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HomeMy WebLinkAboutCC AG PKT 2007-07-23 #Q e AGENDA REPORT DATE: July 23, 2007 TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Mark K. Vukojevic, Director of Public Works/City Engineer -SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT - ON CALL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES SUMMARY OF REOUEST: e The proposed action will execute an on-call professional services agreement to retain Albert Grover & Associates (AGA) to perform on-call transportation and traffic engineering services. DISCUSSION: The City's Capital Improvement Program has identified many high priority projects. Implementation of projects such as the future Seal Beach Blvd/40S Overcrossing and the Seal Beach Blvd/Westminster Ave Signal. Coordination require that a highly qualified engineering firm be retained with expertise specifically in the design of transportation, traffic, and street facilities. This contract will enter the City into an agreement with Albert Grover and Associates Inc., (AGA) to perform design and engineering services on an "on-call" basis. Contracted professional services benefits the City by augmenting the services currently provided by the Department of Public Works and enabling City staff to focus on core Project Management and Public WorkslEngineering needs. e Historically, the Public Works Department entered into professional services agreements with consulting civil engineering firms for general and specific engineering support of the Department and the Capital Improvement Program. The long term agreements have benefited the City by maintaining expert resources on-call on an as needed basis. These resources have come highly qualified and recommended from other agencies. The firms become very familiar with the City's unique infrastructure that results in cost savings because of reduced learning curves. The process also saves liIdministrative costs for preparing and evaluating requests for qualifications and proposals for every project. AGENDA ITEM.-a e To date, the City has retained individual on-call contracts for Public Works, utilities engineering, project management, construction management, tIaflic engineering, street and highway engineering, coastal engineering, and facilities engineering. Prior to starting any work, the consultant will submit a detailed task order scope, schedule, and overall project estimate as well as a ''not to exceed" cost. No work begins until evaluation and written approval by the Director of Public Works. As needed, the Deparbnent prepares and invites other firms to propose on projects. AGA has conducted signal coordination inspection work on Seal Beach Blvd, north of the 1- 405 freeway, and has performed at an exceptional level. They also come highly recommended from various other public agencies and have been providing similar services to the City of La Habra, Fullerton, Montclair, Loma Linda, and San Bernadino County. FISCAL IMPACT: Funds are available in the Capital Improvement Program as allocated by the specific projects. The majority of these come from Federal and State Grants, Measure M, and Gas Tax. Additionally, any work that is part of any development will be charged back to the developer. No work will be performed unless adequate funding is available in the project budget. e RECOMMENDATION: It is ended that the City Council authorize the City Manager to execute a professi se agreement with Albert Grover & Associates to perform on-call transportli on d c engineering services. Concur: Sean Crumby Deputy City Engineer Concur: NOTED AND APPROVED: ?I/rJ~ . Mark K. Vukojevic Director of Public Works/City Engineer c:>-Y -- ) David N. Carmany City Manager e Attachments: Resolution approving the Agreement Proposed Professional Services Agreement AGENDAITEM~ e RESOLUTION N1JMBER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND ALBERT GROVER & ASSOCIATES FOR ON.CALL TRANSPORTA nON AND TRAFFIC ENGINEERING SERVICES The City Council of the City of Seal Beach hereby resolves as follows: SECTION 1. The City Council hereby approves the Professional Services Agreement between the City of Seal Beach and Albert Grover & Associates for on-<:al1 transportation and traffic engineering services, SECTION 2, The Council hereby directs the City Manager to execute the Professional Services Agreement with Albert Grover & Associates, PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 23rd day of Julv , 2007 by the following vote: AYES: COUNCILMEMBERS NOES: COUNClLMEMBERS ABSENT: COUNClLMEMBERS ABSTAIN: COUNClLMEMBERS e Mayor A TrEST: City Clerk STAlEOFCALJFORNIA I COUNTY OF ORANGE } SS CITY OF SEAL BEACH I I, Unda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that the foregoing resolutions is the original copy of Resolution Number_ on file in the office of the City Clerk, passed, approved and adopted by the City COUDCII of the City of Seal Beach at a regular meeting hereof held on the 23rd day of Julv , 2007. City Clerk e e e e PROFESSIONAL SERVICES AGREEMENT FOR TRANSPORTATION AND TRAFFIC ENG~ER]NGSERVICES between G City of Seal Beach 211 8111 Street Seal Beach, CA 90740 & Albert Grover & Associates 211 E. Imperial Highway, Suite 208 Fullerton, CA 92835 THIS AGREEMENT is made and entered into this 13th day of August 2007, by and between the City of Seal Beach, a municipal corporation ("City") and Albert Grover & Associates, a California corporation ("Consultant''). RECITALS A. City proposes to have Consultant perform the services described herein beloW; and ,B. Pursuant to the authority provided by Government Code Section 371 03, City desires to engage Consultant to design the project(s) in the mAnner set forth herein and more fully described in Section 1; and C. Consultant represents: the principal members of Consultant are qualified professional traffic engineers duly registered under the laws of the State of California; it is fully qualified to perform the transportation and traffic engineering services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein; and D. No official or employee of City has a financial interest, within the provision of California ~vemment Code, Sections 1090-1092, n the subject matter of this Agreement. 20070705 Rovised PSAAlbert Onwer TrIflic an.ca1l1lOC -1- e e e NOW, TIIEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. a. ScoDe and Level of Services. Subj ect to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform the technical and professional services ("Services") set forth in Consultant's proposal dated May 8, 2007 (''Proposal'') attached hereto as Exhibit "A" and incorporated by this reference. The nature, scope, and level of the Services to be performed by Consultant are more particularly described in Exhibit "A". In the event of any inconsistencies between the Proposal and this Agreement, the t= and provisions of this Agreement shall control. b. Time for Performance. Consultant shall perform all services under this Agreement on a timely, regular basis consistent with industry standards for professional skill and care. c. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all services. d. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant i. has investigated and considered the scope of services to be performed, ii. has carefully considered how the services should be performed, and iii. understands the facilities, difficulties and restrictions attending pe:rfonnance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated the subject sites and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the. performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant risk until written instructions are received from the City Representative. e. ComDliance with Amerir.an" with Disabilities Act. All conceptual design plans prepared by Consultant for the Project shall comply with the Americans with Disabilities Act (42 V.S.C. Section 12001 et seq,). 2. ,Term of Agreement. 20070705 Revisod PSA Albert Grover Inffic 0D-CaJJ DOC -2- . . . a. This AgreeIl).eD.t is effective as of August 13, 2007 (the "Effective Date''), and shall remain in full force and effect until Consultant has rendered the services required hereunder, unless sooner terminated as provided in Section 15 herein. 3. Compensation. a. Comoensation. City shal1 compensate Consultant at its regular hourly rates set forth in Exhibit "B". The cost of each task shall not exceed the not-to-exceed amounts shown in Exhibit "A" unless such additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. b. Additinnal Services. City shall not pay Consultant for additional services unless the City Council authorizes, in advance, such services. City shall compensate Consultant for any authorized extra services at the hourly rates set forth in Exhibit "Bit. 4. Method of Payment. a. Invoices. Consultant shall submit to City monthly invoices for the services performed pursuant to this Agreement The invoices shall describe in detail the services rendered during the period and shal1 separately describe any extra services authorized by the City Council. Any invoice ,,'aiming compensation for extra services shall include appropriate documentation of the City Council's prior authorization of such services. All invoices shall be remitted to the following address: Department of Public Works, 211 8th Street, Seal Beach, CA 90740. b. City shal1 review such invoices and notify Consultant in writing within twenty business days of any disputed amounts. c. City shall pay all undisputed portions of the invoice within thirty calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. d. All records, invoices, time cards, cost con1rol sheets and other records maintained by Consultant shall be available for review and audit by the City. 5. Representatives. a. City Reoresentative. For the 'purposes of this Agreement, the contract administrator and City's representative shall be the Director of Public Works, or such other person as the Director designates in writing (hereinafter the "City Representative''). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shal1 refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative, b. Consultant Reoresentative. For the purposes of this Agreement, Chalap K. Sadam, P .E., is hereby designated as the principal and representative of 20070705 Revised PSAAlbert aro..r Il3lIic an-cauDOC -3- . . . Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal''). It is expressly understood that the experience, knowledge, capability and reputation of the Responsible Principal were a substantial inducement for City to enter into this Agreement. Therefore, the Responsible Principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City, which approval shall not be unreasonably withheld. 6. Consultant's PersonneL a. All Services shall be performed by Consultant or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of City business license as required by the City Municipal Code. b. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 7 below. c. Consultant shall be responsible for payment of all employees' and subconsultants' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. d. Consultant shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's alleged violations of personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's fiillure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard ofPerCormance. a. Consultant shall perform all services to customary professional standards and in a manner reasonably satisfactory to City. 8. Ownership ofWorkProduc:t. a. Ownershio of Plans. All plans, specifications, reports, studies, tracings, maps, drawings. blueprints, or other written material (collectively "Plans" in this Section 8) prepared or obtained by Consultant in the course of performing the Services shall be and remain the property of City without restriction or limitation upon its use or dis""",inBfion by City, and Consu1tant shall convey and transfer all 20070705 Revised PSAAlbort Clrover rra1lic On-CallllOC -4. . copyrightable interests in the Plans to City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. Such material sha1l not be the subject of a copyright application by Consultant. Any reuse by City of any such materials on any project other than the Project shall be at the sole risk: of City unless City compensates Consultant for such use. City agrees to indP.mnify, defend and hold harmless Consultant against any claims, losses, costs or damages as a result of City's reuse of the Plans without compensation to, or prior authorization of, Consultant In the event of the return of the Plans to Consultant or its representative, Consultant shall be responsible for their safe return to City. Consultant shall be entitled to retain copies of the Plans for Consultant's files. Under no circumstances shall Consultant fail to deliver any draft or final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This Covenant shall survive the termination of this Agreement b, Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 at. seq.), Exceptions to public disClosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code ~ection 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. They City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. c. Resoonsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement Consultant, when requested, shall furnish clarification and/or explanation as may be required bye the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide, all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. . . 9. Status as Independent Contractor. a. Consultant is, and shall at all times remain as to City, a wholly independent con1Iactor, Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as sat forth in this Agreement. Consultant shall :wG70705 _ PM Albert <hover Traffic Ou-CIIII DOC -5- . . . not, at my time, or in lIII)' manner, represent that it or my of its officers, agents or employees are in my mRnn~ employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, md to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indP.mn;fy and hold City harmless from my failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement my amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 9. 10. Confidentiality. a. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other infonnation developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the tennination of this Agreement. Consultant's covenant under this section shall survive the tennination of this Agreement. I 1. Conflict of Interest. a. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any mRnner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having my interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code ~~1090 and 87100) in my decision made by City on any matter in connection with which Consultant has been retilined. b. Consultant further represents that it has not employed or retained my person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, my fee, commission, gift, percentage, or my other consideration contingent upon the execution of this Agreement. Upon my breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from my sums 20010705 RovisecI PSA Albert Grover l"lofIlc Cln-Call DOC -6- e payable to Consultant hereunder the :full amolmt or value of any such fee, commission, percentage or gift. c. Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in'the business of Consultant, and that if any such interest comes to the knowledge of Consultant' at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 11.1. 12. Indemnification. e a. Indemnity for Professional Services. In connection with its professional services, Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated vollmteers, and those City agents serving as independent contractors in the role of city or agency officials, (collectively, "Indemnitees''), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses (collectively, "Claims''), including but not limited to Claims relating to death or injury to any person and injury to any property, to the extent to which they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the perfoIlIl8ll.CC of its professional services under this Agreement, but not to the extent the result of the negligence or willful misconduct of the City or of other third parties not under the control or the supervision of Consultant. Consultant's obligation to u.cl~mn;ry does not include the obligation to defend actions or proceedings brought against the City but rather to reimburse the City for attorney's fees and costs incurred by the City in defending such actions or proceedings brought against the City to the extent caused by Consultant; but not for any loss, injury, death or damage caused by the negligence or willful misconduct of City or of other third parties not lmder the supervision or control of Consultant. b. Other Tndemnities. In connection with all Claims not covered by Section 12.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. e c. Nonwaiver of Rillhts. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. d. Waiver of Rillht of Subrol!ation. Consultant, on behalf of itself and all parties claiming lmder or through it, hereby waives all rights of subrogation against the 20070705 Revised PSAAlbert <lrowr Irafllc 0n-CaIl DOC -7- e e e InnP.mnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the TnnP.mT1;tor. e. Survival. The provisions of this Section 12 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Tnoemn;tees may have under the law. Payment is not required as a condition precedent to an TndP.mn;tee's right to recover under this indemnity provision, and an entry of judgment against an Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 13. Insurance. a. Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Consultant, and its agents, representatives, employees and subconsultants. b. Minimum ScoDe oflnsurance. Unless otherwise approved by City, coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). ii. Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). iii. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. iv. Professional Liability insurance in a form approved by the City. c, Minimum Limits of Insurance. Consultant shall maintain limits no less than: i. General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage, Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. it Automobile Liability: $2,000,000 per accident for bodily injury and property damage. iii. Employer's Liability: $2,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. iv. Professional Liability: $2,000,000 per claim/aggregate. 20070705 Revised PSA Albert Gro_ IllIIIic On-CaIlDOC -8- . e e d. Deductibles and Self-Insured Retentions. Consultant shall inform City of any deductJ."les or self-insured retentions except with respect to professional liability insurance. e. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. ii. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Consultant's insurance and sha11 not contribute with it. iii. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by :first class mail has been given to City. v. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. f. Accentabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating ofno less than A:VIT unless waived in writing by City's Risk Manager. g. Verification of Coveraee. No work or services under this Agreement shall commence until Consultant has provided the City with Certificates of Insurance 2007070S Revised PSAAlbcrt Qrovor Indlic ou-can DOC -9- e e e or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. Proof of insurance must be sent directly to the City Clerk's Office. h. Subconsultants. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant All coverages for subconsultants shall be subj ect to all of the requirements stated herein unless otherwise approved in advance in writing by City. 14. Cooperation. a. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. City shall compensate Consultant for any litigation support services in an amount to be mutually agreed upon by the parties. 15. Termination, a. Either party shall have the right to terminate this Agreement at any time for any reason on written notice to the other party. In the event either party exercises its right to terminate this Agreement, City shall pay Consultant for any services rendered prior to the effective date of the termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. 16. Suspension. a. City may, in writing, order Consultant to suspend all or any part of the Consultant's Services for the convenience of City or for work stoppages beyond the control of City or Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of the Services does not void this Agreement. 17. Notices. a. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be cj.eemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 Sib Street 2007070S Roviscd PSAAIben C3Joon:r Tnffic 0n-CaII DOC -10- . . . Seal Beach, CA 90740 Fax: (562) 431-4067 With a copy to: Director of Public Works City of Seal Beach 211 8th Street Seal Beach, CA 90740 Fax: (562) 431-8763 f I I ] 18. Non-Discrimination and Equal Employment Opportunity. a. In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 19. Non-Assignability; Subcontracting. a. Consultant shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Consultant's obligations hereunder. Any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 20. Compliance with Laws. a. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. , 21. Non-Waiver of Terms, Rights and Remedies. a. Waiver by either party of anyone or more of the conditions of performance under this Agreement shall not be a waiver of any other condition ofperfonnance under this Agreement. In no event shall the making by City of any payment to Consultant constit\lte or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 22. Attorney's Fees. a. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the 20070705 Rovised PIA Alben Orover Trallic On.can DOC -11- e e e prevlliliI!g party in such action or proceeding shall be entitled to recover its costs of suit, including actual attorney's fees. 23. Exhibits; Precedence. a. All documents refe...e.o.ced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 24. Construction. a. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of inteIpretation providing for inte..}1<etation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 25. Entire Agreement. a. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and mtegrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY A'ITEST: CITY OF By: By: City Clerk City Manager I -I I , , 2Q07Q705 RIMacd!'SA AlbcrtClRm:r rAflil> 0n-CaIl DOC -12- e e e ~ By: Nam . 2 '?~~. 6'r'D1It'/' Title: hef;.I/J.,!- /rEo By: ~~ Name: A,~'" A::U~ Title: a,'P'~~ .s"e~'~?, (Two signatures required for corporations - California Corporations Code Section 313) 20070705 _sod PSA Albert Grover Traffic On-CBlI DOC - -13- APPROVED AS TO FORM BY.~om~ Cl Attomey ! i e ALBERT r"'JOVER. &. \.J ~SOCIATES May 8, 2007 Mr. Alvin Papa, P.E. Associate Engineer City Hall - 211 Eighth Street Seal Beach, California 90740 RE: Signal Timing Proposal and On-Call Traffic Engineering Services Dear Alvin: e Pursuant to your request, Albert Grover & Associates (AGA) is pleased to present to the City of Seal Beach this letter proposal to provide traffic engineering services related to signal timing. Additionally, AGA will also address any on-call1raflic engineering services to the City of Seal Beach on an as-needed basis. Attached for your information is AGA's Statement of Qualifications. The following is our underUA"ning based on discussions with the City staff: both at the City Hall meeting of April 26, 2007 and our subsequent discussions with Bill Moran and Tony Coco on May 3, 2007, and our prior signal timing projects that were conducted for the City. Additionally, per Bill Moran's call this morning, the six 1rafIic signals on Lampson Avenue are included in the project scope. . The City has recently installed Model 2070 controllers with Bl Tran 2033 program at various locations, specifically along Seal Beach Boulevard and portions of Westminster Avenue. The City currently has Traconex 390J controllers at four locations on Lampson Avenue and at two locationS in the beach area. . The City has previously installed fiber optic communications on portions of Seal Beach Boulevard and Westminster Avenue. The portion south of 1-405 freeway, specifically between Golden Rain and Bolsa Avenue is currently operational. e . Just recently, the City installed fiber optic communications on Seal Beach Boulevard that extends from Lampson Avenue to the northern. City limits. The fiber optic TRAN~POR"'ATION CO~l IT .TlNe; R'NnlNF.F.R:~ 211 E. Imporiallfwy . Slllte 208, !1II1erla1, CA 92B3S (714) m-2!l9O 'AX (714) m-a&l E-_: ..............r,.... I I e Alvin Papa, P.E. May 8, 2007 Page 2 communications c:onnect to a field master controller at Seal Beach BoulevardlLampson intersection. l'herlI is no communication between this area and the City's Traffic Management Center. . The City operates a Traffic Management Center (TMC) at the City yard. The existing fiber optic network on Seal Beach Boulevard extends to the TMC. The QuicNetl4 Central Traffic Signal software is currently installed at the TMC. . The City has also previously installed CCTV cameras at key intersections. The cameras can be viewed from the City's TMC. . Caltrans operated traffic signals at I-40SlSeal Beach Boulevard are currently not interconnected to the City's signal system. . City traffic signals along Lampson Avenue are currently not interconnected and are not coor<'l;"AtM" e . Traffic signals along Seal Beach Boulevard C1Jll.'eIItly use a combination of 120190160 second cycle at various intersections. Because of the short storage area for traffic exiting Leisure World, the intersection of Seal Beach Boulevard and Golden Rain needs to operate at a short cycle, such as 60 seconds. . Traffic signals on Pacific Coast Highway are currently coord;"A1/'d These signals are controlled and maintained by CaltIllns. . City staff has indicated that improvements to signal coordination timing is desired for many areas of Seal Beach Boulevard, and particularly, the area north of I-'WS because of high traffic volumes throughout the day due to commercial and restaurant usage. : Given the above information, and based on our prior experience in s\K:Cessfully implementing traffic operational systems. for various agencies throughout Southern California, AGA proposes thefu~~: ' 1. Conduct a Field Inventory, Intersection Capacity Evaluation and Needs Assessment This task will involve two aspects. One is to identify what is presently available in temlS of traffic signal controllers, communications equipment, modems etc., and what needs to be added to have a successful traffic signal control system. This will be lICCOIIIplished via a :lield inventory, discussions with City ~ and an evaluation of alternatives to I I i I I , - I , e I , e Alvin Papa, P.E. May 8, 2007 Page 3 . Seal Beach Blvd at Lampson Avenue . Seal Beach Blvd at 1-405 Northbound Ramps . Seal Beach Blvd at 1-405 Southbound Ramps . Seal Beach Blvd at Westminster Avenue . Seal Beach Blvd at Bolsa Avenue , I , I , I i I I determine a cost-effective solution. The Caltnms intersections at the I-4051Seal Beach Blvd interchange will also be included in this assessment. The second aspect relates to the capacity evaluation of the critical intersections for the peak hour traffic conditions and identifying what specific measures need to be taken to improve intersection operations. This task will include the collection of peak hour turning movement counts at the following intersections for the AM, midday and PM peak hours: e Detailed capacity and level of service evaluations for peak hours will be conducted for the above intersections and appropriate improvements will be identified. Other City controlled intersections on Seal Beach Boulevard, Westminster Avenue and Lampson Avenue will be evaluated via field reviews and spot traffic counts will be conducted on an as-needed basis for capacity and level of service analysis, RecommP.nd'i:d improvements, such as increasing left-turn queue storage and other minor roadway re- striping or signal modifications etc., will be provided. Task I can be completed in 8 weeks after notice-to-proceed. AGA's fee to complete Task I is $18,000. 2. Develop, Implement and Fine-tune Coordination Signal Timing: This task involves the following three elements. Local Timing: The first sub-task involves a review of existing local signal timing such as minimum green, maximum times, vehicle extensions, gap timing, pedestrian timing including 'WaIk' and 'Flashing Don't Walk', yellows and any all-Red timing. AGA will revise/recommend any changes based on the review and discussions with City staff'. The use of appropriate local timing is essential for the traffic signal to operate efficiently and also provide adequate time for the pedestrians. e Development of Coordination Signal Timing: The second sub-task involves the development of coordination signal timing for the various time periods, including weekends where appropriate. AGA recognizes that traffic volumes and traffic conditions , vary on different sections of Seal Beach Boulevard as well as on Westminster Avenue , e Alvin Papa, P.E. May 8, 2007 Page 4 and Lampson Avenue. Additionally, it is important that the Caltrans signals at the 1- 4OSISea1 Beach Boulevard interchange be included in the coordination signal timings. Implementation and FiDe-Tuning of Timing Plans: AGA staff will implement and fine-tune coordination signal timing. AGA will also coordinate with Caltrans staff in implementi'1g the recommending timing at the I-40SISea1 Beach Boulevard interchange signals. The development, implementation and fine-tuning of coordinated signal timing can be completed in 16 weeks after notice-ta-proceed. AGA's fee to complete Task 2 is $24,000. 3. Traffic Signal System Monitoring e System fine tuning and monitoring is generally dP.finM as CIIS1IliDg that the entire system. is functioning as a whole. AGA is well versed in the operations oflDSI1Y of the systems. AGA presently provides such service AnnllA l1y for several Cities in Southern California for both Type 90 and Mode1170f2070 systems. We CU1IeIltly provide on-going fine tuning services for QuicNet systems and other VCDdor systems. We have various systems' software on 0Ul oflice computers, and can readily access the systems via telephone line or via Internet using Virtual Private Network (VPN). A9A will support all the City staff in the operation of the system, and will provide continuous fine tuIlinWoptimi-ring of system timing of all project intersections following implem"""'tion of signa1 timing plans both to further fine tune the system and modifY the plans as needed. This will consist of monitoring of the systems from our offices (via telephone modems or VPN) combined with extelIsive field reviews. Our proposed monthly fine tuning ofproject signals includes the following components: (a) Weekly remote viewing of system functions, (b) Periodic driving thru the system signals to visually review the coordination effectiveness, (c) COmm'Jtli.....ting with responsible maintenance technicians, (d) Minor modifications of splits and offsets to respond to traffic fluctuations, (e) Maintaining up-to-date signal timing charts, (t) Reports on system effectiveness, and most importantly maintaining multi-jurisdictional coordination between City and Caltrans signals. : e One additional aspect relates to addressing signal timing complaints, Because of our extensive operational experience, we are well-versed in assisting Cities in responding to complaints relative to signal timing and phasing, especially when new plans are implemented. We have helped Cities address complaints from residents, commuters, " parents of students, police personnel. and City officials. I ~ Alvin Papa, P.E. May S. 2007 Page 5 AGA's fee to provide Tmffic Signal System Monitoring ([ask 3) is $2,500 per month. This includes 21 City controlled sigDals on Seal Beach Boulevard, Westminster Avenue and Lampson Avenue, and Caltrans controlled intersections at the 1-405/Seal Beach Boulevard interchange. AGA has been providing similar signal system monitoring service to the City of La Habm for the past 16 years. AGA has also been providing similar service to many other cities including Fullerton, Montclair, Lama Linda and San Bernardino County. AGA looks forward to working with the City of Seal Beach to address traffic engineering issues in a timely and cost-effective mAnner. If you have any questions, please call me. Respectfully submitted, e Cha1ap K. Sadam, P.E. Vice Presitkrrt c.c. Sean Crumby, P.E., Deputy City Engineer, City of Seal Beach Attachment: AGA's Statement of Qualifications and Schedule of Hourly Rates Si&aall"imiIla Pn>posllIlldOD-c1ll IE S_- ScolBeadl,doc I , I I e e e e EXHIBIT "B" FEE SCHEDULE STANDARD HOURLY FEE SCHEDULE The Client agrees to pay Consultant as compensation for all authorized work included in the Scope of Services heretofore stated at the hourly rates below. ~ I e e AaERT r"JOVER & U ,NSOCIATES semmULE OF HOURLY RATES EFFECTIVE MARCH 1.2007 PrincipallPresident Vice President Director of Project Development/AssociatIl Scmior TransporIIItion 'Rngin_ Scmior Design Engineer Transportation Engineer Design Engineer AssocialD Transportation p..gineer Signal Systems Specialist Transportation Bngineering Associate/Civil Engineering Tec:hnician DesignerlConstruction InspectorlSignaI SyslBIIIB Technician Assistant Transportation Rngineer/Assistant Engineer Seoior CADD Operator Project Coordinator, Engineering Assistant CADD Operator Traffic Enumerator, Bngineering Aide EngiDeeriDg Aide n Council/Commission Meetings, Hearings, etc. (Billing R.stll + $50 Surcharge) Expert Witness (Billing Rate + $50 Sun:barga) Expert Witness - Deposition/Court (Billing Rate + $100 Surcharge) Subconsultants will be billed at cost plus 20% $ 225 $ 200 $ 190 $ 175 $ 165 $ 140 $ 130 $ 120 $ 120 $ 120 S IIO S IIO S IIO S 100 S 100 $ 75 $ 50 $ 1,000 Minimum $ 1.000 Minimum $ 1,000 Minimum ,.1 I I ('.muittl.... "rll"",,", 7'110 <II1t1N rtItu II1W /ypIeIJl()I~fi>'" l:l-mo1rthporWd. bid A.CM. tnt1ItrtDJtuIM ripI /D ciu;urp 1M bI11i1w"'" Ilt,tury limej/Jr __ oj record a.pUrr. ~ Illl bIlI/nfp wiU a1wG)'6 bo Ql 1M 1M. """"'" bIl111rg rata. '1'IIl8 wUIIIDt II/fe&t tury agrnd _ totD1 at' 1IDI-ttHDIJ:Ud/HI. INVOICBS WILL BE SUBMlTI'ED MONnlLY MID SHALL BE DUE AND PAYABLIl WITHIN 30 DAYS, FINANCE CHARGES MAY BE ACCRUED DAILY ONUNPAID IIALANCIlS BASED ON A 10%ANNUAL PIlRCENTAGB RATB. TR Al\NPnRTATrnW ~nmTJT.TIWn mJmN'F.'RRR 211 B.1mpodII Hwy. Sullo 201, 1'lII1Illao,. CA !/2135 (714)__ FAX(7I4)m.aa E-MaIl: ~._ I - I I , I I / I I - / , i I I