HomeMy WebLinkAboutCC RESO 10,211RESOLUTION NO. 10, 211
RESOLUTION. AUTHORIZING EXECUTION OF A CONSULTANT
AGREEMENT BETWEEN THE CITY OF NATIONAL. CITY AND GRUEN
ASSOCIATES INCORPORATED FOR THE PREPARATION OF AN
AREAWIDE TOPICS PLAN
BE IT RESOLVED by the City Council of the City of
National City that the Mayor and City Clerk are authorized to
execute and attest that certain Agreement for the preparation
of an areawide TOPICS plan between the City. of National City
and Gruen Associates Incorporated of Los Angeles.
PASSED AND ADOPTED this loth day of November, 1970.
ATTEST:
APPLICATION FOR FEDERAL PARTICIPATION IN THE PREPARATION
OF AN AREAWIDE TOPICS PLAN AND STUDY REPORT FOR THE CITY
- -.OF NATIONAL CITY, CALIFORNIA
Study. Area
1- The proposed areawide TOPICS analysis shall encompass the area
included within the City limits of the City of National City, California.
t1e� : Traffic factors and influences outside the City limits shall also be
considered as necessary to the evaluation of traffic flow and operations
within the .City.
Great reliance for needed traffic improvement must be placed on opera-
tional measures to increase traffic capacity and safety. The TOPICS
program offers a timely opportunity for undertaking needed traffic opera-
tions studies and implementing the resulting systematic program of
improvements on a comprehensive basis.
Conduct of Study
The City proposes to employ a consultant to conduct the TOPICS study
because the available. City staff is insufficient to carry out a study of the
magnitude required by the TOPICS program. In considering the selection
of consulting services, the City evaluated the experience and qualifications
of Gruen Associates as. compared with those of other consultants. The
experience record and expertise of their principal traffic engineering
staff members and their diversity of experience in traffic engineering
projects, plus the availability of a large technical back-up staff, were
the principal considerations in the City's selection of Gruen Associates
for conduct of the TOPICS study. The attached statement of the consul-
tant presents the qualifications of the Gruen Associates staff.
The proposed agreement between the City of National City and the Consultant
for professional services and a detailed proposal and plan of work are
attached. The maximum estimated cost of the study if $32, 000. The
length of time required for the study is 12 months. Of this period, the
initial three months will be largely involved with data gathering activities
by City staff, with the major work by the Consultant during thesubsequent
nine month period. A detailed cost analysis and work schedule are included
in the attachments.
The City intends to proceed with implementation of the improvement plan
developed by the TOPICS study and intends to enter into the necessary
agreement with the State and other agencies as required to effect coordi-
nation in planning and implementation. Attached is a map showing the
approximate area of the proposed study.
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Community Qualifications
-a oxder qualifyfor TOPICS continuing ncommunities
assistance, candidate
h
comprehensive trap por at on Planning
g
_arerequiredtotohave a
process under .way. National City meets this requirements through the
- continuing activity of the San Diego County Comprehensive la ive niPlanng
—Organization which is carrying out cooperative and comp
reh--,-transportation planning at a regional scale for San Diego County, including
::Stational City.
-The -TOPICS study will be carefully coordinated with other studies and
..improvement programs to assure compatibility with all related programs.
--The study plan and the Type II System will be coordinated with the programs
--4,f-adjacent communities to insure boundary condition compatibility and
--system consistency.
CONSULTANT'S AGREEMENT
PROJECT: TOPICS STUDY - CITY OF NATIONAL CITY
•
This Agreement, made this day of , 1970
by and between the City of National City, a. Municipal Corporation of the
State of California, located at 1243 National Avenue, National City,
California, (hereinafter referred to as CITY), and Gruen Associates
Incorporated, a corporation with an office at 6330 San Vicente Boulevard,
Los Angeles, California, 90048 (hereinafter referred to as CONSULTANT).
WITNESSETH: That the CITY and the CONSULTANT, for the
consideration hereinafter named, agree as follows:
ARTICLE 1. GENERAL DESCRIPTION OF WORK TO BE DONE
Engineering Services:
The CITY agrees to and hereby does retain and
employ the CONSULTANT to prepare an areawide TOPICS plan (herein-
after referred to as PROJECT) for the City of National City, California.
The PROJECT shall be conducted in accordance with Federal Highway
Administration PPM 21-18, (dated May 28, 1970, and as specified in
the attached Addendum (hereinafter referred to as PROPOSAL). The
results of the PROJECT will be presented in a report, as specified in
this Agreement.
. Right-of-way:
Right-of-way requirements, if required, shall be
determined only to the extent needed for estimating and explaining the
recommended traffic operation improvements. The CONSULTANT shall
not be required to perform land surveys nor computations with metes
and bounds nor furnish right-of-way plots.
•
Subsurface Investigations:
The CONSULTANT shall not be responsible for
making subsurface investigations.
d. All technical data in regard to the PROJECT whether
(a) existing in the office of the CITY, .o.r (b) existing in the office of the
CONSULTANT, shall be made available to the other party to this Agree-
ment without expense to such other party, as the case may be.
e. The progress of the CONSULTANT'S services
shall be monitored on a monthly basis by representatives of the CITY
and State. These monthly meetings may be held at a location mutually
agreed to by the two parties. At the option of the State with concurrence
by the Federal. Highway Administration, these meetings may be conducted
at less frequent intervals. Federal Highway Administration represen-
tatives may attend the meetings at their discretion.
f. The provisions of this Agreement do not require
the preparation of contract plans.
ARTICLE 2. STANDARD PRACTICES AND REQUIREMENTS
a. The CONSULTANT shall ascertain the • standard
practices of the affected agencies prior to beginning any of the work
of this PROJECT. All work required under this Agreement, if appli-
cable, shall be performed in accordance with these standard practices •
and the special requirements set forth in the PROPOSAL, which is
attached hereto and made a part hereof.
b. The CONSULTANT shall render all services
necessary to provide the CITY with development data and reports
more specifically described in such PROPOSAL.
c. The CONSULTANT shall pay all taxes, royalties,
and expenses incurred in connection with the services under this Agree-
ment, subject to the right of the CONSULTANT to be reimbursed therefor.
ARTICLE -3. DOCUMENTS FORMING THE CONTRACT
The contract documents shall be deemed to include
this Agreement, with accompanying PROPOSAL.
ARTICLE 4. APPROVAL OF THE CITY
All services performed by the CONSULTANT shall be
subject to the prior approval of the CITY. Such services shall be per-
formed in accordance with accepted professional practices.
ARTICLE 5. TERMINATION AND MODIFICATION
The CITY shall have the right to terminate this Agree-
ment for cause, and make settlement with the CONSULTANT upon an
. equitable basis. The provisions of this Article are subject to prior
approval of the State of California and the Federal Highway Administration.
ARTICLE .6. PROVISION FOR PAYMENT
a. As compensation for the performance of
CONSULTANT'S services hereunder, the CITY shall pay to CONSULTANT,
and CONSULTANT agrees to accept, an amount equal to the total of: (i) CON-
SULTANT ' S actual costs incurred in connection with the rendition
of its services hereunder, as defined in subparagraph (b) below; plus (ii)
a fixed fee of Three Thousand, One Hundred Dollars ($3, 100) to cover
CONSULTANT'S profit only. In no event shall the maximum amount
payable by the CITY to CONSULTANT hereunder exceed Thirty Thousand,
Six Hundred Dollars ($30, 600) which amount constitutes the total of: (i)
CONSULTANT'S estimated costs of Twenty-three Thousand, Eight Hundred
Dollars ($23, 800), (ii) CONSULTANT'S fixed fee of Three Thousand, One
Hundred Dollars ($3, 100), and (iii) a contingency reserve of Three Thousand,
Seven Hundred Dollars ($3, 700) to compensate the CONSULTANT for any
actual costs, to the extent that such actual costs may exceed CONSULTANT'S
cost estimates for the project.
b. For purposes of this Agreement the term "actual
costs" shall mean those direct and indirect costs incurred by the CONSUL-
TANT in connection with, or properly allocable to, the performance of -
CONSULTANT'S services under this agreement, which shall include the
following:
1.) Direct Salary Costs
CONSULTANT' shall be compensated for the
services of its technical personnel on the basis of actual
salaries paid to such personnel by the CONSULTANT for
the time such personnel are productively engaged in the
work necessary to fulfill the terms of this Agreement.
2.) Direct Non -Salary Costs
CONSULTANT shall be paid actual costs .of
travel expenses and subsistence where such expenses
are incurred in fulfilling the terms of this Agreement.
Transportation costs shall not exceed the cost of travel
by the most direct economical route; transportation by
private automobile shall be reimbursed at the rate of 10
per mile. Charges for computer rental and electronic
data processing services; and the cost of other material
and services as may be necessary to fulfill the terms of
this agreement, but which are not included as part of the
overhead, shall also be reimbursed to CONSULTANT at
cost. Such other material and services may include, but
shall not be limited to, report reproduction, purchase
of maps and telephone expenses.
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3.) Indirect Costs --Overhead
In addition to the costs described above, the
CITY shall pay CONSULTANT overhead costs to the
extent that they are properly allocable to the project.
These include payroll taxes and insurance; employee
benefits; rent, utilities and maintenance; secretarial,
accounting and miscellaneous payroll; legal, accounting
and insurance; telephone, printing, supplies and licenses;
general and administrative costs.
For purposes of partial payments, a provi-
sional overhead rate of 120% of direct technical salaries
shall be utilized to estimate overhead costs during the
performance of this agreement. The final percentage
rate to be applied will be determined through an audit
of both direct charges and overhead charges to be con-
ducted upon completion of this agreement.
c. Monthly progress payments shall be paid to CON-
SULTANT within thirty (30) days after receipt of invoices based on
:allowable actual costs incurred in the performance of this Agreement.
Payment on account of the fixed fee in subparagraph (a) shall be made
in installments, each such installment being an amount which bears the
-same proportion to the total amount of the fixed fee as the accompanying
_payment on account of allowable actual costs bears to CONSULTANT'S
-.estimated costs of project. After 90% of the total fixed fee shall have
been paid pursuant to the foregoing, further payment on account of the
fixed fee shall be withheld until completion of the Agreement.
d. Within thirty (30) days after acceptance of the
Final Report by the CITY, STATE and Federal Highway Administration,
the CITY shall pay to CONSULTANT. any balance of allowable actual
,costs, and any balance of the fixed fee, which has been withheld.
e. CONSULTANT shall maintain complete and
accurate records with respect to allowable actual costs incurred under
this Agreement. All such records shall be maintained on a generally
accepted accounting basis and shall be clearly identified and readily.
accessible. CONSULTANT shall provide free access to the represen-
tatives of the CITY or its appointees at all proper tunes to such books
and records, and the CITY shall have the right to examine and audit
the same for a period of three years from the date of final payment
under this agreement.
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ARTICLE 7. BEGINNING OF WORK
The CONSULTANT shall not begin work until the
executed contract has been approved by the State of California and
Federal Highway Administration, but shall begin work within 15 days
of receiving notice of such approval and authorization from the State
to proceed with the work. •
ARTICLE 8. TIME OF COMPLETION
The CONSULTANT agrees to complete the work
under the proposal of this Agreement within twelve (12) calendar
months after receiving notice of approval, or within such extended
periods as are agreed to by the CITY and the State of California.
It is estimated that the work to be done by the CITY will generally
occupy the first three month period. The major portionof the CON-
SULTANT'S work will be conducted during the subsequent nine month
period.
The CONSULTANT shall not be liable for any delay in
the performance of this Agreement which results without fault or negli-
gence on the part of the CONSULTANT and which is due to circumstances
beyond his control.
ARTICLE 9. PROPRIETARY RIGHTS
The CONSULTANT agrees that, if patentable discoveries
or inventions should result from work described herein, all rights accruing
from such discoveries or inventions shall be the sole property of the CON-
SULTANT. However, .the CONSULTANT agrees to and does hereby grant
to the CITY, all State highway departments, and the United States
Government an irrevocable, non-exclusive, non -transferable, and
royalty -free license, to practice each invention in the manufacture, use
and disposition, according to law, of any article or material, and in the
use of any method that may be developed as a part t of the work under this
contract.
•
ARTICLE 10. ENGINEERING LIABILITY
The CONSULTANT shall be responsible for all damages
to life and property due to negligent activities of the CONSULTANT, his
agents or employees, in connection with his services under this Agreement.
The CONSULTANT specifically agrees that his agents or employees shall
possess the experience, knowledge, and character necessary to qualify
•
them individually for the particular duties they perform. Further, it
is expressly understood that the CONSULTANT shall. indemnify and
save harmless the CITY from claims, suits, actions and damages
resulting from the negligent performance of the services of the
CONSULTANT under this Agreement. Negligent performance of
service, within the meaning of this Article, shall include, in addition
to negligen' e founded upon tort, negligence based upon the CONSULTANT'S
failure to meet professional standards and resulting in obvious or patent
errors in the progression of his work.
Nothing in this Article or in this Agreement shall
create or give to third parties any claim or right of action againstthe
CONSULTANT or the CITY beyond such as may legally exist irrespective
of this Article or this Agreement.
ARTICLE 11. DEATH OR DISABILITY OF THE CONSULTANT
- In case of the death or disability of one or more, but
not all the persons herein referred to as CONSULTANT, the rights
and duties of the CONSULTANT shall devolve upon the survivor or
survivors of them, who shall be obligated to perform the services re-
quired under this Agreement, and the CITY shall make all payments
due to him or them.
In case of the death or.disability of all the persons
. herein referred to as CONSULTANT, all data or records pertaining to
the PROJECT shall be delivered within sixty (60) days to the CITY or
its duly authorized. representatives. In the case of the failure of the
CONSULTANT, his successors or personal representatives, to make
such delivery on demand, then and in that event the representatives of.
the CONSULTANT shall be liable to the CITY for any damages it may
sustain by reason thereof. Upon the delivery of all such data to the CITY,
the CITY will pay to the representatives of the CONSULTANT all amounts
due the CONSULTANT, including retained percentages to the date of the
death of the last partner.
ARTICLE 12. SUB -CONTRACTORS
CONSULTANT will perform work with competent staff
under his direct supervision as represented in the proposal.
The CONSULTANT agrees not to sub -contract any
portion of the work required by this Agreement. 'For terms of this
Agreement, services, such as computer rental, report printing, aerial
photography, and reproduction, shall not be considered as sub -contracting.
ARTICLE 13. DISPOSITION OF PLANS, ESTIMATES AND OTHER DATA
The CONSULTANT agrees to maintain complete and
detailed records of all work performed, together with its findings and
conclusions relating thereto, which records shall be open at all times
to the inspection of the STATE, and the CITY and the Federal Highway
Administration through their designated representatives. All data
records compiled by the CONSULTANT shall become the property of
the CITY at the conclusion of the PROJECT.
ARTICLE 14. REPORTS
The Final Report of the PROJECT prepared by the
CONSULTANT will be the.Traffic Operations Improvement Plan for
the Study Area as specified in the PROPOSAL, an advance draft of
which shall be submitted not later than one month prior to the last day
of the contract. Upon approval by the CITY, State and Federal Highway
Administration, fifty (50) copies of the final report shall be.printed by
the CONSULTANT and turned over to the CITY. Five (5) copies of
supplemental. project sketch plans and support data will be furnished
to the CITY.
Publication rights to any document produced are
reserved to the CITY.
The CONSULTANT will prepare monthly progress
teports in letter form, submitting ten (10) copies of such reports.
ARTICLE -15. EXTRA WORK
If the CONSULTANT is of the opinion thatany work
he has been directed to perform by the CITY is beyond the scope of
this Agreement and constitutes Extra Work, he shall promptly notify the
CITY of that fact. In the event that it is determined that such -work does
constitute Extra Work, .a Supplement Agreement providing for compen-
sation for such Extra Work shall be issued by the CITY to the CONSUL-
TANT. Such Supplemental Agreement shall be executed by the CONSUL-
TANT and shall be submitted for approval by the necessary officials of
the CITY, the STATE and the Federal Highway Administration.
The scope of the PROJECT and study area boundaries
may be changed as mutually agreed by the CONSULTANT and the CITY
and approved by the State of California and the Federal Highway Admin
istration, subject to negotiation of a Supplemental Agreement between
the appropriate agencies covering such services.
Should there be a major reduction in the scope of the
":PROJECT, the fee provided in Article 6 shall be modified accordingly.
-,;;ARTICLE 16. RESPONSIBILITY OF THE CITY
- "The data and services as outlined below and as
-detailed in the PROPOSAL will be provided and performed by the
-._':CITY at no cost to the CONSULTANT.
a. `The -CITY will provide members of the CITY staff
vn a part-time basis to assist in carrying out the activities defined in
--the-PROPOSAL for CITY staff participation.
h. The CITY will make available to the CONSULTANT
--„all existing and historical data relating to traffic operations, accidents,
end citations for the Study Area that may be -in its possession and will
ussist the CONSULTANT in gaining access to certain data maintained by
- --,other agencies.
-:c. • -The CITY will arrange.to have traffic counts
made as required and specified by the CONSULTANT.
-.ARTICLE 17. COORDINATION REQUIREMENTS
-The TOPICS study shall be coordinated with any
»wegional transportation studies in the area and with any other studies
-and plans supplied by the CITY, including existing or planned transit
-.systems and existing or planned parking facilities, to insure proper
,interrelationship of affected elements of the transportation system.
The CONSULTANT will coordinate the study with the activities of Mass
Transportation agencies, both public and private, that operate in the
:CITY.
• -ARTICLE 18. STUDY NETWORK
The proposed areawide TOPICS analysis shall encom-
pass the area included within the CITY limits of the City of National City,
ratifornia.
•
The study shall be conducted on the following existing
CITY streets which will be defined as the TOPICS network.
a. Primary Type I --Conventional State highways
in the Federal. Aid Primary system.
b. Secondary --Conventional State highways and
local streets in the Federal Aid Secondary system.
c. Primary Type II --Conventional Streets, both
State highways and local facilities, which are not in any of the above
categories but fall into one of the categories listed below.
1.) Arterial highways which provide for direct
service of through traffic movement to and from
principal traffic generators. These would include all
routes which connect to the State freeways.
2.) Other major streets.
3.) Portions of the street grid in the downtown area.
4.) Streets in other areas having particularly
.heavy concentrations of traffic.
The CONSULTANT, using traffic counts and/or other
,traffic data, shall recommend to the CITY the Type II System portion of
the TOPICS network and shall conduct the remainder of the study thereon.
The arterial portion of the Select System will be used as a guide in estab-
lishing the recommended Type II System.
The Type II System, in conjunction with the Primary
Type I and Secondary systems, shall form a logical, connected network
of metropolitan areawide routes carrying the major portion of the traffic
in the area.
ARTICLE 19. ADDITIONAL PROVISIONS IN VIEW OF FEDERAL
PARTICIPATION IN FEE PAYMENT
In view of Federal Aid to defray part of the cost of the
services herein provided, the duly authorized representatives of the
STATE and Federal Highway Administration shall have the right to
inspect the work of such services whenever such representatives may
deem such inspection to be necessary, and all work shall conform with
Federal Highway Administration PPM 40-6 and other Federal requirements.
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The CONSULTANT warrants that he has not employed
.or retained any company or person, other than a bona fide employee
working solely for the CONSULTAN T, 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 other considerations,
-.:;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.
-7RRTICLE 20. COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964 FOR FEDERAL AID CONTRACTS
..During the performance of this contract, the CONSUL-
-TANT for itself, its assignees,and successors in interest agrees as
-- follows:
-a. Compliance with Regulations:
'The CONSULTANT will comply with the regulations
_of the Department of Transportation relative to non-discrimination in
:Federally -assisted programs of the Department of Commerce (Title 15,
-:Code of Federal Regulations, Part 8, hereinafter referred to as the
-:Regulations), which are herein incorporated by reference and made a
_apart of this contract.
b. Non-discrimination:.
the CONSULTANT, with regard to the work per -
?formed by .it after award and prior to completion of the contract work,
-swill not discriminate on the grounds of race, color, or national origin
.in the selection and retention of contractors, including procurements of
materials and leases of equipment. The CONSULTANT will not:partici-
-.pate either directly or indirectly in the discrimination prohibited by
-Section 8.4 of the Regulations, including employment practices when the
acontract covers a program set forth in Appendix A -II of the Regulations.
o. Solicitations for Service Contracts, Including
Procurements of Materials and Equipment
in all solicitations, either by competitive bidding
or negotiation made by the CONSULTANT, for work to be performed
ender a service contract, including procurement of materials or equipment,
each potential contractor or supplier shall be notified by the CONSULTANT
of the CONSULTANT'S obligations under this contract and the Regulations
relative to non-discrimination 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, or other sources of information, and its facilities as may be
determined by the CITY or the Federal Highway Administration to be per-
tinent to ascertain compliance with such Regulations, orders and instruc-
tions. Where any information 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 CITY, or the Federal Highway Admin-
istration, as appropriate, and shall set forth what efforts it has made to
obtain the information.
e. Sanctions for Noncompliance:
In the event of the CONSULTANT'S noncompliance
with the non-discrimination provisions of thiscontract, the CITY shall
impose such contract sanctions as it 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
paragraph (a) through (e) in every service contract, 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 service contract or procure-
ment as the CITY or the Federal. Highway Administration may direct
as a means of enforcing such provisions, including sanctions for. non-
compliance. Provided, however, that in the event the CONSULTANT
becomes involved in,. or is threatened with,litigation with a contractor or
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supplier as a result•of such direction, the CONSULTANT may request
• the CITY to enter into such litigation to protect the interests of the CITY,
and, in addition, the CONSULTANT may request the United States to
-enter into such litigation to protect the interests of the United States.
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_� ARTICLE 21. INDEPENDENT CONTRACTOR
-The CONSULTANT in accordance with his status as
-an independent contractor covenants and agrees that he will conduct
-himself consistent with such status, that he will neither hold himself
--out as nor claim to be an officer or employee of the CITY by reason
=-=hereof, and that he will not by reason hereof, make any claim, demand,.
-or application to or for any right or privilege applicable to an officer or
employee of the CITY including, but not limited to, workmen's compen-
-Nation coverage, unemployment insurance benefits, social security
coverage or retirement membership credit.
IN WITNESS WHEREOF: This Agreement has been executed by the
CITY, acting by and through the Mayor, who
has caused the seal of his office to be affixed
hereto, and the CONSULTANT has duly
executed this Agreement on the day and year
first abovwrjtte
.Attest: City Clerk
City of National City
C
• st
tn.
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4.4
•,\
BY.
Mayor
City of National City
GRUEN ASSOCIATES
BY
Approved as to Form:
Office of City Attorney
BY
CORPORATED
Approved:
CALIFORNIA DIVISION OF HIGHWAYS
BY
FEDERAL AID AND
CITY -COUNTY PROJECTS ENGINEER
Approved: Federal Highway Administration
BY
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-CERTIFICATION OF CITY OF NATIONAL CITY
hereby certify that I am the Mayor of the City of National City and
,:'than the above consulting firm or his repre^entative has not been.
required, directly or indirectly as an express or implied condition
=min connection with obtaining or carrying out this contract to
Aa)
employ or retain, or agree to employe 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
3-acknowledge that this certificate is to be furnished the Federal Highway
Administration, U. S. Department of Transportation, in connection with
---=phis contract involving participation of Federal -aid highway funds, and
--ix-subject to applicable State and Federal laws, both criminal and civil.
MATED: / /97l
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. CERTIFICATION OF CONSULTANT
I hereby certify that I am an officer and duly authorized representative
of Gruen Associates Incorporated, with an office at 6330 San Vicente
Boulevard, Los Angeles, California 90048, and that neither I nor the
above referenced Company 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 in 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
(c)
firm or person in connection with carrying out the
contract, or
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, contri-
bution, 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
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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 con-
tract involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
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ADDENDUM
CONSULTANT'S PROPOSAL AND PLAN OF WORK
TOPICS STUDY
The study will include the various functional tasks described herein.
1. Assemble and evaluate existing data and review
field conditions. ,
2. Determine tentative Type II Street system.
3. Define additional local data requirements and
arrange for collection of data
4. Assemble and analyze data collected.
5. Identify problem areas through accident histories,
volume/capacity analyses, congestion indicators,
etc.
6. Evaluate identified problem areas.
7. Review and revise Type II System if necessary.
Collect supplemental data if needed and perform
detailed analyses of problem areas.
9. Identify high accident incidence locations.
10. Identify volume/capacity overloads and causes of
congestion.
11. Determine applicable traffic operations improvements
for potential projects in 5 year TOPICS plan.
12. Prepare preliminary cost estimates for implementing
TOPICS improvements in`5 year plan. -
13. Develop improvement priority program.
14. Develop recommended 5 year traffic operations
improvement plan.
15. Review plan and program with City staff.
16. Develop a program for measuring the effectiveness
of improvements.
17. Prepare study report.
The various functional tasks are defined more explicitly below:
Review of Existing Data Base
An initial review of all available data will be made to determine its
applicability to the TOPICS study. The usable data will be assembled,
field conditions will be reviewed, and discussion held with City staff
to get an indication of trouble spots. Data to be reviewed will include,
but not be limited to the General Plan, Regional. Transportation Study
data, Division of Highways studies, available accident records, land
use and demographic surveys and reports, traffic count data, traffic
laws and ordinances, transit route maps and schedules, and capital
improvement programs.
Data Analyses
Additional data will be collected as required. The collected data will
be analyzed to identify basic problem areas and to develop a preliminary
quantification of problems. Standard tests, such as accident rate
analysis, volume/capacity comparisons, travel time and delay analyses,
etc., will be used to identify and document problem areas.
Develop Improvement Plans
•
Data will be analyzed to identify elements of observed problem areas
and the causes that are susceptible to correction by traffic engineering
techniques. Detailed analysis of problems and their causes will permit
development of solutions for problem areas. Sketch plans will be pre-
pared for proposed TOPICS improveme nts where these can illustrate
proposed channelization, signalization, realignments, widenings, and
other techniques to facilitate traffic movement and increase safety.
Project Benefit and Priority Analysis
The TOPICS plan will be developed on a priority basis to insure maximum
relief to traffic problems from each dollar invested on improvements.
Priority will be given to systemwide improvements to correct conditions
throughout an area. Priority scheduling will be based on combinations
of potential improvements that offer the best overall traffic itnprovemznt.
Traffic Operations Improvement Plan
The selected high priority improvements will be developed into a five
year Traffic Operations Improvement Plan. Priorities will be assigned
to each improvement based on need, as determined by accident experience,
delay and congestion analyses, volume/capacity analyses, and other
measures of deficiency.
:The improvement program will be based on the priorities so established
to the extent possible. The need for right-of-way, coordination of
"TOPICS projects, funds available, scheduling of major improvement
:_-projects, and other considerations will affect the proposed improve-
-anent program. The implementation schedule based on priority needs
-will specify the sequence of improvements for a five year period and
will be integrated with other City programs.
The types of improvements to be considered for implementation include
▪ .channelization of intersections, widening of traffic lanes, providing
-*_additional traffic lanes on approaches to signalized intersections, con-
:-.struction of grade separations where applicable, installation of control
--systems to make traffic signal operation responsive to traffic conditions,
-addition and upgrading of essential traffic control signs, pavement
:markings, signals and other devices to facilitate traffic movement and
: increase the safety of vehicular and pedestrian traffic, addition and/or
-_xpgrading of highway lighting Where required, modifications associated
- =4with restricting curb parking, short reconstruction or construction of
::highway sections to eliminate a jog in an otherwise continuous street or
to create route continuity, and all other kinds of traffic improvements
-,4hat will correct deficiencies and improve traffic operations. Also
▪ :included will be analyses and evaluations concerning applicable laws
---,arid ordinances, driver observance and traffic enforcement practices
--e4where-such recommendations may be appropriate to improve the over -
effectiveness of traffic circulation.
=Cost Estimates
--',Preliminary cost estimates of projects to be included in the five year
▪ improvement program will be preparedforbudgeting purposes.
niprovement Benefits
echniques for determining the benefits gained from implemented improve-
--=meats will also be developed to provide the City with the methodology for
m-eporting on the actual impact of TOPICS work. ,The TOPICS plan will
-Include recommendations for the Final FAP Type II Street System,
--together with the rationale behind system selection. The Type II System
-will be develope4 in cooperation with other affected agencies and cooi•di-
axated with the long-range transportation plan.
-5-
Final Report
The Final Report will provide the Traffic Operations Improvement Plan
for the Study Area. The report shall describe existing conditions, pro-
viding a summary of all data collected and analyses of that data.. Inven-
tory informa,ion will indicate the location _)f relevant data and their use.
Problem areas will be identified, including analyses of the problem and
proposed solutions. The Final Type II Street system will be illustrated,
indicating the methods by which the system was selected and justifying the
inclusion of this network in the Type II System, which shall be in accord
with PPM 21-18. A five year TOPICS improvement program will be pro-
posed, providing sketch plans to illustrate the proposed improvement
where applicable. Preliminary cost estimates will be prepared for traffic
' operation improvements for the purpose of developing a TOPICS improve-
ment budget. Priorities will be established for TOPICS improvements to
be included in the five year program based on relative need, using the •
various criteria enumerated. in PPM 21-18. The method of priority '
analyses will be based on accident incidence, congestion and capacity.
A program for implementation and evaluation will be recommended to
carry out the TOPICS five year improvement plan.
The report will also:
Define the limits of the study area and indicate the
time period covered by the .TOPICS Plan.
b. Discuss the status of the Continuing Comprehensive
Transportation Planning Process.
Describe methods used to identify capacity and safety
problems.
Discuss how the areawide TOPICS Plan is coordinated
with projects for the development or improvement of
mass transit, public transportation and fringe parking.
e. Discuss existing traffic laws and ordinances and
regulations relevant to the development and maintenance
of the full potential of the street network.
f. Discuss all traffic operations practices, authorized and
unauthorized, including on street parking, which influence
the capacity and safety of the street network.
g. Discuss existing highway access to airports.
h. Identify high volume streets and highways and
associated capacities.
1.
• System was selected.
:n.
Identify location and type of significant accidents.
Describe how the accompanying Primary Type II
•
Discuss the method of determining project priorities.
List potential TOPICS projects in order of priority for
- time period covered by report. Include TOPICS type
projects on State Highways, FAS Routes and the FAP
Type I and Type II System (excluding freeways). Provide
-cost estimates and sufficient traffic engineering data to
justify each project.
▪ Describe how the above programs are continuously
.-monitored and updated..
Discuss how and when the effectiveness of completed
- `TOPICS improvements will be evaluated.
DATA ANALYSES
The data to be collected and analyzed by the consultant will provide
traffic service measurements and accident rates or frequencies.
These analyses, combined with the information on existing and anti-
cipated traffic conditions., will provide data on street segments most
vital. to traffic movement, street segments or primary intersections
operating below satisfactory levels, and high accident locations.
Subsequent analysis will indicate those conditions subject to correc-
tion by TOPICS projects.
Physical features affecting traffic operations and safety in problem
areas will be inventoried, including name, route number, general
classification, on -street parking restrictions, location and type of
signal control, highway safety lighting, and all pertinent traffic opera-
tional characteristics that have an impact on traffic flow.
Traffic volumes for the TOPICS network will be determined, including
evaluation of peaking conditions. Volume/capacity analyses will identify
deficiencies. Travel timds and general operating speeds will be obtained
for major segments of the network to reflect peak and off-peak conditions.
Classification evaluations will be made where necessary. Accident rates,
laws and ordinances, traffic engineering administration and maintenance
procedures will be 'studied as they relate to traffic operations, street
capacity and safety, and proposals for improvement will be made,.
Detailed data will be collected to aid in developing problem solutions for
the five year TOPICS improvement plan to the extent necessary. These
will include turning movement counts, lane distribution counts, speed
and delay studies, stopped time delay studies, geometric layouts of
. street segments and intersections, location and type of traffic control
devices, analysis of parking conditions and practices, and all other
data considered relevant for the program.
•STUDY COORDINATION
The CONSULTANT will coordinate the various activities of the study
through a Project Manager and Assistant Project Manager. The CONSUL-
TANT has tentatively assigned Harold Marks as Project Manager,
and William A. Law, as Assistant Project. Manager.
The CONSULTANT shall closely coordinate his activities with affected
contiguous jurisdictions and with the affected agencies of the CITY, the
County, the State and the Federal Highway Administration.
W'WORK TO BE DONE BY CITY
• Traffic Data Compilation
1. Machine traffic counts.
_2. Accident record data.
-Maps to be Provided
1. -Available base maps, intersection and signal plans.
..2. -General plans of land use and circulation, and other available
atlrawing s .
•
"-The above work by the CITY will .generally be completed during the first
three month period, in accordance with a detailed schedule to be developed
--zwith the CONSULTANT. The City`s representative in the TOPICS program
will be Mr. Don Newberry.
-PROJECT SCHEDULE
'The tentative schedule for completing the project is illustrated in the
..: ollowing graph.
TIME SCHEDULE
. *Area TOPICS Study
f
TASK
Month
0 1 2 3 4 5 6 7 8 9 10 11 12
Data Review
Preliminary Type II System-
Data Collection and Analysis
Develop Improvement Plans
Cost Estimates and Analyses
. Traffic Operations Improvement Plan
Project Report. Review and Printing
•
.
..
-BASIS FOR ESTABLISHING CONSULTANT'S COSTS
SERVICES
Hourly Rate
-Staff Category Man Hours Current Range
-#
Project Director
':Project Coordinator
Senior Consultant
Consultant
Draftsman
-.`.Clerical and Field
-_Personnel
•;Category
140
290
290
-290
260
-.280
9.00-15. 00
8. 00-11. 00
6. 50- 8.50
5.00- 6. 50
3.00- 6.00
2.50- 4.50
.-EXPENSES
viileage (3500 miles at 104 per mile)
Computer Work
Communications
3teproduction Costs
. Materials and Supplies
�aateport Printing
'Total Expenses
Hourly Rate
Average
10.50
9.00
7. 50
5.50
4. 50
3.50
Sub -total
Overhead**
(120%)
Sub -total
Profit
: Sub -total
Contingency
Total
Services
Extension
$ 1,470
2, 610
2,180
1,590
1,170
980
10, 000
12, 000
22, 000
3, 100
25,100
3, 700
$28,800
Amount
$ 350
400
100
150 •
100
700
$ 1,800
Project Total
(CONSULTANT) $30, 600 ,
'The personnel assignments indicated' are based on CONSULTANT'S
preliminary estimates of personnel needs. If additional personnel
:become necessary, the wage rates will be in accord with the firm's
• standard hourly wage rate schedule.
' Theprovisions for payroll burden and overhead are consistent with the
CONSULTANT'S current government audited rates, as used on present
consulting contract with the California Division of Highways and the
Federal Highway Administration.
-11-
BASIS FOR ESTABLISHING CITY COSTS
- Staff Category
Engineer
Engineering Aid
Clerical Personnel
Category
SERVICES
Man Hours Hourly Rate
50
izo
50
EXPENSES
Mileage (500 miles at 104 per mile)
Reproduction Costs and Materials
7.00
4.00
3.00
Sub -total
Overhead.
Total
Services
Total
Expenses
Project Total (CITY)
Project Total
(CONSULTANT AND
CITY)
Extension
350
480
150
980
320
1, 300
Amount
50
50
100
$1, 400
$32, 000
-12-
COST ESTIMATES BY TASKS
'Me estimated proportionate costs for the various tasks is as follows:
:'.Task Percentage of Cost
Data review 5
, -:Preliminary Type II System 5
Y. -:Data Collection and Analysis 25
-... Develop Improvement Plans 25
. Cost Estimates and Analyses 15
:Traffic Operation Improvement Plan 20
"Project Report, Review and Printing 15
100%
• :4,13-
CONSULTANT'S QUALIFICATIONS
Gruen Associates/Traffic and Transportation maintains a full staff
of highly qualified traffic engineering specialists with an extensive
background in both public agencies and private consulting practice.
Four key staff members each have from 12 to , 22 years of professional
traffic engineering experience. They all hold professional engineering
licenses in several states and lecture at major universities on traffic
engineering subjects. The enclosed professional resumes provide the
detailed experience records of principal traffic engineering personnel.
These specialists are supported by a large engineering and technical
staff.
Gruen Associates personnel have had considerable experience in
conducting traffic surveys and in preparing TOPICS type improvement -
plans for both public agencies and private firms. Traffic project assign-
ments have been undertaken in more than 120 communities, of which the
major portion have been in California.
4/17
ALLEN M. RUBENSTEIN
POSITION:
BORN:
EDUCATION:
REGISTRATION:
PROFESSIONAL
ACTIVITY:
MEMBERSHIP:
EXPRIENCE:
Vice President
June"12, 1931, New York City
Batchelor of Engineering in Civic Engineering (Honors)
University of Southern California.
Certificate in Transportation, Yale University.
Professional Engineer, California, New York,
Illinois, Wisconsin.
Lecturer, University of Southern California.
Multi -disciplinary faculty, School of Planning &
Urban Design, University of California, Los Angeles.
Author & lecturer in transportation and planning.
Institute of Traffic Engineers.
American Society of Civil Engineers.
Highway Research Board.
Transportation Research Forum.
American Society of Planning Officials.
1957 Design
to Engineer
1960
1961 Associate
to & Traffic
1962 Engineer
1962 Head of
to Traffic
1967 Planning
•
Division of Highways, Sacramento,
California; Design and construction
of major structures on the freeway
system.
City of Richmond, California;
Supervision of circulation and
arterial planning, field studies
and traffic operations.
Gruen Associates, Los Angeles,
California; responsible for the
traffic and circulation for the
City General Plan Studies, the
arterial. planning of new cornmu-
nitites and the planning of the
transportation requirements of
downtown areas. Appointed
Associate 1966. Project Director
1968..
ALLEN M. RUBENSTEIN
Experience Continued:
1969 Vice • Gruen Associates, Los Angeles,
President California; responsible for
traffic, transportation planning
projects & multi -disciplinary
planning projects involving
transportation, planning and
urban design.
AWARDS: Transportation Advisor to the planning teams that
received the following awards:
1964 First Prize, Region 7. Shopping Center National
Design Competition, Department of Defense
American Institute of Architects.
1.966 Second Prize, Fremont, California Civic
Center National Competition.
1967 Finalist and Honorable Mention
Birmingham -Jefferson Civic Center National
Competition.
1969 First Prize, United Nations Vienna Headquarters
International Competition, Austrian Republic.
- HAROLD MARKS
`POSITION: Director, Traffic and Transportation
:BORN: ,January 13, 1920, New York, New York
_7nUCATION: Cooper Union Institute of Technology, New York
Bachelor of Civil Engineering, 1942
==;REGISTRATION: Licensed Professional Engineer - New York, 1946
Registered Civil Engineer - California, 1947
- 4EMBERSHIPS: Institute of Traffic Engineers
Highway Research Board
PROFESSIONAL Author of TrafficandTransportation Research
sACTIVITY: texts, numerous technical papers at professional
conferences, and published technical articles.
Lectures and speeches at various civic organiza-
tions, professional societies and colleges.
Lecturer, University of Southern California,
Graduate Program in City and Regional Planning,
and Instructor in "Transportation Engineering".
•
-MXPERIEN CE :
1942 Civil 'War Department, U.S.
to Engineer Engineers, Norfolk,
1943 . Virginia. Design of
access roads and defense
installations.
1943 Civil D. B. Steinman, Consulting
:to Engineer Engineers, New York, N.Y.,
1946 --Geometric design of express-
ways.
1947 • Traffic Harland Bartholomew &
Planner Associates, St. Louis, Mo.,
.Development of master plan
-for City of Beverly Hills.
.1947 .Traffic Richard Gallagher & Associates,
to Engineer Ventura, California. Traffic
1948. • Engineering and Traffic Planning
Consultant.
1
•
1948 Traffic
to Planning
1961 Engineer
1961
to
Present
Director,
Traffic and
Transporta>.
tion
Los Angeles County Road
Department, Direction of
County traffic planning
program. Coordination of
freeway planning and design.
Gruen Associates, Los Angeles,
California. Direction of
traffic engineering, trans
portation planning, traffic
design and research.
HAROLD MARKS
Experience Continued:
•
FREDERICK C. PEARSON
POSITION:
BORN:
EDUCATION:
REGISTRATION:
• - -:SIEMBERSHIP:
PROFESSIONAL
ACTIVITY:
-EXPERIENCE:..
Project Director - Traffic
December 2, 1934, New Milford, Connecticut
B. S. C. E. 1957, University of Connecticut
Graduate Study 1960-61, Yale University,
Bureau of Highway Traffic.
Graduate Study 1966-67, University of
California.
Civil Engineer, California, 1965
Civil Engineer, New Mexico, 1966
Institute of Traffic Engineers
American Society of Civil Engineers
Highway Research Board
Guest Lecturer, University of California,
School of Environmental Design.
Lecturer, University of Southern California,
Instructor in Traffic Engineering.
Technical presentations to public organiza-
tions and professional groups.
1957 Traffic
to Engineer
1960
Wilbur Smith & Associates,
New Haven, Connecticut;
Traffic control and traffic
engineering studies for
various communities.
.1961 Project Wilbur Smith & Associates,
to Director San Francisco, California;
1964 Direction and conduct of
transportation planning,
circulation, access, transit.
and parking studies.
1965 Project
Director
Wilbur Smith & Associates,
Skopje, Yugoslavia; Direction
of comprehensive area trans-
portation study.
FREDERICK C. PEARSON
Experience Continued:
1966 Principal Wilbur Smith & Associates,
to Associate San Francisco, California;
1967 Direction of comprehensive
transportation, traffic planning,
parking and airport traffic
studies; Manager of San
Francisco office - 1967.
1968 Project - Gruen Associates, Los Angeles,
to Director, California; Direction of traffic
Present Traffic engineering and transportation
planning projects.
WILLIAM A. LAW
POSITION: Project Director - Traffic
BORN: May 3, 1921, V‘..n Nuys, California
EDUCATION: B. S. C. E. 1948, University of Michigan.
Master of Engineering, 1960, University of
California at Los Angeles, Engineering
Executive Program.
REGISTRATION: . Civil Engineer, California, 1952
MEMBERSHIP: Institute of Traffic Engineers.
American Society of Civil Engineers.
American Public Works Association.
PROFESSIONAL Chairman, Los Angeles Area, Western Section,
ACTIVITY: Institute of Traffic Engineers, 1967-68.
Editor, WesterniTE, Publication of tin Western
Section,. Institute of Traffic Engineers, =1968-69.
Presentations - Streets and Highways Conference,
Institute of Traffic and Transportation Engineering.
Workshop on Urban Arterial Traffic Improvements,
San Diego, California.'
EXPERIENCE: 1948 Civil Los Angeles County Flood
to Engineer Control District. Design
1950 of flood control facilities.
1950 Civil Los Angeles County Road
to Engineer Department. Design of
1956 highway bridges.
.Direction of Subdivisions
section.
Departmental representative
on Regional Planning
Commission.
1956 Traffic Los Angeles County Road
to Engineer Department. Direction of
1969 County traffic operations
program.
1969 Project Gruen Associates, Los Angeles
to Director, California. Direction of traffic
Present Traffic. engineering and transt ortation
planning projects.