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HomeMy WebLinkAboutCC RESO 16,126RESOLUTION NO. 16,126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING THE CONTRACT FOR THE BICYCLE FACILITIES PLAN UPDATE TO JHK AND ASSOCIATES AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JHK AND ASSOCIATES WHEREAS, the Engineering Department of the City of National City did, in accordance with City Council direction, solicit proposals from consultants for the Bicycle Facilities Plan Update; and WHEREAS, a proposal for the Bicycle Facilities Plan Update was submitted by JHK and Associates; and WHEREAS, JHK and Associates is experienced in performing bicycle facilities studies for municipalities and has an excellent reputation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Bicycle Facilities Plan Update to: JHK AND ASSOCIATES BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between JHK and Associates and the City of National City for the Bicycle Facilities Plan Update. PASSED and ADOPTED this 21st day of November, 1989. George H. Waters, Mayor ATTEST: r40by 14 r p 3 Lorli.c \. Anne Peoples, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEM4 THE CITY OF NATIONAL CITY AND JHK A ASSOCIATES THIS AGREEMENT is entered into this 27th day of November 1989, by and between the CITY OF NATIONAL CITY, a public body (the "CITY"), and JHK & ASSOCIATES (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish a Bicycle Facilities Plan Update and WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTTFS HERETO DO MUTUALLY AGREE AS FOLLOWS: I. MPLOYMMT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth, in accordance with all terms and conditions contained herein. The CONSULTANT represents that all professional services required hereunder will be performed directly by the CONSULTANT, or under direct supervision of the CONSULTANT. II. SCOPE OF SERVICES. THE CONSULTANT will perform services as set forth in the attached Exhibit "A" (Scope of Work). Work to be done by others is set forth in the attached Exhibit "B". Consultant services requiring court appearances are not considered a part of the normal work subject to compensation and payment listed in Section IV. Rem 16, Ja4' Rev. 11/14/89 pr1.ga.l -1- The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff, Planning Commission and City Council advised of the progress on the project. III. PROJECT COORDINATION AND SUPERVISION. The City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director, to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Michael Connors hereby is designated as the Project Director for the CONSULTANT. IV. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include 1ih-r classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall be paid for at the rates given in Exhibit 'b" with the total cost not to exceed $24,219.40 without prior written authorization fran the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the Exhibit "A" (Scope of Work) as determined by the CITY. V. LENGTH OF CONTRACT. Completion dates or time durations for specific portions of the project are set forth in Exhibit "C". The contract between the CONSULTANT and the CITY will be terminated upon completion of the work as set forth in Exhibit "A". Rev. 11/14/89 -2- VI. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS. CONSULTANT agrees that all original drawings, reports, field and office notes, calculations, maps and other documents, shall be turned over to the CITY prior to the completion of the PROJECT. VII. INDEPENDENT CONSULTANT: Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. CONSULTANT is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including but not limited to 4-4 medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of CONSULTANT and CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by CONSULTANT without the prior written consent of the CITY ENGINEER. Nothing herein contained is intended to prevent CONSULTANT from employing or hiring as many employees as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. VIII. CONTROL Neither CITY nor officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employee's except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to CITY wholly independent CONSULTANTS and that the CONSULTANT'S obligations to CITY are solely such as are prescribed by this Agreement. Rev. 11/14/89 -3- IX. COMPLIANCE WITH APPLICABLE LAW: CONSULTANT, in the performance of the services to be provided herein, shall comply with all statutes, State or Federal, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. X. STANDARD PROVISIONS. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to insure that applicants are employed without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. The CITY may terminate this Agreement at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. The CONSULTANT may terminate this Agreement, with the mutual consent of the CITY, at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT shall be paid for all effort and material expended on behalf of the CITY under the terms of this Agreement, up to the effective date of termination. In the event of litigation over the performance of this Agreement, the prevailing party shall be entitled to attorney's fees and costs incurred during the course of litigation. Rev. 11/14/89 -4- XI. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONSULTANT hereby agrees to indemnify and hold harmless CITY, its officers, and employees, from and against liability, damages, costs, losses, claims and expenses, resulting directly from CONSULTANT'S negligent performance of this agreement (including, but not limited to such liability, cost, damage, loss, claim, or expense arising from the death or injury to an agent or employee of CONSULTANT, subcontractor, or of CITY; or damage to the property of CONSULTANT, subcontractor, or of CITY, or of any agent or employee of CONSULTANT, subcontractor, or of CITY), except where such liability, damages, costs, losses, claims or expense are caused by the negligent or wrongful acts of CITY or any of its agents or employees including negligent omission or commissions of CITY, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. XII. WORKER'S COMPEISATION Consultant shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this agreement. Rev. 11/14/89 -5- XIII. INSURANCE In addition to the Worker's Compensation insurance and CONSULTANT'S agreement to indemnify CITY, CONSULTANT shall furnish to CITY and maintain in force until the completion of PROTECT a policy of general liability insurance in which CITY is named as an additional insured. The policy shall indemnify CITY, its officers and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with PROTECT. The policy shall provide coverage in not less than the following amounts: Combined single limit lily injury and/or property damage of $300,000 per occurrence. Such insurance coverage which may be applicable to the loss shall be deemed excess coverage and CONSULTANTS insurance shall be primary. CONSULTANT shall also furnish to CITY and maintain in force until the completion of PROTECT a policy of Errors and Omissions Insurance for $100,000. A certificate of all such insurance policies required by this agreement shall be delivered to the Engineering Department prior to the carmencement of any work. No such insurance shall be cancelled or modified without thirty (30) days' prior written notice to CITY. XIV. OTHER CONSIDERATION. Nothing contained herein shall prevent CONSULTANT from carrying on its usual business, including the performance of other additional services for the CITY, should the CITY desire additional services, nor fran performing similar services for other agencies, cities, districts or public or private entities. XV. CONTENT. This Agreement sets forth the entire understanding of the parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. Rev. 11/14/89 -6- XVI. NOTICES. All communications to either party by the other party shall be deemed made when received by such party at its respective name and address, as follows: Mayor/City Engineer City of National City 1243 National City Boulevard (Signature) William R. Reilly Consultant Name JHK & Associates National City, Ca 92050 Address 2702 N. 44th Street, Suite 102A Phoenix, Arizona 85008 (602) 954-0383 Telephone Number (602) 955-6127 Fax Number IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Agreement as of the date first written above. CITY OF NATIONAL CITY CONSULTANTS NAME BY: /s GeorgeWaters, Mayor ATTEST: BY: Lori Peoples, City Clerk By: JHK & Associates APPROyED AS TO F George H. Eiser, III City Attorney :Rev. 11/14/89 -7- EKHIBIT "A" SCOPE OP WORK TASK 1 - P% J 'r INITIATION AND RESEARai The purpose of this task is to fully lay the foundation for the successful completion of this study. First, the JHK Project Manager will meet with the City's Traffic Engineer to review the Scope of Work proposed by JHK. Any refinements can then be made. Close contact will be maintained throughout the study with the Traffic Engineer. JHK would then conduct a thorough field review of the bike trails system shown in the existing City of National City Bicycle Route Facilities Plan and the Bicycle Section of the National City General Plan. A meeting with Planning Department personnel to gain further insight into the latest thoughts on bicycles in the two plans plus bicycle facilities being provided as part of other developments, would also be held. Bicycle accident data, provided by the City, will be reviewed. The Consultant will also incorporate CALTRANS and SANDAG design standards for bicycle facilities into a set of standards for National City. Page 1 of 4 TASK 2 - PRFd,II+II24ARY Based upon the information gathered in the first task, a preliminary Bicycle Plan would be prepared starting with the existing and planned system and supplementing with other routes using drainage channels and streets. Bicycle facilities would be defined by type of user, potential grade separations would be located, and possible joint use areas would be identified. Future parts of the system will be determined following a review of existing and proposed land uses, and future streets and highways, as defined in the National City General Plan. This plan will be presented at a public meeting approximately 30 days after the start of the study. TASK 3 - ENGINEERING REVIEW An engineering feasibility study of the system is to be conducted in this task. Each route identified in the preliminary plan would be reviewed in the field. Topography or other constraints would be identified. Alignment alternatives would be assessed. The feasibility and necessity of bridges and grade separations would be documented. Right-of-way and easement status would be determined in the field and through city records. Existing accidents records will be reviewed to determine the need for various safety upgrades. Also, comimuzity environmental impacts and possible mitigation measures will be included. Page 2 of 4 TASK 4 - DESIGN ELEMENTS Using available CALTRANS or SANDAG standards as a base, design elements will be prepared. Typical cross -sections, landscaping, furniture, and signing concepts, road construction materials, and vertical and horizontal alignment criteria will be established. TASK 5 - RE0141ENDED SYSTEM Based upon the Traffic Engineer's review of Task 3, and the public input received in Task 2, a recommended Bicycle System Plan will be prepared. The plan will identify all Class I, II, and III facilities, design concepts for special features such as grade separations, right-of- way requirements, and the general location and size of bicycle storage facilities. Landscaping and amenity elements will be identified for different segments of the plans. The plan will include cost estimates for all elements separately. Costs will include the facility itself, right-of-way, landscaping, storage facilities, and other amenities. These elements and costs may be modified by City of National City staff in the future using the computer database to be included as a product of this study. TASK 6 - IMPLEMENTATION PROGRAM Working with the City Traffic Engineer, a phased development program will be prepared. Projects will be prioritized and programmed on a yearly basis with a reasonable funding level assumption. Page 3 of 4 TASK 7-FINAL REPORT The final report will provide complete documentation of the study including the final recommended plan and implementation program. The computer database will be included with the submittal of the final report. JHK staff will prepare and provide a final presentation on the plan to the National City City Council. The budget in this proposal includes provisions for this presentation. Any additional presentations, other than project coordination meetings or the public meeting schedule in Task 2 meetings, will be negotiated as required by City staff. Page 4 of 4 EXHIBIT "B" NOT APPLICABLE WELK :.....:...:. ...:::...::..:......:....:.. ....... . 1 2 5 6 is ;> 8 Si ... 10 ;. T 12 1. PROJECT INITIATION 2. PRMAMMARY SYSTEM' 3. ENGINEERING REVIEW 4. DESTGT1 ELEMENTS >:: ;:> 5. RECOMMEND SYSTEM IMPLEMENTATION 'ROGRAj �rrr�rNw 7. FINAL REPORT EXHIBIT "C" PROJECT SCHEDULE jhk & associates Staff Hours Cost of Service Total Cost Michael Connors 80 $83.00 $ 6,640 Daniel Marum 20 62.00 1,240 Michael Penic 180 42.00 7,560 Technicians/ Graphics 100 31.40 3,140 Secretarial 120 32.00 3,840 Total Labor $22,420 Directs Travel 600 Subsistence 300 Reports, Reproduction, Communications 1,000 Total Directs $ 1,900 TOTAL $24 , 320 APPENDIX D CONSULTANT BILLING RATES