HomeMy WebLinkAboutCC Resolution 9719 (Traffic Signal System Installation Lucas Valley Rd)and
RESOLUTION NO. 9 719
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO ENTER INTO AN AGREEMENT WITH DKS TO DESIGN A
TRAFFIC SIGNAL SYSTEM FOR INTERIM SOLUTION FOR THE
INTERSECTION OF LUCAS VALLEY ROAD AND
SOUTHBOUND 101 RAMPS.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, a traffic signal feasibility study was conducted in May, 1996;
WHEREAS, it was determined that the current traffic conditions justify an
interim traffic signal installation at the intersections of Lucas Valley Road and southbound
Highway 101 ramps; and
WHEREAS, the traffic signal installation was discussed with Caltrans in
August, 1996, and concur with staff that signalization at this intersection is justified; and
WHEREAS, $25,000 shall be funded by the Northgate Traffic Mitigation
Fee to design this project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael hereby authorizes the City Manager and Public Works Director to enter into an
agreement for professional services with DKS Associates to design a traffic signal system
for interim solution for the intersection of Lucas Valley Road and Southbound 101 ramps.
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 7`h day of October, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS• Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
/ 4 .
JE1 E M. LEO NI, City Clerk
AGREEMENT
FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 7th day of OC'T'OBER, 1996, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DKS Associates (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. PAUL OLSON 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 FOURTEEN (14) 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 August 30, 1996, marked Exhibit "A", attached hereto, and incorporated herein
COPY
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 terininate 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 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
Agreement • 2
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 ofone 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:
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;
Agreement • 3
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-iai .!ired 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.
13. NONDISCRIMINATION
Agreement • 4
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:
TO CITY: DAVID M. BERNARDI
(Project Manager)
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: PAUL OLSON
(Project Director)
1956 Webster Street, Suite 300
Oakland, CA 94612
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
Agreement • 5
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.
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 inay deduct from any payment due to
CONTRACTOR under this Agreement, any monies whicl, _'ONTRACTOR 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.
Agreement • 6
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 54-2583153 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
Director of Public Works
ATTEST:
City Clerk
APPROVED
City Attorney v D
CONTRACTOR - DKS ASSOCIATES
By:
Title:
I
Agreement - 7
Scope of Work
Project Description
EXHIBIT "A"
This project consists of designing a traffic signal installation at the intersection of Lucas
Valley Road at US 101 SB Ramps. The design will be for a short term signalization. It is
anticipated that a Caltrans Encroachment Permit will be needed.
Task 1. Field Review of Existing Conditions
Following preparation and approval of the feasibility study DKS will gather data needed for
preparation of the PS&E package for installation of the traffic signal. We recognize the
importance of three kinds of data that are to be collected: office, right-of-way, and field data.
Office Data
DKS will collect data from the city and/or Caltrans in the form of as -built plans, aerial
photos, city and state held utility data, right-of-way data (City and Caltrans) and other
important data available from the city and Caltrans offices.
Office data to be collected from other entities includes data from the utility companies that
have facilities in the project area.
Field Data
The first task will be to conduct a field visit to verify all N,isible utilities in the area. This visit
will also include identifying and locating drainage right-of-way lines, signs, lane
striping, curb -to -curb widths, median widths, pavemem conditions, eic. This data will be
compared to the AutoCAD topo files provided by the city.
Using copies of the AutoCAD Topo map as a guideline, we will request utility as -built
information. Once the utilities are marked. we will verify their location in the AutoCAD
drawings as they have been interpreted from the as -built information provided by the utility
companies.
Right-of-Wav (ROW) Data
Right-of-way (ROW) data will be obtained from the City of San Rafael CAD files as well as
from other information that may be available from Caltrans.
Products: File with record documents for project area.
San Rafael Lucas ! alley Rd at US101 SB Page 1 of 7 DKS Associates
Q l' J6i16/Ja111'KS('l'3ADOC
8130196
EXHIBIT "A"
Task 2. Traffic Signal Design Conceptual Layout & Design Report
DKS will prepare a design report for the City of San Rafael detailing the parameters that
form the basis of the signal design. This report will be an extension and refinement of the
Feasibility Study.
As a major part of the conceptual design phase of the project, DKS will prepare a base map.
This map will be prepared from information in the city's files such as right-of-way plans,
roadway construction plans, and AutoCAD topographic files, and from field measurements.
The base map will be prepared in AutoCAD format.
On the base map plots, DKS will hand draw sketches and notes to depict the proposed
improvements. It will identify phasing, pavement markings, signal head placement,
controller placement, conduits, interconnect conduit, pullboxes, detector placement, etc..
We will also develop a conceptual pavement delineation plan on a copy of the base map plot
showing the proposed lane configuration, and signing and striping.
Once concept design plans are complete, DKS and City staff will conduct a detailed field
review of the proposed plans as they relate to field conditions. This review will help to
ensure that the proposed signal design will fit the intersection with minimum disruption to
existing conditions. At this field meeting, we propose to physically pinpoint locations for the
signal poles, signal head locations, signal controller, lanes, and crosswalks.
We will summarize the comments made in the field directly on the concept plan itself, as a
record of decisions made. We will use this marked -up plan as a guide in preparing the next
level of plan development. This infornlation will be input into the CAD base map data and
plans prepared to the 65% level of completion.
At this stage, the equipment schedules and wiring schedules will not be complete.
The 65% complete plans and specifications will be submitted to Caltrans for review and
issuance of the encroachment permit.
DKS will attend a meeting with the City and Caltrans to discuss the proposed temporary
signal design and forge a working agreement from Caltrans that will the basis for continuing
work on the project. Important areas of agreement will be the proposed channelization,
signal phasing, pole locations, controller location and service enclosure location.
Products: Complete base map.
Sketches on base map indicating major plan features.
Specifications in outline form.
Design Report Document
San Rafael Lucas Valley Rd a1 USI 01 SB Page 2 of 7 DKS Associates
Q: IM96V 9615 at f VKSC1'3A. DOC
8130196
EXHIBIT "A"
Task 3. Plans, Specifications, and Estimates (PS&E) Preparation
DKS will prepare plans, specifications and estimates (PS&E) for the construction of the
signal. The design will be employ the signal type as approved by Caltrans in the conceptual
design meeting of the preceding task.
Following approval by city staff of a conceptual design for the system, plans will be prepared
using Caltrans drawing nomenclature and drawing standards. The plans will be submitted to
city staff for review at the 65 percent (Concept Design), and 95 percent stages.
95 Percent PS&E Preparation
At this stage in plan preparation, DKS will revise the plans based upon comments from city
staff on the concept design plans, and the plan -in -hand field review.
The plans and specifications will be based upon the Caltrans Standard Specifications and
Standard Plans dated July 1995.
All PS&E details and information will be complete and ready for city review. The plans will
essentially be complete and ready for bidding.
At this point in the plan development a Caltrans Encroachment Permit application will be
prepared. The Encroachment Permit application will be accompanied with five (5) sets of
plans and specifications as is typically required of Caltrans. It is anticipated that there will be
at least three rounds of Caltrans review at this stage.
Products: Written response to concept design review comments.
All plan sheets complete in AIttoCAD format ready for Caltrans review.
Final specifications (edits of Caltrans SSPs).
Final cost estimates listing quantities and costs.
Three complete sets ofplans, specifications and estimates for review.
Final Plan Preparation
The final edits to the plans, specifications and estimates will be made based on the city
comments. The final plans will be plotted on mylar, signed and sealed and ready for bidding.
One complete reproducible set of the final PS&E will be delivered to the city.
Product: One set of the final PS&E bid package ready for reproduction.
AutoCAD drawing files for approved plans.
San Rafael Lucas Valley Rd at USI 01 SB Page 3 of 7 DKS Associates
Q., q'196196154- rr A C113A. Doc 8/30196
EXHIBIT "A"
Task 3a. Caltrans Coordination
This task represents additional work efforts associated with Caltrans review of the plans,
specifications and estimates as well as response to unanticipated requests for changes.
Included in this task will be a maximum of three meetings.
While DKS has considerable experience with the Caltrans process there is level of
uncertainty with the process. DKS in the prosecution of the work on this project will
endeavor to prepare documents that will facilitate quick and easy Caltrans review.
Project Assumptions
This scope of work and project budget has been prepared under the following assumptions:
• City staff will supply base map information in the form of AutoCAD topographic
files.
• City staff will supply right-of-way/property line information. Right-of-way
acquisition is not anticipated to be included in the scope of work.
• Revisions to the existing drainage systems will be considered as extra work.
• Caltrans Standard Special Provisions will be used.
• City staff will prepare contract boiler plate.
• City staff will supply listing of utility contacts.
• Caltrans will make detailed reviews of the PS&E at the Concept Design (65%),
95% and 100% complete stages.
• Potholing for location of High Hazard Utilities will be done by others.
• A Caltrans PEER report will be prepared by Caltrans will assistance from DKS
and City Staff.
• Preparation of a Caltrans Materials Report will be considered as extra work.
• An instrumented surveying will not be required.
• Civil improvements to the intersection will be limited to:
Removal of one island
Repaving of the island area
Possible minor ramp widening
Minor pavement rehabilitation
• The plan set will consist of the following sheets:
1. Cover sheet.
2. Construction area signs.
3. Utility Plan
4. Layout Plan
5. Signing & Striping Plan (one sheet)
6. Signal plans (two sheets).
San Rafael Lucas Valley Rd at US]01 SB Page 4 of 7 DKS Associates
Q P1961961541JV SC1`3ADOC 8/30196
IEXHIBIT "A"
Task 4. TRAF-NETSIM Training
Per our conversations during the weeks of August 12 and 19, 1996, we will provide training
on the use of the software package TRAF-NETSIM to conduct traffic engineering analysis.
We are proposing the conducting of two eight-hour training seminars to be held in your
offices. It is understood that these will be hands-on seminars in which instruction will be
given by using actual sample intersections in the City of San Rafael. The first eight-hour
training seminar will cover the basics of the program and provide instruction for coding a
fixed time operation signalized intersection. The second eight-hour training seminar will
cover coding for an actuated signalized intersection.
It is understood that the City will be responsible for providing the software and User's
Manual for the program. DKS will provide simple handouts that summarize the software.
Following the two training seminars, DKS will be available to provide technical assistance
on an as -needed basis up to a maximum of six (6) hours to City staff as they develop their
own TRAF-NETSIM models.
Sarr Rafael Lucas Valley Rd at US101 SB Page 5 of 7
Q:11196196ls.rua7AScr.�.� DO DKS Associates
8/30/96
N
Y
O
� U
N
o
N
�
�
0 W CL
a' Q1
0 $ � • �,
a o U O
U r N
L 3 m
U 0.
d �
N �
e
N
a-
u
t0
G
N
3 m
>91 o
a� �
m d
G m
e a=
c
� oD
tb
a
d C
� ti
c m
`° d
a)
I
O
j U
o m 2
d N
Q a) GO
N m U
c
> N
m b m
Q
I I I
I
I
N
Y
O
U)
4a
��
LO rn
LOti�
CY)
O
N
W
Q
x
w
(O
N oo
O O
N
N
O N
' d•
� N
Y
64N
H
O (O
(o
c1
O (O
O O
"IT
O N
N f`
M
�cril
CO b
.0
U)
�e
(� Q
cc
U
E-
O
Q
N
(O co
N
N ti
O
N
d0
Y
M
Y
63
N
cc
H
N
G.
co OON
co
co
O
E
CN
O
N
N r—
O
NNT
(O
N
N
t7 O
O O
o
.i
co
(O
O (D
r
CN
o�io
O
c
r
H
O
r
cn
co O (o
co
m
(o m
O
M co N
CO
-
(D
NT
N
O
N
m
O
i
cu
C
j
H
C
z` o
�
�
C
C
mT
cu
U
N
C
a) U
U
N
a�
crC:
CD c
cu a) c 0)
Cl)l�QQ=
c a�
<
a)
c
Q
o cu a`)i c m
c L-
o
V
a O
as
J
v)wa.�0wQw000Fc-wa
�a