HomeMy WebLinkAboutHERMAN KIMMEL & ASSOCIATES, INC - 1983-01-03�s
PRE F S, 1C"N L A%11,
F'AU PR-0JECT 11-,140I
-HIS AGREEMENT, made awl entered intn -is �day of
by ar3 between th. CITY OF
F'nCiNTikil�,,'V-,-k LEY and the CITY Ot #iUNTINGTO' BEACH, municipal
corpe,rations of the State of California, hereinaftc.: referred to
as "CITIES," t and HERMAN KIMMEL AND ASSOCIATES, INC., a. California
coio:aration, 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 Fagage ENGINEER to render
certain technical and professions engineering .services as sit
forth in Exhibit "A," Scope of Services, in connection with the
construction of a traffic signal interconnect on turner Avenue
between Pacific Coast N:ighway and. Newhope Street, as desej: _bed
in said Exhibit "A."
NOW, THEREFORE, the parties hereto agree to as follows
1. CITIES agree to engage ENGIREER to perform the
technical arid./or professional services as herein set forth.
2. ENGINEER shall perform all work necessary to complete
in a manner :,ati.sfactory to CTTILS 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 informatics, data reports, and rccor— s and maps
as are existing and available from CITIES, and necessary for
carrying out -he work outlined. ir. Exhibit "A" hereof shall be
tarnished to ENGINEER without charge by CITIES and CITIES shall
cooperate in every way reasonable in the carrying otlt of the
work without delay.
4. LNGINEER represents that it et..:)loys, or will employ,
:t its own expense, all personnel required in performing the
services required under th,.s Agreement.
5. All the spr;.cgs required hereunder will be per Formed
by ENGINEER or unu.er :,is direct supervision, and all personnel
engaged in the work shall be fully qualified and shall be authorized
or permi-.ted under State and local law to perfcrm such services
The ENGINEER shall.. not sublet or transifer any work except as
otherwise provided herein.
h. The execution of the Agreement oy the Patti^s hereto
constitutes an authorization to proceed.. The work required as
;;et 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 rtaason of a
suspension ordered by CITIES or because of any other act of
CITIES,- or if the work should be delayed �t any time by reason of
strikes, acts of God, the public enemy, acts of CITIES fire,
floods, epidemics, quarantine restrictions, freight embazgos
abnormal force, violence of the elements, or for any other unfore-
seeable cause beyond the cont7;ol and wi rout the fault or negligence
of ENGINJEER, or for any other.- reason i4hich, in the opinion of
rITIES is proper justific% t %on for such delay, t'nen ENGINEER
shall. be entitled to an extension of time equivalent to the time
actually lost by Luch delay.
-1
L
f stich delay an,l failure to do s.
iiere,:,f , pr4,11tiJek-1, that in case of a C?:�rlt iv:'l in I j
only one claim will be necessary. C.1111'.S shall e °m 1 3 e W'-. e e r
and to what ex--nt any extersion of tine shall b-e
C. A request for an exte t-on of time of the granting
of an extension of time steal). not necessari,.y constit-,te a baais
for any claim against CITIES for additional compensation. r"41-JiNEUR
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, li.kewise file
a claim for additional compensation on account of such delay.
6, ENGINEER shall work closely and cooperate dilly with
Directors of Public works or their designated representati-es,
Cal.Trans, and FHWA- The Directors of Public Works or their
deoignated representatives shall be the principal officers of
CITIES for liaison and shall constantly review and give tneir
approvals of the details of the work as it progresSL!5, subject to
overall review by CalTrans and FHWA.
9. CTTIES may terminate this Agreement at any time for
their own c3nvanience by giving written notice to ENGINEER of
such termination and specifying the effective date thereof, at
least fifteen (15) days before the effect-.i.ve date of such
termination. in that event, all finisned or unfinished documents
and other her materials shall, at the option of CITIES, become their
property. If this Agreement is terminated by CITIES as provided
here -An, ENGINEER will be pail a total amount equal to his costs
as of the termination date plus 15% of that amount fog- profit.
Hourly iites, 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 Agreerrpnt within the time specified herein or
any extension thereof; or
(2) If ENGIMEER fails to perform the services
called for by this Agreement or so fails to mare progress as to
endanger perEormance 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
uc -L -
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 iti Paragraph "a" of this Clause 10,
CITIES may procure, upon such terms and such man.ier as bY 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 al.L finished or unfinished documents, data, studies,
services, drawings, -aps, photographs, reports, etc., prepared by
ENGINEER. Upon ter-i,-ina.tion as provided in Paragraph "a" of this
Clause 10, ENGINEER shall be paid a total amount equal to the
value of the wo:-k 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.
N1111IR ;.as not i- lefaLil'. Urill -ru
ti,tis cuajse io, or that the defW,',!L was vx�*us:,il'(^
prr)visions of the Clause 10, then the ri�,-hts �.nl olr,144.--itif, ,-.F,
-
tthe.1),Arties shall be the same as if the notice c-1 termini'
i7'n has
been issued pursuant to Clatise 9.
11. No change in the character, extent, or jr1urati,-on 0 the
wor'k, to be performed by ENGINEER shall be made except by a
zupplement agreement in writing betvt—CITIE'S and EN'GINEER anli
approved by CalTrans. The supplemental agreement shall set forth
the changes of work, the extensions of time and the --djustments
of the fee to be paid by CITIES to ENGINEER, if any. In special
cases where ill is essential that extra wor),, or charges in work be
performed immediately, execution of th3 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 all his cost
including reimbursable expenses and subcontract work plus a fixed
fee in the following amounts.
Category of Worl'. Fixed Fee
Inspection and Contract 15%
Administration
Direct labor rates, overhead and E.,;ployee benefit percent-ac ' ies
shall be as sell forth in Exhibit "B." ENGTNEER's actual costs,
direct and , indirect � eligible for Feleral participation in cost-
pJus-a-fixed-fee contracts shall be allowable under tee -provisions
of Subpart 1-15-2, 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 FFMA.
15. 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 tTis Agreement, a certified invoice -.',)r 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 acrruinq to CITIES or their officers and
employees in connection with ENGINEER's negiligent, performance of
this Agreement.
16. All data prepared or obtained ny 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.
la. ENGINEER shall comply with all Federal, State and
local laws and ordinances applicable to the wor'k.
19. ENGINEER stall maintain complete and accurate records
with respect to costs incurred under this AgreemenL to include
the records supporting cost proposals used to enter into a contract
with CITIES. All sicb records shall be maintained on a generally
accepted accounting basis and shall by clearly identifiable.
ENGINEER shall maXe available to the representatives of CITIES,
CalTrans, and FHWA, ox their appointees, during normal business
'tZ,FFI. Or
(4) years fro -m Elie tlatta fir,-il !,,-11-ent -,-ler t_s
A: 11-eoment. !.�NGINM:R Shall Mili?)L4`.Ift I°OCC)r:ls ',-0 4-110-4 <1--11 t i
ant ollowable costs with respoct to task set f()rth in t j-,
Exhibit "A" as required by Cal'Irans and FMWk.
EN'INIEER shall peroit the autborizei renresentAtivt- r,,f
CITIES, the U. S. Department of Transr.Ot.3tion and Com.ptroller
General of the Unite1 States to inspect and audit all lat"A and
reccrds of ENGINEER relating to his performance under "lie
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 nctt employed or reta-.ned any comp%ny or person, other than
a bona fide employee working solely for the consultant, to solicit
or secure this Agreement, and tbz.',- 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 mating of this Agreement. For
breach or violation of this warranty, CRIES shall have the right
to annul this Agreement wit"hout'liability or in its discretion to
deduct fron the contract price or consideratlen, or 11ke"',ise
recover, the full amount of such fee, commission, percentaget
brokerage fee, gift, or contingent fee.
22. Conflict of Interest. Prohibited int(-rests 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 thi,; Agreement or the proceeds thereof.
The p6rtes hereto coveriant and agree that, to their
knowledge, no member of the City Councils, officers or employees
of CITIES has any :rest, whether contra-tural, non -contractual,
financial or otherwise, in this transaction, or in business. of
the contracting party otter than CITIES, and that if any such
interest comes to tie knowledge of either party all any time, a
full A. f and complete disclosure ;1 all such information be made
in writing to the other party nr parties, even if such interst
would not be considered z. conflict of intortzst under applicable
laws. ENGINEER 'hereby covenarits ,),all he has, at the tire of the
execution of this Agreement, no interest, and that he shall not
acquire any interest in the future, di--ct or indirect, which
would conflict in any manner or degree wi", the performance of
services, required to be performed purswa to this Agreement.
ENGINEER further covenants that in the performance of this work,
no person having any such interest shall be er;aployed.
23, Congressional Conflict of in",.erest. lntt-rest of
members of or delegates to Congress shall be r'estricted as follows;
No member of or delegate to the Conl3ress of the United
States nor any resident Commissione., sball. be admitted to any
shares or part of this Agreement or to any benefit arising therefrom,.
24. a. Co,121iance with Civil Rights Act. in connection
w,*tb the executionT of this contract, ENGN-KR-R5hall not discriminate
a�_,ainst any employee or applicant for employment because of race,
religion, color, sex or national, origin. BMG11V,EER shall take
affirmative actions to insure that applicants are employed anti
that employees are treated during their employment, without regard
to 'their race, religion, color, sex or national rigir- 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 tiaining, including
apprenticesb1p.
-4-
w:.,ra "�_,:hntractor"
appears in Fai-,:
Eyeca�,ive fjrder,
11
LN G lN E 11'R -
b *Yon -discrimination Civil Pights A,7. f 1964.
EtIGINEER, with regard to the wor)-, performLdl 1:.iy it after ag�ar:'11 and
prior to completion of the contract worn, will co::irj.ly ,.,,itb t'he
regulations of the Department rf Transportation relative to non-
discrimincition in Federally -assisted progra;-3 of the Department
of Transportation (49CFR21).
C. - Sclicitations for Subcontracts, including
Procurements of Mat-eri.als. and Equipment. In all solicitation,
either by competitive bidding or negotiation; made by ENGINEER
for work to be performed under a subcontract, including procur•,.nent
of materials or leases of equipment, each potential subcontractor,
supplier, or lessor shall be notified by ENGINEER of ENGINEER's
obUgations under t'his contract and the regulations relative to
non-discrimination on the grounds of race, religion, color, sex
or national origin.
d. Informatior and Reports. ENGINEER will provide
all information and reports required, by the CalTrans or FH1,,A.
regulations, or orders and instructions issued pursuant thereto
and will permit access to its books, records, accounts, and other
sources of `.nformation, and its facilities Ps 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 as ENGINEER is iii the exclusive possession
of another who fails or refuses to furnish this information
ENGINEER shall so certify to CTTIES, CalTrans or FBW7A as appropriate
and shall set forth what efforts it has made to obtain the
information.
e. Sanctions for Non-compliance. In the event of
ENGINSER's non-compliance with. the non-dlscrimination provisions
of this contract, CITIES shall impose surn contract sanctions as
CITIES, CalTranu or FBWA may determine to be appropriatF- including,
but not limited to;
(1) Withholding of payments to ENGINEER under
this contract u.itil 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 conLnenced 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 Agreoment shall he 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. -PNGTNEER shall be an independent contractor, not an
employee of CITIES.
-5-
rjgre-rnecit r»rim aate> xir5t rtc c>ansxs;'VU
CITY rDF AiI VALLEY
a municipal corporation
A California
ByHerman
K ia^tc1, P,�., fresident
ATTEST:
Address and Phone
3300 Irvine Avenue
e"'J
Suite 180
BY
&&port Beach, CA 92660
Eve-lyn Mc," endor., City Clerk
(71.4) 546-9814
Address and Phone
10200 Slater Avenue
Fountain Valley, CA 92708
(714) 963--8321
CITY OF HUNTINGTON BEACH
a municipal corporation
At-
LZ�I S.
M
Ci' At4orney
n
Yj1L_Gy
Mayor
ATTEST
BY •�° ' r,'r .'N "ram '14' ; v
City Clerk /A-h-
Address and Phone
2000 Main Street
Huntington Beach, Cry 92648
(714) 536=54.31
-6-
OF Cam.°'s C7 1777777
I HETRI;BY CERTIFY that I am the Mayor of the City f
Foontain Valley and ;_hat the consulting firm of K.Inmm,
ASSOCIATES, INC. or its represenLative has not been req'aired,
directly or indirectly, as an express or irrpliel condition in
connection with obtaining or carrying out this agreempnt% to;
(a) Employ cr 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 flighway 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
AMIST:
city Co(r'k'
--A
I HEREBY CERTIFY that I xin the Mayor of the City ::f
Huntington Beach and that the c,7nsoltinq firm of Ii", R. A!, K!,,ME!, AD
ASSnCl.TES, INC, or its representative has not been requ_lreel,
directly or indirectly, as an express or implie3 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, o-
organization, any fee, contribution, donation, or consideration
�r 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 -)f Federal -aid highway funds, and is
subject to applicable St>.te and Federal laws, both criminal and
civil,
Date: <7 tZ
ATTEST:
-City Clerk
St V,
Maybr
City of Huntinton Beach
I
n . ..5: t_
ati ", +:`a'^(.�.`, 'a, 4t.. #. ';i.♦ t.)+, �. t? 4 d .. x?i_ ':.: ..1..-. , ,. ,e '. -. � ..: ..r �:: , - :
3 3 'i0 t i"
r r ) t t.rniar ...660, an6 th 1t e, ,,..
i ..
{Ji" r.'t,.a1.1;4�tt :''T
or Cl:', ler
ff . v
p-+ $f1#:. 1oL11 c. i-�1<ii1 i1 t')�'t;i.7:. .'i.`i.f? tt;^j� 1 i} flry '>n: +_3i �': 1:1;z .ii"o +_ ,. tt ♦' .•`:'
thOt cAbOvf3 consultant) to solicit or secure t.:ti, i
ley. Agr(f od, as it#1 '..34.?r«�.;5«i+? or A.,-p iel K 3,. 1tit-% f, r
7G�t.il9lin' t,I,*k45 Econtr;lctr to 0 :j:1C)y a
3#
firm Or ptarsC,n in connection with curry➢n i ,.;a}_
c, Paid, Or •`i+jrf:ea to C F:y,'r "o a:,y
person (other tbir: +`i.Inorl<° fitle Pi':j'*16'a�rx'e ':t;''iKE.i.• :aE"?;t�,ir `..., .�'�°
the ab,)ve2 consulta.it.J any "ce, contribution,
coots derat.ion of any kintl for, nz n connection with,
or carrying cut the i' gteement; except as herein express. %, st:.:Xt,,-
(if any):
i ilc%nt--3wleelge U;} 't, ,y#'I.$ t'# t1 it-,att i, tr' i'e F x '
h e 3tatel ic,lar"";i on,t: o T.ra#i5portTt"ic)n :#i c .,#:t'' �:�.^. Y Ith
,:r eemen r � .
t G_ a i#3Stf3i:tlil^; �?art�.i..zpata.on ('f' L°C' 3i!#'z9i-3it1 1:.CZi6d..:a` f ,;;
"in-i is subect to applicable State and Fetlera1 1:iws, c.t': Czc^t:1-i1
and civil.
Date- 155
.
CO ST"RVCTICN
or A
TRAFFIC
SltGNAL
r
(IN
ldAS2NER
AVF:==ME;
4ET'Wi.EN PACIFIC ,OAST HIGHWAY AND 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 Analvsis: Traffic and street characteristics
will be collected from City files, field reviews, and traffic
flow observations.
2. Plans aid 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 t.•e made r'o the agency.
4. Construction contract inspection wili nclude engineering
analy.is of operational conformance to contract plans.
5. System analysis will evaluate peak hour traffic flows at
existing signalized intersection to de -Les. -mine 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 nor 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 fv,'fill Federal iequirement—
9. System operation will be continuously reviewed, City personnel
trained and the system adjusted, as necessary, for one year
after construction completion and acceptance.
HEVIMAN X1111lEL & ASSOCIATES, Ix-C,
OVERHEAD A14ALYSIS
FISCAL YEAR ENDING PlARCH 31, 198
Direct Labor
Percent
Overhead
100
Indirect -Salaries
52
payroll Burden
16
Professional & Consultant Fees
16
,:ommunications
2
Occupancy
12
Supplies
2
Business Insuzance
10
Reproduction
3
Travel & Subsistence
3
Auto Expense
1,0
Data processing
15
Depreciation
4
Takes & Licenses
y1
Miscellaneous
_ 1
`
{ Overhead Total
147
S
EXHIBIT "B"
CONSTRUCTION OF THE WARNER AVENUE
INTERCONNECTED TRAFFIC SIGNAL SYSTEM
PACIFIC COAST EIG.HWAY TO NEWHOPE STREET
FAU PROJECT NO. M-MO19
3/3/82
JUSj'IrICATIO1 OF FEE PROPOSAL
1. DIRECT SALARIES
Hours Rate
Task. I - "Da tr Collection &
Analysis"
Amount
n ,.ipal Engii,eer
1
$23.00
$
23.00
sct Engineer
3
20.00
60.00
Engineer
10
16.00
160.00
_ Technician
10
12.00
120.00
J,- ?r engineer.
40
10.00
400.00
Cl.�rical
3
10.00
30.00
Subtotal
$
793.00
Task
II - "Plans, Specifications
& Estimate"
Principal Engineer
10
$23.00
$
230.00
Project Engineer
50
20.00
1,000.00
Senior Engineer
60
16.00
960.00
Senior Technician
150
12.00
1,800.00
Junior Engineer
100
10.00
1,000.00
Clerical
10
.10.00
100.00
Subtotal
$
5,090.00
Task
ITT - "Construction Contract
Award"
Principal Engineer
$23.00
$
-
Project Engineer
-
20.00
-
Senior Engineer
-
16.00
'Senior Technician
-
12.00
-
Junior Engineer
-
10.00
-
Clerical
-
10..00
-
Subtotal
$
N.C.
Task
IV - "Construction EngineerirL"
a
Principal Engineer
1
$23.00
$
2.3.00
Project Engineer
20
20.00
400.00
Senior Engineer
20
16.00
320.00
Senior Technician
20
12.00
240.00-
Junior Engineer
10
10.00
1.00.00
Clerical
2
10.00
20.00
Subtotal
$
1,103.00
Task
V - "Master Controller &
Intersection Programming"
Principal Engineerl
Y23.00
$
23.00
Project Engineer
20
20.00
400.00
Senior Engineer
20
it .00
320.00
S*nor Technician
20
JL2.00
240.00
Junior Engineer
i5
:10.00
150`.00
Clerical
1
1.0,. 00
10, 00
Subtotal
$
1,14 -00
I
"W' - Continued
Direct Salaries - Continued
Hours
R6te
A:°0U n t
Task VI - "Study Documentation"
Principal Engineer
2
$23.00
$ 46.00
Project Engineer
8
20.00
160.06
Senior Engineer
6
16.00
96.N1,
Senior 'technician
4
12.00
48. ;U
Junior Engineer
10
10.00
100-.00
Clerical
3
10.00
30,00
Subtotal
$ 480-(
TOTAL
$8,609.00
2. DIRECT COSTS
(Included in Overhead. Rate)
3. SUMMARY
Direct Salaries (Tasks
I -VI)
$ 8,60$.00
Overhead @ 147%
12,655.23
Direct _^asts (Inclu(4-
in Overhead)
-
Subtot6i
$21, 264.23
Fixed Fee @ 15€
3,189.63
TOTAL
$24,453.86
hTOT TO EXCEED
$24,50G.00
I
CITY OF HUNTINGTON
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
January 6, 1983
Herman Kimmel & Associates, Inc.
3300 Irvine Avenue, Suite 1K)
Newport Beach, CA. 92660
The City Council of the City of Huntington Beach at its regular meeting
held t4onday, January 3, 1982 approved an agreement for Prcfessional and
Engineering Services with your firm relative to the traffic signal
interconnect agreement for 1;arner Avenue from Pacific Coast Highway to
Xewl!ope Street.
Enclosed is a duly executed copy of said agreement for your records.
Alicia ti. Wentworth
City Clerk
AMW:CB:bt
CC; Judy John, Finance
Paul Cook, Qir, of Public Works
REQUE � •FOR CITY COUNCI*C d N
Date December 21, 1982
Submitted to: Honorable Mayor and City Council R 1>,Gi4rV't:i� cY t�tZ Z' 0Jk.1\K3kk;
Submitted by: C. W. Thompsun, City Administrator ; -! f��- f'
Prepared by: Paul E. Cook, Director of Public Wor k4' Czrz r .rgr`
Subject: Traffic Signal Interconnect Agreement and Consu, tant Agreement -
Warner Avenue; CC -502
Statement. of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:C��,
STATFM'ENT 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 consulta;it services agreement is needed for project design.
RE COM2MENDATION
Authorize the Mayor and City Clerk to execute the agreements.
ANALYSIS:
T'he 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 $103,350.00.
FUNDINS SOURCE:
F�iWA 8b
Gas Tax 13.78$
ALTERNATIVE ACTIONS:
Do not approve agreements.
ATTACHMENTS:
Agreements
C� ��
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ire`' •: .. `. .. o . F)
o * i{ AG,R. >1F, i ,x TSic �� clit•j. Ont i%.I z tbi, T
My and h�+ �;eer; he I`^Y E
�jt C1a `CAIi��C' z�I,P.Y nu J—he IT `01' IIU-NTii�� T0( i 13EAC i � unxczpal f
== rs 04j7F3rci'}1{IIS�K? �7e"�rts3t C)f f's1�s'tOrTZJ4�r hE e T13:'F� r -f f' -Al t
eC
.,ems ,,C�TIk ," F,�%r4 K* ANIF, kXND AS50CIi ES-,C. a Cali'f,ornia
ion, referred !asonorate
!ITN S
ET
' 4HE}2E15,., the p zncYar members of M,Gz. FR are professional
engineers duty �f�gi8te�ed u�der t�`e laws of thLl%` Stave o� �alifr�rnia{,
and t)
;,t�'FIEREAS, CITIES desire to= engage ENGINEER to rend Jr
err. ;
eertaan technical a-nd rWFessional engineering, `services -as set i
4zorti 'in Exhibit "A, Sccape;r f Seridices, i i``-con ection',,with the
cc��r jucti:on of a traffic s gna,j ` htercornect om Wainer avenue
f
{�betAy�pn Pacific, Coast Big way 5tr3?v' , as described
In 53jtilILD1t
6i
`IiEtiEF£1RE, `he parties Tieret ;agu"��e to as f01 &4' s:
u
l �CS` aaYee to "eng'� e ENGINFEER E6 4eerf� rm the
Jtec'finice l nd/or pr essionaa services as� ,ere[ n set for--th.
1
2 EN(y�2,,EER stallxfor�, all'orlL�cessaryf to complete,
in-, a w-4an`ner ,satisfactory 't STIES the serva�es,' set fortk�;� in '
n:;hioat "A, ' entitled. Scope bf� S xvxc a ;t�acn.ecx' hereza?,,nd by
reference �,nc�r���o -ated herein an_°ti�madej( a ra rt hereof.
;4 ry .All inrurmation, r�aJUlz,,�� 4s , and recoras and neaps
�r �, —asr are ex)stina and av`aileoleCar=ci neees aryrfor �.
carryfirja out the work. outlin�Ej in xh1ai her,eof shall be
' v furria,sbed to.,ENR31 FEER w? no�,et cYiarge } CI PI ES' and CITieS s:'iall , \
coopeta-fie a;- eyery way recasonabl� z��' tcar irq ��t� o� the
5�or): wig out delay. U 1+
= j ENCINEEk�represents, that It employs, ,c;r wili�'-egploy ;
i at .t� ,own ekp`ense, all, pexs�:2nnal rec?c�ired_�- .p r�fq, ing, the,
L` ..rya
services re-_ui��d, undP tr'�1os �p,r�eement� �t d
5. All the s�svices require 'nzkeunoej� i11-be y?er,fcr'a�ed `
F by ENGIts;EER or unc er ha"sf 'direct supervision, and 33:1;; ger`:� nnel 7� �'.
engage
irr the 'work shell be gully qua-li,fied and k ha l `ia`e,, horize& �; =.
p or permitted unAer,State a.nd5' local law 10 pe ,o rtt such, �,:znrvices`. c.
rThe °i?�G NEER shall npt suct1 t or transfer any w it 'skeet as
otherwise Providedf herein
fi: The e--ecu,tion of the iAgxleement,.b r Saar ie ,`'here,tt t
cong-Eitutes a,,6 authorization. to puoce&d - TJ w }c 74�,92.lre, a,s
set fOrt1 in 'Exhi it A� shall be complete( �xhxn 15d cnl,endar
days after execution o thfs Agreement s
fY� ' o
if tn'e-° work ',is d46'l`ayed k K,t anv "tirne, r�,'dsi on -f a "
ti
susta�;n,sion•+�rd`etod bye CITIES, or �ec�u's�3af �`an; ;�t«��er �_a'ct of
1 Ci'i' IaS, ' or f,thQ Js rk '.shouldbe delayed at achy rtizpe Eby re&.son" o
i str'i� .st °ag s ,C;f Go,=*t, 'tha 'public 'ene�}y`, k�ctS."'C?L-CIT`IESp Ire, ` %r =
a° £1°hodsT der�is, llar3tin`w e,rictivnsrt freight embarg.os,
�ae,�' {free, vo3�� el�,rnezts, or for, any other vnfoxe- c'
se �,ee, caus'e' b'e'Ybnd' is con Fal and w:athout the fault or ne 'l.ige:ace
_ fof E�IGTNi^ER p or,., foray .�othez reaso `'`wh , 5
n n z h ,, in -the the opinion of
CITIES pis ptbRer justL�acat,ion for Much 3e1'�ay, ;,then E�IG117EEg. L
shall tie eni\'ia+�O tr an �7xtension of dime ev�us�va>�"ent to the �me
aCtuay 1as`t by sacra- dQ1ay: o ' a L,
j
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�R- 1'.1y andl f A i 'ki r to J� V) (1 7 777-
7
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yzn,
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and t o U"f 1. 1 t e A.,I a, Inyi ext ',,on of t,17.e lI
ej
P
tt s tv for an Oxtpn5itin of tir-e oe the �4 ran t kn 9
sbal n 'O t' n 6`�. a s sa t�-i ly
of an exte. sj�on
for '.�rns! I tsit ag4i'�n - in ES for ji.d-oitional 6,
shall bbeemp,l to haves p, n y cI a)cn for ad(4_ ona, a'rid does hereby so ; waive any such -claim unless "'he shal"l, at thie
Q - o f , -Ile time, QL", filing a request for an xtensaom r JL likewise Ari e
a aim for ,ad/Aitional. compepsat, on onkI cou6t" of g-ti Ch delay. �
I s,el
B. "ENOINEER�'�sbal`l -wor o y and cooperate ,fully with,
their desk gmated represe'nta, ives,
Directors Of P'bbjac- Oo-Xs,c�!i
!Trans,and FHWA The 0 i r eriz t o r s of Vublic Works o eir (h:isignatdii representatives of
. K'� t) I 1 1, .
CITIESr f-OI � qViaision and constantly rev_,-Lew,A'hd give ar
J
of -the oS the-wd�)13s iprogresses,,s ub j e C,.U- to
approvals- of
overRll review, by"ixalTrans and FM4N.
45 8
9. CIrgIES may terminate this,, Agreement at any time ofoe
convenience by gi their' own co v i n g, w r i t.-ee n notice to ()ENGINEER of such termination and specifying the effective date)theropf,,),at
least fifteen (15) days before the eff, cl_ive '6-a,te of such"
ntion_ In that event, all-�fjjntshed or urifinished, documents,
and tother mat,erials shall-, at the optionpi\.PITIE5, become i�`.
t r"', xis: �&s t rminateh �Y,�CITIES as' p Id e d
fierope'rty. I :�Agreement 6 rov,
re will be paid a ;Eb�,ai amount equal" to,his costs
s
i;"as O,F4,the termi,riation date plus 15% cFf that airpunt for profit.
'Hour I bhe'fift rates, and indirec-t cost rates
ky��-,ra,tes, -, emp :ioyee ei,11
et'�-Bbrth,,in E x1 61 t shall be as s but not to exceed to maximum
5 et by -ees _Agreema
0
10. 'C TIES t I ,may;,: lay wri.It en notice to ENGINEER,
. ,
�16_Ana.te the whole or any part., of this Agreement inany of "the
foilowlng ci.rdizmsfences :
0
(:-l) If E N. G I N F, E R, fails to perform the services
called for, this Agre�ement within the �3time 'sp"_�ici'ie.O herein or ti
vp t I
any,ext'ensiqn thereof; oz,
(2)-e, �qf DF NG INIEER f ails"' 'to perform tbe services,--z�,
called for by this Agreement or so fails to make`progress as to
endanger p 6rformanbe of this Agr_eement in e.ccordanktetejith its
terms, and `in either of tbese,.two circumstances. does not correct
period of ten '(or such longer ,pucn 1;�'aklbre within a per-i n J10) days
,period as CITIES may autiho'rize in wr.itipg),, af ter%,receipt of lnt)tice
i'fy i n 9, soh I - .1 �, . I _`
from CITIES specn failuaY",
In the 6v e n t QITL-ES terminates this Agreement In
6, 1 e or in,)pdart 11-as "Provided iNy,-,,,Para gr8,pb "a" of this Clause l4, j
CRIES may prpcurd,`:,_ su�_,, terms and, such,.manner as he may
determine appropri'a'te,'*,ser'yi,�"ces' similat, to -those terminated.
C. Clause 10;�f. this Air,ement,,is ,terminated ,as proivided in
a..1 of thisC,
` 1 a�d- Var�agraph , CITIt S may require E&GINEER to
FVroVide all, finished or unfiris.Ii,�-d doc,-ume,_nts, data, studies,
services, awings, maps, photographs, reports, etc. , prepared �by
ENGINEER. upon terminaticin as provided in Paragraph "a" of tbit
L'la_-use,10, ENGINEER sIjall be pai4�a total amount equ,61 to the
l
vafb'p, air tthe work per formed:1 - In alscerta_ininq rt e,value of `0,Ie A
o the date work 6 t- of ter
this,Agr'eement,' 6onside"r—,-
shall be_g,iVen to both completed work and work in progress, to
complete ands. incomPIete,`drawlng`s�, and to -other documents whether
delivered L&,session of ENGINEER and in pos to auth�pr -ze
'-'-
reimbursable "
,,penses.
Q
21
T�
Q
�O
0
11"i t j I N 1 *, I , R ;I t no t '41(�,
t it 1441j,"t- rql or that Lhj�� 11 1 t; 1 t w a i- L, V, .1 1 1
1 o f , t rle C I a k) q e I 'A'
t le v4rtiososboll be thaf "010 notl-CO L e r.V1 0,
' been issued 'pursuant to c,I
e eb"It-ai'zLer, �exte,,nt, 'o'r dlurat,�,on 0 t1ri e
I I. NO in th,
wog)to 1) 6 - 'A'rfor e�i by E.OGINEERj shall
"ade except ty
b et�w e i�--n C' anal Mllljl�,'ENV ilnl upplement, 4qreL nt in Writing ITIKS in
aj)proved--e by CalTransThe supplemental agreOirnt slQyll s e t': fi 6-f r-th
the changes of work, the extensions OfL,tirne an: tbe,adustTents
=qf he fee to be paid by CIT'ICS to G NG I - F any. In special,,M ,Rl
l illf
6'asts where It is essential that extra wor)� or qhanqes in work, be
Or d per�,� e
m inunedi4tely, execution of the t e suppld4neptal at .a'
c ��a b 1 ,q v e,ri n g s u ch change shall' be executed as soon as prg,c� i
:f 12ENGINEER Cigrdes to perform thewd`)6's spe 6ified in
z
9 Exhit)it- -A" andall obligations under ,this ' 'A�reonetit &1, h -i s cos t
incJudP 9-reimbor'sable e;;pen$es an sub c 'ontra " --.� t `�,ot}- �j4lu f i xt�c fee in the following amounts,
Category of Work Ftixed Fee
Inspection and 15%-
Administration
Direct labor rates, overhead and employee benefit �percentages
shall be as set forth im Evhibit '15. ENGINCF, R' s act-,ual costs,
direct -and eligj,ble'for 'Federal participation in cost-
plus-,--a-fixed-feer,contracts shall be p1lowable,,.under the -provision
of Subpdrt f- 15- -2, Fdderal ProcurqmentRegulations , Principle's,-,
"and Procedures for) Use in Cost Iteiribursement Type Supply avd
"Research Contracts with Commercial Organizations, oi Sta'tle
procureiTiiirit,-"r�,-,gulatiotis accepted by FHWA.
13.,, CITIES agree to pay t\1GINEiR for servkces ren(3eretl
under tWisAgreemen, in accordance with Paragftaph`14 below.
s. 14. a. ENGINEER shall submit to CITIES during each Tion t]
' 61c the term of this Agreement, a certififor allowable
Ifed invoice
costs nq�jrred �,,in the performance of his Agree"mep't plus a fixed
fee of. 15% of ,:the costs n c u r Y e 6 ov, e-r that period.:
A
41
b- Promptly after receip
t* of each iipv6', ice, bVin,no
evE�rtt later than thirty (30')=, days after this receipt and appro?��,al,
CITIES shall; make payment Qhereon to EZIGIoNZER.
15. ENGINttR agrees, to 1,ndethnify and sa.,ve harmless thec
CATI ES,, "L6eit officers`; 'and7 employees for any a0d a.11 claims and
kisses resulting or accruing to CITIES or their" off-ice's and
employees in connection 'witIn ENC;INMls neSOilig t - �p"6'r f o.,r manse of
this Agr'eernenL.
&I I data, prepared 'qr obta.a.-n,ed by ENG1KttP under this
reement shall be made available, upon request, to CITIES (tqitho
restriction or,limitatioqon their uqe.
-17. ENGINEER shall not �obcontract env 'portion �,o f the
work required by this Agreement, except as e,xp r--e s al y staters herein
without pri-or ""approval of'CITTFS and -CalTr1a-n,s.`
ENGINEER shall cbmply with al Feder6k, .5-ta. t-e- and
local laws 'andord a
'es applicable to the work.
19. ENGINEER a l mainta:6n complItp, and accurate re cord's
1�0,�th respect, costs �ncu,rred underctlil. $iA,;reement-to inolude
the records supporting cost proposal s 68e� ,to enter' into a contract
with CITIES. All .7uclli Q--ecQrds, shall L )e
aintain,ed on a gL -nerally
accepted, accourting, basis and shall.bo cl6ar-ly identifiable.
ENGINEER
R shall z sen tatives of CITIES, Pake a4allable-to the rep
CalTra�ns and FHWA, or the,ir apppin dtgrj ing n6rma 2. ,busines.
3
� i 4��y.t��"' r �•r' G it 'Wilt l a i i. F1 e` 1.n Y`t t I
s,
�5.§.�l't"{�a"t.'i. tAF "L`t.�xlF t'���itY'.Ff ,l rs i; �`fi �, M�tG � y. .�' ��:'j'j , •k't� f, M.. � a� T'�w
i s•- ) .l #� A #
l l;t� }�'�?`��ra,,�t�11 t�iS�,1. -�=ft;�iti.
1 t `ht Yii w:d :;1.Y 1, :'i,J R i ay l 'ma Ift a"I n e k'€ J
` ttri.3 I'l.ov'tlb1 fi ? �t a 4k th i'f' a(N��o
I.xh bitw tr,"' as
req,qj.e,?=, by Cal ra,_> arI�T F"t?i'A—
0 „
r21C t11 e xtkli€Fx �� i X ltj ruS[ Sk 3"
epari mutt of Trktr sport�t��;�„
' .kreraI Of the UftitMel .states try AnspeCt c n` i aL'da t all :1viC,+"S an,
A' '� $J,cxx errs of $ aINE R r01ati;ng 'to his 'i�erfax°rrrane:�s"t�ncler the
contract ,>
- �
% 20, AevieH+s at apprc+ *xis' sages durin,.q the work, may bQ �
i; made `by �CJKTIESF Ca1'r.ans, and E WA.
„ '
21. Son solicitation trarr,anted J tNG114P, R warrants. that
Y Nt\ he has ,not employed or rct,ained airy 'Lompa;r}k, or person, other than .i
U a !Jena Brie inployp-e working solely for the consultant, r,cF scl` cit
or' secure'this Agr<eemerttj. and that he ha''s not paid or agreed to -
'on, othr't?9�krpaX,�•any c
solely for the corrsultant3, any fee, �Jcommission,- percentat
i rokeZa° tee, chi t-s' or ,any oth&r cpnsidq-ration, c6ntingent�,upon
; or �resulti�rs? from '�'he awat,�d r�inaking of this Agreement. Eor
„r�reach or v"x latip of this warranty, CITIES shall 'rave the ,ri-ghL`
tc annul thisgraement w rthtaut" l� aba lzty or in its Alsv� etir�n�to
it 4�ieciuct froiarfifje contrY�et uric% lo,� can` ideratiCn' Orr l�isa
roc �?er, t full :amr�t�r't o4%sucR.,f'ee,. oon'tmNi Lion, percentage,
brLfc:erage fe_e, gift, or contingdpt fee,
;,� =
22. Conflict -of "Interesth( '��oh%bi `eci it tere`sts a'�e as :
't {� No ffr9ce??, rrerab r or erp'lovee-°of, CITIES during his
tenure one year thereafter shall lave and, i west, rec2 or
/�.
,> 'ln(i.l.i"eCti^Pin thif,�,:agreement-Qr the pr"C7C`e,i'C�'i �iii€'�:L'C7f:
q
r The par tes :Hereto covenant' anf-st�660"-rthk+'lt, to, -,~'heir
u` kn6�Aedge, no member of ' the City Councils, s fficers .>t r er,.ployees
of`,C ITIE'�) has ariy interest, wbe,ther cor?t'raeturt3"1 rio?To< l r�ct�ral,
`finan_cia�I on,,otherwise, in th�s transaction, or ;err bt5s41� s of �
the contra,ctinq pars' Other trhan 4"ITIEs'' ' and that If any ;such ^
T1n��E:X"est CDmE.'s to ' e knowledge of .either party at anv
.W h
1 �
full and complete d.i.scs'urc 'of a3.] svc,h in' rmation
in writing to the q,ther party` or par: iesi even xf such, a 1t'et 5
would not be corsiere a "conflict oi' interest under' applicable
laws. ENGINEER hereby covenants that he has, at the: t,ipe ,of the,,s� sj a
exequt:ioh of this Agreement, no interest, antt*h-at be s rall not, 7,
acquire any interest in the :future, direct 'ikr i;a4xP Which
4w'oul.d conflict; in ,any manner ordegree with the` jS�rfor�aiance of r
services, ebquire&l to be performed purs�i`ant tt�`ftl is Agreent.y
c
ENGINEER further covgna,nts' that ` n tht perforr;,a,hce of this 'stork,
: no person "havin -, any suclq intere`gt shall be employed.
23: fort xe��siohal d6nflir t of Interest, Interest' of
members of o d legates to Congress sha11 be restricteel as follows:
No,member of of delegate to the Congress of the U '�ted a
states nor any resident Coj?xmissioner shall be admattez3 any
spare'orytpart of this hgreemt'nt or kc� any bene�it ar%sin�' t'ierei�rom.
24. a • Compliance With Civil Rich s Ace.. in''connectipn
,with he, executi or' of this contzict,, I�GT� FM sWall not discriminate
agai:rst any ,employee' or applicant for employment becarl�e of race,
religion, color, se),. `or natit5na,l,ori(�xn• ENGINJEE'R„shall fake
affirmative actions -to insure that applicants are employed and
that employees are. treated c34ring t,hea;i ,empl�a3tment €��thoot, regard .,
to aheirrace, rel:;ij,, bn'; color, sex or national ori;'gi,n. Such
actions S all' �iynclud , but not be ldmz�,eti to, `'the e followiYrg:
employment, 'upgrad;inq,, 'demotion or transfer; .recruitment or
recruitment advertising4 layoff or termination; rates of :pay, or
other forms of co'' ens,4tion, and selection" for training, i.ncludi rrg
apprea Iceship.
v 7
�1 !!t`(.'. rate.1 IiVr.ti?'it, c�iC[�; rritlt, a qiA
ai"i�k?r3r5'�.iCi said.
'`.%'ats•�y
. 7rro �3isdrirlihat�on'Civil Pibts `rjr ,.
L:�Y I�iT fir wii h �7arsi c> the 'work L�erC;irms�� to}� x 9 n Lai �a, ,panel
Friar. c mpl tiz of the cpnt:ract wYork, ,wil,l c pity °,aitn +h°Fk
regulxation4 of the f�Gp��'[tCrteC1� o'f "�'Lcit75JTC)1"'iaGtb7. CPlativfs t
Idiscrimin4t;ion in Fedbrall,y gssisted programs of thy, Dqp r. tment
of 'Pransportati-on (49CFR21).
c Solicitations` for &cont-rac-ts, in�l'uding A
P'. .., n' ebbs of t-la�:)erials an Foua",,>ml'6' n all solicitation, s,
either�,}t competitive lazdi ri '- o -jii gotiat o/nr made by E�.GIt:i> Ft
for wop}� to be perfor€�ed under a suticgntra�1{,, including proccaret ent
0" of mate.rial.s or leases of`equipment,,each po'Lential subcontractor,
supplies'', orC,Iessor shall be. no ifiod b.- 'ENGINEe;R of.ENG'I�ER's
ok�liga,t s under this contract; and t`h(---- regulations r'eL zve to "
,non-,dis iminat;ion on ct'he gr unds of race; religion; cdlor, sex
or natio al origin. „r
d. Inf OMI ation and Reports. EH�-INEER will provide,
all infor �ation and reports regUired by the CalTrans or FH14A c
regul'atI16' or orders and instruetione issued,pu,rsuant thereto
and will permit access to i",, books, ;redords,f- accounts,, and other
s0Lfrces. of ��ialTrans,
nformation, �and its facilities as may be dte.rm'ineby<CITIES, or FHA-,' to be pertinent to ascertain compliance
w.it31 tubb r?qulations, orders-�.,yand ihztru;.txorrs. W-h_ere any
'� r1 information 'requireO of a;; ENGII3EER ;is in the exclusive Possession'
of another Who fails or refuses to f4r6` this .nformation
ENGINEER shall" so certify'to cTsplEs, 'CalT.ran,s or F8WA in3 appropriate
and shall set forth what efforts iit has made, to obtain the
o_rma�iion. - 1
e. Sanctions for lion`--i, mpliance. "In the event of
" EI;GIN.ER" s non-compj,,i.ance with the non-d scrimnation provisions
of th s cont,;ract , CITIES; shall impose such `contract sanctions as =
CITIE CalTrans or FHWA may Oetermine ,to be :appropriate, incLu'di,ng,
but nt limited 'to:
n
(1) withholding cif payments to -.E,1iGItvEEP, under
this contract until. ENGINEER comps ies; anti%ot
(2) Cancel`latign, : termina :ion -orsusrension of tti.
the contract, in wvbole or in part.. r
1 r
25 . In the evo.nt that' J egal action is commenced o enforce.
or declare the rights crested, under this !,. reeirent, the prevailing
party shall be entitled 'to an,
award''of,,costs and reasonable
atto,rney`s fees in ant>a.mount to be determined by the court.
C,26. This AgrceMent shall be bi.n:dinV on the successors and
assigns of tyre`-arties, but it shall not be `assigned by ENGIPEER
without ,the prior, written consent of CITIES.
27 • MIGINEER shall 'sae an inde'pendent,;.cointraotor, not n
employee of CITIES.
'! k
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t j trij u
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I licl, EBY ef'RTIFY tb?s k I a4l the ��a�,�Y fax tl:i� city ^ f
}iuttta,n°,�On Beach 'an'l �tbat. Lne Consulting �'i,rM 01
A$SOCI kTF,3, XNC .' or its re,presen,,at i e has n+at beer) re�J,u i red,
directly or ,indirectly, a, an exp -ass r im�iAie*I
connection Faith ,obtaining or car��ti! erout this agreement to:
(a) employ ,or rtaib, car agree �0 employ or retain, any
firm or
r person, or i
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(b) Fay, `6r agree to pay:i to any firm, Person,, ors
)or� aniz tion, ,any fee, ''contribution; donation, or consi de`gafiion
of,l anyy `kind; except as here *xpressl,y stated of any),.
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I acknowledge that, 'this 6elrtificate i 5 to be furnished to
the, 'State of California, the ��Federal ;Highway Administration and 3
u.s'.7s Department of TransportaJt',ion-in con nect"ion with this agreement
involving participation of Federal- d 'highway funds, aria is �
subject to applicable State and Federal laws, both criminal and
civil.
= Rayor
U City of Huntinton Beach
Y `.sty Cl"erk
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J EaMKEEN PACIFTC.` (OfiST i1IC:EWAY, A,ft) €rl Y+; xVE STPIEr
PrilVary
phases cif' work ``to, cq, letei th`e project include data
collection,
nalys5, subrrzis�tt,�on'', of a .xeport, and tie t'.5.. &,
ti
1 .
Data Collection anpi_An,a ysis: Traffic `and street cliarac#,eristics
=wi.l1 be Collected fro,n City files, field reviews, ao-d traf;tic
flow observatons.`f
2.
Plans,;and specifications will be submitted to al; agencies
involved for review, after which all corrections villcbe made
and final contract�('pac'Yage will be delivered to -the lead
ageriey. rr n
3.
All, bids'received by the agency, for construction of the
J
pr,Qject, will be reviewed and recommendati.on's regarding award
wit, be-made':t:o the agency. "`
4.
Cons`truction contract inspection wi�lil include °en'q,ineeling „
analysi:s_of„operational conformance to contract plans.
5.
System a.nalysisvill evaluate peak hoer traffic 'flows at e
fr'
eyistingsi9n4klized, int'erseotios to determine minimum cycle
" lengths and splits 'to arle�iately serve both Warner Avenue and
its intersecting„ streets •
~
6.
Time -space diagrams -will be prepared for morning, evening,
and off-peak traffic flows on iarner Aenue between Pacific`
Coast Highway and Newhope Street'.- r
7.
Develop -and initiate programming for recommend =?master `
controller to operate basic system.. in conjunction with
programming, each intersection cor4troller will be precisely
timed •' City personnel will be in, olve_3 with, timing to the
extent of receiving 'tra'i niaq,.
8.
All documantat;ion`collected, :analysis data prepared, etc.,
V
will. -be submi,ted to the Cities for future reference. A
"nal report with. `be prepared to fuifill Federal requirements.
9.
System ope„ation will be continuously reviewed, City personnel
"=
trained anr3`' the system .adjusted, as necessary, forr, one year
after"construction completion and,acceptance.
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AS•SOCIATSS,
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0VERHF,
ANALYSIS
v'
cy
FISCAL YEAR NDINCG
i•IARCK ICI,
1981
ci
Dii�ec�t Labor
PC, .rc;;an�"
-
Overhead
V
Indirect -Salaries
.,
SZ
Pa`yrollI B��roen ° t' ,
1'6
1�.
y�
Professional s Con'sultant Fees
!.,
6
q
Com�rt�;7ica ti ons
2
0
Occupancy
1 2
TM
%
Supplies
2
`'
Business insurance
Reproduction
3,-
gavel - s Subsistence
f� 3
ij
Auto Expense
10
Data Processing
TS
C,
Deprec,iaion
4
`
01
Taxes S Licenses
'
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Mi.scel,laneo'us_
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r. gverhead Total
1,47
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rA
`yF
C -JN'STR' UCT'ION cif' TH �tiA�NFP.
1'�'F'•�
INTE.RdON'N,ECTEJ) TR��FFIC SIc.�iI
PACIFIC COAST HIGHIWAY TO 1vE-410P*. '-TREE
1 FAU PRO JtCT NO M -MO I
�4.
3/3/82
`kROPOSAL
7l1STIEti 'I ;YON' 4JF FEE
\4
1 • I?IR�'ceP S,P,x.ARTES
Pours
I - "D' Col. hIonX
Rye
Amount
Ta
<
Principal Engineer
In
$7, 0U; `
$ 23.00
Project Engineer `��
'��,3
20.00.
60.00
(,I Se'n Ir Engineer '
10
�- '16.00
160.00
c> < Senior Technl'tia`.n
10
12 jQ0
L20 00 "
;n in er
` JuniorEg
40
'
lU: �0 �`
400_Q0
Clerical )�
j
10 00
30 00
S?btdr.l
$ 793.00
Task IV, - "Plans," Speci fica.tl'ons
J 81, it
P-�fincip7 Engineer
lq
$23.00
�'�
230.00
"Project tn,giner
50
20.00
1, 000 .0'0
Senior Englnee�r
60
10.00
960.00
Seni`orr Techn,:cian
1,50
�,2:.00
1,=800'.00
{�
Junior Engi hdo`
100
hi`?,, 00
1, 000 : 00�'
:. ,.
C16i c.a1
10
lO.Oq
-100.00 ,
Subtotal
$ E ; 09„0 00
Task III - "Const;ructi.on`.Gontra.ct
Award "'
Principal Engineer z
$23_.00
Proectngianeer
-
20.0,0
_ ,
Senior Engineer
S��hj,c�r,`Tt'chni,qaan �
-
12.00
-
{' Junior Engineer- �,
10-00
-
�
Clerical
-
10 00
Sub-otal�
Task IV „Construc-t -1 Englneering"•
,Principal. Engineer
1
$23,00
$ 93.00
`. n
Project Engieer`
�
G
2,
20.00
40'0.00 .
Senior Engineer
-20.
" 1.6,0,0
320.00
Senior Tech` ician
20
' , 12`.00
2'40 .00
Junior Engineer
10
10.00
r I00.00
clerical
2
4 14.00`'
_ 20.00,
- _r
Sub`Fota1
$ 1.,103.00
t
Task "V - "Mai ,tercontroller &
Tntexse�ct] on Progr,In
F-riocipal,' Engrhe�'�' � �
1
S2�}.00
$ . 23.00
Project Engineer
20.
2fr.00
400.,00
Senior Engineer
20
" 1
320 00,,
� Senior 'ect nacian
20
1?6o .,
240.00"
Junin r ;Engin6er
1.5"
10.00
15{ .06
s Clerical.
1
10.00
1G (FQ
}
Subtotal.
1,14 3.00-
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OF HUNTINGTON BEACH
2000 MAIN STREET c ;CALIFORNIA 92648
_
OFFICCOF THE CITY CLERK
�
06
January 6, 1983
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"Herman Kimmel' & Associates', Inc.
3300 I rvi ne -Avenue,,-, Sui,,te180 s.a~
Newport Beach,, CA. -„9�660
(
The City Council of the City of Hunii'ng(ton''Beach at its, regul 11 a r meeting f;
held Monday, 'January 3, 1982 1pproved an, agreement for'Profes;onal and
°Engineering Services relAiu_e �=
with your firm to the traffic s>fgna; r
interconnect agreement for Warner Avenu? from -Pacific Coast Highway to
a`tewhqpe Street. >>
Enclosed is a.. duly executed copy of said agreement°for your. 'records.
Alicia' M. Wentiaoi~th
City Clerk
AMW•CB:bt, s
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4CC: Judy„v:,hn, Finance -U
-Paul Cook, air, of Public Works _
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kT' ITN�yhoM: a14676d227) r� n
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RE' UE,*FOR CITY 66C9NC6l iCTlE 4N
De camber _ 2�L, 1982
Date "
Submitted to: Honorable Mayor and City Council P,� 1PK��V�'� G c[°� �Ut?�)k,:
Submitted by: C. , Fl. Thompson'', City AdministratoAz
Pre y:
redb Paul E. yCook ,pixector of Public Wor 4irY �--� .
,Subject traffic Signal t,;Tntezconnect Agreement and Consultant Agreement
j S WarnerAvenue; CC f5o 2
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:��
°STA`!'EMEN OF ISSL' E
The Cit,of Fountain ��alley and the City of Huntington Beach desire to
„improve traffic flow on, Warper Avenue. A joint powers agreement is''re-
quired for the Federal' Highway Administra-tion participation iff the
project. A consultant services agreement is needed for project design.
RECPWN1ENDATIO,f7 : r
Authorize the Maayor,; and ,.City Cl ekk,. to= execute_, the agreements. :}
�WAIALYSIS �• �,'
The project will improve, all signals locations in Huntington geach:,and
Fountain' Valley on ;Varner Avenue..\The si gna,ls :.will rb'e interconnected
to a master computer. The City of:Fountain Valle& will be lead agency.`
The'FederalHighway'°Adm%nistration will participate in the.r- engineering -
and : construction at a: -'rate of 86.22%. Estimated cost of construction is= .
$750,000.00.= The CCity'of Huntington Beach's share is $103=,350.00.
FUNDING SOURCE: ,11
FHWA 86.22%ls
�
Gas,; Tax 78% !
ALTERNATIVE ACTIONS: !
Do not approve agreements,
ATTACHMENTS:
_ 1
„Agreements
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