HomeMy WebLinkAboutContracts & Agreements_180-2004_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR BARTON ROAD AND SAN TIMOTEO CANYON ROAD TRAFFIC SIGNAL PROJECT
This Agreement is made and entered into this 16th day of November, 2004 by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Albert A. Webb Associates hereinafter
("Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform engineering services which are more particularly
described in Attachment "A" attached hereto and incorporated herein by this reference (the
"Services") for designing traffic signal, signing, striping, and radius curb returns.
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1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents
that it has the skill and the professional expertise necessary to provide the Services to City at a level
of competency presently maintained by other practicing professional consultants in the industry
providing similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are more particularly described in Exhibit
"A." which is attached hereto and incorporated herein by this reference.
2.2 Consultant shall comply with all applicable Federal, State and local laws in its performance of the
Services including,
a, but not limited to, all California Labor Code requirements and non-
discrimination laws including the Federal Americans with Disabilities Act and the state's Fair
Employment and Housing Act.
2.3 Consultant acknowledges and agrees that if it violates the provisions of the California Labor Code
relating to prevailing wage that City may withhold payments to Consultant pursuant to Labor Code
sections 1726, 1.727 and 1771.6.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in City's possession that is relevant to the
performance of Consultant's Services.
3,22 City will make provision for Consultant to enter upon City-owned property to perform the Services.
3.3 City designates William B. Hemsley to act as its representative with respect to the Services to be
performed under this Agreement.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner. The Services may
commence on November 17, 2004 and shall end on February 28, 2005, unless an extension Is
approved by City.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of
$19,800 in accordance with the schedule as set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference.
5.2 Within ten days following the end of each month Consultant shall submit an invoice to City
indicating the portion of the Services performed, who performed the Services, indirect costs, and
the detailed cost of all Services including backup documentation. Payments by City to Consultant
shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable
to Consultant.
5.3 All notices, bills and payments shall be made in writing and may be given by personal delivery or
by mail. Notices, bills and payments sent by mail shall be addressed as follows:
ciiL Consultant
William B. Hernsley Dilesh Sheth, PE, TE
City of Redlands Albert A. Webb Associates
Public Works Department 3788 Mc Cray St
PO Box 3005 Riverside, CA 92506
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices
and payments are to be given by giving notice pursuant to this section.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant during its
performance of the Services and shall be primary with respect to City and non-contributing to
any insurance or self-insurance maintained by City. Consultant shall not commence the
Services unless and until all required insurance listed below is obtained by Consultant and
Certificates of Insurance and endorsements evidencing such insurance are presented to City.
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All insurance policies shall include a provision prohibiting cancellation, except upon thirty (30)
days prior written notice to City.
6.21 Workers' Compensation and Employer's Liability
A.Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout its performance of the Services in amounts which meet statutory
requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City, its elected officials and
employees for losses arising from work performed by Consultant for City by expressly
waiving Consultant's immunity for injuries to Consultant's employees. Consultant agrees
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that its obligation to indemnify, defend and hold harmless provided for in this Agreement
extends to any claim brought by or in behalf of any employee of Consultant. This waiver is
mutually negotiated by the parties. This section shall not apply to any damage resulting from
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the sole negligence of City, its agents or employees, the obligations provided herein to
indemnify, defend and hold harmless are valid and enforceable only to the extent of the
negligence of Consultant, its officers, agents and employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout its performance of the Services comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.4 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout its performance of the Services in the amount of one million dollars
($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate.
6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of one million dollars ($1,000,000) per occurrence, combined single
limit for bodily injury liability and property damage liability. This coverage shall include all
Consultant-owned vehicles used in connection with its performance of the Services, hired
and non-owned vehicles, and employee non-ownership vehicles. Consultant shall obtain an
endorsement that City shall be named as an additional insured.
6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from assigning
any of the Services without the prior written consent of City. In the event of mutual
agreement between the parties to sublet or assign a portion of the Services, Consultant shall
add the assignee as an additional insured to Consultant's insurance policies and provide City
with insurance endorsements prior to any Services being performed by the assignee.
Assignment does not include printing or other customary reimbursable expenses that may be
provided in this Agreement.
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6.7 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold harmless
City, its elected officials, officers, employees and agents from and against any and all
actions, claims, demands, lawsuits, losses and liability for damages to persons or property,
including costs and attorney fees, that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of or in connection with
Consultant's negligent and/or intentionally wrongful acts or omissions in performing the
Services; but excluding such actions, claims, demands, lawsuits and liability for damages to
persons or property arising from the sole negligence or intentionally wrongful acts of City, its
officers, employees or agents.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled
to the recovery of its reasonable attorneys' fees.
7.2 Consultant's key personnel for the Project are:
Consultant agrees that these key people shall be made available and assigned to perform the
Services and that they shall not be replaced without concurrence from City.
7.3 All documents, records, drawings, designs, cost estimates, electronic data files, databases and
other documents developed by Consultant pursuant to this Agreement and any copyright
interest in such documents shall become the property of City and shall be delivered to City
upon completion of the Services, or upon the request of City. Any reuse of such documents
and any use of incomplete documents will be at City's sole risk.
7.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services described in this Agreement. All
personnel employed by Consultant are for its account only, and in no event shall Consultant
or any personnel retained by it be deemed to have been employed by City or engaged by City
for the account of or in behalf of City.
7.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
7.6 This Agreement may be terminated by City, without cause, by providing five (5) days prior
written notice to Consultant (delivered by certified mail, return receipt requested) of intent to
terminate.
7.7 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but no amount shall be allowed for anticipated profit or unperformed Services, and
any payment due Consultant at the time of termination may be adjusted to the extent of any
additional costs to City occasioned by any default by Consultant.
7.8 Upon receipt of a termination notice, Consultant shall immediately discontinue all Services,
and deliver or otherwise make available to City, copies (in both hard copy and electronic
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form, where applicable) of any data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated on
a pro-rata basis for work completed up until notice of termination.
7.9 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in
performing the Services. Such books shall be available at all reasonable times for
examination by City at the office of Consultant.
7.10 This Agreement, including the attachments incorporated herein by reference, represents the
entire agreement and understanding between the parties as to the matters contained herein,
and any prior negotiations, written proposals or agreements with regard to the subject matter
hereof between City and Consultant are superseded by this Agreement. Any amendment to
this Agreement shall be in writing, approved by City Council of City and signed by City and
Consultant.
7.11 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS Albert A. Webb Associates
By: By:
USAN PEPPLEA
Mayor
City Cle2,
City of RIan s
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE PROPOSAL
This scope of services is for the design of a traffic signal for the intersection of
Barton Road and San Timoteo Canyon Road in the City of Redlands. Albert A. Webb
Associates will provide the following engineering services for a not-to-exceed fee of
$1.9,800. This fee proposal is valid for a period of 60 days.
PRELIMINARY ENGINEERING DESIGN
Task 1 —Project Kickoff Meeting
Webb Associates will meet with City staff to establish the scope and understanding of the
project objectives. We will also perform a field review of the existing conditions.
Task 2—Utility and Right-of-Way Research
Webb Associates will conduct utility research and agency notification procedures to
provide a thorough utility coordination effort for the project. We will research the
existing right-of-way to determine if any additional right-of-way is required for the
project.
Task 3—Field Topographic Survey
Webb Associates will conduct a detailed field topographic survey of the intersection.
Task 4—Base Map of Project Site
Webb Associates will prepare a base map of the project site showing the topographic
survey information, existing utilities, and existing property lines.
Task 5—Traffic Signal Design
Webb Associates will design the traffic signal in accordance with the City of Redlands
requirements, using the data obtained during our research work. We will evaluate the use
of a video detection system for the intersection and make a recommendation to the City.
The traffic signal will be interconnected with the existing traffic signals at the Barton
Road and California Street and Terracina Boulevard intersections. We will obtain
approval of the design before proceeding with preparation of final plans.
Task 6— Project Cost Estimate
Using our extensive in-house database of construction costs from previous traffic signal
projects, Webb Associates will estimate the construction cost of the Barton Road/San
Timoteo Canyon Road traffic signal.
Exhibit A - Page 1
FINAL TRAFFIC SIGNAL PLANS AND SPECIFICATIONS
Task 7— Coordination with SCE
Webb Associates will coordinate with Southern California Edison for the point of
connection for the electric services to the traffic signal.
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Task 8—Street Improvement Plans
Webb Associates will prepare street improvement plans to provide sufficient radius curb
returns for the intersection of Barton Road and San Timoteo Road.
Task 9—Final Traffic Signal Plans
Webb Associates will prepare plans for installation of a traffic signal at the intersection of
Barton Road and San Timoteo Road. The plans will be submitted to the City for review
at 30% and 90% completion.
Task 10—Pavement Signing and Striping Plans
Webb Associates will prepare the pavement striping plans for the project. We will also
incorporate any signing required for the traffic signal intersection.
signing 9
Task 11— Technical Specifications and Bid Package
Webb Associates will prepare the technical specifications and bid proposal package for
the traffic signal at Barton Road and San Timoteo Road. The special provisions of the
specification will comply with the Caltrans Standard Specifications, latest edition. We
will incorporate the County of Riverside boilerplate into the specifications as required.
The technical specifications will be submitted with the 90% drawings.
Task 12—Project Coordination Meeting
Webb Associates will attend up to two (2) project coordination meetings with the City of
Redlands during the traffic signal design stage.
Exhibit A - Page 2