HomeMy WebLinkAboutContracts & Agreements_91-2008_CCv0001.pdf AGREEMENT TO PERFORM
TRAFFIC SIGNAL DESIGN SERVICES
This agreement for traffic signal design services("Agreement")is made and entered into this
�ckl day of June, 2008 ("Effective Date"), by and between the City of Redlands, a municipal
corporation("City")and Lawrence S. Eisenhart("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
1.1 City hereby engages Consultant to perform traffic signal design services for four traffic
signals to be located at Eureka Street at Stuart Avenue, Eureka Street at Colton Avenue,
Sixth Street at the eastbound Interstate 10 on-ramp, and Sixth Street at the westbound
Interstate 10 off-ramp (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.
12 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, the Fair Employment and Housing Act, and prevailing wage laws
commencing at Labor Code section 1770 et seq. Pursuant to Labor Code section 1773.2,
copies of the prevailing rates of per them wages as determined by the Director of the
California Department of Industrial Relations for each craft,classification or type of worker
associated with the performance of the Services are on file at City's Municipal Utilities and
Engineering Department,Civic Center,35 Cajon Street, Suite 15A(P.O.Box 3005 mailing),
Redlands, California 92373.
2.3 Consultant acknowledges that if it violates the Labor Code provisions relating to prevailing
wage, City may enforce those provisions by issuing a notice of the withholding of contract
W
payments to Consultant pursuant to Labor Code section 1771.6.
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2.4 If Consultant executes an agreement with a subcontractor to perform any of the Services,
Consultant shall comply with Labor Code sections 1775 and 1777.7, and shall provide the
subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776,
1777.5, 1813 and 1815. Consultant acknowledges that the statutory provisions imposing
penalties for the failure to comply with state wage and hour laws and to pay prevailing wages
may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.5 Consultant and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding the maintenance, certification, retention and inspection of payroll records.
2.6 Consultant acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.7 If applicable, Consultant shall comply with the provisions of Labor Code section 1777.5
relating to apprenticeships and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and
1815.
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 Tom T. FuJiwara as City's representative with respect to performance of the
Services, and such person shall have the authority to transmit instructions, receive
information, and interpret 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 "B," entitled "Project Schedule," which is attached
hereto and incorporated herein by reference.
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 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
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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-Eight Thousand Dollars ($28,000.00). City shall pay Consultant on a
time and materials basis up to such"not to exceed"amount based upon Consultant's hourly
rate of One Hundred Fifty Dollars ($150.00). City shall also pay to Consultant, as a
reimbursable expense, the costs incurred by Consultant for reproducing bid documents
associated with the construction of the traffic signals.
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, if any. 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 this Agreement.
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
Tom T. Fujiwara Lawrence S. Eisenhart
Municipal Utilities and Engineering Dept. 2070 Locust Court
City of Redlands San Bernardino, CA 92404
35 Cajon Street, Suite 15A
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.
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ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Certificates and Endorsements. 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 Assignment. Consultant is expressly prohibited from assigning any of the Services without
the express prior,,written consent of City. In the event of agreement by the Parties to assign a
portion of the Services, Consultant shall add the assignee as an additional insured and
provide City with the insurance endorsements required by this Agreement prior to the
performance of any Services by the assignee. Assignment does not include printing or other
customary reimbursable expenses that may be provided for in this Agreement.
6.5 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.
6.6.1 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.
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6.7 Business Auto Liability Insurance. Consultant shall maintain 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 throughout the
term of this Agreement. 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. Such
insurance shall be primary and non-contributing to any insurance or self insurance
maintained by City.
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in real
property that may be the subject of this Agreement or any other source of income,interest in
real property or investment which would be affected in any manner 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 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.
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B. Does not serve in a staff capacity with City and in that capacity, rt
ty,participate in making
a governmental decision or otherwise perform the same or substantially all 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.
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 attorneys'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
Assignment.
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.
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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 twenty
(20) days' prior written notice to Consultant (delivered by certified mail, return receipt
requested) of City's intent to terminate.
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 may be 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.
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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.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS LAWRENCE S. EISENHART
By: By:
Tina T. Kundig V Lawrence S. Eisenhart
Finance Director
Attest:
City Clerk
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EXHIBIT "All
SCOPE OF SERVICES
1 "Kick-off"meeting with City to discuss the following:
a. The type of controller preferred (Type 90 or Model 2070).
b. The type of battery backup preferred (Clary or Tesco).
C. The phasing for each intersection.
d. The type of interconnect (Hard wire or Spread Spectrum).
e. The type of Mast Arm Signs (I. I. S. N. S. or Reflective Sheeting).
f. The type of Luminaire (200W or 250W).
2. Research for referenced plans, maps and documents.
a. Obtain "As-Built" intersection plans for each intersection.
b. Obtain utility information and power sources from SCE.
3. Review the Traffic Impact Analysis Report for the Promenade Project.
4. Conduct field review.
a. Take photographs as required.
b. Take measurements as required.
5. Prepare base plans to scale with existing features and utility information.
6. Design and prepare Traffic Signal Plans, Striping Plans and Interconnect Plans.
a. The designs shall meet all City standards and CALTRANS standards for the ramp
terminal signals.
7. Submit preliminary plans to City and furnish to CALTRANS for plan check.
8. Meet with City staff to review plan check comments and make required corrections
within two weeks of receipt.
9. Attend meetings at City and CALTRANS during plan review•process.
10. Prepare and final plans, construction special provisions and cost estimates
11. Meet with City staff and/or Contractor during construction to assist in resolving
problems.
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EXHIBIT "B"
PROJECT SCHEDULE
Consultant shall commence work immediately following authorization to proceed from City.
Consultant shall complete the design of the four traffic signals within four weeks from the date of
authorization to proceed issued by the City.
Consultant shall review/correct City's plan check within one week of the receipt of the plan
check by Consultant per each traffic signal plan set and return it to City.
Consultant and City acknowledge that they will work earnestly toward meeting the above
tentative schedule. Should the Scope of Services change or should problems arise during the
work period which could affect the above schedule, it is understood that both Consultant and
City will develop a revised schedule to address such scope changes and problems.
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agreement to a construction and acquisition loan and authorized the Mayor to
execute, and the City Clerk to attest to, the document on behalf of the City.
Resolution Nos. 6685-6686 - Landscape Maintenance District No. I - On
motion of Councilmember Gilbreath, seconded by Councilmember Gallagher,
the City Council unanimously adopted Resolution No. 6685, a resolution of the
City Council of the City of Redlands giving preliminary approval of the
Engineer's Report for Fiscal Year 2008-09 for Landscape Maintenance District
No. 1. On motion of Councilinernber Gilbreath, seconded by Councilmember
Gallagher, the City Council unanimously adopted Resolution No. 6686, a
resolution of the City Council of the City of Redlands declaring its intention to
levy and collect assessments within Redlands Landscape Assessment District
No. I for Fiscal Year 2008-09 pursuant to the Landscaping and Lighting Act of
1972, and establishing a time (July 15, 2008, at 7:00 P.M.) and place for hearing
protests.
Resolution Nos. 6689-6690 - Street L44hting District No. I - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher. the City
Council unanimously adopted Resolution No. 6689, a resolution of the City
Council of the City of Redlands giving preliminary approval of the Engineer's
Report for Fiscal Year 2008-09 for Street Lighting District No. 1. On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously adopted Resolution No. 6690, a resolution of the City
Council of the City of Redlands declaring its intention to levy and collect
assessments within Redlands Street Lighting District No. I for Fiscal Year
2008-09 pursuant to the Landscaping and Lighting Act of 1972, and establishing
a time (July 15. 2008, at 7:00 P.M.) and place for hearing protests.
Funds - Traffic Signals - Promenade Project - Due to a potential conflict of
interest, Councilmember Bean retired from the Council Chambers and did
not participate in this matter; a Public Disclosure of Potential Conflict of
Interest form is on rile in the Citv Clerk's Office. On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the
nt City Council appropriated $28,000.00 to the Local Transportation Fund
for the design of traffic signals for the Promenade Project located on the
west side of Eureka Street, south of the Interstate 10 freeway, with
Councilmember Bean having abstained.
Lease Agreement - Redlands Hangar Owners' Association - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved a lease agreement with the Redlands Hangar
Owners' Association and authorized the Mayor to execute, and the City Clerk to
attest to, the document on behalf of the City.
Safe Routes to School Grant Application- - On motion of Councilmember
,�
Gilbreath, seconded by Councilmember Gallagher, the City Council
June 1-1,2008
Pate 4
COUNCIL AGENDA ITE M -t-)-
_ LLI '3
COUNCIL MEETING OF 06/17/08
REQUEST FOR COUNCIL ACTION
SUBJECT: Appropriation of Funds to Design Traffic Signals for the Promenade
Project
MOTION: I move to appropriate $28,000.00 to Local Transportation Fund for the
design of traffic signals for the Promenade Project.
STAFF RECOMMENDATION:
Staff recommends that Council appropriate $28,000.00 to Local Transportation Fund for
the design of traffic signals for Promenade Project.
DISCUSSION:
On April 15, 2008, City Council approved the Development Agreement (DA) between
the City and Redlands Land Holding L.L.C. (RLH), who is the developer of the
Promenade Project located on the west side of Eureka Street south of the Interstate 10
freeway. The DA requires the RLH to pay Development Impact Fees to the City, which
includes the payment of traffic signal fees to share in the cost of the installation of
certain master planned traffic signals affecting the project. In turn, the DA obligates the
City to design and install these master planned traffic signals.
The Requests for Proposal were sent out to three qualified firms to provide the traffic
engineering consulting services to design the traffic signals. After review of the
proposals by the selection committee, Lawrence S. Eisenhart was selected as the best
qualified consultant. Additionally, the professional design service cost proposal was the
lowest proposal received and staff considers the fee reasonable. In accordance with
City Code, Council approval of the consultant services agreement is not required (less
than $ 30,000) and the Finance Director will approve the contract if the additional
appropriation is authorized.
FISCAL IMPACT:
The funds to pay for the consultant services come from the Development Impact Fee to
be paid by the developer of the Promenade Project. Therefore, there will not be any
impact on the City's General Fund and budget.
CITY OF REDLANDS
REQUEST FOR ADDITIONAL APPROPRIATION
DATE OF REQUEST: 6/17/2008 FINANCE USE ONLY
TRANSACTION NO:
An additional appropriation is hereby requested as follows: ACCOUNTING PERIOE
Department: MUED Program: 209300
Account Number: 209300.5190 Account Description: Local Transportation Fund
Amount: $ 28,000.00
JUSTIFICATION: To pay for professional services to design traffic signals at four street intersections. The City
does not have qualified staff to conduct the traffic signal design work.
FINANCE USE ONLY DEBIT CREDIT
Requested By:
Department Head
Recommended By Finance Director: Recommends
/0(y Manager
Yes ✓ No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
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