HomeMy WebLinkAboutPW Francisco Blvd Multi-Use Path DesignSAN RAFAEL Agenda Item No: 5.e
THE CITY WITH A MISSION Meeting Date: January 17, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin, City Manager Approval:
Director of Public Works
File No.: 16.01.284
TOPIC: FRANCISCO BOULEVARD WEST MULTI -USE PATHWAY DESIGN AND ENVIRONMENTAL
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING +
DESIGN FOR THE ENVIRONMENTAL AND CONCEPTUAL DESIGN OF THE FRANCISCO
BOULEVARD WEST MULTI -USE PATHWAY- SECOND TO ANDERSEN DRIVE, IN THE
AMOUNT OF $246,410; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FUNDING AGREEMENT WITH THE TRANSPORTATION AUTHORITY OF MARIN FOR THIS
PROJECT.
RECOMMENDATION: Adopt the resolution.
BACKGROUND: The Sonoma Marin Area Rail Transit District (SMART) is moving forward with its Larkspur
Extension project, which will extend the rail service from downtown San Rafael to Larkspur Landing.
SMART has completed their 30% plan set and is planning to utilize a design build firm to finalize the
design and construct the improvements. SMART is planning to initiate the design build contract in early
2017. Construction is planned to commence in August 2017.
SMART's Larkspur extension project does not include a multi -use pathway parallel to the rail line. The
City's Bicycle and Pedestrian Advisory Committee (BPAC) has received comments from the public noting
that it is possible to install a multi -use pathway parallel to the tracks from Second Street to Andersen
Drive. In the fall of 2015, the County of Marin received a grant from the Transportation Authority of
Marin (TAM) to determine if a pathway could be installed adjacent to the rail from Second Street to Rice
Drive. The County hired transportation consultants Alta Planning and Design to conduct a feasibility
study. On July 18, 2016, Alta presented their draft report to the San Rafael City Council and finalized
their report on August 22, 2016. They indicated that construction of a pathway is possible parallel to the
proposed rail tracks, while noting implementation challenges related to environmental issues and right
of way constraints. The resolution of these specific issues will be addressed during the development of
the conceptual plan. The county's study also reviewed the possibility of a pathway from Second to Rice
only. The section from Rice to Andersen was not studied but has similar challenges related to an
existing ditch and possible right-of-way constraints.
FOR CITY CLERK ONLY
File No.: 4-3-637 x 245 x 170
Council Meeting: 01/17/2017
Disposition: Resolution 14265
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Design of the pathway was included in the 2016/17 Capital Improvement Program, presented to the City
Council on June 6, 2016, but without adequate funding at that time. It is being initiated now because
TAM provided design funding in response to requests from the public through the City's Bicycle and
Pedestrian Advisory Committee. With SMART about to initiate full design and construction on this
segment of track, the intent is to seize the opportunity to design and simultaneously include
construction of a multi -use path.
On November 2, 2016 TAM announced the availability of $250,000 in One Bay Area Grant (OBAG 2)
funding for this project. In the fall of 2016, the City released a Request for Proposals (RFP) for design
and engineering firms to prepare conceptual plans, environmental clearance documents and
construction level plans for the proposed pathway project from Second Street to Anderson Drive.
ANALYSIS: In response to the RFP, Public Works received one proposal, from Alta Planning + Design on
October 26, 2016. The proposal was evaluated by City staff based on criteria specified in the request
including, but not limited to, understanding of the work to be done, previous experience with similar
projects, qualified personnel, and familiarity with City standards and the local area. Because Alta's initial
budgetary proposal exceeded available funding, staff met with firm representatives to discuss what
could be accomplished with the limited budget. Alta refined their proposal, primarily by eliminating the
development of construction drawings. The proposed Resolution would approve an agreement with
Alta for the limited project; a contract amendment will be necessary should additional funding become
available and the decision is made to complete construction drawings. A possible source of funds to
complete the environmental and design work is the $1 million planned to be allocated to this project
through the Metropolitan Transportation Commission.
Also attached for Council approval is the TAM funding agreement required for the OBAG 2 grant,
available in Fiscal Year 2017, which will fund the Alta professional services agreement.
FISCAL IMPACT: The referenced design project is listed in the City's 2016/17 Capital Improvement
Program (CIP) as a 2017/18 and 2018/19 project. The proposed $246,410 for engineering design
services by Alta Planning and Design is included in the overall project budget.
The following tables summarize funding sources and expenses:
FUNDING SOURCES
Project Funding Sources Allocation
OBAG 2 Funding
EXPENSES
$250,000
Amount I Notes
Environmental & Conceptual Design 1 $246,410* I Alta Planning and Design
*The excess funding ($250,000-$246,410 = $3,590) will be allocated to the next phase of this project
which is the development of the construction level plans.
OPTIONS:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
1. Adopt the resolution approving and authorizing the City Manager to sign a professional services
agreement with Alta Planning + Design in an amount not to exceed $246,410, and the funding
agreement with the Transportation Authority of Marin for the project.
2. Do not accept the proposal from Alta Planning + Design and direct staff to reissue the RFP. This
option will delay this project.
3. Do not accept the proposal from Alta Planning + Design and provide further direction to staff.
4. Do not authorize the City Manager to execute the funding agreement with the Transportation
Authority of Marin for the project. This option will delay development of this project.
ACTION REQUIRED:
1. Adopt the resolution approving and authorizing the City Manager to execute a professional
services agreement with Alta Planning + Design in an amount not to exceed $246,410, and
authorizing the City Manager to execute the funding agreement with the Transportation
Authority of Marin.
ATTACHMENTS:
1. Resolution
2. Proposed Alta Planning + Design Agreement (Exhibit 1 to Resolution)
3. TAM Agreement A-FY17-23 (Exhibit 2 to Resolution)
4. Proposal updated December 21, 2016 (Exhibit A to Proposed agreement)
RESOLUTION NO. 14265
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ALTA PLANNING + DESIGN FOR THE ENVIRONMENTAL AND CONCEPTUAL DESIGN
OF THE FRANCISCO BOULEVARD WEST MULTI -USE PATHWAY- SECOND TO
ANDERSEN DRIVE, IN THE AMOUNT OF $246,410; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FUNDING AGREEMENT WITH THE TRANSPORTATION
AUTHORITY OF MARIN FOR THIS PROJECT.
WHEREAS, the County of Marin hired Alta Planning + Design to develop a
feasibility study to determine whether a Multi -Use pathway could be installed from Second Street
to Rice Drive parallel to the proposed Sonoma Marin Area Rail Transit tracks; and
WHEREAS, on August 22, 2016 Alta Planning + Design finalized their report
indicating that it is possible to install a Multi -Use pathway from Second Street to Rice Drive; and
WHEREAS, City staff has determined that design and environmental services
will be required for the installation of a Multi -Use pathway from Second Street to Andersen
Drive which parallels the SMART rail tracks; and
WHEREAS, staff received a single proposal on October 2, 2016 from Alta
Planning + Design in response to the City's Request for Proposals for this project; and
WHEREAS, staff has reviewed the proposal from Alta Planning + Design and
found it to be complete and within industry standards; and
WHEREAS, on November 2, 2016 the Transportation Authority of Marin (TAM)
notified the City Staff that local One Bay Area Grant (OBAG 2) funding is available for this
project in the amount of $250,000; and
WHEREAS, the initial proposal from Alta Planning + Design exceeded the
amount of OBAG 2 funding available; and
WHEREAS, on December 21, 2016 Alta Planning + Design resubmitted their
proposal with a revised scope to cover the environmental clearance and concept design
development; and
WHEREAS, there are sufficient OBAG 2 resources for the revised scope
submitted by Alta Planning + Design for this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
San Rafael hereby approves and authorizes the City Manager to execute a Professional Services
Agreement between Alta Planning + Design and the City, in the form attached hereto as Exhibit
"1" and incorporated herein by reference, subject to final approval as to form by the City
Attorney, in an amount not to exceed $246,410.
BE IT FURTHER RESOLVED that the City Council of the City of San Rafael
hereby approves and authorizes the City Manager to execute TAM Agreement A-FY17-23 in the
form attached hereto as Exhibit "2" and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
take any and all such actions and make changes as may be necessary to accomplish the purpose
of this resolution.
I, ESTHER C. BEIRNE, 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 17`h day of January 2017, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No.: 16.01.284
AGREEMENT FOR PROFESSIONAL SERVICES WITH
ALTA PLANNING + DESIGN, INC. FOR THE
FRANCISCO BLVD WEST MULTI -USE PATHWAY — SECOND ST TO
ANDERSEN DR PROJECT
ARTICLE I INTRODUCTION
%N
A. This Agreement is entered into as of the /7 day of 1 -i -a K u u .c f , 2017, by and between the
following named business entity, hereinafter referred to as CONSULTAT, and the following named
public agency, hereinafter referred to as, LOCAL AGENCY:
The name of the CONSULTANT is as follows: ALTA PLANNING + DESIGN. INC.
The Project Manager for the CONSULTANT will be MICHAEL JONES.
The name of the LOCAL AGENCY is as follows: CITY OF SAN RAFAEL
The Contract Manager for the LOCAL AGENCY will be BILL GUERIN, Public Works Director.
B. The work to be performed under this Agreement is described in Article II entitled Statement of Work
and the approved CONSULTANT's "Scope of Work (Revised Dec. 15, 2016)" submitted to LOCAL
AGENCY on December 16, 2016 (hereafter sometimes referred to as the "Scope of Work").
C. Except as otherwise provided in Subparagraph B above, CONSULTANT shall, to the fullest extent
permitted by law, indemnify, release, defend with counsel approved by LOCAL AGENCY, and hold
harmless LOCAL AGENCY, its officers, agents, employees and volunteers (collectively, the
"LOCAL AGENCY Indemnitees"), from and against any claim, demand, suit, judgment, loss,
liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other
costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance
of its obligations or conduct of its operations under this Agreement. The CONSULTANT's
obligations apply regardless of whether or not a liability is caused or contributed to by the active or
passive negligence of the LOCAL AGENCY Indemnitees. However, to the extent that liability is
caused by the active negligence or willful misconduct of the LOCAL AGENCY Indemnitees, the
CONSULTANT's indemnification obligation shall be reduced in proportion to the LOCAL AGENCY
Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the
acceptance or approval of the CONSULTANT's work or work product by the LOCAL AGENCY or
any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's
indemnification obligations. In the event the LOCAL AGENCY Indemnitees are made a party to any
action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or
operations under this Agreement, CONSULTANT shall provide a defense to the LOCAL AGENCY
Indemnitees or at LOCAL AGENCY'S option reimburse the LOCAL AGENCY Indemnitees their
costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.
D. Where the services to be provided by CONSULTANT under this Agreement are design professional
services to be performed by a design professional as that term is defined under Civil Code Section
2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and
hold harmless the LOCAL AGENCY Indemnitees from and against any CLAIMS that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the
performance of its duties and obligations under this Agreement or its failure to comply with any of its
obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence
or willful misconduct of LOCAL AGENCY.
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E. The defense and indemnification obligations of this Agreement are undertaken in addition to, and
shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall
survive the termination or completion of this Agreement for the full period of time allowed by law.
F. The CONSULTANT and the agents and employees of CONSULTANT, in the performance of this
agreement, shall act in an Independent Contractor capacity and not as officers or employees or agents
of the LOCAL AGENCY.
G. The LOCAL AGENCY may terminate this agreement with CONSULTANT should CONSULTANT
fail to perform the covenants herein contained at the time and in the manner herein provided. In the
event of such termination, the LOCAL AGENCY may proceed with the work in any manner deemed
proper by the LOCAL AGENCY. If the LOCAL AGENCY terminates this agreement with the
CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due the CONSULTANT
under this agreement prior to termination, unless the cost of completion to the LOCAL AGENCY
exceeds the funds remaining in the Agreement. In which case the overage shall be deducted from any
sum due the CONSULTANT under this agreement and the balance, if any, shall be paid the
CONSULTANT upon demand.
H. Without the written consent of the LOCAL AGENCY, this agreement is not assignable by
CONSULTANT either in whole or in part.
I. No alteration or variation of the terms of this Agreement shall be valid, unless made in writing and
signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be
binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all
of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem,
unless otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
A. CONSULTANT Services: The CONSULTANT's approved "Scope of Work (Revised Dec. 15,
2016)" submitted to LOCAL AGENCY on December 16, 2016, is attached hereto marked Exhibit A
and incorporated by reference. If there is any conflict between Exhibit A and this Agreement, this
Agreement shall take precedence.
ARTICLE III CONSULTANT'S REPORTS AND/OR MEETINGS
A. The CONSULTANT shall submit progress reports with the progress invoice. The report should be
sufficiently detailed for the Contract Manager to determine if the CONSULTANT is performing to
expectations, or is on schedule; to provide communication of interim findings;, and to sufficiently
address any difficulties or special problems encountered, so remedies can be developed.
B. The CONSULTANT's Project Manager shall meet with the LOCAL AGENCY's Contract Manager,
as needed, to discuss progress on the Agreement.
ARTICLE IV PERFORMANCE PERIOD
A. This Agreement shall go into effect upon execution by both parties, and the CONSULTANT shall
commence work after notification to proceed by the LOCAL AGENCY'S Contract Manager. The
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Agreement shall end upon completion of the work to the satisfaction of the LOCAL AGENCY'S
Contract Manager.
B. The CONSULTANT is advised that any recommendation for Agreement award is not binding on the
LOCAL AGENCY until the Agreement is fully executed and approved by the LOCAL AGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The LOCAL AGENCY will reimburse the CONSULTANT based on a time and materials basis with
a maximum "not to exceed" fee as set forth in the CONSULTANT's Project Budget attached hereto
as part of Exhibit A, and incorporated herein, as being the maximum cost to perform all work. The
Project Budget fee shall include all direct costs and overhead such as, but not limited to,
transportation, communications, subsistence and materials, and any subcontracted items of work.
B. The CONSULTANT will not be reimbursed for actual costs (direct or overhead costs) that exceed the
approved Agreement value as provided in Subparagraph A above, unless additional reimbursement is
provided for by Agreement amendment. In the event that the LOCAL AGENCY determines that a
change to the work from that specified in the Agreement is required, the Agreement time and or
actual costs reimbursable by the LOCAL AGENCY shall be adjusted by Agreement amendment to
accommodate the changed work.
C. Progress payments will be made monthly based on actual hours, hourly costs, and support service
costs charged to the project. Progress payments will only be processed upon receipt of itemized
invoice and progress report submitted to the LOCAL AGENCY. If CONSULTANT fails to submit
the required deliverable items according to the schedule set forth in Exhibit A, the LOCAL AGENCY
shall have the right to delay payment and/or terminate this Agreement in accordance with the
provisions of Article VI Termination.
D. No payment will be made prior to approval of any work, nor for any work performed prior to
approval of this Agreement.
E. The CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by
the LOCAL AGENCY's Contract Manager of an itemized invoice. Invoices and progress reports
shall be submitted no later than 45 -calendar days after the performance of work for which the
CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each
project as applicable. Invoices shall reference this Agreement number and project title. Final invoice
must contain the final cost and all credits due the LOCAL AGENCY including any equipment
purchased under the provisions of Article XVI Equipment Purchase of this Agreement. The final
invoice should be submitted within 60 -calendar days after completion of the CONSULTANT's work.
Invoices shall be mailed to the LOCAL AGENCY's Contract Manager at the following address:
City of San Rafael
Attention: Bill Guerin, Public Works Director
111 Morphew Street
San Rafael, CA 94901
F. All subcontracts in excess of $25,000 shall contain the above provisions.
G. CONSULTANT agrees that LOCAL AGENCY may deduct from any payment due to CONSULTANT
under this Agreement, any monies which CONSULTANT owes LOCAL AGENCY under any
ordinance, agreement, Agreement or resolution for any unpaid taxes, fees, licenses, assessments, unpaid
checks or other amounts.
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ARTICLE VI 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 LOCAL AGENCY documents or materials
provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared
for or relating to the performance of its duties under this Agreement, shall be delivered to LOCAL
AGENCY as soon as possible, but not later than thirty (30) days after termination.
ARTICLE VII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this Agreement may have been written before
ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties,
in order to avoid program and fiscal delays that would occur if the Agreement were executed after
that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made available to the LOCAL
AGENCY for the purpose of this Agreement. In addition, this Agreement is subject to any additional
restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or
LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this
Agreement in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to
reflect any reduction in funds.
D. The LOCAL AGENCY has the option to void the Agreement under the 30 -day cancellation clause, or
by mutual agreement to amend the Agreement to reflect any reduction of funds.
ARTICLE VIII CHANGE IN TERMS
A. The terns 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 CONSULTANT and the LOCAL AGENCY.
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 CONSULTANT and the LOCAL AGENCY.
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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.
F. There shall be no change in the CONSULTANT's Project Manager or members of the project team,
as listed in the approved Scope of Work, which is a part of this Agreement without prior written
approval by the LOCAL AGENCY'S Contract Manager.
G. The CONSULTANT shall only commence work covered by an amendment after the amendment is
executed and notification to proceed has been provided by the LOCAL AGENCY'S Contract
Manager.
ARTICLE IX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. The Agency has established a DBE goal for this Agreement of 10.000.
B. DBEs and other small businesses are strongly encouraged to participate in the performance of
Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs"). The CONSULTANT should ensure that DBEs and other small businesses have the
opportunity to participate in the performance of the work that is the subject of this solicitation and
should take all necessary and reasonable steps for this assurance. The CONSULTANT shall not
discriminate on the basis of race, color, national origin, or sex in the award and performance of
subcontracts.
C. CONSULTANTS are encouraged to use services offered by financial institutions owned and
controlled by DBEs.
D. It is the CONSULTANT's responsibility to be fully informed regarding the requirements of 49 CFR,
Part 26, and the Department's DBE prograln developed pursuant to the regulations. Particular
attention is directed to the following:
1. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through
the California Unified Certification Program (CUCP).
2. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a
vendor of material or supplies, or as a trucking company.
A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document
one or a combination of the following:
The proposer is a DBE and will meet the goal by performing work with its own forces.
ii. The proposer will meet the goal through work performed by DBE subcontractors, suppliers
or trucking companies.
iii. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
4. A DBE joint venture partner must be responsible for specific contract items of work or clearly
defined portions thereof. Responsibility means actually performing, managing, and supervising
the work with its own forces. The DBE joint venture partner must share in the capital
contribution, control, management, risks and profits of the joint venture commensurate with its
ownership interest.
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5. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE
firm must be responsible for the execution of a distinct element of the work and must carry out
its responsibility by actually performing, managing and supervising the work.
6. The proposer shall list only one subcontractor for each portion of work as defined in their
proposal and all DBE subcontractors should be listed in the bid/cost proposal list of
subcontractors.
A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement
toward the DBE participation except that portion of the work to be performed by non -DBE
subcontractors.
E. CONSULTANTs shall adhere to the following regarding subconsultants:
1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between
the LOCAL AGENCY and any subconsultant, and no subcontract shall relieve the
CONSULTANT of his/her responsibilities and obligations hereunder. The CONSULTANT
agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its
subconsultants and of persons either directly or indirectly employed by any of them as it is for
the acts and omissions of persons directly employed by the CONSULTANT. The
CONSULTANT's obligation to pay its subconsultants is an independent obligation from the
LOCAL AGENCY's obligation to make payments to the CONSULTANT.
2. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all
the provisions stipulated in this Agreement to be applicable to subconsultants.
3. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each
payment made to the CONSULTANT by the LOCAL AGENCY.
4. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's
Contract Manager in advance of assigning work to a substitute subconsultant.
F. The following shall pertain to the performance of DBE consultants and other DBE
Subconsultants/Suppliers:
1. A DBE performs a commercially useful function when it is responsible for execution of the
work of the Agreement and is carrying out its responsibilities by actually performing, managing,
and supervising the work involved. To perform a commercially useful function, the DBE must
also be responsible with respect to materials and supplies used on the Agreement, for negotiating
price, determining quality and quantity, ordering the material, and installing (where applicable)
and paying for the material itself. To determine whether a DBE is performing a commercially
useful function, evaluate the amount of work subcontracted, industry practices; whether the
amount the firm is to be paid under the Agreement is commensurate with the work it is actually
performing; and other relevant factors.
2. A DBE does not perform a commercially useful function if its role is limited to that of an extra
participant in a transaction, Agreement, or project through which funds are passed in order to
obtain the appearance of DBE participation. In determining whether a DBE is such an extra
participant, examine similar transactions, particularly those in which DBEs do not participate.
3. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its
Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the
Agreement than would be expected on the basis of normal industry practice for the type of work
involved, it will be presumed that it is not performing a commercially useful function.
G. The following shall pertain to Prompt Payment of Funds Withheld to Subcontractors:
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1. No retainage will be held by the LOCAL AGENCY from progress payments due the prime
CONSULTANT. Any retainage held by the prime CONSULTANT or subconsultants from
progress payments due subconsultants shall be promptly paid in full to subconsultants within 30
days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29)
requires that any delay or postponement of payment over the 30 days may take place only for
good cause and with the LOCAL AGENCY's prior written approval. Any violation of this
provision shall subject the violating prime CONSULTANT or subconsultant to the penalties,
sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code.
These requirements shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the prime CONSULTANT or subconsultant in the event
of a dispute involving late payment or nonpayment by the prime CONSULTANT, deficient
subconsultant performance, or noncompliance by a subconsultant. This provision applies to both
DBE and non -DBE prime CONSULTANT and subconsultants.
2. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of
this section.
H. The following shall pertain to DBE Records:
The CONSULTANT shall maintain records of materials purchased and or supplied from all
subcontracts entered into with certified DBEs. The records shall show the name and business
address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor,
regardless of tier. The records shall show the date of payment and the total dollar figure paid to
all firms. DBE prime consultants shall also show the date of work performed by their own forces
along with the corresponding dollar value of the work.
2. Upon completion of the Agreement, a summary of these records shall be prepared and submitted
on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE),
First -Tier Subcontractors," CEM -2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified
correct by the CONSULTANT or the CONSULTANT's authorized representative and shall be
furnished to the Contract Manager with the final invoice. Failure to provide the summary of
DBE payments with the final invoice will result in 25% of the dollar value of the invoice being
withheld from payment until the form is submitted. The amount will be returned to the
CONSULTANT when a satisfactory "Final Report -Utilization of Disadvantaged Business
Enterprises (DBE), First -Tier Subcontractors" is submitted to the Contract Manager.
I. The following shall pertain to DBE Certification and Decertification Status:
1. If a DBE subconsultant is decertified during the life of the Agreement, the decertified
subconsultant shall notify the CONSULTANT in writing with the date of decertification. If a
subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall
notify the CONSULTANT in writing with the date of certification. Any changes should be
reported to the LOCAL AGENCY's Contract Manager within 30 days.
ARTICLE X COST PRINCIPLES
A. The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the
allowability of cost individual items.
B. The CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part
18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.
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C. Any costs for which payment has been made to CONSULTANT that are detennined by subsequent
audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part
31.000 et seq., are subject to repayment by CONSULTANT to the LOCAL AGENCY.
ARTICLE XI CONTINGENT FEE
The CONSULTANT warrants, by execution of this Agreement that no person or selling agency has been
employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide
established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing
business. For breach or violation of this warranty, the LOCAL AGENCY has the right to annul this
Agreement without liability; pay only for the value of the work actually performed, or in its discretion to
deduct from the Agreement price or consideration, or otherwise recover the full amount of such
commission, percentage, brokerage, or contingent fee.
ARTICLE XII RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21,
California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters
connected with the performance of the Agreement pursuant to Government Code 8546.7; the
CONSULTANT, subcontractors, and the LOCAL AGENCY shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to the performance of the Agreement, including but not
limited to, the costs of administering the Agreement. All parties shall make such materials available at
their respective offices at all reasonable times during the Agreement period and for three years from the
date of final payment under the Agreement. The state, the State Auditor, LOCAL AGENCY, FHWA, or
any duly authorized representative of the federal government shall have access to any books, records, and
documents of the CONSULTANT that are pertinent to the Agreement for audit, examinations, excerpts,
and transactions, and copies thereof shall be furnished if requested.
Subcontracts in excess of $25,000 shall contain this provision.
ARTICLE XIII DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not
disposed of by agreement shall be decided by a committee consisting of the LOCAL AGENCY's
Contract Manager and other LOCAL AGENCY representatives, who may consider written or verbal
information submitted by the CONSULTANT.
B. B. Not later than 30 days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the CONSULTANT may request review by the LOCAL AGENCY
GOVERNING BOARD of unresolved claims or disputes, other than audit. The request for review
will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse the
CONSULTANT from full and timely performance in accordance with the terms of this Agreement.
ARTICLE XIV AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement
that is not disposed of by agreement, shall be reviewed by the LOCAL AGENCY'S FINANCE
DIRECTOR.
Page 8 of 17
B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a
review by the LOCAL AGENCY'S FINANCE DIRECTOR of unresolved audit issues. The request
for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by the LOCAL AGENCY will excuse the
CONSULTANT from full and timely performance, in accordance with the terms of this Agreement.
ARTICLE XV SUBCONTRACTING
A. The CONSULTANT shall perform the work contemplated with resources available within its own
organization; and no portion of the work pertinent to this Agreement shall be subcontracted without
written authorization by the LOCAL AGENCY'S Contract Manager, except that, which is expressly
identified in the approved Scope of Work.
B. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all the
provisions stipulated in this Agreement to be applicable to subcontractors.
C. Any substitution of subconsultants must be approved in writing by the LOCAL AGENCY's Contract
Manager.
ARTICLE XVI EQUIPMENT PURCHASE
A. Prior authorization in writing, by the LOCAL AGENCY's Contract Manager shall be required before
the CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for
supplies, equipment, or CONSULTANT services. The CONSULTANT shall provide an evaluation
of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in the CONSULTANT's Statement
of Work and exceeding $5,000 prior authorization by the LOCAL AGENCY's Contract Manager;
three competitive quotations must be submitted with the request, or the absence of bidding must be
adequately justified.
C. Any equipment purchased as a result of this Agreement is subject to the following: "The
CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property
is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the
purchased equipment needs replacement and is sold or traded in, the LOCAL AGENCY shall receive
a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, the
CONSULTANT may either keep the equipment and credit the LOCAL AGENCY in an amount equal
to its fair market value, or sell such equipment at the best price obtainable at a public or private sale,
in accordance with established LOCAL AGENCY procedures; and credit the LOCAL AGENCY in
an amount equal to the sales price. If the CONSULTANT elects to keep the equipment, fair market
value shall be determined at the CONSULTANT's expense, on the basis of a competent independent
appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by
the LOCAL AGENCY and the CONSULTANT, if it is determined to sell the equipment, the terms
and conditions of such sale must be approved in advance by the LOCAL AGENCY." 49 CFR, Part
18 requires a credit to Federal funds when participating equipment with a fair market value greater
than $5,000.00 is credited to the project.
D. All subcontracts in excess $25,000 shall contain the above provisions.
Page 9 of 17
ARTICLE XVII INSPECTION OF WORK
The CONSULTANT and any subcontractor shall permit the LOCAL AGENCY, the state, and the FHWA
if federal participating funds are used in this Agreement; to review and inspect the project activities and
files at all reasonable times during the performance period of this Agreement including review and
inspection on a daily basis.
ARTICLE XVIII SAFETY
A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding
necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions
issued by the LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.
CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the
construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the LOCAL AGENCY has
determined that such areas are within the limits of the project and are open to public traffic. The
CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and
15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe
operation of its vehicles and the protection of the traveling public from injury and damage from such
vehicles.
C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this
Article.
D. CONSULTANT )rust have a Division of Occupational Safety and Health (CAL -OSHA) pennit(s), as
outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices,
work, method, operation, or process related to the construction or excavation of trenches which are
five feet or deeper.
ARTICLE XIX INSURANCE
A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to LOCAL
AGENCY, the following insurance policies:
A commercial general liability insurance policy in the minimum amount of one million
($1,000,000) dollars per occurrence/two )million dollars ($2,000,000) aggregate for death,
bodily injury, personal injury, or property damage.
2. An automobile liability insurance policy, for owned, non -owned, and hired vehicles, in the
minimum amount of one million ($1,000,000) dollars per occurrence.
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 two million
($2,000,000) dollars per occurrence/four million dollars ($4,000,000) aggregate to cover any
claims arising out of the CONSULTANT's performance of services under this Agreement.
Where CONSULTANT is a professional not required to have a professional license,
LOCAL AGENCY reserves the right to require CONSULTANT to provide professional
liability insurance pursuant to this section.
4. If it employs any person, CONSULTANT 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 CONSULTANT and LOCAL AGENCY
Page 10 of 17
against all liability for injuries to CONSULTANT'S officers and employees.
CONSULTANT'S worker's compensation insurance shall be specifically endorsed to waive
any right of subrogation against LOCAL AGENCY.
B. The insurance coverage required of the CONSULTANT in Subparagraph A above, shall also ;meet the
following requirements:
1. Except for professional liability insurance, the insurance policies shall be specifically
endorsed to include the LOCAL AGENCY, its officers, agents, employees, and volunteers,
as additionally named insureds under the policies.
The additional insured coverage under CONSULTANT'S insurance policies shall be
primary with respect to any insurance or coverage maintained by LOCAL AGENCY and
shall not call upon LOCAL AGENCY's insurance or self-insurance coverage for any
contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies
shall be at least as broad as ISO form CG20 0104 13.
3. Except for professional liability insurance, the insurance policies shall include, in their text
or by endorsement, coverage for contractual liability and personal injury.
4. The insurance policies shall be specifically endorsed to provide that the insurance carrier
shall not cancel, terminate or otherwise modify the terms and conditions of said insurance
policies except upon ten (10) days written notice to the LOCAL AGENCY Contract
Manager.
5. 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.
6. The insurance policies shall provide for a retroactive date of placement coinciding with the
effective date of this Agreement.
The limits of insurance required in this Agreement may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain
or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of LOCAL AGENCY (if agreed to in a written contract
or agreement) before LOCAL AGENCY'S own insurance or self-insurance shall be called
upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits
shall be available to LOCAL AGENCY or any other additional insured party. Furthermore,
the requirements for coverage and limits shall be: (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of
any insurance policy or proceeds available to the named insured; whichever is greater.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance
policies must be declared to and approved by the LOCAL AGENCY's Contract Manager and LOCAL
AGENCY's City Attorney, and shall not reduce the limits of liability. Policies containing any self-
insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied
by either the named insured or LOCAL AGENCY or other additional insured party. At LOCAL
AGENCY's option, the deductibles or self-insured retentions with respect to LOCAL AGENCY shall
Page I I of 17
be reduced or eliminated to LOCAL AGENCY's satisfaction, or CONSULTANT shall procure a bond
guaranteeing payment of losses and related investigations, claims administration, attorney's fees and
defense expenses.
D. Subcontractors. CONSULTANT agrees to include with all subcontractors in their subcontract the
same requirements and provisions of this Agreement regarding indemnity and insurance to the extent
they apply to the scope of the subcontractor's work. Subcontractors hired by CONSULTANT agree to
be bound to CONSULTANT and LOCAL AGENCY in the same manner and to the same extent as
CONSULTANT is bound to LOCAL AGENCY under this Agreement. All subcontractors shall
provide insurance with a blanket additional insured endorsement or coverage at least as broad as ISO
form CB 20 38 04 13, and CONSULTANT shall provide a copy of such endorsement of policy
provision to LOCAL AGENCY.
E. Proof of Insurance. CONSULTANT shall provide to the LOCAL AGENCY's Contract Manager or
LOCAL AGENCY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the
insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or
endorsement page listing all policy endorsements for the commercial general liability policy, and (3)
excerpts of policy laneuaee or specific endorsements evidencine the other insurance requirements set
forth in this Aereement. LOCAL AGENCY reserves the right to obtain a full certified copy of any
insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not
constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and
sufficiency by LOCAL AGENCY Contract Manager and the LOCAL AGENCY City Attorney.
ARTICLE XX OWNERSHIP OF DATA
A. Upon completion of all work under this Agreement, ownership and title to all reports, documents,
plans, specifications, and estimates produced as part of this Agreement will automatically be vested in
the LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to the
LOCAL AGENCY. The CONSULTANT shall furnish the LOCAL AGENCY all necessary copies
of data needed to complete the review and approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or
machine-readable form, are intended for one-time use in the construction of the project for which this
Agreement has been entered into.
C. The CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the LOCAL AGENCY of the machine-readable information and data
provided by the CONSULTANT under this agreement; further, the CONSULTANT is not liable for
claims, liabilities, or losses arising out of, or connected with any use by the LOCAL AGENCY of the
project documentation on other projects for additions to this project, or for the completion of this
project by others, except only such use as )many be authorized in writing by the CONSULTANT.
D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be
included in the Agreements as appropriate.
E. The LOCAL AGENCY may pen -nit copyrighting reports or other Agreement products. If copyrights
are permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive
and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work
for government purposes.
Page 12 of 17
F. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of
the provisions of this Article.
ARTICLE XXI CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR
A. If claims are filed by the LOCAL AGENCY's construction contractor relating to work performed by
CONSULTANT's personnel, and additional information or assistance from the CONSULTANT's
personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to
make its personnel available for consultation with the LOCAL AGENCY'S construction contract
administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration
proceedings.
B. CONSULTANT's personnel that the LOCAL AGENCY considers essential to assist in defending
against construction contractor claims will be made available on reasonable notice from the LOCAL
AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that
are being paid for the CONSULTANT's personnel services under this agreement.
C. Services of the CONSULTANT's personnel in connection with the LOCAL AGENCY's construction
contractor claims will be performed pursuant to a written contract amendment, if necessary, extending
the termination date of this agreement in order to resolve the construction claims.
D. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of
the provisions of this Article.
ARTICLE XXII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to the LOCAL
AGENCY's operations, which are designated confidential by the LOCAL AGENCY and made
available to the CONSULTANT in order to carry out this Agreement, shall be protected by the
CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by the LOCAL AGENCY
relating to the Agreement, shall not authorize the CONSULTANT to further disclose such
information, or disseminate the same on any other occasion.
C. The CONSULTANT shall not comment publicly to the press or any other media regarding the
Agreement or the LOCAL AGENCY's actions on the same, except to the LOCAL AGENCY's staff,
CONSULTANT's own personnel involved in the performance of this Agreement, at public hearings
or in response to questions from a Legislative committee.
D. The CONSULTANT shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this Agreement without prior review
of the contents thereof by the LOCAL AGENCY, and receipt of the LOCAL AGENCY'S written
permission.
E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this
Article.
F. All information related to the construction estimate is confidential, and shall not be disclosed by the
CONSULTANT to any entity other than the LOCAL AGENCY.
Page 13 of 17
ARTICLE XXIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, the CONSULTANT hereby states under penalty
of perjury that no more than one final unappealable finding of contempt of court by a federal court has
been issued against the CONSULTANT within the immediately preceding two-year period, because of
the CONSULTANT's failure to comply with an order of a federal court that orders the CONSULTANT
to comply with an order of the National Labor Relations Board.
ARTICLE XXIV EVALUATION OF CONSULTANT
The CONSULTANT's performance will be evaluated by the LOCAL AGENCY. A copy of the
evaluation will be sent to the CONSULTANT for comments. The evaluation together with the comments
shall be retained as part of the Agreement record.
ARTICLE XXV STATEMENT OF COMPLIANCE
The CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of
perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied
with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2,
California Administrative Code, Section 8103.
ARTICLE XXVI DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT's signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49,
Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that
he/she or any person associated therewith in the capacity of owner, partner, director, officer, or
manager, is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or
determined ineligible by any federal agency within the past three (3) years; does not have a proposed
debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it
by a court of competent jurisdiction in any matter involving fraud or official misconduct within the
past three (3) years. Any exceptions to this certification must be disclosed to the LOCAL AGENCY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered
in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply,
initiating agency, and dates of action.
ARTICLE XXVII STATE PREVAILING WAGE RATES
A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate
requirements in accordance with California Labor Code, Section 1771, and all federal, state, and local
laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this Agreement if for more than $25,000 for public works
construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public
works, shall contain all of the provisions of this Article.
Page 14 of 17
ARTICLE XXVIII CONFLICT OF INTEREST
A. The CONSULTANT shall disclose any financial, business, or other relationship with LOCAL
AGENCY that may have an impact upon the outcome of this Agreement, or any ensuing LOCAL
AGENCY construction project. The CONSULTANT shall also list current clients who may have a
financial interest in the outcome of this Agreement, or any ensuing LOCAL AGENCY construction
project, which will follow.
B. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or
business interest that would conflict with the performance of services under this agreement.
C. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of
the provisions of this Article.
D. The CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with the
CONSULTANT will bid on any construction contract, or on any contract to provide construction
inspection for any construction project resulting from this Agreement. An affiliated firm is one, which
is subject to the control of the same persons through joint -ownership, or otherwise.
E. Except for subcontractors whose services are limited to providing surveying or materials testing
information, no subcontractor who has provided design services in connection with this Agreement
shall be eligible to bid on any construction contract, or on any contract to provide construction
inspection for any construction project resulting from this Agreement.
ARTICLE XXIX REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this Agreement was not obtained or secured through rebates,
kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to
terminate the Agreement without liability; to pay only for the value of the work actually performed; or to
deduct from the Agreement price; or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
ARTICLE XXX NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this Agreement and
changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt
requested, postage prepaid, and addressed as follows:
CONSULTANT:
LOCAL AGENCY:
Alta Planning+Design, Inc.
Michael Jones
100 Webster Street, Suite 300
Oakland, CA 94607
City of San Rafael
Bill Guerin, Public Works Director
111 Morphew Street
P.O. Box 151560
San Rafael, CA 94915-1560
Page 15 of 17
ARTICLE XXXI AGREEMENT
The two parties to this agreement, who are the before named CONSULTANT and the before named
LOCAL AGENCY, hereby agree that this Agreement constitutes the entire agreement which is made and
concluded in duplicate between the two parties. Both of these parties for and in consideration of the
payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform
in accordance with the terms and conditions of this Agreement as evidenced by the signatures below.
ARTICLE XXXII NON-DISCRIMINATION CLAUSE
During the performance of this Agreement, CONSULTANT and its subconsultants shall not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for employment because of
sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS),
mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care
leave. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment.
CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder
(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. CONSULTANT and subconsultants
shall give written notice of their obligations under this clause to labor organizations with which they have
a collective bargaining or other Agreement.
CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
ARTICLE XXXIII NO THIRD PARTY BENEFICIARIES
LOCAL AGENCY and CONSULTANT 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.
ARTICLE XXXIV 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.
ARTICLE XXXV LOCAL AGENCY BUSINESS LICENSE / OTHER TAXES
CONSULTANT shall obtain and maintain during the duration of this Agreement, a LOCAL AGENCY
business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state
and federal taxes and any other applicable taxes. LOCAL AGENCY shall not be required to pay for any
work performed under this Agreement, until CONSULTANT has provided LOCAL AGENCY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
Page 16 of 17
ARTICLE XXXVI 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.
ARTICLE XXXVII APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
CONSULTANT 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. CONSULTANT shall
perforin all services under this Agreement in accordance with these laws, ordinances, codes and regulations.
CONSULTANT shall release, defend, indemnify and hold harmless LOCAL AGENCY, 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.
ARTICLE XXXVIII SIGNATURES
Cl OF SAN JA
JI SC UT^
Ci Ma ager
ATTEST:
ESTHER C. BEIRNE
City Clerk
APPROVED AS TO FORM:
ROBERT F. EpsTEIN��
U
City Attorney
Alta Planning+Design, Inc.
By:
George Hudson
Title: President as duly authorized
By:
Carolyn Sullivan
Title: Vice President as duly authorized
Page 17 of 17
C' J3 100 Webster Street, Suite 300
Oakland,94607
(510) 540-5-5 00808
PLANNING + DESIGN www.altaplanning.com
December 16, 2016
Attn: Hunter Young
City of San Rafael Public Works Department
111 Morphew Street
San Rafael, CA 94915-1560
Re: Multi -Use Pathway Environment Clearance & Concept Design, Andersen Dr. to Second St.
Dear Mr. Young:
RECEIVED
DEC l 2016
CITY OF SAN RAFAEL
On behalf of Alta Planning + Design (Alta), I am pleased to provide this revised Scope of Work,
Budget and Schedule to provide environment clearance and conceptual design services for the
Multi -Use Pathway along the SMART right-of-way from Andersen Dr. to Second Street in San Rafael.
I will serve as Principal -in -Charge for these services, reprising my role on many recent transportation
and recreation projects in Marin County, including the SMART Preliminary Design and EIR project,
Central Marin Ferry Connector Project and the Cal Park Tunnel Pathway. Paul Klassen, P.E., who led
SMART's MUP Design efforts, will serve as Project Manager and will be supported by a strong
breadth staff from Alta, LSA Associates and Coastland Civil Engineering. This is the same team who
successfully delivered the previous feasibility study. To meet technical needs we are pleased to
expand the team with Cinquini & Passarino for surveying and right-of-way support and W -Trans for
traffic analysis.
As requested by the City, the scope has been recrafted to meet budget limitations and include an
alternative to place the channel or a portion of it in a culvert. The scope focuses on preparing and
evaluating preliminary designs and options and the environmental analysis work needed to get as far
down the resource agency permit process as possible.
Alta looks forward to assisting the City and remain available to provide any additional information or
clarification. Please contact me at (415) 482-8660 or maiones(a)altaolannina.com or Paul Klassen at
(707) 495-5202 or oaulklassen analtaolannina.com.
Sincerely,
Michael Jones, MCP
CEO, Principal
Alta Planning + Design
CC: Kevin McGowan, S. Rafael
Bill Guerin, S. Rafael
Paul Klassen, Alta
Francisco Boulevard West Multi -Use Pathway -Second Street to Andersen Drive I Alta Planning+Design
Scope of Work (Revised Dec. 15, 2016)
Task 1: Project Management and Coordination
1.1 PROJECT INITIATION: CONFIRM SCOPE, SCHEDULE, AND GOALS
To get off to a fast and productive project start that is in tune with the City's needs, we propose to meet with City staff (City) and
the BPAC to review project goals, scope, key Issues, funding requirements, critical environmental studies, confirm stakeholders,
review and collect available Information, and review the project schedule.
1.2 PROJECT MANAGEMENT, QUALITY ASSURANCE, AND QUALITY CONTROL
Quality work, cost control, and schedule compliance result from a systematic management program tailored to this project. Prior
to the beginning of production work, the Alta's Project Manager, Paul Klassen, will meet with the City to review the work plan.
Alta will host monthly project development team meetings, in person or via phone with the consultant team, the City Project
Manager and staff, and when appropriate, Include other agencies or stakeholders. Alta will prepare agendas and meeting notes
for status meetings. These meetings will allow for close communication on upcoming tasks and review of deliverables. Meetings
will be held more frequently when appropriate.
Task 1 Deliverables:
Project schedule and updates
Monthly project progress reports
Task 2: Development of Preliminary Plans
2.1 KICK-OFF MEETING, DOCUMENT AND DATA COLLECTION
Alta will submit to the City a Request for Information memo outlining potentially pertinent information Including surveys, assessor
parcel maps and data, railroad valuation maps, utility mapping, plans for existing and proposed City and SMART Improvements,
drainage information and traffic data for crossings and intersections adjacent to crossings.
Alta will evaluate existing plans, documents and data, conducting a project kick off meeting and site review with City staff and
BPAC members to view the project site constraints and opportunities and the disposition of the drainage channel, street, rail and
various structures and improvements on the site and discuss the City's goals and concerns.
Task 2.1 Deliverables:
Request for information memo
Meeting agendas and minutes Including summary of the site visit
2.2 ASSESS EXISTING CONDITIONS CONSTRAINTS AND OPPORTUNITIES
The site will be evaluated to determine the physical, regulatory and right-of-way constraints and the current designs for the rail
and street alignments for the project site.
Based on the information gathered we will develop a Constraints and Opportunities map and corresponding memorandum
discussing key findings and considerations including right-of-way, wetlands, utilities, encroachments such as fences and
structures including existing and proposed rail and street improvements.
We will meet with the City to review our Initial findings and incorporate comments into the final map and memo.
Task 2.2 Deliverables:
Existing conditions map and memorandum
2.3 TOPOGRAPHIC AND BOUNDARY SURVEYING AND RIGHT-OF-WAY PLAN
Cinquim & Passarino, Inc. will prepare supplemental topographic mapping along the southwesterly right-of-way line of the SMART
parcel from Irwin Street to Rice Drive. Mapping will extend from approximately 20 feet north of the right-of-way line to 20 feet
south of the right-of-way line. Additional mapping will extend from Irwin Street north along the existing right-of-way line
approximately 250 feet.
12/19/16
Francisco Boulevard West Multi -Use Pathway -Second Street to Andersen Drive I Alta Planning + Design
Topographic survey will include all necessary work to produce a topographic map, including features such as, but not limited to
buildings, curb lines, water meters, sewer cleanouts, valves, manholes (including rim, invert and pipe information), utility
markings on the pavement, utility poles, driveway locations, sidewalks, trees six inches and larger, drip line radii, retaining wall
or decorative walls, and any other pertinent information that could apply to the project during design.
Task 23 Deliverables:
• Topographic map and right-of-way plan in AutoCAD format
2.4 PREPARE PRELIMINARY PLANS AND EVALUATE OPTIONS
Using the findings of the constraints and opportunities, Alta will develop conceptual alignment alternatives. The goal of the design
effort will be to produce a facility that minimizes right-of-way and environmental impacts while providing a safe, efficient and
enjoyable trail experience.
Alignment mapping will be developed in sufficient detail to show constraints and opportunities, and to clarify the design and its
relationship to existing constraints and opportunities.
Because of the limited right-of-way, wetlands and SMART double tracks, we anticipate that alternatives within the SMART right-
of-way will mostly consist of pathway cross-section variations and minor alignment options that minimize environmental impacts
and an option of putting the existing channel, or a portion of it, in a culvert with the pathway over the top.
Alta will submit the draft pathway concepts and alignments to the City staff for review and comment. Once we incorporate the
comments, we will revise the plans and present the pathway alignments and options to the City and BPAC.
Task 2.4 Deliverables:
• Draft concept plans, draft assessment of the options
• Memorandum with concept plans, cross sections, preliminary comparative construction cost estimates and
assessments of the options
2.5 PREPARE PREFERRED ALTERNATIVE PLANS
Based on input received from the City and stakeholders, we will refine the pathway concept to produce a preferred alternative.
The preferred trail concept plan will be further refined and Alta will provide a preliminary construction cost estimate for the
preferred alignment.
Task 2.5 Deliverables:
• Preferred pathway alternative alignment drawing and description
• Updated preliminary construction cost estimate
Task 3: DRAFT CEQA Document
TASK 3.1: INITIAL ASSESSMENT/PROJECT DESCRIPTION
Following authorization to proceed, the Alta team will conduct an initial assessment of project impacts based on the MUP project
description and make a preliminary determination of what documentation will be required. LSA will consult the City of San Rafael
regarding these findings and to determine the necessary technical work that will need to be conducted as required. This Scope
of Work is based on amending the existing CEQA documents for the initial SMART project and the documents for the Larkspur
Extension. Other Technical Studies or Environmental Documents are not Included.
Based on the Preferred Trail Design and Concept Plan, the Alta team will prepare a project description with sufficient detail to
assess the environmental Impacts of the MUP project in the CEQA Addendum. The project description will outline the proposed
changes to the project, including the overall conceptual design and the locations for specific Improvements, access, construction
and timing.
Task 3.1 Deliverables:
Project description for CEQA Addendum
TASK 3.2: TECHNICAL STUDIES
The project team will evaluate the revised project description for the MUP project and prepare technical studies for the following:
12/19/16 2
Francisco Boulevard West Multi -Use Pathway -Second Street to Andersen Drive I Alta Planning+ Design
• Biological Resources
• Cultural Resources
• Noise
• Transportation and Traffic
The project team will review the revised project description and prepare technical studies for amending the existing documents.
The following technical studies are anticipated:
3.2.3 BIOLOGICAL RESOURCES
LSA will update, as needed, the Biological Resources Technical Report -Sonoma-Marin Area Rail Transit Downtown San Rafael -
Larkspur Extension (April 2013; updated June 2014) to reflect current site conditions, the updated/verified wetland delineation
report (see below), and current California Natural Diversity Data Base (CNDDB) information for the vicinity. An updated official
U.S. Fish and Wildlife Service species list for the corridor will also be Inserted. The report update will be based on a site visit by
an LSA biologist to determine if any habitat conditions documented in the previous technical report have changed. Impacts of
the MUP to jurisdictional areas (as preliminarily described by LSA in the 2016 Alta Planning Multi -Use Pathway Feasibility Study)
and special status species will be described; and appropriate avoidance, minimization, and mitigation measures will be identified.
These measures will reflect the input received from the Corps of Engineers, RWQCB, and CDFW at the inter -agency meeting held
for the project on March 16, 2016.
LSA will update as needed the current draft wetland delineation report and map (Draft Preliminary Delineation of Waters of the
United States, Including Wetlands - Sonoma -Marin Area Rail Transit Downtown San Rafael -Larkspur Extension, dated July 2014)
and submit to the Army Corps of Engineers (Corps) for verification. The LSA wetland delineation specialist will determine if site
conditions have changed since 2014 and revise the report and maps, or if no revisions are needed, LSA will prepare an addendum
memo documenting the site visits and the unchanged conditions.
Task 3.2.3 Deliverables:
Revised biological resources technical report
• Revised wetland delineation report and maps, or addendum memo
3.2.4 CULTURAL RESOURCES
LSA will prepare a Cultural Resources technical memorandum as follows:
LSA will perform a records search at the Northwest Information Center of the California Office of Historic Preservation's California
Historical Resources Information System and conduct a literature review of archaeological, ethnographic, historical, and
environmental publications and maps relevant to the project. Qualified cultural resource staff will conduct an archaeological
survey of the project alignment upon completion of the records search and literature review.
LSA will conduct consultation with potentially interested parties in accordance with the requirements of Section 106 of the
National Historic Preservation Act of 1966. This consultation will include contacting the Native American Heritage Commission in
Sacramento for (1) a review of the Sacred Lands File to determine if the project alignment contains any listed sites, and (2) a list
of Native American contacts who may have concerns about the project alignment. Local Native Americans on that list will be
contacted by letter and follow-up telephone calls, as necessary, to Inquire about any concerns or information they may have. LSA
will also contact the Marin History Museum and San Rafael Heritage.
Task 3.2.4 Deliverables:
• LSA will prepare Cultural Resources Technical Memorandum
3.2.5 NOISE ANALYSIS TECHNICAL MEMORANDUM
LSA will prepare a technical memorandum for noise impact analysis. The memorandum would include an analysis of the potential
construction noise impacts and recommendation of abatement measures, as needed. Analysis requirements will be based on the
sensitivity of the area and follow the Noise Ordinance specifications of the City.
Task 3.2.5 Deliverables:
Draft noise technical memorandum
12/19/16
Francisco Boulevard West Multi -Use Pathway -Second Street to Andersen Drive I Alta Planning+Design
3.2.6 TRAFFIC STUDY
W -Trans will collect peak hour vehicle turning movement counts at the four study intersections (2nd Street/Francisco Boulevard
W, Francisco Boulevard W/Irwin Street, Francisco Boulevard W/Rice Drive and Francisco Boulevard W/Andersen Drive) and use
in the traffic study.
The unsignalized crossings at Irwin Street and Rice Drive will be reviewed to determine the appropriate traffic crossing devices
warranted for each location based on traffic volume, speed and site distance.
W -Trans will evaluate the impacts of pathway users on the signalized intersection crossings at either end of the project (2nd
Street/Francisco Boulevard W and Francisco Boulevard W/Andersen Drive). This analysis will consist of an Intersection operational
analysis to determine any operational impacts of the added crosswalks and pedestrian crossing signal timing.
W -Trans will prepare a traffic impact memorandum summarizing existing conditions at the four intersection crossings and any
operational changes to any impacts identified in the previous CEQA/NEPA documents. The warrant analysis, safety assessment
and recommendations for the Irwin Street and Rice Drive crossings will also be Included.
Task 3.2.6 Deliverables:
. Traffic impact memorandum
TASK 3.3: PREPARE DRAFT CEQA EIR ADDENDUM
LSA will prepare a DRAFT Addendum to the 2008 Supplemental EIR for the proposed MUP project pursuant to Section 15164 of
the CEQA Guidelines. Section 15164 states that an Addendum is permitted when a project (ora project's circumstances) change,
or new information is available, but these conditions result in no new environmental impacts and do not Increase the severity of
existing Impacts.
An EIR Addendum will be prepared in accordance with CEQA and the CEQA Guidelines and will consist of: 1) background
Information related to the previously certified 2008 Supplemental EIR and the inclusion of the MUP project; 2) a description of
the currentiy-proposed MUP project; 3) a brief discussion of the environmental effects of the proposed changes to the previously
approved project; and 4) a conclusion that the effects of these changes would meet the requirements of Section 15164 of the
CEQA Guidelines. The discussion of the anticipated environmental effects of the changes to the previously approved project will
include analysis for each of the environmental topics discussed in the 2008 Supplemental EIR. The EIR Addendum will focus mainly
on the following resource topics:
Air Duality and Greenhouse Gases
LSA will determine if the proposed MUP project would result in any changes to the identified construction impacts or operation -
related air quality or greenhouse gas emission effects. LSA will provide a discussion of how the analysis in the 2008 Supplemental
EIR applies to the current MUP project. LSA will evaluate the project including a quantitative assessment of project construction
impacts using the Roadway Emissions Estimator Model. Mitigation measures that from the 2008 Supplemental EIR that would
be applicable to the current MUP project will be Identified.
Biological Resources
LSA will describe and analyze the effects of the proposed MUP project on San Rafael Creek, the unnamed drainage ditch, and the
seasonal wetland located immediately south of the ditch. LSA will summarize our biological effects analysis shown in the 2016
Alta Planning Multi -Use Pathway Feasibility Study, and expand the analysis to identify all significant impacts which will likely
consist of the following: (1) loss of drainage ditch bank above the ordinary high water line and associated ruderal vegetation; (2)
possible shading impacts to the ditch from the cantilevered overhang; (3) potential for temporary Indirect impact to San Rafael
Creek during removal of the existing suspended pedestrian bridge and replacement with the new bridge; (4) possible loss of a
portion of the seasonal wetland located Immediate south of the drainage ditch's Hwy 101 culvert connection to San Rafael Creek
(see Prepare Permit Applications below); (5) potential for temporary indirect effects during construction to green sturgeon, and
direct effects to western pond turtle, bat species, and nesting birds (if work is conducted in the breeding season).
The same avoidance and minimization measures previously identified forgreen sturgeon and other special status species in the
2013/2104 Biological Resources Technical Report would apply to the MUP project. However there will likely be the need for
additional compensatory mitigation for the loss of the ditch bank, possible shading impacts, and for the possible loss of a portion
of the seasonal wetland. As discussed with the regulatory agencies during the inter -agency meeting of March 16, 2016, the most
12/19/16 4
Francisco Boulevard West Multi -Use Pathway -Second Street to Andersen Drive I Alta Planning+Design
likely form of such mitigation would entail channel enhancements through riparian plantings, streambank enhancement or
possible removal of existing streambed or bank fills elsewhere.
Cultural Resources
Based on the Cultural Resources Technical Memorandum, LSA will compare the baseline conditions, as identified in the 2008
Supplemental EIR, with the current technical analysis to determine if there is the potential for any additional impacts to cultural
resources.
Optional Task -AB 52 Consultation 1'1: Assembly Bill 52 (AB 52), which became law January 1, 2015, now requires that local
agencies formally consult with recognized California Native American Tribes during the CEC.A process. Prior to the release of a
Draft Environmental Impact Report Addendum, the City must initiate consultation with tribes that are traditionally and
culturally affiliated with the geographic area of the proposed project if (1) the tribe requested of the City, in writing, to be
informed through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated
with the tribe; and (2) the tribe responds, in writing, in 30 days of receipt of the formal notification of a proposed project and
requests consultation with the City (Public Resources Code Section 21080.3.1(b)). If the City has not received a request from a
tribe to be notified of projects pursuant to AB 52, consultation is not required. However, should the City have received such a
request, LSA can assist with the Native American consultation requirements, pursuant to AB 52. Therefore, we propose the
following optional scope of work to comply with AB 52:
Pursuant to the AB 52 provisions, and on behalf of the City,' LSA will draft a letter for City mailing on official letterhead to
designated tribal representatives describing the proposed project and providing a formal notification of the 30 -day opportunity
to request consultation.
If a tribe requests consultation in response to the City's letter, LSA will, at the City's discretion, attend one meeting (not to
exceed 8 hours) with City staff and a tribal representative to discuss the project's potential impacts on, and appropriate
mitigations for, tribal cultural resources.
The optional AB 52 consultation can be done for a budget not to exceed $1,800 (additional cost).
Noise
Based on the Noise Analysis Technical Memorandum, LSA will determine if the revised project would result in any changes to the
identified construction or traffic noise impacts. LSA will provide a discussion of how the analysis in the 2008 Supplemental EIR
applies to the current MUP project.
Transportation and Circulation
LSA will use the updated technical information provided by W -Trans to determine if the revised project would result in any
changes to the identified transportation and circulation impacts and will prepare the EIR Addendum section pertaining to
transportation and circulation.
LSA will amend the Draft EIR Addendum based on a single set of consolidated non -contradictory comments from the City staff
and the client. The City would be responsible for any public noticing.
Task 3.3 Deliverables:
EIR DRAFT Addendum will be provided to the City in digital format
• Two interim drafts for review and comment by City staff prior to finalizing the EIR Addendum
• DRAFT Final EIR Addendum will be provided to City staff.
TASK 3.4 PERMITS AND AGENCY COORDINATION
It is unlikely the project can be designed to fully avoid the seasonal wetland located south of the Highway 101 culvert connection
that flows into the ditch. Therefore, we assume that at least some Corps jurisdictional wetlands will be impacted and
consequently permits from the Corps as well as CDFW and RWQCB will be required.
We propose to schedule a second inter -agency meeting (the first was held on March 16, 2016) to discuss the proposed project
design, Impact minimization measures, and our recommended compensatory mitigation approaches. The meeting should be
' Please note that LSA will make the initial contact with the tribes on behalf of the City and will assist with, but cannot wholly
assume, the formal government -to -government consultative responsibilities during the consultation. We recommend that the
City remain the lead point of contact after notification.
12/19/16 5
Francisco Boulevard West Multi -Use Pathway -Second Street to Andersen Drive I Alta Planning+ Design
scheduled prior to preparation of the permit application packages so that agency recommendations and preferences can be
incorporated to the extent feasible.
Assuming that the channel will not be culverted, the likely form of Corps approval needed will be Nationwide Permit 14 (Linear
Transportation Projects) which requires preparation of a notification package if any jurisdictional wetlands are affected. LSA will
prepare the notification package that includes a copy of the updated Biological Resources Technical Report. This report will
demonstrate that the project is not likely to adversely affect any federally -listed species. We believe that the Corps will concur
with this conclusion and therefore formal Section 7 Endangered Species Act consultation will probably not be required. We
assume that the loss of wetlands would be very minor and could be compensated for through an on-site mitigation and
monitoring plan (MMP). If the budget allows, LSA will prepare the on-site MMP. The cultural resources documentation described
above will be used to satisfy Corps Section 106 requirements.
If the project becomes the alternative that culverts the channel, then an individual permit from the Corps will be required. This
would require preparation of a Section 404(b) (1) Alternatives Analysis (AA) to demonstrate that the non-culverted alternatives
are not practicable (the RWQCB would also require this analysis). Assuming that the AA could demonstrate to the satisfaction to
both the Corps and RWQCB that the non-culverted alternatives are non -practicable, then preparation of an off-site wetland
mitigation and monitoring plan (MMP) would also be required as compensation for the loss of the channel and wetland habitat.
The preparation of an AA and an off-site MMP are not Included in this scope and budget.
Water Quality Certification from the RWQCB (San Francisco Bay Region) will be required pursuant to Section 401 of the Clean
Water Act and a Streambed Alteration Agreement will be required from CDFW pursuant to Section 1600 of the California Fish
and Game Code. Both application packages will describe the project and its impacts to water of the state (including the ditch
bank), a copy of the Corps NWP application, figures depicting the type and extent of impacts, evidence of CEQA compliance, and
an application filing/processingfees (to be paid by the City). Both agencies are likely to require hydrological documentation (e.g.,
modelling of pre- and post -project ditch flows — this work is not in this Scope of Work) to verify the project will not adversely
affect the ditch's current storm drainage capacity, as well as engineering analysis to demonstrate post -project bank stability. Both
agencies are also likely to require preparation of an on-site MMP for minor impacts to the ditch bank and wetlands under a non-
culverted alternative. If the budget allows, LSA will prepare the on-site MMP.
If the project becomes the alternative that culverts the channel, then both the RWQCB and CDFW would require the City to
demonstrate that a non-culverted alternative is not practicable (for the RWQCB, the AA described above would serve this
purpose). Both agencies would also require preparation of an off-site mitigation and monitoring plan (MMP) to compensate for
the loss of the channel and wetland habitat. The preparation of an AA and off-site MMP are not included in this scope and budget.
Once the permit applications have been submitted, Alta and LSA will assist the City with processing the applications for the
pathway work through the respective agencies' review processes. However, if the project becomes the alternative that culverts
the channel, Alta and LSA will be able to assist with the agency application review process only to the extent that the budget
allows.
Task 3.4 Deliverables:
Draft environmental permit drawings and background documentation
Permit applications as budget allows.
3,5 DESIGN AND ENVIRONMENTAL MEETINGS
Project team staff will attend up to five (5) meetings with the City staff, the BPAC, stakeholders and community to review the
project and receive input.
Task 3.5 Dellverables:
Meeting agendas and summaries
12/19/16
Project Schedule Revised
San Rafael Pathway Project - restructured Dec. 9, 2016
Task 1: Initiation and Project Management
1.1 Scope Confirmation
1.2 & 1.3 Project Management, QA/QC
1.4 Monthly Progress Reports
Task 2: Prepare Preliminary Plans
2.1 Kick-off Meeting,Data Collection, Review Existing Conditions
2.2 Surveying
2.2.1 ROW Mapping
2.3 Existing Conditions Map and Memorandum
2.4 Prepare Alternatives, Evaluate, Refine Concepts
2.5 Develop Preferred Alternative
Task 3: CEQA/NEPA Documentation
3.1 PES/APE MAP/Project Description
3.2 Technical Studies review and revisions
3.3 Prepare NEPA Categorical Exclusion
3.4 Prepare CEQA EIR Addendum
3.5 Environmental Permits
Client/ Agency Review
LEGEND
Task Progress
X
Meeting / Workshop
'
Deliverable
Client/ Agency Review
Project Budget (Revised)
City of San Rafael -Andersen Dr. to 2nd St. Pathway
14 -Dec -16
1016Hourly Rate`
$290
$215
$160
$130
$105
$75
$200
$130
$785
$130
$100
$185
1. Project Management and Coordination
4
24
32
8
0
24
0
0
0
0
0
0
7.1 Project Management (16 Weeks), QA, QC
4
24
32
B
24
2. Develop Preliminary Plans
6
74
152
136
76
23
0
0
3
4
0
0
2.1 Kick-off Meeting; Collecting Existing Plans and Data
2
12
12
10
4
16
2
2.2 Assessment of Existing Conditions and Constraints
2
8
8
6
8
2
1
4
23 Identify& obtain additional Topo & Boundary Data
4
4
4
1
2.4 Prepare Preliminary Plans& Evaluate Options
2
26
64
60
30
2
25 Prepare Preferred Altemative Plans
24
64
60
30
2
3 CEQA Environmental Clearance (& Meetings)
5
43
64
21
29
5
46
102
40
80
102
12
3.1- Intial Assessment/Project Description
4
8
8
12
4
32- Technical Studies
12
24
6
8
4
8
24
12
3.3 Prepare DRAFT CEQA EIR Addendum
6
6
16
72
4
8
12
3A Permit Agency Coordination& Review, Draft Permit
Applications
6
8
24
2
16
64
66
3.5. Design& Environmental Meetings (5)
5
15
18
15
5
5
12
18
12
Staff Hours
15
141
248
165
105
52
46
102
43
84
102
12
Reimbursable Expenses & Travel
Project Sub -Total
$4,350
$30,315
$39,680
$21,450
$17,025
$3,900
$9,200
$73,260
$7,955
$10,920
$10,200
$2,220
`Hours and staHasslgnments can be adjusted by the consultant as needed to Implement thetasles
descrlbed during the course of the
prole¢
• Hourly rates are for co lend ar year 2016, and will be adjusted If work Is continued Into
subsequent yea s).
$120
$170
$100
$100
$175
$145
$125
$179
$144
$85
$200
$235
$200
$150
$100
$90
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
92
$14,280
92
$14,280
0
0
0
0
48
148
38
12
8
51
20
2
1
6
0
2
810
$118p25
8
16
82
$12,090
20
20
24
1
1
6
2
113
$16,970
12
8
51
20
104
$13,630
16
72
10
282
$42,000
4
40
4
1
229
$33,735
60
12
92
32
8
8
0
0
0
0
0
4
2
12
8
20
807
$109,705
36
$6,040
60
12
28
32
4
2
12
8
20
276
$36,180
24
148
$20,190
40
226
$27,370
8
8
121
$19,925
60
12
92
32
56
156
38
12
8
51
20
6
3
18
8
22
1709
$242,410
$4,000
$7,200
$2,040
$9,200
$3,200
$9,800
$22,620
$4,750
$2,148
$1,152
$4,335
$4,000
$1,410
$600
$2,700
$800
$1,980
$246,410
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Department of Public Works
Project Manager: Kevin McGowan/Hunter Young
Extension: x3389
Project Name: FRANCISCO BLVD WEST MULTI -USE PATHWAY — SECOND TO ANDERSEN DRIVE
Contractor Name: Alta Planning and Design
Contractor's Contact: Michael Jones
Contact's Email: mgjones@altaplanning.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
enter a date.
® KM
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
1/10/2017
2
City Attorney
a. Review, revise, and comment on draft agreement
1/10/2017
® LAG
and return to Project Manager
b. Confirm insurance requirements, create Job on
1/10/2017
® LAG
PINS, send PINS insurance notice to contractor
3
Project Manager
Forward three (3) originals of final agreement to
1/10/2017
Z KM
contractor for their signature
4
Project Manager
When necessary, * contractor-siened agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
® KM
Public Works Contract > $125,000
1/17/2017
Date of Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
1/17/17
® KM
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
1 j�Q IIS
4,
agreement
7
City Attorney
Review and approve insurance in PINS, and bonds
/
'1�
(for Public Works Contracts)
/� "IQ
8
City Manager/ Mayor
Agreement executed by Council authorized official
f _Z Lf- / -7
r__
9
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
i-2 S - /-
►
711 SE Grand Ave
Portland, OR 97214
(503) 230-9862
www.altaplanning.com
Tuesday, January 10, 2017
City of San Rafael
111 Morphew Street
San Rafael, CA 94915-1560
Dir: (415) 485-3408
Attn. Hunter Young
RECEIVED
JAN 1, 7* 2017
PUBLI: 170RKS DEPT.
CITY 0E SAN RAFAEL
Re: 00 2017 013 San Rafael, CA Francisco Boulevard West Multi Use Pathway Second
Street to Anderson Drive
Dear Hunter,
Enclosed are three (3) wet -signed (by two officers) contracts for the above -referenced, as per your request.
Please let us know if you have any questions. Thank you!
Best regards,
Christopher Buckingham
Contract Administrator
Alta Planning + Design, Inc.
711 SE Grand Avenue, Portland OR 97214
Phone: 503.230.9862
Email: christopherbuckingham@altaplanning.com
www.altaplanning.com
TAM AGREEMENT A-FY17-23
FUNDING AGREEMENT
BETWEEN
TRANSPORTATION AUTHORITY OF MARIN
AND
CITY OF SAN RAFAEL
This AGREEMENT is made this %- l day of 4,fvn1t(1r1" ; ` , 2011, by and between
the Transportation Authority of Marin, hereinafter refereed to as "TAM", a local public agency, and the
City of San Rafael, hereinafter referred to as "RECIPIENT", a local public agency.
SECTION 1. RECITALS
1. The Highway 101 Gap Closure Project was constructed to provide continuous carpool lanes in
both directions from Lucky Drive in Corte Madera to the south of North San Pedro Road in San Rafael.
2. TAM was a partner with the State Department of Transportation (Caltrans) in the development
and funding of the Highway 101 Gap Closure project.
3. TAM contributed Transportation Sales Tax (Measure A) foods and State Transportation
Improvement Program (STIP) funds for the completion of the Highway 101 Gap Closure Project.
4. Caltrans returned $3,000,000 to TAM after the Highway 101 Gap Closure Project closed out as
unused credit.
5. TAM issued a Call for Projects on March 30, 2016 that included One Bay Arca Grant (OBAG)
funds, Transportation Fund for Clean Air (TFCA), Transportation Development Act (TDA) Article 3, and
funds from the $3,000,000 unused credit.
6. The TAM Board on September 22, 2016 finalized the allocations of fimds from the unused credit
to various projects, including the project included in this funding agreement.
SECTION 2. PURPOSE OF FUNDING AGREEMENT
This AGREEMENT is entered into by and between TAM and RECIPIENT to document the funding
conditions necessary for the RECIPIENT to comply with applicable law and TAM policies. This
AGREEMENT consists of additional documents stated in these sections as being attached hereto and
incorporated in the AGREEMENT by reference.
SECTION 3. PROJECT DEFINITION AND SCOPE
This AGREEMENT, approved through Resolution 2016-11 of TAM, is made for the following purposes
identified in the RECIPIENT's Project Information Sheet (EXHIBIT A):
Multi -Use Pathway from 2"'r Street to Andersen Drive Project
Additional information on project scope is included in the attached Project Information Sheet.
q-3-1031
Pagel of 7
SECTION 4. GRANT
TAM hereby grants to the RECIPIENT the sum of $250,000.00 as designated in Resolution No. 2016-11
(EXHIBIT B), which is included in this AGREEMENT by reference.
SECTION 5. COST ELIGIBILITY
All costs incurred by RECIPIENT prior to (lie date of execution of this AGREEMENT shall be ineligible
for reimbursement by TAM. While the costs of the Project shall be eligible for reimbursement in
accordance with the terms of this AGREEMENT, the timing and amount of reimbursement will be
subject to TAM's discretion, based on available revenues and other anticipated project requests.
SECTION 6. BUDGET AND SCOPE
RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project and
shall incur obligations against and make disbursements of the grant in conformity with TAM's
requirements and (lie budget.
SECTION 7. PROJECT MANAGEMENT
RECIPIENT shall be responsible for the project and provide management of consultant and contractor
activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget,
consistent with TAM's resolution allocating the grant unless otherwise agreed upon in writing.
SECTION 8. PROJECT OVERSIGHT
RF,CIPIENT shall cooperate with TAIM's project management team and shall provide any requested
project information.
SECTION 9. ATTRIBUTION AND SIGNAGE
If any portion of grant finds is used for production of reports, acknowledgment of the TAM's role shall
be included in the documents. If any portion of grant funds is used for construction, RECIPIENT shall,
upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign at the
construction site identifying TAM (e.g., TAM and RECIPIENT's logos) as a partner. For non -
construction capital purchases funded by any portion of grant finds, RECIPIENT shall affix permanent
signage identifying TAM as a finding source. RECIPIENT shall demonstrate compliance with attribution
and signage requirements as an indispensable condition for authorization of reimbursements for project
expenses.
SECTION 10. PRESS RELEASES
RECIPIENT shall notify TAM in advance of any press releases about project and program activities,
particularly groundbreakings and ribbon cuttings, in connection to grant finds expended from this
AGREEMENT.
SECTION 11. COMPLIANCE WITH LAV
In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep itself fully
informed of the federal, state and local laws, ordinances and regulations in any manner affecting the
Page 2 of 7
performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations
as they may be amended from time to time.
SECTION 12, ENVIRONMENTAL COMPLIANCE
RECIPIENT shall undertake all enviromnental mitigation measures that may be identified as
commitments in applicable documents (such as environmental assessments, environmental impact
statements and reports, and memoranda of agreement) and comply with any conditions imposed as a part
of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated
in this AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary
environmental permits for performance of work.
SECTION 13. FINANCES
All costs charged to the project shall be supported by properly prepared and documented time records,
invoices, or vouchers evidencing in detail the nature and propriety of (lie charges and the basis for the
percentage charged to TAM.
SECTION 14. RECORDS
All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting
documents pertaining in whole or in part to the project shall be maintained by RECIPIENT for a period of
five (5) years after the later of project closeout or termination of grant. Such project documents shall be
clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other
similar documents not pertaining to the project.
SECTION 15. REIMBURSEMENTS
Payment shall be made by TAM for costs reimbursable under the terms of this AGREEMENT. Payment
to RECIPIENT of the grant shall be upon written approval by TAM, upon submittal by RECIPIENT of
appropriate support documentation and identification of expenses incurred.
RECIPIENT may make a request for exceptions in writing. Exceptions may be made at the sole
discretion of TAM. Reimbursement requests, with appropriate documentation, may be submitted on a
regular basis but no more frequently than monthly.
Each reimbursement request shall include RECIPIENT's certification that the amounts sought are only
for project elements included in the Project Information Sheet, and that RECIPIENT is in compliance
with TAM's requirements mentioned in this AGREEMENT.
SECTION 16. ELIGIBLE EXPENSES
RECIPIENT shall expend fiords only on eligible expenses as follows: operating costs, direct staff time
(salary and benefits), consultants; right of way engineering and acquisition costs (including permitting),
and competitively bid construction contracts. Indirect costs (as defined by OVIB Circular A-87) will not
be considered an eligible expense.
TAM shall provide notice to RECIPIENT of any and all expenditures made by RECIPIENT which are
not in compliance with this AGREEMENT promptly after TAM becomes aware of any such expenditure.
Page 3 of 7
SECTION 17. AUDITS
TAM reserves the right at any time to conduct or require a financial or performance audit of the
RECIPIENT'S compliance with this AGREEMENT. TAM will give advance notice of the requirement.
RECIPIENT shall permit TAM, or any of its duty authorized representatives, to inspect all work,
materials, payrolls, and other data and records with regard to the project, and to audit the books, records,
and accounts of the RECIPIENT and its contractors with regard to the project.
SECTION 18. THIRD PARTY CONTRACT AUDITS
TAM reserves the right to request an audit of other third party contracts for any reason. If RECIPIENT is
subject to third party financial audit requirements imposed by another finding source, copies of audits
performed in fulfillment of such requirements shall be provided to the TAM.
SECTION 19. CLOSEOUT PROCEDURES AND PROJECT CLOSEOUT REPORT
Project closeout occurs either when TAM notifies RECIPIENT of the project closeout or forwards to
RECIPIENT the final grant payment. RECIPII'NT shall provide to TAM a Project Closeout Report as
shown in EXHIBIT C with the final reimbursement request. This Project Closeout Report shall include
the total expenditures for the approved scope, revenues from all funding sources applied for the approved
scope of work. RECIPIENT shall provide supporting documentation for expenditures and revenues from
its accounting and financial management system. RECIPIENT shall certify that the amounts sought are
only for project elements included in the Project Information Sheet.
Upon request by TAM or discovery by RECIPIENT, after the project completion date or termination by
TAM, RECIPIENT shall submit a certified financial statement identifying all ineligible expenditures,
which the RECIPIENT shall be required to refund, as well as third party audit reports, in the event that
ineligible expenditures were reimbursed with funds from this AGREEMENT. Project closeout shall
not terminate any continuing obligations imposed on the RECIPIENT by this AGREEMENT.
SECTION 20. RIGHT TO WITHHOLD
If the above items are not provided to TAM by the annual due date and/or such items are found not to be
in compliance with this AGREEMENT, TAM may withhold ft►nds for future allocations from
RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM's satisfaction. While fiords
arc being withheld, all interest on withheld funds shall be retained by TAM as an administrative fee.
SECTION 21. RESCISSION OF AUTHORIZATION OF FUNDS
TAM reserves the right to rescind its authorization of unneeded grant funds prior to, or at the time of,
project closeout. Funds are determined to be unneeded if they are uncommitted at time of project
closeout.
SECTION 22. TERMINATION FOR CAUSE
RECIPIENT agrees that, upon ten (10) working days written notice, TAM may suspend or terminate all
or part of the financial assistance provided herein for failure to correct a breach of this AGREEMENT.
Any failure to make reasonable progress, inconsistency with the Project Information Sheet, unauthorized
use of grant funds as specified in this AGREEMENT, or other violation of the AGREEMENT that
significantly endangers substantial performance of the project shall be deemed to be a breach of this
Page 4 of 7
AGREEMENT and cause for termination. Upon mutual consent, RUCIPIENT will repay TAM any
unexpended fitnds originally provided tinder this Agreement.
SECTION 23. CORRECTION OF BREACH
With respect to any breach, which is reasonably capable of being cured, RECIPIENT shall have thirty
(30) days from the date of notice of breach to initiate steps to cure. If RECIPIENT diligently pursues
cure, such RECIPIENT shall be allowed a reasonable time to cure or by a time established in writing by
TAM.
SECTION 24. LIABILITY
Neither TAM nor any officer or employee thereof, shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by RECIPIENT tinder or in connection with
any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. It is also
understood and agreed that pursuant to Government Code Section 895.4, RECIPIENT shall fully defend,
indemnify and hold TAM harmless from any liability imposed for injury (as defined by Govcrmnent
Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT tinder or
in connection with any work, or jurisdiction delegated to RECIPIENT tinder this AGREEMENT.
Neither RECIPIENT nor any officer or employee thereof, shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by TAM under or in connection with any
work, authority, or jurisdiction delegated to TAM under this AGREEMENT. It is also understood and
agreed that pursuant to Govcrmnent Code Section 895.4, TAM shall fully defend, indemnify and ]told
RECIPIENT harmless from any liability imposed for injury (as defined by Government Code Section
810.8) occurring in by reason of anything done or omitted to be done by TAM under or in connection
with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT.
In the event of concurrent negligence of RECIPIENT and TAM, the liability for any and all claims for
injuries or damages to persons and/or property shall be apportioned under the California theory of
comparative negligence as presently established or as may hereafter be modified.
SECTION 25. OBLIGATIONS
In general, termination of financial assistance under this AGREEMENT will not invalidate obligations
properly incurred by RECIPIENT before the termination date; to the extent those obligations cannot be
canceled.
SECTION 26. INTEGRATION
This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter
thereof. No representations, warranties, inducements or oral agreements have been made by any of the
parties except as expressly set forth herein, or in other contemporaneous written agreements.
SECTION 27. AMENDMENT
Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded
except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT
shall be void and of no effect.
Page 5 of 7
SECTION 28. INDEPENDENT AGENCY
RECIPIENT performs the terns and conditions of this AGREEMENT as an entity independent of TAM.
None of RECIPIENT'S agents or employees shall be agents or employees of TAM.
SECTION 29. ASSIGNMENT
The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the
express written consent of the other party.
SECTION 30. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES
This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TAM or
RECIPIENT as may be the case. This provision shall not be construed as an authorization to assign,
transfer, hypothecate or pledge this AGREEMENT other than as provided above.
SECTION 31. EXPENSES
Each party shall be solely responsible for and shall bear all of its own respective legal expenses in
connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated.
RECIPIENT may not use GRANT finds, or other TAM programmed funds, for the aforementioned
purpose.
SECTION 32. SEVERABILITY
Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond (lie authority of
either party to enter into or carry out, such decisions shall not affect the validity of (lie remainder of this
AGREEMENT, which shall continue in full force and effect; provided that the remainder of this
AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions
of the parties.
SECTION 33. EXHIBITS
The following Exhibits arc hereby made part of this AGREEMENT:
EXHIBIT A: Project Information Sheet
EXHIBIT B: TAM Board Resolution 2016-11
EXHIBIT C: Project Closeout Report (Sample Format)
SECTION 35. ACCEPTANCE OF GRANT
RECIPIENT does hereby declare that all written statements, representations, covenants, and materials
submitted as a condition of this AGREEMENT arc true and correct and does hereby accept TAM's grant
and agrees to all of the terms and conditions of this AGREEMENT. The parties have executed thus
AGREEMENT as of the date first written above.
Page 6 of 7
City of San Rafael:
By:
C F
Pi int Name
Print Title
Approved as to form (optional):
City of San Rafael, At ►ney
Print Name
Transportation Authority Marin (TANI):
;nc4eirifiaiiser, Execi►tive Director
Page 7 of 7
EXHIBIT A
Project Information Sheet
1. Project Sponsor
City of San Rafael
2. Project Title
Multi -Use Pathway - 2nd Street to Andersen Drive
3. Project Description
The project is consists of installing a new multi -use pathway from 2nd Street to Andersen Drive in San Rafael. This
pathway will be installed parallel with the new Sonoma Marin Area Rail Transit system and will include a standard
asphalt pathway with a width that varies from 8 feet wide to 10 feet wide. The project includes the replacement of
one pedestrian bridge which is too narrow, and the installation of a new pedestrian bridge near Invin Street. This
project will require the acquisition for a section of the pathway near Invin and closer to Andersen Drive. Funds will
be used for design of the project.
4. Project Limits
The project limits are From 2nd street to Andersen Drive in Son Rafael. This Multi Use Pathway will cross Irvin
Street and Rice Drive. Improvements at these intersections will include curb ramps, striping and possibly some
drainage modifications. Improvements at 2nd street will include the replacement of an existing pedestrian bridge.
5. Additional project information
This project is supported by (lie Marin County Bicycle Coalition, Transpiration Alternatives of Marin and the San
Rafael Bicycle Pedestrian Advisory group. While the project has not been fully designed, a study of the alternatives
possible for the installation of this pathway near Irvin Street has been developed by Alta Planning group with the
County of Marin as the lead agency. A full analysis of the required Right of Way through the area has not been
established at this time.
6. Project cost, schedule and status
Page 1 of I
Cost
Schedule
Status
Project Phase
Phase Total
Begin
End
% Phase
$ x 1,000
(il-lo/Yr)
(Mo/Yr)
Complete
Scoping/Conceptual Planning
$
60
1/2016
6/2016
50%
Environmental/Prelim. Engineering
$
60
7/2017
3/2018
0%
(PA&ED)
PS&E (Final Design)
$
120
10/2017
8/2018
00/0
Right of Way
$
1,000
7/2017
6/2018
0%
Utility Relocation/Protection
$
200
6/2018
10/2018
0%
Construction
$
800
1/2019
10/2019
0%
Construction Engineering
$
80
1/2019
10/2019
0%
Other (enter phase Barre here)
Total Estimated Costs
$
2,320
Page 1 of I
EXHIBIT B
TAM RESOLUTION NO. 2016-11
RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN (TAM) FOR
THE ALLOCATIONS OF $3,000,000 IN UNUSED FUNDS FROM THE HIGHWAY 101
GAP CLOSURE PROJECT TO TAM, GOLDEN GATE BRIDGE, HIGHWAY AND
TRANSPORTATION DISTRICT (GGBHTD), CITY OF SAUSALITO, MARIN
TRANSIT, MARIN COUNTY, TOWN OF CORTE MADERA, AND CITY OF SAN
RAFAEL
WHEREAS, The Highway 101 Gap Closure Project was constructed to provide
continuous carpool lanes in both directions from Lucky Drive in Corte Madera to the south of
North San Pedro Road in San Rafael; and
WHEARES, The Highway 101 Gap Closure Project, including the multi -use path and
soundwall components, was completed in 2011; and
WHEREAS, TAM was a partner with the State Department of Transportation (Caltrans)
in the development and funding of the Highway 101 Gap Closure project; and
WHEREAS, TAM contributed Transportation Sales Tax (Measure A) funds and State
Transportation Improvement Program (STIP) funds to the completion of the Highway 101 Gap
Closure Project; and
WHEREAS, Caltrans returned $3,000,000 to TAM after the Highway 101 Gap Closure
Project closed out as unused credit; and
WHEREAS, The $3,000,000 unused credit can be programmed on project types that are
eligible for STIP funds; and
WHEREAS, TAM issued a Call for Projects on March 30, 2016 that included One Bay
Area Grant (OBAG) funds, Transportation Fund for Clean Air (TFCA), Transportation
Development Act (TDA) Article 3, and funds from the $3,000,000 unused credit; and
WHEREAS, Forty-two applications were received by May 6,2016; and
WHEREAS, The applications were reviewed, evaluated, and prioritized for funding,
including the unused credit from the Highway 101 Gap Closure Project; now, therefore, be it
RESOLVED, That the Transportation Authority of Marin approves the allocations of the
unused credit from the Highway 101 Gap Closure Project in the amounts of $167,000 to TAM
Page 1 of 2
for Phase 2 of the Marin Sonoma Narrows Project; $250,000 to GGBHTD for the San Rafael
Transit Center Permanent Relocation; $1,000,000 to TAM for the Phillips Drive Pavement and
Streetscape Improvement Project; $156,000 to City of Sausalito for the Gate 6/Bridgeway
Intersection Improvement Project; $340,000 to Marin County for the Sir Francis Drake
Boulevard Signal Coordination Improvements and Signal Controller Upgrade; $311,000 to
Marin Transit for the Downtown Novato Bus Stop Improvement Project; $526,000 to the Town
of Corte Madera for the Tamal Vista Boulevard Corridor Bicycle and Pedestrian Improvement
Project; and $250,000 to the City of San Rafael for the Multi -Use Pathway from 2nd Street to
Andersen Drive; and be it further
RESOLVED, That as a condition of this authorization for expenditure, the Executive
Director shall impose such terms and conditions as are necessary for the project sponsors to
comply with applicable law and adopted Authority policies and execute Funding Agreements
with the respective project sponsors to that effect; and be it further
RESOLVED, That as a condition of this authorization for expenditure, the referenced
project sponsors shall provide the Authority with any other information it may request regarding
the use of the funds hereby authorized.
PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held
on the 22"d day of September 2016, by the following vote:
AYES: Commissioners: Arnold, Campbell, Connolly, Fredericks, Furst, Haroff, Kinsey,
Kuhl, Lucan, McInerney, Moulton -Peters, Phillips, Reed,
Rice, Theodores
NOES: Commissioners: None
ABSENT: Commissioners: Sears
ABSTAIN: Commissioners: None
a l�4 --.
1
Stephanie Moulton -Peters Chair
Transportation Authority of Marin
ATTEST:
Dianne temliauser
Executive Director
Page 2 of 2
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Kevin McGowan
Extension: 3389
Contractor Name: Transportation Authority of Marin (Multi -Use Pathway from 2nd Street to Andersen Drive Project)
Contractor's Contact: Dianne Steinhauser
Contact's Email: dsteinhauser@tam.ca.gov
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) & attachments to City
Click here to
Atty c/o Laraine.Gittens@cityofsanrafael.org
enter a date.
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
Click here to
and return to Project Manager
enter a date.
P
b. Confirm insurance requirements, create Job on
Click here to
PINS, send PINS insurance notice to contractor
enter a date.
❑
3
Project Manager
Forward three (3) originals of final agreement to
Click here to
❑
contractor for their signature
enter a date.
4
Project Manager
When necessary, * contractor -sinned agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
Public Works Contract > $125,000
Date of Council approval 1/17/2017
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City 1/31/17
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed 1/31/17
agreement
7 City Attorney Review and approve insurance in PINS, and bonds N/A
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official 2 _ %17
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager 2 t, 1 7�—
��
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) --> CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 1/17/2017
From: Bill Guerin
Department: Public Works
Date: 12/27/2016
Topic: FRANCISCO BOULEVARD WEST MULTI -USE PATHWAY - SECOND TO
ANDERSEN DRIVE
Subject: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH ALTA PLANNING AND DESIGN FOR THE ENVORONMENTAL &
CONCEPTUAL DESIGN OF THE FRANCISCO BOULEVARD WEST MULTI -USE PATHWAY -
SECOND TO ANDERSEN DRIVE, IN THE AMOUNT OF $246,410
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ❑ Other:
APPROVALS
® Finance Director
Remarks: Approved -Van Bach
® City Attorney
Remarks: LG -Approved 1/10/17. with changes shown.
® Author, review and accept City Attorney / Finance changes
Remarks: KM -Approved 1/11/17
M City Manager
Remarks:
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition: