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HomeMy WebLinkAboutReso 1990-15467RESOLUTION NO. 15467 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FREDERIC R. HARRIS, INC. FOR CONSULTING SERVICES FOR THE FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT (FETSIM) PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as fol 1 ows: WHEREAS, the City was awarded a $105,500 Fuel Efficient Traffic Signal Management (FETSIM) Program grant to re-time 91 signalized intersections which intersections will be controlled by our new central traffic signal computer system, and develop and WHEREAS, consultant expertise and assistance is necessary to the required optimized traffic signal timing plans for this program, WHEREAS, the consulting firm of Frederic R. Harris, Inc. has been selected to provide this service to the City, and WHEREAS, the contract with negotiated in accordance with Council bidding is impractical. Frederic R. Harris, Inc. has been Policy No. 102-03 in that competitive NOW, THEREFORE, the City Council of the City of Chula Vista finds in accordance with Chula Vista Municipal Code Section 2.56.070 that competitive bidding is impractical. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and FREDERIC R. HARRIS, INC. for consulting services for the Fuel Efficient Traffic Signal Management Program, dated the 23rd day of January, 1990, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Assist:nt City Attorn~_~ Resolution No. 15467 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of January, 1990 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox None None None ATTEST: Grego~2y~ox, Mayo~ '~' Beverly A;' Au~t~lelet, Cl~cy ~lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15467 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 23rd day of January, 1990. Executed this 23rd day of January, 1990. Resolution No. 15467 Page 3 AGREEMENT FOR CONSULTING ENGINEERING SERVICES BETWEEN THE CITY OF CHULA VISTA AND FREDERIC R. HARRIS, INC. FDR A FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT (FETSIM) PROGRAM WHEREAS, the City of Chula Vista is in need of professional engineering services to prepare a new traffic signal timing plan; and WHEREAS, the City of Chula Vista has issued an invitation to engineering firms throughout the State of California to submit their proposals for such a study; and WHEREAS, the City evaluated the qualifications and proposals of six firms and interviewed four of these firms for possible selection; and WHEREAS, the City enlisted the assistance of representatives from other public agencies to assist in the interview process; and WHEREAS, Frederic R. Harris, Inc. was selected as the most qualified firm for the proposed project due to the firm's successful completion of similar projects for other public clients and due to costs, availability, and staffing. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista and Frederic R. Harris, Inc., a consulting firm, do hereby mutually agree as follows: I. PARTIES The parties to this agreement are the City of Chula Vista, a municipal corporation (hereinafter referred to as "CITY"); and Frederic R. Harris, Inc., a consulting firm (hereinafter referred to as "CONSULTANT"). II. INTENT OF THE PARTIES It is the intent of the CITY and CONSULTANT that CONSULTANT carry out the attached Proposed Scope of Work and Project Schedule (ATTACHMENT III. OBLIGATIONS OF THE CONSULTANT CITY, pursuant to this agreement, hereby contracts with Frederic R. Harris, Inc. (CONSULTANT) to act in its behalf directly and indirectly and in conjunction with CITY staff in carrying out the attached Work Program and Project Schedule (ATTACHMENT "A"). CONSULTANT will perform in accordance with the standard customarily provided by an experienced and competent professional engineering organization rendering the same or similar services. Upon execution of this agreement by both parties Resolutlo~l No. Page 4 IV. VI. 'hereto, CONSULTANT will be authorized and directed to proceed with the preparation and completion of tasks as provided in the attached Work' Plan and Project Tasks (ATTACHMENT "A"). Consultant shall proceed with the work immediately upon authorization and perform the work diligently to completion. CONSULTANT must be in attendance at the on-site visits by FETSIM technical assistance personnel. OBLIGATIONS OF THE CITY CITY shall regularly consult with the CONSULTANT for the purpose of reviewing the progress of the Traffic Study and to provide direction and guidance to achieve the objectives of the study. The CITY may permit access to its office facilities, files and records by CONSULTANT throughout the term of the contract. ADMINISTRATION OF CONTRACT The CITY hereby designates the Director of Public Works as the CITY's representative in the review and administration of the work performed by CONSULTANT, pursuant to the attached Work Program and Project Schedule (ATTACHMENT "A"). PROJECT SCHEDULE, TERM AND COMPLETION DATES The CITY hereby authorizes the Director of Public Works to administer the Work Program and Project Schedule as contained in ATTACHMENT "A". This agreement shall become effective upon execution as authorized by the Mayor of the CITY, or his designee, and shall terminate, i f not terminated pursuant to other provisions contained herein, or otherwise extended by all parties, on February 27, 1991. VII. COMPENSATION The compensation to be paid by CITY to the CONSULTANT shall be as presented in this section and not-to-exceed ONE HUNDRED ONE THOUSAND FIVE HUNDRED DOLLARS ($101,500.00). Fees for work performed shall include all expenses required to complete the tasks set forth below which may include but are not limited to: reproduction and printing; telephone charges; and automobile mileage. Work program tasks shall be completed by CONSULTANT in accordance with the Work Program and Project Schedule, (ATTACHMENT "A"). CONSULTANT will periodically submit invoices to CITY at the completion of each task. CITY agrees to pay the CONSULTANT a fee shown in the following table for Tasks 1 through 6. CONSULTANT will be required to submit itemized invoices in triplicate with details showing actual costs of various elements listed below for each task: a) Labor (number of hours and hourly rates by class of employee). -2- Resolution No. 15467 Page 5 b) Overhead (provide rate and list items included in overhead). c) Other direct costs {travel, printing, etc. -- travel costs are reimbursed in accordance with State of California transportation and per diem rates). d) Fixed fee (maximum profit percentage allowable is lO percent). Please note that this is a cost reimbursement program and that records on all costs must be kept for a minimum of three years following the date of the final payment. All records are subject to on-site inspection and audit. Task Description Amount 1 Link/Node Diagram $ 6,206 2 Data Collection 38,997 3 Model Calibration 18,843 4 Signal Optimization and Evaluation 26,175 5 Final Report 7,719 6 Training 3,560 Total Ten percent of total amount will be withheld and released upon submission of an acceptable final report and presentation of final report to the City Council. Invoices shall reference to Contract No. 51K781, project title and File No. CY-039. The CONSULTANT agrees that the contract cost principles and procedures, CFR48, Federal Acquisition Regulations System, Chapter l, Part 31, shall be used to determine the allowability of individual items of cost. The CONSULTANT also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrating Requirements for Grants-in-Aid to State and Local Governments. VIII. INTEREST OF CONSULTANT IX. The CONSULTANT presently has and shall acquire no interest whatsoever in the study area of this agreement, direct or indirect, which would constitute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by the CONSULTANT under this agreement. HOLD HARMLESS CONSULTANT agrees to indemnify and hold harmless the CITY against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the CITY, and shall -3- Resolution No. 15467 Page 6 defend, indemnify and hold harmless the CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the CONSULTANT or any of its officers, agents, or employees, during the performance of the terms of this contract. INSURANCE CONSULTANT shall, throughout the duration of this agreement maintain comprehensive general liability and property damage insurance covering all operations hereunder of CONSULTANT, its agents and employees including but not limited to remises and automobile, with minimum coverage of ONE M L~ON DOLLARS IL ($1,000,000.00) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the CITY as Additional Insured, shall be submitted to the City Clerk at 276 Fourth Avenue. Said policy or policies shall provide thirty (30) day written notice to the City Clerk of the CITY of cancellation or material change. CONSULTANT shall also carry Worker's Compensation insurance in the statutory amount and Employer's Liability coverage in the amount of ONE MILLION DOLLARS ($1,000,000.00); evidence of which is to be furnished to the CITY in the form of Certificate of Insurance. STANDARD OF CARE Service performed by the CONSULTANT under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Consultant will be reporting the ~indings actually observed and will not render a professional opinion cbncerning site conditions other than those actually observed. XII. TERMINATION OF AGREEMENT FOR CAUSE If through any cause CONSULTANT shall fail to fulfill in a timely and proper manner his obligations under this agreement, or if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this agreement, CITY shall have the right to terminate this agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least five {5) days before the effective date of such termination. The City has the authority to terminate its contract with the consul tant at any time during the period of the study if it is found by the City that the CONSULTANT's falls behind delivery -4- Resolution No. 15467 Page 7 of a specific product. If the CONSULTANT specific product, a notice will be sent by giving 15 days to submit such product terminated. falls behind delivery of a the City to the CONSULTANT or the contract will be XIII. TERMINATION OF AGREEMENT FOR CONVENIENCE OF CITY CITY may terminate this agreement at any time and for any reason by giving specific written notice to CONSULTANT of such termination and specifying the effective date thereof, at least thirty days before the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the CITY, become CITY's sole and exclusive property. If the agreement is terminated by CITY as provided in this paragraph, CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. CONSULTANT hereby expressly waives any and all claims for damages or compensation arising under this agreement. CONSULTANT are reminded that the primary objective of these grants is the implementation of fuel efficient signal timing plans. Completion of all tasks except implementation does not serve the public. Therefore, CONSULTANT are not entitled to payment of grant funds or the CITY may request reimbursement of grant funds if timing plan implementation does not occur. <IV. ASSIGNABILITY CONSULTANT shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of CITY. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ~TERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this agreement shall be the sole and exclusive property of the CITY. No such materials or properties produced in whole or in part under this agreement shall be subject to private use, copy rights, or patent rights by CONSULTANT in the United States or in any other country without the express written consent of CITY. CITY shall have unrestricted authority to publish, disclose {as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this agreement. The title pages of the report shall bear an appropriate inscription acknowledging the sources of funds used to produce the report. -S- Resolution No. 15467 Page 8 The report shall contain the following disclaimer in a separate section preceding the main body of the document: "The contents of this report reflect the views of the author who is responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the State of California or the Federal Highway Administration. This report does not constitute a standard, specification, or regulation." XVI. INDEPENDENT CONTRACTOR XVII. XVIII. XIX. CITY is interested only in the results obtained and CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this agreement. CITY maintains the right only to reject or accept CONSULTANT's final work product(s) as completed. CONSULTANT and any of the CONSULTANT's agents, employees, or representatives are, for all purposes under this agreement, an independent contractor, and shall not be deemed to be an employee of CITY, and none of them shall be entitled to any benefits to which CITY employees are entitled, including hut not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. CHANGES CITY may from time to time require changes in the scope of the services by CONSULTANT to be performed under this agreement. Such changes, including any change in the amount of CONSULTANT's compensation which are mutually agreed upon by CITY and CONSULTANT, shall be effective as amendments to this agreement only when in writing. RESPONSIBLE CHARGE CONSULTANT shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. The Project Manager for CONSULTANT shall be Mr. John C. Tsiknas. Nondiscrimination During the performance of this contract, CONSULTANT shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. CONSULTANT shall comply with the provisions 'of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et -6- ~solution No. 15467 Page 9 seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. CONSULTANT shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. XXI. Retention of Records/Audit XXII. XXIII. The CONSULTANT shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, but not limited to, the costs of administering the contract. CONSULTANT shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor General, FHWA, or any duly authorized representative of the Federal government shall have access to any books, records, and documents of the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. (Government code Section 10532). Subcontracting The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the CITY, except that which is expressly identified in the CONSULTANT's proposal. Disputes and Attorney's Fees Any dispute concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by the State's Contract Officer, who may consider written or verbal evidence submitted by the Contractor. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on both parties to the contract on all questions of fact considered and determined by the Contract Officer. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse the CONSULTANT from full and timely performance in accordance with the terms of the contract. -7- ~esolution No. 15467 Page 10 Should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable cost. t incurred in the defense of the claim, including court costs a attorney's fees. IN WITNESS WHEREOF, CITY and CONSU~_NT have executed this contract for engineering services this CITY OF CHULA VISTA day Of .' IVl,_~LL.~ , 1990. CONSULTANT BY: Fr~R. Harris, Inc. D. Richard Rudolf City Attorney WPC 4761 E -8- Resolution No. 15467 Page 11 ATTACHMENT "A" Scope-of-Work The scope-of-work under this contract includes 98 traffic signals as shown in Figure 1 and Exhibit A. Ninety-one of the.signals are owned and maintained by the City of Chula Vista. The remaining seven traffic signals are under the jurisdiction of CalTrans. These signals affect the timing coordination for some of the 91 signals (see Figure 1 #92-98). CalTrans is allowing the City of Chula Vista to coordinate the timing with their seven traffic signals. The timing of these seven traffic signals cannot be modified. However, the City's traffic signal timing shall be based and coordinated from CalTrans seven signals. Of the 91 traffic signal locations, as part of the requirements for the FETSIM grant, the consultant shall train City of Chula Vista staff on how to change, modify and install the new timing for eight locations. Figure 1 shows these locations numbered as #84-91. The consultant, therefore, will do the 83 traffic signals and coordinate these signals with CalTrans seven signals. The consultant s final report shall include all 98 traffic signal locations. The consultant shall perform the following tasks and assure that 90 signals are properly and efficiently coordinated (includes seven CalTrans signals). In general, it is intended that the consultant will establish familiarity with the 90 intersections in Chula Vista including available data, will attend the training workshops, collect, reduce and check all data required as input to the TRANSYT-7 program, code and input data, check data files, debug and calibrate TRANSYT-7, make production runs, interpret and check output, evaluate several computer optimization production runs, install TFU~NSYT-7 optimized signal settings, monitor traffic performance, adjust and/or fine tune the system, conduct before and after studies, and prepare all progress reports and final report of 98 traffic signal locations as per the schedule labeled Exhibit B. TASK 1 Consultant will field check all the equipment and meet with City staff. The consultant will be required to attend the FETSIM orientation workshop in January 1990 This workshop will cover the basic principles of the TRANSYT-7 model; data collection requirements, coding input to TRANSYT-7, interpreting the TRANSYT output data, etc. The consultant will develop and produce a presentation quality Link/Node diagram depicting Node numbers, Link numbers, Link lengths and travel speeds between Nodes. This diagram shall include 98 traffic signal locations which includes seven CalTrans locations Resolution No. 15467 Page 12 TASK 2 The consultant is responsible for, but not limited to, collecting the following data: A. Through and turning movement counts for all 98 traffic signal locations during the following four tim~ periods: 1. A.M. peak hour period 2. Noon peak hour period 3. P.M. peak hour period 4. OFF peak hour period The consultant shall submit a schedule indicating the dates, times and locations from which intersection movement counts will be obtained. Locations are indicated on Exhibit A. The City will provide 24 hour approach traffic volumes for all locations. It shall be the consultant's responsibility to obtain the necessary timing data from CalTrans for their seven traffic signal locations. Existing City of Chula Vista traffic signal timing plans will be provided to the consultant. The consultant will conduct a floating car field study to provide "before" and "after" study results for all four time periods mentioned in Task 2A. The study will include travel time, travel speed, delay time, stops and etc. A minimum of six floating car runs per each time period per~ direction will be necessary for the 83 City traffic signal locations {#1-83) and seven CalTrans traffic signal locations (#92-98) as per Figure 1. The consul tant will be required to determine and prepare: Saturation flow, lost time, green extension, midblock flow profiles, speeds, queue lengths, and intersection geometrics for the 83 City traffic signal locations (#1-83) and seven CalTrans traffic signal locations (#92-98) as per Figure 1. A review of all data collected will be performed by the Office of the City Traffic Engineer. If, in the opinion of the City Traffic Engineer, invalid, inconsistent or unusable data has been submitted, the consultant will be required to obtain new data at no additional cost to the City of Chula Vista. The field data shall be obtained only on Tuesdays, Wednesdays, and/or Thursdays. In addition, field data shall be collected in 1990 during non-holidays, school periods, and only during non-adverse weather, and roadway conditions (such as construction zones, lane closures, motor vehicle accidents, special events, etc.). -2- Resolution No. 15467 Page 13 TASK 3 Fhe consultant is to prepare and enter into computer: input data, complete initial simulation runs and calibrated model. The initial activity in this task will be to prepare a separate TRANSYT-7 input data for each time period mentioned in Task 2A. Upon completion of the input data, the TRANSYT-7 model will be calibrated to existing conditions for each time period mentioned in Task 2A. The result of this task will be an operational and calibrated TRANSYT-7 model for each time period. The consultant will be required to attend the TRANSYT-7 simulation training and the calibration workshops. The consultant will prepare TRANSYT-7 simulations runs for each time period that is identified in Task 2A for the 83 City traffic signal locations {#1-83) and seven CalTrans traffic signal locations (#92-98) as per Figure 1. Calibrate TRANSYT-7 to model existing traffic conditions in the project area for the four time periods identified in Task 2A. TASK 4 The consultant is responsible to complete TRANSYT-7 optimization runs and fine tune the timing plans. The floating car "before" study must be finished prior to completion of this task. - The consultant shall develop a recommended timing plan for four time periods {A.M.,.Noon,.P.M., and OFF-peak). The consultant will be required to attend the FETSIM Optimization/ Implementation workshop. The consultant will direct City staff in the correct method of implementing the TRANSYT-7 fine tuned timing plans in the City's central computer The timing sheet form shall be prepared by the consultant which will translate the TRANSYT-7 output into the City's central c~mputer's format. The consultant will "walk-through" and monitor the timing plans, operations, capability and make fine tuned adjustments as required. Additionally, the consultant will be sensitive to public comments concerning the timing plans implemented and will make changes that will satisfy the requirements of the FETSIM project as well as the public. The consultant will conduct a floating car field study to provide "after" study results. This study will include travel time, travel speed, delay time, stops, etc. A minimum of six sample runs per arterial, per time period per direction will be necessary for statistical purposes. -3- Resolution No. 15467 Page 14 TASK 5 Consultant shall write the final report which shall include all 98 traffic signal locations. The final report shall be prepared as per CalTrans guidelines. The consultant will be required to attend the FETSIM User Workshop and present this final report. Also consultant will be presenting the final report to the Chula Vista City Council. TASK 6 Consultant shall train City staff on the following areas at the eight locations which are numbered 84 through 91 as per Figure 1: Task 2C Task 2D Deliverables: 1. Consultant shall provide 20 copies of the final report. 2. The final report shall be signed by a Registered Civil Engineer or Traffic Engineer. Consultant shall provide all data mentioned in Task 2A into an IBM compatible PC and supply the City with copies on 5-1/4" floppy disks. All data is to be referenced b.y street names, node numbers and City intersection location codes. The following deliverables listed below require an original and four copies (except if noted otherwise) for all 98 traffic signals: 1. Link/Node Diagram due February 15, 1990. 2. Data Reduction Sheets due April 9, 1990. 3. Calibrated Simulation Computer Runs and Field Calibration Data due June 29, 1990. 4. Simulation Computer Runs of Fine Tuned Signal Timing Plans due October 25, 1990. 5. Final Report due December 17, 1990 (20 copies). All tasks are to be completed by the due date scheduled in Exhibit B. The City will provide consultant the location, date and time for the FETSIM workshops when they are available. The City project manager shall be sent a brief monthly progress report which includes: 1. A summary of work completed during the previous month. -4- Resolution No. 15467 Page 15 2. Discussion of any significant problems encountered. 3. Total effort expended on each task broken down into hours spent by each staff member. 4. Percent of project completion by task. The monthly progress report shall be included with the consultant's invoice. All reports and pertinent data or materials prepared under this agreement shall be the property of the City of Chula Vista and shall not be used or reproduced in any form without the explicity written permission of the City of Chula Vista. Consultant must be in attendance at the on-site visits by FETSIM technical assistance personnel. WPC 4762E -5-