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HomeMy WebLinkAboutCC Resolution 10004 (Engineering & Survey Services)RESOLUTION NO. 10004 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 CSW/STUBER- STROEH ENGINEERING GROUP INC. FOR CIVIL ENGINEERING AND SURVEY SERVICES IN AN AMOUNT NOT TO EXCEED $26,300 FOR THE DESIGN OF A PORTION OF INTERIM TRAFFIC OPERATIONAL IMPROVEMENTS IN EAST SAN RAFAEL. WHEREAS, on January 20, 1998, City Council held a public hearing to review a traffic operational analysis of the Bellam Boulevard corridor and environs which identified potential short-term and long-term solutions and recommended four (4) traffic operation improvements and an interim solution to improve traffic flow and increase capacity in the East San Rafael Area; and WHEREAS, on January 20, 1998, City Council certified a Negative Declaration for the project to be in compliance with CEQA and hereby adopted findings that the project would not create significant environmental impacts. WHEREAS, construction of the project requires outside professional engineering services for the design of the project; and WHEREAS, staff received a proposal from CSW/Stuber-Stroeh Engineering Group Inc. for civil engineering and survey services and staff recommended approval of the proposal. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Scope of Services for CSW/Stuber-Stroeh Engineering Group Inc is accepted and Council does hereby authorize the Public Works Director to enter into Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group Inc. for d a `x civil engineering and survey services, in a form approved by the City Attorney and in an amount not to exceed $26,300 for the design of a portion of the interim traffic operational improvements in East San Rafael. 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 20th day of January, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: COHEN, HELLER, MILLER & VICE -MAYOR PHILLIPS NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: MAYOR BORO JEA E1VI. LE CI�TII Cid Clerk 1pwserver.users\engineeringlmattn\public works\traffic division\east san rafael\city council\professional services csw resolution.doc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into this 20th day of January 1998, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSW/Stuber-Stroeh Engineering Group Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that traffic engineering consulting services are required to design a portion of the interim traffic operational improvements in East San Rafael (hereinafter "PROJECT").; and WHEREAS, the CONTRACTOR has offered to render certain specialized professional traffic engineering 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. Don Curry 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 follows; the CONTRACTOR agrees to provide professional services as a Civil Engineering Consultant to design civil improvements plans, specifications, and estimates associated with the installation of three new traffic signals, including, but not limited to, roadway widening, curb relocation, utility relocation, and surveying, which constitutes a portion of the interim traffic operational improvements for East San Rafael, as outlined in the Proposal from CONTRACTOR dated December 17, 1997, 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"and "B" 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 parry. 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. David M. Bernardi (Project Manager) City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Mr. Don Curry (Project Director) 790 De Long Avenue Novato, CA 94945 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 terns 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 the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. Agreement • 6 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 &B-0215177— , 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 City Manager Director of Public Works ATTEST: koe City Clerk i APP D RM: City Attorne , / CONTRACTOR By: Title: fires&',44o.� 1\pwserver\users\engineering\mattn\public works\traffic division\east san rafael\agreements\csw civil design.doc Agreement • 7 CSW [std, Date: December 17, 1997 File: 4.1017.00 Mr. Nader Mansourian, P.E. Traffic Engineer City of San Rafael 1400 Fifth Ave. San Rafael, CA 94915-1560 790 De Long Avenue, Novato, CA 94945 (415) 892-4763 FAX: (415) 892-4502 CSW/Stuber-Stroeh Engineering Group, Inc. RE: EAST SAN RAFAEL IMPROVEMENTS Dear Nader: As per my discussions with you and Paul Olsen of DKS Associates, we have prepared a proposal to provide civil engineering services to you for the East San Rafael Improvement Project. This phase of the project involves modification of three intersections including possible roadway widening, curb relocation, utility relocation, and traffic signal installation. The three intersections are: A. Shoreline Parkway and East Francisco Blvd. B. Irene Street and East Francisco Blvd. C. Irene Street and Kerner Blvd. Also involved with this project is right-of-way investigation and location as it relates to the I-580 freeway. The following is a scope of services outlining the items of work we will provide for this project. I. SCOPE OF SERVICES A. Utilitv Investigation CSW/St2 will compile information from the various utility companies and coordinate the field locations and possible relocation of any affected utility. B. Survey CSW/St2 will perform a field survey of the three intersections extending 200 feet in each direction from the center of each intersection. The entire length of Irene Street will be surveyed. Included will be the locations of existing curbs, catch basins, utilities, stripping, fencing, landscaping, traffic signals and limits of paving. Control will be based on existing control points in the vicinity of Bellam Avenue. F \DATA\WP50,4\C0R\12.17-97 017 Civil Engineers - Land Planners - Surveyors Mr. Nader Mansourian City of San Rafael December 17, 1997 Page 2 CSW (Sil",� C. Base Maps CSW/St2 will prepare base drawings which will include all information compiled through existing records and field work. Drawings will be on AutoCAD Ver. 12 format. CSW/St' will provide DKS Associates with AutoCAD files for their use in preparation of their traffic signal design. D. Desien CSW/St2 will prepare grading and drainage plans in conformance to the City of San Rafael's requirements. Plans shall include finish elevations for curbs, pavement high and low points, lot lines and easements. Any storm drain and/or sanitary sewer main relocations shall be performed on an individual basis. E. Right of Way CSW/Stz will investigate the location of the right-of-way along I-580 and advise the City of possible conflicts with Caltrans. F. Specifications CSW/St2 will provide the City with the necessary specifications for the required site work. G. Cost Estimate CSW/St2 will provide a probable construction cost estimate of the site work for the City's use. II. SCHEDULE CSW/St2 is prepared to proceed with the work immediately upon receipt of written authorization to proceed. III. FEES A. Utility Investigation $ 1,800. B. Survey 7,000. C. Base Maps 5,000. D. Design 10,200 E. Right -of -Way 1,000 F. Specifications 1,000 G. Cost Estimate 300. $ 26,300. MATAMPOWCOM12-17-97 017 Mr. Nader Mansourian City of San Rafael December 17, 1997 Page 3 CSW Ist)'",� If you have any questions regarding this proposal, please call so we may discuss them. Thank you for the opportunity to continue our involvement with the City and we are looking forward to working on another successful project with you. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. l Don Curry DC:hsc FIDATAMPOWCOM12-17-97 017