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HomeMy WebLinkAboutContracts & Agreements_19-2015_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for engineering and traffic survey services ("Agreement") is made and entered in this 4E1i day of February, 2015 ("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 l — ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perform engineering and traffic survey services at various locations throughout 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 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 Work,"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 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, Interim 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 Consultant shall perform and complete the Services in a prompt and diligent manner. 4.2 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. I I3eakdjmlAgreements\Fehr&Peers Speed Survey Agreement 2014 Revised Date 2.4.15.doc ARTICLE 5 —PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Twenty Eight Thousand Nine Hundred Eighty Four dollars ($28,984.00). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit"B" entitled "Rate Schedule,"which 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 project. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given,pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice in accordance with this section: City Consultant Chris Diggs Steven Brown City of Redlands Fehr& Peers 35 Cajon Street, Suite 15A 8141 East Kaiser Boulevard, 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 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 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. 2 1Aca\djm\Agreements\Fehr&Peers Speed Survey Agreement 2014 Revised Date 2.4.15.doe 6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory 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"C,"entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to occupancy of the Premises. 6.3 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 such insurance shall be primary and non-contributin;to any insurance or self-insurance maintained by City. 6.4 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. 6.5 Consultant shall have business auto liability coverage, with minimum limits of One Million Dollars($1,000,000) 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, 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. 6.6 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 occasioned by any negligent act or omission by, or the willful misconduct of, 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: 3 1Aca\djm\Agreements\Fehr&Peers Speed Survey Agreement 2014 Revised Date 2.4.I5.doe A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law- (i i) aw;(ii) issue,deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize the City to enter into, modify or renew a contract; (iv) grant 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) grant City approval to a plan, design, report, study or similar item; (vi) adopt or grant City approval of, policies, standards or guidelines Por 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 tinder 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 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 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 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 4 IAca1djm\Agreements\Fehr&Peers Speed Survey Agreement 2014 Revised Date 2.4.r5.doe 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 thirty (30)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 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 performing 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) ger period required by law, from the date of final payment to years, or for any Ion,,, 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 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,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. 5 taca\djm\AgreementslFehr&Peers Speed Survey Agreement 2014 Revised Date 2,4,l5.doc IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS FEHR & PEERS By: �l`-- �� � By: '10�— Tina T. Kundia, Finance Director Steven Brown, Senior Vice President ATTEST: Sam Irwin, C rk 6 I:\ca\djm\A_reements\Fehr&Peers Speed Survey Agreement 2014 Revised Date 2.4.1 S.doc EXHIBIT "Alt SCOPE OF WORK Perform engineering and traffic surveys as necessary to provide sufficient information to document that the conditions of the Iatest edition of the California Vehicle Code Section 627 have been satisfied and that other conditions not readily apparent to a motorist are properly identified for the establishment of speed limits. Consultant shall to complete the scope of work as follows: 1. Preliminary meeting. 2. Perform field radar speed surveys and collect data on the streets listed below. 3. Analyze the speed survey data; and prepare engineering and traffic survey reports on the 42 streets with expired or due to expire speed surveys. The product of the surveys will be in the form of 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. 4. Provide a Traffic and Parking Commission presentation. 5. Provide a City Council presentation if needed. It is anticipated the length of time for Services to be completed is approximately 60 calendar days. Street Segments to be Surveyed Street Seament 1 Alabama Street Barton Road to Park Avenue Park Avenue to Lugonia Avenue Between CL South of Santa Ana River and CL north of SAR 2 Alessandro Road Crescent Avenue to Sunset Drive 3 Alta Vista Drive Florida Street and Sunset Drive 4 Barton Road West City Limit and Terracina Boulevard Terracina Boulevard and Alabama Street Alabama Street and Lakeside Avenue 7 f:\ca\djm\Agreements\Fehr&Peers Speed Survey Agreement 2014 Revised Date 2.4.l5.doc 5 Brockton Avenue New York Street and Texas Street Texas Street to Church Street Church Street to Judson Street Judson Street to Wabash Avenue 6 Brookside Avenue Lakeside Avenue and Center Street Center Street and Eureka Street 7 California Street Southbound between Palmetto Avenue and Almond Avenue Almond Avenue and Redlands Boulevard 8 Center Street State Street to Brookside Avenue Brookside Avenue to Cypress Avenue Cypress Avenue to Crescent Avenue Crescent Avenue to Ridge Street 9 Central Avenue University Street and Judson Street 10 Church Street Pioneer Avenue and Redlands Boulevard I I Crestview Road Ford Street and Buckingham Drive 12 Cypress Avenue Terracina Boulevard to Center Street Center St to Redlands Boulevard Redlands Boulevard to Citrus Avenue 13 Dearborn Street 5th Avenue to Colton Avenue Colton Avenue to Lugonia Avenue Lugonia Avenue to San Bernardino Avenue San Bernardino Avenue to Sessums Drive 14 Elizabeth Street Garden Street and Crescent Avenue 15 Fern Avenue Redlands Boulevard to Cajon Street Cajon Street to Center Street Center Street to San Mateo Street San Mateo Street to Terracina Boulevard 16 Fifth Avenue Ford Street and Dearborn Street 8 IAcaldjm\Agreements\Fehr&Peers Speed Survey Agreement 2014 Revised Date 2.4.15.doe Dearborn Street and Wabash Avenue 17 Ford Street Citrus Avenue to Fifth Avenue Fifth Avenue to Reservoir Road Reservoir Road to Sunset Drive Sunset Drive to Garden Hill Drive 18 Grove Street Highland Avenue to Citrus Avenue Citrus Avenue to Brockton Avenue 19 Highland Avenue Ford Street and Cajon Street Cajon Street and San Mateo Street San Mateo Street and Serpentine Drive 20 Judson Street Citrus Avenue to Colton Avenue Colton Avenue to Lugonia Avenue Lugonia Avenue to Pioneer Avenue 2I Live Oak Canyon Rd 0.3 mi e/o San Timoteo Canyon Road I300ft w/o bridge 800 ft 0.8 rni e/o bridge 22 Lugonia Avenue 1.500 'w/o Research Avenue to California Street California St to Alabama Street Alabama Street to Tennessee Street Tennessee Street to Texas Street Texas Street to Orange Street 23 Mariposa Drive Wabash Avenue and Country Club Drive Country Club Drive to Garden Street Halsey Street to Dwight Street 24 Mountain View Ave Lugonia Avenue to City Limits 25 New York Street Colton Avenue to Lugonia Avenue 26 Olive Avenue Citrus Avenue and San Mateo Street San Mateo Street and Terracina Boulevard 27 Orange Street Lugonia Avenue to Pioneer Avenue Pioneer Avenue to Hubbard Court Hubbard Court to City Limits 28 Orange Tree Lane California Street and Alabama Street 9 I:ca1djm\AgreementsTehr&Peers Speed Survey Agreement 2014 Revised Date 2.4.15.doc 29 Palm Avenue Serpentine Drive and San Mateo Street San Mateo Street and Ford Street 30 Palmetto Avenue Westbound between Nevada Street and California Street 31 Palo Alto Drive Country Club Drive to Mirasol Drive Mirasol Drive and Sunset Drive 32 Pennsylvania Avenue Karon Street to Church Street Church Street to Judson Street 33 Pioneer Avenue Texas Street to Orange Street Orange Street to Occidental Drive Occidental Drive to Dearborn Street 34 Redlands Boulevard California Street and Texas Street Texas Street and Eureka Street Eureka Street and Citrus Avenue Citrus Avenue and Highland Avenue Highland Avenue and Ford Street 35 Reservoir Road Ford Street and Wabash Avenue 36 San Bernardino Avenue Tennessee Street and Orange Street Orange Street and University Street University Street and Wabash Avenue Mountain View Avenue and California Street 37 San Timoteo Canyon Road Fern Avenue and Barton Road 38 Sunset Drive Vinton Way to Alta Vista Drive Alta Vista Drive to Panorama Point 39 Terracina Boulevard Barton Road and Olive Avenue Olive Avenue and Cypress Avenue 40 Texas Street Redlands Boulevard to Lugonia Avenue Lugonia Avenue to San Bernardino Avenue San Bernardino Avenue to Domestic Avenue 41 University Street Cypress Avenue to Colton Avenue Colton Avenue to Lugonia Avenue 10 L1caWjmlAgreements\Fehr&Peers Specd Survey Agreement 2014 Revised Date 2.4.15.doc Lugonia Avenue to San Bernardino Avenue 42 Wabash Avenue Fifth Avenue to Citrus Avenue Citrus Avenue and Colton Avenue Colton Avenue to Sessums Drive ll IAcaldjm\A_reeEnentskFehr&Peers Speed Survey A.-reement 2014 Revised Date 2.4.I5.doc EXHIBIT "B" RATESCHEDULE Engineering and Traffic Surveys on Various Streets Throughout the City of Redlands to Update Speed Limits Project Associate-In- Manager- Other Charge- Jaimee Tech.Leader- Project Direct Task Anna Luo Bourgeois Paul Herrmann Engineer tabor Total Costs Task Total Billing Rate Per Hour $160 $160 $115 $90 Task 1.0 Kick-Off Meeting 4 5640 S44 5684 Task 2.0 Data Collection and Field Reconnaissance 2.1 Field Reconnaissance and F&P Data Collection 8 6 24 544130 S98 54,218 2.2 Coordinate NDS Data Collection-Surveys 2 S180 $180 -NDS Services(Surveys) 55,100 SS,100 2.2 Coordinate NDS Data Collection-1 Day Counts 2 5180 S180 -NDS Services(Counts) 55.100 S5.100 Task 3.0 Analyze Results and Prepare Recommendations 3.1 Analyze Data and Prepare Summarized Findings in Tabular Form 6 4 36 54,660 53,660 3.2 Meet with City to Review Findings 5 5800 S44 $844 3.3 Prepare Draft Report and E&TS's 1 6 4 25 53,830 S3.830 3.4 Finalize Report Based on Comments 4 4 S1,100 S1.100 Task 4.0 Presentation of Recommendations 4.1 Traffic and Parking Commission Presentation 1 6 4 51,580 544 S1,624 4.2 City Council Presentation 6 4 $1,420 S44 S1,464 Total 2 45 26 89 528984 12 I:\ca\djm\Agreements\Fehr&Peers Speed Surve\Agreement 2014 Revised Date 2.4.1 i.doc EXHIBIT t'C" WORKERS' COMPENSATION INSURANCE CERTIFICATION 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 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 and activities required or permitted under this Agreement. (Labor Code §1861). I 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 Iaws of the State of California that the information and representations made in this certificate are true and correct. FEHR& PEERS Date: By: .-,� Steven J. Brown , Senior Vice President 13 I:\ca\djm\Agreements\Fehr&Peers Speed Survey Agreement 2014 Revised Date 2.4.I5.doc