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HomeMy WebLinkAboutCity of Fountain Valley - 1982-01-01s ` TI9., �FIC SIGNAL INTERMtJ ZTECT AGREENIL r WARNER AVENUE FROM THE PACIFIC COAST HIGHWAY TO NE[VHOPE STREET THIS AGRELMENT, made and entered into this day of , 198 , by and between the Cities of Fountain Valley and Huntington deach, wnicipal corporations of the State of California, hereinafter called FOUNTAIN VALLEY and HUNTINGTON BEACH. W I T N E S S E T H: WHEREAS, the proposed interconnected traffic signal system on Warner Avenue, from the Pacific Coast Highway to Newhope Street is within the corporate boundaries of FOUNTAIN VALLEY and HUNTINGTON BEACH, and WHEREAS, engineering studies indicate that installation of an intercon- nected traffic signal system is warranted at the above -described location for improved traffic safety and efficiency, and WHEREAS, it is agreed between FOUNTAIN VALLEY and HUNTINGTON BEACH that installation of the interconnected traffic signal system would be mutually beneficial and improve traffic safety in these cities. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1. A traffic enginering consulting firm, mutually selected by the aforementioned cities, shall prepare plans and specifications for the instal- lation of an interconnected traffic signal system along the previously described portions of Warner Avenue. 2. FOUNTAIN VALLEY and HUNTINGTON BEACH shall have the right to approve such plans and specifications. 3. After approval of said plans and specifications by FOUNTAIN VALLEY and HUNTINGTON BEACH, FOUNTAIN VALLEY shall advertise for bids, pursuant to California State law. -1- 4. The traffic engineering consulting firm shall perform the inspection of the construction subject to approval of the herein involved agencies. 5. Engineering, inspection, construction, and other miscellaneous related costs for this interconnected traffic signal system shall be paid for by the parties hereto on a prorata psis as established by the construction costs within the boundary of each agency. The "Contract Bid Proposal" shall be so written so as to clearly define those construction items directly applicable to each municipality with those costs establishing the percentages of all applicable costs relative to this installation. The prorata share shall be based upon the following intersections by jurisdiction: Fountain Valley Huntington Beach Newland (9%) Pacific Coast Highway Magnolia (60%) Algonquin Bushard Bolsa Chica - Add left -turn phasing Brockhurst Graham Ward Springdale - Add left -turn phasing Euclid Edwards - Add left -turn phasing NeAiope Goldenwest - Add left -turn phasing Gothard Nichols Beach Newland (91%) - Add left -turn phasing Magnolia (40%) Any additions or deletions to aforementioned locations shall require an adjustment in the prorata shares for each agency. 6. Each city will pay its proportionate share within sixty (60) days after notice of completion of the construction contract. Said notice -2- of completion shall be filed in the County Recorder's office of the County of Orange. 7. FOUNTAIN VALLEY will require the engineering consulting firm and the contractor who receives the bid to keep an exact accounting of the expenditures on the project. 8. FOUNTAIN VALLEY shall not issue any contract change order without first having obtained approval from HUNTINGTON BEACH. Said change orders shall be applied to the affected municipality. 9a. Upon completion of the installation of the interconnected traffic signal system, the maintenance of said system shall become the responsibility of each agency individually for those items within their jurisdiction, including maintenance of MODEM to its connector to the interconnect cable system. 9b. FOUNTAIN VALLEY and HUNTINGTON BEACH shall share in the building maintenance costs, including personnel requirements, related to the operation of the interconnect system on the percentage basis as established by the number of intersections within each jurisdiction as established in Item 5 of this agreement. The prorata shares based upon the number of intersections shall be 33.47% for Fountain Valley and 66.53% for Huntington Beach. 10. Operational performance of the system and proposed changes to the operational characteristics of the system shall be reviewed quarterly by a Coordinating Committee. Said Coordinating Committee shall be comprised of one representative from FOUNTAIN VALLEY and one representative from HUNTINGTON BEACH. The Committee shall annually choose its own chairperson, and shall annually prepare a summary report of the system activity for the previous year and future needs. The report shall cover one calendar year and be completed by March of the succeeding year. -3- 11. Any controversy of claim arising out of or related to this Agreement or to the interpretation, breach or enforcement thereof shall be submitted to. three (3) arbitrators, one being the Assistant Director, Development, E.M.A., County of Orange, or an engineer member of his staff, and the remaining two (2) to be selected by FOUNTAIN VALLEY and 11UNTINGTON BEACH. Any decision made by the majority of said arbitrators shall be final, binding and not.appealable to courts of law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF FOUNTAIN VALLEY &&, U ^ / e, a-, e/�/' Mayor APPROVED AS TO FORM: ATTEST: City Attorney CITY OF HUNTINGTON BEACH Mayor APPROVED AS TO FORM: City/Attorney61 ATTEST:. /011 City Clerk City Clerk INITIATED AND APPROVF: Department of Public Works C� REVIEWED AND APPROVED: City Administrat f" s - • AGREEMENT • FOR PROFESSIONAL AND ENGINEERING SERVICES FAU PROJECT M-M019 THI AGREEMENT, made and entered into this �� day of 19�' by and between the CITY OF FOUNTAIN LLEY and the CITY O HUNTINGTON BEACH, municipal corporations of. the State of California, hereinafter referred to as "CITIES," and HERMAN KIMMEL AND ASSOCIATES, INC., a California corporation, hereinafter referred to as "ENGINEER." WITNESSETH: WHEREAS, the principal members of ENGINEER are professional engineers duly registered under the laws of the State of California; and WHEREAS, CITIES desire to engage ENGINEER to render certain technical and professional engineering services as set forth in Exhibit "A," Scope of Services, in connection with the construction of a traffic signal interconnect on Warner Avenue between Pacific Coast Highway and Newhope Street, as described in said Exhibit "A." NOW, THEREFORE, the parties hereto agree to as follows: 1. CITIES agree to engage ENGINEER to perform the technical and/or professional services as herein set forth. 2. ENGINEER shall perform all work necessary to complete in a manner satisfactory to CITIES the services set forth in Exhibit "A," entitled Scope of Services, attached hereto and by reference incorporated herein and made a part hereof. 3. All information, data, reports, and records and maps as are existing and available from CITIES, and necessary for carrying out the work outlined in Exhibit "A" hereof shall be furnished to ENGINEER without charge by CITIES and CITIES shall cooperate in every way reasonable in the carrying out -of the work without delay. 4. ENGINEER represents that it employs, or will employ, at its own expense, all personnel required in performing the services required under.this Agreement. 5. All the services required hereunder will be performed by ENGINEER or under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. The ENGINEER shall not. sublet or transfer any work except as otherwise provided herein. 6. The execution of the Agreement by the parties hereto constitutes an authorization to proceed. The work required as set forth in Exhibit "A" shall be completed within 150 calendar. days after execution of this Agreement. 7. a. If the work is delayed at any time by reason of a suspension ordered by CITIES or because of any other act of CITIES, or if the work should be delayed at any time by reason of strikes, acts of God, the public enemy, acts of CITIES, fire, floods, epidemics, quarantine restrictions, freight embargos, abnormal force, violence of the elements, or for any other unfore- seeable cause beyond the control and without the fault or negligence of ENGINEER, or for any other reason which, in the opinion of CITIES is proper justification for such delay, then ENGINEER shall be entitled to an extension of time equivalent to the time actually lost by such delay. -1- b. ENGIN ''R shall file a written request wit;n CITIES for extension -of tiwithin ten (10) days fo wing the beginning of such delay and fMlure to do so shall constl'�ute a waiver thereof; provided, that in case of a continuing cause of clelay only one claim will be necessary. CITIES shall decide whether and to what extent any extension of time shall be allowed. C. A request for an extension of time or the granting of an extension of time shall not necessarily constitute a basis for any claim against CITIES for additional compensation. ENGINEER shall be deemed to have waived any claim for additional compensation and does hereby so waive any such claim unless he shall, at the time of filing a request for an extension of time, likewise file a claim for additional compensation on account of such delay. B. ENGINEER shall work closely and cooperate fully with Directors of Public Works or their designated representatives, CalTrans, and FHWA. The Directors of Public Works or their designated representatives shall.be the principal officers of CI'r S for liaison and shall constantly review and give their approvals of the details of the work as it progresses, subject to overall review by CalTrans and FHWA. 9. CITIES may terminate this Agreement at any time for their own convenience by giving written notice to ENGINEER of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials shall, at the option of CITIES, become their property. If this Agreement is terminated by CITIES as provided herein, ENGINEER will be paid a total amount equal to his costs as of the termination date plus 15% of that amount for profit. Hourly rates, employee benefit rates, and indirect cost rates shall be as set forth in Exhibit "B" but not to exceed to maximum fee set by this Agreement. 10. a. CITIES may, by written notice to ENGINEER, terminate the whole or any part of this Agreement in any of the following circumstances: (1) If ENGINEER fails to perform the services called for by this Agreement within the time specified herein or any extension thereof; or (2) If ENGINEER fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of ten (10) days (or such longer period as CITIES may authorize in writing) after receipt of notice from CITIES specifying such failure. b. In the event CITIES terminates this Agreement in whole or in part as provided in Paragraph "a" of this Clause 10, CITIES may procure, upon such terms and such manner as he may determine appropriate, services similar to those terminated. C. If this Agreement is terminated as provided in Paragraph "a" of this Clause 10, CITIES may require ENGINEER to provide all finished or unfinished documents, data, studies, services,.drawings, maps, photographs, reports, etc., prepared by ENGINEER. Upon termination as provided in Paragraph "a" of this Clause 10, ENGINEER shall be paid a total amount equal to the value of the work performed. In ascertaining the value of the work up to the date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to CITIES or in possession of ENGINEER and to authorize reimbursable expenses. -2- d. 'If, fter notice of termination of this hgreerr.ent �rnc3er the prbvisiorlof this Clause 10, it is *fe rmined for any reason that ENGINEERwas not in default under provisions of this Clause 10, or that the default was excusable under the provisions of the Clause 10, then the rights and obligations of the'parties shall be the same as if the notice of termination has been issued pursuant to Clause 9. 11. No change in the character, extent, or duration o the work to be performed by ENGINEER shall be made except by a supplement agreement in writing between CITIES and ENGINEER and approved by CalTrans. The supplemental agreement shall set forth the changes of work, the extensions of time and the adjustments of the fee to be paid by CITIES to ENGINEER, if any. In special cases where it is essential that extra work or changes in work be performed immediately, execution of the supplemental authority covering such change shall be executed as soon as practicable. 12. ENGINEER agrees.to perform the work as specified in Exhibit "A" and all obligations under this Agreement at his cost including reimbursable expenses and subcontract work plus a fixed fee in the following amounts. Category of Work Fixed Fee Inspection and Contract 15% Administration Direct labor rates, overhead and employee benefit percentages shall be as set forth in Exhibit "B." ENGINEER's actual costs, direct and indirect, eligible for Federal participation in cost- plus -a -fixed -fee contracts shall be allowable under the provisions of Subpart I-15.2, Federal Procurement Regulations, Principles, and Procedures for Use in Cost Reimbursement Type Supply and Research Contracts with Commercial Organizations, or State procurement regulations accepted by FHWA. 13. CITIES agree to pay ENGINEER for services rendered under this Agreement in accordance with Paragraph 14 below. 14. a. ENGINEER shall submit to CITIES during each month of the term of this Agreement, a certified invoice for allowable costs incurred in the performance of this Agreement plus a fixed fee of 15% of the costs incurred over that period. b. Promptly after receipt of each invoice, but in no event later than thirty (30) days after -this receipt and approval, CITIES shall make payment thereon to ENGINEER. 15. ENGINEER agrees to indemnify and save harmless the CITIES, their officers, and employees for any and all claims and losses resulting or accruing to CITIES or their officers and employees in connection with ENGINEER's negiligent performance of this Agreement. 16. All data prepared or obtained by ENGINEER under this Agreement shall be made available, upon request, to CITIES without restriction or limitation on their use. 17. ENGINEER shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein without.prior approval of CITIES and CalTrans. 18. ENGINEER shall comply with all Federal, State and local laws and ordinances applicable to the work: 19. ENGINEER shall maintain complete and accurate records with respect to costs incurred under this Agreement to include the records supporting cost proposals used to enter into a contract with CITIES. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identifiable. ENGINEER shall make available to the representatives of CITIES, CalTrans, and FHWA, or their appointees, during normal business -3- hours, .all such boand recor(3s, and the ri to examine and OLIdit the same, anc to make transcripts there m as necessary, and the ENGINEER shall allow inspection of all work data, documents, }proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. ENGINEER shall maintain records to show actual time and allowable costs with respect to each task set forth in the Exhibit "A" as required by CalTrans and FHWA. ENGINEER shall permit the authorized representative of CITIES, the U. S. Department of Transportation and Comptroller General of the United States to inspect and audit all data and records of ENGINEER relating to his performance under the contract. 20. Reviews at appropriate stages during the work may be made by CITIES, CalTrans, and FHWA. 21. Non -solicitation Warranted. ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the consultant, any. fee, commission, percentage, brokerage fee, gifts,. or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITIES shall have. the right to annul this Agreement without' liability or in its discretion to deduct from the contract price or consideration, or likewise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 22. Conflict of Interest. 'Prohibited interests are as follows: No officer, member or employee of CITIES during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The partes hereto covenant and agree that, to their knowledge, no member of the City Councils, officers or employees of CITIES has any interest, whether contractural, non -contractual, financial or otherwise, in this transaction, or in business of the contracting party other than CITIES, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interst would not be considered a conflict of interest under applicable laws. ENGINEER hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with .the performance of services, required to be performed pursuant to this Agreement. ENGINEER further covenants that in the performance of this work, no person having any such interest shall be employed. 23. Congressional Conflict of Interest. Interest of members of or delegates to Congress shall be restricted as follows: No member of or delegate to the Congress of the United States nor any resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.- 24. a. Compliance with Civil Right Act. In connection with the execution of this contract, ENGINEER shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. ENGINEER shall take affirmative actions to insure that applicants are employed and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ME 'I'r applicable provisions of ecutive Order' 11246 relating to ual Employment Opportunit by this reference are incorporated herein and made a part hereof. .vnerever the word "contractor" appears in said Executive Order, it shall mean ENGINEER. b. Non-discrimination Civil Rights Act of 1964. ENGINEER, with regard to the work performed by it after award and prior to completion of the contract work, will comply with the regulations of the Department of Transportation relative to non- discrimination in Federally -assisted programs of the Department of Transportation (49CFR21). C. Solicitations for Subcontracts, including Procurements of Materials and E uq ipment. In all solicitation, either by competitive bidding or negotiation, made by ENGINEER for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by ENGINEER of ENGINEER's obligations under this contract and the regulations relative to non-discrimination on the grounds of race, religion, color, sex or national origin. d. Information and Reports. ENGINEER will provide all information and reports required by the CalTrans or FHWA regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, and other sources of information, and its facilities as may be determined by CITIES, CalTrans, or FHWA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of an ENGINEER is in the exclusive possession of another who fails or refuses to furnish this information ENGINEER shall so certify to CITIES, CalTrans or FHWA as appropriate and shall set forth what efforts it has made to obtain the information. e. Sanctions for Non-compliance. In the event of ENGINEER's non-compliance with the non-discrimination provisions of this contract, CITIES shall impose such contract sanctions as CITIES, CalTrans or FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to ENGINEER under this contract until ENGINEER complies; and/or (2) Cancellation, termination, or suspension of the contract, in whole or in part. 25. In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney's fees in an amount to be determined by the court. 26. This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by ENGINEER without.the prior written consent of.CITIES. 27. ENGINEER shall be an independent contractor, not an employee of CITIES. Ma IN WITNESS HEREOF, saki Parties have xecuted this Agreement the dat*irst hereinabove written CITY OF FOUNTAIN VALLEY a municipal corporation By "orA4, Mlayor ATTEST: HERMAN KIMMEL AND ASSOCIATES, INC. A California corporation BY Herman Kimmel, P. President Address and Phone 3300 Irvine Avenue Suite 180 IIy ��- ,= J�'-�..,c��Os x I}wport Beach, CA 92660 Evelyn Mc endon, City Clerk (714) 546-9814 Address and Phone 10200 Slater Avenue Fountain Valley, CA 92708 (714) 963-8321 CITY OF HUNTINGTON BEACH a municipal corporation B} J Mayor ATTEST: City , lerk Address and Phone 2000 Main Street Huntington Beach, CA 92648 (714) 536-:54.31 r IAM S. M ARY ! Aet' it'y Attorney refs - CERTIFI9TION OF CITY OF FOUNTAIN Lhl' I HEREBY CERTIFY that I am the Mayor of the City of Fountain Valley and that the consulting firm of HERMAN KIMMEL AND ,ASSOCIATES, INC. or its representative has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): None I acknowledge that this certificate is to be furnished to the State of California, the Federal highway Administration and U.S. Department of Transportation in connection with this agreement involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date: May 19, 1982 Ma or City of Fountain Valley ATTEST: 1-2 City C rk CERTISATION OF CITY Or HUNTINGTO BEACH I HEREBY CERTIFY that I am the Mayor of the City of Huntington Beach and that the consulting firm of HERMAN KIMMEL AND ASSOCIATES, INC. or its representative has not been required, directly or indirectly, as an express or implied condition in ' connection with obtaining or carrying out this agreement to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): None I acknowledge that this certificate is to be furnished to the State of California, the Federal Highway Administration and U.S. Department of Transportation in connection with this agreement involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date /---3 ATTEST: ��cZ/�1� City Clerk 9' Mayor City of Huntinton Beach • . s CERTIFICATION Of ENGIM.ER I III REI3Y CI:R`f IFY that I am the President anil duly authorized r.>l)r.esentative of the firm of IIERrMAN KIMMI,L AND ASSOCIATES, INC. whr�se address is 3300 Irvine Avenue, Suite 180, Newport Beach, California 92660, and that neither I nor the above firm I herein i el�resent has: A. l rnployed or retained for a commission, percentagf , l)rokeracle, contingent fee, or other consideration, any firm or. person (other than a bone fide employee working solely for me or the above consultant) to solicit or secure this Agreement: 1). Agreed, as an expressed or implied condition for nhLaininq this contract, to employ or retain the service of any firm or person in connection with carrying out the Agreement; or C. Paid, or agreed to pay, to any firm, organif.'ati.on or. - person (other than a bona f.i(le employee workinq solely for r;ie or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; except as herein expressly stated (if any): None I acknowledge that this Certificate is to be furn.isne(l LO fire State Department of Transportation in connection with this Agreement involving participation of Federal -aid highway fun(ls anti is subject to applicable State and federal laws, both crimin,_ji and civil. • EXIIII3IT "A" 0 CONSTRUCTION OF A TRAFFIC SIGNAL INTERCONNECT ON WARNER AVENUE BETWEEN PACIFIC COAST HIGHWAY AND NEWHOPE STREET SCOPE OF SERVICES Primary phases of work to complete the project include data collection, analysis, submission of a report, and the P.S.&E. 1. Data Collection and Analysis: Traffic and street characteristics will be collected from City files, field reviews, and traffic flow observations. 2. Plans and specifications will be submitted to all agencies involved for review, after which all corrections will be made and final contract package will be delivered to the lead agency. 3. All bids received by the agency, for construction of the project, will be reviewed and recommendations regarding award will be made to the agency. 4. Construction contract inspection will include engineering analysis of operational conformance to contract plans. 5. System analysis will evaluate peak hour traffic flows at existing signalized intersectios to determine minimum cycle lengths and splits to adequately serve both Warner Avenue and its intersecting streets. 6. Time -space diagrams will be prepared for morning, evening, and off-peak traffic flows on Warner Avenue between Pacific Coast Highway and Newhope Street. 7. Develop and initiate programming for recommended master controller to operate basic system. In conjunction with programming, each intersection controller will be precisely timed. City personnel will be involved with timing to the extent of receiving training. 8. All documentation collected, analysis data prepared, etc., will be submitted :to the.Cities for future reference. A final report will be prepared to fulfill Federal requirements. 9. System operation will be continuously reviewed, City personnel trained and the system adjusted, as necessary, for one year after construction completion and acceptance. I 0 0 HERMAN KIMMEL & ASSOCIATES, INC. OVERHEAD ANALYSIS FISCAL YEAR ENDING MARCH 31, 1981 Direct Labor Indirect -Salaries Payroll Burden Professional & Consultant Fees Communications Occupancy Supplies Business Insurance Reproduction Travel & Subsistence Auto Expense Data Processing Depreciation Taxes & Licenses Miscellaneous Overhead Total Percent 100 52 16 16 2 12 2 10 3 3 10 . 15 4 1 1 147 ® rman C(ih IANI ..... Irnrnel antl ASSOCIateS. WiC. EXHIBIT "B" CONSTRUCTION OF THE WARNER AVENUE INTERCONNECTED TRAFFIC SIGNAL SYSTEM PACIFIC COAST HIGHWAY TO NEWHOPE STREET FAU PROJECT NO. M-M019 3/3/82 JUSTIFICATION OF FEE PROPOSAL 1. DIRECT SALARIES Hours Task I - "Data Collection & Analysis" Principal Engineer Project Engineer Senior Engineer Senior Technician Junior Engineer Clerical Task II - "Plans, Specifications & Estimate" Principal Engineer Project Engineer Senior Engineer Senior Technician Junior Engineer Clerical Task III - "Construction Contract Award" Principal Engineer Project Engineer Senior Engineer -Senior Technician Junior Engineer Clerical Task IV - "Construction Engineering" Principal Engineer Project Engineer Senior Engineer Senior Technician Junior Engineer Clerical Task.V - "Master Controller & Intersection Programming" Principal Engineer Project Engineer Senior Engineer Senior Technician Junior Engineer Clerical Rate Amount 1 $23.00 $ 23.00 3 20.00 60.00 10 16.00 160.00 10 12.00 120.00 40 10.00 400.00 3 10.00 30.00 Subtotal $ 793.00 10 $23.00 $ 230.00 50 20.00 1,000.00 60 16.00 960.00 150 12.00 1,800.00 100 10.00 1,000.00 10 10.00 100.00 Subtotal $ 5,090.00 - $23.00 $ - - 20.00 - - 16.00 - - 12.00 - - 10.00 - - 10.00 - ..Subtotal $ N.C. 1 $23.00 $ 23.00 20 20.00 400.00 20 16.00 320.00 20 12.00 240.00 10 10.00 100.00 2 10.00 20.00 Subtotal $ 1,103.00 1 $23.00 $ 23.00 20 20.00 400.00 20 16.00 320.00 20 12.00 240.00 15 10.00 150.00 1 10.00 10.00 Subtotal $ 1,143.00 Exhibit "B" - Continued Direct Salaries - Continued Hours Rate Task VI - "Study Documentation" Principal Engineer 2 $23.00 Project Engineer 8 20.00 Senior Engineer 6 16.00 Senior Technician 4 12.00 Junior Engineer 10 10.00 Clerical 3 10.00 Subtotal TOTAL 2. DIRECT COSTS (Included in Overhead Rate) 3. SUMMARY Direct Salaries (Tasks I -VI) $ 8,609.00 Overhead @ 147% 12,655.23 Direct Costs (Included in Overhead) - Subtotal $21,264.23 Fixed Fee @ 15% 3,189.63 TOTAL $24,453.86 NOT TO EXCEED $24,500.00 Amount $ 46.00 160.00 96.00 48.00 100.00 30.00 $ 480.00 ►t .1• tic ELI r TRAFFIC SIGNAL INTERCONNECT AGREEMENT WARNER AVENUE FROM THE PACIFIC COAST HIGHWAY TO NEWHOPE STREET THIS AGREEMENT, made and entered into this_day of l�/�16 , 1982, by and between the Cities of Fountain -Valley and Huntington Beach, municipal corporations of the State of California, hereinafter called "FOUNTAIN VALLEY" and "HUNTINGTON BEACH," respectively. W I T N E S S E T H: WHEREAS, the proposed interconnected traffic signal system on Warner Avenue, from the Pacific Coast Highway to Newhope Street is within the corporate boundaries of FOUNTAIN VALLEY and HUNTINGTON BEACH; and Engineering studies indicate that installation of an inter- connected traffic signal system is warranted at the above -described location for improved traffic safety and efficiency; and Installation of the interconnected traffic signal system would be mutually beneficial and improve traffic safety in FOUNTAIN VALLEY and HUNTINGTON BEACH. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows:i 1. SELECTION OF A TRAFFIC ENGINEERING CONSULTANT: A traffic engineering consulting firm, mutually selected by the parties, shall prepare plans and specifications for the installation WSA:bb 7/2/82 - 1 - C] C. of an interconnected traffic signal system along the previously described portions of Warner Avenue. 2. MUTUAL APPROVAL OF PLANS AND SPECIFICATIONS: FOUNTAIN VALLEY and HUNTINGTON BEACH each shall have the right to approve such plans and specifications. 3. LETTING OF BIDS - LEAD AGENCY: Upon approval of said plans and specifications by the parties, FOUNTAIN VALLEY, as lead agency, shall advertise for bids, pursuant to California State law. 4. INSPECTION SERVICES BY CONSULTANT: The traffic engineering consulting firm shall perform the inspection of the construction subject to approval of the herein involved agencies. 5. COSTS: Engineering, inspection, construction and other miscellaneous related costs for this interconnected traffic signal system shall be shared by the parties hereto. Such costs shall be allocated to each party as established by the actual construction costs incurred within the boundary of each arrencv. The bid nronosal for the construction. phase of the project shall be so written so as to clearly define those construction items directly allocated to each municipality. Such costs shall establish the pro-rata share of each city. Shares shall be allocated to the below listed inter- sections by jurisdiction with percent allocations shown for inter- - 2 - 1�1 • section not wholly within a given jurisdiction: FOUNTAIN VALLEY HUNTINGTON BEACH Newland (9%) Pacific Coast Highway Magnolia (60%) Algonquin Bushard Bolsa Chica - Add left - turn phasing Brookhurst Graham Ward Springdale - Add left - turn phasing Euclid Edwards - Add left -turn phasing Newhope Goldenwest - Add left - turn phasing Gothard Nichols Beach Newland (91%) - Add left - turn phasing Magnolia (40%) Additions or deletions to the foregoing shall require an adjustment in the allocated costs as determined by the pro-rata cost during formula established by this paragraph 5. 6. PAYMENT OF PRO-RATA OF ALLOCATED COSTS: Each city will pay its proportionate share of allocated costs within sixty (60) days after notice of completion of the construc- tion contract. Said notice of completion shall be filed in the County Recorder's office oT the County of Orange. - 3 - 7. COST DATA: The lead agency will require both the engineering consulting firm and the selected contractor to keep an exact accounting of the expenditures on the project. 8. PRIOR APPROVAL OF CHANGE ORDERS: The lead agency shall not issue any contract change order without first having obtained approval from HUNTINGTON BEACH. 9. MAINTENANCE OF COMPLETED SYSTEM: Upon completion of the installation of the interconnected traffic signal system, the maintenance of said system shall become the responsibility of each agency.individually for those items within their jurisdiction, including maintenance of MODEN to its connector to the interconnect cable system. 10 BUILDING MAINTENANCE COSTS: The parties each shall contribute in the building maintenance costs, including personnel requirements, related to the operation of the interconnect system on the following percentage basis: FOUNTAIN VALLEY - 33.47% HUNTINGTON BEACH - 66.53% 11. COORDINATING COMMITTEE FOR OPERATIONAL PROGRAM: Operational performance of the system and proposed changes to the operational characteristics of the system shall be reviewed quarterly by a Coordinating Committee. The Committee shall annually choose its own chairperson, and shall annually pre-pare�a summary report of the system activity for the previous year and future needs 4 - 0 • The report shall cover one calendar year and be completed by March of the succeeding year. 11. ARBITRATION: Any controversy of claim arising out of or related to this Agreement or to the interpretation, breach or enforcement thereof shall be submitted to three (3) arbitrators, one being the Assis- tant Director, Development, E.M.A., County of Orange, or an engineer member of his staff, the the remaining two (2) to be selected by FOUNTAIN VALLEY and HUNTINGTON BEACH. The parties may agree prior to any such arbitration that any decision made by the majority of said arbitrators shall be final, binding and not appealable to courts of law. Provided, however, that it is expressly agreed and understood that any such Agreement shall be subject to ratification by the governing bodies of the agency. 12 INDEMNIFICATION: Pursuant to Government Code §895.4 the parties agree that in the event that any claim or liability for injury or death to any person or persons or for injury or damage to property is made against either party or both of them which claim or liability arises out of the performance of this agreement, then the party within whose geographical boundaries the activity, event or occurrence upon which the claim or liability is based shall defend and save and hold harm- less and indemnify the other party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. • • TRAFFIC SIGNAL INTERCONNECT AGREE14ENT CITY OF FOUNTAIN VALLEY Mayor APPROVED AS TO FORM: City Attorney ATTEST: CITY OF HUNTINGTON BEACH By Playor ATTEST: e- City Cler ity Clerk REVIEWEEDD AND APPROVED: f LC/iL"eel City Administrator INITIATED AND APPROVED: Director of Public Works - 6 - 10 rHBI 2000 MAIN STREET OFFICE OF THE CITY CLERK January 6, 1983 Office of the City Clerk City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA. 92707 CALIFORNIA 92648 The City Council of the City of Huntington Beach at its regular meeting held Monday, January 3, 1983, approved a traffic signal interconnect agreement (Warner Avenue from PCH to Newhope) with your City. Also approved was an agreement for Professional and Engineering Services between the City of Huntington Beach and Herman Kimmel and Associates, Inc. We have enclosed a duly executed copy of each agreement for your records. Alicia 11. Wentworth City Clerk AMW:CB: bt CC: Paul Cook, Dir. of Public Works Judy John, Finance (Telephone: 714-536-5227) REQUESOFOR CITY COUNCtACTION December 21, 1982 Date Submitted to: Honorable Mayor and City Council *V#�Wvzv BY CITY c':Ot71m t Submitted by: C. W. Thompson, City Administrator--• - ►-- '`' l Prepared by: Paul E. Cook, Director of Public Wor _- _ Subject: Traffic Signal Interconnect Agreement and ConsultantAgreement- Warner Avenue; CC 502 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: q,C �/ STATEMENT OF ISSUE: The City of Fountain Valley and the City of Huntington Beach desire to improve traffic flow on Warner Avenue. A joint powers agreement is re- quired for the Federal Highway Administration participation in the project. A consultant services agreement is needed for project design. RECOMMENDATION: Authorize the Mayor and City Clerk to execute the agreements. ANALYSIS: The project will improve all signal locations in Huntington Beach and Fountain Valley on Warner Avenue. The signals will be interconnected to a master computer. The City of Fountain Valley will be lead agency. The Federal Highway Administration will participate in the engineering and construction at a rate of 86.22%. Estimated cost of construction is $750,000.00. The City of Huntington Beach's share is $103,350.00. FUNDING SOURCE: FHWA 86.2 % Gas Tax 13.780 ALTERNATIVE ACTIONS: Do not approve agreements. ATTACHMENTS: Agreements CWT:PEC:BW:jy P10 4/81 REQUEP[ FOR CITY COUNCIP ACTION Submitted to: Honorable Mayor and City Council Submitted by: C. W. Thompson, City Administrate Date Prepared by: Paul E. Cook, Director of Public Works November 4, G0' Q�F,9 gi i y Joint Powers Agreement for the Moderniz4ion an n - Subject: connection of the Signals on Warner Ave. 1n e ies of Huntington Beach and Fountain Valley Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ,� STATEMENT OF ISSUE: The Federal Highway Administration (FHWA) through its Federal Aid Urban (FAU) program has granted funds for a joint project with Fountain Valley. A Joint Powers Agreement must be approved so the FHWA will authorize fund expenditures. RECOMMENDATION: Approve Joint Powers Agreement. ANALYSIS: The proposed FAU project is Phase I of Warner Avenue Improvements which will ultimately include traffic signal improvement and widening to six lanes. Phase I is the upgrading and coordination of the traffic signals along Warner Avenue in Huntington Beach and Fountain Valley. Many of the Warner Avenue signals are old and inadequate and no effective signal coordination system exists. The installation of traffic signal coordi- nation between the two cities will save energy and reduce travel time. The agreement, which makes Fountain Valley the lead agency for the project, has been approved by the Fountain Valley City Council. FUNDING SOURCE: The preliminary cost estimate for the Huntington Beach share of the project is $600,000. The FAU program will fund 86.17% of this amount and the City Gas Tax Fund will provide the remaining 13.83% or about $83,000. ALTERNATIVE ACTION: Reject the Joint Powers Agreement. ATTACHMENT: Agreement F.I.R. PEC:BW:jy P10 4/81 &,a A • ®� CITY OF HUNTINGTONBEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Charles W. Thompson From F. B. Arguello City Administrator Chief of Administrative Services Subject Signal Modernization on Warner Ave. Date November 4, 1982 from PCH through Fountain Valley FIR # 83-23 In response to the Public Works Department, a Financial Impact Report has been pre- pared and submitted relative to the joint powers agreement for the modernization and interconnection of the signals on Warner Avenue from PCH through the City of Fountain Valley. It has been estimated that the total Huntington Beach project will not exceed $600,000, 86.17% of which will be provided through FAU funding. Adequate monies are available in the Gas Tax Fund for purposes of satisfying the City's share, or $82,980. Should the City Council approve this appropriation, the balance in the fund will be reduced to $2,600,460. v F. B. Arguello Chief of Administrative Services FBA/AR/cg } Project Name Description CITY OF HUNTINGTON BEACH FINANCIAL IMPACT REPORT Signal Modernization on Warner Ave. from PCH to Fountain Valley Requested funding for this project. 1. DIRECT PROJECT COSTS 1.1 One -Time Costs Land urn., Facl -F Acquisition Construction ties, Equi ment, Other Total Cost 82,980 82,980 1.2 Recurring Annual Costs 1.3 Replacement/Renewal Costs N/A 2. INDIRECT COSTS Loss of earning capability due to expenditure of funds. Financial Impact Report Page 2 3. NON -DOLLAR COSTS N/A _—�— ---- --------- ---------------- 4. BENEFITS TO BE DERIVED FROM THE PROJECT Approval of this appropriation will allow for the timely commencement of the project, negating the potential of increased bid costs if additional delays are encountered. 5. PROJECT USAGE Daily. 6. EXPENDITURE TIMING Subsequent to City Council approval. 7. COST OF NOT IMPLEMENTING THE PROJECT Will further impede the process and possibly run the risk of losing federal funding for their share of the entire project - or�86.17%.