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HomeMy WebLinkAboutContracts & Agreements_193-2008_CCv0001.pdf AGREEMENT FOR THE PROVISION OF ENGINEERING AND°TRAFFIC SPEED SURVEY AND MULTIWAY STOP ANALYSES SERVICES ON VARIOUS STREETS AND INTERSECTIONS IN THE CITY OF REDLANDS This agreement for engineering and traffic speed survey services("Agreement")is made and entered into this 2day of November, 2008 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Albert Grover& Associates ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE 1 - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform engineering and traffic speed survey and multi- way stop analyses services (the "Services"). 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 like and similar types of Services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The Services which Consultant shall perform are more particularly described in Exhibit"A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act and the Fair Employment and Housing Act. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City will make reasonable provision for Consultant to enter upon City-owned property, as required by Consultant, to perform the Services. 3.3 City designates Art Creef as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive L'ewdjm AQreemeas',AI Grover Agnrnt-Speed Survey.doc I z information,interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 - PERFORMANCE OF SERVICES 4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance with the schedule to be provided by the City. 4.2 At any time during the term of this Agreement, City may request that Consultant perform Extra Services. As used herein, "Extra Services" means any work which is determined necessary by City for the proper completion of the project or work for which the Services are being performed, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Work does not exceed twenty percent (20%) of the compensation to be paid by City to Consultant for the Services, such Extra Work may be agreed to by the Parties by written amendment to this Agreement, executed by City's City Manager. Consultant shall not perform, nor be compensated for, Extra Work without such written authorization from City. ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Twenty Seven Thousand Five Hundred Dollars ($27,500). City shall pay Consultant on a time and materials basis up to the not to exceed amount, based upon the hourly rates shown in Exhibit"B," entitled "Rate Schedule." 5.2 Consultant shall submit monthly invoices to City describing the work performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed,the dates the Services were performed,the number of hours spent and by whom. City shall pay Consultant no later than thirty(30)days after receipt and approval by City of Consultant's invoice,provided(1)the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement, (2) that the number of hours of Services set forth in the invoice reflects the amount of time ordinarily expended for such Services by members of the profession currently practicing in the same locality under similar conditions, and (3) that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of the Agreement. I:ca.djm Agreemem-AI Grover A9t nt-Speed Suri=ev.doc 2 5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: City Consultant Art Creef Mark H. Miller, P.E. Municipal Utilities and Engineering Dept. Albert Grover& Associates City of Redlands 211 E. Imperial Hwy., Suite 208 35 Cajon Street, Suite 15A Fullerton, CA 92835 PO Box 3005 (mailing) 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 who notices and payments are to be given by giving notice pursuant to this section 5.3. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Insurance; generally. All insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. All insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty(30)days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain Worker's Compensation and Employer's Liability insurance throughout the duration of its performance of the Services in accordance with the laws of the State of California, with an insurance carrier acceptable to City. 6.3 Hold Harmless and Indemnification. Consultant shall defend,indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability,including attorneys' fees,arising from injury or death to persons or damage to property occasioned by Consultant's and its officers', employees' and agents' sole negligent acts or omissions in performing the Services. 6.4 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the term of this Agreement 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. City shall be named as an additional insured. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 1.'1ca1djnf,,Agreement,s\A1 Grover Agrmt-Speed Survey.doc 3 6.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made. 6.6 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 Consultant's provision of the Services, hired and non-owned vehicles,and employee non-ownership vehicles. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. City shall be named as an additional insured. ARTICLE 7 - CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any interest in real property or any investment which would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder,no person having any such interest shall perforin any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make or participate in: (i) the making or any governmental decisions regarding approval of a rate,rule or regulation, or the adoption or enforcement of laws; (ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certifications, approvals, orders or similar authorizations or entitlements; (iii) authorizing City to enter into, modify or renew a contract, (iv) granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) granting City approval to a plan, design, report, study or similar item; (vi) adopting, or granting City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity,participate in making a governmental decision or otherwise perform the same or substantially all the same duties LexAmAgreements'Al Grover Agrrnt-SP ced Survey.doc 4 for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's office pursuant to the written instructions provided by the Office of the City Clerk. ARTICLE 8 - GENERAL CONSIDERATIONS 8.1 Attorneys' Fees. 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 attomeys'fees,including fees for the use of in-house counsel by a Party, 8.2 Prohibition Against Assignment. Consultant shall not assign any of the Services,except with the prior written approval of City and in strict compliance with the terms,and conditions of this Agreement. 8.3 Documents and Records. All documents, records, drawings, designs, cost estimates, electronic data files,databases and other documents developed by Consultant in connection with its performance of the Services, 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, shall be at City's sole risk. 8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Consultant shall supply all tools and instrumentalities required to perform the Services. 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 on behalf of City. Consultant shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent,nor shall Consultant have any authority,express or implied, to bind City to any obligation. 8.5 Termination. A. Unless earlier terminated as provided for below,this Agreement shall terminate upon completion and acceptance of the Services by City. B. This Agreement may be terminated by City,in its sole discretion,by providing thirty (30) days' prior written notice to Consultant (delivered by certified mail, return receipt requested)of City's intent to terminate. 1:'cad jnf,Agre_-ments\A1 Grover Agimt-Speed Survey.doe 5 C. If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and(2)any payment due Consultant at the time of termination maybe adjusted to the extent of any additional costs to City occasioned by any default by Consultant. D. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic 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 Services completed up to the date of termination. 8.6 Books and Records. Consultant shall maintain any and all books,ledgers,invoices,accounts and all other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 8.7 Entire Agreement/Amendment. This Agreement,including the Exhibits 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 verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein,any amendment to this Agreement shall be in writing,approved by City and signed by City and Consultant. 8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.9 Severability. If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction,the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses,paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. 1:ca,djm,,Agyeements',A1 Grover Agmit-Speed Survey.doe 6 IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS Albert Grover&Associates y By: z By: . E 'q artinez Mark filler, Vice President City anager Albert Grover&Associates Attest: City t:ca djrn'Agreements`:A)Grover Agent-Spc i 5urve}.doc 7 ------------- ATTACHMENT A City of Redlands Engineering and Traffic Speed Survey Services SCOPE OF SERVICES 1:',Ica',dii-n'IA-,reet-nents'AI Grover Agmit-Speed Surveydoc Albert Grover&Associates Scope of Services SCOPE OF SERVICES One objective of the proposed project is to review the existing speed limits and recommend changes to the speed limits (increase or decrease), in accordance with the requirements of Section 627 of the California Vehicle Code (CVC) and the recommended procedures outlined in Chapter 6, entitled "Spot Speeds," of the Manual of Traffic Engineering Studies, 4th Edition, published by ITE. The study will provide sufficient information to document that the conditions of the latest edition of CVC Section 627 have been satisfied and that other conditions not readily apparent to a motorist are properly identified. To legally use radar for speed enforcement, Section 22354, 40802(b) of the CVC requires that where limits are changed pursuant to Section 22357, 22358, and/or 22358.3 of the CVC, the changes must be justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation. The product of the study will be a legal document that will be acted on by the City Council to formally adopt and/or change specific speed limits at the surveyed locations. The report will be the document used by the Police Department and the courts in the day-to-day legal defense activities of the established speed limit. Another key objective is to evaluate eleven separate intersections for potential conversions of two-way STOP control to all-way STOP control, utilizing procedures presented in the California Manual of Uniform Traffic Control Devices (CA MUTCD). Our proposed approach for this project, over and above complying with the specific relevant requirements of the CVC and of the California Manual of Uniform Traffic Control Devices for Streets and Highways (adopted September, 2006), will be to: * Meet with City staff and discuss the project completely, including any scheduling and other staff concerns. * Conduct field radar surveys under free flow traffic conditions only. * Collect required traffic volume data. + Evaluate speed limits by reviewing City provided two years of accident history at mid-block locations and intersections in conjunction with the speed survey data. + Prepare the recommendations to maintain/increase/decrease the speed limits in the City. Additionally, if certain residential streets are experiencing speeding problems, we will recommend that the City investigate the potential utilization of various traffic calming measures to address the situation. The following nine tasks have been designed to provide an orderly and efficient completion of the work needed to conduct the speed zone study and STOP warrant 7 Albert Grover&Associates Scope of Services evaluations. It should be noted that the Scope of Services outlined in the City's RFP shall be considered as part of AGA's proposal. Task I —Kick-Off Meeting AGA will conduct an initial kick-off meeting with City Planning/Engineering (and, if desired, Police Department) staff at City Hall to discuss project parameters, schedule, methodologies, lines of communication, etc. A detailed project schedule will be presented by AGA at this initial meeting. AGA will also provide proof of radar speed meter certification at this meeting. Task 2—Radar Speed and Volume Data Collection After discussing the schedule for conducting the project and addressing any staff concerns at the initial meeting with City staff, the first task will be to conduct the field radar speed surveys at the approximately 73 recommended road segments. Based on discussions with City staff, it is assumed that speed surveys will not be required near the various public and private schools, as the speed limit on such streets was listed as 25 mph. This designation is not based on prevailing speeds, but on provisions of the CA MUTCD. If the approximately 35 streets adjacent to schools identified in the City provided list are to be included, they will be added to the survey locations. A minimum of 100 bidirectional speed observations, with a minimum of 50 observations for each direction of travel, will be obtained for all of the designated street segments, a list of which will be finalized during the initial meeting with the City staff. For low volume roadways, the survey will be conducted for a one-hour period or when 50 speed samples have been recorded, whichever occurs first. The studies will be conducted during "good weather" conditions and only on Tuesdays, Wednesdays and Thursdays during the off-peak hours of 9:00 a.m. to 11:30 a.m. and 1:30 p.m. to 4:00 p.m., unless other specific time limits are required by the City. Each speed zone will be checked for representative free flow speeds, that is, speeds not influenced by temporary conditions or construction work. The radar gun will be calibrated periodically to achieve and maintain accuracy. The obtaining of a minimum 100 speed samples for each street segment will ensure that there will be a 95% probability that the sample data represents the population data for this type of study. Photocopies of radar tally sheets for each radar speed survey location will be provided to the City in an attached appendix. Based on discussions with City staff, it is assumed that current 24-hour traffic volumes will not be collected for the speed zone survey segments, but that total 8 Albert Grover&Associates Scope of Services accidents in the segment will be used to determine accident rates (as described below). Therefore, we will collect 24-hour traffic volumes only on the approach legs of the eleven intersections identified for potential conversion from two-way to multi- way STOP control. Task 3—Speed Data Analysis Utilizing the radar speed survey data for the approximately 73 roadway segments, AGA will summarize the field data and provide speed survey data sheets as contained in our Sample Citywide Engineering and Traffic Survey Report presented in Appendix B. It should be noted that our field data measurements, data sheets and summaries will be modified as required to exactly match the current requirements of the City of Redlands. AGA will also coordinate with Caltrans and the Cities of Yucaipa, Loma Linda, San Bernardino, and Highland, and both Riverside County and San Bernardino County regarding speed limits for highway segments abutting or under joint control with the City of Redlands. Task 4 — Roadway Segment Characteristics and Speed Limit Sign Locations Review This task will be performed by Mr. Mark Miller, P.E., a registered Civil Engineer, Traffic Engineer and Professional Traffic Operations Engineer in California. Mr. Miller will drive all of the street segments to determine, on the basis of experienced traffic engineering judgment, whether or not there are any roadway characteristics not readily apparent to the motorist which would justify the lowering of the proposed speed limit to the maximum reduction permitted under the State established guidelines. Factors considered will include street width and alignment, traffic flow characteristics, number of lanes and other channelization and striping patterns, frequency of driveways and intersections, reversed superelevations, visibility obstructions caused by vertical or horizontal curves, roadside land use, block walls, multiple driveways, grade, heavy pedestrian, bicycle or truck traffic, heavy on-street parking maneuvers, and any other roadside conditions that are not apparent to the motorist. As part of this work, locations of all speed limit signs will be reviewed in the field to ensure that the speed limit signing is in accordance with the adopted speed limits per the previous speed survey report. The field survey will be documented for analysis purposes. The product of this review will be a summary of each of the study segments and identification of the study segments which justify consideration for maximum increase/decrease in the recommended speed limits. 9 Albert Grover&Associates Scope of Services Task 5—Accident History Review and Accident Rate Calculations and STOP Warrant Analyses After consultation and agreement with City staff as to the most appropriate methodology for the analysis of accident records, Mr. John Taylor of AGA will review the mid-block accident history of each of the street segments to be included in the survey. The total number of accidents in a 12-month period for each study link will be determined. Mr. Taylor has extensive experience in City traffic operations and is therefore well qualified to review these accident records. It is proposed that a two year time period be utilized for the accident review. Previously, Mr. Taylor completed the Cities of Palm Springs, Cerritos, Lancaster, Santa Ana, La Habra, Cypress, Fountain Valley, Santa Clarita, and Santa Monica Speed Zone Study Accident Analyses. Traffic volume and accident data for the eleven intersections being considered for conversion from two-way to multi-way STOP control will be evaluated using appropriate warrants in the CA MUTCD. Task 6— Compilation of Speed Zone Survey "Summary of Recommendations" Chart A sample data summary table is presented in the report in Appendix B. It should be noted that the survey data summaries will be provided per current City required format. In the preparation of these summaries, all of the conclusions reached during the accident review and highway segment characteristics field review conducted under Tasks 4 and 5 will be taken into account. Tasks 4 and 5 will constitute the basis for changing the speed limit from the first five mile per hour increment nearest the 85Th percentile speed. The product of this task will be the summary tables showing the posted speed, 15th percentile speed, 50'h (median) percentile speed, 85'h percentile speed, 10 mph pace speed (with number and percentage of vehicles within the pace), range of all speeds surveyed, and recommended speed limit on all surveyed street segments. The tables will be discussed with City staff prior to the preparation of the final report, and will include all data requested by the City. Task 7—Preparation of Draft Reports Three copies of Draft Reports and Requests for Commission Action will be prepared and submitted to the City for their review. At a minimum, the Draft Reports will include the following items: 10 Albert Grover&Associates Scope of Services + Certification statement(s) for the radar gun(s) utilized in the survey. * Radar speed survey operational procedures. * Description of the purpose and methodology of Speed Zone establishment, including a discussion of realistic speed zoning, speed traps, CVC requirements, etc. * Description of the statistical analysis factors. * Description of the field data used in analyzing the related roadway characteristics. + A Summary of Findings Table including location, posted speed limit, critical speed, recommended speed limit, average daily traffic (ADT), accidents per million vehicle miles (MAVM), and any comments. + Accident history for the street segments, including a table showing locations with unusually high collision rates that may warrant speed limit reduction. * Results and recommendations. * Summary of recommendations in narrative and table form per desired City format. Similarly, Draft Reports and Requests for Commission Action will be prepared on an intersection-by-intersection basis for the eleven intersections analyzed for STOP conversion. Task 8—Preparation of Final Reports After review of the Draft Reports by the City, AGA will incorporate City comments, finalize the reports and provide Final Reports and Requests for Commission Action, including the actual speed survey data sheets and an electronic file copy(in Microsoft Word and Excel)to the City. All deliverables listed in the City's RFP and previously identified in various tasks will be provided. Optional Task—Presentations If desired, as an optional task AGA will make one presentation to the City Traffic and Parking Commission and one presentation to the City Council regarding the results of the Speed Zone Survey and STOP Warrant Analyses. Mr. Miller will make the presentations and answer any questions that Commission/Council members may have. Mr. Miller has made similar presentations to many Traffic and Planning Commissions and City Councils regarding not only speed survey issues, but also a Albert Grover&Associates Scope of Services wide range of various neighborhood traffic issues. As City Traffic Engineer for the City of Fullerton for the past ten years, Mr. Miller has made many such presentations. Optional Task—Sketches far Sign Changes Based on the results of the field review, there may be a need to relocate various speed limit signs throughout the City. For all locations requiring changes, AGA will identify each proposed new sign location at a specific distance from the nearest curb extension; indicate if the sign is new, a replacement and/or removal; if a new sign only or new sign and post will be required; and prepare an 8!/2"x 11"sketch depicting the above information. 12 Albeit Grover&Associates Scope of Services Optional Task—Sketches far Sign Changes Based on the results of the field review, there may be a need to relocate various speed limit signs throughout the City. For all locations requiring changes, AGA will identify each proposed new sign location at a specific distance from the nearest curb extension; indicate if the sign is new, a replacement and/or removal; if a new sign only or new sign and post will be required; and prepare an 8 V2"x 11" sketch depicting the above information. 12 ATTACHMENT B FEE PROPOSAL TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR ENGINEERING AND TRAFFIC SURVEYS FOR MULTI-WAY STOP WARRANT ANALYSES IN THE CITY OF REDLANDS f Prepared For CITY OF REDLANDS MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT October 2, 2008 a ` bitted By ALBERT GROVER & WS0ClXl'FES A FEE PROPOSAL Our Fee Proposal is presented below. All costs have been included. Costs are based on the assumption that 73 roadway segments will be surveyed for speeds, and that eleven intersections will be evaluated for multi-way STOP warrants. If the number of survey locations and/or warrant analyses are modified, the project costs would likewise be modified as indicated.below. AGA will conduct all tasks as identified in our Technical Proposal dated October 2, 2008, for 73 speed survey locations and eleven STOP warrant loctions for a Project Fee of$27,500. The total cost can be broken down as follows: Description Price Additional speed survey locations(including radar survey, speed survey report, and City staff r ort): $250er location Additional multi-way STOP warrant analysis(including 24-hour volumes on all four legs,warrant analysis report,and City staff report): $1,200 per location Traffic and Parking Commission presentation of findings (one meeting) $1,000 City Council presentation of findings s(one meeting) $1,000 Based on AGA's current Schedule of Hourly Rates,attached.