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HomeMy WebLinkAboutContracts & Agreements_161-2025AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Consulting Services for Compliance with Assembly Bill 413 ("Agreement") is made and entered in this 5 h day of August, 2025 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and TKE Engineering, Inc., a California corporation ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Parry" and, together, as the "Parties." hi 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 Consulting Services to survey intersections and crosswalks in the City for compliance with Assembly Bill 413 (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 Tabitha Crocker, Facilities and Community Services 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 in accordance with the schedule set forth in Exhibit `B," titled "Project Schedule," which is attached hereto and incorporated herein by reference. 4.2 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. I IAcmo\Agreements\TKE Engineering, Inc. AB413 Compliance FY2526-006.docx-ms ARTICLE 5 - PAYMENTS TO CONSULTANT 5.1 Compensation: Total compensation for Consultant's performance of the Services shall not exceed the amount of Forty Thousand Three Hundred Forty Dollars ($40,340.00). 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" 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: Terry Renner, P.E., P.L.S, Q.S.D. TKE Engineering, Inc. 2305 Chicago Avenue Riverside, CA91584- 92507 trenner@tkeengineering.com 951-680-0440 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 - provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. 2 lAcmo\Agreemems%TKE Engineering, Inc. AB413 Compliance CY2526-006.docx-ms 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 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. IAcrno\Agreements\TKE Engineering, Inc. AB413 Compliance FY2526-006.doex-ms 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. 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 4 IAcmo\Agneements\mcE Engineering, Inc. AB413 Compliance FY2526-006.docx-ms 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. 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. 5 I:\cmo\Agreemmts\TKE Engineering, Inc. AE413 Compliance FY2526-006.docx-ms IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REPLANDS X By: " 1iwa OWL ,4r-U '�Q ar 7 s M. uggan, Jr., City Manager ATTEST: Je6h6 Donaldson, City Clerk TKE ENGINEERING, INC. Bye Terry, Re ier, . ., P.L.S, Q.S.D., Senior Vice President 6 IAcmo\Agreements\TKE Engineering, Inc. AB413 Compliance FY2526-006.docx-ms EXHIBIT "A" SCOPE OF SERVICES Task 1— Scoping Discussion / Kick -Off Meeting The consultant shall participate in a kick-off meeting with City staff to confirm the study's goals and desired outcomes and refine the project approach and methodology. This will include finalizing: • Location Selection Criteria • Methodology for Data Table Development • Methodology for GIS Mapping • Field Observation Sampling and Protocol • Quality Control Measures The scope will include analysis of up to 100 intersections and 90 mid -block crosswalks throughout the City of Redlands. Deliverable: Meeting summary and final scope confirmation memo. Task 2 — Desktop Data Table Development Using tools such as Google Earth, Street View, and other available mapping platforms, the consultant will produce a georeferenced Excel table that identifies: • Crosswalk or intersection location • Directional leg of the intersection • Presence of marked or unmarked crosswalks • Existing parking space locations on the approach side of each leg • Estimated distance from the crosswalk to a parked vehicle (to assess compliance with the 20-foot or 15-foot requirement under AB 413) • The number and locations of parking spots removed as a result of this requirement The table shall include a column indicating whether the site will require compliance action (e.g., signage or curb marking). Deliverable: Draft and final Excel tables with compliance indicators. Task 3 — Field Observation and Validation The consultant shall conduct field visits to validate data from Task 2 at a minimum of 25% of locations (randomly selected and confirmed with City staff). 7 I:\cmo\Agreements\TKE Engineering, Inc. AB413 Compliance FY2526-006.docx-ms Fieldwork will include: • Verification of parking proximity and signage • Assessment of parking utilization (e.g., near -capacity usage) • Noting obstructions that impair visibility (trees, poles, etc.) • Identifying opportunities for curb painting or signage adjustments Updates from field data will be incorporated into the main data table. Deliverable: Field notes, photos (as applicable), and updated Excel database. Task 4 — GIS Mapping and Deliverables The consultant will prepare a GIS file and accompanying PDF map identifying: • All intersections and mid -block crossings in the study • Parking locations within the critical 20-foot or 15-foot "daylighting" zones • Locations requiring corrective action under AB 413 Deliverables: • Final GIS files (compatible with the City's GIS system) • ,High -resolution PDF map(s) categorized by compliance status • Map legend Optional Task 5 — Cost Estimate for Implementation At the City's request, the consultant shall provide rough cost estimates for implementing compliance at identified sites. This may include: Installation of "No Parking" signs Red curb painting Other visibility enhancements Deliverable: Summary report with implementation cost ranges and prioritization matrix. 8 IAcmo\Agreements\TKE Engineering, Inc. AR413 Compliance FY2526-006.doex-ms EXHIBIT 'B" PROJECT SCHEDULE Task Task 1 — Scoping Discussion / Kick-off Meeting Task 2 — Desktop Data Table Development Task 3 — Field Observation and Validation Task 4 — GIS Mapping and Deliverables Task 5 — Cost Estimate for Implementation Duration 1 Day 1-2 Weeks 3-4 Weeks 2-3 Weeks 1-2 Weeks 1:\cmo\Agreements\TKE Engineering, Inc. AB413 Compliance FY2526-006.doex-ms EXHIBIT "C" FEESCHEDULE Project Traffic Asst Clerical N o. NO' Task Manager Engineer Engineer / Hours Hours Hours Designer Hrs 1 Scoping Discussion / 4 8 4 Kickoff Mt 2 Desktop Data Table 8 16 48 8 Develop. 3 Field Observation & 8 24 16 8 Validation 4 GIS Mapping & 8 16 64 8 Deliverables 5 Cost Est. Implementation 4 12 24 8 Staff Rate Per Hour Project Manager $175.00 Traffic Engineer $185.00 Asst. Engineer/Designer $145.00 Clerical $90.00 Reimbursables include cost for Prints, Copies and Mileage 10 I:\cmoWgreementsUKE Engineering, Inc. AB413 Compliance FY2526-006.doex-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 X 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. TKE ENGINEERING, INC. B- Date: 08/08/2025 Terry, Renrier, P.E., P.L.S, Q.S.D., Senior Vice President 11 I:lcmolAgreementsl= Engineering, Inc. AB413 Compliance FY2526-006.docx-ms