HomeMy WebLinkAboutContracts & Agreements_54-2014_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES FOR THE PREPARATION
OF A CITYWIDE BIKEWAY MASTER PLAN
This agreement for the provision of professional services for the preparation of the City of
Redlands' City-wide Bikeway Master Plan (-Agreement") is made and entered into this 21" day of
April,2014("Effective Date**),by and between the City of Redlands,a municipal corporation("City"}
and Alta Planning -i- Design, Inc. ("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 I - ENGAGEMENT OF CONSULTANT
Ll City hereby engages Consultant for the preparation of a City-wide Bikeway Master Plan (tile
"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 - SERVICES OF CONSULTANT
11 The Services that Consultant shall perform are more particularly described in Exhibit "A,"
entitled "Scope of Services,- which is attached hereto and incorporated herein by reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the
performance of this Agreement including, but not limited to, the Americans with Disabilities
Act,the Fair Employment and Housing Act and prevailing wage laws.
ARTICLE ') - 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 designates Mr, Chi-is Diggs as the City's representative with respect to performance of the
Services.and such person shall have the authority to transmit instructions,receive 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 set forth in Exhibit "13.," entitled "Project Schedule,"
4.2 During the term of this y Agreement.Citmay request that Consultant perform Extra Services,As
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used here-in, "Extra Services" means any work that is determined necessary by City for the
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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 Services do not exceed twenty percent (20%) of the
compensation to be paid by City to Consultant for the Services, such Extra Services may be
agreed to by the Parties by written amendment to this Agreement, executed by the City
Manager,or duly authorized eity official.Consultant shall not perform,nor be compensated for,
Extra Services 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 ofNincteen Thousand Nine Hundred Dollars(S 19,900.00).City shall pay Consultant on
a time and materials basis based upon the hourly rates shown in Exhibit 'C," entitled "Rate
Schedule." Exhibit -C- is attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services 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,and
a description of reimbursable expenses related to the Services,if any.City shall pay Consultant
no later than thirty(30)days after receipt and approval by City of each of Consultant's invoices.
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 of Redlands: Consultant:
Chris Diggs, Deputy MUED Director Brett Hondorp
Municipal Utilities and Engineering Dept. Alta Planning --Design, Inc.
35 Cajon Street, Suite 15A 625 Broadway, Suite 1001
PO Box 3005 (mailing) San Diego, CA 92101
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 5.3.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION—
6,1 Insurance required by this Agreement shall be maintained by Consultant for the duration of its
performance of the Senices.Consultant shall not perform any Services unless and until 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-Insurance policies shall include a provision prohibiting cancellation or modification of
the policy except upon thirty(30) days prior written notice to City.
62 Workers'Compensation and Employer's Liability insurance in the amount that meets statutory,
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requirements with an insurance carrier acceptable to City,or certification to City that consultant
is self-insured or exempt from the workers* compensation laws of the State of California.
Consultant shall provide City with Exhibit "D." entitled "Workers' Compensation Insurance
Certification."which is attached hereto and incorporated herein by this reference.
6.3 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 and the insurance policy shall include a provision prohibiting
modification of coverage limits or cancellation of the policy except upon thirty(30)days prior
written notice to City. Such insurance shall be primary and non-contributing to anyinsuranceor
self-insurance maintained by City.
6.4 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. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self insurance maintained
by City.
6.5 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 and negligent act,
omission or failure to act by Consultant, its officers, employees and agents in performing,the
Services.
ARTICLE 7 - CONFLICTS OF INTEREST
7.I Consultant covenants and represents that it does not have any investment or interest in any real
property that maybe the subject of this Agreement or any other source of income,interest in real
property or investment that 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
Services hereunder, no person having any such interest shall perform any Services under this
Agreement.
72 Consultant agrees it is not a designated employee within the meaning of the Political Reform
Act ct because Consultant:
A. Does not make or participate iw
(i)the making of any City decisions regarding approval of a rate,rule or regulation,or
the adoption or enforcement of laws;
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(ii)the issuance,denial,suspension or revocation of Citypermit s,licenses,applications,
certifications, approvals, orders or similar authorizations or entitlements;
(iii)authorizing the 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 the same duties 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.
73 In the event City 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 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,including fees for the use of in-house counsel by a
Party.
8.2 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 Project related documents, records, drawings, designs, cost estimates, electronic data files,
databases and any 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 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 Consultant's employees,except as herein set forth.Consultant
shall supply all necessary tools and instrumentalities required to perform the Services.Assigned
personnel employed by Consultant are for its account only, and in no event shall Consultant or
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personnel retained by it be deemed to have been employed by City or engaged by City for the
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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 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.This Agreement may be terminated by City
in its sole discretion,by providing ten(10)days prior written notice to Consultant(delivered by
certified mail, return receipt requested) of City's intent to terminate. 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 unperfon-ned Services, and (2) 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. 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 bard copy
and electronic form, where applicable) of 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 the Services performed and completed up to the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and 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 reasonable times for examination by City at the
office of Consultant.
8.7 This Agreement,including the Exhibits incorporated herein by reference,represents the entire
agreement and understanding between the Parties as to the matters contained he-rein, 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 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
8.9 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 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.
IN WITNESS WHEREOF, duty authorized representatives of the City and Consultant have signed in
confirmation of this Agreement.
CITY OF REDLANDS ALTA PLANNING + DESIGN, INC.
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By By: '
Tina T. Kundig. Finance Director Brett I- ondorp
Attest:
Sate Irwin,Ci Clerk
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EXHIBIT "A"
SCOPE OF WORK
City desires an expedited effort to update, formalize and finalize previous efforts to identify a
bikeway network master plan for the City.
The master plan will establish the inventory of existing and planned bike projects for the City, the
estimated cost of developing the projects, and prioritize projects of regional significance. The
master plan will be a planning document consistent with the circulation element of the General and
Specific Plans of the City of Redlands, and Regional Plans such as SANTBAGs non-motorized
connectivity plan.
Consultant shall meet the City's needs, and will need to work closely with City staff and
stakeholders to collect and synthesize previous efforts and prepare the,master plan in the timeframe
specified in Exhibit"B."
Consultant shall perform the following services:
Project Management
Good coordination with City staff is essential to complete this project, and special concentration of
timing will be critical in order to deliver the product on schedule. Given the constraints of this
project's timing,Consultant shall put forth a concentrated effort where all team members,lead by
the Project Manager,will devote the bulk of their work schedule, for? weeks, to the City's project,
either on-site or within their home office. Consultant shall expect that several team members will
work in Redlands during Week I in order to maximize data collection, interacwith City staff and
review previously-identified projects.
Task 1: Draft Bikeway Master Plan:
Consultant shall prepare, from the information provided byCity staff, an inventory of the existing,
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and proposed bike facilities in the City. The primary goal of this activity is to establish a baseline of
available facilities and to identity a starting point for future expansion of bike facilities.
Task 1.1 Pre-kick-off Interviews
Prior to the official Project Kick-off Meeting. Consultant will conduct introductory telephone
"interviews"with key City stakeholders, as identified by the City. These informal calls will allow
Consultant to ascertain individuals* yoals, desires and concerns prior to meeting in a group setting.
The information gained from these discussions will be used to craft the agenda for the project kick-
off meeting and ensure,that all regional stakeholders feel welcome at the table.
Assumptions
Task 1.1 includes up to five introductory telephone interviews.
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Task 1.2 Assemble Eligible Project List
Consultant shall create a master list of all projects identified in the Non-Motorized Connectivity
Plan that meet one or more of the eligibility requirements listed in the DRAFT ACTIVE
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TRANSPORTATION PROGRAM GUIDELINES. The list will include all available project
information. The list will be grouped by project type, as defined in the guidelines.
Task 1.3 Project Kick-off Meeting
At the Project Kick-off Meeting, held during Week 1, Consultant shall present the list and facilitate
a discussion regarding the methodology that will be used to prioritize projects for submittal to the
Active Transportation Program. This discussion will include the formulation of a dispute resolution
strategy, which can be used to overcome any differences of opinion that may develop during the
prioritization process. At this meeting, Consultant will present the scoring criteria included in the
DRAFT ACTIVE TRANSPORTATION PROGRAM GUIDELINES to City staff, who will
brainstorm and discuss potential project prioritization criteria. Consultant will outline the pros and
cons of each proposed measure, as well as the resources that may be required to utilize each
proposed criterion. Given the expedited schedule, final prioritization criteria should be decided at
the close of this meeting, or no later than 2 days following the meeting,
Assumptions
Task 1.3 includes one 1.5-hour-long meeting in Redlands. Consultant will offer invitations during
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the introductory telephone interviews, and will be supplied by City staff a secure the room and
confirm attendance.
Task 1.4 Present Project Prioritization Criteria
After the Project Kick-off Meeting, Consultant will develop a list of final project prioritization
criteria for final review by City staff.
Assumptions
Task 1.4 assumes that the list will be developed using best practices from other project
prioritization efforts across California and the United States.
Table: Sample Project Prioritization Criteria
EMEMEMEMOM
Does project provide a new connection Qualitative
between homes and schools?
Does project improve connections to local
retail destinations? Qualitative
Is project also identified in a locally- Qualitative
adopted plan?
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Number of pedestrian bicycle crashes Quantitative
over last five years at project location(s)
Projected number of users based on
population and emplo-yrnent density in Quantitative
project area
Percentage of households in project area
Z�
without access to an automobile Quantitative
Task 1.5 Prioritize Projects
Task 1.5.1 Develop Three Prioritization Scenarios
Consultant will use the final evaluation criteria to prioritize the master list of eligible projects using
three different weighting scenarios. These three weighting scenarios will each emphasize one
particular regional goal, i.e. safety, increase in active transportation mode share, environmental
impacts, etc.
Assumptions
Task 1.5.1 assumes that all of the necessary data and information regarding the projects on the
master list is available and accessible. Task 2.1 does not assume the creation of new project data or
information, i.e. cost estimates, assessment of environmental impacts, etc.
Task 1.5.2 Finalize Prioritized Project List
Consultant will submit a report with the final prioritized list to City staff. This report will include:
• Eligible project list grouped by project type
Z
• Outline of established dispute resolution strategy
Notes on all discussion and meetings
• Final project prioritization criteria
• Discussion of the three weighting scenarios
• Final prioritized project list
• Recommendation for Active Transportation Program applications
Assumptions
Task 1,5.2 assumes the submittal of five bound color hard copies and one DVD with all relevant
project files.
Task 2: Final Bikewav Master Plan:
From the information provided in meetings with local jurisdictions and City residents,Consultant
will prepare a final inventory of existing, planned and desired projects of the City. The final report
would include the sections as follows:
1. Executive Summary
2, Synthesis of Community Outreach and Participation Findings
3. Recommendations for Future Bike Facilities
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4. Action 1 Implementation Plan
S. Funding Opportunities
6. Conclusion
7. Exhibits
Task 3: Active Transportation Program Applications:
Task 3.1 Prepare Draft Applications
Consultant shall prepare two (2)draft applications to the Active Transportation Program on behalf
of the City based on the requirements outlined in the Call for Projects. These applications will
utilize the final prioritized project list developed under Task 2 and will be submitted to the City for
review on or before May 16, 2014.
Assumptions
Task 3.1 assumes that all data and ]information required for the applications is available and
accessible. Task 3.1 does not assume the creation of new data or information for the applications,
i.e. cost estimates, assessment of environmental impacts, etc.
Task 3.2 Client Review of Draft Applications
Consultant shall provide the City with two days for review and comment on the two(2)draft
applications. All comments will be addressed thoroughly in the final applications.
Assumptions
Task 3.2 assumes that City staff will provide comments to Consultant within two days of receipt of
the draft applications.
Task 3.3 Prepare Final Applications
Consultant shall prepare two (2) final applications to the Active Transportation Program that
incorporate the comments received under Task 3.2. Consultant shall transmit these applications to
the City in a format suitable for submittal on or before May 20, 2014, which is one day before the
deadline, as outlined in the DRAFT ACTIVE TRANSPORTATION PROGRAM GUIDELINES,
Assumptions
Task 3.3 assumes that City staff will ultimately submit the two (2) applications and all necessary
supplemental materials to the state for review.
Task 4: Deliverables:
The following tasks and deliverables will be used as the standard activities anticipated being
included in the consultant services*
1. Draft project inventory for bikeway master plan
A. Describe the,scope of the work performed as part of this update effort
B. Identify the proposed priority project list and alternative projects, including maps
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C. Include design specifications for types bicycle facilities,
2. Project cost estimates
A. Establish basic project limits and constraints.
B. Provide list of assumptions, criteria and worksheets used to develop cost estimates
C. Assist in completion the Active Transportation Program(ATP) Grant. This work is assumed
to follow the bikeway master plan.
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EXHIBIT "B"
PROJECT SCHEDULE
Draft report is due to City on May 7,2014
Final report is due by noon on May 13,2014
Active Transportation Program grant applications are due by Mav 20,2014
Final project close out shall be completed bNY July 1,2014
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EXHIBIT "C"
RATE SCHEDULE
Alta Planni + Desian Cost Pro osal
Alta
Planning + Design Task Task
HDurs Budget
Pmcp3lIn ptoca
Charge
Craigemtt
CWWm
2014 Hourly Rate* $210 $160 s1►t►
Task 1.Draft Bike Master Plan E sg.%O
1.1 Pre-kick-off Interviews
0 4 4 4 $1,040
1.2 Assemble Elgble Project List
1 4 12 17 $2,050
1.3 Project Kick-off Meet
2 4 2 8 $1?60
1.4 Present Project Priorittation Criteria 1 4 $ I, 41,650
1.5 Prioritte Projects i s 16 25 $3,090
Re irn bursa ble Expenses &Travel $450
Task Z. Final Bike Master Pian 42 $5.215
2 12 28 41 $5,140
Reimbursable Expenses &Travel $75
Task 3.Active Transportation
;U;MrograrnApplications 4. $5'1{5
3.1 Prepare Draft Applications
1 4 20 '5 $2,$50
3.2 Client Review of Draft Applications 0 1 2 8360
3.3 Prepare Feral Applications
2 4 8 14 S 1,$60
Reimbursable Expenses &Travel S75
Staff Hours 10 45 100 151
Project Total 52,100 `;7,200 $,10,000 $19,900
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EXHIBIT It][)
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
PROFESSIONAL SERVICES FOR THE PREPARATION OF A CITY VIDE BIKEWAY
MASTER PLAN
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-
insure, either as an individual employer, or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due to
his or her employees.
CHECK ONE
am aware of the provisions of Section 3 700 of the Labor Code which requires every employer to
be insured against liability for Workers* Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work- and activities required or permitted under this Agreement. (Labor Code
§1861).
-1 affirm that at all times, in performing the work and activities required or permitted under this
Agreement I shall not employ any person in any manner such that I become subject to the workers'
compensation laws of California. However, at any time, if I employ any person such that I become
subject to the workers' compensation laws of California. immediately I shall provide the City with a
certificate of consent to self-insure, or a certification of workers' compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
ALTA PLANNING + DESIGN, INC.
4V
Bv:
...........
Brett Hondorp Date:
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