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
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PROPOSED. TRAFFIC,SIONAL..I'"STALLAT.ION
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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