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PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
HARTZOG & CRABILL , INC.
17852 E. 17TH STREET, SUITE 101
TUSTIN, CA 92780
This Professional Service Agreement (“the Agreement”) is made as of June 14, 2023 (the “Effective Date”), by and between HARTZOG & CRABILL, INC. (“Consultant”), a California corporation, and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
RECITALS
A. City desires certain professional services as specified in this Agreement.
B. Consultant represents that it is qualified and able to provide City with such services.
NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.
1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.
1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through June 30, 2026 unless sooner terminated as provided in Section 5.0 of this Agreement. City may exercise up to two (2) 1-year extensions contingent on an annual appropriation of budget by the City Council and Consultant’s satisfactory performance.
3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $75,000 total or more than $25,000 per fiscal year (period between July 1 and June 30). Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing.
Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00). 2 of 14
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4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.
5.0 Termination
5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.
5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.
5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.
6.0 Reports, Information and Work Product
6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.
6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made 4 of 14
for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made.
Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.
6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.
Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.
7.0 Party Representatives
7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.
7.2. Gerald Stock is Consultant’s representative for purposes of this Agreement.
8.0 Notices
8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United 5 of 14
States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
To Consultant: HARTZOG & CRABILL, INC.
17852 E. 17th Street, Suite 101
Tustin, CA 92780
Attn: Gerald Stock
8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.0 Independent Consultant
9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s 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 failure to promptly pay to City any reimbursement or indemnification arising under this Section.
All duties of Consultant under this Section 9.2 shall survive termination of this Agreement.
9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of 6 of 14
any nature to the extent arising from Consultant’s failure to make any such payment or contribution. 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 failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive termination of this Agreement.
10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.
12.0 Insurance
12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested.
All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best’s rating no less than A:VIII unless otherwise approved in writing by City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance; (3) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 7 of 14
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.
12.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled by Consultant except after 30 days prior written notice by First Class US mail has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, and volunteers shall be excess of Consultant’s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.
12.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, and volunteers.
12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant agrees that, at the option of the City Manager, either:
(1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement. Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.
13.0 Indemnification, Hold Harmless, and Duty to Defend
13.1. Indemnity for Design Professional Services. To the maximum extent permitted by law, and to the extent caused by the acts or omissions of Consultant or its 8 of 14
employees in connection with the performance of design professional services under this Agreement, Consultant shall hold harmless and indemnify City, and its officials, officers, and employees serving as independent contractors in the role of City officials (collectively, “Indemnitees”), with respect to claims, demands, causes of action, costs, expenses liability, loss, damage or injury in law or equity, to property or persons, including wrongful death, the payment of all consequential damages, reasonable attorneys’ fees and other related costs and expenses (collectively, “Claims” hereinafter), including but not limited to Claims relating to death or injury to person and injury to property, that arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, or subcontractors, in the performance of its design professional services under this Agreement. With respect to such Claims, Consultant shall, at its own cost, expense, and risk, defend Indemnitees in action or actions field in connection with Claims with counsel of Indemnitees’ choice, and shall pay and satisfy judgment, award, or decree that may be rendered against Indemnitees to the extent cause by the acts or omissions of Consultant or its employees, as determined by judicial decision or agreement of the parties.
13.2. Other Indemnities. In connection with claims, demands, damages, liabilities, losses, costs or expenses, including reasonable attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Subsection 13.1, Consultant agrees to the maximum extent permitted by law, defend, indemnify, and hold Indemnitees free and harmless from claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in manner arising out of or incident to acts or omissions of Consultant or its employees, in connection with the performance of this Agreement, including the payment of consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City.
With respect to such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, and/or employees, for legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, or employees. All duties of Consultant under this Section shall survive termination of this Agreement
13.3. Consultant must obtain executed indemnity agreements with provisions identical to those in Sections 13.1 and 13.2 from each subcontractor or other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services.
If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, employees, subcontractors, materialmen, contractors, or their respective officers, or employees (or entity or individual that Consultant’s subcontractor shall bear the legal 9 of 14
liability thereof) in the performance of this Agreement, except for Claims arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
14.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
15.0 Labor Certification
15.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.
15.2. Consultant certifies that in the performance of this Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure, or a certificate of Workers' Compensation Insurance Coverage.
15.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.
15.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.
16.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 10 of 14
18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
21.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
22.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
23.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
24.0 Prohibited Interests; Conflict of Interest
24.1. 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 11 of 14
conflict in any manner 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 any 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 any decision made by City on any matter in connection with which Consultant has been retained.
24.2. Consultant further maintains that it has not employed or retained any 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, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
24.3. Consultant maintains that it 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 this subsection.
25.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.
26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
27.0 Corporate Authority
27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.
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Exhibit A
Scope of Services
Scope of Services found on following page
Proposal for Multi-Year Professional Services for the City of San Marino, CA
2. QUALIFICATIONS & EXPERIENCE OF FIRM & KEY TEAM MEMBERS: (cont’d) TYPICAL SERVICES:
Working with numerous Southern California cities, HCI has been responsible for directing the activities of Traffic Divisions, providing expertise to City Engineering and Planning staffs, and responding to requests, inquiries and concerns of citizens and City Council members; typical of certain needs identified by the City of San Marino’s RFP for on-call traffic engineering services.
If desired, our overall services available to the City of San Marino include the following:
Traffic signal design
Signing and striping design
Develop and implement traffic signal timing plans
Develop, design and implement traffic signal coordination systems Traffic management plans (traffic control plans)
Warrant analyses for traffic control devices, such as traffic signals, Stop signs, crosswalks Engineering and Traffic Surveys for establishing speed limits Review of traffic impact analyses
Remote and local (off-site/on-site) management of traffic signals Review all proposed improvements, development, site and traffic management plans to ensure conformance with applicable standards (City, AASHTO, Cal. MUTCD, etc.) Develop traffic-related conditions of approval for planning and development applications Identify and prepare applications for public improvement funds/grants Coordination of activities of our client cities’ traffic signal maintenance contractor Contract City Traffic Engineering
All other traffic-related impact reports, surveys and analyses From our office location, HCI also continuously operates eleven (11) agencies’ citywide traffic signal systems. The local agencies where HCI remotely operates and daily monitors the coordination timing for traffic signals are the following cities:
1) Aliso Viejo 5) Laguna Hills 9) Stanton
2) Cerritos 6) Moorpark 10) Tustin
3) Cypress 7) Rancho Santa Margarita 11) Yorba Linda
4) Indian Wells 8) San Juan Capistrano
Proposal for Multi-Year Professional Services for the City of San Marino, CA
4. PROJECT APPROACH: (continued)
In careful review of the City’s RFP, we are providing our knowledge, skill sets, qualifications, and experience related to what is being sought in Category 1: On-Call Traffic Engineering Services (as listed below):
1. Design Engineering Services (Traffic Signal, Signal Interconnect Design Plans) HCI has extensive experience in the development of traffic engineering plans, such as new traffic signal, traffic signal modification, and signal interconnect as these are among our firm’s primary service products. Upon request by the City’s contract officer, HCI will generally begin a traffic design by completing a topographic field-review of the intersection/location. More specifically, HCI staff conducts a field review to verify existing equipment and/or document roadway features including curb, gutter, median alignments, sidewalks, driveways, catch basins, curb returns, bus and bicycle routes, signing and striping. HCI also reviews the project roadways and compares the layout drawings against existing field conditions. Potential conflicts between proposed improvements and underground/overhead utilities (other infrastructure) are investigated.
HCI then prepares a base design plan using AutoCAD for the project location. After incorporating all necessary utility data, a preliminary traffic plan is prepared that takes the existing and modified street and intersection geometries into consideration, along with other factors that may influence the design and/or operation of the system. Each plan includes necessary notes/specifications for applicable equipment removal and installation.
The majority of our traffic signal design work is designed in conformance with Sections 86 and 87 of the State of California (Caltrans) Specifications and Standard Plans, latest edition, and is compliant with the City’s most current signal design standards and technical provisions. The traffic plans generally include: General and construction notes, phase diagram, conductor, detector and pole schedules, and any other details necessary for construction.
The plans are typically prepared at 20-scale or 40-scale and plotted on ‘D’ size (24”x36”) full-size sheets with standard City title block. HCI usually provides a 60% and 90%-complete progress submittal of the preliminary traffic plans to the City for design review. Comments received during the City’s review are incorporated in a timely manner into the final 100% plan submittal.
Similarly, HCI has extensive experience in the development of signing and striping plans, signing/striping modification plans, and traffic control plans. For each of these types of plans, HCI includes applicable technical provisions and engineer’s estimates that complement each plan set providing complete PS&E ready for construction bidding on time and within the City’s approved schedule. All plans are prepared under our licensed Traffic and Civil Engineers.
Proposal for Multi-Year Professional Services for the City of San Marino, CA
4. PROJECT APPROACH: (continued)
1. Design Engineering Services (Traffic Signal, Signal Interconnect, & ITS Design Plans) (cont’d) It is important to note, all of our engineering staff assigned to serve the City of San Marino have a thorough knowledge and proficiency in the local agency municipal codes, current State (Caltrans) standard plans and specifications, Highway Design Manual, Highway Capacity Manual, California Manual on Uniform Traffic Control Devices (CA MUTCD), policies and procedures for ADA regulations, traffic signal timing, traffic engineering modeling and methodologies, ITS, Federal/State/County/City funding, traffic standards and methodologies, and the State of California Vehicle Code.
Our team will provide the City with all materials and labor to perform the requested traffic engineering design services and conform to these standards. In addition to our technical expertise, our staff possesses the ability to effectively communicate in oral or written form and have no difficulty speaking before groups. HCI staff will attend City staff, City Council, Planning Commission, and any other extraordinary meetings or events, as needed and requested by City.
HCI staff does have the expertise to complete all traffic engineering services as listed in the City’s RFP, including cooperatively working with various agencies such as Caltrans and Los Angeles County.
2. Plan-Checking Services / Private Development Plan-Check HCI understands that the on-call professional engineering services that may be requested by the City’s contract officer may involve plan-check services for the consultant to provide on behalf of the City, in accordance with current Traffic Engineering and Traffic Operations principles and design requirements. As our firm specializes in providing traffic engineering services to local agencies, HCI staff have reviewed and plan-checked countless traffic plans over the past (29) years for numerous cities. As an approved consultant, upon request HCI will perform plan checks and reviews in accordance with any applicable City Design Manual, Standard Plans, Technical Provisions, Planning and Design Guidelines for Bicycle Facilities, and Transportation Guidelines, Caltrans Highway Design Manual, CA MUTCD, and the Caltrans Standard Plans and Specifications.
HCI’s experience and expertise allows quick and complete site plan review for all types of traffic engineering applications, as well as certain civil applications, to determine conformance to traffic, parking, access, street and pavement, subdivision requirements, meetings with developers or contractors to resolve traffic issues.
Upon request, HCI staff will red-line a plan and/or render and remit a typed plan-check correction/clarification list (2 copies) to the Public Works Department/Engineering Division within (10) working days from notification by the City for a typical development project.
HCI’s traffic plan review check list is comprised of the following:
Proposal for Multi-Year Professional Services for the City of San Marino, CA
4. PROJECT APPROACH: (continued)
If requested, our reviews conclude with developing detailed, project-specific Conditions of Approval for the City’s consideration. It is noted that many development-related services such as the review of street improvement or traffic signal plans are project specific and are treated as recoverable project costs. With our internet based tools and 12-person available staff, HCI is very capable of taking on and efficiently managing multiple design/review projects.
3. Other Traffic/Transportation Engineering Services, including Reports & Surveying Warrant Analyses/Reports
Our staff also prepares numerous warrant analysis and traffic operations reports every year for various city agencies, such as traffic signal warrants, left-turn phasing warrants, multi-way stop warrants, operational level-of-service (LOS), queuing analyses, flashing beacon warrants, traffic calming studies, traffic signal master plans, citywide Engineering and Traffic (E&T) surveys for speed limits, etc. Upon City request, HCI staff also completes field reviews for sight distance, order applicable vehicular and pedestrian count data, and quickly gathers, prepares, and analyzes SWITRS collision data (via i-SWITRS website), prepares exhibits, and develops reports for literally hundreds of traffic studies for our client cities.
Upon request by the City’s contract officer, HCI will also provide critical intersection calculations, as we do for several of our client city agencies on a bi-annual basis, for compliance with the region’s Congestion Management Program (CMP) and Highway Performance Monitoring System (HPMS). In regards to the CMP, HCI typically gathers peak-hour turning movement counts for the specified intersections, and applies these traffic volumes, number of lanes for each approach leg, and traffic signal timing to obtain an intersection LOS.
More specifically, HCI utilizes the Intersection Capacity Utilization (ICU) or the Highway Capacity Manual (HCM) methodologies, as appropriate, to complete peak-hour intersection levelof-service (LOS) calculations. Typically, HCI uses the HCM methodology to determine LOS at traffic signalized intersections using the Synchro Traffic Signal software, unless the ICU methodology is specified. HCI then reviews the results, determines applicable deficiencies, and provides a recommendations report to the City for improving LOS to acceptable standards, such as additional lanes, protected left-turns, overlap phases, and signal timing.
Software
HCI uses state-of-the-art licensed AutoCAD software, as well as the Microsoft Office suite of programs, Synchro 11, and Adobe & Nitro PDF programs on our office computers. More specifically, our designers use the AutoCAD software for all of our design plan work, which typically include traffic signal plans (new or modification), signing and striping plans, signal interconnect plans, certain civil plans, and report exhibits. All of our staff’s computers use the Microsoft Office programs (including Excel, Word, Outlook, & Powerpoint, etc.) to complete various reports, memos, specifications, and estimates as part of the requested PS&E design work.
Proposal for Multi-Year Professional Services for the City of San Marino, CA
4. PROJECT APPROACH: (continued)
3. Other Traffic/Transportation Engineering Services, including Reports & Surveying (cont’d) Software (cont’d)
In regards to Simulation/Modeling, our engineers use the Synchro program, as well as the latest Tru-Traffic time-space coordination timing software, for various timing development and evaluations, modeling and simulations. HCI is very familiar with Synchro, which uses the Highway Capacity Manual (HCM) methodology for corridor timing development.
TRAFFIC SIGNAL OPERATIONS SUPPORT SERVICES:
It is noted, we are including an explanation of our on-going traffic signal monitoring support services for the City’s review. We understand these particular services are not needed or included in the RFP; however, they are provided as part of our experience information for the City’s consideration.
As mentioned, HCI currently manages the traffic signals and signal systems of (11) Southern California cities on a daily basis. Consequently, we have a very good understanding and are infinitely familiar with both the Econolite control equipment as well as the Centracs and Aries Traffic Management System softwares for traffic signal systems management. In regards to coordination timing and separate time-referencing devices, all signal controller time clocks that we manage are constantly updated through our Centracs and Aries Traffic Management softwares, which are always connected to the GPS time via internet.
HCI’s project-specific experience includes extensive knowledge on the local agency’s signal controllers. HCI staff continuously (daily) interfaces with the signal controllers in our client cities which currently use the Econolite ASC/2S, ASC/3, and the latest Cobalt system controllers, the ASC/2M master controllers, and managed by the Centracs and Aries Traffic Signal Management systems.
HCI staff’s “hands-on” traffic signal timing experience comprises all levels of timing applications, including timing input into signal system controllers manually and from our traffic signal management center through our licensed system software, designing and installing special “custom” traffic signal operational circuitry, and maintaining signal interconnect operations.
Our same team members have been working with several City staffs during the past several years in monitoring their City’s systems. In conjunction, HCI staff continues our on-going excellent relationships with most traffic signal, lighting, and signal maintenance contractors (and their technicians) including Econolite (Aegis), Siemens ITS, Crosstown/Computer Services Company (CSC), Bear Electric, St. Francis, as well as with Caltrans and the Counties of Los Angeles, Orange, and Riverside for any shared City/State or City/County intersections.
Proposal for Multi-Year Professional Services for the City of San Marino, CA
4. PROJECT APPROACH: (continued)
Lastly, throughout the past years, HCI has maintained a good working relationship with Caltrans, as several projects have been implemented that successfully interfaced with freeway interchange traffic signal systems.
APPROACH:
The specific approach to our on-going traffic signal operations and timing management services that HCI provides to our client agencies includes the following:
HCI typically provides a Traffic Signal Systems Specialist for the monitoring support on all the City’s traffic signals. The Specialist sets up the Scheduled Operations on the Centracs or Aries Traffic Management systems specifically for our client City’s systems in order to automatically perform a variety of tasks. Specifically, the Centracs/Aries functions and Specialist’s time spent on these services include performing the following daily sub-tasks:
1. The Scheduled Operations automatically gather and store historical data and real-time information on all the City’s traffic signal operations programmed;
2. The data is reviewed daily to verify that all traffic signals are working properly;
3. Any malfunctions logged are immediately reported to the City’s designated traffic signal maintenance contractor, for dispatch;
4. The historical data is also analyzed to identify traffic volumes and patterns in order to assist in determining if adjustments to signal timing is necessary;
5. Verify if all timing is programmed correctly in each master and local controller.
HCI staff typically reports traffic signal problems and malfunctions to the City’s traffic signal maintenance contractor within (24) hours. HCI staff coordinates all work associated with the City’s contractor and also provides verification to the City of their completed work. HCI staff often assists the City in resolving traffic signal complaints by speaking by phone/email/in person with the resident(s)/City personnel on their specific request/complaint. HCI staff completes the necessary investigation and makes recommendations to the City on identified traffic signal improvements, such as equipment upgrade, more efficient signal phasing, significant timing adjustments, any new coordinated signal control systems, etc.
Upon request, HCI staff may also drive each project arterial during peak-periods in order to verify and fine-tune coordination timing. If necessary and approved by the City, HCI also coordinates/gathers updated traffic counts as part of the investigation.
The above approach has proven to be a valuable service to our client cities, as the on-going scheduled signal management has minimized overall time in troubleshooting, repair, and maintenance company efforts by City staff on their citywide traffic signal systems. In turn, this controlled management service actually saves the City on the amount of time and personnel required to monitor and repair signal related issues.
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Exhibit B
Fee Schedule
Fee Schedule found on the following page
Hartzog & Crabill
Consulting Engineers
17852 E. 17th Street, Suite 101, Tustin, CA 92780 (714) 731-9455 Schedule of Hourly Rates
Classification Hourly Rates
Expert Witness / Deposition....................................................................................... $290 Litigation Consultation............................................................................................... $260 Two-Person Survey Crew........................................................................................... $260 Litigation Field Evaluation......................................................................................... $235 Principal Consultant......................(Tram Hartzog & Jerry Stock, PE, TE)........... $180 Project Manager.......................................................................................................... $170 Registered Land Surveyor........................................................................................... $165 Senior Engineer……(Scott Ma, PE, TE, Bernie Dennis, TE, & Doug Anderson). $155 Storm Water Permit Compliance Engineer................................................................. $155 Associate Engineer.........................(Michael Vallado)................................................ $150 Construction Manager................................................................................................. $140 Traffic Signal System Supervisor…(Greg Cabey)...................................................... $140 Mural Artist.................................................................................................................. $140 Senior Designer..............................(Todd Hartzog & Dave Martorano)................... $135 Traffic Signal Systems Specialist...(Dave Pickrell & Michael Powers)..................... $130 Assistant Engineer........................................................................................................ $125 Draftsperson.................................................................................................................. $105 Technician..................................................................................................................... $ 90 Word Processor............................................................................................................. $ 75 Clerical.......................................................................................................................... $ 60 * Traffic Counts (Cost, plus 15%)............................................................................ $ * Note: Out of pocket expenses (blueprinting, reproduction, printing and delivery service) will be invoiced at Cost. These other direct costs are included in the not-to-exceed values for the aforementioned scope of services. A 15% fee for administration, coordination and handling will be added to subcontracted services. This Schedule of Hourly Rates is effective as of July 1, 2022. Rates may be adjusted after that date to compensate for increases of inflationary trends.
Mileage shall be per current IRS rate. Rate can be found at the following link:
https://www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2023-business-useincreases-3-cents-per-mile..