HomeMy WebLinkAboutContracts & Agreements_230-2022AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional services to perform the Citywide Left -
Turn Pocket Study ("Agreement") is made and entered in this 1st day of November, 2022
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and
KOA Corporation, a California consultant ("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 1 — ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide professional services to perform the Citywide
Left -Turn Pocket Study services for City (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 that Consultant shall perform are more particularly described in Exhibit
"A," titled "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, any applicable State
prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates John R. Harris, 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 in
accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is
attached hereto and incorporated herein by reference.
4.2 Consultant shall complete the Services by June 30, 2023, unless the Services are
terminated earlier as provided for herein.
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4.3 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to 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 Total compensation for Consultant's performance of the Services shall not exceed the
amount of ninety-nine thousand nine hundred five dollars ($99,905.00). City shall pay
Consultant on a time and materials basis up to the not to exceed amount in accordance
with Exhibit "C," titled ("Fee Schedule Title") 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, and a description of reimbursable expenses related to the Services. 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 or electronic mail transmission (including
PDF), 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:
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Min Zhou, CEO/President
KOA Corporation
3190 Shelby Street, Bldg. C
Ontario, CA 91764
smuhammad@koacorp.com
Phone: (909) 890-9693
Fax: (909) 890-9694
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage 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
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shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City.
A. 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 execute and provide City with Exhibit
"D," titled "Workers' Compensation Insurance Certification," which is attached
hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount 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.
C. 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.
D. 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.
E. Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City. In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses or liability,
including reasonable 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.
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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;
(iii) authorize 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 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. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
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8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any 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.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant 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.
8.5 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.
8.6 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.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried
and litigated only in the state courts located in San Bernardino County, California, and
the federal courts located in Riverside County, California.
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8.8 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 e - ' i .ANDS
By:
Paul T. Barich, Mayor
ATTEST:
anne Donaldson, City Clerk
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KOA CORPORATION
By:
EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF WORK
KOA acknowledges the Scope of Services presented in the
RFP.
TASK 1: PROJECT MANAGEMENT
Upon obtaining a notice to proceed, KOA will immediately
schedule a kickoff meeting with the appropriate staff from
the City to discuss project background, scope of work,
project objectives, scheduling, and relevant project details.
We want to make sure everyone involved on our team
understands the work scope, schedule, budget, and other
important requirements to make the project a success.
One important item to discuss at the kickoff meeting is the
number of study intersections to be evaluated.
Shirjeel Muhammad, PE, will be the Project Manager. He
is a senior engineer with about 23 years of experience. He
has extensive experience in the field of traffic signal design,
geometric design, traffic control design, pedestrian facilities,
and handling municipal traffic engineering -related services.
He has also served as project manager and project engineer
on many traffic engineering design projects for several
cities in Southern California, including Cities of Riverside,
Rialto, Costa Mesa, Yorba Linda, Orange, Manhattan Beach,
etc. He will conduct weekly internal project meetings and
maintain open lines of communication with all involved to
move the project along. We strongly believe in proactive
critical thinking and communication to minimize project
delays. To avoid any unwanted surprises, KOA will be
completely transparent and proactive in dealing with any
issues so the City can make knowledgeable decision on
alternative designs.
Our Project Management services will also include:
• Bi-weekly Meetings
• Meeting agendas and minutes, schedule updates,
action items, etc.
• Project Goals and Objectives
• Project Management Approach,
• Project scope and schedule; update it regularly to
reflect any significant changes
• Team roles and responsibilities
• Close coordination with the City's Project Manager
Task 1 Deliverables
• Work Plan
• Schedule
• Agenda and minutes for each meeting
• Status reports
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TASK 2: DATA COLLECTION
After meeting with City staff and confirming the
preliminary list of study intersections, KOA will conduct
a comprehensive field review of the locations to identify
lane geometry and left turn pocket lengths, and to
observe traffic operations.
KOA will use this data to refine the preliminary list of
problematic intersections and submit it to the City for
review and approval of a final study intersection list.
Pending approval of the final list of study intersections,
KOA will request the following data for these locations:
• Peak -hour traffic turning volumes
• Signal and striping as -built plans
• Signal phasing and timing data
• Any funded improvement plans
KOA will also obtain a 3-year accident data from the City
or Statewide Integrated Traffic Records System (SWITRS).
The accident data analysis will focus on left -turn related
collisions to identify locations that may require mitigation
measures to improve safety and operational performance
for left -turn movements at the intersection.
Our preliminary field review observed that painted green
bike lanes and other bicycle facilities are implemented
sparingly in the City (e.g., Citrus/Church, Center/Brookside
area). This study will also include a review of any bicycle -
related left -turn issues and explore the possibility of
installing bike boxes at intersections.
ADA COMPLIANCE ASSESSMENT
As an added value, KOA will perform an ADA compliance
assessment of the existing curb ramps at the study
locations. Our engineers will verify curb ramp dimensions/
grades with a smart level and measuring tape. The curb
ramp measurements will be documented on a curb ramp
field form and provided to the City. We will document
these grades and inform the City of all deficiencies.
TASK 3: IDENTIFICATION OF PROJECT
INTERSECTIONS
Based on the available data as outlined previously,
KOA will work with the City to pin -point signalized and
unsignalized intersections with apparent issues such as:
Insufficient left -turn lane length against the peak
hour counts
• Queue spillback
• Inadequate green for left -turn phase
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After our initial determination of the study intersection,
KOA will field Investigate and verify existing roadway
geometry, including striping, pavement markings, and
signage at each subject intersection against the provided
data. We will document the site visit with photos and field
notes. We will also observe overall traffic flow at each
project location, noting any potential recommendations
for further operational improvements.
KOA's fee schedule assumes we will analyze up to 120
intersections. The study scope will be refined based on
City staff's input.
Task 3 Deliverables
• List of Study Intersections
TASK 4: EVALUATION OF PROJECT
INTERSECTIONS
There are generally three methods in determining storage
lengths for left -turn lanes:
• Rule -of -thumb methods
• Queuing theory -based analytical methods
• Traffic model -based methods (Synchro + SimTraffic,
etc.)
For selected intersections, KOA proposes to develop traffic
simulation models using Synchro and SimTraffic software
packages to evaluate the impact of left -turn lanes and any
benefits that the addition of a left -turn lane or increased
left -turn storage length may provide, without adding
additional right-of-way. We will create a calibrated Synchro
model for existing conditions. Accident history will be a
key indicator of intersection safety performance. KOA will
review 3-year accident history for each study intersection
within the City, focusing on left -turn related and rear -end
accidents. The review will help identify intersections where
left -turn operations need to be enhanced with safety
features.
Some existing shared left -through travel lanes or short
left -turn pockets may not be able to accommodate the
ever-increasing volume of left -turning vehicles in future
years. To evaluate future needs, KOA will obtain future
year link volumes from the latest San Bernardino Traffic
Analysis Model (SBTAM) model and apply NCHRP 255
Post -Processing methodologies to forecast turning
volumes at selected intersections. KOA has worked
with SBCTA before and fully understands the process of
obtaining future traffic model data.
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The calibrated existing conditions models developed
will be updated with forecast traffic volumes to analyze
the level of service of study intersections and left -turn
queuing conditions. Traffic simulations will be observed
using Synchro and SimTraffic software packages. The
analysis will identify appropriate left -turn pocket lengths
and left -turn phasing. The analysis will also include the
need to keep or convert shared left -through lanes.
The simulation model outputs of pre -mitigation and
post -mitigation scenarios will be compared to report
the improvements in level of service and queue lengths.
Mitigation measures will be proposed for intersections
determined to have problematic left -turns during existing
or future year conditions analysis. Mitigation measures will
include low -budget solutions without additional right-of-
way measures or long-term improvement measures. These
measures can include but are not limited to:
• Optimizing the signal phasing sequence
• Optimizing signal timing parameters to reduce the
delay caused by left -turn lane overflow
Adding left -turn lanes to reduce the delay caused by
blockage problems
• Extending storage lengths of left -turn pockets to
reduce the possibility of overflow and blockage
problems
Task 4 Deliverables
• Synchro Models
TASK 5: FINAL REPORT
A final technical report with an executive summary will be
prepared for this project. The report will summarize the
results of our field review, data collection, and engineering
analysis for the existing and future year conditions.
The report will include a list of all (up to a total of 120)
signalized and unsignalized intersections having existing
or potential left -turn issues. The report will summarize
evaluation methodologies and criteria to analyze the
operation of existing left -turn pockets and examine
the feasibility of adding left -turn pockets or phases.
Mitigation measures will be presented in the report for
each type of left -turn pocket related issue. The findings
will be supplemented using easy to understand schematic
graphics with map relevance.
Task 5 Deliverables
• Final Technical Report
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EXHIBIT "Bt1
PROJECT SCHEDULE
Below is KOA's proposed schedule of events, City review periods, and deliverables for the project. The
KOA team will complete the project in nine weeks.
PROJECT SCHEDULE
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EXHIBIT "C"
Fee Schedule Title
Fee/CoProposal
Engineering andst Design Services
CITYWIDE LEFT -TURN POCKET STUDY
KoA PROJECT NO. 08112022JS
City of Redlands
TASKS
Principal
QA/QC
$305
PIC
PM
$260
Senior
Engineer
$208
Project
Manager
$180
Senior
Associate
Eng.
$145
Associate
Engineer
$115
Admin.
Assist.
$98
TOTAL
COST
Task 1 - Project Management
Management of Project Team
40
8
$11,184.00
Kick-off Meeting
2
1
1
$873.00
PDT Meetings
8
8
4
$4,324.00
QA/QC
8
$2,440.00
Subtotal
8
50
9
5
8
$18,821.00
Task 2 - Data Collection
Review existing Documents
4
8
24
$6,184.00
Field Survey
100
$11,500.00
Subtotal)
4
8
24
100
$17,684.00
Task 3 - Identification of Project Intersections
Coordination with City Staff on Preliminary List
8
16
$5,408.00
Field Comparison
4
12
16
48
$11,376.00
Subtotal
12
28
16
48
$16,784.00
Task 4 - Evaluation of Project Intersections
Model Building
4
12
32
80
$17,376.00
Existing and Future Traffic Analysis
4
12
32
32
$11,856.00
Recommendations
4
12
16
$5,856.00
Subtotal
12
36
80
112
$35,088.00
Task 5 - Final Report
Final Report
6
16
32
$9,528.00
Subtotal
6
16
32
$9,528.00
Reimbursables
1) Reports Printing
$500.00
2) Mileage
$1,500.00
TOTAL HOURS
8
84
97
0
_ 157
260
8
TOTAL COST
$99,905.00
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EXHIBIT "D"
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 laws of the State of California that the information
and representations made in this certificate are true and correct.
KOA CORPORATION
BY: L.. ®`..._ Date:
Min Zhou, CEO/President
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