1 AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND TDG ENGINEERING, INC.
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and TDG Engineering, Inc., a California corporation ("Consultant" or “Contractor”).
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
4. Insurance. Consultant shall adhere to the insurance requirements outlined in Exhibit “D”, unless otherwise waived by the City’s Risk Manager.
5. California Labor Law Requirements. Consultant agrees to comply with all applicable California Labor Law Requirements as forth in Exhibit "E". * * * * *
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
2 3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Consultant's completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
3 7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver. 4 11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, agents, and designated volunteers (collectively, “Indemnitees”), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys’ fees and costs 5 of defense, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
a. Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) arising out of or related to the performance of this Agreement, excluding Consultant’s design professional services, and to the maximum extent permitted by law, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
b. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
c. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of 6 any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws. a. Acknowledgement. Consultant acknowledges that eight (8) hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twentyfive dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. In the event this project is a public work to which prevailing wages apply, Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit “E”, which is attached hereto and incorporated by reference.
18. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
7 19. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant’s assets occurs, which reduces Consultant’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
20. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
21. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
23. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant. 8 24. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
25. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
26. Time of Essence. Time is of the essence of this Agreement.
27. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
28. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
29. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
30. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
31. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
32. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
33. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material 9 defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
34. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
35. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
36. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
10 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 17th day of September, 2024.
CITY OF REDONDO BEACH, TDG ENGINEERING, INC.,
a chartered municipal corporation a California corporation __________________________ By: _______________________
James A. Light, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
Jessica Fields
Regional Operations Director
11 EXHIBIT "A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
I. CONSULTANT’S DUTIES
Consultant has been retained to perform transportation planning and engineering design services for the Diamond Street Restriping/Redondo Union High School Access Project (PCH to Prospect), collectively referred to as the “Project”. The City will be the lead agency. Consultant’s scope of work shall be executed in two phases, authorized separately as Phase I and Phase II.
A. PHASE I
1. Task 1 – Project Kickoff & Ongoing Management
Consultant shall:
1.1 Prepare for and participate in a Project kickoff meeting with City staff within two weeks of receiving the Notice to Proceed. During this meeting, the Consultant will establish Project expectations, review the scope of work, schedule, deliverables, budget, key Project assumptions, data availability, and communication protocols.
1.2 Hold five (5) team coordination meetings to provide Project status updates and reflect progress. Ensure Consultant’s designated Project Manager will document and communicate progress through monthly reports and invoices submitted to the City.
2. Task 2 – Evaluation
Consultant shall:
2.1 Work with the City of Redondo Beach staff to determine the extent and format of existing GIS inventories, traffic counts, the most recent five (5) years of available crash data, standard plans, and other relevant planning documents to create a comprehensive existing data and analysis framework. Utilize open-source data and imagery to fill data gaps. Utilize this collected data and the Stakeholder Engagement Session described herein to identify opportunities and constraints, and develop planning-level concepts that illustrate the future vision for the corridor.
2.2 Conduct field observations in the Fall when school is in session, specifically during the peak morning and afternoon school arrival/departure periods at Redondo Union High School (“RUHS”). 12 Utilize a set template of forms previously used in Safe Routes to School projects to consistently document conditions ensuring a robust and comprehensive approach to observing human behavior and
documenting what Consultant see at schools. At the Consultant’s discretion, conduct observations with City staff, and conduct intercept surveys with students, school staff, and parents/caretakers. In addition, conduct observations along El Redondo Avenue at the rear of RUHS to provide high-level curb space recommendations. Summarize the findings in the Evaluation Memorandum.
2.3 Conduct MUTCD warrant analyses, Highway Capacity Manual traffic analysis, and/or an agreed-upon approach at the five (5) all-way stop controlled intersections. The evaluation will focus on whether the current intersection control is needed and whether other intersection control may be more appropriate. Data collection costs (from NDS) have been included in this scope of work, can be updated once the Consultant has a better understanding of data the City and/or School may have available, current warrant methodology the City may currently rely upon, and the final approach desired.
Generally, all-way stop control is justified by a Warrant Analysis per CA MUTCD Section 2B.07. The MUTCD offers guidance on what should and may be considered in the engineering study but does not require that any specific things be considered (i.e., there are no shall clauses), meaning that what is ultimately included in the City’s engineering study is at the traffic engineer’s discretion. The MUTCD warrants include details related to (1) crash history, (2) minimum volumes (typically at least 8 hours per location) and 85th percentile speeds on major streets, (3) combination of crash history and volumes, (4) Engineering Judgement, and (5) other potential criteria including the need to control left-turn conflicts, vehicle/pedestrian conflicts, sight distance issues, and improvement to traffic operations.
2.4 Conduct a parking occupancy study along Diamond Street between PCH and Prospect Avenue. This study shall include the collection of parking occupancy data on both sides of the street each hour for up to consecutive 12 hours. Document conditions during peak school arrival/departure times, as well as periods of the day outside of the typical school hours. Summarize the data to identify peak parking capacity, potential under-utilized curbside space, and overall demand along the corridor.
13 2.5 Review all materials and findings through its data collection and analysis, community and stakeholder engagement, and concept designs to make informed Project recommendations. Vet these recommendations with City staff and share with the public. Support the recommendations by the quantitative and qualitative metrics identified through the engagement process. Use easy-to-understand graphics and data summaries to communicate recommendations and develop cost estimates to ensure projects are achievable within available funding. Use the cost estimates as one of the key metrics to ensure the projects are achievable within the available funding. Summarize all findings and analyses in an Evaluation Memorandum, which will also describe proposed design treatments, lowcost interventions, and site requirements.
2.6 Draw from public engagement result in Task 3, collected data (from the public and traffic counts), field observations, and existing roadway conditions to develop planning-level concepts that illustrate the future vision for the corridors. Ensure that these concepts include a mix of cross-sections and plan view concepts.
Develop typical cross-sections to show travel lanes, bicycle facilities, and sidewalk widths along the Project corridors. Include preliminary pavement marking and signing, traffic calming elements, and identification of opportunities for streetscape enhancements, ADA upgrades, and crossing treatments in these plans. Develop up to two concept plans of short-term treatments implemented via slurry seal.
Prepare conceptual design work, which includes an assessment of turning vehicles at intersections where traffic calming treatments or crossing enhancements (e.g., painted curb extensions, modified corner radii) may reduce the space available for turns by larger control and design vehicles. Use AutoTURN software to complete this evaluation for fire trucks, emergency vehicles, and other necessary design vehicles.
3. Task 3 – Stakeholder and Community Engagement
Consultant shall:
3.1 Facilitate one meeting with various stakeholder groups to generate direct feedback from users of the transportation system. Hold this meeting as a small focus group, with direct outreach to specific community advocates to ensure diverse perspectives and in-depth conversations.
Work with City staff to identify members for the Stakeholder Group. Use its own network of community connections to recruit participants.
Potential attendees may include school leaders, community leaders, City enforcement, local organizations, the Fire department, health district, and other key stakeholders.
3.2 Conduct one-on-one conversations at the RUHS with the principal, safety officers, parents, students, and residents of the community to obtain input 14 on near-miss collisions and perception of safety. This will inform our understanding of the safety on this corridor. Inform the community members to learn about the Project details while engaging in hands-on activities interacting with community leaders and agency staff. Host inperson community workshops to focus on soliciting input on potential design treatments, quantitative and qualitative metrics and goals, and any other elements of the Project identified by the Project team. Provide digital workshops as an alternative for those unable to attend or prefer to engage online. Utilize paper-based activities, which can be replicated as online digital activities for the in-person workshops. Use these sessions as a guide for subsequent Project development, introducing long-term ideas as potential future treatments, and displaying concepts developed in Task 2 to gather feedback about short-term intervention treatments.
Summarize design recommendations and public feedback in an evaluation memorandum in Task 2 for review and acceptance. In the memo, include hand drawn typical sections and color-blocked PDF planview drawings showing the relevant existing and proposed design features.
3.3 Prepare plans using AutoCAD software.
B. PHASE II
If authorized by the City in writing, the following tasks shall be performed.
4. Task 4 – 60% PS&E. Following the selection of a recommended alternative with input from the public and the City, Consultant shall develop a 60% PS&E package consisting of 20-scale sheets with relevant limits of modification, removals, and restorations in plan and cross-section views anticipated to be approximately 12 sheets. Consultant shall ensure the package includes the following:
4.1 Cover Sheet w/ Vicinity Map and Index: 1 sheet
4.2 Legend, Abbreviations, and General Notes: 1 sheet
4.3 Typical Roadway Sections: 1 sheet
4.4 Construction Details: 2 sheets
4.5 60% Signing and Marking Plans: 7 sheets
Consultant shall calculate 60% level quantities and opinion of construction costs based upon the approved 60% construction plans and current unit bid prices.
Consultant shall ensure the deliverables rely on Consultant AutoCAD Standards as construction cross-section sheets are not included.
15 5. Task 5 – 100% PS&E
Consultant shall:
5.1 Revise the 60% plans and opinion of cost estimate based on the City's comments and prepare a 100% PS&E package.
5.2 Submit the 100% plans and estimate package to the City for a 100% check print before assembling the contract documents. Deliver the comments electronically and incorporate into the 100% bid documents.
5.3 Include the City prepared special provisions and Bid Schedule in the Contract Book for construction.
5.4 Ensure deliverables rely on Consultant AutoCAD Standards.
Construction cross-section sheets are not included.
II. CITY’S DUTIES
City will:
A. PHASE I
2. Task 2 – Evaluation
2.1 Provide copies of related traffic studies, planning and environmental documents, and information on upcoming projects which may have an impact on the design of the corridor.
2.2 Provide base files such as topographic, R.O.W., curb line, and Quality Level B subsurface utility surveys for the project corridor in AutoCAD format if available.
2.3 For Task 2.6, provide deliverables electronically (hard copies will not be required).
3. Task 3 – Stakeholder and Community Engagement. Provide the materials and design of flyers, e-communications, and mailers to provide sufficient notice to community members of these sessions.
4. Task 5 – 100% PS&E. Prepare any special provisions and the Bid Schedule, which Consultant shall include in the Contract Book for construction. 16 EXHIBIT "B"
TERM AND TIME OF COMPLETION
TERM. The term of the Agreement shall commence on September 17, 2024 and continue until June 30, 2027, unless otherwise terminated as herein provided. Consultant shall complete all duties in accordance with the City’s designated schedule, which may be modified by the City at its sole discretion.
17 EXHIBIT "C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
I. AMOUNT. Consultant shall be paid in accordance with the fee schedule, attached hereto as Attachment “C-1”. In no event shall Consultant’s total compensation, including any reimbursable expenses exceed the following amounts. Notwithstanding the foregoing, amounts allocated to specific tasks in the fee schedule may be reallocated to other tasks provided that the total compensation does not exceed the total Not to Exceed Amount.
Phase Not to Exceed Amount
Phase I $52,357
Phase II $32,608
Total Not to Exceed Amount $84,965
II. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices shall describe the services performed, dates of service, hourly rate, number of hours worked, title of staff person, task number, fee for task, phase number, subtotal, and total amount. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back-up material upon request.
III. SCHEDULE FOR PAYMENT. Invoices shall be monthly in arrears based upon the time spent during the previous month for which an invoice shall be submitted. City will pay Consultant within thirty (30) days of receipt of monthly invoices; provided, however, that the services are completed to the City’s full satisfaction and the cumulative payments shall not exceed the amounts set forth in Section I of this Exhibit “C”.
IV. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, email, or personally served, and addressed to the following parties.
Consultant: TDG Engineering, Inc.
8484 Georgia Ave Suite 800
Silver Spring, MD 20910
Attention: Adam Vest, Project Manager
Email: [email protected]
18 City: City of Redondo Beach
415 Diamond Street, Engineering Services Division
Redondo Beach, CA 90277
Attention: Ryan Liu, City Transportation Engineer
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided that no “bounce-back” or similar message indicating non-delivery is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) upon personal delivery. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party in accordance with this section.
19 ATTACHMENT C-1
FEE SCHEDULE
City of Redondo Beach
Diamond St. School Access Study and Short-Term PS&E Toole Design Hours and Budget Estimate
August 2, 2024
Hourly Rate
Work Element Classification/Title
Description
$ 290.00 $ 240.00 $ 172.00 $ 156.00 $ 114.00 $ 154.00
HOURS LABOR DIRECT
EXPENSES
TOTAL Principal in
Charge
Engineering
Lead I
Project
Engineer EngineerIII Planner Planner III
Phase I
Task 1 - Project Kickoff & Ongoing Management
$ 5,308 Kick-off meeting
5 update meetings
4 6 10
14 $ 2,192.00
6 8 $ 3,116.00
Task 1 Total 10 0 14 0 0 0 24 $ 5,308.00
Task 2 - Evaluation
$ 32,309 Task 2.1 Data Collection (Speed, 24 hour, 3 locations) Task 2.2 Field Observations
Task 2.3 Traffic Analysis (TMC up to 5 locations)
Task 2.4 Parking Evaluation (12 hour consecutive)
Task 2.5 Alternatives Analysis
Task 2.6 Concept Development
2 Concept Designs (color-blocked) - 1 pg each
Deliverable Evaluation Memo
4 8 12
12 16
14 28
0 42
38 $ 2,536.00 $
$ 2,536.00 $
$ 3,224.00 $
$ 2,500.00 $
$ 5,144.00
$ -
$ 7,216.00
$ 5,468.00
345
120
1,875
1,345
4 8
4 12
2 4 8
4 16 8
4 8 30
2 8 20 8
Task 2 Total 24 0 64 30 20 24 162 $ 28,624.00 $ 3,685
Task 3 - Community Engagement
$ 14,740 Task 3.1 Stakeholder Engagement Session
Task 3.2 High School Engagement Session
4 6 24 16 50
48 $ 7,392.00 $
$ 7,048.00 $
150
4 4 24 16 150
Task 3 Total 8 0 10 0 48 32 98 $ 14,440.00 $ 300
Phase II
Task 4 - 60 % PS&E
$ 20,008 60% S&M Plans and other sheets
Meeting to review City comments
Quantities, Cost Estimate
4 8 12 56 80
8 24
$ 13,880.00
$ 1,884.00
$ 4,244.00
2 4 2
2 2 4 16
Task 4 Total 8 14 18 72 0 0 112 $ 20,008.00 $ -
Task 5 - 100% PS&E
$ 12,600 100% S&M Plans and other sheets
Meeting to review City comments
Quantities, Cost Estimate
4 6 8 24 42
8 16
$ 7,720.00
$ 1,884.00
$ 2,996.00
2 4 2
2 2 4 8
Task 5 Total 8 12 14 32 0 0 66 $ 12,600.00 $ -
50 12 102 62 68 56 $ 80,980.00 $ 3,985.00 $ 84,965.00
Phase I $ 52,357
20 EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California.
Employer's Liability Insurance.
Errors and Omissions liability insurance appropriate to the consultant's profession.
Architects' and Engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit of $4,000,000 shall apply separately to this project/location.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Errors and Omissions liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, 21 employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance, or as a separate owner's policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Errors and Omissions policy, if written on a claims made basis, shall be maintained by the Consultant for a period of one year after the completion of the project.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant's part. 22 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City's requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
23 EXHIBIT "E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771.4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 24 8. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require 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 contract.”
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless, and defend (at Contractor’s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties, or other amounts arising out of or incidental to any acts or omissions listed in this Exhibit “E” by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees, and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. This indemnification obligation shall survive the termination of the Agreement.