HomeMy WebLinkAbout1983-088
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RESOLUTION NO.
83-88
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MOHLE, PERRY AND ASSOCIATES,
iMUNICIPAL AND TRANSPORTATION ENGINEERS, RELATING TO ENGINEERING
!SERVICES IN CONJUNCTION WITH THE CITY'S GRANT FROM THE CALIFORNIA
iENERGY COMMISSION TO ESTABLISH FUEL EFFICIENT TRAFFIC SIGNAL
ITIMING WITHIN THE CENTRAL BUSINESS DISTRICT.
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I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BElli~ARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City an
9 Agreement with Mohle, Perry and Associates, Municipal and
10 I Transportation Eng ineers, relating to providing eng ineering
11 services in conjunction with the City of San Bernardino's grant
12 from the California Energy Commission for Establishing Fuel
13 Efficient Traffic Signal Timing within the Central Business
14 District, a copy of which is attached hereto, marked Exhibit "A"
15 and incorporated herein by reference as fully as though set forth
16 at length.
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SECTION 2. The Agreement authorized by this resolution shall
18 not take effect until fully signed and executed by both parties.
19 Neither party shall be obligated hereunder unless and until the
20 Agreement is fully executed and no oral agreement relating thereto
21 shall be implied or authorized.
22 I HEREBY CERTIFY that the foregoing resolution was duly
23 adopted by the Mayor and Common Council of the City of San
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Bernardino at an adiourned reqular
meeting thereof, held
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on the 24th day of March
, 1983, by the following
26 vote, to wit:
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AYES:
Council Members
Castaneda, Hernandez, .,Harks,
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Quiel. Strickler
NAYS:
None
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ABSEN~' :
Council Members Reillv. Hobbs
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.,#,,//-AJ p~/
./ City Clerk
The foregoing resolution is
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of
r,.1rlr~h
, 1983.
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II
Approved as to form:
~zr:~
City Attorney
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EXHIBIT "A"
ENGINEERING SERVICES AGREEMENT
FOR
FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM
THIS AGREEMENT, made and entered into on ~~ ~~ , 1983,
by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, herein-
after referred to as "City," and MOHlE, PERRY & ASSOCIATES, hereinafter
referred to as "Consul tant."
WITNESSETH:
WHEREAS, City desires Consultant to provide professional services in
conjunction with the City's Grant from the California Energy Commission to
establish Fuel Efficient Traffic Signal Timing in the City, herein called
"Project," in accordance with the terms and conditions of this Agreement;
and
WHEREAS, City requires Consultant's professional services for Project;
and
WHEREAS, Consultant is qualified and willing to provide such services;
and
WHEREAS, City desires to contract with Consultant for such services; and
WHEREAS, Consultant has represented to the City that he has the required
professional qualifications and capabilities to perform the study in an
expeditious manner;
NOW, THEREFORE, BE IT MUTUAllY AGREED BY THE PARTIES HERETO AS FOllOWS:
1. GENERAL -- All work covered by this Agreement shall be done in an
expeditious manner in accordance with the schedule set forth hereinafter.
Consultant shall provide the items of work listed on Exhibit A, attached
hereto and incorporated herein by reference as fully as though set forth at
length herein.
2. COMPENSATION n City shall pay Consultant a fee of $36,308 for
services rendered under this Agreement as specified in Exhibit B, attached
hereto and incorporated herein by reference as fully as though set forth at
length herein. Payments shall be on a monthly basis for work completed
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as approved by the City Traffic Engineer, which approval shall not be
unreasonably withheld.
3. CITY'S RIGHT TO AUDIT RECORDS -- Consultant shall maintain and keep
adequate books and records on a current basis recording all time expended
by its personnel and all expenses incurred by Consultant in a form satis-
factory to City and in accordance with generally accepted accounting
principles. Said books and records and all supporting details shall be
made available to City for purposes of audit at all reasonable times and
places. All such books and records shall be maintained by Consultant for
any shorter periods of retention, of at least three (3) years after the
completion of the work provided for by this Agreement.
4. CONSULTANT'S PROFESSIONAL STATUS -- Consultant accepts the
relationship of trust and confidence to be established between it and the
City. Consultant's services hereunder are to be provided according to the
prevailing standard of practice normally exercised in the performance of
professional services of a similar nature, in a similar locale. Consultant
shall be at all times herein an independent contractor and not an employee
or agent of City.
5. ASSIGNABILITY The experience, skill and expertise of Consultant
is of the essence of this Agreement. Consultant shall not assign (whether
by whole or in part or any right or interest hereunder in whole or in part
or any right or interest hereunder) without prior written consent of City
except as for established subcontractors previously indicated in bid pro-
posal and submission. Any assignment or attempt to assign this Agreement
without such prior written consent or by operation of law shall constitute
cause for termination.
6. INTEREST OF CONSULTANT -- Consultant convenants that it presently
has no interest and shall not acquire any interest, direct or indirect,
which would confl ict in any manner or degree with the performance of
services required to be performed under this Agreement. Consultant further
covenants that in the performance of this Agreement no person having any
such interest shall be employed.
7. TERMINATION OF AGREEMENT FOR CAUSE -- If for any cause Consultant
shall fail to fulfill in a timely and proper manner its obligations under
this Agreement, or if Consultant shall violate any of the covenants,
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agreements or stipulations of this Agreement, City shall thereupon have the
right to terminate this Agreement by giving written notice to Consultant of
such termination and specifying the effective date thereof at least five (5)
days before the effective date of such termination. In that event all
finished and unfinished analyses or other material prepared by Consultant
under this Agreement shall, at the option of City, become its property and
Consultant shall be entitled to receive compensation for any satisfactory
work completed in accordance with Exhibit B, attached hereto and incorporated
herein by reference as fully as though set forth at length herein. Notwith-
standing the above, Consultant shall not be relieved of liability to City
for damage sustained by City by virtue of any breach of this Agreement by
Consultant, and City may withhold any payments to Consultant for purpose of
set-off until such time as the exact amount of damages due City from
Consultant is determined.
This Agreement may not be terminated for cause if the fail ure to per-
form arises from unforeseeable cause beyond the control and without the
fault or negl i gence of Consultant.
8. TERMINATION FOR CONVENIENCE OF CITY -- City may terminate this
Agreement at any time by giving written notice to Consultant of such termina-
tion and specifying the effective date thereof at least fifteen (15) days
before the effective date of such termination. In such event, all materials
as described in Paragraph 7 above shall, at the option of City, become its
property. If the Agreement is terminated by City as provided herein,
Consultant will be entitled to be paid all compensation for work performed
to the date of termination in accordance with the hourly fee shcedule attached
hereto as Exhibit B, provided that in no event shall the compensation of
Consultant or reimbursable expenses exceed the amount provided for in this
Agreement. If termination is due to the faul t of persons other than Con-
sultant, Consultant will be entitled to be paid all compensation for work
performed to the date of termination. Should this Agreement be terminated
due to fault of Consultant, Paragraph 7 hereof relative to termination shall
be applicable.
9. START OF WORK -- Consultant shall
being directed, in
do no work under the
writing, by the City
provisions
of this Agreement until
Engineer to proceed.
Tra ffi c
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10. CHANGES -- Should City require changes in the scope of the services
of Consultant to be performed hereunder, such changes including any corres-
ponding increase or decrease in the amount of Consultant's compensation,
which shall be mutually agreed upon by and between City and Consultant,
shall be incorporated in this Agreement only by written amendments hereto.
11. DOCUMENTS -- All ori ginal documents shall become the property of
the City.
Any use of completed documents for other projects and/or any use of
uncompleted documents without specific, written verification by Consultant
will be at City's sole risk and without liability or legal exposure to Con-
sultant, and City shall indemnify and hold harmless Consultant from all
claims, damages, losses and expenses, including attorney's fees, arising out
of or resul ting therefrom.
12. CONSULTANT TO HOLD HARMLESS -- Consultant hereby agrees to, and
shall, hold City, its elective and appointive boards, commissions, officers,
agents and employees harmless from any 1 iabil ity for damage or cl aims for
damage for personal injury, including death, as well as from claims for
property damage whi ch may arise from Consultant's negl i gent operati ons under
this Agreement, whether such operations be by Consultant or by anyone or.
more persons employed by or acting as agent for Consultant. Consultant
agrees to and shall defend City and its elective and appointive boards,
commissions, officers, agents and employees from any suits or actions at
law or in equity for damages caused, or alleged to have been caused by reas
of any of the aforesaid operations.
13. TIME OF ESSENCE -- Time is of essence with respect to Consultant's
performance under this Agreement. All work shall be completed in accordance
with the project schedule, Exhibit C, attached hereto and incorporated
herein by reference as fully as though set forth at length herein.
14. NOTICES -- All notices herein required shall be.in writing and
delivered in person or sent by certified mail, postage prepaid, addressed
as follows:
City of San Bernardino
City Engineer
300 North "0" Street
San Bernardino, CA 92418
Mohle, Perry & Associates
901 East Imperial Highway
Suite A
La Habra, CA 90631
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15. WORKERS' COMPENSATION -- Consultant shall provide workers' compen-
sation coverage for all employees employed pursuant to this Agreement. Con-
sultant shall provide to City's Risk Management Division an insurance certi-
ficate evidencing such insurance, which certificate shall be submitted prior
to Consultant undertaking any actions under this Agreement. The insurance
certificate must spetify that the City Clerk of the City of San Bernardino
shall be given notice in writing at least thiTty days prior to cancellation,
material change or ,refund to renew the workers' compensation coverage.
The parties have executed this Agreement on ~I 0.7/ , 1983.
CITY OF SAN BERNARDINO
ATTEST:
l-{'~~;M/~1J/
C" y C erk
MOHLE, PERRY & ASSOCIATES
BY:~~-
'c r ldent
Approved as to form:
a:4c{(~/f 4r-
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EXHIBIT A
SCOPE OF WORK
The tasks involved to initiate and complete this project will include
the following:
o field data collection
o data reduction
o computer input
o analysis and engineering review
o timing implementation
o before and after floating car runs
o reports
The Project Timeline Summary (Exhibit C) illustrates the scheduled completion
date of each task.
Task 1 - Field Data Collection (By City Staff)
This task will consist of gathering intersection turning movement counts
for A.M.. midday and P.M. time periods. Any significant midblock traffic
generators will also be counted. Additionally. observations will be made
to determine the appropriate midblock speeds, saturation flow rates and lost
times to be used as computer input.
Task 2 - Data Reduction
Data reduction will consist of preparing Task 1 data so it can be entered
in the computer. Also. other data such as distances between intersections.
lane configurations and signal phasing will be obtained from City files.
As part of this task a determination of system cycle length will be made.
Task 3 - Computer Input. Analysis and Engineering Review
Through MPA's TRANSYT input program, all data will be entered via key-
board into a personal computer. It is anticipated that several runs will
be made with extensive traffic engineering review between runs before a
satisfactory final run can be obtained. This is based on MPA's previous
experience with TRANSYT/7 which has included several different applications.
The consultant duties will also be to train City staff members in the
various aspects of running TRANSYT/7 on the City's own microcomputer. The
data files used by the consultant will be transferred to the City so that
changes in traffic volumes. etc. may be easily accomplished by City staff on
the City microcomputer system. This approach will prove to be both cost-
effective and productive in ensuring that adequate signal system surveillance
is maintained.
Task 4 - Timing Implementation (By City Staff)
In this task, field timing charts will be prepared from the TRANSYT
output. The timing will then be implemented at each controller by an
experienced traffic engineer who will make fine tuning adjustments at the
same time. He will be aided by authorized maintenance personnel.
Task 5 - Before and After Floating Car Runs
Before Task 4 actually takes place, floating car runs will be per-
formed on key segments of the network. It is not deemed necessary to do
the entire network, but rather to include a route which covers approxi-
mately 25 to 35 percent of the signals in the system. This will be
jointly determined by City staff and MPA. There will be six runs made .
for both the before and the after analyses on the same route for the same
time period.
Task 6 - Reports
This task will include documentation of all data collection, analyses
and evaluations. A 3D-minute presentation of a draft final report will be
made at the December 83 User Workshop. Additionally, quarterly reports of
progress will be prepared.
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EXHIBIT B
CITY OF SAN BERNARDINO
TRANSYT
MPA PORTION
COST ESTIMATE
DIRECT. LABOR HOURS RATE TOTAL
Pri nci pa 1 40 $30.49 $1,220
Project Manager 200 $22.85 4,570
Transportation Engineer 300 $16.85 5,055
Tra ffi c Technici an 200 $14.00 2,800
Clerical. 40 $14.00 560
Transportation Analyst 100 $12.50 1,250
$15,455
DIRECT COSTS
December Presentation (including travel costs)
Printing & Miscellaneous
Mileage & Per Diem
1,220
577
300
2,097
INDIRECT COSTS
Approved Overhead Rate
100% x Direct Labor
15,455
Fee (Profit @ 10%)
3,301
TOTAL COST
$36,308
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EXHIBIT C
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A SUBSIDIARY OF THE EMPIRE CO.
2147 S. BREA CANYON ROAD
DlA}lOND BAR, CA 91765
711f) 598-1806
COMPANIES AFFORDING COVERAGES
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LA HABRA, CA 90631
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LETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in 10rce at this time NotwithstancTs any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is sl.!bject to ail the
terms. exclusions and conditions of such policies.
CC~PANY
LETTER
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limits of Liability in Thousands ( 00)
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TYPE OF INSURM.CE
POLICY
EXPIRATION DATE
AGGREGATE
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GENERAL LIABILITY
BODILY INJURY
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o PREMISES-QPERATIONS
D EXPLOSION AND COLLAPSE
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PROPERTY DAMAGE S
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WC162716
1-1-84
DESCRIPTION OF OPERATIONSIlOCAT10NSNEHlClES
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Cancellation:
Should any of the above des~;.ril>ed policies be cancelled before the expiration date thereof, the issuing com-
pany will ~~~ mail ~ days written notice to the below named certificate holder. bXllllXIHXIK:lO
mK~~mg~~~~BX~~~>>ZMmm~~XZK~~~~X
NAME AND ADDRESS OF CERTIFICATE HOLDER:
4-4-83
CITY OF SAN BERNARDINO
P.O. BOX 1318
SAN BERNARDINO, CA 92402
ATTN: SHAUNA CIARK
CIT CLERK
DATE ISSUED:
F..c-..d~jO&l'0
AUTHORIZED REPRESENTATIVE