454
C h a r l e s M Salter Assoc f a t e s I n c
• We will assist the staff in the development of significance criteria for
compliance with CEQA, as well as identifying any significant impacts and
mitigation measures.
• We would summarize our findings in a letter/report that could be used as
the basis for the impact and mitigation section.
D. Assist staff in preparation of the final EIR:
• We will be available to respond to public comments on the draft EIR.
• We are available or attend a public hearing on the draft EIR.
BUDGET
We plan to work in accordance to the attached Terms and Conditions sheet. Based on our
experience with this type of work, we estimate our fees as follows:
Rates
Alan Rosen Vice President....................................................................................... $185/hr
Harold Goldberg Principal Consultant..................................................................... $160/hr
Robert Alvarado Senior Consultant.......................................................................... $125/hr
Tim McLain Consultant............................................................................................ $110/hr
Task
A. Background report
• Measurements
• Existing Noise Contours
• Setting section of DEIR
B. General Plan policy/ordinance
C. Administrative/Draft EIR
• Future Noise Conditions
• Criteria/Impact/Mitigation Measures
D. Final EIR
• Response to Comments
• Public Hearings
SCHEDULE
Hours Rates Fee
20
$160/hr
$3,200
20
$125/hr
$2,500
24
$125/hr
$3,000
30
$160/hr
$4,800
6
$185/hr
$1,110
16
$160/hr
$2,560
24
$125/hr
$3,000
30
$160/hr
$4,800
6
$185/hr
$1,110
16
$160/hr
$2,560
4
$160/hr
$640
Total
$29,280
We expect to complete task A on, or before, March 1, 2001. We will provide assistance
for the City's policy workbook on, or before, April 1, 2001. The schedule for the
remainder of our work can be developed at a later date.
130 Sutter Street San Franc sco Californla 94104 Tel: 415 397 0442 Fax 415 397 0454
Charles M Salter Associates Inc
TERMS AND CONDITIONS
Insurance:
General Liability
Workers Compensation
Automobile Liability
$2,000,000
$1,000,000
$2,000,000
Professional Liability ("Errors and Omissions"): Professional liability of Charles M. Salter
Associates, Inc. (CSA), its officers, employees and subconsultants is limited to $50,000, or our
total fee, whichever is less. The above limitation of professional liability can be changed to the
limit of our insurance policies by increasing our total fee by 10% prior to start of our services.
Schedule of Hourly Rates
President, Senior Vice -President,
Vice -President, Director $185.00
Principal Consultant $160.00
Senior Consultant $125.00
Consultant $110.00
Technical Assistant $75.00
Reimbursable expenses such as travel, subsistence, meals, lodging and project related materials
are billed in addition at cost. Measurement instrumentation and engineering computer usage are
charged at our standard rates.
Invoices for technical labor, reimbursable expenses, and instrumentation use are rendered
monthly for work performed during the previous month. Payment for each invoice is due within
30 days.
Fee proposals are valid for 60 days. The total fee will be applied as we deem appropriate among
the individual tasks. All fees assume the work will proceed without delays, redesign or scope
changes. Such occurrences may warrant a renegotiation of fees. The schedule of hourly rates is
valid for one year from the proposal date. A renegotiation of our hourly rates may be required
after this period.
CSA specifications input and details have all rights reserved by Charles M. Salter
Associates, Inc. These documents are for use only on the project for which Charles M. Salter
Associates, Inc. is retained. It is the project architect's and engineer's responsibility to coordinate
and verify the suitability of all specifications input and details as appropriate for the project.
Site visits and observations, if any, conducted by our firm relate only to our work. We are not
responsible for the safety of others at the job site.
130 Sutter Street San Francisco California 94104 Tel. 415 397 0442 Fax: 415 397 0454