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HomeMy WebLinkAboutCC Resolution 11057 (Traffic Signal Modifications)RESOLUTION NO. 11057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING THE SCOPE OF SERVICES AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $29,795 FOR THE DESIGN OF TRAFFIC SIGNAL MODIFICATION AND UPGRADE AT EIGHT INTERSECTIONS IN DOWNTOWN. (TERM OF AGREEMENT FROM 4/15/2002 AND ENDING NO LATER THAN 6/30/2003) WHEREAS, on January 6, 2000, staff applied for a grant to replace the existing obsolete traffic signal system in Downtown. A properly fimctioning system is essential to the City's overall quality of life, economy and safety; and WHEREAS, funding for the project was secured by the Federal programs including Surface Transportation Act and Congestion Management Air Quality (STP/CMAQ) for the amount of $207,000, and City's share for additional funding is $30,000; and WHEREAS, constriction of the project requires outside professional engineering services for the design of the project; and WHEREAS, staff received a proposal from Kimley-Horn and Associates Inc. for professional traffic and civil engineering services for the project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Scope of Services for Kimley-Horn and Associates is accepted and Council does hereby authorize the Public Works Director to enter into Professional Services Agreement with Kimley-Horn and Associates for professional engineering L \� services in a form approved by the City Attorney and in an amount not to exceed $29,795 for the design of traffic signal modification and upgrading in Downtown. 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 15th day of April, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None File No.: 18,01.61 JEA14 M. LEONtINI, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES WITH KIMLEY-HORN AND ASSOCIATES, INC. TO DESIGN FOR DOWNTOWN TRAFFIC SIGNAL SYSTEM PROJECT This Agreement is made and entered into this 15th day of April, 2002, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Kimley-Horn and Associates, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the City has received a grant from State's Transportation Improvement Program (STIP) for the fiscal year 01/02 to construct improvements on City's eight (8) signalized intersections. The locations of these intersections are depicted on Exhibit A; and WHEREAS, construction of the project requires outside professional engineering services for the design o the project; and WHEREAS, staff received a proposal from Kimley-Horn and Associates, Inc. for professional traffic engineering services for the project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. 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. Steve Chan 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. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties as described in Exhibit "A", attached and incorporated herein 3. DUTIES OF CITY. CITY shall perform the duties as described in Exhibit "B", attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "C", attached and incorporated herein. Payment will be made monthly upon receipt by PROJECT of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence on the execution of this agreement and shall end upon completion of the work, but no later than June 30, 2003. 6. 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 fifteen (15) 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, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. 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 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. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONI RACTOR in connection with the perlMmance of its duties under this Agreement, shall be the bole property of ( ITY. CITY may use said property for any purpose, including projects not contunplated by this Agreement, provided however, that CITY iderrnifies CONTRACTOR from and against all liability for any such reuse without the written consent of CONTRACTOR. 8. 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. 9. ASSIGNABILITY. 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. fl Nl. II "►0 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 10. A., shall also meet the following requirements: 1. The insurance shall be primary � ith 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 liabilit, insurance, the insurance policies shall b,_ ndorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, 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, employees, and volunteers, as additional named 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 three 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. 11. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including reasonable attorney's fees and administrative costs, to the extent 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 '111d 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. 13. 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, ordinances, codes or regulations by CONTRACTOR. 14. 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, trader the terms and conditions of this Agreement, to the other party. 15. 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, two days after the deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: David M. Bernardi, Director of Public Works City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTR ItCTOR: Anush A. Nejad, P.E. Project Director Kimley-Horn and Associates, Inc. 5776 Stoneridge Nlall Road, Suite 260 Pleasanton, CA 94588 16. 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. 17. 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. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR 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. 18. 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. 19. 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 �<<uvcr of any other teen, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law of regulation. I he subsequent acceptance by either party of any fee, performance, or other consideration which ina\ hecome due or ow1112 under this Agreement, shall not he deemed to be a ��,nver 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. 20. 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. 21. 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 56-0885615, 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 City Manager ATTEST: di�%rk Cit�/Attorney l/ CONTRACTOR By: Nam Anush A. Neiad , Title: Vice President APPROVED AS TO CONTENT Public Works Director EXHIBIT "A" DUTIES OF THE CONTRACTOR Kimley-Horn and Associates, Inc. will provide design services for the Downtown signal modification project. The project will include signal modifications and an operations analysis for the downtown San Rafael signal system. The project includes signal upgrades at the following intersections: ■ 2nd St./G; ■ 2nd St./Shaver; • 2nd St./E; • 2nd St./D; • 211d St./C; • 2nd St./B; ■ 3`d St./Shaver, and • 3`d St./E. The signal modifications will, in general, include: • Replacement of existing controller cabinet with ASC 2 controller in Type G, TS2 Type 1, cabinet assembly; • Addition of pedestrian heads for all directions as needed (pedestrian push buttons not required); ■ Loop detector (count detector) upgrades/replacement at selected intersections; and • Recommendation regarding other signal upgrade/improvements, if advisable. The traffic Signal System Operational Evaluation of 2nd St Downtown Corridor include an evaluation of existing traffic signal infrastructure along the 2nd Street Downtown corridor and recommendation for Intelligent Transportation Systems (ITS) components that will match the City's need in managing current and future traffic conditions. The following is the scope of services: Task 1 — Field Review/Meet with City Kimley-Horn will meet "ith the City and conduct a field review of the project area to collect necessary information for project design. Kimley-Horn will prepare a photo -log of the project area; collect as -built drawings and utility informm ation; and contact the utility companies to obtain utility information. Kimley- Flom, to the extent possihle from field observations, will determine the existing conduit fills. Deliverable: Photo -Log Task 2 — Prepare 65" flans and Estimates Kimley-Flom will pial, Flans and estimates of probable costs for the pro-ect. The platy, %% ill show the proposed intersection layout and signal modification details. Plans will be sent to the City and Utility companies for review. Deliverable: ➢ Six (6) sets of the Plans and Estimates (including utility companies) ➢ Utility Coordination Letters Task 3 — Prepare 95% Plans, Specifications and Estimates Based on the 65% comments from the City, Kimley-Horn will prepare the 95% PS&E package. Deliverable: ➢ Three (3) sets of the Plans, Specifications and Estimates Task 4 — Prepare Final 100% Plans, Specifications and Estimates Based on the 95% comments from the City, Kimley-Horn will prepare the Final 100% PS&E package. The final package will be submitted to the City. We envision the following submittal: Deliverable: ➢ Final Plans in Mylar Format ➢ Specifications and Final Estimates of Probable Cost in Hardcopy Format Task 5 — Traffic Signal System Operations Evaluation Report KHA will evaluate the existing traffic signal infrastructure along the 2°d Street Downtown corridor and recommend Intelligent Transportation Systems (ITS) solutions that will match the City's need in managing current and further traffic conditions. Kimley-Horn will develop estimates of probable cost and an application for future federal or state grants for the project. Deliverable: Traffic Signal System Operation Evaluation Report Task 6 — Bidding and Construction Support Services KI IA will be available to support the City of Rafael during the bidding and construction phaticS of the piojuct Typical services include \nswer questions during )idding process Respond to Contractors Rcyuest for Information I >c,,ign Recommendation ➢ Field Review ➢ Response to Contractor's Change Order Request Services for the Construction Phase will be provided on a time and materials basis, using K1Ws standard billing rates. SCHEDULE KHA is prepared to begin work immediately upon receipt of the notice to proceed (NTP), and we will endeavor to meet your scheduling needs. Highlights of a proposed schedule for the project are as follows: Deliverable Time Submit 65% ME 6 weeks from NTP Submit 95% ME and Evaluation Report 3 weeks from 65% review Submit Final 100P&E and Evaluation Report 1 weeks from 100% review EXHIBIT "B" DUTIES OF THE CITY The City of San Rafael will provide the following services in association with the project: • As -Built Plans • Environmental Documentation and Approvals • Design Guidelines • Boilerplate Specifications in Electronic Format • Review and Approval of all Submittals • Encroachment Permit Fees • Other Permit Fees • Contract Bid Processing, Duplication, and Advertising • Contract Administration and Inspection • Grant Application Processing • Any Required Signal Timing • Any Other Services Required by Law EXHIBIT "C" COMPENSATION Kimley-Horn will provide the services outlined in the scope of services on a time and materials basis for a not to exceed amount of $29,795. The following table shows the estimated level of effort: Level of Effort Estimate Task I Nejad I Chan I Anani I Clerical I Total Task 1- Field Review/Meet City 16 40 2 58 Task 2 - 65% Plans and Estimates 1 16 45 3 65 Task 3 - 95% Plans and Estimates 1 6 20 3 30 Task 4 - 100% Plans and Estimates 1 2 6 4 13 Task 5 - Operations Evaluation Report 8 24 16 2 50 Task 6 - Construction Support Services 2 8 2 12 Total Hours 13 72 127 16 228 Rate I $175 I $140$105 I $78 Labor Fee $2,275 $10,080 $13,335 I $1,248 $26,938 In -House Expenses (Telephone, Fax, Mileage, Copies, etc) $1,657 Direct Expenses (Blueprints, etc) $1,200 Computer $1,000 Total $29,795 Services beyond the estimated hours will be provided as additional services, after authorization from the City. Construction support services, Task 6, in Exhibit A, will be provided on a time -and -materials basis for a not -to -exceed cost of $1,500. The fee includes labor cost, direct expenses and computer expenses incurred in performing these services. Other direct expenses, if any are necessary, will not be incurred without your authorization. The proposed fee is based on the assumption that the City of San Rafael will be responsible for bidding, advertisement, contract administration, signal timing and programming. Services other than those set forth in the Scope of Services shall constitute extra services. Extra services, such as attendance at meetings other than those included in the Scope of Services and changes in project location, shall be performed only with your authorization, and for additional fees to be negotiated prior to authorization. Fees will be invoiced monthly based upon the percentage of the services completed as of the invoice date.