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HomeMy WebLinkAboutC-1476 - Construct traffic signal, 16th & Dover, Cliff & Dover, Balboa & Palm�pN 1 4 1974 By the CITY COUNCIL CITY PP toww 104! P5hCH TO: CITY COUNCIL FROM: Public Works Department January 14, 1974 CITY COUNCIL AGENDA ITEM NO. H -12 SUBJECT: ACCEPTANCE OF FEDERAL AID TOPICS PROJECT: TRAFFIC SIGNAL INSTALLATION AND STREET IMPROVEMENTS (C -1476) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the installation of traffic signals and street improvements at : A. Irvine Avenue /Highland Drive B. Dover Drive /Sixteenth Street C. San Joaquin Hills Road /Santa Cruz Drive has been completed to the satisfaction of the Public Works Department. The bid price was: $138,987.00 Amount of unit price items constructed: 138,987.00 Amount of change orders: 7,526.40 Total contract cost: 146,513.40 Three change orders were issued. The first change order at a cost of $811.16, provided for a change in the feed point for the electric service and an increase in the service wire size at location B. The second, also at location B, pro- vided for the relocation of the signal controller cabinet from the corner ad- jacent to the Bank of Newport to the northeasterly vacant corner of the inter- section. The cost of this change was $6,890.24. $4,890.24 was paid by the Bank of Newport and $2,000 by the City's gas tax funds. The third change, a cost reduction of $175, provided for deletion of the galvanizing of the painted poles at location C. The funding of the project was as follows: Federal Aid TOPICS funds: City's gas tax funds: City of Costa Mesa: The Irvine Company: Bank of Newport: $ 94,009.39 32,041.86 7,356.91 8,215.00 4,890.24 Total $146,513—.Z January 14, 1974 Subject: Acceptance of Federal Aid TOPICS Project Page 2 The contractor is Paul Gardner Corporation of Ontario, California. The contract date of completion was December 11, 1973. The work at Locations A and C was completed on November 13, 1973. The relocation work at B was completed on November 30, 1973. eph evlin lic Works Director D:jfd AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA County of Orange ss. I, ........ A . '-ii �i l'Ei ....., being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, _, . .... . and that the .........:...: . .....' I I<_ �' , ............ . ............ ....... .... ......... ............. . ...... .. ........... I ... ........ of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, ........... consecu- tive times: to -wit the issue(s) of April 12, 1973 ..................... - .... .......... .......... ............ ........ ........ - ....... - ............................... ........... ......... ... ............. - ................. (Signed).. Subscribed and sworn to before me this.122 h ,Jay of .........._....__.....E ?aria....., 1s..7.j. Notary 1�6blic in and for the County of Orange, State of California. A ° t 1 �LOAL MOTICE ^ LEGAL NOTICE CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:00 a.m. on the 3rd day of May, 1973, at which time they will be opened and read, for performing work as follows: CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY. LIGHTING AND STREET IMPROVEMENTS AT IRVINE AND HIGHLAND - 20TH STREET, DOVER DRIVE AND 16TH STREET, SAN JOAQUIN HILLS ROAD AND SANTA.. CRUZ DRIVE CONTRACT N0, 1476 Bids must be submitted on the proposal form attached) with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope con- taining the bid. The proposal documents that must be completed, execut- ed, and returned in the sealed bid are: Sheet No. D±1. Title Sheet D -2 & 3 Bidding Sheet D -4 _ Signature Sheet and Affidavit D -5 Bidder's Bond D -6 Designation of Subcontractors D -7 Non - Collusion Alli ry motion SrSEfl to Performance of. Pre - vfdtlq tpntraotsy'1�1°; coats gets , , ubject to., the 4ua1 (Tp¢o`i 7 a and t4, filing of Re_ Auis�d Reports., These documents shall be- affixed with the signature and titles of the persons signing on'-behalf of the bidder. For corporations, the signatures of the President or Vice Pres ident and Secretary or Assistant Secretary are required and the Corporate Seal shall be. affixed to all documents requiring signatures. In the case of a Partnership, the signature of at least one general partner is required. No bids will be accepted from. contractors unless they have been prequalified in accordance with Section 2 -1.11. "Competency of Bidders" and Section 7 -1.01E "Contract- or's Licensing Laws," of the State of California, Standard Specifications. Forms to be filed are available from the City of Newport Beach, Public Works Department. The City shall not furnish proposal forms for bidding purposes to any person who is required to submit and has not submitted a questionnaire and flnancfal statement for prequalification to the State of California at least FIVE working days prior to the date fixed for publicly opening sealed bids and been prequalified by the State of California for at least ONE day prior to that date. Plans and Contract Documents, In- cluding Special Provisions and. Proposal may be obtained at the Public Works Department, City Hall, Newport Beach, California. It is requested that the Plans and Contract Docu- ments be returned within 2 weeks after the bid opening. The City of Newport Beach hereby notifies all bidders that it will affirmatively insure that in any contract ent -A ered into pursuant to this advertisement, minority bus -; iness enterprises will be afforded full opportunity to sub mlt bids in response to this Invitation and will not be discriminated against on the grounds of race, color, or: national origin in consideration for an award. The City reserves the right to reject any and all bldsi . and to waive any informality in such bids. In accordance with the provisions of Article 2, Chapter ; 1, Part 7 of the California Labor Code (Sections 1770 of seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages; in the locality in which the work is to be performed for .each craft, classifications, or type of workman or meth -: anic needed to execute the contract and has set forth these items in Resolution No. 1423 adopted May 17, 1971, A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all Provi- sions of the California' Labor Code relating to prevailing; wage rates (Sections 1770 -1781 inclusive). , The rate of compensation for any classification not listed in the schedule, but which may be required to execute the, proposed contract, shall be commensurate and In accord with the specified rates for similar or comparable classi -° $cations or for those performing- similar or comparable' This project will be partially financed with Federal funds under the TOPICS program. If there is a difference between the minimum Federal,. State, or City wage rates for similar classifications of. labor, the contractor and his subcontractors shall pay not less than the highest wage rate. The improvement contemplated in the performance of this contract is a TOPICS improvement over which Lire State of California shall exercise general supervision; and, the State of California therefore shall have the right to assume full and direct control over this contract whenever the State of California, at its sole discretion, shall deter- mine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern. SPECIAL INSTRUCTIONS TO BIDDERS: Bidders must sat- isfy themselves by personal examination of location of the proposed work and by such other means as they may prefer as to the actual conditions and requirements of the work, and shall not at any time after submission of the bid dispute, complain, or assert that there was any misunderstanding in regard to the nature or amount of work to be done. Approved by the City Council of the City of Newport Beach, State of California on this 9th day of April, 1973. Laura Lagios, City Clerk Publish: April 12, 1973, in the Newport Harbor Ensign. AFFIDAVIT OF PUBLICATION NEWPORT HAR13OF ENSIGN STATE OF CALIFORNIA � as. County of Orange I ARVO E. NAAPA ............. ............................... being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the_..... NOTICE INVITING BIDS ......... ....... ............................... .................. ................. .................................... ................... of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, ..... 1........... consecu- tive times: to -wit the issues) of April 12, 1973 (Signed).�li�.. Subscribed and sworn to before me this.12th..day of ....... ....................April....., � Ana .t yi/ <t Notary bhc m and for the County f Orange, State of California. �i i i CFFIC IAL EAL IJARY q r -�ggpA AMY CM.M ISS�ON EX IRI'S DEC HeER '0,1571 i Y A C Owed e.m. on�� �CoNs1, LIGHT] AND E 18TH i CRUZ Bids .mist be sub tm: e •Proposal Dorm, A with thq contract docum "` hed by the Public Departm�t. The addittumL„• of the propoaeI ,t to be retained by the bidder Du^tda¢e Each bid must be accompanied by;ciu 0 or Bidder's Bond, made payable to athe Ci ;aft r Beach, for an amount, egmsl: lat -`hest Idpero>!it amount bid. The title of the project "illhe; words "SEi d shall be, clearly marked on the. `outside of the'ed"10 taining the -bid. The:ptwsal documents that ,must be cpmpleted'` ed, snd;retm ned in the sealed bid ate: sines _ ing Sheet titre Shagt "and lttavlt LAY YIYYG D WW ?." D -6 Deslgow". of to �Vr Of ident and ,%cretary ` or . Secre and the Cc rite Seal. shall <:, aftlsk � requiring sigeatieres. -10 the of a signature of atdeast one' general' ' er is No bids Bill be accepted fro coatis have been' prequaH}Led la: accordance n or's Licensing: Laws;' of the State of Specifications:: Forum.. to be filed are City of Newport`BeaCb; Public Works.DWe UMz&. shall not tarnish proposal forip. for: bidding pm o* any person who is reed to. silOiOlt sell has not a questionnaire and flubncial statdment`fcr.prqul to the State of Califordle. at least. FIVE woritngd to the date fixed 'for publicly;ap9�ing sealed bide prequalified by the . State of .California for; it 1 day prior to that date. Plans and Contract Docua ehtdh* Special Provisions and. Proposal Eopy. be the Public Works Department, City Hall; 01kHfornis. It is requested that the Plans end omr Ments be returned within 2 weeks after -tile 1% The City of Newport Beach hereby notifies ' M that it will affirmatively insure that In any e08 ered into pursuant to this advertiser+ . mini lases enterprises will be afforded 14 of>Ddrtutib mit bids in response to this Invitation and F discriminated against, on the grounds, of. race,. national origin in consideration for an award: The City reserves the righC4 reject any of and to waive any informality in sucOids. In accordance with the :provislo'ps of Article 8 1, Part 7 of the California labor Code (Seeltoe ' seq.1 the City Council of the City of Newport ascertained the general prevailing - -rate of per dl in the locality in wbich the work f8. to be Patti each craft, classifications; or type; of aorkmao . aide needed to efteute the Contract -. sad bas .sit f items In Resolution No. 7429 adopted May 17, 19' of said resolution is available In the office,of the C All parties to the contract shall be govusr , . by isions of the California' Labor Code relating to wage rates (Sectiops t770-1781 loclsil+tek ,- The raft of PA for alYy_t>_ 6 in Q sohedube, 12 wish mar -bee >ttl eK 5 TO: CITY COUNCIL FROM: Public .Works Department July 9, 19 73 CITY COUNC.- AGENDA ITEM NO. 3 -2 SUBJECT: INSTALLATION OF TRAFFIC SIGNALS FINANCED WITH FEDERAL AID TOPICS FUNDS CONTRACT 1475: NEWPORT CENTER DRIVE AND SANTA ROSA DRIVE CONTRACT 1476: A. HIGHLAND DRIVE -20TH STREET AND IRVINE AVENUE B. DOVER DRIVE AND 16TH STREET C. SAN JOAQUIN HILLS ROAD AND SANTA CRUZ DRIVE- BIG CANYON DRIVE RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute Program Supplement No. 2 to the Local Agency - State Agreement No. 47 providing Federal funds for the subject contracts. DISCUSSION: On June 14, 1971 the Council adopted Resolution No. 7451 authoriz- ing the execution of Local Agency -State Agreement No. 47 for undertaking and financing the Newport Beach TOPICS Program. Article III, paragraph 5 of this agreement provides the following: 5. The program shall be in a form prescribed by STATE and shall designate the federal funds requested and the matching funds to be provided by LOCAL AGENCY and if a State Highway is involved, the matching funds to be provided by STATE. Adoption of the program by resolu- tion of the governing body of LOCAL AGENCY and approval by STATE shall cause such program to be a part of this agreement as though fully set forth herein. The program to be added to the Master Agreement covers two projects for the installation of traffic signals at the following locations: Contract 1475: Newport Center Drive -Santa Rosa Drive Contract 1476: A. Highland Drive -19th Street - Irvine Avenue B. Dover Drive -16th Street C. San Joaquin Hills Road -Santa Cruz Drive - Big Canyon Drive July 9, 1973 Subject: Installation of Traffic Signals Financed with Federal Aid Topics Funds Page 2. The Council awarded these contracts on May 29, 1973. The State forwards the programs to the local agencies for incorpora- tion into the Master Agreement after both the State and FHWA have approved plans and specifications for a project. / Joseph T. Devlin Public Woo ks Director i DLW:hh .;!. RESOLUTION NO. 8 03 b A RESOLUTION OF THE CITY COUNCIL OF THE . CITY OF NEWPORT BEACH TO INCLUDE PROGRAM SUPPLEMENT #2 TO LOCAL AGENCY -STATE AGREE- MENT #47, AND AUTHORIZING ITS EXECUTION ON BEHALF OF THE CITY OF NEWPORT BEACH WHEREAS, on June 14, 1971, the City Council of the City of Newport Beach adopted Resolution No. 7451 which auth- orized the execution of a Local Agency -State Agreement with the State of California in connection with undertaking and financing the Newport Beach "TOPICS" Program; and WHEREAS, City desires to- include Contracts Nos. 1475 and 1476 covering installation of traffic signals at certain intersections in the City as part of said Agreement; and WHEREAS, in order to include the above - referenced projects under the terms of the Agreement, the State of California requires approval of Project Supplement #2, cover ing Contracts Nos. 1475 and 1476, by resolution of the govern- ing body of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that Project Supplement #2 to Local Agency -State Agreement No. 47 is hereby approved, and the Mayor and City Clerk are hereby authorized to execute the same on behalf of the City of Newport Beach. ADOPTED this _9th day of July 1973. Mayor ATTEST; City Clerk J6)0 June 11, 1973 CITY COUNCIL AGENDA ITEM N0. H -2(4,) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: TRAFFIC SIGNAL INSTALLATIONS AT THE FOLLOWING LOCATIONS: 1. Newport Center Drive and Newport Center Drive East and West. 2. Newport Center'Drive and Santa Rosa Drive. 3. San Joaquin Hills Road and Santa Crnz Drive -Big Canyon Drive RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute a reimbursement and right of entry agreement with The Irvine Company for the subject traffic signal installations. DISCUSSION: The City Council Policy Number F -9 covering the financing of Capital Improvements provides in General Provision No. 3, the following: "Where private streets or private entrances occur at the intersection of two arterial streets, the developer will be required to pay only for the additional signal work re- quired to signalize his entrance ". The subject three signal installations each have one private roadway or entrance belonging to The Irvine Company. The reimbursement agreement pro- vides for The Irvine Company to pay the following amounts for the signalization of the private entrances or roadways: Location 1 $ 6,300 Location 2 7,110 Location 3 9,035 Total 22,455 These amounts are the estimated costs of installing the additional signal equipment necessary to serve the private leg of the intersections. The right of entry portion of the agreement allows the City to install, operate and maintain the traffic signal equipment installed on Irvine Company property. The subject three traffic signals are part of the traffic signals being installed through the Federal Aid TOPICS Program. oseph T. D vlin Public Worn Director DLU:hh RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AND RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR INSTALLATION OF CERTAIN TRAFFIC SIGNALS WITHIN THE CITY OF NEWPORT BEACH WHEREAS, there has been presented to the City Council of the City of Newport Beach a reimbursement and right of entry agreement between the City of Newport Beach and The Irvine Company for the installation of the following traffic signals: (A) Newport Center Drive and Newport Center Drive East and West; (B) Newport Center Drive and Santa Rosa Drive; and (C) San Joaquin Hills Road and Santa Cruz Drive - Big Canyon Drive; WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that said agreement is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 11th day of ATTEST: City Clerk June , 1973 Mayor • DON:sh 6/8/73 MAY 29 1973 By the CITY COUNCIL CITY OF +wlP "!!" -7 YGACH TO: CITY COUNCIL FROM: Public Works Department May 29, 1973 CITY COUNCIL AGENDA ITEM NO. H -2 (eland (f) SUBJECT: FEDERAL AID TOPICS PROJECTS FOR INSTALLATION OF TRAFFIC SIGNALS 1. Contract No. 1475 Newport Center Drive East - -Santa Rosa Drive 2. Contract No. 1476 (A) Irvine Avenue -- Highland Drive - -20th Street (B) Dover Drive - -16th Street (C) San Joaquin Hills Road - -Santa Cruz Drive- - Big Canyon Drive RECOMMENDATIONS: 1. Adopt a resolution awarding Contract No. 1475 to Smith Electric Company of Stanton for $49,602.00 and authorizing the Mayor and City Clerk to execute the contract, subject to the approval of this award by the Federal Highway Administration (FHWA). 2. Adopt a resolution awarding Contract No. 1476 to Paul Gardner Corporation for $138,987 and authorizing the Mayor and City Clerk to execute the contract. DISCUSSION: Four bids for Contract 1475 were received and opened in the office of the City Clerk at 11:00 a.m. May 18, 1973. BIDDER BID 1. Smith Electric Co., Stanton $49,602.00 2. Paul Gardner Corporation, Ontario 50,980.00 3. Steiny & Co., Inc., Anaheim 51,980.00 4. Grissom & Johnson, Inc. - -Santa Ana 56,074.00 The low bid was 27% above the engineer's estimate of $39,000. This estimate was prepared last November and was based on the contract being awarded in January or February. Prices have risen since that time. This rise is probably due to the number of TOPICS projects being advertised at this time. The length May 29, 1973 SUBJECT: Federal Aid TOPICS Project for Installation of Traffic Signals Page 2 of contract time of 120 days may have been a factor causing increased prices. The three lowest bids were within 5% of each other indicating that the low bid is realistic. Smith Electric Company is well qualified and has satisfactorily per- formed similar work for the City in the past. The contract cannot be executed until the FHWA has approved the bids and authorized the award of the contract. However, the City has been directed to award the contract subject to the approval of the FHWA. Three bids for contract 1476 were received and opened in the office of the City Clerk at 10:00 a.m. May 3, 1973. BIDDER BID 1. Paul Gardner Corporation, Ontario $138,987.00 2. Steiny & Company, Anaheim 143,000.00 3. Grisson & Johnson, Inc., Santa Ana 160,970.00 The low bid was 1.5% above the engineer's estimate of $137,000. Paul Gardner Corporation is well qualified and has satisfactorily performed similar work for the City in the past. On May 17, 1973, the FHWA authorized the award of Contract No. 1476. These projects are the City's second and third Federal Aid TOPICS projects. The traffic signals to be installed on these contracts are the follow- ing locations: Contract 1475 Newport Center Drive Ease - -Santa Rosa Drive Contract 1476 Location A: Irvine Avenue -- Highland Drive - -20th Street Location B: Dover Drive - -16th Street Location C: San Joaquin Hills Road - -Santa Cruz Drive- - Big Canyon Drive The funding breakdown based on the low bids follows: CITY TOPICS GAS TAX OTHERS TOTAL Contract 1475 30,860 12,277 6,465 (Irvine Co.) 49,602 Contract 1476 Location A 36,987 7,356 7,357 (Costa Mesa) 51,700 Location B Location C 29,689 26,879 11,811 10,693 8,215 (Irvine Co.) 41,500 45,787 TN 4M 727M 2T.637 18$;5$23 May 29, 1973 SUBJECT: Federal Aid TOPICS Project for Installation of Traffic Signals Page 3 Gas Tax Funds in the amount of $24,507.90 remain in the account for matching TOPICS funds. A budget amendment in the amount of $18,000 is required to provide matching funds for the subject projects. There are sufficient un- appropriated gas tax funds available to cover this amendment. The Gas Tax Contributions Fund requires a budget amendment in the amount of $97,000 to cover these projects. $22,037 will come from cooperative agreements with the City of Costa Mesa and The Irvine Company. The remainder is the previous- ly unbudgeted allocation of TOPICS funds. Last September the TOPICS Program was accelerated by two cities were required to spend their full TOPICS allocation by June stead of by June 30, 1975. When the 1972 -73 budget was prepared, of only one year's allocation was anticipated. l .�C, ept T evlin lic W s Director jfd years. The 30, 1973, in- the expenditure ifs �qu APR 11973 By %6 CITY COUNCIL CITY SP' "Poom 0002" TO: CITY COUNCIL FROM: Public Works Department April 9, 1973 CITY COUNCIL AGENDA ITEM N0. H -11 SUBJECT: FEDERAL AID TOPICS PROJECT - INSTALLATION OF TRAFFIC SIGNALS AT (A) IRVINE AVENUE - HIGHLAND -20TH STREET B) DOVER DRIVE -16TH STREET; AND (C) SAN JOAQUIN HILLS ROAD -SANTA CRUZ DRIVE -BIG CANYON DRIVE (CONTRACT NO. 1476) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 10:00 A.M., May 3, 1973. DISCUSSION: This project provides for the installation of three traffic signals at the following locations: Location "A ": Irvine Avenue - Highland Drive -20th Street Location "B ": Dover Drive -16th Street Location "C ": San Joaquin Hills Road -Santa Cruz Drive - Big Canyon Drive The plans were prepared by Herman Kimmel of Newport Beach. This project is the City's second Federal Aid TOPICS project. Plans and specifications have been submitted to and approved by both the State Divi- sion of Highways and the Federal Highway Administration (FHWA). They have authorized the City to advertise for bids. TOPICS funds will pay for 71.54% of the improvements. One half of the Location "A" signal will be funded by the City of Costa Mesa through a cooperative financing agreement executed November 20, 1972. The Irvine Company will pay for the signalization of Big Canyon Drive at Location "C ". The engineer's estimate and funding breakdown follows: Traffic Signal TOPICS City Gas Tax Others Total Location "A" $32,800 $ 6,600 $ 6,600 (Costa Mesa) $46,000 Location "B" 31,500 12,500 44,000 Location "C" 27,200 10,800 9,000 (Irvine Co.) 47,000 T4T1= TS 46W $T5 W $T37TM April 9, 1973 Subject: Federal Aid TOPICS Project Page 2. The amount remaining in the Gas Tax Fund project account for matching TOPICS funds is $24,507.36. Additional monies required will be transferred from unencumbered Gas Tax Funds. A budget amendment will be submitted for Council consideration at the time a recommendation to award is made. The estimated date of completion is December 1, 1973. osePkL) Devlin ublic T4orks Director JTD:hh N 2h 1973 January 22, 1973 TO: CITY COUNCIL BY fhe CITY COUNCIL CITY OP NI WMW 46ACH FROM: Public Works Department SUBJECT: TRAFFIC SIGNAL INSTALLATIONS USING TOPICS FUNDS RECOMMENDATION: 1. Authorize staff to design and request TOPICS participa- tion in the construction of a traffic signal installation at San Joaquin Hills Road and Santa Cruz Drive. 2. Authorize staff to delete the design and construction of ky a traffic signal at B_$oulsvard- .alai,iet from this years TOPICS program. DISCUSSION: On October 10, 1972 the City Council authorized the design of traffic signals at Irvine Avenue - Highland Drive -20th Street and at Balboa Boulevard -Palm Street. The proposed design of the Balboa Boulevard -Palm Street traffic signal was presented to the local merchants of Balboa the first part of January. They reviewed the proposal and held two meetings with staff members. On January 22, 1973 the group met and discussed the alternatives and voted unanimously not to install a traffic signal at Balboa and Palm at this time. To'obligate TOPICS funds within the time limits specified by the State it will be necessary to substitute another traffic signal installa- tion for the one at Balboa and Palm. In reviewing the locations which need traffic signals the staff found that in the last year traffic has increased at the intersection of San Joaquin Hills Road and Santa Cruz Drive. When the City's TOPICS report was prepared this intersection did not warrant a traffic signal. With the opening of the Union Bank Building and the Pacific Mutual building both traffic volumes and accidents have increased. Volumes are up about 50% over 1969. There were 6 accidents (3 since October 1, 1972) at this inter- section in 1972 while the three year period from January 1, 1969 to December 31, 1971 showed five accidents. Using the method described in the TOPICS report for setting traffic signal installation priorities, the San Joaquin Hills Road -Santa Cruz Drive signal ranks number four. Two of the three with greater priority have been installed using TOPICS funds. The third location is Dover- Irvine. This intersection can't be signalized until the trial closure of the northerly Dover Drive roadway has been evaluated. s-rt January 22, 1972 Subject: Traffic Signal Page 2. Installations Using Topics funds The status of the fourteen traffic signal installations listed in the TOPICS priority list is shown on the attached list. L oseph. vlin ublic s Director i D W:hh Att. Priority No. Location CITY OF NEWPORT BEACH TOPICS STUDY PRIORITY NEW SIGNAL PROJECTS Status 1. Dover - Irvine Construct FY 73 -74 with non TOPICS funds. The San Joaquin Hills Rd. temporary closure of the northerly roadway of Dover Drive will be tried for 90 days starting February 1, 11. Marguerite -San 1973. This closure reduces the legs of the inter- Joaquin Hills Rd. section to four. 2. Jamboree- Bayside Traffic Signal installed with TOPICS funds. 3. Newport Center Dr. To be constructed September, 73 along with widening II II II ( E & W) 11 11 4. Placentia- Superior it It " 5. Newport Center Dr. - P.S.& E. submitted to State and FHWA. Awaiting Santa Rosa Dr. authorization to advertise. 6. Irvine- Highland P.S.& E. to be submitted to State and FHWA before 14. Placentia -16th St. February 1, 1973. 7. Irvine- Mariners Project 112 in City of Costa Mesa. Traffic Signal low on Costa Mesa priority list and they won't participate in construction at this time. 8. Dover -16th Street P.S.& E. to be submitted to State and FHWA before February 1, 1973. 9. Dover -Cliff The construction of this Traffic Signal has been delayed until the signal at Dover and 16th Street has been completed and its effects on the Dover -Cliff intersection are evaluated. 10. MacArthur (New)- To be constructed FY 73 -74 along with widening of San Joaquin Hills Rd. San Joaquin Hills Road. Funding will be one half County AHFP funds. 11. Marguerite -San To be constructed FY 73 -74 along with widening of Joaquin Hills Rd. San Joaquin Hills Road. Funding will be one half County AHFP funds. 12. Balboa -47th St. To be constructed September, 73 along with widening of Balboa Boulevard. Funding will be one half County AHFP funds. 13. Balboa -Palm Need for traffic signal only during peak summer days. Local residents and merchants have requested that signal not be constructed at this time. 14. Placentia -16th St. Was City of Costa Mesa project. Construction has been postponed by Costa Mesa. January 22, 1973 /I• v— l! a �A /) ttfVtwt.a� .A0 TDy .. - PROPOSED. TRAFFIC,SIONAL..I'"STALLAT.ION f' 1 600 •• <„ =_ - -- -- n .wta.na •<rr.<. ��''�7 Olt ff11II1 . ISLAMO ES • < _ •. •. goo �aaaw.00 .. .. • loo ...$*viols _ coast O "d <e..�.n.: ,•�. ioal<rltr CLUr - �� CITY OF COSTA MESA W. CALIFORNIA 92626 P.O. BOX 1200,�wr�e�,_ FROM THE OFFICE OF THE CITY CLERK b ALII[�,VEU�.Od November 20, k2, �ii�� arid; Mr. Don Webb Public Works Department 3300 West Newport Boulevard Newport Beach, California 92660 Dear Mr. Webb: Enclosed are three executed copies of the agreement between the cities of Costa Mesa and Newport Beach for signalization at Irvine Avenue and 20th Street, which was approved at the City Council meeting of November 6, 1972. Please return one fully executed copy of said agree- ment to Mrs. Eileen P. Phinney, City Clerk, for the City's central file. EPP:sh cc: Mr. Mike Bow Traffic Engineer Enclosures Very truly yours, EILEEN P. PHINNEY City Clerk RECEIVED PUBLIC ? WORKS C� ' � L aryl 1972 NEWPORT' 8FACH F CAUE. ;p jF3 NOV 131972' November 13, 1972 By the CITY COUNCIL CITY w "'1041reirICFLFITY COUNCIL FROM: Public Works Department SUBJECT: COOPERATIVE FINANCING AGREEMENT FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF HIGHLAND DRIVE - (20TH STREET) AND IRVINE AVENUE - C -1476 RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute the subject agreement with the City of Costa Mesa. DISCUSSION: On October 10, the Council directed the staff to include the Highland Drive (20th Street) and Irvine Avenue traffic signal in the group of traffic signals to be installed this fiscal year using TOPICS funds. One half of this intersection lies in the City of Costa Mesa.. On November 6, 1972, the Costa Mesa City Council authorized the execution of the subject agreement. The agreement provides for Costa Mesa to pay one half of the cost of the signal. Costa Mesa's participation in the project is contingent upon the project being approved as an eligible TOPICS project by the California Division of Highways and the Federal Highway Administration (FHWA). Upon approval of the project by th_se agencies, the agreement authorizes the State to transfer TOPICS funds from the Costa Mesa alloca- tion to the Newport Beach allocation. The amount of transfer would be 50% of the total eligible TOPICS cost for the project. Costa Mesa's share of TOPICS funds for the signal is estimated to be $16,500. In addition to the TOPICS transfer, Costa Mesa will be required to provide matching funds estimated to be $6,600. The City of Newport Beach will prepare the plans and administer the construction contract. J seph evlin P bl i c ks Director DLW :hh TO FROM SUBJECT October 10, 1972 CITY COUNCIL Public Works Department TRAFFIC SIGNAL INSTALLATIONS FINANCED THRU THE TOPICS PROGRAM RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute an engineering services agreement with Herman Kimmel and Associates for the design of three traffic signals at the following locations: A. Dover Drive and 16th Street B. Dover Drive and Cliff Drive C. Balboa Boulevard and Palm Street DISCUSSION: 1-1-3 dT- At the August 28, 1972 Council meeting the staff was authorized to obtain a proposal for engineering services for the preparation of plans and specifications for the following traffic signal installations: A. Dover Drive and 16th Street B. Dover Drive and Cliff Drive C. Balboa Boulevard and Palm Street D. Newport Center Drive and Santa Rosa Drive The firm of Herman Kimmel and Associates has submitted a proposal to prepare plans and specifications for locations A, B, and C for a fee not to exceed $7,500. This fee includes $500 to study the effect of the Balboa Boulevard - Palm Street signal on the operation of the Balboa Boulevard - Main Street intersection and make recommendations on the type of signal and interconnection system required at Main Street for the efficient operation of both intersections. Sufficient funds are available in the Gas Tax account for TOPICS projects to cover the engineering costs. Plans and specifications for the Newport Center Drive - Santa Rosa Drive installation are presently being prepared by Herman Kimmel and Associates under a separate contract. The firm of Herman Kimmel and Associates is well qualified and has satisfactorily performed similar work in the past for the City. k ph I. `pevl i n is s Director :DLW:hh RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HERMAN KIMMEL AND ASSOCIATES FOR THE DESIGN OF THREE TRAF IC SIGNALS, TO BE ,FINANCED THROUGH "TOPI " PROGRAM WHEREAS, there has been presented, /to the City Council i of the City of Newport B ch a certain a sneering services agreement between the Cit of Newport ach and Herman Kimmel i and Associates for the design financed through the "TOPI S" A. Dover Drive a d B. Dover Drive al d C. Balboa Bouleva and WHEREAS, the City conditions of said agreeme� equitable; NOW, the City of Newport services above desc Clerk are hereby a� // behalf of the Citv( ATTEST: City Clerk of thre� traffic signals, to be progr/", at the following locations: 16ty Street; C1'ff Drive; i 4nd Palm Street; BE IT that s is it has considered the terms and found them to be fair and OLVED by the City Council of agreement for the engineering I and the Mayor and City and dire ed to execute the same on of Newport Beach. this 10th day of Mayor 1972. mh 10/4/72 0 W December 11, 1972 Herman Kimmel and Associates 4242 Campus Drive Newport Beach, CA 92660 Subject: Agreement for consulting engineering services for design of the intersections at Dover Drive and 16th, Highland and 20th, and Balboa and Palm, Contract 1476E Enclosed is a completely executed copy of the subject agree- ment for your records. Zhis agreement was authorized by the City Council of Newport Beach on October 10, 1972 by the adoption of Resolution No. 7844. Laura Lagios City Clerk LL:swk enc. cc: Public Works Department CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE Deeember 1, 1972 T0: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1476 E Description of Contract Consulting mineerina services for the desian of intersections at Dover Drive and 16th, HiOUmnd and 20th, and Balboa and Palm. Authorized by Resolution No. 7644 adopted on potober 10, 1972 Effective date of Contract November 17, 1972 Contract with Herman Kimmel and Associates Address 4242 Canon Drive Newport Beach, CA 92660 Amount of Contract gee p�tract,' -city Cie c , I .r 1110t?lclti�l AGREEMENT FOR CONSULTING ENGINEERING SERVICES FOR PROPOSED TOPICS PROJECT (Design for Signalization of the Dover Drive - 16th Street: Highland Drive - 20th Street - Irvine Avenue; Balboa Boulevard -Palm Street Intersections) THIS AGREEMENT is made and entered into this 17th day of November 1972, by and between the CITY OF NEWPORT BEACH, a municipal corporation located at City Hall, 3300 Newport Boulevard, Newport Beach, CA 92660 hereinafter referred to as "City" and HERMAN KIMMEL AND ASSOCIATES, Traffic Engineering Consultants, a partnership, located at 4242 Campus Drive, Newport Beach, CA 92660 hereinafter ref- erred to as "Engineer ": RECITALS City proposes to signalize the Dover Drive =16th Street, Highland Drive -20th Street - Irvine Avenue, and Balboa Boulevard -Palm Street intersec- tions in the City of Newport Beach, and desires to engage the services of Engineer, said services to consist of the design and preparation of plans and specifications, and the engineering relating to them, for the proposed signalization of said intersections. The City Council of the City of Newport Beach is authorized to engage the services of a professional or technical expert on a temporary basis for the performance of necessary services for and on behalf of the City; and Engineer is qualified to prepare plans, reports, and specifications for the project and is willing to perform such services and to prepare plans, reports, and specifications pursuant to the terms and conditions stated in the agreement. THE PARTIES AGREE AS FOLLOWS: 1. General City engages Engineer to furnish the services hereinafter specified for the compensation herein stipulated, and Engineer agrees to perform such services upon said terms. 1 =7 r , • i. 2. Duties of Engineer The Engineer shall: LJ (a) Make necessary preliminary investigations, including discussions with all affected public agencies, public utility companies, equipment manufacturers and property owners of land adjacent to the inter- sections to be signalized. (b) Prepare detailed plans and specifications for the proposed work suitable for the calling for competitive bids for the work and meeting the State and Federal requirements of the TOPICS program. The final plans shall be developed to meet the requirements and approval of the California State Division of Highways Standard Plans, Standard Specifications, and Special Provisions for the proposed work. The drawings shall conform to the standard procedures of the State of California, Division of Highways. the project. (c) Prepare a detailed estimate of the construction cost of (d) Coordinate all plans designs, and specifications and all phases of the work connected with the project, which are to be furnished or performed by the Engineer, with the City, the Division of Highways of the State of California (herein called "State "), the Federal Highway Administra- tion (herein called "FHWA ") and any other affected agencies, and attend meet- ings that may be called from time to time concerning the project. (e) Furnish to the appropriate persons and agencies any revisions or supplemental data needed by such persons or agencies during and throughout the submittal and submission to the State of any plans, specifica- tions, designs and estimates. (f) Check any shop drawings or construction drawings that may be required during the construction of the project. (g) Furnish plans, special provisions, estimates, etc., to the State, FHWA, and the City as required for checking and processing. Furnish one set of original plans, special provisions and estimates to the City for contract reproduction. 3. Duties of City City agrees to provide Engineer with the following: (a) Existing City construction plans regarding street dimen- sions, underground structures, and related aspects which bear on the signaliza- tion work. - 2 - (b) Any traffic count data which is necessary to the engineer- ing, including its own views regarding types, locations and phasing of the signals, and the types and locations of the sensors. (c) Linen sheet for preparation of plans. 4. Completion of Services Work provided for in this agreement shall not be started until approval is obtained from the State and FHWA unless said approval is not received by November 1, 1972. In the event approvals are not received by said date Engineer is to proceed with the design of the project upon receipt of a notice to proceed. No TOPICS funds will be requested for work performed prior to approval of this agreement by the State and FHWA. The Engineer shall complete the performance of its obligations under this agreement except for construction consultation, not later than 70 calendar days following the notification to proceed from the City, exclusive of time required for review of affected agencies, unless an extension of time is granted in writing by the City, and approved by the State and FHWA, which said extension of time, if any, shall be granted only for causes determined in the sole discretion of the City to be good and sufficient causes for such extension. 5. Payment by City The basis of payment for the services provided under this Agreement shall be Cost -Plus- Fixed -Fee. (a) The City shall reimburse the Engineer upon the submission of proper invoices for all costs (including labor costs, payroll burden, overhead and other direct costs) incurred by the Engineer in performance of his undertakings hereunder in an amount not to exceed Six Thousand Three Hundred Fifty dollars ($6,350.00), exclusive of any fixed fee. (b) In addition to the costs referred to in paragraph (a) of this paragraph 5, the City shall pay the Engineer a fixed fee of Nine Hundred Fifty dollars ($950.00). Said fixed fee shall not be altered unless there is significant alteration in the scope, complexity, or character of the work to be performed. - 3 - • 0 (c) The maximum amount payable under this Agreement is Seven Thousand Five Hundred Dollars ($7,500.00). This amount is based upon the estimated costs listed in Schedule A annexed hereto and made a part hereof. The fixed fee is based upon the estimated labor and overhead costs. (d) The City shall make partial payments to the Engineer based upon the sum of labor costs incurred, payroll burden, estimated overhead costs and direct costs incurred plus a percentage of the Fixed Fee (as defined in paragraph (e) below), provided progress is commensurate with expenditures and time used. Payments shall be made by the City to the Engineer at four week intervals during the course of the Project. (e) Fifty percent (50 %) of the total fixed fee provided for in this article (paragraph (b)) shall be paid in equal installments when requested on the ENGINEER invoice. The balance of the fixed fee shall be withheld and set aside and paid to the ENGINEER following receipt and approval of the final plans and specifications required hereunder and upon compliance by the ENGINEER with the terms of this Agreement. 6. Engineers Records The Engineer shall maintain books, documents, papers, account- ing records and other evidence pertaining to the costs incurred and to make such material available at their office at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the State, the FHWA, or any authorized repre- sentatives of the Federal Government and copies thereof shall be furnished if requested. 7. Collusion 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 contract, 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 contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, - 4 - 0 0 in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 8. Termination The right is reserved by the City with prior approval by the State and FHWA to terminate the contract at any time upon written notice, in the event the project is to be abandoned or indefinitely postponed, or in case the Engineer's services, in the judgment of the City, are unsatis- factory or because of the Engineer's failure to prosecute the work with diligence or within the time limits specified; or because of his disability or death. In any such case, the Engineer shall be paid the reasonable value of the services rendered up to the time of the termination on the basis of the payment provisions of this contract. If the services of the Engineer are terminated for fault on his part, the City may procure the completion of the services or work in such manner as it deems best and shall charge to the Engineer any excess cost over that provided for in the contract or any damages the City may sustain by reason of the default. 9. Property of City All documents including tracings, drawings, estimates, reports, investigations, computations, and ideas shall be delivered to and become the property of the City. 10. Compliance The Engineer shall comply with all Federal, State, and local laws, ordinances, and regulations applicable to the work (reference is made to the form titled "Compliance with Title VI of the Civil Rights Act of 1964 for Federal Aid Contracts" a copy of which is attached hereto and marked Appendix A). The Engineer shall procure all licenses, permits, etc., necessary for the fulfillment of his obligations under this agreement. 11. Agency Employees The contract further provides that the Engineer shall not engage the services of any person or persons now in the employ of the State or City, for work covered by the terms of the contract without the written consent of the employers of such persons. - 5 - 12. Modification of Agreement No change in the character or extent of the work to be per- formed by the Engineer shall be made except by supplemental agreement in writing between the City and the Engineer. The supplemental agreement shall set forth the changes of work, extension of time for preparation and adjustment of the fee to be paid by the City to the Engineer, if any. The provisions of this article are subject to prior approval of the State and FHWA. 13. Redesign Redesign or redrafting necessitated by conditions beyond the control of the Engineer, will be considered as extra work and will be a basis for negotiation of additional fee. No claim for said additional work shall be made unless specifically authorized in writing by City. All con- troversies arising out of the work which cannot be settled by mutual agree- ment shall be resolved as provided in the January 1971, Standard Specifica- tions of the California Department of Public Works, Division of Highways, for the settlement of such disputes. 14. Presidential Executive Order No. 11627 The Engineer shall comply with the Presidential Executive Order No. 11627, dated October 15, 1971, and all guidelines, rules and regulations of the Cost of Living Council, Pay Board and Price Commission implementing it. The Engineer warrants that no wages, prices or salaries to be paid under this contract will be in excess of the maximum legally allowable pursuant to the foregoing order, rules and regulations. 15. Assignment Engineer shall not assign, sublet or transfer this agreement, or any part thereof. The services to be performed under this agreement are personal and cannot be assigned, sublet or transferred. 16. Engineers Employees It is expressly understood that in the performance of the engineering services herein provided for, Engineer shall be, and is, an independent Engineer, and is not an agent or employee of City. Engineer has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation M-M CITY CLEW November 22, 1972 AGREEMENT FUR CONSULTING ENGINEERING SERVICES FOR DESIGN OF SIQNALIZATION OF THE INTERSECTIONS AT DOVER DRIVE AND 16th, HIGHLAND AND 20TH, AND MLBOA AND PALM, C -1476E Enclosed is the original and one copy of subject agreement. Please send to the Caligornia Division of Highways for approval. After the State has signed its approval, please return the original at that time. A fully executed copy will be sent to Herman Kimmel & Associates. Laura Lagios City Clerk LL:swk enc. CONFIRMING 0 0 and discharge of all persons assisting Engineer in the performance of said engineering services hereunder. Engineer shall be solely responsible and save City harmless for all matters relating to the payments of his employees including compliance with social security, withholding and all other regula- tions governing such matters. 17. Effective Date This agreement shall be effective November 1, 1972. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. APPROVED AS TO FORM: OFFICE OF,�ITY ATTORNEY UZ CITY OF NEWPORT BEACH ATTEST FEDERAL HIGHWAY ADMINISTRATION HERMAN KIMMEL & ASSOCIATES, a California Corporation w By M Federal Highway Administration Partner ATTEST APPROVED CALIFORNIA DIVISION OF HIGHWAYS Division Engineer City and County Liaison FEDERAL HIGHWAY ADMINISTRATION NOV 2 2 1972 '''' i' A ?PROVED ' QF sIIGHY4.(1.YS WNAL�TRU IVISION ENGI!Dp GY CII` i • TN Y YdA1Sf2l i'.i i. - 7 - • APPENDIX A • COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL CONTRACTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant "), agrees as follows: a. COMPLIANCE WITH REGULATIONS: The Consultant will comply with the Regula- tions of the Department of Transportation relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. NONDISCRIMINATION: The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not dis- criminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. c. SOLICITATIONS: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of a lease or leases of equipment, each potential sub- contractor, supplier, or lessor shall be notified by the Consultant of the contractor's obligation under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. d. INFORMATION AND REPORTS: The Consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Local Agency, State highway department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations and instructions. Where any informa- tion required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, the State highway department, or the Federal Highway Administration as appropriate, and shall set forth what effort he has made to obtain the infor- mation. e. SANCTIONS FOR NONCOMPLIANCE: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Section II -3, the Local Agency shall impose such contract sanctions as it, the State highway department or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (1) withholding of payments to the Consultant under the contract until the Consultant complies and /or (2) cancellation, termination or suspension of the contract, in whole or in part. f. INCORPORATION OF PROVISIONS: The Consultant will include the provisions of Section II -3 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant will take such action with respect to any sub- contract, procurement, or lease as the Local Agency, the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor, supplier, or lessor as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Total 110.5% HERMAN KIMMEL AND ASSOCIATES Revised 10/25/72 SCHEDULE "A" BASIS FOR COSTS The following estimate serves as the basis for establishing Consultant's costs. SERVICES HOURS SALARY EXTENSION Principal Associate 60 $11.20 $ 672.00 Principal Engineer 110 10.40 1,056.00 Assistant Engineer 95 8.00 760.00 Draftsman 100 4.50 450.00 Stenographer 20 4.00 80.00 Total Salaries* $3,018.00 Overhead @ 110.5 % ** 3,334.89 Cost $6,352.89 Fixed Fee 952.92 Miscellaneous direct expenses 200.00 Total $7,505.82 CALL 7,500.00 *Hourly rates are based on annual salaries for 260 days and do not include payroll additives or overheads such as sick leave or vacations. * *Overhead based on previous annual operating expenses and projected expenses as listed below. OVERHEAD PERCENT OF DIRECT SALARY Accounting -------- - - - - -- 1.0% Auto Expenses ----- - - - - -- 17.5 Bad Debts --------- - - - - -- 6.8 Depreciation ------- - - - - -- 1.7 Dues, Subscriptions - - - - -- 1.3 Entertainment, Promotion - 7.2 Insurance --------- - - - - -- 4.6 Legal ------ ------- - -- - -- 3.4 Maintenance, Repair - - - - -- 1.0 Medical Plans ------ - - - - -- 5.0 Meetings, Conventions - - -- 2.3 Payroll Taxes ------ - - - - -- 14.8 Pensions ---------- - - - - -- 8.6 Publications ------- - - - - -- 0.5 Rent -------------- - - - - -- 11.0 Supplies ---------- - - - - -- 8.3 Taxes and Licenses - - - - - -- 3.2 Telephone --------- - - - - -- 4.8 Vacations, Sick Leave - -- 7.5 Total 110.5% HERMAN KIMMEL AND ASSOCIATES Revised 10/25/72 0 U CITY OF NEWPORT BEACH LOCAL AGENCY - CONSULTANT AGREEMENT SCHEDULE OF WORK COST BREAKDOWN HERMAN KIMMEL & ASSOCIATES 11/17/72 Duties of Engineer Percent of Work (Cost) (a) Preliminary Investigations 8% ($600) (b) Prepare Plans and Specifications 79% ($5,925) (c) Prepare Cost Estimate 3% ($225) (d) Coordinate Design Project 3% ($225) (e) Perform Revisions 5% ($375) (f) Check Construction Drawings 1% ($75) (g) Furnish P.S.E. 1% ($75) HERMAN KIMMEL & ASSOCIATES 11/17/72 0 u CERTIFICATION OF CITY OF NEWPORT BEACH I hereby certify that I am the Mayor of the City of Newport Beach and that the consulting firm Herman Kimmel and Associates or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carry- ing out this contract 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 organiza- tion, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): NONE I acknowledge that this certificate is to be furnished the Federal Highway Administration, U.S. Department of Transportation, in connec- tion with this contract involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Dated NOVEMBER 17, 1972 Zkogr. Donald A. McInnis Mayor CERTIFICATION OF CONSULTANT 0 I hereby certify that I am a partner and duly authorized representative of Herman Kimmel and Associates, with an office at 4242 Campus Drive, Newport Beach, California 92660, and that neither I nor the above refer- enced firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtain- ing this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with procuring or carrying out the contract: except as here expressly stated (if any): NONE I acknowledge that this certificate is to be furnished to the State Highway Department and to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date ANI, 17, `i i �� Herman Ki �/l'7410 � PROCEDURES FOR SELECTING THE ENGINEER The City of Newport Beach Public Works Department staff handles routine engineering relating to street, storm drain, sewer and water system design. Consulting engineers are retained by the city for the design of large or specialized projects such as the design of traffic signal installations. The qualifications and experience of a number of engineering firms have been reviewed by the Public Works Department. After due consideration of the firms in the area, Herman Kimmel and Associates was contacted and re- quested to submit a proposal for the design of the signal installations in this agreement. The proposal was acceptable and the Newport Beach City Council authorized the retention of this firm. The firm of Herman Kimmel and Associates is well qualified to provide the engineering services for this project and has sufficient staff capability to meet the time schedules demanded. JOSEPH J,. DEVLIN Public Wo ks Director r c \� by Don Webb Cooperative Projects Engineer TRAFFIC SIGNAL DESIGNS PERFORMED BY -HERMAN KIMMEL AND ASSOCIATES FOR THE CITY OF NEWPORT BEACH 1. Topics Project No. T -3041 (152) Status: Under construction Location: A. Bayside Drive- Marine Avenue- Jamboree Rd. B. Newport Center Drive- Newport Center Drive (E. & W.) C. Placentia Avenue - Superior Avenue Description: All signals are fully actuated with type 90 controllers. Location A has a traffic preemptor to indicate when the entrance to Balboa Island is blocked by congested traffic leaving the intersection. 2. Traffic Signal Installation at Hospital Road and Newport Boulevard (R+.S rp) 3. 4. 5. Status: Plans being reviewed by State. Description: Modernizing existing signal to accommodate widening of Hospital Road. New detection and controller to be installed. Al Installation - Balboa Boulevard - Superior Status: Plans being reviewed. Description: Coast Highway signal-being modernized to accommodate street widening on Balboa Boulevard, a new split phase and an interconnect to the new signal installation at 47th Street. Herman Kimmel & Associates were retained by the City's consultant responsible for the street widening design. . Status: Project completed and turned on June, 1971 Description: Two fully actuated signals using type 90 controllers. Traffic Siimal Installations at Balboa Boulevard -32nd Street "and at Status: Completed and turned on August 1971. Description: The Balboa Boulevard signal was a new fully actuated signal using a Type 90 controller. The Newport Boulevard signal was a modification of the existing signal to accommodate the widening of 32nd Street. Mr. Kimmel was retained by Shuirman- Simpson, Consulting Engineers for the design of the street widening. Traffic Signal Desig Page 2. U In addition to the above listed projects Mr. Kimmel has been retained by several developers of property in Newport Beach to design signal installa- tions and perform on site traffic studies. Herman Kimmel & Associates have performed exceptionally well on all contracts with the City; time schedules have been met; work has been thorough and neat. The projects which have been constructed have had few, if any, errors. All fees have been in line with the ASCE guides to consulting engineers. Attached is a resume prepared by Herman Kimmel & Associates covering exper- ience of the principals and activities of the firm. Don Webb 7 atifve 'ects Engineer Robert L. Jaffe Traffic Engineer DLW:hh October 25, 1972 Att. TRAFFIC ENGINEERING fierman CONSULTANTS Himmel and Associates (714) 546-9814 4242 CAMPUS DRIVE, SUITE E -6 NEWPORT BEACH, CALIF. 92660 Established in 1968, Herman Kimmel and Associates can provide you with consulting services in the field of traffic engineering. Herman Kimmel and Associate's highly trained and thoroughly experienced staff is available to provide assistance in all areas of traffic engineering, especially in the areas of traffic signal design and preparation of plans, traffic control systems, parking," operations and studies. The following are resumes of Herman Kimmel and his able associates IL William Dickson and R. Paul Grimm: Mr. Kimmel received his education at.U. C. L. A, with special traffic and transportation courses at U. C. Berkley. Has worked in the traffic and transportation field since January 1953 beginning with the California Division of Highways, District 7 office in Loa Angeles. For four years he was involved with the design of state highways and freeways. For eleven years he was with the Orange County Road Department. Nine years. as-the Traffic Engineer. Since formation of his consulting firm, Mr. Kimmel has conducted parking studies, master planning of highways for large proposed communities, traffic signal and highway lighting designs, traffic congestion studies, and industrial access studies. Mr. Kimmel is a member of the Institute of Traffic Engineers. * e Mr. Dickson graduated from Wisconsin State University of Platteville in 1965 with a Bachelor of Science degree in Civil Engineering. Has completed courses in Traffic Engineering at U. C. L. A. Mr. Dickson became a Registered Professional Engineer in the State of California in December 1969. 1 Mrr Dickson& employed by the 'Riverside Anty Rbad Department. He was first assigned to the Highway Design Section. He was next assigned to the Traffic Section where he served as Assistant Traffic Engincer-inDutiesithere consisted'of•the following:' p:- - 1 o,,: Supervising the - collection and calculation of all !r 1WI-ttaffic'data: U I1 i:2. :I Design :of alllraffit -signals; highway lighting, signing and channelization. ! . 3., i- Prepared written ,repd its Ion'accident'analysis. traffic analysis and signal systems. He is a member of the Institute of Traffic Engineers. Mr., Grimm has worked in the traffic signal field since February 1956, a total of over 16 years experience in traffic signal design, planning and operations with the Statd of.Califotnia Traffic Department in the Los Angeles.! Ventura,. and Orange Counties area. He has completed several courses in traffic control operation. The past four years has consisted of experience in the operations section of the State Traffic Department providing a thorough knowledge of function application and operation of all control equipment currently in use in this three county area. He is a member of the Institute of Traffic Engineers. M1 ' -Some typical projects Herman Kimmel & Associates have completed or are presently engaged in are: A. Traffic signal design and preparation of plans for the Cities of Huntington Beach, Laguna- Beach, Tustin, and many private developers. TOPICS signal plans for the Cities of_Seal Beach, Newport Beach and San Diego. B. . Parking and generation studies for The Irvine Company. C. Traffic Study (generation and distribution) for Rancho Ventura, a Kaiser Etna project. D. Traffic operations study of University of California at Irvine. E. An Inventory of Traffic Control Devices and have conducted a Traffic Sigriai Coordination study," as a project of the Highway Safety Act of 1966 for the City of Fullerton. r.. F. An Inventory of Traffic Control Devices Route studies, as a project of the Highw 1966 for the City of Inglewood (PSSI). G. Consultants to the University of Califor (Contract Agreement). H. Traffic signal coordination study for th e Road Department. October 24, 1972 nia at Irvine Orange County I. .. M '1 Lt « ra. November 13, 1972 TOPICS - Pngineering Services for Signal at Dover and 16th; Highland, 20th and Irvine; and Balboa and Palm Ehclos is a ed 6f subject agreement, ai if to si by/'�'C ' "ayor. ?'lease Xerox the n as for transmittal to the State for A. Plead rettan the fully executed original to us. .aura Lagios City Clerk LL:swk enc. 0 0 AGREEMENT FOR CONSULTING ENGINEERING SERVICES FOR PROPOSED TOPICS PROJECT (Design for Signalization of the Dover Drive - 16th Street; .Highland .Drive - 20th Street - Irvine Avenue; Balboa Boulevard -Palm Street Intersections) THIS AGREEMENT is made and entered into this 1st day of November 1972, by and between the CITY OF NEWPORT BEACH, a municipal corporation located at City Hall, 3300 Newport.Boulevard, Newport Beach, CA 92660 hereinafter referred to as "City" and HERMAN KIMMEL AND SSOCIATES, Traffic En ineering Consultants, located at 4242 Campus Dri e, Newport Beach, 92660 hereinafter referred to as "Engineer : RECITALS City prop es to signalize the Dover Drive -16th Street, Highland Drive- 0th Stree - Irvine Avenue, and Balboa Boulevard -Palm Street intersec- tions in the ity of Newport B nd desires to engage the services of Engi er, aid services to onsist f the design and preparation of plans and pe ifications, and he engine ring relating to them, for the proposed Sig ization of sai intersectio s. The City ouncil of t City of Newport Beach is authorized to engage the servi s of a prof sional or technical expert on a temporary basis for the p rformance o necessary services for and on behalf of the City; and EngineiT--l-s qualified to pre for the project and is wi:lling to perf reports, and specifications pursuan t the agreement. Iplans, reports, and specifications mm such services and to :;1 a plans, the terms and conditio state in 1. General City engage Engineer to furnish the specified for the compens tion herein stipulated perform such services upon said terms. .. - 1 -/ rvices hereina Engineer agro to 0 0 2. Duties of Engineer The Engineer shall: (a) Make necessary preliminary investigations, including discussions with all affected public agencies, public utility companies, equipment manufacturers and property owners of land adjacent to the inter- sections to be signalized.. (b) Prepare detailed plans and specifications for the proposed work suitable for the calling for competitive bids for the work and meeting the State and Federal requirements of the TOPICS program. The final plans shall be developed to meet the requirements and approval of the California State Division of Highways Standard Plan, Standard Specifications for Road and Bridge Construction, supplemental specifications, required special pro- visions and special provisions currently in force for the proposed work. The drawings shall conform to the standard procedures of the State of California, Division of Highways. the project. (c) Prepare a detailed estimate of the construction cost of (d) Coordinate all plans designs, and specifications and all phases of the work connected with the project, which are to be furnished or performed by the Engineer, with the City, the Division of Highways of the State of California (herein called "State "), the Federal Highway Administra- tion (herein called "FHWA ") and any other affected agencies, and attend meet- ings that may be called from time to time concerning the project. (e) Furnish to the appropriate persons and agencies any revisions or supplemental data needed by such persons or agencies during and throughout the submittal and submission to the State of any plans, specifica- tions, designs and estimates. The construction engineering responsibilities of the Engineer shall be that of rendering professional advice and consulta- tion as to the best means to satisfactorily accomplish said project and not that of direct control of any operations of said project. (f) In the event that it becomes necessary for the State, FHWA, or the City to make a special field inspection trip during the progress - 2 - 0 0 of the design or during construction, it shall be the duty of the Engineer to accompany the inspection party when requested. In addition, it shall be the duty of the Engineer to review special conditions that may arise during construction of the project. (g) Check any shop drawings or construction drawings that may be required during the construction of the project. (h) Furnish plans, special provisions, estimates, etc., to the State, FHWA, and the City as required for checking and processing. Furnish one set of original plans, special provisions and estimates to the City for contract reproduction. 3. Duties of City City agrees to provide Engineer with the following: (a) Existing City construction plans regarding street dimen- sions, underground structures, and related aspects which bear on the signaliza- tion work. (b) Any traffic count data which is necessary to the engineer- ing, including its own views regarding types, locations and phasing of the signals, and the types and locations of the sensors. (c) Linen sheet for preparation of plans. 4. Completion of Services Work provided for in this agreement shall not be started until approval is obtained from the State and FHWA unless said approval is not received by November 1, 1972. In the event approvals are not received by said date Engineer is to proceed with the design of the project. The Engineer shall complete the performance of its obligations under this agreement except for construction consultation, not later than 70 calendar days follow- ing the notification to proceed from the City, exclusive of time required for review of affected agencies, unless an extension of time is granted in writing by the City, and approved by the State and FHWA, which said extension of time, if any, shall be granted only for causes determined in the sole discretion of the City to be good and sufficient causes for such extension. -3 -. • • 5. Payment by City The City agrees to pay the Engineer, and the Engineer agrees to accept, as full consideration for the services rendered an amount not to exceed $7,500.00 on the basis of actual costs plus a fixed overhead payment as detailed in the attached "Schedule A Basis for Costs ". Monthly partial payments shall be based upon the amount earned in each month as determined by said "Schedule A ". 6. Engineers Records The Engineer shall maintain books, documents, papers, account- ing records and other evidence pertaining to the costs incurred and to make such material available at their office at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the State, the FHWA, or any authorized repre- sentatives of the Federal Government and copies thereof shall be furnished if requested. 7. Collusion 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 contract, 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 contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 8. Termination The right is reserved by the City to terminate the contract at any time upon written notice, in the event the-project is to be abandoned or indefinitely postponed, or in case the Engineer's services, in the judgment of the City, are unsatisfactory or because of the Engineer's failure to prosecute the work with diligence or within the time limits specified; or - 4 - 0 because of his disability or death is In any such case, the Engineer shall be paid the reasonable value of the services rendered up to the time of the termination on the basis of the payment provisions of this contract. If the services of the Engineer are terminated for fault on his part, the City may Procure the completion of the services or work in such manner as it deems best.and shall.charge.to the Engineer any excess cost over that provided for in the contract or any damages the City may sustain by reason of the default. 9. Property of City All documents including tracings,.drawings, estimates, reports, investigations, computations, and ideas shall be delivered to and become the Property of the City. 10. Compliance The Engineer shall comply with all Federal, State, and local laws, ordinances, and regulations applicable to the work (reference is made to Form H- 1C -51, a copy of which is attached hereto and marked Appendix A). The Engineer shall procure all licenses, permits, etc., necessary for the fulfillment of his obligations under this agreement. 11. Agency Employees The contract further provides that the Engineer shall not engage the services of any person or persons now in the employ of the State or City, for work covered by the terms of the contract without the written consent of the employers of such persons. 12. Modification of Agreement, No change in the character or extent of the work to be per- formed by.the Engineer shall be made except by supplemental agreement in writing between the City and the Engineer. The supplemental agreement shall set forth the changes of work, extension of time for preparation and adjustment of the fee to be paid by the City to the Engineer, if any. The provisions of this article are subject to prior approval of the State and FHWA. 13. Redesign Redesign or redrafting necessitated by conditions beyond the control of the Engineer, will be considered as extra work and will be _a - 5 - 0 basis for negotiation of additional fee. No claim for said additional work shall be made unless specifically authorized in writing by City. All con- troversies arising out of the work which cannot be settled by mutual agree- ment shall be resolved as provided in the January 1971, Standard Specifica- tions of the California Department of Public Works, Division of Highways, for the settlement of such disputes. 14. Records Access Duly authorized representatives of the State, City, and Federal Government shall have the right of access to the Engineers plans and files and records relating to the projects included in this agreement. 15. Assignment Engineer shall not assign, sublet or transfer this agreement, or any part thereof. The services to be performed under this agreement are personal and cannot be assigned, sublet or transferred. 16. Engineers Employees It is expressly understood that in the performance of the engineering services herein provided for, Engineer shall be, and is, an independent Engineer, and is not an agent or employee of City. Engineer has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation and discharge of all persons assisting Engineer in the performance of said engineering services hereunder. Engineer shall be solely responsible and save City harmless for all matters relating to the payments of his employees including compliance with social security, withholding and all other regula- tions governing such matters. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. APPROVED AS TO FORM: OFFICE OF CITY ATTORNEY By,' aa < CITY OF NEWPORT BEACH ATTEST City Cler< t1 FO - 6 - ATTEST FEDERAL HIGHWAY ADMINISTRATION HERMAN KIMMEL & ASSOCIATES, a California Corporation By Federal Highway Administration Partner . ATTEST APPROVED CALIFORNIA DIV.IS.ION OF HIGHWAYS Division Engineer City and County Liaison - 7 - • APPENDIX A 11 REQUIRED CONTRACT PROVISIONS ALL FEDERAL -AID CONSTRUCTION CONTRACTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant "), agrees as follows: a. COMPLIANCE WITH REGULATIONS: The Consultant will comply with the Regula -. tions of the, Department of Transportation relative to nondiscrimination -in Federally- assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. NONDISCRIMINATION: The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not dis- criminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate either directly or.indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. c. SOLICITATIONS: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of a lease or leases of equipment, each potential sub- contractor, supplier, or lessor shall be notified by the Consultant of the contractor's obligation under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. d. INFORMATION AND REPORTS: The Consultant will provide al.l information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Local Agency, State highway department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations and instructions. Where any informa- tion required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, the State highway department, or the Federal Highway Administration as appropriate, and shall set forth what effort he has made to obtain the infor- mation. e. SANCTIONS FOR NONCOMPLIANCE: In the event of'the Consultant's noncompliance with the nondiscrimination provisions of this Section II -3, the Local Agency shall impose such contract sanctions as it, the State highway department or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (1) withholding of payments to the Consultant under the contract until the Consultant complies and /or (2) cancellation, termination or suspension of the contract, in whole or in part. f. INCORPORATION OF PROVISIONS: The Consultant will include the provisions of Section II -3 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant will take such action with respect to any sub- contract, procurement, or lease as the Local Agency, the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that, in the event a Consultant becomes involved in, or is threatened with; litigation with a subcontractor, supplier, or lessor as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. FORM H -1C -51 0 0 Total Salaries* $3,018.00 Overhead @ 110.5 % ** 3,334.89 Cost $6,352.89 Profit @ 15% 952.92 Miscellaneous direct expenses 200.00 Total $7,505.82 CALL 7,500.00 *Hourly rates are based on annual salaries for 260 days and do not include payroll additives or overheads such as sick leave or vacations. * *Overhead based on previous annual operating expenses and projected expenses as listed below. OVERHEAD SCHEDULE "A" PERCENT OF DIRECT SALARY BASIS FOR COSTS Auto Expenses ----- - - - - -- The following estimate serves as the basis for establishing Consultant's costs. SERVICES HOURS SALARY EXTENSION Principal Associate 60 $11.20 $ 672.00 Principal Engineer 110 10.40 1,056.00 Assistant Engineer 95. 8.00 760.00 Draftsman 100 4.50 450.00 Stenographer 20 4.00 80.00 Total Salaries* $3,018.00 Overhead @ 110.5 % ** 3,334.89 Cost $6,352.89 Profit @ 15% 952.92 Miscellaneous direct expenses 200.00 Total $7,505.82 CALL 7,500.00 *Hourly rates are based on annual salaries for 260 days and do not include payroll additives or overheads such as sick leave or vacations. * *Overhead based on previous annual operating expenses and projected expenses as listed below. OVERHEAD PERCENT OF DIRECT SALARY Accounting -------- - - - - -- 1.0% Auto Expenses ----- - - - - -- 17.5 Bad Debts --------- - - - - -- 6.8 Depreciation ------- - - - - -- 1.7 Dues, Subscriptions - - - - -- 1.3 Entertainment, Promotion - 7.2 Insurance --------- - - - - -- 4.6 Legal ------------- - - - - -- 3.4 Maintenance, Repair - - - - -- 1.0 Medical Plans ------ - - - - -- 5.0 Meetings, Conventions - - -- 2.3 Payroll Taxes ------ - - - - -- 14.8 Pensions ---------- - - - - -- 8.6 Publications ------- - - - - -- 0.5 Rent -------------- - - - - -- 11.0 Supplies ---------- - - - - -- 8.3 Taxes and Licenses - - - - - -- 3.2 Telephone --------- - - - - -- 4.8 Vacations, Sick Leave - -- 7.5 Total 110.5% HERMAN KIMMEL AND ASSOCIATES Revised 10/25/72 • 0 CERTIFICATION OF CONSULTANT I. hereby certify that.I..am a. partner of Herman Kimmel .& Associates, which... address is 4242 Campus Drive, Newport Beach, California, 92660, and that I have not: (a) employed or retained for a commission, percentage, brokerage, contingent fee,.or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): NONE I acknowledge that this certificate is to be furnished to the State Highway Department and to the Federal Highway Administration, Department of Trans- portation, in connection with this contract involving participation of Federal - aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. s f � Date f 0 0 CERTIFICATION OF CITY OF NEWPORT BEACH I hereby certify that I am the Mayor of the City of Newport Beach and that the consulting firm of Herman Kimmel & Associates or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract 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 hereby expressly stated (if any): NONE I acknowledge that this certificate is to be furnished the Federal Highway Administration, Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. tIOV 101972 Date Mayor City of Newport Beach State of California 0 0 PROCEDURES FOR SELECTING THE ENGINEER The City of Newport Beach Public Works Department staff handles routine ..engineering relating -to street, storm.drain, sewer and water system design. Consulting engineers are retained by the city for the design of large or specialized projects such as the design of traffic signal installations. The qualifications and experience of a number of engineering firms have been reviewed by the Public Works Department. After due consideration of the firms in the area, Herman Kimmel and Associates was contacted and re- quested to submit a proposal for the design of the signal installations in this agreement. The proposal was acceptable and the Newport Beach City Council authorized the retention of this firm. The firm of Herman Kimmel and Associates is well qualified to provide the engineering services for this project and has sufficient staff capability to meet the time schedules demanded. OSEPHiT. \DEVLIN ublic Works Director by WJ Don Webb Cooperative Projects Engineer RESOLUTION NO. 7 9 4 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF.NEWPORT BEACH AND HERMAN KIMMEL AND ASSOCIATES ? FOR THE DESIGN OF THREE TRAFFIC SIGNALS, TO BE FINANCED THROUGH "TOPICS" PROGRAM WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain engineering services agreement between the City of Newport Beach and Herman Kimmel and Associates for the design .of three traffic signals, to be financed through the "TOPICS" program, at the following locations and A. Dover Drive and 16th Street; B. Irvine Avenue and Highland Drive; C. Balboa Boulevard and Palm Street; WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement for the engineering services above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 10th day of October,.1972. Mayor ATTEST: City Clerk dm 10/12/72