Loading...
HomeMy WebLinkAbout1999-010 Associated Trans. Engineers CITY OF ATA DE O CONTRACT# CITY OF ATASCADERO CONSULTANT SERVICES AGREEMENT for the SUGGESTED ROUTES TO SCHOOL WARRANT ANALYSES THIS AGREEMENT is made and entered into by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and ASSOCIATED TRANSPORTATION ENGINEERS. hereinafter referred to as "Consultant". Witnesseth that for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Article 1 -Authorization A. Consultant will perform the services as contracted under this Agreement upon receipt of the Notice to Proceed issued by the City Engineer. B. The following exhibits are attached hereto, and incorporated herein, by reference as though here fully set forth: 1. Exhibit A- Proposal 2. Exhibit B -Fee Schedule 3. Exhibit C- Request for Proposal Article 2- Responsibilities of Consultant A. Consultant will provide a professional engineering services as necessary to perform the warrant analyses and will provide a bound report of the studies to the City, all as itemized in Exhibit A and Exhibit C. B. In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the City Engineer. C. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services per Exhibit A and Exhibit C, commencing with receipt of a written Notice to Proceed signed by the by the City Engineer. Article 3-Responsibilities of City The City will cooperate with the Consultant on all phases of the services covered by this Agreement and will make available to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data in possession of City covering the sites selected. Article 4- Fee and Provision for Payment A. City will pay Consultant a fee of not to exceed SIX THOUSAND FIVE HUNDRED SIXTY DOLLARS ($6,560.00) for the services contracted under this Agreement. B. Consultant shall submit monthly progress reports to City indicating the state-of-completion of each task specified in Exhibit A. City of Atascadero Consulting Services Agreement Suggested Routes to School Warrant Analyses Page 1 of 5 Pages `+>rr✓ fir' C. Consultant will be paid no later than thirty(30) days following approval of the Consultant's progress report and invoice by the Community Services Director. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedules incorporated into this Agreement as Exhibit B. Article 5 Payment for Extra Services or Changes Any claim for payment for extra services or changes in the services will be paid by City only upon certification by the City Engineer that the claimed extra service or change was authorized in advance by the City Engineer and the Community Services Director, and that the service has been satisfactorily completed. Invoices for extra services which are approved by the City Engineer and Community Services Director must be submitted by Consultant within thirty (30) days of completion of such services and must be accompanied by a statement of itemized costs covering said services. Article 6 Sus ension or Termination of Agreement A. If Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the City Engineer and the Community Services Director, suspend the Agreement and withhold further payments pending corrective action by Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, Consultant may not incur additional obligations of Agreement funds during the suspension unless specifically authorized by the City Engineer and the Community Services Director. B. Either party hereto shall have the right to terminate this Agreement upon giving ten (10) days written notice of such termination of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon services accomplished by Consultant prior to notice of such termination. Consultant shall be entitled to the reasonable value of his services involved in the termination, as determined by City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Article 7-Time of Completion Consultant agrees to diligently pursue the services under this Agreement and to complete the services as described in Exhibit A to the point of providing the bound report within 30 days from receipt of the written Notice to Proceed signed by the City Engineer. Consultant shall not be responsible for any delay which is caused by City review, action or inaction of City and/or any state or federal agency, or acts of God, but shall be responsible for his own fault or negligence or that of any of his subcontractors. Article 8-Conflicts of Interest No member, officer, or employee of City, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Article 9-Ownership of Data The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other materials necessary for a complete understanding of the plans and necessary for the practical use of the plans shall be vested in City. Ownership of original drawings and documents shall be vested in City. Consultant may retain a copy of all work for his own use. Article 10 Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this City of Atascadero Consulting Services Agreement Page 2 of 5 Pages Suggested Routes to School Warrant Analyses Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article 11 -Contract Personnel The services to be performed pursuant to this Agreement shall be performed by ASSOCIATED TRANSPORTATION ENGINEERS and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of approval of such additional personnel or outside contracting parties shall be the City Manager. City reserves the right to reject any of Consultant's personnel or proposed outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Article 12- Indemnity Clause Consultant shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement or occasioned by the negligent performance of the provisions hereof including, but not limited to, any negligent act or omission to act on the part of Consultant or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the negligence or willful misconduct of City or City's agents, servants, or independent contractors who are directly responsible to City. This indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. Article 13- Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the work of this Agreement, professional liability(errors and omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than one million dollars ($1,000,000) to cover all professional services rendered pursuant to this Agreement. Such insurance shall be kept in force for one (1) year beyond the date of Notice of Completion of the project as accepted by the City Council. B. Automobile and Public Liability Insurance. Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall be not less than the following: 1. Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than one million dollars ($1,000,000). The following endorsements must be attached to the policy or policies: 1. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". 2. The policy must cover personal injury as well as bodily injury. 3. Broad form property damage liability must be afforded. 4. The City of Atascadero, its officers, employees, and agents, shall be named as insured under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by City will be called upon to contribute to a loss hereunder. 5. The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. 6. The policy shall contain "cross-liability" such that each insured is covered as if separate policies had City of Atascadero Consulting Services Agreement Suggested Routes to School Warrant Analyses Page 3 of 5 Pages I been issued to each insured. 7. City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of the insurance. C. Workers Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any services under this Agreement. D. Certificates of Insurance. Consultant shall submit to the City Engineer all certificates of insurance evidencing that Consultant has the insurance required by this Agreement within ten (10) days after receipt of Notice of Award. Said certificates shall state the project number and that the policy shall not be assigned, canceled, or reduced in coverage without thirty (30) days written notice to City, and that such insurance not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from any service or operation performed pursuant to this Agreement. Consultant shall not perform any services under this Agreement until the required insurance certificates have been submitted to City and approved by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. Article 14-Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. Article 15- Non-Discrimination Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations, and laws governing non-discrimination in employment, including in particular, Section 122(a) of the State and Local Fiscal Assistance Act of 1972. Article 16-Modification of Agreement This Agreement may be further modified only by a written amendment signed by both parties hereto. Article 17- Law Governing This Agreement shall be governed by the laws of the State of California. Article 18-Communications Communications between the parties to this Agreement may be sent to the following address: City: CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attn: Steven J. Sylvester, City Engineer Consultant: ASSOCIATED TRANSPORTATION ENGINEERS 100 N. Hope Avenue, Suite 4 Santa Barbara, CA 93110 ACCEPTED AND AGREED this the'yday of 1/l,�Lt/► L� , 1999. City of Atascadero Consulting Services Agreement Suggested Routes to School Warrant Analyses Page 4 of 5 Pages CITY OF ATASC ERO, CONSULTANT, a mu 'clp co o a�in ASSOCIA TRANSPORTATIO GINEERS By Ray Joh on, Mayor n -� I� 1�-,Gh�A-ems d �. !"moo�c. _ f 2[3+s.'D a7'tr Printed Name and Title ATTEST: Marcia M. Torgerson, City Cle APPROVED AS TO FORM: Ro . Hanley, pity At rney J APPROVED AS TO CONTENT: teven J. Sylve to , Ci gineer K:\USERS\JBN\95105WSSOCIAT.A01 City of Atascadero Consulting Services Agreement Suggested Routes to School Warrant Analyses Page 5 of 5 Pages 'AHIBIT A , " "� ASSOCIATED TRANSPORTATION ENGINEERS IIS 100 N. Hope Avenue, Suite 4, Santa Barbara, CA 93110 • FAX (805) 682-8509 • (805) 687-4418 Maynard Keith Franklin, P.E. Robert L. Faris, P.E. D 6 V L5 Richard L. Pool. P.E. I Scott A. Schell,AICPL `1; ,`,i 2 1999 PUBLIC WORKS CITY OF ATASCAOERO CITY&F ATASC.ACE�M, CITY CLERK'S OFFICE January 20, 1999 98667P01.PRO Mr. John B. Neil, P.E. Assistant City Engineer City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 PROPOSAL TO PREPARE TRAFFIC SIGNAL AND BEACON WARRANTANALYSIS STUDIES FOR THE ATASCADERO UNIFIED SCHOOL DISTRICT Pursuant to your request, Associated Transportation Engineers (ATE) is pleased to submit the following proposal to conduct traffic signal and flashing yellow beacon warrant analyses for the Atascadero Unified School District. The warrant analyses will be prepared in conformance with the California State Department of Transportation's (CalTrans) "Traffic Manual", latest edition. QUALIFICATION AND EXPERIENCE ATE staff have conducted traffic signal warrant and flashing beacon warrant analysis for many projects over the 20 years that we have been in business. A recent signal warrant analysis was conducted for the Moorpark Unified School District, 30 Flory Avenue, Moorpark California, Phone (805) 378-6300, Dr. Thomas Duffy, Superintendent. An analysis for the Miller Street School was conducted for the City of Santa Maria, Richard Sweet, City Engineer, 110 South Pine Street, Suite 100, Santa Maria, California, Phone (805) 925-0951 ext 225. WARRANT DISCUSSION The primary factor in school traffic control warrants is the pedestrian traffic. The gathering of the pedestrian and vehicle data is the basic effort in conducting the traffic signal and flashing Engineering Planning • Parking • Signal Systems • Impact Reports • Bikeways . Transit John B. Neil, P.E. Page 2 January 20, 1999 beacon warrant analysis. The other aspect is observing the operation at each location to determine if there are any extraordinary circumstances that would affect the analyses. The analysis is defined in Caltrans Traffic Manual Chapter 10, Section 10-05 which includes the all of the following warrants: the crossing is on the "suggested route to school"; a minimum of 40 school pedestrians use the crossing during each of any two hours of a normal school day; the crossing is at least 180 m from the nearest alternate crossing controlled by traffic signals, stop signs or crossing guards; the vehicular volume exceeds 200 vehicles per hour in urban areas or 140 vehicles per hour in rural areas during the same hours the students are going to and from school; and the critical approach speed exceeds 35 mph or the approach visibility is less than the stopping sight distance. SCOPE OF WORK Associated Transportation Engineers proposes to furnish the professional and technical services necessary to complete the required traffic signal and beacon warrants analysis, as outlined in the following work tasks. 1. Assemble existing data related to the study. Inventory existing streets, intersections and traffic controls in the study area. Discuss project with the City. 2. Obtain machine traffic counts and manual A.M. and P.M. pedestrian and vehicle count data to determine hourly traffic volumes for signal warrant analyses at the following study-area intersection. • Highway 41(Morro Road)/San Gabriel Road 3. Obtain manual A.M. and P.M. pedestrian and vehicle traffic volume counts to determine flashing yellow beacon warrants at the following locations: • Atascadero Junior High School at West Mall • San Benito Elementary School at Traffic Way • San Gabrial Elementary School • Monterey Elementary School 4. Prepare the flashing yellow beacon warrant analysis for the four locations. 5. Prepare the signal warrant analysis for the Highway 41(Morro Road)/San Gabriel Road intersection per Caltrans Traffic Manual Chapter 9, section 9-01 .2. The city shall provide a three year history of accidents at this intersection. 6. Summarize findings of the warrant analysis in a bound report format and submit 2 bound and 1 unbound copies of the report to the City. Technical data will be provided in an appendix. iowe 1410 John B. Neil, P.E. Page 3 January 20, 1999 PERSONNEL Richard Pool, P.E., will the Principal in charge of the warrant analysis study. Other personnel will be assigned as needed to complete the analysis. Personnel resumes, references and a statement of the firm's qualifications are attached. SCHEDULE AND FEES ATE will begin work on the traffic analysis on within 5 working days after receipt nf written authorization to proceed. The pedestrian and vehicle traffic count data at the study area intersections will be collected on a typical school day schedule with clear weather. The final study will be submitted 30 days after notice to proceed. Our fees for the five locations are as follows: Flashing Yellow Beacon Warrant Analysis (four locations @ $ 1,150) $4,600.00 Traffic Signal Warrant Analysis (one location @ $1,950) $1,950.00 Total $6,560.00 The total fee for the combined study is $6,560.00. Additional work, such as attendance at public hearings, will be undertaken on a time-and-materials basis according to the rates presented in the attached fee schedule when authorized in writing by the City of Atascadero. Payment will be due within 30 days after submittal of the report. This proposal is valid for a period of 30 days. We appreciate your consideration of ATE for this job and look forward to beginning work on the project. Associated Transportation Engineers By: Richard Pool, P.E. President RLP/KR Attachment: Fee Schedule (January 1999) EXHIBIT B ; " kwo. ASSOCIATED TRANSPORTATION ENGINEERS 100 N. Hope Avenue, Suite 4, Santa Barbara, CA 93110 • FAX (805) 682-8509 • (805) 667-4418 Maynard Keith Franklin, P.E. Robert L. Faris, P.E. Richard L. Pool, P.E. FEE SCHEDULE Scott A. Schell, AICP Qanuary, 1999) Principal Engineer $110.00 per hour Transportation Engineer II $65.00 per hour Transportation Engineer 1 $55.00 per hour Designer/Drafter $60.00 per hour Draftsperson II $45.00 per hour Draftsperson 1 $35.00 per hour Principal Planner $85.00 per hour Transportation Planner III $70.00 per hour Transportation Planner II $63.00 per hour Transportation Planner 1 $55.00 per hour Traffic Technician III $48.00 per hour Traffic Technician li $37.00 per hour Traffic Technician 1 $32.00 per hour Traffic Counter $20.00 per hour Administrative Secretary/ $40.00 per hour Bookkeeper Administrative Secretary $30.00 per hour Travel, Per Diem, and other miscellaneous expenses are invoiced at cost plus 10%. Personal auto mileage is invoiced at $0.30/mile. Engineering • Planning . Parking . Signal Systems 9 Impact Reports . Bikeways • Transit EXHIBIT C CITY OF ATASCADERO DEPARTMENT OF CONEVfUNITY SERVICES 1979 6500 PALMA AVENUE,ATASCADERO,CA 93422 Telephone:(805)461-5020 • Fax:(805)461-7615 DATE: December 21, 1998 SUBJECT: City of Atascadero Routes to School Warrant Analyses Request For Proposal Dear Consultant: The City of Atascadero is requesting proposals from professional engineering firms interested in providing the traffic engineering services for the following: PROIECT DESCRIPTION The project consists of the consultant providing all of the professional traffic engineering services require to prepare warrant analyses for various projects identified in the Suggested Routes to School Plan prepared by the Atascadero Unified School District. The warrant analyses shall be prepared in conformance with the California State Department of Transportation's (CalTrans) "Traffic Manual", latest edition. The consultant shall prepare warrant analyses for the following: 1. Atascadero Junior High School - installation of a flashing yellow beacon and overhead school sign on West Mall. 2. San Benito Elementary School - installation of a flashing yellow beacon and overhead school sign on Traffic Way. 3. San Gabriel Elementary School - installation of a flashing yellow beacon and overhead school sign. 4. Highway 41 (Morro Road) and San Gabriel Road - installation of a traffic signal. 5. Monterey Elementary School - installation of a flashing yellow beacon and overhead school sign on Traffic Way. BACKGROUND The Atascadero Unified School District has approximately 5,200 students within the city limits who travel by bus, car, bicycle, walking, etc. to one of seven schools. The District's walking distance ROUTES TO SCHOOL WARRANT ANALYSES RFP PAGE 1 OF 3 VAN*, r limits are one mile for grades K-6 and four miles for grades 7-12. The protection of school pedestrians is a shared responsibility of parents, teachers, school administrators, traffic engineers, governmental entities and vehicle drivers. It was the responsibility of the District is to develop a plan showing all streets, school locations and the routes to be used by students en route to and from school. The District reviewed the guidelines of the School Area Pedestrian Safety Manual 1993, published by the California Department of Transportation and solicited input from each school site, PTA representatives and the Safety Committee. Subsequent to a detailed study for "Safe Routes to School" to determine requirements for new sidewalks, bikeways, school crossings, traffic controls and roadway improvements the District has established a list of suggested improvements. QUALIFICATION AND SUBMITTAL REQUIREMENTS Submitting firms shall be qualified in the preparation of warrant analyses which conform with the CalTrans "Traffic Manual", latest edition. All work shall be performed under the direction of a civil or traffic engineer currently registered in the State of California. The submittal shall: 1. Demonstrate that the firm has the ability and experience necessary to conform with all ' warranty analysis requirements. 2. Provide evidence of the firm's previous experience with projects of comparable size and scope. 3. Show that the firm has the ability and adequate staff to complete the warrant analyses in a timely manner. 4. State that the submitting firm carries general liability insurance in the minimum amount of $1,000,000 and professional errors and omissions Insurance in the minimum amount of $1,000,000. 5. Provide references for a least three similar projects. References shall include a contact name and a current telephone number for the contact person. 6. State that the firm will be able to satisfy the intended participation of Disadvantaged Business Enterprises or that it will make a good-faith effort to do so. PROPOSAL FORMAT The consultant's proposal shall include the following clearly defined components and information: 1. An organization chart showing elements of Consultant's complete organization (including subconsultants if required), and identifying those elements to be dedicated to these Warranty Analyses. 2. A schedule of the process showing the length of time necessary for each process step. Indicate any items which would require changes from the preliminary schedule below. 3. A staffing plan showing all persons who will work on or review the project, including any subconsultant individuals who will work on the project. The staffing plan shall include ROUTES TO SCHOOL WARRANT ANALYSES RFP PACE 2 OF 3 man-hour estimates for each individual working on the project. 4. Staff resumes for all persons who will work on or review the Warranty Analyses, including subconsultant individuals. 5. Name of the project manager who will be assigned to the projects. 6. Name of individual authorized to negotiate contract on behalf of the firm. 7. A discussion of Consultant's use of Disadvantaged Business Enterprises on similar projects. 8. A list of those items to be delivered to the City of Atascadero. 9. A statement that the consultant has reviewed the City of Atascadero Consultant Services Agreement and agrees to, and will be bound by, all provisions thereof. 10. Consultant's fee schedule. TIME AND PLACE FOR SUBMISSION Four copies of the proposal shall be delivered in a sealed envelope to: City of Atascadero 6500 Palma Street, Room 208 Atascadero, CA 93423 Attn: John Neil, Assistant City Engineer The face of the sealed envelope shall show the name of the submitting firm and the project title. NO PROPOSAL FOR THIS PROJECT WILL BE CONSIDERED IF RECEIVED AFTER 5:OOPM ON JANUARY 21, 1999. NO FAXED PROPOSALS WILL BE ACCEPTED. Please direct all requests for clarification or questions to: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 (805) 239-3127 FAX (805) 239-0758 Attn: John Neil, Assistant City Engineer esp E rs, John B. Neil, P.E. Assistant City Engineer K:\USERS\GMH\95105\RTS.RFP ROUTES TO SCHOOL WARRANT ANALYSES RFP PAGE 3 OF 3