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HomeMy WebLinkAboutContracts & Agreements_253-2013_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for traffic study sei vices (-Agreement") is made and entered in this 13th day of December, 2013 ("Effective Date"),by and between the City of Redlands, a municipal corporation("City'} and Fehr& Peers(-Consultant"). City and Consultant are sometimes individually referred to herein as a"Party" and, together, as"Parties." 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 a traffic study at Texas Street and Pioneer Avenue in the City of Redlands(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 zn 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 applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to State prevailing wage laws. 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 designates Chris Diggs, Deputy Municipal Utilities and Engineering Director. as 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 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice to Proceed." 4.2 Contractor shall complete the Services within sixty (60) calendar days from and after the date of the City's issuance to Contractor of the Notice to Proceed. I 4.3 If Consultant's Services include deliverable electronic visual presentation materials,such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff ARTICLE 5 —PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Sen4ces shall be in the amount of Twenty Thousand Two Hundred Eighty Dollars (S20.280.00) and shall be paid on a time and materials basis based upon the hourly rates shown in Exhibit`B,"entitled "Rate Schedule,"which is attached hereto and incorporated herein by 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. City shall pay Consultant no later than thirty(30) days after receipt and approval by City of Consultant's invoice. 53 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: City Consultant Chris Diggs, Deputy MUED Director Jason Pack, Principal City of Redlands Fehr& Peers 35 Cajon Street, Suite 15A 8141 East Kaiser Blvd, Suite 110 P.O. Box 3005 (mailing) Anaheim, CA 92808 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Z-- Mail. Changes may be made in the names and addresses of the person to whom notices and payments are to be given by giving ant to this section 5.3. n notice pursuant ARTICLE 6—INSURANCE AND INDEMNIFICATION 61 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 the 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. 6.2 Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance in accordance with the laws of the State of California. with an insurance carrier acceptable to City as described in Exhibit"C,"entitled"Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference. 63 Consultant shall secure and maintain 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 01 such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.4 Consultant shall secure and maintain professional liability insurance in the amount of One Million Dollars {51,000,000)per claim made. 6.5 Consultant shall secure and maintain business auto liability coverage,with minimum limits of One Million Dollars 01,000,000) per occurrence, combined single limit 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 if any, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be names as an additional insured and such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. 6.6 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 to the extent caused by any, negligent act or omission of, or willful misconduct by, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7—CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be 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 duties hereunder,no person having any such interest shall perform 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 City 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 City permits, licenses, applications, certifications, approvals, orders or similar authorization or entitlements, (iii) authoring City to enter into, modify or renew a contract, (iv) granting City approval to a contract that requires City approval and to Z> 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, 3 (vi) adopting or granting City approval of policies, standards or guidelines for C 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 otheiAvise 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, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 —GENERAL CONSIDERATIONS 81 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 I 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. 83 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 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 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 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City; provided, however, this Agreement may be terminated by City, in its sole discretion, by providing five (5) 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 unperformed Services. and (2) any payment due Consultant at the time of termination 4 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 hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in perfon-ning the Services. Consultant shall be compensated on a pro-rata basis for Services 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 o 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 herein, and any prior negotiations and written or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, an 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. g IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS FEHR& PEERS By: .............. By: Tina Kundig, Finance Director 4ason Pack, Principal Attesi: & Sam ",in,City Clerk 5 EXHIBIT "A" Scope of Services Task I —Kick-off Meeting Prior to conducting any data collection or performing any analysis, Consultant will meet with City staff to confirm the study methodology and approach. Items that will be discuss at this meeting will include but not be limited to: • Traffic Count Procedures • Review of bicycle, pedestrian, and transit circulation • Use of the San Bernardino Association of Governments (SANBAG) regional Travel Demand Model • Identification of any near-term or long-term development or infrastructure projects that zn might influence this effort • Use of SimTraffic Micro-Simulation to verify queuing and any intersection spillback zn Task 2—Data Collection Consultant will perform a field visit to assess and verify existing conditions in the project area. Consultant will note differences between what exists and what is shown on the provided design exhibits, and note details that may affect design. Consultant will collect photographs and measurements as part of this task, and verify the configurations of existing intersections. This task assumes I staff person will spend 4 hours in the field, and another 4 hours summarizing and cataloging observations. Consultant will collect traffic counts for the segments and intersections within the project area. This scope assumes daily counts for 4 segments (north, south, east and west of the Pioneer/Texas intersection). Peak hour turning movement counts will be collected at all street intersections within the project area for AM, noon and PM peak periods. This scope assumes an intersection count will be taken at the Pioneer/Texas intersection. Four other residential streets and driveways will be evaluated as well. The results of the daily and peak hour counts will be compiled and used as the existing condition for the traffic study. It should be noted that counts would need to be performed while school is in session in order to capture peak- traffic in the project area. Several scope enhancements that we have identified include: Scope Enhancement#1 — School Driveway Counts: Citrus Valley High School is a large trip generator within the project area. The RFP calls for counts at street intersections, however, Consultant shall count the movements at the school driveways as well to capture that traffic. 6 Scope Enhancement#2-School Exit Peak Counts: School hours typically correspond with an AM peak period, but not a noon or PM peak period. Consultant shall capture peak exit volumes coming from Citrus Valley High School. Task 3-Existing Conditions Existing conditions data for the corridor will be summarized. This summary will include intersection LOS, existing counts, transit volumes, and bicycle;pedestrian volumes. In Additionally, the existing conditions summary will document any unsignalized intersections which exceed peak hour traffic signal warrants, based on criteria provided in the MLJTCD. Z.- Task 4-Future Year Traffic Forecasting Consultant can use SBTAM to quantify the future travel demand within the Corridor. Additionally, Consultant will coordinate with the City to identify potential near-term and long- term development projects which could influence future traffic volumes in the Corridor. Task 5-Scenario Testing Consultant will use the Existim,C, Year and Future Year data to evaluate the existing configuration and the two improvement scenarios (Option #1 and Option #2) previously identified. This evaluation will consider: • Do any of the intersections exceed the City's LOS Threshold (LOS C) prior to the implementation of any improvements? • Are there locations which operate at a deficient LOS with the implementation of the two improvement scenarios? • Are there any unsignalized intersections in the study area which would exceed standard traffic signal warrants, either now or in the future? If this analysis identifies any locations where the proposed alternatives do not provide LOS C or better operations, Consultant will recommend additional intersection improvements to meet this threshold. As part of the scenario testing process, Consultant will employ both an isolated intersection and a systems approach in which Consultant will model the Study Area intersections and driveways using SimTraffic micro-simulation software. Task 6-Bicycle,Pedestrian & Signal Improvements Following the completion of Task 5, Consultant will identify additional improvements throughout the Study area. Potential improvements that might be identified include but are not I - limited to the following: 7 • Pedestrian count down timers • High visibility crosswalks • Curb extensions • Bicycle detection at signals Consultant will use data collected in Task 2 to prioritize locations where these additional improvements might be most beneficial. For example, Consultant might prioritize high visibility crosswalks at intersections near the High School to facilitate student travel to and from the high school. Task 7- Preliminary Cost Estimates Once Consultant has finalized their recommendations in Task 7, Consultant will prepare Planning Level construction cost estimates for the proposed improvements in the Study Area. These cost estimates will include both hard costs (construction) and soft costs (engineering, legal, etc.)that might be incurred by the City during the construction process. Task 8—Documentation Consultant will summarize the results of the data collection, forecasting, analyses and design recommendations in a report for review and acceptance by the City. 8 EXHIBIT "B" Rate Schedule Texas Street/Pioneer Avenue Intersection Analysis Ener R Peers Assn Tates+!ours By Person Other Rafael Trawiponarron CIS/Ad Film p,r"(T Last Task lasonPack COhon Fngmeer Support E.[tenses 601pnq Ratrs S 2US S 145 S 120 1 120 Task7- s Task 4 Future t+ Task 5 Srenarro TeSsing f1 8 16 0 $ 150 S 3.230 Task 6 Bike.Ped,Transit lmpravemtents 0 8 2 2 1 50 S 1.690 Task 7 Preliminary Cost Estimases 0 8 4 2 1 s0 S 1930 Task 8 M)CLIn*nlation 2 8 4 16 S 150 S 4.120 TOW Lebo►ind Other Dimc!E7tpensm 1 16.980 Tnymc Counts S 3.300 TOW] $ aaa" 9 EXHIBIT ficti WORKERS' COMPENSATION INSURANCE CERTIFICATION FOR TRAFFIC STUDY SERVICES 1--'very employ=er except the State, shall secure the payment of compensation in one or more of the follovving ways: a) By being insured against liability to pay compensation in one or more insurer duly " authorized to write compensation insurance in this State. (15) By securing from the Director of Industrial Relations, a certificate of consent to self- insure, either as an individual ernplover or as one employer in a group of employers, which v g1 e may bi en upon furnishing proof satisfactory to the Director of Industrial W Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 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 of this agreement. (Labor Code ' 1861). IR&PEERS e- asoma ricipa Date: