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HomeMy WebLinkAbout1994-08-23 - AGENDA REPORTS - TRAFFIC STUDY AGMTAGENDA REPORT CtyAa�g�ei Appr Item to be presen d by: Anthony J. Nisich��h^� CONSENT CALENDAR DATE: August 23, 1994 SUBJECT: AGREEMENT WITH MEYER, MOHADDES ASSOCIATES TO CONDUCT TRAFFIC STUDY FOR AMENDMENTS TO THE CENTER CITY CIRCULATION SYSTEMS OF THE GENERAL PLAN DEPARTMENT: Community Development BACKGROUND Following the incorporation of the City, the City began a long-range planning effort to produce the City's first General Plan, which includes circulation, land use, housing, air quality and other elements. In approving the General Plan, the Council recognized that the Center City Circulation System would need further refinement and anticipated that the General Plan would need to be amended at a future date. In June 1992, the City Manager appointed ten members to the new Citizens' Transportation Advisory Committee (CTAC). The purpose of the Committee is to review traffic and transportation issues in the City and advise the City Manager on policy recommendations to the Planning Commission and the City Council. In October 1992, the City Council passed a motion to reject the north and south alignments of Highway 126 as they were proposed in Caltrans' Draft Tier -1 EIR document. Subsequently, the City Council made a referral to the newly formed CTAC to receive further community input regarding an alternative east/west roadway network in the City. The recommendations from CTAC were presented to the Planning Commission in July, 1993. The Planning Commission conducted public hearings on this topic and made refinements in the alternative roadway patterns to be studied and forwarded its recommendations to the City Council. On January 25, 1994, City Council concurred with the Planning Commission's recommendations and directed staff to proceed with the necessary studies to process amendments to the Circulation Network and Master Plan of Arterial Highways in the Circulation Element relative to the Center City Circulation System. Staff solicited proposals from four pre -qualified firms to conduct the traffic study which would form the basis for the proposed amendments and associated environmental documents. CENTER CITY CIRCULATION SYSTEM August 23, 1994 Page 2 Three firms submitted proposals. Those firms are listed below: DKS Associates (Los Angeles) Korve Engneers,Inc. (Pasadena) Meyer, Mohaddes Associates (Los Angeles) Based on technical qualifications and methodology for the project, Meyer, Mohaddes Associates, Inc. was selected to conduct this study. The traffic study will utilize the newly completed Joint City/County Traffic Model to forecast future traffic volumes and analyze circulation alternatives. The traffic study is anticipated to be completed in early October, 1994. The results of the traffic study will be used in preparing the necessary environmental documents needed to amend the Circulation Element of the General Plan. Staff has negotiated a fee of $31,235.00 for conducting the traffic study.. Funds for this purpose are available in Account Number 01-5402-227. RECOMMENDATION Authorize the City Manager to execute an agreement for $31,235.00 with Meyer, Mohaddes Associates (three original copies). Funds for this study are available in Account #01-5402-227. ATTACHMENT Agreement RJR:Ikl council\nwnn S.& CITY OF SANTA CLARITA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION 23920 VALENCIA BOULEVARD, SUITE 300 SANTA CLARITA, CALIFORNIA 91355 CONTRACT FOR PROFESSIONAL SERVICES TRAFFIC STUDY FOR AMENDMENTS TO THE CENTER CITY CIRCULATION SYSTEM (PHASE II) This agreement is entered into this day of ,1994, in the State of California (the Agreement) by and between the CITY OF SANTA CLARITA, a municipal corporation of the State of California, hereinafter "City," and Meyer, Mohaddes Associates, Inc., a California Corporation hereinafter "Consultant." WHEREAS, City requires professional services of Consultant; as herein below specified, and WHEREAS, Consultant represents that it is qualified to perform such services, and Consultant desires to perform the services hereinafter defined. NOW, THEREFORE, for mutual consideration as provided herein, it is agreed by and between City and Consultant as follows: A. Consultant shall perform professional and technical engineering services to conduct the necessary studies to process amendments to the Circulation Network and Master Plan of Arterial Highways in the Circulation Element relative to the Center City Circulation System, as shown on the Consultant's attached proposal scope of services. The Consultant shall complete the project scope of work within sixty (60) working days. Reasonable review time by the City is included in this schedule. However, any additional time required due to delays in completing review by the City, which is beyond the control of the Consultant, shall not be considered part of this schedule. R. The City agrees to compensate the Consultant for services on a lump -sum basis. C. This agreement is subject to the following Terms and Conditions: TERMS AND CONDITIONS 1. ENTIRE AGREEMENT: This agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the services by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding. Any modification of this agreement will be effective only if it is in writing and signed by the party to be charged. 2. ASSIGNMENT OF AGREEMENT: This agreement is personal to Consultant, and shall not be assigned by either Consultant or City without the prior written consent of the other., 3. INDEPENDENT CONTRACTOR: It is understood and agreed that Consultant is, and at all times shall be, an independent consultant and nothing contained herein shall be construed as making Consultant, or any individual whose compensation for services is paid by Consultant, an agent or employee of City, or authorizing Consultant to create or assume any obligation or liability for or on behalf of City. 4. CONFLICT OF INTEREST: Consultant represents, warrants, and agrees that she/he does not presently have, nor will she/he acquire during the term of this agreement, any interest, shareholder (other than as a shareholder holding on percent or less interest in publicly -traded companies) or affiliated with any business entity, or individual that has entered into any contract, subcontract, or arrangement with City that would cause a conflict of interest with this contract. 5. PROVISIONS SEVERABLE: City's waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any other term, condition, or covenant, or breach of any other term, condition, or covenant. If any term, condition, or covenant of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this agreement shall be valid and binding on the Consultant and City. 6. GOVERNING LAW: This agreement shall be governed and professional services shall be performed in compliance with the law of the State of California and applicable governmental regulations, State of California Highway design manual, Traffic Manual and the City Standards and Ordinances in effect at the date of this agreement. OWNERSHIP OF DOCUMENTS: Drawings, calculations, specifications, printouts, AutoCadd diskettes and other documents, whether in hard copy or machine readable form, are and shall remain the property of City. Consultant shall be permitted to retain reproducible copies of all such documents and -2- following termination of this agreement, the original of all such documents shall remain with the City. 8. ARBITRATION: controversies or claims arising out of or relating to this agreement, or the breach thereof, shall be finally settled by arbitration conducted in Los Angeles, California in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association with consent given to the full use of discovery proceedings provided for use in civil actions in the California Code of Civil Procedure. No demand for arbitration shall be made after institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The arbitrator(s) shall not vary, modify, or alter the terms and provisions of this agreement. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 9. INDEMNIFICATION: The consultant agrees to indemnify, defend and hold harmless City and all of its officers, agents, and employees from any and all liability, claims, damages, or injuries to any person, including injury to Consultant's employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this agreement, or are caused or claimed to be caused by the negligent acts or omissions of consultant, its agents or employees, and all expenses of investigation and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims arising from the negligence or willful misconduct of the City, its agents or employees. 10. EQUAL OPPORTUNITY: Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, marital status, or handicap. Consultant agrees to take affirmative action to assure than applicants are employed or retained, and that employees are treated without regard to their race, color, religion, sex, national origin, ancestry, marital status, or handicap. Such action shall include, but not be limited to: recruitment or recruitment advertising, layoff' or termination, rates of pay or other form of compensation, and selection for training. 11. WARRANTY: Consultant shall perform services in accordance with generally accepted principles and practices. Consultant has total responsibility for the accuracy and shall check all such material accordingly. 12. INSURANCE: a. Consultant shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policies issued to provide the insurance coverage described in this contract shall provide that said insurance may not be amended or cancelled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the City. In the event the said insurance expires or is cancelled, the Consultant shall, prior to the cancellation or expiration date, -3- submit to the City Clerk new evidence of insurance in the amounts established. In the event the Consultant fails to keep in effect at all times insurance overages as herein provided, the City may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event. The Consultant agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible. Prior to commencement of the work described herein, the Consultant shall procure and maintain general comprehensive liability insurance with a combined single limit (CSL) in the amount of $1,000,000 per occurrence. b. The Certificate of Insurance will provide; 1. That the insurer will not cancel the insured's coverage without thirty (30) days prior written notice to the City. 2. That the City of Santa Clarita, its elected and appointed officers, employees, agents, and servants are held harmless and included as additional insured, but only insofar as the operations under this contract are concerned. 3. That the City will not be responsible for any premiums or assessments on the policy. c. The Consultant agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of the Agreement and shall not be for an amount less than one million dollars ($1,000,000) per occurrence. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the City. In the event the said insurance expires or is cancelled, the Consultant shall, prior to the cancellation or expiration date, submit to the City Clerk new evidence of insurance in the amounts established. In the event the Consultant fails to keep in effect at all times insurance overages as herein provided, the City may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event. Such general, public liability and property damage insurance shall also provide for and protect the City against incurring any legal cost in defending claims for alleged loss. Such general, public liability and property damage insurance shall be maintained in full force and effect throughout the term of the agreement. -4- d. Consultant is not authorized to use his or her personal motor vehicle to perform any work under the agreement unless Consultant is covered by a policy of motor vehicle liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) combined single limit. 13. COMPENSATION: The City agrees to compensate the Consultant for services on a lump -sum basis. The total budgeted amount to conduct the study is $31,235. The payments under this agreement shall not exceed $31,235.00 without prior written approval. The City agrees to compensate the Consultant for additional work not included in the proposal based on time and materials, at $80 per hour for senior engineer and $105 per hour for principal level plus expenses. Consultant shall maintain and submit to City itemized records substantiating services performed including the dates, times, and description of work. Invoices shall be submitted monthly for work performed indicating percentage of work completed. Compensation for that portion of the work which is undisputed will normally be made within 30 days upon receipt of invoice. If payment for undisputed work is not received within 30 days upon receipt by City of invoice, Consultant may suspend all work until payment is received, or terminate the unperformed portion of this agreement. 14. ATTORNEY FEES: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorney fees, which may be set by the court in the same action or in a separate action for that purpose, in addition to any other relief to which that party may be entitled. 15. TERMINATION: City makes no guarantee as to a minimum amount of work to be performed by Consultant. This agreement may be terminated with or without cause by City at any time. This agreement may be terminated by Consultant only by providing City with written notice no less than 30 days in advance of such termination. In the event of termination, Consultant will be compensated for services performed up to the point of termination. 16. Consultant affirms that the signatures set forth hereinafter in execution of this Consultant represents all individuals, firms members, partners, joint venturers, or corporate officers having principal interest herein. CONSULTANT Meyer, Mohaddes Associates Viggen Davidian P.E. 900 Wilshire Boulevard Los Angeles, California 90017 (213)488-0345 (213) 488-9440 FAX -5- CITY c/o Department of Community Development City of Santa Clarita Mr. Ed Cline, Traffic Engineer Willdan Associates 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355 (805)259-2489 AGREEMENT CONTAINS ALL UNDERSTANDING This document (including all exhibits referred to above and attached hereto) represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral This document may be amended only by written instrument, signed by both City and Consultant. All provisions of the agreement are expressly made conditions. The agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed the agreement day and year first above written. Consultant Title Consultant's License No. CITYBusiness License No. Federal Tax Identification No. Class Subscribed and sworn to this day of 11994. NOTARY PUBLIC CITY (Mayor/City Manager of the City of Santa Clarita) Attested City Clerk of the City of Santa Clarita Date Approved as to form City Attorney of the City of Santa Clarita Date RJR:IId muncl\mohaddm.pr