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HomeMy WebLinkAboutCC Resolution 9295 (Transportation Modeling Services)FOLLOWS: RESOLUTION NO. 9285 A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH W - TRANS (WHITLOCK AND WEINBERGER TRANSPORTATION, INC.) TO PROVIDE TRANSPORTATION MODELING SERVICES FOR NORTH SAN RAFAEL IN THE AMOUNT OF $35,000 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 25, 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: COUNCII.MEMBERS: Heller, Zappetini and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCELMEM 3ERS: Cohen �' JE M. LEONCIII, City Clerk ORIGINAda,as 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 WHTTLOCK & WEINBERGER TRANSPORTATION, INC., DBA W -TRANS (hereinafter "CONTRACTOR) . RECITALS WHEREAS, the CITY has determined that consulting services are required to implement the NORTH SAN RAFAEL MODELING AND ANALYSIS; 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 North San Rafael Modeling and Analysis, as outlined in the Proposal from CONTRACTOR COPY. dated January 25, 1995, marked Exhibit 'W'. 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 "W. 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 'W'. 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: C ty Clerk 3APPFORM: - 6 City Attornfe� CONTRACTOR Title: Pro r AA Agreement • 8 January 25, 1995 Mr. Nader Mansourian Department of Public Works City of San Rafael P.O. Box 60 San Rafael, CA 94915-0060 NORTH SAN RAFAEL MODELING & ANALYSIS PROPOSAL 0 Dear Nader: As requested, W -Trans is pleased to present this updated proposed scope of work, schedule and budget to complete the North San Rafael Modeling & Analysis. The Downtown/East San Rafael (DT/ESR) TRANPLAN Traffic Model will be used to develop a North San Rafael (NSR) TRANPLAN Traffic Model with detailed analysis of study area intersections and corridors. Details of this proposal are based on our previous conversations. Traffic Counts 1. W-Trwis' subconsultant, Marks Traffic Data Service will collect a.m. peak (7:00-9:00 a.m.) and p.m. peak (4:00-6:00 p.m.) turning movement counts at: • Lucas Valley Rd./Las Gallinas Avenue • Lucas Valley Rd./Los Gamos Road • Lucas Valley Rd./U.S. 101 SB Ramps • Smith Ranch Rd./U.S. 101 NB Ramps • Smith Ranch Rd./Redwood Highway • Freitas Parkway/U.S. 101 NB Ramps • Redwood Highway -Civic Center Drive/Freitas Parkway • N. San Pedro Road/Merrydale Rd. • N. San Pedro Road/Civic Center Drive P.M. peak (4:00-6:00 p.m.) turning movement counts only will be collected at: • Freitas Parkway/Las Gallinas Avenue • Freitas Parkway/Northgate Drive • Freitas Parkway/U.S. 101 SB Ramps • Las Gallinas Avenue/Northgate Drive • Las Gallinas Avenue/Del Presidio Blvd. • Merrydale Road/U.S. 101 SB Ramps • Miller Creek Road/U.S. 101 NB Ramps 24-hour machine counts will be collected at: WHITLOCK & WEINBERGER T R AN S P OR T AT I 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 25, 1995 • Lucas Valley Rd. (between Los Gamos Road and Las Gallinas Avenue) • Lucas Valley Rd. (between U.S. 101 and Los Gamos Road) • Los Gamos Road (south of Lucas Valley Rd.) • Smith Ranch Road (east of Redwood Highway) • Smith Ranch Road (east of Silveira Parkway) • Freitas Parkway (between Las Gallinas Avenue and Northgate Drive) • Freitas Parkway (east of Del Presidio Blvd.) • Redwood Highway (north of Freitas Parkway) • Civic Center Drive (south of Freitas Parkway) • Civic Center Drive (north of N. San Pedro Rd.) • N. San Pedro Rd. (between U.S. 101 and Civic Center Drive) • Los Ranchitos Rd. (south of N. San Pedro Rd.) 2. Determine existing (1994) levels of service and general traffic conditions for the following intersections 1. Lucas Valley Rd./Las Gallinas Avenue 13. Las Gallinas Avenue/Northgate Drive 2, Lucas Valley Rd./Los Gamos Road 14. Las Gallinas Avenue/Del Presidio Blvd. 3. Lucas Valley Rd./U.S. 101 SB Ramps 15. Merrydale Road/Los Ranchitos Rd. 4. Smith Ranch Rd./U.S. 101 NB Ramps 16. N. San Pedro Rd./Los Ranchitos Rd. 5. Smith Ranch Rd./Redwood Highway 17. N. San Pedro Rd./Merrydale Rd. 6. Freitas Parkway/Las Gallinas Avenue 18. N. San Pedro Rd./U.S. 101 NB Ramps 7. Freitas Parkway/Northgate Drive 19. N. San Pedro Road/Civic Center Drive 8. Freitas Parkway/Del Presidio Blvd. 20. Merrydale Road/U.S. 101 SB Ramps 9. Freitas Parkway/U.S. 101 SB Ramps 21. Miller Creek Road/U.S. 101 SB Ramps 10. Freitas Parkway/U.S. 101 NB Ramps 22. Miller Creek Road/U.S.101 NB Ramps 11. Redwood -Civic Center/Freitas Parkway 23. McInnis Parkway/Civic Center Drive 12. Nova Albion Way/Las Gallinas Avenue and for the following corridors: • Freitas Parkway • Smith Ranch Road -Lucas Valley Rd. • Las Gallinas Avenue -Los Ranchitos Rd. • N. San Pedro Rd. • Redwood Highway -Civic Center Dr. Based on the level of service analysis, the study area will be evaluated to determine if there is available capacity for the Priority Project Procedure (PPP). Model Calibration The Downtown/East San Rafael (DT/ESR) TRANPLAN Traffic Model will be used to develop a Nath San Rafael (NSR) TRANPLAN Traffic Model. The DT/ESR model currently includes the majority of streets in the North San Rafael area and a land use system of approximately 25 to 30 zones which is similar to the 1991 Northgate Model update. Since the DT/ESR model is currently calibrated to 1993-1994 conditions (i.e. land use and resulting traffic volumes reflect 1993-1994), it is suggested that the NSR Model also be calibrated to 1993-4 Mr. Nader Mansourian Page 3 conditions. January 25, 1995 4. The land use database for NSR which already exists within the TRANPLAN traffic model will be reviewed with City Planning staff to ensure its accuracy and make any required updates. It may be necessary to split several zones in order to obtain appropriate turning movement projections for the study intersections. W -Trans will work with planning staff to divide these zones. A detailed street network already exists within the TRANPLAN traffic model. Details such as speeds, capacities and number of lanes will be reviewed and modified, if necessary. Based on the study intersections which will be analyzed, it may be necessary to add and/or modify network components in the model. 6. The TRANPLAN job stream will be modified to accommodate the NSR model runs and plots. 7. With the modified land use, network and job stream, 1993-1994 Existing Model Calibrated conditions will be run. The resulting traffic volumes for the study intersections and connecting roadways will be compared to the existing traffic counts. A calibration process will be implemented in order to reach accepted traffic volume tolerances. The process will include modification of link speed, link capacity, zone centroid location and other appropriate factors. Future Traffic Conditions This process will include the production of two future conditions model runs which are anticipated to represent a 1995 "PPP" conditions and a General Plan Buildout scenario. 8. Two new land use files will be created, PPP and General Plan Buildout, based on information provided by the Planning Department. Two future model network files will be created, PPP and General Plan Buildout, to include any projected improvements for these future scenarios. 10. The future traffic conditions for the PPP and General Plan scenarios will be projected by running the NSR model. Appropriate plots (p.m. peak hour and daily traffic volumes) will be provided. Traffic Analysis 11. The LOS software will be used to analyze operation at the study intersections. Intersection files will be created for the 23 existing intersections and up to 13 future study intersections and will include lane configurations, unsignalized and signalized intersection operational details, and model node inputs. Level of Service methodologies will include the unsignalized leve] of service method and the signalized operations method from the 1955 Highway Capacity Manual. 12. Existing Traffic Conditions will be evaluated through a Level of Services analysis at the 23 existing intersections and a corridor analysis of the five roadway segments. The traffic volumes will be based on the traffic counts rather than the model calibrated conditions. Traffic signal timing will be determined through appropriate TRANSYT runs and/or input from City staff. The corridor analysis will be based on the system now being developed for the DT/ESR area. Mr. Nader Mansourian Page 4 January 25, 1995 13. Mitigation measures will be recommended which would allow existing traffic conditions to operate with acceptable levels of service. 14. "Adjusted" PPP Traffic Conditions will be determined based on the a) existing traffic counts, b) calibrated existing conditions produced by the traffic model, c) approved and funded transportation projects such as Merrydale Overcrossing and northbound ramps, d) fully approved projects either under construction or anticipated, and e) Priority Projects applications. A "furness adjustment" procedure will be used to obtain the Adjusted PPP Conditions similar to the Downtown/East San Rafael Modeling & Analysis. 15. The LOS software files and TRANSYT runs will be modified to reflect PPP traffic conditions. 16. Adjusted PPP Traffic Conditions will be evaluated through a Level of Services analysis at the 23 existing intersections and up to 13 future intersections and a corridor analysis of the five roadway segments. Traffic signal timing will be determined through appropriate TRANSYT runs and/or input from City staff. The corridor analysis will be based on the system now being developed for the DT/ESR area 17. Mitigation measures will be recommended which would allow PPP traffic conditions to operate with acceptable levels of service. 18. General Plan Buildout Traffic Conditions will be determined based on the a) existing traffic counts, b) calibrated existing conditions produced by the traffic model, and c) model generated general plan traffic conditions which include general plan transportation improvements and land uses. A "furness adjustment" procedure will be used to obtain the Adjusted General Plan Conditions similar to the Downtown/East San Rafael Modeling & Analysis. 19. The LOS software files and TRANSYT runs will be modified to reflect General Plan traffic conditions. 20. General Plan Traffic Conditions will be evaluated through a Level of Services analysis at the 23 existing intersections and up to 13 future intersections and a corridor analysis of the five roadway segments. Traffic signal timing will be determined through appropriate TRANSYT runs and/or input from City staff. The corridor analysis will be based on the system now being developed for the DT/ESR area 21. Mitigation measures will be recommended which would allow General Plan traffic conditions to operate with acceptable levels of service. Report/Meetings 22. A summary report will be prepared which describes the NSR model, existing traffic conditions, baseline traffic conditions, and recommended improvements for both conditions. Appropriate figures, tables, and appendices will be included with a similar to format to the 1991 Northgate model update, if desirable. Based on comments received, a final report will be prepared. 21 Up to six meetings at the City of San Rafael are included to complete this process. Mr. Nader Mansourian Page 5 January 25, 1995 Schedule Traffic Counts 1 week Model Calibration 3 weeks Future Traffic Conditions 2 weeks Traffic Analysis 2 weeks Report 2 weeks Total 10 weeks Budget The above services will be provided on a time and materials basis at a rate of $90 per hour for engineering time and $50 per hour for assistance time. Materials will be surcharged at a rate of 10 percent. The estimated maximum fee for this work is $25,750 as shown below. Traffic Counts/Factoring $ 4940 Model Calibration $ 7340 Future Traffic Conditions $ 2860 Traffic Analysis $ 3680 Report $ 4640 Meetine 2290 Total $25750 Attached you will find two copies of the City's standard contract. Please return a signed copy as your authorization to proceed. Thank you for the opportunity to provide these services. If you have any questions regarding this proposed scope of work, schedule, and budget, please give me a call. Sincerely, Steve einb er, P.E. SM/w w/SR 004T2