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HomeMy WebLinkAboutCC Resolution 9294 (1995 Project Priority Consulting)FOLLOWS: RESOLUTION NO. 9294 A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH W - TRANS (WHITLOCK AND w r u%nERGER) ROADWAY CAPACITY ANALYSIS FOR THE 1995 PROJECT PRIORITY PROCEDURE IN DOWNTOWN/EAST SAN RAFAEL IN THE AMOUNT OF $10,000 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS The Director of Public Works and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, an agreement with W -Trans to provide professional engineering services as described in the attached proposal entitled: "Proposal to Provide Transportation Planning/ Traffic Engineering Services", dated January 17, 1995, which is hereby made a part of this resolution. The form of the Agreement shall be as approved by the City Attorney. 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 Monday, the 6th day of February, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Zappetini and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JE M. LEON INI, City Clerk ORIGINAL 'j>v� AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into this 21st day of February, 1995, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and WHITLOCK & WEINBERGER TRANSPORTATION, INC., DBA W -TRANS (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY has determined that consulting services are required to implement the PRIORITY PROJECTS PROCEDURE; and WHEREAS, the CONTRACTOR has offered to render certain specialized professional services in connection with this Project. 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 City Engineer 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. Dalene J. Whitlock 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. 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 prepare recommendations for implementing the Priority Projects Procedure, as outlined in the Proposal from CONTRACTOR dated January 17, 1995, 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. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project is complete. 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. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of Agreement • 2 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 Agreement • 3 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: 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. Agreement • 4 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 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. Agreement • 5 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: 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: Ms. Dalene J. Whitlock, P.E. (Project Director) 2200 Range Avenue, Suite 102 Santa Rosa, CA 95403 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 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. Agreement • 6 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 terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 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. Agreement • 7 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 77-0390893, 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Director of Public Works ATTEST: City Clerk APPROVED FORM: City Atto /� CONTRACTOR r 1 By: F1 Title: Agreement • 8 EXHIBIT A W• TRANS January 17, 1995 Mr. Nader Mansourian Associate Traffic Engineer City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 PROPOSAL TO COMPLETE TRAFFIC ENGINEERING SERVICES REGARDING THE CITY'S PRIORITY PROJECTS PROCEDURE Dear Nader, Whitlock & Weinberger Transportation (W -Trans) is pleased to present this proposal to provide traffic engineering services to the City of San Rafael related to the Priority Projects Procedure (PPP). This proposal is based on our discussions as well as information obtained during a recent meeting with yourself and staff from the Planning Department. It is our understanding that the City wishes to determine how much, if any, traffic capacity will be available in East San Rafael subsequent to minor traffic signal improvements and timing changes which are currently planned, but not implemented. This information would be used to determine the acceptability of allowing further development in that area. The following scope of services is suggested to support implementation of the PPP. The major tasks are broken down into minor tasks needed to complete that work effort. Study Area The study area would include four intersections along Bellam Boulevard as follows: 1. Bellam Boulevard/Andersen Drive 2. Bellam Boulevard/1-580 East Ramps I Bellam Boulevard/I-580 West Ramps 4. Bellam Boulevard/Francisco Boulevard East Data Collection In order to perform a detailed analysis of operation along the Bellam Boulevard corridor, saturation flow rates need to be field verified. It is recommended that flow rates be determined for one through movement and one left -turn movement each direction (east -west and north -south) for each of the four intersections. Since the flow rates are significantly impacted by the congestion currently experienced during the p.m. peak period, it is suggested that flow rates be developed for both peak conditions and off-peak conditions. Field observations will be performed to determine actual queuing characteristics, ability of drivers to make right turns during the red indication, headways, lost time, volume splits between lanes available to a single movement, and other operational characteristics which will affect the accuracy of the signal WHITLOCK & WEINBERGER TRAN S PO RTATI ON I N C 2200 Range Avenue, Suite 102, Santa Rosa California, 95403, (707) 542-9500, FAX (707) 542-9590 Mr. Nader Mansourian Page 2 January 17, 1995 timing model. Simulate Existina Conditions In order to develop baseline conditions, a simulation of existing conditions using existing volumes and actual timing will be developed using TRANSYT-7F. 4. The TRANSYT-7F model will be calibrated by comparing theoretical results with actual operation. Evaluate Available Capacity 5. Optimized timing for existing conditions will be developed by using phasing determined by PASSER H-90 and the calibrated TRANSYT-7F model. These optimized conditions will be based on planned improvements. to the traffic signal at Bellam Boulevard/Francisco Boulevard East. 6. Level of Service calculations will be prepared for the four study intersections using calibrated baseline volumes from the Downtown/East San Rafael modeling project and the optimized timing. 7. Based on input from City staff, traffic volumes will be increased at the study intersections. 8. The signal tinning will then be optimized using the increased volumes and PASSER phasing through the TRANSYT-7F program. 9. Intersection Levels of Service will be determined for the increased volumes. 10. The results of both the TRANSYT-7F analysis and the LOS analysis will be evaluated to determine the acceptability of the increased volumes. Factors to be considered in determining acceptability will be operating conditions as indicated by LOS designations for both intersections and the Bellam Boulevard arterial, and queue lengths (to ensure that vehicles will not back up through the intersections). 11. Up to three additional iterations of Tasks 8, 9 and 10 will be performed to develop the approximate traffic capacity still available. Evaluate Develooment Pr000sals 12. Once the Planning Department has determined those projects which have the highest priority based on the PPP, the projected impacts of the proposed developments will be evaluated using the East San Rafael model. The land uses will be added to the model and new intersection volumes determined. 13. Optimized signal timing will be determined using the model generated volumes. 14. Level of Service calculations will be prepared using the model generated volumes and TRANSYT-7F generated timing. 15. The LOS and TRANSYT-7F outputs will be evaluated to determine if acceptable operation can be maintained with the proposed number of new trips as assigned by the model. Two meetings have already been held with City of San Rafael staff at which this project has been discussed. Mr. Nader Mansourian Page 3 January 17, 1995 Those meetings were on January 5 and January 11, 1995. It is anticipated that six additional meetings will be required to complete the tasks as indicated; four technical review meetings with you and two meetings with Planning Department Staff. The above work will be completed on a time and materials basis at $90 per hour for engineering time and $50 per hour for technical support/administrative time. All expenses incurred will be forwarded with a 20 percent surcharge. The estimated maximum fee for this work is $5,900. Thank you for asking W-Trans to provide these services to the City of San Rafael. Sincerely, �— Dalene J. Whitl E. Principal DJW/djw SRA003TI