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HomeMy WebLinkAboutCC RESO 91-23RESOLUTION NO. 91-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH HERMAN KIMMEL AND ASSOCIATES FOR THE PREPARATION OF PLANS, SPECIFICATIONS AND COST ESTIMATE FOR TRAFFIC SIGNALS AT FIVE LOCATIONS IN NATIONAL CITY BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to enter into an agreement with Herman Kimmel and Associates for the preparation of plans, specifications and cost estimate for traffic signals at five locations in National City. Said agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 19th day of February, 1991. '.�oar er LLice _ George H. aters, Mayor ATTEST: Lo i Anne Peoples, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1991 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HERMAN KIMMEL AND ASSOCIATES THIS AGREEMENT is entered into this 2Othday of February , , by and between the CITY OF NATIONAL CITY, a municipal corporation (the "City"), and HERMAN KIMMEL AND ASSOCIATES , (the "CONSUL- TANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to Prepare traffic signal plans , and, WHEREAS, the CITY has determined that the CONSULTANT is a Qualified Engineering Firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. 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. Revised: 2/11/91 The CONSULTANT represents that all professional services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A" (Scope of Work). 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 and City Council advised of the progress on the project. 3. PROJECT COORDINATION AND SUPERVISION. EDGAR MONROY is hereby 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. LEW GLUESING hereby is designated as the Project Director for the CONSULTANT. 4. 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 not exceed the schedule given in Exhibit "B" 2 (Schedule of Compensation) 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" the CITY. (Scope of Work) as determined by 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C" (Schedule of Completion). 6. DISPOSITION OF PLANS. SPECIFICATIONS. The Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project shall become the property of the CITY for use solely with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, contemplated by this Agreement. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONSULTANT is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the 3 parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its 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 the CITY wholly independent contractors and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. The CONSULTANT, and its subcontractors, shall obtain a current City of National City business license prior to performing any work within the City. 4 10. STANDARD PROVISIONS. The CONSULTANT will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take affirmative action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, marital status, national origin, physical handicap, or medical condition. 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 compensation, and selection for training, including apprentice:hip. 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 non-discrimination clause. The CITY may 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 this Agreement is terminated by the CITY as provided herein, the CONSULTANT shall be paid for all effort and material expended on behalf of the 5 CITY under the terms of this Agreement, up to the effective date of termina- tion. 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. 11. HOLD HARMLESS. The CONSULTANT agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 12. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or 6 volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 13. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: a. Professional liability insurance with minimum limits of $1,000,000 per occurrence. b. Automobile insurance covering all bodily injury and property liability incurred during the performance of this Agreement, with a minimum coverage of $500,000 combined single limit per accident. Such automobile insurance shall include non - owned vehicles. c. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. d. Workers' compensation insurance covering all of its employ- ees and volunteers. e. The aforesaid policies shall constitute primary insurance as to CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any 7 loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancella- tion or material change. f. Said policies, except for the professional liability and worker's compensation policies, shall name CITY and its officers, agents and employees as additional insureds. g. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. h. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. Any aggregate insurance limits must apply solely to this Agreement. 14. OTHER CONSIDERATION. Nothing contained herein shall prevent the CONSULTANT from carrying on its usual business, including the performance of other additional services for the CITY, should the CITY desire additional services, nor from performing similar services for other agen- cies,cities, districts or public or private entities. 15. CONTENT. This Agreement sets forth the entire understand- ing 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. 16. NOTICES. All communications to either party by the other party shall be deemed made when received by such party at its respective name and address as follows: O City of/National City 1243 National City Blvd. National City, CA 91950 9 Herman Kimmel & Associates (Consultant Name) 3661 Spruce Street Newport Beach, CA 92660 (Address) (714) 852-8616 (Phone No.) (714) 852-8857 (FAX No.) (City of National City Business License No.) IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Agreement as of the date first written above. CITY OF NATIONAL CITY BY F.�C•� George H. waters, Mayor APPROVED AS TO FORM: By /�, � George H. Eiser, III City Attorney CON ULTANT By 10 SCOPE OF SERVICES Based on the City of National City Request for Proposal, HKA has identified the following tasks related to the Project: Attend two (2) project coordination meetings with City of National City staff. For budgeting purposes 8 manhours have been allocated for this task. Additional meeting attendance beyond this time will be completed on an hourly basis for an additional fee. II. Perform data collection and field review of existing topography and above ground conditions at each Project site. Solicit underground utility information, and probable electric service location for the new traffic signal. III. Prepare plans, specifications, and probable construction cost estimate (P.S. & E.) for design of the new traffic signal at Fourth Street @ Palm Avenue. IV. Prepare plans, specifications, and probable construction cost estimates (P.S. & E.) for modification of traffic signals on Division Street @ Palm Avenue, Highland Avenue @ 16th Street, Highland Avenue @ 18th Street, and Highland Avenue @ Fedco Driveway. MANHOUR ALLOCATION BY TASK Project Project Project Design Drafting/ Task Principal Director Manager Engineer Engineer Field Clerical Total I 8 8 II 4 8 18 2 32 III 1 2 3 4 14 30 2 56 IV 1 2 9 16 49 96 6 179 TOTAL 2 4 20 24 71 144 10 275 EXHIEIT "A" SCF'EDULE OF COMPLETION TRAFFIC SIGNAL DESIGN PROJECT PALM AVENUE @ 4TH STREET DIVISION STREET @ PALM AVENUE 16TH STREET @ HIGHLAND AVENUE 18TH STREET @ HIGHLAND AVENUE HIGHLAND AVENUE @ FEDCO DRIVEWAY Herman Kimmel and Associates' fee for the work outlined in the "Scope of Services" is as follows: I. Meeting Attendance (8 Hrs. C $85/Hr.) $ 680.00 II. Data Collection and Field Review 1,838.00 III. Prepare New Traffic Signal P.S. & E. 3,440.00 IV. Prepare Modified Traffic Signal PS&E 10 731.00 Subtotal $16,689.00 Reimbursable Expenses 600.00 Total "Not -to -Exceed" $17,289.00 A fixed fee of $16,689.00, plus a budget amount of $600.00 for the direct cost of reimbursable expenses. EXHIPIT "E" SCHEDULE OF COMPENSATION CITY OF N _NAL CITY Project Schedule Tasks WEEKLY PROGRESS FLOW CHART 1 2 3 4 5 6 7 8 9 10 11 12 13 I. Preliminary Project Meeting A II. Data Collection III. P.S. & E. Preparation Submittal of Preliminary P.S. & E. A Review of Preliminary P.S. & E. by Cities of National City & San Diego Final Engineering Design & Drafting Final PS & E Submittal A EXHIFIT "C" - SCHEDULE OF COMPLETION *ben ellek, Wilk m %b.t atJ4I.Oci.M 2-91 JN 27457-M1435