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HomeMy WebLinkAboutCC RESO 15,731RESOLUTION NO. 15,731 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AUSTIN-FAUST ASSOCIATES FOR FURNISHING A CITY-WIDE TRAFFIC STUDY BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between Austin -Faust Associates and the City of National City for furnishing a city-wide traffic study in National City, a copy of which is attached hereto as Exhibit "A". 1988. PASSED and ADOPTED this 13th day of September, EORGE . WATERS, MAYOR ATTEST: eje IO CAMPBELL, T CLERK APPROVED AS TO FORM: GEORGE H. EISER, III CITY ATTORNEY AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AUSTIN-FAUST ASSOCIATES, INC. THIS AGREEMENT is entered into this day of 19 , by and between the CITY OF NATIONAL CITY, a public body (the "CITY"), and AUSTIN-FAUST ASSOCIATES, INC. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to furnish CITY WIDE TRAFFIC STUDY and WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFtRE, THE PARTIES HERETO DO MUTUALLY AGREE AS FC3LLOWS• I. EMPLOYMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth, in accordance with all terms and conditions contained herein. The CONSULTANT represents that all professional services required hereunder will be performed directly by the CONSULTANT, or under direct supervision of the CONSULTANT. II. SCOPE OF SERVICES. THE CONSULTANT will perform services as set forth in the attached Exhibit "A" (Scope of Work). Work to be done by others is set forth in the attached Exhibit "B". consultant services requiring court appearances are not considered a part of the normal work subject to canpensation and payment listed in Section IV. EXHIBIT "A" Rev. 8/15/88 -1- The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff, Planning Camnission and City Council advised of the progress on the project. III. PROJECT COORDINATION AND SUPERVISION. The City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director, to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. JOE E. FAUST, P.E. hereby is designated as the Project Director for the CONSULTANT. IV. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall be paid for at the rates given in Exhibit "D" with the total cost not to exceed $74,000 without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the Exhibit "A" (Scope of Work) as determined by the CITY. V. LENGTH OF CONTRACT. Canpletion dates or time durations for specific portions of the project are set forth in Exhibit "C". The contract between the CONSULTANT and the CITY will be terminated upon completion of the work as set forth in Exhibit "A". Rev. 8/15/88 -2- VI. DISPOSITION OF PLANS, ESTIMATES AND OIL DOCUMENTS. CONSULTANT agrees that all original drawings, reports, field and office notes, calculations, maps and other documents, shall be turned over to the CITY prior to the completion of the PROJECT. VII. INDEPENDENT CONSULTANT: Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. CONSULTANT is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including but not limited to medical., unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of CONSULTANT and CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by CONSULTANT without the prior written consent of the CITY ENGINEER. Nothing herein contained is intended to prevent CONSULTANT from employing or hiring as many employees as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. VIII. CONTROL Neither CITY nor officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employee's except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT'S agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to CITY wholly independent CONSULTANTS and that the CONSULTANT'S obligations to CITY are solely such as are prescribed by this Agreement. Rev. 8/15/88 -3- IX. CO[PLIANCE WITH APPLICABLE LAW: CONSULTANT, in the performance of the services to be provided herein, shall comply with all statutes, State or Federal, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. X. STANDARD PROVISIa S. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to insure that applicants are employed without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of oanpensaticn, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this nondiscrimination clause. The CITY nay terminate this Agreement at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. The CONSULTANT may terminate this Agreement, with the mutual consent of the CITY, at any time by giving written notice of same and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT shall be paid for all effort and material expended on behalf of the CITY under the terms of this Agreement, up to the effective date of termination. In the event of litigation over the performance of this Agreement, the prevailing party shall be entitled to attorney's fees and costs incurred during the course of litigation. XI. INDEMNIFICATION, DEFENSE, SE, HOLD HARMLESS CONSULTANT hereby agrees to defend, indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with CONSULTANT'S performance of this agreement (including, but not limited to such liability, cost, damage, loss, claim, or expense arising from the death or injury to an agent or employee of CONSULTANT, subcontractor, or of CITY; or damage to the property of CONSULTANT, subcontractor, or of CITY, or of any agent or employee of CONSULTANT, subcontractor, or of CITY), except where such liability, damages, costs, losses, claims or expense are caused solely by the negligent or wrongful acts of CITY or any of its agents or employees including negligent omission or commissions of CITY, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. XII. CTHER CONSIDERATION. Nothing contained herein shall prevent CONSULTANT from carrying on its usual business, including the performance of other additional services for the CITY, should the CITY desire additional services, nor fran performing similar services for other agencies, cities, districts or public or private entities. XIII. CONTENT. This Agreement sets forth the entire understanding of the parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. XIV. NOTIC S. All carmunicatiais to either party by the other party shall be deemed made when received by such party at its respective name and address, as follows: XV. A/E shall provide proof to the City that the Company has the following miminum insurance coverage. a. General Liability $300,000.00 b. Worker's Compensation - State Requirements c. Errors and Omissions $100,000.00 ,. r Inn City Engineer City of National City 1243 National City Boulevard National City, Ca 92050 Consultant Name Address IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Agreement as of the date first written above. CITY CF NATIONAL CITY CONSULTANTS NAME BY: MAYOR MCNGE WATII2S Ar i': BY: IONE CAMPBE LL, CITY CLERK BY: Rev. 8/15/88 -6- EXHIBIT A SCOPE OF VE K TASKS 1. Intersection traffic counts are to be provided at all signalized intersections and at locations to be signalized (70 total). 120 minute counts will be provided during a.m. and p.m. hours as a minimum. 2. An inventory is to be conducted of traffic control devices on all arterials and collectors streets, including all traffic signals. Traffic signal data shall include existing equipment, and signal timing. This information shall be summarized an a Computer Data Base and on a City map. 3. Travel time and delay studies will be performed for arterial and collector streets using the floating car technique. 4. Division/4th Street, Plaza Boulevard/8th Street, National City Boulevard/Hoover Avenue and other likely streets are to be evaluated for the possibility of one-way operation. 5. Provide a) Basic Auto Cad Software as needed to plot output from the Transportation Model. b) The TModel 2 Graphics package c) A 16" VGA Color Monitor and Video Card to work with the TM del 2 Graphics package 6. Aerial photographs and reproducible mylars at a scale of 1%20' are to be provided for the 70 intersections with existing traffic signals, or those intersections which are proposed to be signalized. 7. AFA is to provide a small area traffic model for National City. The model is to be the incremental type, forecasting the changes in traffic patterns caused by changes in land use. The model will have the capability of predicting intersection v/c ratios (using ICU'S) and produce a number of plots including a City wide ADT map. The model is to be based on existing turning movement volumes for the base case, and generate, distribute, and assign incremental trips for changes in land use and/or the highway network. 8. Recommended street cross -sections shall be furnished. The intent is to have flexible street widths that can be restriped for additional lanes as needed --without wasting a portion of the roadway. 9. A prioritized list of recommended improvements with preliminary cost estimates and benefit/cost ratios for each improvement (e.g. left turn lanes anti/or separate phasing, right -turn only's two-way left - turn, etc.) is to be provided. EXHIBIT B WIRE TO BE DONE BY OTHERS Aerials are to be furnished by Inland Aerial Surveys of Riverside, California. EXHIBIT C PROTECT SCHEDULE Week 1 Meet with City staff to discuss study details and agreement Week 4 Deliver Task 5 Itens to the Engineering Department Week 8 Present preliminary findings (3-4 page report) and agree on further work to be done. Week 12 Submittal of Data Base to date. Week 16 Status update. Week 21 Submittal of draft Report Week 26 Submittal of Final Report and completed Data Base EXHIBIT D RATES Staff Person Hourly Rate Principal $80.00 Design Engineer 60.00 System Analyst 55.00 Senior Technician 40.00 Transportation Planning Assistant 40.00 Assistant Transportation Engineer 40.00 Data Analyst 40.00 Traffic Technician 30.00 Clerical 30.00