HomeMy WebLinkAboutContracts & Agreements_29-2015_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for traffic study services ("Agreement") is made and entered in this 28th
day of January, 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 I — ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform a traffic study at Pioneer Avenue east of
Interstate 210 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
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, 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 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 twenty eight(28)calendar days from and after
the date of the City's issuance to Contractor of the Notice to Proceed.
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43 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 Services shall be in the
amount of Five Thousand Dollars ($5,000.00) 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.
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, Interim 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
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.
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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 Consultant's performance of the Services.
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-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 ($1,000,000) per claim made.
6.5 Consultant shall secure and maintain business auto liability coverage, with minimum
limits of One Million Dollars ($1,000,000) per occurrence, combined single Iimit 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 a governmental decision whether to:
(i) approve a rate, rule or regulation,or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license,application,
certification, approval, order or similar authorization or entitlement;
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(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 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.
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 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
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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)
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.
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 anon Pacl� Principal
P,if.
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Attest:
Sa Ir in, City Clerk
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EXHIBIT "A"
Scope of Services
The purpose of the Services is to determine the capacity and operational improvements along
Pioneer Avenue between Texas Street and 1-210 in accommodation of future traffic demand
along this corridor. The potential improvements include:
• Roadway widening along Pioneer Avenue
• Intersection improvements at Pioneer Avenue/Tennessee Street
• Other complete street elements along Pioneer Avenue
Services will be performed under the following tasks:
Task 1—Data Collection
For the purpose of this analysis, Consultant will collect the 24-hour daily traffic volumes along
the following two segments on Pioneer Avenue:
• Pioneer Avenue: Between I-210 and Tennessee Street
• Pioneer Avenue: Between Tennessee Street and Texas Street
Task 2—Future Traffic Demand Analysis
Consultant will use the regional travel demand model (SBTAM) developed by SANBAG for a
variety of projects, and use the SBTAM to quantify the future travel demand within the Pioneer
Avenue corridor. As part of this effort, Consultant will coordinate with the City and SANBAG
to identify potential near-term and long-term development projects which could influence future
traffic volumes along Pioneer Avenue.
Consultant will anticipate that the future traffic volumes will reflect a Year 2035 condition,
which is consistent with the forecast year of SBTAM. Consultant will develop the 2035 daily
traffic volumes along the study segment along Pioneer Avenue and the peak hour traffic volumes
at study intersections of Pioneer Avenue/Tennessee Street as well as the school driveways along
Pioneer Avenue.
Task 3—Corridor Improvement Analysis
Consultant will use the forecasted 2035 volumes to identify potential improvements along
Pioneer Avenue. The daily traffic volumes will be used to determine the optimal capacity and
number of lanes required for Pioneer Avenue to accommodate the future year traffic demand. In
addition, Consultant will conduct high-Ievel (e.g., no simulation) traffic operations analysis at the
Pioneer Avenue/Tennessee Street intersection using Synchro (20 10 HCM methodology) during
both the AM and PM peak hours. Based on the operational results,Consultant will provide
recommendations on any operational and capacity improvements at those locations, which could
include:
Addition of turning lanes
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• Installation of a traffic signal
• Addition of complete street elements(i.e., bike/ped facilities)
Consultant will discuss with City staff and finalize the recommended improvement strategies
along Pioneer Avenue.
Task 4—DocumentationMeetings
The findings of the study will be summarized in a brief technical memorandum and submitted
for City's review. Consultant will finalize the memorandum once receiving the comments from
the City. Consultant shall have one project meeting with the City to go over the project findings.
Deliverables:
Draft and Final Technical Memorandim that summarizes the findings.
Information Needed from the City:
A list of on-going and proposed projects near the Study area.
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EXHIBIT "B"
Rate Schedule
Fehr&Peers Hours By Person
Other
PM Senior Traffic Graphics/ Hours Per Direct Total Cost
Task Anna Luo Planner Engineer Support Labor Cost Task Expenses
Billing Rates S 175 S ISO S 125 S 110 S
Task 1-Data Collection 2 S 250 2 S 80 S 330
7 —
Task 2-Future Traffic Demand Analysis 2 10 S 1.550 12 $ 1,550
Task 3-Corridor Improvement Analysis 2 8 S 1,300 10 S 1,300
Task 4•Documentation/Meetings 2 10 2 S 1,820 14 S 1,820
otal �._ ,... ,.. ....., > _-----" 2---.._...; .<----.. .30..... ?. .:S_4.9241...4.38. s:, --..80t
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
FOR TRAFFIC STUDY SERVICES
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 in one or more insurer 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.
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).
FEHR& PEERS
By:
ason Pack Principal Date:
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BUSINESS TAX CERTIFICATE CITY OF REDLANDS
his receipt does not purport to be evidence of qualifications,nor does it authorize or prohibit anything Finance Department-Revenue Division
connection with the conduct of a lawful business or occupation in a lawful manner, nor does it 35 Cajon Street,Suite 15B-P.O.Box 3005
gulate the activities In a field regulated by the State of California. Redlands,CA 92373-1505 Phone: (909)798-7557
Business Name: Fehr And Peers BUSINESS TAX NUMBER: 1008873
Business Location: Job Site
Redlands, CA 92373 Business Type: 036
Description: Engineering Svcs
1st Owner Name: Marion Donnelly
2nd Owner Name: Effective Date: January 05,2015
Expiration Date: December 31, 2015
FEHR AND PEERS THIS BOX IS FOR THE BUSINESS TYPE MESSAGE
100 PRI NGLE AVE STE 600 Restricted to license holder only
WALNUT CREEK, CA 94596
THIS MUST BE DISPLAYED IN PLACE OF BUSINESS NOT TRANSFERABLE