HomeMy WebLinkAboutContracts & Agreements_156-2024AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional engineering and traffic survey services
("Agreement") is made and entered in this Yd day of September, 2024 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and RK Engineering Group, Inc.,
a California corporation ("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 engineering and traffic survey
services 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 Department, 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 December 31, 2025, unless the Services are
terminated earlier as provided for herein.
1
C\cmo\Agreements\RK Engineering Group, Inc. Agreement FY24-0001.docx-ms
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 be in the amount of
Fifty -Three Thousand Dollars ($53,000.00). City shall pay Consultant in accordance with
Exhibit "C," titled "Fee 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 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@cityofrediands.org
Phone: (909) 798-7531
CONSULTANT:
Bryan Estrada, Principle
RK Engineering Group, Inc.
1401 Dove Street, Suite 540
Newport Beach, CA 92660
be@rkengineer.com
Phone: 949-474-0809
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 shall include a
2
IAcmo\Agreements\RK Engineering Croup, Inc. Agreement FY24-000I.docx-ms
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 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
3
I:\cmo\Agreements\RK Engineering Group, Inc. Agreement FY24-000I.doex-ms
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 revolve 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.
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
4
I:\cmo\Agreements\RK Engineering Group, Inc. Agreement FY24-0001.docx-ms
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
C1'
ATTEST:
�4a� "�*'
J e Donaldson, City Clerk
RK ENGINEERING GROUP, INC.
By:
Bryan rada, Principal
6
LlcmolAgreements\ K Engineering Group, Inc. Agreement FY24-000 Ldocx-ms
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. I£ 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.
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 Parry of a material benefit of its bargain under this
Agreement.
5
I:\cmo\Agreements\RK Engineering Group, Inc. Agreement FY24-000 Ldocx-ins
EXHIBIT "A"
SCOPE OF SERVICES
The following approach and methodology is proposed by RK Engineering Group, Inc. (RK) for
the City of Redlands 2024 Engineering and Traffic Survey Update.
Task 1. Project Management
Consultant will manage and coordinate all components of the E&TS and take a proactive role in
keeping all tasks on schedule and on budget and ensure timely completion of the 2024 E&TS.
Consultant will give prior notice to the City, and obtain acceptance from same, before
performing work outside the contract work scope and thereby contract budget amount.
Consultant will ensure full coordination with City staff and be responsive to any email and
telephone discussions, in addition to the minimum meetings listed throughout the scope of work.
Consultant will be in contact with the City frequently enough to ensure a timely City review of
deliverables. Consultant will work with all stakeholders in a responsible manner.
Consultant will organize and participate in a kick-off meeting with City staff to achieve the
following:
• Define project goals and objectives
• Outline project and management approach
• Identify roles and responsibilities
• Confirm schedule
• Confirm scope of study area.
This proposal assumes 138 street segments within the City of Redlands will be analyzed in the
2024 E&TS.
Task 2. Data Collection: Vehicle Speed Surveys, Average Daily Traffic (ADT) Counts,
and Collision Data
Consultant will obtain vehicle speed survey data, 24-hour average daily traffic (ADT) counts,
and Collision Data for the 138 street segments within the City of Redlands. Speed surveys and
traffic counts will be conducted by a third -party traffic count company using certified radar or
lidar equipment. Speed surveys and traffic counts will be conducted during normal weekday
conditions, during clear weather and while schools are in session (no surveys will be conducted
on weekends or during peak traffic hours).
A minimum of 100 speed surveys will be conducted at each street segment location (50 surveys
each direction). Consultant will provide the radar speed survey field sheets (with raw data),
location for the placement of the radar equipment and radar speed survey analysis sheets for each
surveyed street segment.
C\cmo\Agreementg\aK Engineering Group, Inc. Agreement FY24-0001.docx-ms
Note: If a speed survey appears unusually high or low, Consultant will re -survey the location at
no additional cost to the City.
Updated collision data from the most recent three-year period will be obtained from the
California Statewide Integrated Traffic Records System (SWITRS). Accident rates will be
calculated for each segment and evaluated as part of the E&TS process for setting speed limits.
Task 3. Field Review
Consultant will conduct field reviews of each of the 138 street segments within the study area.
Field reviews for traffic factors will be conducted while school is in session. Consultant will
inspect each location and determine, on the basis of experienced traffic engineering judgment,
whether or not there are any roadway characteristics not readily apparent to the average motorist
that would justify reduction or increase of the proposed speed limit(s) to the maximum permitted
under the latest requirements of the State of California and the California Vehicle Code.
Consultant will provide a field review summary sheet for traffic factors, roadway factors, and
adjacent land uses.
Task 4. Speed Limit Determination
Consultant will determine the appropriate speed limit for each segment following the latest
requirements of the State of California and the California Vehicle Code, including the recent
changes as a result of AB 43. Consultant will review the latest methodologies and include
information summarizing changes since the prior study. If any reduction or increase from the 85th
percentile speed is recommended, Consultant will fully document these recommendations
according to the State of California procedures for setting speed limits.
Consultant will provide a summary table showing the posted traffic speed limit, the eighty-fifth
(85th) percentile traffic speed, and the recommended traffic speed limit for each specified
location. The summary table will be reviewed and approved by the City Engineer prior to
preparation of the final report.
Task 5. Summary of Recommendations
Consultant will prepare a Summary of Recommendations in chart form, including the street
name, street segment, existing speed limit, recommended speed limit, 851h percentile speed, 501h
percentile speed (mean speed), 10 mph pace range, percent of vehicles in pace, date of survey,
and reason for speed limit change from the 85`h percentile. The Summary of Recommendations
will include all street segments studied, unless otherwise specified by City staff.
Task 6. Report Preparation
Consultant will prepare a final report that will be certified, stamped, and signed by a Registered
Traffic Engineer in the State of California. Prepare a comprehensive report which includes:
a) A certification suitable for submittal to the municipal court system.
b) Speed survey operational procedures.
8
I;\cmo\Agreements\RK Engineering Group, Inc. Agreement FY24-000I.docx-ms
c) A description of the purpose and methodology of speed zone establishment.
d) A description of statistical analysis factors.
e) A description of the field data used in analyzing the related roadway characteristics.
f j Accident history for the street segments.
g) Results and recommendations.
h) The Summary of Recommendations in chart form.
Task 7. Public Presentation
Consultant will present the final report to the Traffic and Parking Commission for
recommendation to the City Council for adoption. This proposal includes Consultant's
attendance and presentation of the report at two (2) Traffic and Parking Commission meetings,
two (2) public workshops and two (2) City Council meetings.
9
I:\emo\Agreements\RK Engineering Group, Inc, Agreement FY24-0001.docx-ins
EXHIBIT "B"
PROJECT SCHEDULE
Month
Task
Task Description
Sep-
Oct-
Nov-
Dec-
Jan-
Feb-
Mar-
Apr-
May-
Jun-
Jul-
Aug-
Sep-
Oct-
Nov-
Dec-
2024
20024
2024
2024
2025
2025
2025
2025
2025
2025
2025
2025
2025
2025
202S
2025
Project
1
Management/
Kick -Off Meeting
2
Data Collection
3
Field Review
Speed Limit
4
Determination
Summary of
5
Recommendations
6
Report
Preparation
Public
7
Presentations
(6 meetings)
IO
I:Icmo\Agreements\RK Engineering Group, Inc. Agreement FY24-000I.docx-ms
EXHIBIT "C"
FEESCHEDULE
Robert. Kahn,
Bryan Estrada,
Justin Tucker,
Michael Torres,
Diaua
P.E. T.E.
AICP PTP
P.E. T.E.
EIT
Knoob
Total
(Pounding
(Principal)
(Associate
(Engineer ill)
(Exec. Asst.)
Tax
Task Description
Hour
Subtotal
Running
Principal)
Principal)
y
$190
$185
$170
$115
$70
1
Project Management
16
4
8
28
$ 4,200
$ 4,200
Data Collection:
2
Veldcle Speed
4
4
32
40
$ 5,100
$ 9,300
Sumeys, ACT Counts,
and Collision Data.
3
Field Review
4
4
40
48
$ 6,020
$ 15,320
4
Speed Limit
Determination
4
8
8
16
36
$ 5,440
$ 20,760
5
Summary of
4
4
4
8
20
$ 31100
$ 23,860
Recommendations
6
Report Preparation
4
4
24
8
40
$ 4,740
$ 28,600
7
Public Presentation (6
20
4
4
28
$ 4,660
$ 33,260
Public Meetings)
Subtotal Tasks 1-7
8
60
32
120
20
240
$ 33,260
$ 33,260
Direct Costs (Canals, Travel, Reproduction, otc.)
$ 19,740
$ �53,000
Total
$ 53,000
II
IActraMgmementARK Engineering Group, Inc. Agreement FY24-OOOl.docx-ms
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
VEC_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.
RK ENGINEERING
�GROUP,
4INC. I J 1
By: vs�1-.�vs..a,. �-a Date: 049 12.1 1 Za 2+ J
Bryan E ada, Principal
12
C\cmo\Agreements\RK Engineering Group, Inc, Agreement FY24-000 Ldocx-ms