ITEM 4. 25
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 25- 12 FOR RIVER ISLANDS
PARKWAY AND OBERLIN AVENUE TRAFFIC SIGNAL
AND APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH HEXAGON TRANSPORTATION
CONSULTANTS, INC. AND BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Create CIP PS 25- 12 for River Islands Parkway and Oberlin Avenue Traffic Signal
and Professional Services Agreement With Hexagon
Transportation Consultants, Inc. and Approve
Budget Amendment
SUMMARY:
During the September gth, 2024 City Council Regular Meeting, City Council discussed concerns about the safety of pedestrians crossing the River Islands Parkway and Oberlin Avenue ( Intersection) to access the newly constructed Champions Community Park. Staff advised against the installation of an All -Way Stop Control AWSC) at the Intersection as the traffic conditions and volumes do not currently meet the AWSC warrants of the California Manual on Uniform Traffic Control Devices CAMUTCD). City Council directed staff to install an AWSC with a pedestrian crossing at the Intersection and work toward the installation of a traffic signal to replace the AWSC at a later date.
The AWSC and pedestrian crossing was installed by City staff on September 24, 2024.
Staff completed a warrant analysis for a traffic signal at the Intersection and determined that a signal is not warranted under current and anticipated future conditions.
At the direction of City Council, staff provided this opportunity to create Capital Improvement Project ( CIP) PS 25- 12 for the River Islands Parkway and Oberlin Avenue Traffic Signal ( Project). Staff requested a proposal from Hexagon Transportation Consultants, Inc. (Hexagon) for the design of the traffic signal. No other design consultants were solicited as Hexagon is the main traffic consultant for the River Islands development and therefore has a unique understanding of the Intersection and surrounding area.
Staff requests that City Council consider the creation of CIP PS 25- 12 for the Project and a professional services agreement with Hexagon to provide the design of the traffic signal for a total cost of $ 42, 000. Staff also requests council consider the approval of a budget amendment transferring $800, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) to fund the design engineering phase and estimated construction cost.
CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 12 FOR RIVER ISLANDS PARKWAY AND OBERLIN AVENUE
TRAFFIC SIGNAL AND APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. AND BUDGET
AMENDMENT
BACKGROUND:
During the September 9th, 2024 City Council Regular Meeting, City Council discussed concerns about the safety of pedestrians crossing the Intersection to access the newly constructed Champions Community Park. Staff advised against the installation of an All -Way Stop Control ( AWSC) at the intersection of River Islands Parkway and Oberlin Avenue ( Intersection) as the traffic conditions and volumes do not currently meet the AWSC warrants of the California Manual on Uniform Traffic Control Devices CAMUTCD). City Council directed staff to install an AWSC with a pedestrian crossing at the Intersection and work toward the installation of a traffic signal to replace the AWSC at a later date.
Staff requests that City Council consider the creation of CIP PS 25- 12 for the Project and a professional services agreement with Hexagon to provide the design of the traffic signal for a total cost of $ 42, 000. Staff also requests council consider the approval of a budget amendment transferring $ 800, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) to fund the design engineering phase and estimated construction cost.
REASON FOR RECOMMENDATION:
CIP 25- 12 will fulfill the request of City Council to install a traffic signal at the Intersection.
FISCAL IMPACT:
Sufficient funds were not allocated in the approved FY 24-5 budget. Therefore, staff is requesting the approval of a budget amendment transferring $ 800, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 100
800, 00
800, 00
PS 25- 12 $ 800, 00
PS 25- 12 $ 800, 00
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 12 FOR RIVER ISLANDS PARKWAY AND OBERLIN AVENUE
TRAFFIC SIGNAL AND APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. AND BUDGET
AMENDMENT
ATTACHMENTS:
A. Resolution to Create CIP PS 25- 12 for River Islands Parkway and Oberlin Avenue Traffic Signal and Professional Services Agreement With Hexagon Transportation Consultants, Inc. and Approve Budget Amendment B. Professional Services Agreement with Hexagon Transportation Consultants, Inc.
CITY MANAGER' S REPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 25- 12 FOR RIVER ISLANDS PARKWAY AND OBERLIN AVENUE
TRAFFIC SIGNAL AND APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. AND BUDGET
AMENDMENT
APPROVALS:
Brad aylor
City Engineer
Date
o13/ aoa1
Cari Ja Date
Finance D ctor
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
10 • 2 • Z. 0Z'
O - • - LO
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP PS 25- 12 FOR RIVER ISLANDS PARKWAY AND OBERLIN
AVENUE TRAFFIC SIGNAL AND APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. AND
BUDGET AMENDMENT
WHEREAS, during the September 9th, 2024 City Council Regular Meeting, staff advised against the installation of an All -Way Stop Control ( AWSC) at the intersection of River Islands Parkway and Oberlin Avenue ( Intersection) as the traffic conditions and volumes do not currently meet the AWSC warrants of the California Manual on Uniform Traffic Control Devices ( CAMUTCD); and WHEREAS, City Council directed staff to install an AWSC with a pedestrian crossing at the Intersection and work towards the installation of a traffic signal to replace the AWSC at a later date; and
WHEREAS, the AWSC and pedestrian crossing was installed by City staff on September 24, 2024. Staff completed a warrant analysis for a traffic signal at the Intersection and determined that a signal is not warranted under current and anticipated future conditions; and
WHEREAS, at the direction of City Council, staff drafted this resolution to allow council to create Capital Improvement Project ( CIP) PS 25- 12 for the River Islands Parkway and Oberlin Avenue Traffic Signal ( Project); and WHEREAS, staff requested a proposal from Hexagon Transportation Consultants, Inc. (Hexagon) for the design of the traffic signal. No other design consultants were solicited as Hexagon is the main traffic consultant for the River Islands development and therefore has a unique understanding of the Intersection and surrounding area; and
WHEREAS, staff requests that City Council consider whether to create CIP PS 25- 12 for the Project and approve a professional services agreement with Hexagon to provide the design of the traffic signal for a total cost of $42, 000; and WHEREAS, staff also requests council consider whether to approve a budget amendment transferring $ 800, 00 from the General Fund Street Repair Reserves 1010) to the CIP Project Fund ( 3310) to fund the design engineering phase and estimated construction cost as follows:
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
800, 00
800, 00
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
PS 25- 12 $ 800, 00
PS 25- 12 $ 800, 00
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of CIP PS 25- 12 for the Project and approve a professional services agreement with Hexagon to provide the design of the traffic signal for a total cost of $42, 000; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 800, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) to fund the design engineering phase and estimated construction cost as detailed above.
The foregoing resolution was passed and adopted this 14th day of October 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
g ..
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
HEXAGON TRANSPORTATION CONSULTANTS, INC.
TO PROVIDE TRAFFIC SIGNAL DESIGN SERVICES TO COMPLETE
THE DESIGN PHASE FOR CIP PS 25- 12 RIVER ISLANDS PARKWAY
AND OBERLIN AVENUE TRAFFIC SIGNAL
THIS AGREEMENT, dated for convenience this 14T" day of October 2024, is by and between HEXAGON TRANSPORTATION CONSULTANTS, INC. ("CONSULTANT') and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANTpursuantto said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Consulting Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service.
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently performthese services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Paymentof additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation.
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 42, 000, for the Professional Consulting Services set forth in Exhibit "A". CONSULTANT shall be paid any uncontested sum due and payable within thirty (30) days of receipt of billings containing all information pursuantto Paragraph 5 below. Compensation for anytask must be equal to or less than the percentage of task complete. In no event
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
shall CONSU LTANTbe entitled to compensation forwork not included in Exhibit" A" unless a written change order or authorization describing the extra work and payment terms has been executed byCITY' sauthorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
3) Effective Date and Term.
The effective date of this Agreement is October 14, 2024, and it shall terminate no later than July 31. 2026.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independentcontractor, CONSULTANT is responsibleforcontrolling the means and methods to complete the scope of work described in Exh i bit" A" to City' ssatisfaction.
CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings
CONSULTANTS bills shall include a list of all tasks, the total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all sign ificantdevelopments arising du ring performance of its services hereunder, and shall fu rn ish to CITY such information as is necessaryto enable CITY to mon itorthe performance of this Agreement.
7) Assignment of Personnel
CONSULTANT shall assign only competent person n el to perform services pursuant to thisAgreement. If CITY asks CONSULTANTto remove a person assigned to the work called for u nderth is Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
The services shall be performed by, or under the direct supervision, of CONSULTANTs Authorized Representative: Jeffrey A. Elia, P. E., CONSULTANT shall notreplace its Authorized Representativewithoutthe prior written approval by the CITY.
8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. NeitherthisAgreementnor any interesttherein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontractany portion of the performance contemplated and provided for herein, otherthan the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections( a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANTshall, at CONSULTANTS sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' sLiability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, orthe CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed u nderth is Agreement. b) Commercial General and Automobile Liability Insurance.
CONSULTANT, at CONSULTANTS own cost and expense, shall
maintain commercial general and automobile liability insuranceforthe period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limitcoverage forrisks
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed u nderth is Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insu ran ce Services Office Automobile Liabilityform CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s
general supervision of
CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that n o oth er insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California - admitted insurerswith a Best' srating of no less than A: VII.
vi) Notice of cancellation or non - renewal must be received by CITY at least thirty days prior to such change.
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain forthe period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed 150, 00per claim.
ii) Notice of cancellation, material change, or non -renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claim made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, CONSULTANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work. The CITY
shall
cost,
have
any extended
the rightto
reporting
exercise
provisions
at the CONSULTANT' S
of the policy
should the CONSULTANT cancel or not renew the
coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles orself- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and with in the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deductand retain the amou ntof the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or with hold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' Swork hereunder, it is understood and agreed that (a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANTto perform the work in a skillful
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed underthisAgreementdoes not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is furtheru nderstood and agreed that CONSULTANTis apprised of the scope of thework to be performed underthisAgreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.
CONSULTANT sh all indemnify, and hold CITY, its officers and employees harmless from and against liability, claims, suits, actions, damages, and causes of action arising outof any personal injury, bodily inju ry, loss of life, ordamageto property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the negligent performance of this work, except for any such claim arising outof the negligenceor willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is u nderstood that the duty of CONSULTANTto indemn ifyand hold harmless shall be in proportion to the percentage offaultofthe CONSULTANT that has been actually determined. Acceptance of insurance certificates and en dorsemenis required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 11) Licenses
If a license of any kind, wh ich term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSU LTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANTshall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' Sdeliverytothe CITY of anyor all documents,
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Funding
CONSULTANT agrees and understands that renewal of this agreement in su bsequentyears is contingent upon action by the City Council consistentwith the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) Days by delivery of a hard copy of the material sent by facsimile transmission.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: (209) 941- 7430
FAX: (209) 941- 7449
To Consultant: Jeffrey A. Elia, P. E.
100 Century Center Court, Suite 501
San Jose, CA 95112
Phone: ( 408) 971- 6100
16) Miscellaneous
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
a) Consent. Whenever in this Agreement the approval or consent of a party is requ ired, such approval or consentshall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior govern mental authority.
e) Headings. The paragraph headings are nota part of this Agreement and shall have no effect upon the construction orinterpretation of any part of this Agreement.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition , clause, qualification, restriction, reservation, term or other stipulation in th eAgreementshall define or otherwise control, establish orlimitthe performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) Severability. If a cou rt of competent jurisdiction finds orrulesthat any
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
provision ofthisAgreement is void or u nenforceable, the provisions of this Agreement not so affected shall remain in full force and effect. k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall notbe entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives anyand all claims to such right and benefits.
Successors and Assigns. The provisions of this Agreement shall inu reto the benefitof, and shall apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereu nder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Satu rday, Sunday or any Day observed as alegal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the eventthatsuitis broughtby eitherparty hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the Countyof San Joaquin orin the United States District Court for the Eastem District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may
fees,
recover
incurred
its
or
reasonable costs, including reasonable attorney' s
expended in connection with such action againstthe
non -prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall notbe issued until all necessary bonds and insurances have been received. City shall notbe obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 18) Signatures
The individuals executing thisAgreement represent and warrant that they havethe right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR PS 25- 12
Approved as to Form:
Recommended for Approval:
Accepted By:
CONSULTANT:
City of Lathrop
City Attorney
3 . ) tY
Salvador Navarrete Date
City of Lathrop
City Engineer
Brad Taylor Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Jeffrey A. Elia, P. E.
100 Century Center Court, Suite 501
San Jose, CA 95112
Fed ID #
Business License #
Signature Date
Print Name and Title)
EXHIBIT " A- "
I-[XMOM hAMSEOTATIOM ( OMSULTAMTS, IN(.
September 24, 2024
Brad Taylor
City of Lathrop - Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
Re: Proposal to Provide Traffic Engineering Design Services for the Signal Installation at the Intersection ofRiver Islands Parkway and Oberlin Avenue in Lathrop, California Dear Brad,
Hexagon Transportation Consultants, Inc. is pleased to submit this proposal for providing traffic engineering design services associated with the signal installation at the intersection of River Islands Parkway and Oberlin Avenue for the City of Lathrop.
Project Understanding
It is our understanding that the City of Lathrop would like to install a traffic signal at the existing two- way stop intersection of River Islands Parkway and Oberlin Avenue. In order to accommodate these improvements traffic signal design plans will be needed. In addition, we anticipate there will be minor signing/ striping improvements needed in the vicinity of the intersection to accommodate the traffic signal installation.
Hexagon will prepare traffic signal installation plans and signing/ striping plans to accommodate the project improvements described above. The plans will be designed in accordance with all applicable federal, state, and local regulations and standards, such as the Califomia Manual on Uniform Traffic Control Devices ( CA MUTCD) requirements, the Americans with Disabilities Act ADA) requirements, the Caltrans Standards and Specifications, etc. In addition, Hexagon will ensure that the plans adhere to City of Lathrop format, and that equipment specified on the plans is in accordance with City of Lathrop preferences.
Note that utility, joint trench, and civil engineering improvements ( such as curb, gutter, sidewalk, curb ramps, corner improvements, median modifications, etc.) that may be necessary due to these traffic signal and signing/ striping improvements are not covered within this scope of work.
Work Scope
Traffic Signal Installation Plans
Traffic signal installation plans will be developed for the intersection of River Island Parkway and Oberlin Avenue. The traffic signal plans will be designed to be compliant with applicable State and Federal Standards, modified for any special local agency standards and requirements.
Signal Interconnect Plans
It is assumed that signal interconnect plans will be needed to connect the new signal at River Island Parkway and Oberlin Avenue to the signals at the adjacent River Island Parkway intersections at Dell' Osso Drive and Sidwell Drive. The signal design plans will include the 100 Century Center Court, Suite 501 • San Jose, California 95112 • phone 408. 971. 6100 • fax 408. 971. 6102 • www. hextrans. com 4‘ Brad Taylor
September 24, 2024
necessary notes and details to document the installation and modification of signal interconnect conduit, cable, pull boxes, and equipment associated with the new traffic signal.
It is assumed that since the fiber optic system is owned and maintained by the City, the City will provide a list of necessary equipment and the required information for fiber terminations. Any relevant information provided by the City can be included in the signal interconnect plans in the form of notes and equipment information. However, our scope does not include identifying the specific fiber optic strands to be spliced ( i.e., developing splice diagrams) or determining what equipment the City needs installed in the controller cabinet( s).
Signing and Striping Plan
Signing and striping plans will be designed for the project intersection and adjacent street segments as necessary to accommodate the new traffic signal.
Intersection Safety Lighting Photometric Analysis
If required by the City, Hexagon will conduct a photometric analysis of the safety lighting at the project intersection. The results of the analysis will be presented to the City along with the project plans to verify that the safety lighting layout and luminaire types specified in the design adequately satisfies the City' slighting standards. Note that this analysis is for the project intersection only and does not cover new street lighting on the street segments adjacent to the project intersection.
Work Tasks
1. Preliminary Investigation and Coordination
Obtain and Review Background Information
Hexagon will work with the City to research any special requirements the City may have regarding the proposed traffic signal and signing/ striping improvements. Hexagon will work with City staff to obtain any relevant background information that may be useful or required to complete the signal design, such as traffic studies and as -built plans. We will obtain existing utility plans from the recently completed River Islands Development improvements for the project area for use in the design of the new traffic signal pole and cabinet locations.
Field Investigations
Hexagon will field -verify existing traffic signal interconnect and street light facilities, the routing of electrical conduits, and the size, location, and contents of existing pull boxes and cabinets near the intersection. Our design base maps will be updated as necessary to accurately reflect existing conditions. Potential conflicts with overhead and underground utilities and obstructions, and other conflicts not readily apparent on the topographic maps will be identified in the field.
Use of Existing Base Maps
Hexagon will prepare base maps for the traffic signal and signing/ striping improvement plans utilizing files containing topographic mapping from recently completed River Islands Development improvements in the area. Hexagon will conduct a field visit to verify that the CAD base maps from the recently completed River Islands Development improvements in the area accurately reflect the existing conditions. As necessary, we will make minor adjustments to the existing CAD base maps based on our field visit. However, no new topographic mapping will be collected. prir- ig Brad Taylor
September 24, 2024
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2. Construction Documents
Plans, Specifications, and Estimates
Plans — The construction plans will include a layout of the proposed improvements at the intersection and will include all design elements, full equipment specifications, and any other features necessary for complete and biddable construction plans.
Specifications — A separate set of Technical Special Provisions for electrical systems construction and signing/ striping improvements, if required by the City, will be prepared for inclusion in the Project Specifications.
Cost Estimates — A detailed estimate of probable construction costs will be prepared and will be submitted for review along with the construction plans.
Review Submittals - Our scope and fee includes time and cost for up to three submittals of the construction plans, specifications, and cost estimates to the City for review and comment. Unless specifically requested otherwise, all review submittals will be made electronically. As part of each submittal, we will return the marked - up plans from the previous submittal along with a list of the City comments and our responses.
Meetings
The project team will participate in conference calls and video conferences with City staff, as necessary, during the design phase of the project. In -person meetings are not included in this scope of work.
3. Coordination with Other Agencies/ Entities
Electrical Service Point and Meter Coordination
Hexagon will assist the City in preparing and submitting an application for a new electrical service point and meter for the new traffic signal. Reimbursement of any application fees or service engineering fees associated with this task is to be exclusive of our fee for engineering services described below.
4. Final Design ( Bid Set Submittal)
Upon notification that the 100% PS& E have been approved, we will prepare final deliverables construction documents) which will include PDFs and one (1) full- size mylar copy of the plan sheets featuring the signature of a responsible Professional Engineer.
5. Bid and Construction Support Services
Bid Support
We will provide support to the City during the bidding process to answer questions by prospective bidders related to the traffic signal designs.
Material Submittals
We will review material submittals for general conformance with the design concept and general compliance with the contract documents.
Request for Information ( RFIs)
We will provide the City with support during construction to respond to RFIs. Upon receipt of an RFI we will review and prepare written responses.
Brad Taylor
September 24, 2024
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6. Record Drawings
At the completion of construction, Hexagon will produce Record (" As -Built") Drawings to document the construction and installation of the traffic signal systems designed in the plans. The as -built drawings will be based on redline comments on the plans to be provided by the contractor and/ orthe project inspector and on a cursory field review performed by Hexagon staff.
Time of Performance
We are prepared to start work immediately upon receipt of contractual agreement. Barring any unforeseen delays, we estimate the first submittal of the plans can be ready within six to eight weeks after we receive authorization to proceed. Each following submittal will be provided within three weeks of the receipt of respective review comments.
Cost of Services
The fee for the scope of services above is quoted for a lump sum amount of $42, 000. Billings will be conducted monthly, on a percent complete basis. This price quote is good for 30 days from the date of this letter. After that time, please contact us for an updated proposal. Should additional services be required, they will be performed for an additional fee to be authorized in advance.
Additional Services and Expenses
Additional services and expenses in connection with the project, not otherwise provided for in this proposal, will be provided upon written authorization. Examples of additional services and expenses include, but are not limited to, the following:
Producing more than four total submittals ( three review submittals and a Final/ Bid Set), developing base maps to cover areas excluded from the existing civil base maps, redesign resulting from changes beyond Hexagon' scontrol, preparing temporary traffic control plans,
conducting a photometric analysis for street segments,
preparing signal timing plans,
response to additional reviews,
preparing traffic operations studies or warrant evaluations, attendance at in - person meetings,
attendance at pre -construction meetings or construction progress meetings, reproduction and delivery of hardcopy reviewal submittal plan sets, and Utility company application or engineering fees.
P." 4111 Brad Taylor
September 24, 2024
We look forward to working with you and appreciate your consideration of Hexagon for this assignment. If you have any questions, please do not hesitate to call. Thank you.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Jeffrey A. Elia, P. E.
Principal Associate
Rueben R. Rodriguez, P. E., T. E.
Associate