HomeMy WebLinkAboutCC Resolution 9573 (Freitas Pkwy Interchange Technical Analysis)RESOLUTION NO. 9573
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ACCEPTING THE SCOPE OF SERVICES FOR CH2M HILL TO PROVIDE
TECHNICAL ANALYSIS TO REFINE THE DESIGN OF THE FREITAS PARKWAY
INTERCHANGE AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
ENTER INTO AN AGREEMENT WITH C112M HILL FOR THIS TECHNICAL
ANALYSIS IN AN AMOUNT NOT TO EXCEED $35,003.
WHEREAS, on October 17, 1994, City Council accepted and approved the
proposal from CH2M Hill to perform alternative studies for the Freitas Interchange; and
WHEREAS, on November 21, 1994, City Council approved the
participation list for the Freitas Interchange Advisory Group; and
WHEREAS, on September 18, 1995, City Council approved the
recommended alternative selected by the Advisory Group and directed staff to reconvene
the Advisory Group to fine tune the design, consider modifications to reduce the project
costs, identify funding options and determine if an interim design is necessary.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that the Scope of Services for C112M Hill to provide technical analysis to
refine the design of the Freitas Parkway Interchange is acceptable.
IT IS FURTHER RESOLVED that the Council does hereby authorize the
Public Works Director to enter into an agreement with CH2M Hill for this technical analysis in
an amount not to exceed $35,003.
I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City on the 1 st day of Aoril, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE 1 M. ALE CINI, City Clerk
0 R 11"il I N A I
AGREEMENT
FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this A S� day of A- + L- 199 by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CI -12M HILL (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that consulting services are required to reconvene
the Freitas Interchange Advisory Group to fine tune the design, consider modification to reduce the
project costs, identify funding options and determine if an interim design is necessary; and
WHEREAS, the CONTRACTOR has offered to render certain specialized professional
services in connection with this Project; and
WHEREAS, Resolution No. 9573 authorized the Public Works Director to enter into an
Agreement with the CONTRACTOR for this technical analysis in an amount not to exceed $35,003.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. DEFINITIONS.
2. PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for all
purposes under this Agreement. The 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. Steve Castleberry 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 five (5) business days of the substitution.
COPY
3. DUTIES OF CONTRACTOR
CONTRACTOR shall perform the duties and/or provide services as follows; the
CONTRACTOR' agrees to provide professional services as an Engineering Consultant to provide
technical analysis to refine the design of the Freitas Interchange, as outlined in the Proposal from
CONTRACTOR dated March 20, 1996, marked Exhibit "A", attached hereto, and incorporated herein by
this reference. The CONTRACTOR agrees to be available and perform the work specified in this
agreement in the time frame as specified and as shown in Exhibit "A".
4. DUTIES OF THE CITY
CITY shall perform the duties as described in Exhibit "A" attached hereto and
incorporated herein.
5. COMPENSATION
For the full performance of the services described herein by CONTRACTOR,
CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with
the rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein.
The total payment made for any individual work task will not exceed the amounts shown on the Proposal
Budget, set out in Exhibit "A".
Payment will be made monthly upon receipt by PROJECT MANAGER of
itemized invoices submitted by CONTRACTOR.
is complete.
6. TERM OF AGREEMENT
The term of this Agreement shall be from the date of execution until the Project
7. TERMINATION
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other 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.
Agreement • 2
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.
8. OWNERSHIP OF DOCUMENTS
The written documents and materials prepared by the CONTRACTOR in
connection with the performance of its duties under this Agreement, shall be the sole property of CITY.
CITY may use said property for any purpose, including projects not contemplated by this Agreement.
9. INSPECTION AND AUDIT
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its
agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in
connection with its performance of its duties under this Agreement. CONTRACTOR shall fully
cooperate with CITY or its agent in any such audit or inspection.
10. ASSIGNABILTY
The parties agree that they shall not assign or transfer any interest in this
Agreement nor the performance of any of their respective obligations hereunder, without the prior
written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or
obligations arising hereunder shall be void and of no effect.
11. INSURANCE
A. During the term of this Agreement, CONTRACTOR, shall maintain, at no
expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount
of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property
damage;
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of one
million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of
services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall
also meet the following requirements:
Agreement • 3
1. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution;
2. Except for professional liability insurance, the insurance policies shall
be endorsed for contractural liability and personal injury;
3. Except for professional liability insurance, the insurance policies shall
be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named
insureds under the policies;
4. CONTRACTOR shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies;
5. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon
thirty (30) days written notice to CITY's PROJECT MANAGER;
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than five
years;
7. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement;
8. The insurance shall be approved as to form and sufficiency by
PROJECT MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws and
regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries
to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance
policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At
CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of
losses and related investigations, claims administration, attorney's fees and defense expenses.
12. INDEMNIFICATION
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its
officers, and employees, against any claim, demand, suit, judgement, loss, liability or expense of any
kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or
Agreement • 4
omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and
employees in the performance of their duties and obligations under this Agreement.
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.
14. COMPLIANCE WITH ALL LAWS
CONTRACTOR shall observe and comply with all applicable federal, state and
local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these
laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold
harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines
and all other consequences from any noncompliance or violation of any laws, ordinance, codes or
regulations.
15. NO THIRD PARTY BENEFICIARIES
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to
create in any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
16. NOTICES
All notices and other communications required or permitted to be given under
this Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties
intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed,
upon the date of deposit with the United States Postal Service. Notice shall be given as follows:
Agreement • 5
TO CITY: Mr. David M. Bernardi
(Project Manager)
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Mr. Steve Castleberry, P.E.
(Project Director)
CH2M Hill
P.O. Box 12681
Oakland, CA 94604-2681
17. INDEPENDENT CONTRACTOR
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its
officers, agents and employees shall act in the capacity of an Independent Contractor, and not as
employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of
an employee of CITY.
18. ENTIRE AGREEMENT -- AMENDMENTS
A. The 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 CONTRACT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or
modified except by a written amendment to this Agreement signed by the CONTRACTOR and the
CITY.
E. If any conflicts arise between the terms and conditions of this
Agreement, and the terns and conditions of the attached exhibits or the documents expressly
incorporated by reference, the terms and conditions of this Agreement shall control.
Agreement • 6
19. SET-OFF AGAINST DEBTS
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR. under this Agreement, any monies which CONTRACTOR owes CITY under any
ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid
checks or other amounts.
20. WAIVERS
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of
any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by
the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or
regulation.
21. COSTS AND ATTORNEY's FEES
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
22. CITY BUSINESS LICENSE/OTHER TAXES
CONTRACTOR shall obtain and maintain during the duration of this
Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR
shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer
identification number is 59-0918189, and CONTRACTOR certifies under penalty of perjury that said
taxpayer identification number is correct.
23. APPLICABLE LAW
The laws of the State of California shall govern this Agreement.
Agreement - 7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
Title: U L��,�C,
Director of Public Works
ATTEST:
City Clerk
APPROVED AS�T-OfORM:
City Attorney r
Agreement • 8
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Freitas Parkway/U.S.101 Alternative Study
Scope of Services for Technical Analysis EXH B
In January 1995, the City of San Rafael commissioned an advisory team comprised of local
msidents. business owners, City staff, Caltrans and various othex stakeholders to evaluate
interwetion improvements at Fm:itas Parkway and U.S. 101. CH2M HILL was retained to
provide public participation and tedWcal services for the advisory team to evaluate various
intersection configurations.
Traffic congestion has increased over the years with the devclopmeot of parcels along the:
hw age roads. There are safety concerns for both vehicle and pedestrians at this location.
Currently the City has impmvements under construction which will improve the operation of
this intersection for at least the sheet tarn, but with continuing development in the area it
became evident that long tern solutions should be identified and evaluated.
A process was developed to establish a common goal. develop a sd of criteria, evaluate
alternatives, brainstorm alternatives and select a pmfi mrcd altemativm The advisory team
evaluated twelve alternatives for improvements to this intersection and unanimously agreed
upon a single alternative and recommended this alternative to the City Council for
implementation.
The City Carnal recommended the prefer ed alternative be studied further to identify
possible cost reductions in the; design elements, develop interim phasing of the project and
review of possible iihnding sources. The following scope of work desed'bes the proposed
workplan to accomplish these taslim.
Task 1 Technical Analysis
CONSULTANT shall perform additional ftchnical analysis to identify cost reductions. The
technical analysis shall include evaluating design modifications that will reduce the cost of
the project, and calculating the Coat of various supplemental design elements.
Meet with calk -Am
At the completion of the last phase of work, Caltrans made aevcral recommendations
regarding future alternatives to be studied. CONSULTANT shall meet with Caltrans to
review and clarify these recommaodations.
Analyze Calttraw Alternative
Calthuas has suggested an additional alternative for consideration. CONSULTANT shall
prepare a planning level layout of the alternative and costs for Us layout
Trade Analysis
The traffic analysis for various lane configurations will be pefomoed by the CLTY
CONSULTANT shall provide lane configuration options to the CITY for evaluation. The
traffic analysis will include evaluation of traffic operations for the baseline condition, shoat
term (3-5 yrs.), ane general plan buildout. The CITY will pro,.je the morning movenocat
volumes from the most current model including the northbound on-ramp and Merrydale
overcrossing.
Alternative Modifications
CONSULTANT shall evaluate modifications to the recommended alternative to lower the
project costs such as shifting Redwood sway closer to ft Civic Cents intersection,
realigning the ramps and frontage roads to reduce earthwork., ,,, , .., i ants and retaining
walls heights, and evaluating use of st=ucWre, in place of earthwork and retaining walls. The
awdificatioas shall be hand drafted at 1 "=40'. Profiles and cross sections will be scaled off
the roadway layout.
The modW=mons shall be prose vted to the CTTY. The modifications will adhere to Caltrans
standards. Meetings with Caltrans and preparation of design exceptions at not included in
this scope of work.
Cost Opinions
CONSULTANT shall prepare cost opinions reflecting the major elements of work for the
most cost effective alternative. The quantities shall be arr....,:..,ate only and based on the
major elenunts of work such as length and width of structures, cubic yards of earthwork,
square feet of paving and height and length of retaining walls. The quantities and costs
shall also be calculated for variatians to the preferred alternative based an the inclusion of
supplemental fadlities stuh as bike lanes, park and rides, bus slip ramps and traffic control
during staged construction. Urdt costa shall be based on costs ani similar items of work oat
recent projects.
Task 2 Advisory Team Meetings
CONSULTANT shall schedule. setup and facilitate two advisory team meetings. The
meetings will be 3 hour meetings attended by Steve Castleberry and Tess Kouyate. The
content of the meetings is summarized below:
Meeting 1- CONSULTANT shall summarize progress made thus far and present what
needs to be done. Tecliniccal analysis completed by the CONSULTANT addressing
modifications to the preferred alternative, and cost savings from supplemental features
shall be presented to the advisory team. Each of the modifications to the preferred
alternative will be evaluated against the od&W goal statement The advisory team will
decide which elements are critical to the success of the project and which featum am
desirable based on funding constraints.
Meeting 2 - CONSULTANT shall present the modified alternative for the general plan
buildout for approval by the advisory team. The revised cost estimate will be presented
along with the proposed finding platy and project schedule.
W004
Task 3 Meeting Preparation
CONSULTANT shall prepare a ktter to the advisory team to update them on the Status of
the project, the City Council action, and their continued level of involvement prior to the
first mceting. CONSULTANT shall also prepare overheads, eubibits and handonis
summarizing the results of the technical analysis.
After the first meeting. ft CONSULTANT shall incorporate the recommendations of the
advisory team into a modified alternative for general plan buildout. Overheads, exhibits and
handouts will be prepared for the second meeting.
Task 4 Doc- uentation
The meeting minutes from each of the advisory team meetings and the final necommendadon
will be recorded, compiled and summarized in a tectmical memorandum. Thia memo shall
provide the documentation of discuss1ons, evaluations and results leading to the final
recommended alternative. CONSULTANT shall provide five draft copies to the CITY for
review. Comments from the CITY shall be incorporatcd into the final report and 20 copies
shall be snbmitttd for distribution to City Counal.
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