HomeMy WebLinkAbout1992-06-02; City Council; 11703; 1992 GROWTH MANAGEMENT PLAN TRAFFIC MONITORING PROGRAMz 3 0 0
3. Consultant Agreement with JHK & Associates.
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CITY OF OCEANSIDE
CITY OF VISTA
- INTERSECTION COUNTS
H - MID-BLOCK COUNTS
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AGREEMENT FOR CONSULTANT
TRAFFIC ENGINEERING SERVICES
THIS AGREEMENT., made and entered into as of the @ dayof ,& ” ,1
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as If(
and JHK and Associates, hereinafter referred to as “Consultant.”
RECITALS
City requires the services of JHK and Associates to provide traffic engineering consul
services for the 1992 Growth Management Plan Traffic Monitoring Program; and
Consultant possesses the necessary skills and qualifications to provide the services requ
by the City;
NOW, THEREFOdE, in consideration of these recitals and the mutual covenants contai
herein, City and Consultant agrees as follows:
1. CONSULTANT’S OBLIGATIONS
Consultant shall complete the 1992 Growth Management Plan Traffic Monitoring Pro@
in conformance with the provisions of its proposal to the City of Carlsbad dated May 5, 1992 i
attached hereto as Exhibit A.
2. CITY OBLIGATIONS
City shall provide all relevant data at its disposal relative to the proposed study and as
in obtaining additional data from other agencies to allow the expeditious completion of the SC~
of services as outlined in Exhibit A.
3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten (10) days after receipt of notificat
to proceed by the City and be completed within the schedule provided in Exhibit A. Extensions
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time may be granted if requested by the Consultant and agreed to in writing by the City En@
In consideration of such requests, the City Engineer will give allowance for documented
substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the
of the Consultant, or delays caused by City inaction or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The lump sum fee payable according to Paragraph 5, "Payment of Fees," shall be thk~
thousand and eight hundred dollars ($35,800). No other compensation for services will be allc
except those items covered by supplemental agreements per Paragraph 7, "Changes in Work.
5. PAYMENT OF FEES
Payment of fees shall be within thirty (30) days after approval of the progress estimat
the City Engineer. Progress payment shall be based on the estimated percentage of completic
each Phase or Task as presented in the proposed cost estimate.
6. PROJECT STAFFING
Mr. William R. Reilly shall be the officer in responsible charge of the study and Brk
Shields shall serve as Project Director. No substitution of the project management shall be allc
without written approval of the City Engineer.
7. CHANGES IN WORK
If, in the course of this Agreement and design, changes seem merited by the Consulta
the City, and informal consultations with the other party indicate that a change in the condil
of the Contract is warranted, the Consultant or the City may request a change in Agreement. !
changes shall be processed by the City in the following manner: A letter outlining the req1
changes shall be forwarded to the City or Consultant to inform them of the proposed changes a
with a statement of estimated changes in charges or time schedule. After reaching mu
agreement on the proposal, a supplemental agreement shall be prepared by the City and apprc
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by the City Council. Such supplemental agreement shall not render ineffective or inval
unaffected portions of the agreement. Changes requiring immediate action by the Consulta
City shall be ordered by the City Engineer who will inform a principal of the Consultant's fir
the necessity of such action and follow up with a supplemental agreement covering such wo
8. DESIGN STANDARDS
The Consultant shall prepare the plans and specifications in accordance with the dc
standards of the City of Carlsbad and recognized current design practices. Applicable Ci
Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of
standards shall be obtained from the City of Carlsbad.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any compar
person, other than a bona fide employee working for the Consultant, to solicit or secure
agreement, and that Consultant has not paid or agreed to pay any company or person, other
a bona fide employee, any fee, commission, percentage, brokerage fee, @, or any (
consideration contingent upon, or resulting from, the award or making this agreement. For br
or violation of this warranty, the City shall have the right to annul this agreement without liab
or, in its discretion, to deduct from the agreement price or consideration, or otherwise recove
full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal Ordinances regar
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or perform the WOI
provided for in this Agreement, the City may terminate this Agreement for nonperformanc
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notifying the Consultant by certified mail of the termination of the Agreement. The Consul1
thereupon, has five (5) working days to deliver said documents owned by the City and all WOI
progress to the City Engineer. The City Engineer shall make a determination of fact based I
the documents delivered to City of the percentage of work which the Consultant has perfor
which is usable and of worth to the City in having the Agreement completed. Based upon
finding as reported to the City Council, the Council shall detemine the final payment of
Agreement. Final payment shall be in compliance with the Code of Federal Regulations.
12. DISPUTES
If a dispute should arise regarding the performance of work under this agreement,
following procedure shall be used to resolve any question of fact or interpretation not other
settled by agreement between parties. Such questions, if they become identified as a part
dispute among persons operating under the provisions of this Agreement, shall be reduce
writing by the principal of the Consultant or the City Engineer. A copy of such documented dis
shall be forwarded to both parties involved along with recommended methods of resolution w
would be of benefit to both parties. The City Engineer or principal receiving the letter shall 1
to the letter along with a recommended method of resolution within ten (10) days. U
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute
be forwarded to the City Council for their resolution through the Office of the City Manager.
City Council may then opt to consider the directed solution to the problem. In such cases
action of the City Council shall be binding upon the parties involved, although nothing in
procedure shall prohibit the parties seeking remedies available to them at law.
13. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional traffic engineering services and any pap
made to Consultant are compensation solely for such services. Consultant shall certify as tc
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correctness of all traffic engineering studies submitted by stamping and sealing such studies
Registered Traffic Engineer.
14. SUSPENSION OR TERMINATION OF SERVICES
This Agreement may be terminated by either party upon tendering thirty (30) days wr
notice to the other party. In the event of such suspension or termination, upon request of the (
Consultant shall assemble the work product and put same in order for proper filing and closing
deliver said product to City. In the event of termination, the Consultant shall be paid for v
performed to the termination date; however, the total shall not exceed the guaranteed t
maximurn. The City shall make the final determination as to the portions of tasks completed
the compensation to be made. Compensation to be made in compliance with the Code of Fed
Regulations.
15. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant's own wq
an independent contractor and in pursuit of Consultant's independent calling, and not as
employee of the City. Consultant shall be under control of the City only as to the result tc
accomplished and the personnel assigned to the project, but shall consult with the City as provi
for in the request for proposal.
The Consultant is an independent contractor of the City. The payment made to
Consultant pursuant to this Agreement shall be the full and complete compensation to which
Consultant is entitled pursuant to this Agreement. The City shall not make any federal or state
withholdings on behalf of the Consultant. The City shall not be required to pay any work
compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify the <
for any tax, retirement contribution, social security? overtime payment, workers compensat
payment which the City may be required to make on behalf of Consultant or any employee
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Consultant for work done under this Agreement.
The Consultant shall be aware of the requirements of the Immigration Reform and Co
Act of 1986 and shall comply with those requirements, including but not limited to verifyin:
eligibility for employment of all agents, employees, sub-contractors and consultants tha
included in this agreement.
16. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform to alp appli
requirements of law: Federal, State and local. Consultant shall provide all necessary suppc
documents, to be filed with any agencies whose approval is necessary.
The City will provide copies of the approved plans to any other agencies.
17. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and specifications as herein required ar
property of the City, whether the work for which they are made be executed or not. In the f
this Agreement is terminated, all documents, plans, specifications, drawings, reports and stl
shall be delivered forthwith to the City- Consultant shall have the right to make one (I) col
the plans for hisher records.
18. HOLD HARMLESS AGREEMENT
The City, its agents, officers and employees shall not be liable for any claims, liabil
penalties, fines, or any damage to goods, properties, or effects of any person whatever, no
personal injuries or death caused by, or resulting from, or claimed to have been caused b:
resulting from, any act or omission of Consultant or Consultant's agents, employee
representatives. Consultant agrees to defend, indemnify, and save free and harmless the CiQ
its authorized agents, officers and employees against any of the foregoing liabilities or claims o
kind and any cost and expense that is incurred by the City on account of any of the fore2
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liabilities, including liabilities or claims by reason of alleged defects in any plans and specificat
unless the liability or claim is due, or arises out of, solely to the City's negligence.
19. ASSIGNMENT OF AGREEMENT
The Consultant shall not assign this Agreement or any part thereof or any monies
thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under this Agree]
by the Consultant, Consultant shall be fully responsible to the City for the acts and omissi01
Consultant's subcontractor and of the persons either directly or indirectly employed by
subcontractor, as Consultant is for the acts and omissions of persons directly employed by Co:
tant. Nothing contained in this Agreement shall create any contractual relationship between
subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and e
subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's \
unless specifically noted to the contrary in the subconltract in question approved in writing bj
City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to negot
make, accept, or approve, or take part in negotiating, making, accepting, or approving of
architectural, engineering inspection, construction or material supply contractor, or
subcontractor in connection with the construction of the project, shall become directly or indirt
interested personally in this Contract or in any part thereof. No officer, employee, archi
attorney, engineer, or inspector of or for the City who is authorized in such capacity and on be
of the City to exercise any executive, supervisory, or other similar functions in connection with
performance of this Agreement shall become directly or indirectly interested personally in
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Agreement or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the City, e
before, during, or after the execution of this Agreement, shall affect or modify any of the ten
obligations herein contained nor shall verbal agreement or conversation entitle the Consulta
any additional payment whatsoever under the terms of this Agreement.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all terms, condit
and provisions hereof shall insure to and shall bind each of the parties hereto, and each of
respective heirs, executors, administrators, successors, and assigns.
24. EFFECTIVEDATE
This Agreement shall be effective on and from the day and year first above written.
25. CONFLICT OF INTEREST
The Consultant shd file a Conflict of Interest Statement with the City Clerk of the Ci
Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Cot
26. INSURANCE
The Consultant shall obtain and maintain a policy of liability insurance from an insu
company authorized to be in business in the State of California, in an insurable amount of not
than one million dollars ($l,OOO,OOO), This insurance shall be in force during the life of
agreement and shall not be canceled without ten (10) days prior notice to the City.
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The City shall be named as additionally insured on this policy. The Consultant shall hi
a certificate of said insurance to the City upon request.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
JHK & Associates
APPROVED AS TO FORM: ATTEST:
lldl.xL 6kQ-
ALETHA L. RAUTENKRANZ
City Clerk
Lnhg-, RONALD R. BALL
Acting City Attorney
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j hk & associates
May 5,1992 ATzpi$/7
1dAY OG 1992 Mr. Robert T. Johnson, Jr., P.E.
Engineering Department CNGINEE21NG DEFAR' 2075 Las Paimas Drive Carlsbad, California 92009-4859
Re: 1992 Growth Management Project (JHK 9168W)
Dear Mr. Johnson:
As requested JHK & Associates (JHK) has developed a Scope of Services and c estimate summary to complete the 1992 Growth Management Plan Traffic Monitor Program. This estimate is based on the actual cost incurred by JHK to complete the 19 1990 and 1991 Growth Management Plan Traffic Monitoring Programs. The project c
reports for this previous work allowed JHK to better determine accurate budgets for e of the following items included in this proposal:
City Traffic Engineer CITY OF CAWLSE
Manhour Estimates for Professional and Support Staff
Direct Costs for Temporary Employees
MileageandPrinting
Based on our prior experience in completing the 1989,1990 and 1991 studies,
William R. Reilly, P.E., will serve as Responsible Officer and lead the Execu Review Team. His involvement along with Mr. Frank G. Castro, P.E., will ensure the Project Team consistently maintains high levels of quality control. Mr. Briar Shields will serve as Project Director for JHK and will be responsible for overall pro management and production scheduling. His experience with traffic operations capacity analysis will be useful in developing the final report. Mr. Shields, a Registr
Traffic Engineer, will also sign and seal the report. In addition, Mr. Daniel F. Mmm ensure that the report addresses any future planning issues relevant to the city. Fin2
data collection and reduction will be coordinated under the supervision of Mr. Kaz Kawamura. Mr. Kawamura's heavy involvement in the preparation of the 1990 and 1 Growth Management Plan Traffic Monitoring Programs will be invaluable for the 1 Program.
total estimate to provide the services described in this proposal is $35,800 (see Table 1).
The following is a description of the scope of work by task.
8989 Rio San Diego Drive 0 Suite 335
San Diego, California 92108 (619) 295-2248 FAX (619) 295-2393
0 0 jhk t
Mr. Robert TI-Johnson, Jr. May5,1992 Page Two
Task I Project Orientation and Coordination
The initial task of the project is to become familiar with the study area and introd\ key JHK personnel to City staff. A project orientation meeting will be held to discuss coordination of intersection counts with mid-block counts. At this meeting count schedu for both intersection and mid-block locations will be submitted.
Task I1 - Data Collection
Data collection will be performed at 40 intersections (Exhibit 1) and 25 mid-blo locations (Exhibit 2). A temporary employment agency will be used to process payroll 1 temporary personnel needed to complete the data collection for the intersections. JHK u instruct all temporary personnel on the proper data collection techniques. The data will collected for the same time periods identified in previous Growth Management Plan Traf Monitoring Programs and will consist of three hours for both the morning and eveni
peak periods. The data collection will be supervised by JHK staff. Field sketches will drawn of intersection geometrics, and these geometrics will be used as input for I(
analysis. The data will then be reviewed for accuracy and directional discrepancies.
Similar to the last three years, JHK will also collect data at unsignalized locatio In order to determine the accuracy of the unsignalized intersection LOS values, JHK u conduct delay studies during the peak hour volume counts. This data will help ver recently established procedures covering unsignaaized intersection LOS calculations.
Mid-block counts will be performed according to the current standards determir in the 1989,1990 and 1991 Growth Management Plan Traffic Monitoring Programs. T
consecutive 24-hour counts will be performed using dual tube set ups. These cou should be completed within five weeks. Intersection turn movement counts will performed in conjunction with nearby mid-block counts. 3HK will coordinate t placement of the counters with City staff and monitor and review the data collection at the mid-block locations. With JHK staff responsible for this portion of Task I1 many potent discrepancies will be avoided.
Task 111 - Data Reduction
To meet time constraints for the delivery of the draft 1992 Growth Managemt
Plan Traffic Monitoring Program in late September, the data reduction will need to efficiently timed with the data collection. The data reduction for the intersections 'H conform to the format of the previous Growth Management Plan Traffic Monitori
Programs with the incorporated changes. This data will be reviewed and checked ! directional errors. The ICU will also be reviewed and verified for operational consistenc Signalized intersections will be analyzed using the ICU Heavy Demand procedure.
0 0 jhk i
Mr. Robert T; -Johnson, Jr.
May 5,1992 Page 3
The data reduction for mid-block locations will be reviewed by JHK to ensure tl directional distribution and peak hour data are accurate. The format will conform to i mid-block summary configuration of the 1990 and 1991 Growth Management Plan. T1 format included a tabular and graphical summary of the mid-block data.
Task IV - Final Report Preparation
The Final Report will be prepared similar to the 1989, 1990 and 1991 Grov
Management Plan Traffic Monitoring Programs. Eleven copies will be provided, i punched and in three ring binders and one unbound copy. To meet with time constrail the first draft submittal by JHK will be September 21,1992 with approximately four wet for City staff review and comment.
Task V - HCM Signalized Intersection Capacity Analysis (Optional)
The development of the 1985 HCM software for capacity analysis at signaliz intersections has started the slow process of unifying capacity analysis techniqu Although current application has been occasionally questioned, the method of includi phasing, percent green time, and stop time delay has been recognized as the most compll analysis available. It is the opinion of JHK that the conversion to the use of HC intersection capacity analysis will continue as the program is continually refined McTrans. With this in mind, JHK offers Task V as an optional task. Task V will con5 of the analysis of all intersections that test at level of service C or worse under the I( procedure by utilizing HCM analysis for that period. Level of Service C was chosen as
threshold for this task based upon work completed in Chula Vista where levels of serv comparisons between the two analysis procedures revealed that HCM was generally c level of service worse than ICU. That is to say LOS C in the ICU analysis could possil be LOS D under HCM analysis. Field estimates will be made concerning signal timi grades, progression and other characteristics. These characteristics will be incorpora into each HCM analysis. The City would need to provide JHK with current signal tim
charts for the critical locations. The analysis would be performed and summarized ap
provided to the City in a letter report format. Task V has been included in the proposal o
per intersection basis to allow for the correct number of intersections to be analyzed.
from the 1992 Growth Management Plan Traffic Monitoring Program and would
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0 0 jhk a
Mr. Robert TI-Johnson, Jr. May 5,1992 Page 4
JHK is pleased to be considered for the 1992 Growth Management Plan Traf
Monitoring Program. Our previous work with the City staff will make the coordinati and operation of the 1992 program more efficient. We look forward to again working WI you. If any questions arise please contact myself or Mr. Brian C. Shields.
Sincerely,
JHK & Associates * 8U /FQR
William R. Reilly Senior Vice President
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EXHIBIT 1
ecaon Co- in 1992
1. 2. 3. 4,
5.
6. 7. 8. 9. 10. 1 1. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2 1. 22. 23 24: 25. 26. 27. 28. 29. 30. 3 1. 32. 33. I-S/C!annon Road S/B Ramp 34. I-S/C!annon Road N/B Ramp 35.
37. I-S/Pohsettia Lane S/B Ramp 38. I-S/Pohse#ia Lane N/B Ramp 39. 40.
El Caminad and Marron Road El Camino Real and Carlsbad ViUage Drive El Camino Real and Tamarack Avenue El Carnino Real and College Boulevard El Camino Real and Faraday Avenue
El Camino Real and Palomar Airport Road El Camino Real and Alga Road El Camino Real and La Costa Avenue El Camino Real and Olivenhain Road Palomar Airport Road and Avenida Encinas Palomar Airport Road and Paseo Del Norte Palomar Airport Road and College Boulevard Palomar Airport Road and El Fuerte Street Palomar Airport Road and Business Park Drive Carlsbad Boulevard and Carlsbad Village Drive Carlsbad Boulevard and Tamarack Avenue
Carlsbad Boulevard and Cannon Road Carlsbad Boulevard and Poinsettia Lane Rancho Santa Fe Road and Melrose Drive Rancho Santa Fe Road and La Costa Meadows Drive Rancho Santa Fe Road and Questhaven Road
Rancho Santa Fe Road and La Costa Avenue Rancho Santa Fe Road and Olivenhain Road/camfno Alvaro Carlsbad Village Drive and Harding Street Carlsbad Village Drive and Pi0 Pic0 Drive Poinsettia Lane and Batiquitos Drive Poinsettia Lane and Paseo Del Norte Poinsettia Lane and Avenida Encinas Tamarack Avenue and Pi0 pic0 Drive Alga Road and El Fuerte Street Grand Avenue and State Street College Boulevard and Faraday Avenue
I-SPalomar Airport Road S/B Ramp 36. I-5/Palon~~ Airport Road N/B Ramp
I-S/La Costa Avenue S/B Ramp I-S/La Costa Avenue N/B Ramp
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EXHIBIT2
Mid-Block Count J mations in 1992
1. 2. 3.
5. 6. 7. 8. 9. 10. 1 1. 12. 13. 14. 15. 16. 17.
18. 19. 20. 2 1.
22. 23. 24.
25.
Palomar &port Road east of future Melrose Drive Palomar Aqort Road between El Camino Real and El Fuerte Street Palomar Airport Road between Yarrow Drive and El Camino Real
El Carnino Real between Marron Road and Plaza Drive El Camino Real between Kelly Drive and Tamarack Avenue El Camino Real between Palomar Airport Road and Faraday Avenue
El Camino Real between Alga Road and La Costa Avenue El Camino Red between Levante Street and Olivenhain Road Carlsbad Boulevard between Mountain View Drive and State Street Carlsbad Boulevard between Cannon Road and Cerezo Drive Carlsbad Boulevard between Poinsettia Lane and Palomar Airport Road
Olivenhain Road between El Camino Real and Amargosa Drive La Costa Avenue between Pireaus Street and Saxony Road La Costa Avenue between Cadencia Street and Romeria Street Rancho Santa Fe Road between Melrose Drive and La Costa Meadows Drive Rancho Santa Fe Road between Questhaven Road and Cadencia Street
Rancho Santa Fe Road between Olive&& Road and Avenida La Posta Carlsbad Village Drive between Victoria Avenue and Pontiac Drive Poinsettia Lane between Paseo Del Nom and Batiquitos Drive Alga Road between El Camino Real and Manzanita Drive Tamarack Avenue between El Camino Real and Portalada Drive Paseo Del Norte between Poinsettia Lane and Camino De Las Ondas Paseo Del Norte between Camino Del Parque (north) and Palomar Airport Road Paseo Del Norte between Palomar Airport Road and Car Country Drive
4, Palomar Airport Road benveen Pax0 Del Nom and College Boulevard
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RESOLUTION NO. 9 2 - 14 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE CONSULTANT
AGREEMENT FOR THE 1992 GROWTH MANAGEMENT
PLAN TRAFFIC MONITORING PROGRAM.
WHEREAS, the Engineering Department of the City of Carlsbad previously
proposals from qualified consulting traffic engineering firms to perform tl
monitoring program of the Growth Management Plan; and,
WHEREAS, the City Council of the City of Carlsbad hereby finds it r
desirable and in the public interest to extend the consultant agreement wit
Associates of San Diego, California to provide services for said project; and,
WHEREAS, the City of Carlsbad has previously collected Traffic Impact Fe
said project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1.
2.
That the above recitations are true and correct.
That the consultant fee of $35,800 will be charged to thc
Management Plan Traffic Monitoring Program (310-820-1840-3316).
3. That the consultant agreement with JHK & Associates is hereby
and the Mayor and City Clerk are hereby authorized and directed to execute :
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agreement. Following the Mayor's signature of said agreement, the City Clerk
authorized and directed to forward a copy of said agreement and this Resolutic
& Associates, Attn: William R. Reilly, 8989 Rio San Diego Drive, Suite 335, S
California 92108.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl
, 1992 by the following vote, to wit Council held on the 2nd day of June
AYES: Council Members Lewis, Kulchin, Larson, Stanton t
NOES: None
ABSENT: None
r
ATTEST:
op
M$m%WLJTE&-
(SEAL)
..