HomeMy WebLinkAbout09. Approve PSA w-Dixon Resources Unlimited for Annual Downtown Parking AssessmentItem i
APPROVED _ Y
TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY
MANAGER
FROM: OFFICE OF THE CITY MANAGER
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENf
DATE AUGUST 28, 2018
SUBJECT: ANNUAL DOWNTOWN PARKING ASSESSMENT - PROFESSIONAL
SERVICES AGREEMENT WITH DIXON RESOURCESl
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Professional Services
Agreement with Dixon Resources Unlimited to provide an annual Downtown Parking
Assessment for an amount not to exceed $20,670.
Dixon Resources Unlimited (DIXON) was retained by the City of Downey to develop a long-term
parking strategy that identified the feasibility of different parking strategies, technologies and
tools that will maximize the utilization and effectiveness of both on- and off-street parking
throughout the Downtown area. This strategy was presented to the City Council in May 2017.
As part of the implementation of the long-term parking strategy, it was recommended that the
City undertake an annual parking assessment to monitor vehicle space capacity and to
determine if additional action is required to guide the growth of downtown. With the new
development that has, and is projected to, occur in Downtown Downey, it is important to monitor
the available parking.
The parking assessment will include counting the number of vehicles parked on the street and
within the public parking lots. Dixon will conduct two days of parking occupancy. Data
collection will occur in September 2018 to ensure the most accurate counts through peak
capacity (i.e., school is in session, no holidays, and people typically are not on vacation.) This
data will be analyzed and Dixon will provide a summary report of the data collection and
analysis. Additionally, Dixon will present the findings of the data collection and analysis to the
Planning Commission and City Council. It is anticipated that the project will take four months to
complete, including the presentations to the City. The not to exceed cost for the parking
assessment is $20,670.
Efficiency & Adaptability
Economic Vibrancy
ANNUAL DOWNTOWN
AUGUST 28, 2018
PAGE 2
FISCAL IMPACT
ATTACHMENTS
Attachment A - Professional Services Agreement� Dixon Resources Unlimiten
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH DIXON RESOURCES UNLIMITED
R111110rITLI
PARTiEs AND DATE '
This Agreement is made and entered into this day of 2018 by and
between the City of Downey, a California municipal corporation and charter city with its
principal place of business at 11111 Brookshire Avenue, Downey California 90241 ("City")
and Dixon Resources Unlimited a California corporation, with its principal place of business
at 3639 Midway Drive, Suite B345, San Diego, CA 92110-5254 ("Consultant"). City and
Consultant are sometimes individually referred to as "Party" and collectively as "Parties,"
PENEF.q7Z�
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional parking assessment services for the City's Downtown area required by City o
the terms and conditions set forth in this Agreement. Consultant represents that it has
demonstrated competence and experience in providing parking assessment services for t
City's Downtown area to public clients, is licensed in the State of California, and is familiar
with the plans of City. I
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3.1.1 Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional parking assessment services for
the City's Downtown area necessary for the Project ("Services"). The Services are more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference, All
Services shall be subject to, and performed in accordance with, this Agreement, the exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and
federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from September 1, 2018 to
June 30, 2019 ' unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules
and deadlines. The term of this Agreement may be extended by written amendment to this
Agreement signed by the City Manager and the Consultant,
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302.8 staitd6td • C`6ri6; Peffbim466& of 864616voes. Consultant shall •' '•
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed • professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its
•: cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub -consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
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• and shall not •- re-employed to perform any • the Services • to • • the
Project.
329 Laws, and Consultant shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by • and in any manner affecting the
performance • the Project or the Services, including all applicable Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection With Services. If the Consultant performs any •
knowing it to be contrary to such laws, rules and regulations and without giving written notice
to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents
free
• harmless, pursuant to the applicable indemnification provisions • this Agreement,
from any claim or liability arising out of any failure or alleged failure to comply with such laws,
rules
• ::• • violation • such laws, rules and regulations shall also
constitute a material breach of this Agreement.
3.2.10 Insurance,
3.2.10.1 Time for Cbfh�liande� Consultant shall not commence the
Services or the Project under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
12.102 Min imum,ELeguirOMentt. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance .•.i: claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement, the Services or the Project by the Consultant, its agents,
representatives, employees or subcontractors. Consultant shall also require all of its
subcontractors to procure and maintain the same insurance • the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) MinjrnumScopqofjnsurante� (1)Commercial General
Liability (CGQInsurance Services Office Form CG 00 01 covering CGL on an "occurrence�
basis including products and completed operations, property damage, bodily injury and
personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form
•- CA 0001 covering •r- 1 (any auto) • if • • no autos, •• 8 -• and 9 (non -owned); and (3) Workers' Compensation : Workers' Compensation insurance asi
required by the State of California with Statutory Limits; and (4) Employer's Liability
Insurance.
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(B) )&alwof 8ubroga�on. Consultant hereby grants to City a
waiver of any right to subrogation which any insurer of said Consultant may acquire against
the City by virtue of the payment of any loss under said insurance policies set forth herein.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
(C) All COVI�. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, vo de
reduced or canceled except with written notice by certified mail, return receipt requested to
the City; and (B) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers.
3210.5 Prima[y CoIa. For any claims related to this
Agreement, the Consultant's insurance coverage shall be primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its directors, officials, officers� employees, agents and volunteers shall
be excess of • - and shall notbe called upon t• contribute
any way.
• i ':• ' • •' t • • i • :1: • ' - • •LM•.:- • is
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City reserves the right to require complete, certified copies of all required insurance policie
including endorsements, at any time. i
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Consultant
must purchase extended reporting coverage for a minimum of five (5) years after completion
of the Services under this Agreement.
12.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant sha
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffold
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
3.3.1 )COMP�ens6tion. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "C" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Twenty -Thousand Six -Hundred Seventy ($20,670.00)
without written approval of the City. Extra Work may be authorized, as described below 1 an
if authorized, said Extra Work will be compensated at the rates and manner set forth in this
Agreement. I
gh 4 n Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within thirty (30) days of receiving
such statement, review the statement and pay all approved charges thereon.
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3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in Writing by City.
3.3.4 ExtraWbrk. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from the City Manager.
F. ".
3.4.1 MAJJn�hdd Ahd lb�dbtio. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall allo
inspection of all work, data, documents, proceedings, and activities related to the Agreeme
for a period of three (3) years from the date of final payment under this Agreement.
3.5.1.1 "Grounds for Tbtmin6ti6h. City may, by written notice to
Upon termination, Consultant shall be compensated only for those services which
have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. The City shall within fifteen (115) calendar days following termination pay the
Consultant for all services adequately rendered and all reimbursable costs incurred by
Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
Suspension of the Project or the Consultant's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Deliverer of,Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
mo
Dixon Resources1, n limited
• • Midway Drive, Suite
San •• CA 92110-5254
• ,-716-6933
Attn: Julie Dixon,
City of Downey
11111 Brookshire Avenue
D• -y, California91
•, • 904-7286
Attn: City Manager
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Eii
Such notice shall be deemed made when personally delivered or
when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid
and addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service,
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6 ilege, or service voluntarily given or performed b a Party shal give t e ot er a y any
privi y
contractual rights by custom, estoppel, or otherwise.
3,5.16 No Third ere are no r-• third •.
beneficiaries of any right or obligation assumed by the Parties.
3 5 17 InMafiolt
yLSqN��� If any portion of this Agreement is declared
invalid, illegal, •; otherwise unenforceable • a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other t an a• •'.: e • oyee wor ing
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed • pay any company or person, other than a bona fide
IN
In the event of any conflict, inconsistency, or incongruity between any provision of th
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control. I
CITY OF DOWNEY,
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and charter city
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City Clerk
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•-ESOURCES UNLIMITED
corporation
Secretary
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VY Attorney Legal Counsel
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EXHIBIT "A"
SCOPE OF SERVICES
This scope of services is an extension of the Dixon Resources Unlimited (Dixon) Parking
Roadmap Study's recommendations. Consultant shall conduct an annual parking occupancy
count, using the existing methodology for data collection to monitor average vehicle space
occupancy throughout Downtown. The data collection shall include the Downtown on -street
study area, City -owned off-street surface lots and the Parking Structure (as outlined below).
The scope of work shall include:
1. Consultant shall conduct two days of parking occupancy counts within the study area
during a timeframe to be mutually agreed upon with the City. The study area shall
include the following areas:
2. Consultant shall provide an analysis of the data collected.
3. Consultant shall submit to the City for review and approval a summary report of the
data collection and analysis.
4. Consultant shall provide two (2) presentations of the data collection findings to the
City.
SCHEDULE OF
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