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HomeMy WebLinkAboutC-1539(D) - Engineering Services; Design of Traffic Signal Installation of Irvine Avenue at Dover Drive-19th Street intersection! ! CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE December 21, 1973 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C1539E2 Description of Contract Engineering agreement for traffic signal .ver Drlive/19thlirvIne Authorized by Resolution No. none , adopted on Manager authorized Effective date of Contract December 19, 1973 Contract with Eierman Kimmel and Associates Address 4242 Campus Drive Newport Beach, "A 92660 Amount of Contract 12,300. "0 ity elm , AGREEME14T FOR ENGINEERING SERVICES (Design of Traffic Signal Installa- tion on Irvine Avenue at its intersection with Dover Drive, 19th Street) THIS AGREEMENT is made and entered into this 4.` 7-11 day of ^ n E1/3 1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and HERMAN KIHfIEL and ASSOCIATES, Inc., Traffic Engineering Consultants, herein- after referred to as "ENGINEER "; WITNESSETH WHEREAS, CITY intends to construct traffic signals on Irvine Avenue at its intersection with Dover Drive -19th Street; and WHEREAS, engineering services are necessary to design and prepare plans and specifications for said traffic signal installation; and WHEREAS, ENGINEER has submitted a proposal to CITY to design and prepare plans and specifications for the proposed traffic signals which proposal CITY desires to accept; NOW, THEREFORE, IN CONSIDERATION of these premises, the parties hereto agree as follows: 1. GENERAL A. CITY engages ENGINEER to perform the services hereinafter described for the compensation herein stated. B. ENGINEER agrees to perform said services upon the terms hereinafter set forth. 2. SERVICES TO BE PERFORMED BY ENGINEER A. Make necessary preliminary investigations, including discussions with all public utility companies and equipment manufacturers. B. Prepare detailed plans and specifications for the proposed work suitable for the calling for competi- tive bids for the work. -1- C. Prepare final cost estimate for the signalization of each intersection. D. Review any required shop drawings. E. Provide consultation as necessary during construction. 3. DUTIES OF CITY CITY hereby agrees to supply ENGINEER, with the following information and material: A. Consultation and traffic counts, as needed, to accomplish the project. B. Standards sheets for preparation of plans. C. Proposed reconstruction plans for intersection. 4. OWNERSHIP OF PROJECT DOCUIJENTS Original drawings, reports, notes, maps, and other documents shall become the property of the CITY and may be re- produced as deemed necessary by the Public Works Director. 5. "RIGHT OF TERMINATION CITY reserves the right to terminate this agreement at any time by giving ENGINEER three (3) days' prior written notice; notice shall be deemed served upon deposit in the United States mail, postage prepaid, addressed to any of ENGINEER'S business offices. In the event of termination due to fault of ENGINEER, CITY shall be relieved of any obligation to compensate ENGINEER,. If this Agreement is terminated for any reason other than fault of ENGINEER„ CITY agrees to compensate ENGINEER for the actual services performed up to the effective date of the notice of termination, on the basis of the fee schedule contained herein. 6. COMPLETION OF WORK ENGINEER agrees to complete the plans and specifi- cations for the project within 45 calendar days after execution of this agreement. 7. FEE SCHEDULE AND PAYMENT A. In consideration of the performance of the above -2- i 9 described engineering services, CITY hereby agrees to pay ENGINEER a fixed fee of Two Thousand Three Hundred Dollars ($2300,00.). a. Monthly partial payments shall be based on the amount earned in each.month, as determined by the fee schedule. The sum of the monthly partial payments shall not exceed ninety percent (90%) of the maximum fee. b. Balance of the total amount earned to be paid upon acceptance, by the City Council, of the construction work on the traffic signals, but, in any event, it shall be paid not later than twelve (12) months after signing of the plans by the Public Works Director. 8. AMENDMENTS The scope of the services to be furnished by ENGINEER may be changed and the maximum fee revised upon prior written approval of the Public Works Director if the increase in the maximum fee does not exceed $400.00. If revisions to the scope of the services would result in an increase in the maximum fee exceeding $400.00, an amendment to this Agreement providing for such revisions shall be processed and executed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. APPROVED AS TO FORM: Assistant City Attorney CITY OF NEWPORT BEACH ity Manager ATTEST: City Clerk, T CITY HERMAN KIMMEL AND ASSOCIATES, INC. By �4mwn ENGINEER -3-