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HomeMy WebLinkAboutPW Lifeline Transportation Phase IIAgenda Item No: 3f. Meeting Date: December 5, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works y .rte Prepared by: Manager Approval �� 4.64_ b` Director of Public Works (LB) File No.: 18.10.17 SUBJECT: A Resolution accepting a proposal from Gannett Fleming for design assistance on the Lifeline Transportation Program (LTP) Canal Neighborhood Transit and Pedestrian Access and Safety Improvements — Phase II Project and authorizing the Public Works Director to enter into a professional services agreement with Gannett Fleming in the amount of $148,703. RECOMMENDATION: Adopt Resolution BACKGROUND: The Lifeline Transportation Program (LTP) is administered by the Metropolitan Transportation Commission (MTC) and is a state funded program that supports projects to improve mobility and accessibility for residents in low-income communities. Transportation Authority of Marin (TAM), as the Congestion Management Agency for Marin County, administers the Marin County Component of the regional program aimed at nine counties in the Bay Area. In October 2008, staff submitted a grant application for the Canal Neighborhood Transit & Pedestrian Access and Safety Improvement Phase IL Because the Golden Gate Bridge, Highway and Transportation District (GGT) is the only organization within the County of Marin that is eligible to receive LTP funds, on February 22, 2011 City Council approved Resolution No. 13112 authorizing the Public Works Director to execute a Memorandum of Understanding (MOU) with GGT which allows the City to receive the grant funds for the design and construction of the Cycle 2 improvements. Projects funded through the LTP are intended to address locally prioritized transportation gaps and barriers with new or expanded services, or improved transportation choices, which provide low-income communities a "lifeline" to access employment, services, and other activities that are considered essential to daily life. The construction of the first phase of the Lifeline Transportation Program was completed in June of 2011 and included the construction of bulb -out sidewalks, curb and gutter and storm drain modifications along Canal Street at four intersections including Larkspur Street, Novato Street, Fairfax Street and Sonoma Street. The phase 2 project, which is funded separate from the phase I work, will continue the same type of improvements on Canal Street and Kerner Boulevard at the following seven intersections: i' • File No.: Council Meeting: 1 t Disposition: (tom S REPORT / Pa2e: 2 ■ Canal Street & Lido Lane ■ Canal Street & Amalfi Place ■ Canal Street & Capri Court ■ Kerner Boulevard & Larkspur Street ■ Kerner Boulevard & Novato Street ■ Kerner Boulevard & Fairfax Street/Bahia Way ■ Kerner Boulevard & Sorrento Way & Canal Street Each of these intersections has a transit stop with a high pedestrian and transit use. ANALYSIS: The Department of Public Works solicited for design proposals and received seven proposals from qualified firms on October 17, 2011. All the proposals were evaluated by City staff based on criteria specified in the request for proposals (RFP), including but not limited to project understanding, commitment to the schedule and previous experience. Four firms were selected for interviews which were conducted on November 16,° 2011 with panel members consisting of City staff. Due to the fact that all applicants were well qualified, it was exceptionally difficult to narrow down a preferred design firm for this project. However, after some deliberation, the panel selected Gannett Fleming as the most qualified consultant for this project. FISCAL IMPACT: The total approved grant amount for design and construction of this project is $644,800. As the project sponsor, GGT requires 4% of the above budget to administer the STA Proposition 1B funding leaving a total of $619,408 available to the City for design and construction. The STA Proposition IB funding requires a local match of $155,000 which gives a total project budget of $774,408. The proposal from Gannett Fleming in the amount of $148,703 falls within the approved amount. OPTIONS: The Council may choose to not authorize the Director of Public Works to enter into a Professional Services Agreement with Gannett Fleming and to reissue the request for proposals. ACTION REQUIRED: Adopt the resolution allowing the Public Works Director to enter into a Professional Services Agreement with Gannett Fleming for design of the Canal Neighborhood Transit and Pedestrian Access and Safety Improvements Project. Enclosures 1. Resolution 2. Agreement 3. Exhibit A 4. Exhibit B RESOLUTION NO. 13273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A PROPOSAL FROM GANNETT FLEMING FOR DESIGN ASSISTANCE ON THE LIFELINE TRANSPORTATION PROGRAM (LTP) CANAL, NEIGHBORHOOD TRANSIT AND PEDESTRIAN ACCESS AND SAFETY IMPROVEMENTS — PHASE II PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH GANNETT FLEMING IN THE AMOUNT OF $148,703 WHEREAS, the Lifeline Transportation Program was established by the Metropolitan Transportation Commission ("MTC") to fund projects to improve mobility for low income residents and to address transportation gaps and/or barriers identified in Community - Based Transportation Plans; WHEREAS, Transportation Authority of Marin and the City of San Rafael developed a Community Based Transportation Plan for the Canal neighborhood in 2006, which was funded by the Metropolitan Transportation Commission, and the plan assigned very high priority to pedestrian facility improvement projects as the Canal neighborhood is a community that generates a high number of pedestrian trips; and WHEREAS, the City applied for Lifeline Transportation Program funding for pedestrian -related improvements at seven intersections on Canal Street and Kerner Boulevard in the Canal neighborhood; and WHEREAS, Golden Gate Bridge, Highway and Transportation District (GGT) is the only organization within the County of Marin that is eligible to receive LTP funds; and WHEREAS, the City has signed a Memorandum of Understanding (MOU) with GGT which allows the City to receive the grant funds; and WHEREAS, the proposed project is designed to address high priority issues identified in the transportation plan; and WHEREAS, the City staff found that design services from a qualified consultant will be required for this project; and WHEREAS, the most qualified consultant team is Gannett Fleming, with a fee in the amount of S 148,703 (technical proposal attached as Exhibit A); NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Professional Scope of Services for Gannett Fleming, as attached hereto, is accepted and Council does hereby authorize the Public Works Director to enter into Professional Services Agreement with Gannett Fleming for professional services listed in Exhibit "A", in a form approved by the City Attorney and in the amount of S 148,703. IN Im IT IS FURTHER ORDERED AND RESOLVED, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. 1, 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 5"' day of December, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 18.10.17 Im AGREEMENT FOR PROFESSIONAL SERVICES WITH GANNETT FLEMING FOR THE CANAL NEIGHBORHOOD TRANSIT AND PEDESTRIAN AACCESS AND SAFETY IMPROVEMENTS PROJECT This Agreement is made and entered into this 5t" day of December, 2011 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and Gannett Fleming (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that certain specialized professional services are required for the Canal Neighborhood Transit and Pedestrian Access and Safety Improvements Project (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION A. CITY. The Public Works Director shall be the representative of the CITY for all purposes under this Agreement. The Public Works Director is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR, Kam Shadan is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated October 17"', 2011 marked Exhibit "A" attached hereto, and incorporated herein by this reference. CONTRACTOR agrees to be available and perform the work specified in this Agreement in the time frame as specified and as shown in Exhibit "A". 3. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "B" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "B". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. complete. 5. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is 6. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. ?. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. S. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its Agreement • 2 performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE A. During the term of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the following insurance policies: L A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 10A, shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies, Agreement • 3 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8 The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the CITY's Attorney. C If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION (a) Except as provided in Paragraph (b), CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. (b) Where the services to be provided by CONTRACTOR 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, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, Liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. Agreement • 4 12. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing andgivenby personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Nader Mansourian, (Project Manager) City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Kam Shadan (Project Director) Gannett Fleming 591 Redwood Highway, Suite #5220 Mill Valley, CA 94941-3064 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the Agreement • 5 CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, Licenses, assessments, unpaid checks or other amounts. 19. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. Agreement • 6 20. COSTS AND ATTORNEY`s FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL NADER MANSOURIAN Public Works Director ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney File No.: 18.10.17 GANNETT FLEMING By. �. Title: r,�`/ C e Agreement • 7