Agenda Item No. 7
Rul
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer YT Landon Kern, Assistant City Engmeey,\0411"
Todd Gutjabr, Public Works Analysw
FOR: City Council Meeting of February 13, 2023
SUBJECT- Award of Contracts — On -Call Professional Transportation and Traffic Engineering Services
That City Council
1. Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract with Hartzog & Crabill of Tustin, California. in the not -to -exceed amount of $175,000 for providing On -Call Professional Transportation and Traffic Engineering Services for FY2022/2023 and FY2023/2024; and
2. Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract with Fehr & Peers of Riverside, California. in the not -to -exceed amount of $ 100,000 for providing On -Call Professional Transportation and Traffic Engineering Services for FY2022/2023 and FY2023/2024; and
3. Award and authorize the Mayor to execute a contract, and the City Manager or his •- to administer the terms of the contract with Michael Baker International of Ontario, • in the not-to-exeeed amount of $45,000 for providing • • Transportation and Traffic Engineering Services for FY2022/2023 and FY2023/2024.
The City's Capital Improvement Program (CIP) includes multiple transportation/traffic infrastructure projects and programs. Several of these projects require professional Transportation and Traffic Engineering services prior to implementation and/or construction and are an essential resource for staff to evaluate design options/alternatives and to ensure eligibility for State/Federal grant funding.
The selected consultants will assist staff in preparing and completing these required Transportation and Traffic Engineering services. These professional services include, but are not limited to, traffic signal engineering/design, transportation design services, traffic engineering warrant analysis (stop sign warrant analysis, traffic signal warrant analysis, etc.), traffic modeling, and plan check services. 150
City Council Meeting of February 13, 2023
Award of Contracts — On -Call Professional Transportation and Traffic Engineering Services
On January 10, 2023, the City accepted proposals for On -Call Professional Transportation and Traffic Engineering Services for FY2022/2023 and FY2023/2024. The following nine (9) firms submitted their qualifications and proposals for these services:
Firm
Office Location
I
Mingar & Associates
Laguna Hills, CA
2 Hartzog & Crabill, Inc.
Tustin, CA
3 KOA
San Diego, CA
4 Fehr & Peers
Riverside, CA
5 Transtech
Chino, CA
6 Interwest
Ontario, CA
7 TKE
Riverside, CA
8 Michael Baker International
Ontario, CA
Traffic, Inc.
Carlsbad, CA
Taking into consideration the firms' qualifications, previous project experience, and scope of work, three (3) staff members rated the submittals based on the City's administrative qualifications -based selection process. Three firms were deemed the most qualified to provide the services being requested. Staff is recommending the award of two-year contracts (with the right to extend the Contracts for one additional two-year period, under the same terms and conditions as the original Contract) for On -Call Professional Transportation and Traffic Engineering to Hartzog & Crabil, Inc. in the amount of $175,000, Fehr & Peers in the amount of $ 100,000, and Michael Baker International in the amount of $45,000.
It is important to note that Hartzog & Crabill, Inc., Fehr & Peers, and Michael Baker International have previously provided the City with professional transportation and traffic engineering services in the past, and their work has been deemed satisfactory.
I W&WAUtilm IUWI r-.-m 1 Orem I= RON 14 10 1 IV I I N4 a I I a I I M. I 101-63 1 it -Ilia 01 a III oil Attachments: List of Projects Requiring Professional Transportation and Traffic Engineering Services in Fiscal Years 2022/2023-2023/2024
Agreements for Professional Transportation and Traffic Engineering Services Approved bly•
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Project Description
Estimated
Transportation/Traffic
Engineering Costs
Estimated Construction
Cost
County Line Road Corridor Improvements (Bryant Street to 1-10 Freeway) $
10,000-00
$
8,001,000
Intersections Along Avenue E, Baant Street to 5th Street (1) $
15,000.00
$
8,421,005—
Yucaipa Blvd Improvements, 15th Street to 1-10 Freeway (Yuc Blvd 18th to 1-10 Yuc Blvd 16th to 17th) $
20,000.00
$
12,922,000
County Line Road at 1-10 Freeway Interchange (PSR/PR Phase) $
5,000.00
$
94,000
Yucaipa Blvd and Bryant Street Roundabout
$
5,000.00
$
753,000
Pavement ManaEement Program (2)
$
5,000.00
$
3,297,000
Traffic Calming Program (2)
$
20,000.00
$
40,000
Yucaipa Boulevard Traffic Signal Interconnect Fiber Optic Upgrade $
5,000.00
$
184,000
Yucaipa Blvd Traffic Signal Interconnect/Synchronization $
5,000.00
$
50,000
Oak Glen Widening, Colorado Street to Outer Highway 10 South $
90,000-00
$
773,000
Speed Limit Survey - 2023/24 (City wide Engineering)
$
70,000.00
General Traffic Engineering Services
$
55,000M
El Dorado Park/Five Winds Ranch Facility Improvements(Multiple Phases) $
8,000.00
$
2,182,000
Dunlap Park
$
7,000.00
$
1,855,000
(1) Project being completed in phases
(2) Annual Project/Program
includes consultant and staff -time costs.
Total
$
320,000
$
38,572,000
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated February 13, 2023, ("Effective Date") and is between the City of Yucaipa, a California municipal corporation ("City") and Hartzog & Crabill, Inc., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties" and individually as a "Party." A. City issued a Request for Qualifications/Proposals on December 15, 2022, titled "Request For Proposals/Qualifications To Provide On -Call Professional Transportation and Traffic Engineering Services." The Consultant submitted a proposal dated January 10, 2023, in response to the RFP.
B . Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees.
C. City desires to retain Consultant as an independent contractor, and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties, therefore, agree as follows:
1. Consultant's Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the "Services") to provide on -call professional transportation and traffic engineering services for various design and construction projects, which will include, but not be limited to, traffic engineering warrant analysis, traffic signal engineering/design & implementation, traffic signal timing/phasing design, traffic signal plan check services, and/or construction management services (including on -site visits; review of material submittals, shop drawings, and test results; and response to RFIs). The services shall include consultation regarding electrical design, as attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties and any increase or decrease in compensation shall be incorporated by written amendments to this Agreement.
B, Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be Trammell Hartzog, President (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's Services under this Agreement. Consultant shall not change the Consultant Representative without City's prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
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D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has or will secure all personnel required to perform the Services required under this Agreement at its own expense. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state, and local laws, ordinances, codes, regulations, and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits, and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $175,000 (the "Maximum Compensation") for such Services.
B. Expenses. City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit B. In no event shall reimbursable expenses collectively exceed the total sum of $0.00.
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services or reimburse for any expenses not set forth in Exhibit B, unless the City Council or City Representative, if applicable, and the Consultant Representative authorize such services or expenses in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. Any additional expense authorized by the City Council or (where authorized) the City Manager shall be reimbursed in the amounts authorized by the City Council or City Manager. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Invoices must be submitted to Todd Gutjahr, City of Yucaipa, 34272 Yucaipa Blvd. Yucaipa, CA 92399. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City -2-
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shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City.
5. Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. -3-
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C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant's Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement. 1 1 01IFF i 1 11 111F 1 -1111!1111111
A. Indemnities.
1) Where the services to be provided by Consultant under this Agreement are design professional services as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant's indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the indemnified party and shall not exceed the Consultant's proportionate percentage of fault.
As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Consultant agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Consultant's -4-
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performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the Agreement of the Parties.
B . Workers' compensation Acts not Limiting. Consultant's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
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1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $ 1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code I (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $ 1,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees)
4) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
B. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non -Contributing. For any claims related to this Contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -6-
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E. Consultant's Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
F. Deductibles and Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entitv .1.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement.
The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. Cily Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in fall force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
1. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 8 of this Agreement. -7-
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K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
L. Subcontractor Insurance Requirements. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
M. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
10. Mutual Cooperation.
A. Cily's Coo peratio City shall provide Consultant with all pertinent Data documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.
B. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B . Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by P. I
this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, Judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve the Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant's and City's regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
•
City • Yucaipa
Attn: Development Servic
34272 Yucaipa Boulevard
Yucaipa, • 92391
Hartzog & Crabill, Inc
Attn: Trammell Hartzog
17852 E. 17'h Street, Suite 10 1
Tustin, CA 92780
16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, -9-
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and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should;Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant.
In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
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22. Non -Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal Year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal Year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal Year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal Year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant's proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," "will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. "Business days" means days Yucaipa City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether Contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Yucaipa.
30. Attorneys' Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in Contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all
attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement. -12-
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City: Consultant:
City of Yucaipa, Hartzog & Crabill, Inc.
a California municipal corporation a California Corporation By: By:
Name: Justin Beaver
Title: Mayor
ATTEST:
LO
Name: Kimberly J. Metzler
Title: City Clerk
By:
Name: Steven Graham
Title: City Attorney
am
Name:
Title:
Name:
Title:
-13-
165
jLul WHIMMEATAIN
ABILL,ln
F,l�E
Train reil Hartzog, President
1 :Gerald J. Stock, PE, TE,
Executive Vice President
17852 E. 17'" Street
Suite 101
Tustin, GA 92780
:
Phone: (714) 731-9455
FAX: (714) 731-9498
' s�rvw�v.hartzo�-erabill.cotn
7 A
1_3
January 10, 2023
Mr. Fermin Preciado, P.E.
Director of Development Services/City Engineer
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
SUBJECT: STATEMENT OF QUALIFICATIONS FOR:
ON -CALL PROFESSIONAL TRANSPORATION AND
Hartzog & Crabill, Inc. (HCI) is pleased to submit these qualifications to the City of Yucaipa to provide On -Cali Professional Transportation and Traffic Engineering Services. HCI understands that it is the City's intent for this process to result with entering into a non-exclusive, multi -year professional services agreement with a qualified firm on an on -call, as -needed basis for the design and construction of various local, state, and federal - funded Capital Improvement Program (GIP) projects throughout the City:
The fiscal years included in a new abreement are FY 2022/23 and FY 2023/24, with the possibility of one two-year extension of the contract under the same tends and conditions:
Once a firm is approved, the City gray authorize a firm to complete specific engineering services to assist City staff on a City -requested Task Girder basis as deemed necessary to fulfill the City's needs. HCI proposes to provide our professional traffic engineering services to the City addressing all tasks identified in the City's Request for Qualifications (RFQ).
HCI has thoroughly examined and become familiar with the work required under this RFQ, and is capable of performing quality traffic engineering work to acldeve the City's objectives under a new two-year contract. The City's RFQ is incorporated in its entirety as part of our qualifications.
We look forward to continue sharing our experience and expertise, moving ' toward a goal of ever -improving traffic safety and efficiency in the City of ,771
Yucaipa, by augmenting the City's professional engineering capabilities and ` providing high -quality, very timely expertise, when needed, z
I, Trammell Hartzog, ant president and co-owner of HCI, a California corporation, and am legally authorized to commit to contractual terms and conditions resulting from this submittal. Gerald J. Stock, PE, TF, is executive vice-president, co-owner of HCI, and is also legally authorized to commit to contractual terms and conditions resulting from this submittal.
Consulting 1rqflie 'rzgir�e zs to Government Agencies
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Mr. Fermin Preciado; P.E.
January 10, 2023
77 Page 2 of 2
Our general company information, including legal name, address, telephone number, and title information of our two company principals is provided below:
Hartzog & Crabill, Inc.
17852 E. 17"i Street, Suite 101
Tustin, CA 92780
Phone (714) 731-9455
Attn. Mr. Trammell Hartzog, President
Email: tram7ell ci hartzou-crabill.com
Attn: Mr. Gerald, J. Stock, PE, TE, Vice President
Email: [email protected]
If selected, Mr. Jerry Stock and I will remain as I4CI firm principals. Our Senior Engineer, Mr. .% Scott Ma, PE, TE, as well as our Associate Engineer, Mr. Michael Vallado, will oversee any day- to-day, on -call traffic engineering services requested by the City of Yucaipa.: Additionally, our Traffic Signal Systems Supervisor, Mr. Greg Cabey, as well as our Specialist, Michael Powers, will also remain available for any traffic signal timing requests.
As wehavebeen serving the City of Yucaipa for numerous years, HCI is very familiar with the City of Yucaipa's agreement and insurance requirements. Upon execution of a new :agreement, HCI confirms that our insurance- shall meet or exceed the City's Rl~Q requirements. HCI is proposing this project as a sole prime consultant, and does not intend on using any sub -consultants; with exception to requested and City -approved traffic count data collection, as well as possible design potholing services for traffic signal foundations. The attached qualifications will remain Avalid for a period of (90) days from the date of this submittal later, and may be extended via written authorization by HCI upon request by the City.
e encourage City staff to contact our references listed in our qualifications, and solicit additional information regarding our firm's personnel and qualifications. By signing this confer letter of transmittal below, we both attest that all information submitted in the attached qualifications is true and correct. On behalf of our entire HCI staff, we sincerely appreciate the opportunity to submit these qualifications and being considered to continue serving your community, Very truly yours,
HARTZOG & CRABILL, INC.
Trammell Hartzog -Gera d J. Stock, 4,-'
President Executive Vic 'President
City & Traffic Engineering Services
Attach: Qualifications
f
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7 STATEMENT OF QUALIFICATIONS FOR
ON -CALL PROFESSIONAL TRANSPORTATION
AND TRAFFIC ENGINEERING SERVICES
Prepared for.
City of Yucaipa
3472 Yucaipa Boulevard
Yucaipa, CA 92399
Attention:
r. Fermin Preciado, P..,
`
hector of Development Services/City Engineer
Presented by:
Hartzog & Crabill, Inc.
Traffic Engineers
17852 E. 17t" Street, Suite 101
Tustin, CA 92780
y
(71) 731-9455
77 HARTZOG
IRABILL,Inc.
{
January 10, 2023
169
Statement of Qualiflications for Prof. Trans. & Traffic Engineering Services, or the City of Yucaipa, CA
Table of Contents
Pncre Nn.(.q)
Section
Description
Cover Letter:
initial pages
1 Past Experience / Finn Background:
1-10
2 & 3
Staffing / Assignment of Responsible Representative:
10-14
4 Sub -Consultants:
14-15
5 Proposed Hourly Rate Schedule:
15 0
Appendix:
Resumes
0 0
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,Statement cif Qualificalionsfor Prof' Trans. ct, Traffic En areer nor Scrr ice. fear the Cily qf)"zicailm, CA Below and on the following pages, Hartzog & Crabill, Inc. (HCI) has provided our responses to the City's requirements set forth in Section IV. Proposal Requirements- of the City of Yucaipa's RFQ (Page 1), We have incorporated the exact order of the numbered format below and on the following pages to facilitate the City*s review.
1. PAST EXERIENCE / FIRM BACKGROUND:
Below is a listing of eight (8) relevant City references where HCI continues our on -going, on -call traffic engineering services for rev iew/veri fication of our experience:
1. City ofBellflower- City Engineer& City Traffic Engineer Contract Services, Mr. Len Gorecki, Public Works Director, leorecki(@bellflower.or (562) 804-1424 (since 2000) Project Manager and Principal in Charge — Mr. Gerald J. Stock, PE, TE
2. City of Cypress - City Traffic Engineering & Signal Operations Services, (since 1994) Mr. Nick Man-kalakiri, PE. Assistant City En(-,[email protected], , (714) 229-6750 Prcject Manager and Principal in Charge ot'Signals — Mr. Tranunell 1-lartzog
3. City of Hermosa Beach - Oil -Call City Traffic Engineer Conti -act Services (since 2006) Mr. Lucho Rodriguez, Deputy City Engineer, I rod rig, u ez(ZDherqi osa bc li . org, (3 10) 318-02 1 O Conti-act City Traffic Engineer — Mr. Scott Ma. PE, TE
4. City of Laguna Hills - City Traffic Engineering & Signal Operations Services (949) 707-2655 Mr. Joe Allies, PE, Public Works Director/City Engineer, james'nalaguilahillsCA.2ov On -Call Traffic Engineering Services (since 2000)
Project Manager and Principal in Charge of TE Services — Mr. Gerald J. Stock, PI-,_, TE On -Call Traffic Signal Operations Support Services
Project Manager. and Principal in Charge of Signals — Mr. Trammell Hartzog Z-1
5. City of Lake Forest— City Traffic Signal Management Services, (949) 461-3480 Mr. Tliornas E. Wheeler, �.E., Director of Public Works, twhee I err@ lake ficirestea.gov As -Needed Professional Engineering Services (since 2014) Project Manager in Charge of Traffic Engineering Services— Mr. Scott Ma, PE, TE
6. City of ustin - City Traffic Engineering & Signal Operations Services. (714) 573-3263) I Engineering -) I I
Mr. Ken Nisliikawa, Deputy Director Of Public Works, Kw Nishikaa(WtL stinca.org As -Needed Professional Engineering Services (since 1994) Project Manager in Clulr-c of Traffic Engineering Services— Mr. Doug Anderson t� Z__
Traffic Signal Operations Support Services / Signal Monitoring Project Manager and Principal in Charge of Signals — Mr. Trarrunell 1-lartzo- On-Call Traffic Signal. Signing & Striping, & Traffic Control Plan -Checking Services Signal. Z-1 C,
Project Manager in Charge of Plan -Checking Services — Mr. Scott Ma, PE..TE 7, City ofYorba Linda -On-Call City "Traffic Engineering Services. (714) 961-7170 Mr. Tony Wall-, Traffic Engineering Manager, twang
1.� _nayorbaLuldaca.goy (since 1994)
Project Manager and Principal in Charge of Signals — Mr. Trannnel I -Hartzog 7 Page I
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Suitenient of Qualificationsfor Pr qf Trems. & Trqf ffie E ho)neering Seri,icesfir the 0' 1, oJI"iteciipa. (A
1. PAST EXERIENCE / FIRM BACKGROUND: (continued)
Hartzog & Crabill, Inc. (HCI) is a California corporation operating as a private traffic engineering consulting firrii, which has been in business since 1993 offering the same types of traffic engineering set -vices under the same name (over 29 years of'related eNperience). The fin -it's sole office location is headquartered in Tustin, CA, which provides quick, easy access to the majority of our client cities. Our general firm inforitiation, including legal name, address, telephone numbers. and title information of our two company owners/principals are provided below:
Hartzog & Crabill, Inc.
17852 E. 17"' Street, Suite 101
Tustin, CA 92780
Phone (714) 7' ) 1-9455
Fax (7 t 4) 7311-9498
Attn: Mr. Trammell Hartzog, President
Entail: trainmellhartzo(,>-crabill.coiii
And
Attn: Mr. Gerald J. Stock, Executive Vice President
Email: istocknahartzog-crabill,com
Trammell Hartzog is the president and co-owner (50%) of HCI, and is authorized to commit to contractual terms and conditions resulting from this submittal. Gerald J. Stock, PE. TE, is the executive vice-president and co-owner (50%) of HC4 and is also authorized to commit to contractual terms and conditions resulting from this submittal. If selected, Mr. Jerry Stock will be the firin's primary point of contact in regards to executing the agreement with the City of Yucaipa.
HCI has had no failures or refusals inn completing a contract, and has no financial interests or conflicts in other lines of business.
LOCATION
The firm's Tustin office location, near the Santa Ana (1-5) and Costa Mesa (SR-55) Freeways, provides quick and easy access to the majority of our client cities. The office and its employees total twelve (12) individuals who comprise a complete staff of professional engineers and support technicians where all work products are prepared. All design and drafting work is accomplished Z=1 C�
using state-of-the-art AutoCAD software and personal office computers. All of our staff operates from our Tustin headquarter office,
DESCRIPTION OF FIRM
FICI is a consulting engineering firm specializing in serving local government agencies with a full array of engineering services, including serving several of our client cities as contract City Traffic I
Engineer, contract City Engineer. and "on -call" City Traffic Engineer. Specific to traffic engineering, traffic signals operations, and transportation plarming, FICI performs various traffic services including, but not limited to, the following:
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Stateinent of Qualifications for Prof. Trans. & Traffic Engineering Services for the City of Yucaipa, CA Design of traffic signal and striping plans, specifications, and estimates (PS&E); traffic control plans; preparation of warrant analyses for traffic control devices (traffic signals, Stop signs, crosswalks, flashing beacons, RRFBs, etc.); engineering and traffic surveys for establishing speed limits; review of traffic impact analyses; on -going remote and local (off-sitelon-site) management of local agency traffic signal systems; development and design of traffic signal coordination systems, and assist cities with coordination of services completed by their traffic signal maintenance contractor.
LI HCI also provides construction observation services on behalf of our client cities relative to the installation of new or upgraded traffic signals, lighting, and copper/fiber optic interconnect communications in order to verify compliance -with approved PS&E. Additional services provided - by HCI include land survey; plan -checking and approval of subdivision maps; civil engineering design; grading/drainage plan checking; landscape architecture including mmior public art.
LI Since its inception in 1993, HCI has proven itself as a leader in client satisfaction through successful project completion. This is evident in the continued and long-standing relationships we In
have maintained with our numerous client cities. The successes are attributed to the "hands on" approach that is demonstrated by our firm principals, Mr. Trammell Hartzog and Mr. Jerry Stock, as well as other staff members.
Mr. Hartzog's experience covers over (40) years involving a specialization and unmatched expertise in traffic signal design, signal operations, and signal system coordination. Mr. Stock is a registered Civil and Traffic Engineer whose experience covers over, (30) years and has been serving the City of Bellflower since 2000 as both contract City Engineer and City Traffic Engineer. In addition to our technical expertise, a cornerstone of HCI's success is our work ethic, loyalty to our client cities, completion of assigned tasks on schedule, and ability to effectively communicate with the public, City staff, and elected officials.
TYPICAL SERVICES
Working with numerous Southern California cities, HCI has been responsible for directing the activities of Traffic Divisions, providing expertise to City Engineering and Planning staffs, and responding to requests, inquiries and concerns of citizens and City Council members; and other services identified by the City of Yucaipa's. RFQ for overall traffic engineering services.
If desired, our overall services available to the City of Yucaipa include the following:
Traffic signal design
Signing and striping design
Develop and implement traffic signal timing plans
• Develop, design and implement traffic signal coordination systems Traffic management plans (traffic control plans)
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Statement of Qualfficationsfor Prof. Trans. & Traffic Engineering Services for the City of Yucaipa, CA TYPICAL SERVICES (contd)
•
Warrant analyses for traffic control devices, such as traffic signals, Stop signs, crosswalks •
Engineering and Traffic Surveys for establishing speed limits e
'Review of traffic impact analyses
•
Remote and local (off-sitelon-site) management of traffic signals •
Review all proposed improvements, development, site and traffic management plans to ensure conformance with applicable standards (City, AASHTO, CaL AIJUTCD, etc.) LI
•
Develop traffic -related conditions of approval for planning and development applications @
Identify and prepare applications for public improvement funds/grants •
Coordination of activities of our client cities' traffic maintenance contractor •.
Contract City Traffic Engineering
e
•
Land surveying/plan-checking and approval of subdivision maps Civil engineering design
•
Grading/drainage plan -checking
•
All other traffic -related impact reports, surveys and analyses From our office location, HCI also continuously operates eleven (11) agencies' citywide traffic signal systems. The local agencies where HCI operates and maintains the coordination timing for traffic signals are the following cities:
1) Aliso Viejo 5) Laguna Hills 9)Stanton
2) Cerritos 6) Moorpark 10) Tustin
3) Cypress 7) Rancho Santa Margarita 11) Yorba Linda
F1 4) Indian Wells 8) San Juan Capistrano
HCI understands that the engineering services described in this RFQ for various construction projects, which may be requested by the City include, but are not limited to, traffic engineering warrant analysis, traffic signal engineering/design & implementation, traffic signal timing/phasing design, traffic signal plan -check services, construction management services (including on -site visits, review of material submittals, shop drawings, and test results), and responses to RFIs.
We also understand that the requested services shall be performed in compliance with City standards, City specifications, Caltrans Manuals, Standard Plans and Specifications for Public Works Construction, latest editions, San Bernardino County Surveyor's office requirements, and Caltrans Standard Plans and Specifications, latest editions.
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Statement of Qualifications for Prof Trans. & Traffic Engineering Services for the City of Yucaipa, CA
1. PAST EXERIENCE /FIRM BACKGROUND: (continued)
ON -CALL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICE] As can be seen from our past experience, HCl has been providing similar on -call traffic engineering services, as well as traffic signal operations support services, to several Southern California local city agencies for numerous years.
It is noted, HCI has reviewed all tasks identified in the City's RFQ, under Section II. And V., and confirm that they are all included as part of our services offered to the City.
We are providing our knowledge, skill sets, qualifications, and experience related to what is being n sought in this discipline (as listed below):
1. Design En in Services ra c Si
, Signal Interconnect, &ITS Design Plans)
HCI has extensive experience in the development of traffic engineering plans, such as new traffic signal, traffic signal modification, signal interconnect, and ITS as these are among our firm's primary service products. Upon request by the City's contract officer, HCl will generally begin a traffic design by completing a topographic field -review of the intersection/location. More specifically, HCI staff conducts a field review to verify existing equipment and/or document roadway features including curb, gutter, median alignments, sidewalks, driveways, catch basins, curb returns, bus and bicycle routes, signing and striping. HCl also reviews the project roadways and compare the layout drawings against existing field conditions. Potential conflicts between proposed improvements and underground/overhead utilities (other infrastructure) are investigated.
HCI then prepares a base design plan using AutoCAD for the project location. After incorporating all necessary utility data, a preliminary traffic plan is prepared that takes the existing and modified street and intersection geometries into consideration, along with other factors that may influence the design and/or operation of the system. Each traffic design plan includes necessary notes/specifications for applicable equipment removal and installation.
The • • • traffic signal • work is designed in conformance with Sections 86 and 87 of the State • • (Caltrans) Specifications and Standard Plans, latest edition, and is compliant with the City's most current signal design -standards and technical provisions. The traffic plans generally include: General and construction notes, phase diagram, conductor, detector and pole schedules, and any other details necessary for construction, The plans are typically prepared at 20-scale or 40-scale and plotted on 'D' size (24 "x3*6 ") sheets with standard City title block. HCI usually provides a 60% and 90%-complete progress submittal of the preliminary traffic plans to the City • •- review. Comments received • the City's review are incorporated in a timely manner into the final 100% plan submittal.
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Statement of Qualcationsfor Prof. Trans. & Traffic Engineering Servicesforthe City of Yucaipa, CA HCI also has extensive experience in the development of signing and striping plans, signing/striping modification plans, and traffic control plans. For each of these types of plans, HCI includes applicable technical provisions and -engineer's estimates that complement each plan set providing complete PS&E ready for construction bidding on time and within the City's approved schedule. All plans are prepared under our licensed Traffic and Civil Engineers.
It is important to note, all of our staff assigned to serve the City of Yucaipa have a thorough knowledge and proficiency in the local agency municipal codes, current State (Caltrans) standard plans and specifications, Highway Design Manual, Highway Capacity Manual, California Manual on Uniform Traffic Control Devices (CA MTJTCD), policies and procedures for ADA regulations, traffic signal timing, traffic engineering modeling and methodologies, ITS, Federal/State/County/City funding, traffic standards and methodologies, and the State of California Vehicle Code.
Our team will provide the City with all materials and labor to perform the requested traffic engineering design services and conform to these standards. In addition to our technical expertise, our staff possesses the ability to effectively communicate in oral or written form and have no difficulty speaking before groups. HCI staff will attend City staff, City Council, Planning Commission, and any other extraordinary meetings or events, as needed and requested by City.
HCI staff does have the expertise to complete all traffic engineering services as listed in the City's RFQ, including working with other agencies such as Caltrans, When required.
HCI understands that the on -call professional engineering services that may be requested by the City's contract officer may involve plan -check services for the consultant to provide services on behalf of the City in accordance with current Traffic Engineering and Traffic Operations principles and design requirements. As an approved consultant, HCI will perform plan checks and reviews in accordance with any applicable City Design Manual, Standard Plans, Technical Provisions, Planning and Design Guidelines for Bicycle Facilities, and Transportation Guidelines, Caltrans Highway Design Manual, CA MUTCD, and the Caltrans Standard Plans and Specifications.
HCI's experience and expertise allows quick and complete site plan review for all types of traffic engineering applications, as well as several civil, applications, to deterinine, conformance to traffic, parking, access, street and pavement, subdivision requirements, meetings with developers or contractors to resolve traffic issues, with capability to present findings to City staff, City Council and/or Traffic or Planning Commissions.
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Statement of Qualifications for Prof. Trans. & Traffic Engineering Services for the City of Yucaipa, CA 11111111111 1 111111 11 9
Upon request, HCI staff will red -line a plan and/or render and remit a typed plan -check correction/clarification list (2 copies) to the Development Services Department/Engineering Division within (10) working days from notification by the City fora typical development project.
HCI's traffic plan review check list is comprised of the following:
✓
V
Date Reviewed
Action Required
✓
Reviewed by Engineer
✓
Project Name & No.
✓
Professional Engineer's Approval Signature Block
Professional Engineer's Stamp
V
North Arrow
V
Map Scale
V
Street Names
✓
General Notes
a
✓
Standard Plans Effective
V
Standard Plan Call -Outs
✓
Construction Notes
✓
Utilities with Contact Information
V
Right -of -Way
✓
Driveways
✓
Sidewalk and Curb Pedestrian Ramps
v/
Cross -Slope Sections and Profile (if applicable)
✓
Dimensions
LJ
✓
Sawcuts
V
Signing and Striping Design
✓
Tapers
tJ
✓
Turning Templates
✓
Sight Distance, Vision Clearance
✓
Traffic Signal Design
✓
Traffic Signal Coordination
✓
Pedestrian Circulation
V
Street Lighting
HCI has the capability and does practice digital plan review. As this method has been requested in order to conserve materials and plan delivery time, HCI staff receives traffic plans in PDF format for plan -check review. Our designers review each plan and provide comments in using the Adobe Acrobat PDF or Nitro PDF programs.
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These softwares provide the "commenting" features to provide dated connnents on the PDF file in red text ' strike -outs, leader arrows, and applicable notes. In this way, the comments may be saved and emailed back and forth from/to the City, in a neat manner.
If the City prefers, HCI also has the capability to more Quickly print plans received by the city on full-scale sheets from our plotter, and have our engineers prepare plan -check comments by hand in red pencil/pen. Upon completion, the sheets are scanned into our network as PDF files using our large-scale color scanner. These files are then emailed to the City quickly without having to use regular mail or overnight delivery. If requested, our reviews conclude with developing detailed, project -specific Conditions of Approval for the City's consideration. It is noted that many development -related services such as the review of street improvement or traffic signal plans are project specific and are treated as recoverable project costs. With our internet based tools and 12- jJ available staff, HCI is very capable of taking on and efficiently managing multiple design/review projects.
Our staff also prepares numerous amounts of traffic operations and warrant analysis reports every year for various city agencies, such as operational level -of -service (LOS), traffic signal warrants, left -turn phasing warrants, queuing analyses, multiway stop warrants, traffic signal master plans, flashing beacon warrants, traffic calming assessments, citywide Engineering and Traffic (E&T) surveys for speed limits, etc. HCI staff also completes field reviews for sight distance, orders applicable vehicular and pedestrian count data, and quickly gathers, prepares, analyzes SWITRS collision data (via i-SWITRS website), prepares exhibits, and develops reports for literally hundreds of traffic studies for our client cities.
HCI may also provide critical intersection calculations on a bi-annual basis for compliance with the region's Congestion Management. Program (CMP). HCI typically gathers peak -hour turning movement counts for the specified intersections, and applies the traffic volumes, number of lanes flfor, each approach leg, and timing. More specifically, HCI utilizes the Intersection Capacity Utilization (ICU) or the Highway Capacity Manual (HCM) methodologies, as appropriate, to complete peak -hour intersection level -of -service (LOS) calculations. Typically, HCI uses the HCM to determine LOS at traffic signalized intersections using the Synchro Traffic Signal software, unless the ICU methodology is specified. HCI then reviews the results, determines applicable deficiencies, and provides recommendations for improving LOS to acceptable standards, such as additional lanes, protected left -turns, overlap phases, and improved signal timing.
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Statement of Qualifications for Prof. Trans. & Traffic Engineering Services for the City of Yucaipa, G4 It is noted, we are including an explanation of our on -going traffic signal support services for the City's review. We understand these particular services may not be required; however, they are provided as part of our experience information for the City's consideration.
As mentioned, HCI currently manages the traffic signals and signal systems of (11) cities on a daily basis. Consequently, we have a very good understanding and are infinitely familiar with both the Econolite control equipment as well as the Centracs and Aries Traffic Management System softwares for traffic signal systems management. In regards to coordination timing and separate time -referencing devices, all signal controller time clocks that we manage are constantly updated through our Centracs and Aries Traffic Management softwares, which are always connected to the GPS time via internet.
HCIs project -specific experience includes extensive knowledge on the local agency's signal Q)
controllers. HCI staff continuously (daily) interfaces with the signal controllers in our client cities which currently use the Econolite ASC/2S, ASC/3, and the latest Cobalt system controllers, the ASC/2M. master controllers, and managed by the Centracs and Aries Traffic Signal Management systems.
HCI staffs "hands-on" traffic signal timing experience comprises all levels of timing applications, including timing input into signal system controllers manually and from our traffic signal management center through our licensed system software, designing and installing special "custom" traffic signal operational circuitry, and maintaining signal interconnect operations.
Our same team members have been working with several City staffs during the past several years in successfully monitoring their City's. systems.
Lastly, throughout the past years, HCI has. maintained a good working relationship with Caltrans, as several projects have been implemented that successfully interfaced with freeway interchange traffic signal systems.
In conjunction, HCI staff continues our on -going excellent relationships with most traffic signal, lighting, and signal maintenance contractors (and their technicians) including Econolite (Aegis), Siemens ITS, Crosstown, Bear Electric, St. Francis, as well as with Caltrans and the County of Riverside for any shared City/State or City/County intersections.
The specific approach to our on -going traffic signal operations management services that HCI provides to our client agencies includes the following:
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Statement of Qualifications for Prof. Trans. & Traffic Engineering Services for the City of Yucaipa, CA
1. PAST EXE RIENCE, / FIRM BACKGROUND: (continued)
HCI typically provides a Traffic Signal Systems Specialist for the monitoring support on all the City's traffic signals. The Specialist sets up the Scheduled Operations on the Centracs or Aries Traffic Management systems specifically for our client City's systems in order to automatically perform a variety of tasks. Specifically, the Centracs/Aries functions and Specialist's time spent on these services include performing the following daily sub -tasks:
1. The Scheduled Operations automatically gather and store historical data and real-time information on all the City's traffic signal operations programmed;
2. The data is reviewed daily to verify that all traffic signals are working properly;
3. Any malfunctions logged are reported to the City's designated traffic signal maintenance contractor, for dispatch;
4. The historical data is also analyzed to identify traffic volumes and patterns in order to assist in determining if adjustments to signal timing is necessary; S. Verify if all timing is programmed correctly in each master and local controller.
HCI staff typically reports traffic signal problems and malfunctions to the City's traffic signal maintenance contractor -within (24) hours. HCI staff coordinates work associated with the City's contractor and also provides verification to the City of their completed work. HCI staff often assists the City in resolving traffic signal control complaints by speaking by phone/email/in-person with the residents)/City personnel on their specific request/complaint. HCI staff completes the necessary investigation and makes recommendations to the City on identified traffic signal improvements, such as equipment upgrade, more efficient signal phasing, significant timing adjustments, any new coordinated signal control .systems, etc.
Upon City request, HCI staff may also drive a project arterial during peak -periods in order to Verify and fine-tune coordination timing. If necessary and approved by the City, HCI also coordinates/gathers updated traffic counts as part of the investigation.
The above approach has proven to be a valuable service to our client cities, as the on -going scheduled traffic signal management has minimized overall time in troubleshooting, repair, and maintenance company efforts by City staff on their citywide traffic signal system. In turn, this controlled management service actually saves the City on the amount of time and personnel required to monitor and repair signal related issues.
2. STAFF SPECIFICALLY AVAILABLE TO BE ASSIGNE D TO PROJECTS:
3. ASSIGN A RE SPONSIBLE REPRE SENTATIVE:
HCI staff is comprised of (12) engineering professionals and technicians who have the proven ability/expertise to meet the ever -changing, challenging needs of the modem city. As shown on the next page, HCI is providing an organizational chart showing the relationship of the City of Yucaipa and our proposed consultant team. Our proposed personnel are all headquartered in our Tustin office and will remain during the term of the agreement.
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Slutement ref Quu1zflcu1ionsfar Pro Trcins. S, Tr , a1,11 611 (1 /1 f fic the 04 (f c h) , C
2. STAFF SPECIFICALLY AVAILABLE TO BE ASSIGNED TO PROJECTS:
3. ASSIGN A RESPONSIBLE REPRESENTATIVE:
CMY OF
- - - - - - - - - -
FirmCo-Principal-in-ChargeFirm Principal -in -Charge
Trammell Hartzog, — — ® Jerry Stock, PE, TE,
F Principal Principal Firm Principal Engineer
Trammell Hartzog
Jerry Stock, PE, TE
Scott Ma, PE, TE
Scott Ma, PE, TE
Senior Engineer
Bernie Dennis, TE
Michael Vallado,
Associate Engineer
Michael Vallado
Greg Cabey, Traffic Signals
l Dave Martorano,
Systems Supervisor
iii
Senior Designer
Todd Hartzog,
Senior Designer
Bess TestLab, Inc. NDS, Inc.
(potholing sub) (count data sub)
ENEEEIM,
(under Mr, Stock's direction)
CL Surveying
(Surveying Services)
HCI is proposing as the prime consultant, with two possible sub -consultants: NDS and Bess.
National Data & Surveying Services, Inc. (NDS) may be used more frequently for requested traffic count data collection associated with reports. surveys, studies, and investigations. Bess Testlab will only be used as-needed/approved for design potholing of traffic signal pole foundations.
Our proposed HCI staffing plan to provide the various on -call Transportation and Traffic Engineering Services as listed in the City's RFQ follow:
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Statement of Qualifications for Prof. Trans. & Traffic Engineering Services for the City of Yucaipa, CA
2. STAFF SPECIFICALLY AVAILABLE TO BE ASSIGNED TO PROJE CTI
3. ASSIGN A RE SPONSIBLE RE PRE SENTATIVE: (continued)
I NO
Mr. Gerald J. Stock, PE, TE — Civil/Traffic Principal Engineer Mr. Scott Ma, PE, TE — Senior Engineer, Project ManagerfResponsible Representative Mr. Bernie Dennis, TE — Senior Engineer, Municipal Services Michael A. Vallado — Associate Engineer, Alt. Project Manager/Responsible Representative Mr. Dave Martorano — Senior Designer
a
Mr. Trammell Hartzog, Principal
Mr. Greg Cabey — Traffic Signal Systems Supervisor
Mr. Todd Hartzog — Senior Designer
Mr. Michael Powers — Traffic Signal Systems Specialist
Although not anticipated during the term of a new contract, any proposed changes in our staff personnel will be submitted to the City of Yucaipa for review and approval.
Irelwasygell 4 - a - I
U Mr. Gerald J. Stock, PE. TE —_Fit m Principal, Civil & Traffic Principal EMgtneer Mr. Gerald 'Jerry' Stock has been executive vice president of HCl for 22 years. He is a registered professional Civil and Traffic Engineer with more than (3 1) years of municipal engineering experience. Jerry presently serves the City of Bellflower as contract City Engineer and City Traffic Engineer since November 2000. Prior to Bellflower, he also served the City of Norwalk as City Engineer, as a member of City staff. As such, he has first-hand experience with the day-to- day challenges, as well as opportunities, for the development of solutions to a variety of traffic/transportation-related issues. Jerry also currently assists the City of Bellflower by establishing Conditions of Approval for development and planning applications. He assists the City of Bellflower with review of traffic impact analysis reports, as well as the preparation of such reports for redevelopment type projects in the City of Bellflower.
Mn Trammell Hartzog, Principal — Firm Principal, 0A10C Man Mr. Trammell 'Train' Hartzog has been president of HCI for over 29 years. He will serve as QA/QC Manager for the City of Yucaipa in regards to possibly requested traffic signal operations support services. As QA/QC Manager in charge of the traffic signal support services, he will ensure that communication between the City of Yucaipa and HCI occurs at regular intervals. With over (40) years of experience, he is a recognized expert in the area of traffic signal design and operations. Tram has designed and timed numerous traffic signals, and presently provides traffic signal operations services to (11) Southern California cities.
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nStatement of Qualcationsfor Prof. Trans. & Traffic Engineering Servicesfor the City of Yucaipa, CA
2. STAFF SPECIFICALLY AVAILABLE TO BE ASSIGNED TO PROJECTS:
3. ASSIGN A RESPONSIBLE REPRE SENTATIVE: (continued)
Mr. Scott Ma, PE,
TE — Senior Engineer. Project ManggfrlRgMonsible.Representative Mr. Scott Ma has been a senior engineer with HCl for 14 years. He is currently providing part- time contract City Traffic Engineer services to the Cities of Lake Forest and Hermosa Beach.
Scoff will remain available as the responsible representative to serve the City of Yucaipa and provide On -Call Transportation and Traffic Engineering Services, as needed. Scott is a licensed Civil and Traffic Engineer registered in the State of California and brings over (22) years of engineering experience. Scott's experience includes reviewing and conducting a variety of traffic studies including but not limited to, warrant analyses, preparing and reviewing traffic impact analyses reports and recommendations, responding to community requests such as crosswalks, traffic signals, Stop signs, parking matters, and also performing project management that includes the final design preparation and submittal of project plans, specifications, and estimates (PS&E).
His experience also includes overseeing numerous aspects of our client cities' consulting service requirements in regards to review of traffic -related requests, analyses and operational studies, permits, and other daily duties requested.
Mr. Bernie Dennis, TE. Senior Engineer (Municipal Services) Mr. Bernie Dennis is a registered Traffic Engineer with over 50 years experience in traffic and transportation engineering services, including planning and conducting of studies and reports associated with all aspects of traffic operations, traffic safety issues, and neighborhood preservation; public and private parking facility utilization; design and operation; transportation planning that includes focused traffic studies; environmental impact report development and analysis; site plan review and circulation analysis; intelligent highway systems; grant development and application; and, upon request, presentations to City Council, Planning Commission, Traffic Commission or other community groups and organizations. As a Senior Engineer for HCl over the past 20 years, Bernie has been Consulting Traffic Engineer for the Cities of Yorba Linda, Rancho Santa Margarita, and Menifee, as well as provided a variety of traffic, transportation and planning services to several of HCI's clients. Bernie will remain available to serve the City of Yucaipa and provide On -Call Transportation and Traffic Engineering Services, as needed.
Mr. Michael A. Vallado —Associate Engineer. Alt. Project ManyXjrlRes onsi le Representative Mr. Michael 'Mike' Vallado provides assistance to our two firm principals and two senior engineers in the area of preparation of traffic signal and left -turn phasing warrant analysis reports, traffic signal operations (LOS) and queuing analyses, Stop sign analyses, and related project specifications. Mike will remain available as a main point of contact/responsible representative, if Scott Ma is unavailable, to serve the City of Yucaipa and provide On -Call Transportation and Traffic Engineering Services, as needed. Mike brings over (24) years of experience specifically related to traffic -engineering and signal design. Five of these years were devoted to running the City of Glendora's Traffic Engineering section, while the past (19) years have been with HCI. His primary responsibilities with HCI include preparing signal analysis reports & recommendations, warrant analyses and evaluations, project specifications, and final review/preparation of PS&E to our client cities.
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StaterVent of Qualifications for Prof. Trans. A Traffic Engineering Services for the City of Yucaipa, CA
2. STAFF SPECIFICALLY AVAILABLE TO BE ASSIGNED TO PROJECTJ
3. ASSIGN A RE SPONS113LE REPRESENTATIVE- (continued)
Mr. Gre Cabev — Traffic Signal Svstenn SuEervisor
g
Mr. Greg Cabey brings over (3 1) years of traffic signal experience to the HCI team and may be involved in certain City -requested traffic signal timing support services. Prior to his 19 years at HCI, Greg was a Lead Technician for Peek Traffic for over 12 years. Besides his HCI experience, it should be noted, Greg spent much of his time at Peek within this area, as this was one of several areas assigned to him. This experience has allowed him to retain in-depth knowledge on the types of controllers in the area's traffic signal system. He is certified as an International Municipal Signal Association (IMSA) Level III Traffic Signal Technician. Greg's extensive field experience with signal systems/timing will aid in the complete success for possible on -call traffic signal timing and operations support services.
27WQIIWW c, rtora n o — Sen ior D es ign er
Mr. David 'Dave' Martorano provides assistance in the area of traffic engineering design, as well as be available to conduct field -reviews for traffic signal, equipment and signing/striping-related tasks. Dave has been with HCI for 28 years with overall experience in traffic engineering design.
His responsibilities with HCI include project research and full AutoCAD design on all traffic - related projects, including traffic signal, interconnect, signing/striping, and traffic control plans.
Mr. Michael Powers — TrajfLc Si-nal!yLstenn S peeia
Mr. Michael Powers has been with the HCI team for over (9) years, and will also remain available to assist with City -requested traffic signal timing support services. Michael brings over (32) years of traffic signal experience, certified as an International Municipal Signal Association (IMSA) Level III Traffic Signal Technician. Prior to HCI, Michael worked for Siemens as a Lead Technician for over (20) years, and is very familiar with the City's signal system.
As mentioned, HCI anticipates using NDS, headquartered in Los Angeles, as our sub -consultant for obtaining City -requested traffic count data collection. Typically, HCI works with NDS to collect required vehicular traffic and pedestrian data as part of City -requested surveys, studies, and investigations. Founded in 1989, NDS was, established to deliver accurate and professional solutions to their client's traffic, transit and GIS/GPS data collection needs. NDS has over (30) years of successful operations, and an outstanding team of numerous professional fall time employees that have established them as the foremost, fall service traffic and transit data. collection company on the west coast. NDS is certified as a SBE by the State of California. HCI has successfully partnered with NDS on numerous data collection projects over the last (19) years, realizing their competitive pricing on their efficient data collection.
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77 Stalelneni (?f Qua4ficaiionsftw Pr qf Trans. & Trajft Engineering Ser0cesJ61- the City qfYticaipa, CA Projects that HCI has completed with NDS include data collection for numerous stop sign warrant analyses, traffic signal warrants analyses, left -turn phasing/delay warrant studies, citywide E&T speed limit surveys, citywide ADT flow snaps, truck classification counts for TI calculations., traffic signal timing development (free & coordinated timing), Synchro Level -of -Service (LOS) operational/queuing analyses, crosswalk analyses, video surveillance, and parking studies. Upon request by the City, HCI will work with NDS to conduct count data collection specific for each task.
Bess Testlab. Inc.
77,
A s mentioned, as part of certain City -approved preliminary traffic design work, HCI will use a certified potholing company, such as Bess TestLab, Inc, (Bess), as our sub -consultant. We realize that certain traffic signal pole foundations are larger diameter and deeper per the latest State standards, and contractors may have issues with conflicting underground utilities when digging the new foundations. 'rherefore, upon prior City approval as part of the completion of certain preliminary traffic sign
al designs, HCI and Bess will identify the actual locations in the field for the proposed larger -size signal pole foundations in the field. Bess will then complete the number of City -approved potholes at the project location.
This potholing task is becorning more necessary in order to verify that equipment such as new Z:1
traffic signat pole foundations being designed are accommodated in the corner sidewalk area, and prevent having to relocate pole placement during construction, or worst -case prevent having to re- order new traffic signal poles during construction, causing delay and extra costs. Bess uses special equipment, skilled personnel, certified safety -sensitive hazinat-trained technicians and Supplies required to perform designation and utility location services using dust -controlled. soil -monitored VOC (volatile organic compounds) sensored, soil extraction methods. FICI has successfully partnered with Bess (previously Saf-r-Dig) for potholing tasks on several design projects over the last five years, including for the Cities of Bellflower and Indio.
Bess Testlab, Inc.
1508 E. Francis Avenue, Unit A
Ontario, CA 91761
Ph: (909) 510-5535
www.besuestlab.com
As these RFQ services are on -call, as -needed type services, at this time HCI is providing our Schedule of Hourly Rates (attached in a separate envelope per Section IV of the City 's RFQ) for compensation of City -requested Transportation and Traffic Engineering Services.
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EXHIBIT r
APPROVED
MR.
5 6--ff-n
FEE PROPOSAL" FOR
STATEMENT'OF -OUALIFICATIONS FOR
ON -CALL PROFESSIONAL TRANSPORTATION
AND TRAFFIC ENGINEERING SERVICES
Prepared for:
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa,, CA 92399
Attention: --
Mr. Fermin Preciado, P.E.,.,
Director of Development Services/City Engineer
Presented by:
Hartzog & Crabill, Inc.
'Traffic Engineers
17852, E . i 17 th Street, Suite 101
Tustin,- CA 92780
('714).731-;9455
HARTZOG-&
CRABILLinc.
January 10, 2023
187
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HCI is proposing to provide requested on -call transportation and traffic engineering services to the City of Yucaipa per the City's RFQ, as listed under Section V. Scope of Work section, which include, but are not limited to;
• Engineering and traffic surveys to establish prima facie speed Emits throughout the City, according to the most current California Vehicle Code and California Manual on Uniform Traffic Control Devices.
• Traffic signal and stop sign warrants analysis for possible traffic signal or stop sign installations.
• General traffic engineering services associated with the planning, design, studies and evaluation of traffic engineering projects.
• General traffic engineering plan -checking services, which may include but are not limited to, review of traffic impact analysis reports, related environmental impact reports, and the preparation of traffic mitigation conditions. • Review and/or preparation of general traffic engineering design, striping plans, signal plans, and traffic control plans, along with the technical specifications for striping and traffic signal plans, in accordance With the design policies and standard plans of the City of Yucaipa Public Works/Engineering Division.
As these RFQ services are to be on -call type services to be completed on an as -needed basis, HCI is providing our Schedule of Hourly Rates (attached here) for compensation of City - requested Transportation and Traffic Engineering Services.
These rates wilt be valid under a new 2-year contract during FY 2022-23 and maintained up to the end of FY 2023-2024. HCI also understands there is anoption to renew the contract for 2 additional years under the same terms and conditions.
HCI understands that the City will request certain specific, project -related proposals from HCI, when needed. HCI proposes to use the attached hourly rates for our -proposed staffing plan positions that will be performing the various service categories, as well as for any requested tasks that may be completed on a Time -and -Materials (T&M) basis. 188
119���["Jjjjjj] Mg
FEE PROPOSAL (continued)
All proposed hourly rates and costs per the attached Schedule of Hourly Rates include miscellaneous costs such as travel time, duplication, materials, incidental services, and clerical, support.
HCI is proposing this project as a sole prime traffic engineering consultant, and does not intend on using sub -consultants or sub -contractors, with exception to requested/approved traffic count data collection and possible traffic signal foundation design potholing. A 15% fee for z1:7
administration, coordination, and handling will be added to the approved subcontracted services.
By signing this transmittal below, we both attest that all hourly rates and information submitted in this separate Fee Proposal will be adhered to when entering into a new agreement with the City of Yucaipa starting in FY 2022/23.
Very truly yours,
HARTZOG & CRABILL, INC.
Trammell Hartzog
President
/ 4
er_a'P—tc.-i
'd J. Stock, 4 F
Executive Vic P]
City & Traffic En
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Classification Hourly Rates
Expert Witoess/ Deposition .... ,.... ................... ................ ................. -................ $290
Litigation Consultation .... ... ............ _~.......... ___... ____ ............. _,....... ....
S260
Two -Person Survey C,en-................. .~....... ._~..~...... .......... ~.~-.~._.._- $280
Litigation Field Evaluation .—'-_................................................ $235
Principal CoosutaoL_'__.-,_. (Tram Hartzog 6&JorryStock, PE, T0)..... ..... &JOO
Project Manager ...... ....... ........ ____ ....... .... ... ...... _—'''-_'__~....... .......
S170
Registered Land Spn/uyoc`~-~~,-~'-_............... ___ ....... ~....... -....... ~-._- $16£
Senior Enooee`.'...UBoottMa, PE, TE,Bernie Dennis, TE,&Doug Anderson).
S155
Storm Water Permit Compliance Bogineei .............. ...... ...... ..... ............................ $155
Associate Omgincec........... =.... (Michael VmOadn)........ .... ... -..... ...... .............. $150
Construction Manuger.-..... ___ .... ..... ......... .............. ..................... .-................. 0140
Traffic Signal 8YetemSupervisor... (Greg Cabey).... ,_... ~........... ,__._....... ....... $140
Mural Artist .... ___'_-_......... ___ ~,........... °...... ...... ..,_..__.,__.....
G148
SeniorDesigner, ............... -......... {TnddHartzog & Dave Martorunn}........ -....... $125
Traffic Signal Systems Specialist ... (Dave Pickr*U& Michael Pnwmrm)—'--''_.
SO3U
AssistantBnoincec,......... ............. .............. ........... --................................. $125
Draftsperson.. ...'-'.......... ~~,~-~,~-_`-.................... ~~~-^~-__--_.~..........
S105
Technician.......................... ................... '..... __....... ,....... ,'_................ ^......... $gQ
Word Processor, ... ................... ............... ...... ........ ........ -'_-....................... . $ 75
C|ehoai... ............ .—.......... -........... _............... .................................................
S 60
Note: Out of pocket expenses (blUeprinting, reproduction, printing and delivery set -vice) will be invoiced at Cost. These other direct costs are included in the not -to -exceed values for the aforementioned scope mfservices. /\I5%fee for administration, coordination and handling ` will be added to subcontracted services. ]'his Schedule of Hourly Rates imeffective saoyJuly &, 2022. Rates may be adjusted after that date to compensate for inonoacs of inflationary trends.
Mileage shall be per current |R8 rate. Rate can be fbund at the fbUo`v` link:
��
J7852f�l, Street, Suite I0/ e TtmthmCAV3780 a/7/4873y-9455 190
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW
REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "publicworks" as defined in Division 2, Part 7, Chapter I (commencing with Section 1720) of the California Labor Code ("Chapter V). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter I and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be boundby all the terms, rules and regulations described in I (a) and I (b) as though set forth in fall 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 I above.
3. Consultant shall be registered with the Department of Industrial Relations inaccordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractorceases to be registered with DIR at any time during the duration of the project, Consultantshall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subjectto compliance monitoring and enforcement by DIR. Consultant shall post job site notices,as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of perdiem 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. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per them wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor CodeSections 1774 and 1775 concerning the payment of prevailing rates of wages to workersand the penalties for failure to pay prevailing wages. The Consultant shall, as a penaltyto City, forfeit $200.00 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 theworker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
W
7. Consultant shall comply with and be bound by the provisions of Labor CodeSection 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as speci ied in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor to Section 1771.4, Consultant and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the L.et rCommissioner.
8. Consultant shall comply with and be bound by the provisions of Labor CodeSections 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. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this W -apprelmur, 110uni pur.101FIMPRIffin r
Aleilielit 01 Luc J ORW
this Agreement.
9. The Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal orstate law providing for the debarment of contractors from public works. If the Consultantor any subcontractor becomes debarred or suspended during the duration of the proj ect,the Consultant shall immediately notify City.
10. Consultant acknowledges that eight 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 concermng� penalties for workers who work excess hours. The Consultant shall, as a penalt-m., to Cit-, R25.00 for each worker emrsd ied in the * forfeit Q7 performance of this Agreement by the Consultant or by any subcontractor for each calendar day during whiclisuch worker is required or permitted to work more than 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 Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation forall hours worked in excess of eight hours per day at not less than one and one-half timesthe basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employerwill be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies asfollows:
IM,
"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."
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor CodeSections 1860 and 3700, and Consultant 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.
Consultant shall be requiredto take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review ofthe certified payroll records of the subcontractor and upon becoming aware of the failureof the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors servingin the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental toany acts or omissions listed above by any person or entity (including consultant, its subcontractors, and each of their officials, officers, employees and agents) in connectionwith 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. All duties of Consultant under this Section shall survive the termination of the Agreement. 0 PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated February 13, 2023, ("Effective Date") and is between the City of Yucaipa, a California municipal corporation ("City") and Fehr & Peers, a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties" and individually as a "Party." A. City issued a Request for Qualifications/Proposals on December 15, 2022, titled "Request For Proposals/Qualifications To Provide On -Call Professional Transportation and Traffic Engineering Services." The Consultant submitted a proposal dated January 10, 2023, in response to the RFP.
B . Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees.
C. City desires to retain Consultant as an independent contractor, and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties, therefore, agree as follows:
1. Consultant's Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the "Services") to provide on -call professional transportation and traffic engineering services for various design and construction projects, which will include, but not be limited to, traffic engineering warrant analysis, traffic signal engineering/design & implementation, traffic signal timing/phasing design, traffic signal plan check services, and/or construction management services (including on -site visits; review of material submittals, shop drawings, and test results; and response to RFls). The services shall include consultation regarding electrical design, as attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties and any increase or decrease in compensation shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be Jason D. Pack, Principal (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's Services under this Agreement. Consultant shall not change the Consultant Representative without City's prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
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D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has or will secure all personnel required to perform the Services required under this Agreement at its own expense. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state, and local laws, ordinances, codes, regulations, and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits, and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $100,000 (the "Maximum Compensation") for such Services.
B. Expenses. City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit B. In no event shall reimbursable expenses collectively exceed the total sum of $0.00.
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services or reimburse for any expenses not set forth in Exhibit B, unless the City Council or City Representative, if applicable, and the Consultant Representative authorize such services or expenses in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. Any additional expense authorized by the City Council or (where authorized) the City Manager shall be reimbursed in the amounts authorized by the City Council or City Manager. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Invoices must be submitted to Todd Gutjahr, City of Yucaipa, 34272 Yucaipa Blvd. Yucaipa, CA 92399. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City -2-
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shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment: City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City.
5. Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. -3-
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C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant's Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
A. Indemnities.
I ) Where the services to be provided by Consultant under this Agreement are design professional services as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant's indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the indemnified party and shall not exceed the Consultant's proportionate percentage of fault.
As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Consultant agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Consultant's -4-
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performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the Agreement of the Parties.
B . Workers' compensation Acts not Limiting. Consultant's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City, D. Survival of Terms. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
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1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $ 1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code I (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease, (Not required if Consultant provides written verification it has no employees)
4) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
B. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non -Contributing. For any claims related to this Contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -6-
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E. Consultant's Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
F. Deductibles and Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement.
The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall fumish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as fall performance of Consultant's duty to indemnify City under Section 8 of this Agreement. -7-
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K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
L. Subcontractor Insurance Requirements. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
M. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
10. Mutual Cooperation.
A. Cily's Cooker atio City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.
B. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by -8-
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this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
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A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve the Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant's and City's regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
City of Yucaipa
Attn: Development Servic
34272 Yucaipa Boulevard
Yucaipa, California 9239911
Attn: Jason D. Pack, P.E.
3750 University Avenue, Suite 225
Riverside, CA 92501
16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, -9-
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and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns., and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant.
In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
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22. Non -Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal Year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal Year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal Year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal Year.
23. Exhibits. Exhibits A and B constitute apart of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant's proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," "Will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. "Business days" means days Yucaipa City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether Contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Yucaipa.
30. Attorneys' Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in Contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all _11-
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attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement. -12-
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Yucaipa,
a California municipal corporation
0 Name: Justin Beaver
Title: Mayor
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Name: Kimberly J. Metzler
Title: City Clerk
Name: Steven Graham
Title: City Attorney
Consultant:
Fehr & Peers
a California Corporation
By:
Name:
Title:
By:
Name:
Title:
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRE, D
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January IQ 20231
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Mr. Fermin Preci@do, RE,
Director of Development Services/City Engineer
City Of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Subject: Proposal for On -Call Transportation and Traffic -Engineering Services To the City Of Yucaipa for Fiscal Years 2022/2023 and 2023/2024
Dear Mr. Preciado,
At Fehr & Peers, our core value is to ".Aransforn-i transportation COIISLI[ting as the most trusted partner in the COMMUnities we serve..." Given this mission, OLJrfOC1_IS is to be that trusted partner and fOCLIS on COI-Itint-ted work with the local communities we serve, such as YLIC@il)@. Serving COMITILInitieS from our local offices gives LIS an Understanding of the issues and needs of the C01111111-Inity, which better allows LIS to develop SOILItiOnS that represent the Goals @11d values of the agency.
To that end, we have enjoyed working with the City Of YLIC@il)@ on a variety of efforts over the past five years. These efforts include inVOlVeIT)ent in the City's Vehicle Miles of Travel (VMT) Irnpact, Assessment Guidelines Development, work on the 1-10 Truck Climbing Lanes project through the City (PA&ED as well as PS&E efforts), and the 1-10/Wildwood new interchange connection effort (PSR and on -going PA&ED efforts). We look forward to C01"ItinUe building OLIr relationship with the City as a trusted partner through this proposed on -call effort.
Fehr & Peers was founded in 1985. Since that tirne, we have focused on being- the best transportation planning, and traffic engineering firm we can be. Given this niche fOCLIS, we specialize in most of the services requested in RFP, including:
Engineering and traf f ic surveys to establish prima facie speed limits thrOLIGhOLIt the City according to the most current California Vehicle Code and California Manual on Uniforn-i Traffic Control Devices.
Signal and stop warrants analysis for possible signal or stop sign installations.
General traffic engineering associated with the planning, design, studies and evall-latiOn Of traffic engineering projects.
General traffic engineering plan checking services which may include bUt are not limited to review of traffic impact analysis reports, related environmental in -,pact reports, and the preparation of traffic mitigation conditions.
Review andfor preparation of ge neral traf fic engineering design, Striping plans, signal plans, and traffic Control plans, along with the technical specifications for striping and traffic signal plans in accordance with the design policies and standard plans of the City of Yucail:)@ PLIbliC Works/ Engineering Division.
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I will serve as the key contact (e..g, responsible project representative) for all services outlined in the RFP and will urtilize our con-ilD@nywide t-eSOUrces to assist in executing the identified tasks. 1 an-i authorized to negotiate the final @-green-)ent between the City and Fehr & Peers. My contact infnri-nntinn is nrPzPnfPrI hPIrWI'
Jason D. Pack, RE.
Principal
3750 University Avenue, Suite 226
Riverside, CA 92501
j.p@ck@[email protected]
(951) 308 - 6312
We look forward to hearin.r- back from the City,
Sincerely,
FEHR & PEERS
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'). son D. Pack, PE
Principal
3750 University Ave I Suite 225 1 Riverside, CA 925011(951) 274 - 4800 wwwfehrandpeers.com
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211
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>>I >3 >S >7 >10 >14<< Exhibits
A. Exceptions from RFP/RFQ
B. insurance
C. Resumes
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With a fOCLIS On innovation, Fehr & Peers
differentiates itself by investing in research and
clevelopr-rient to anticipate needs, explore the
Unknown, and collaboratively imagine a better
fUtUre. The con-ipany's CUItUre Of applied innovation
generates an appetite for new and better ways of
approachin1g, problen-is, motivates te2n-i members
to explore emerging transportation concepts and
mobility trends, and inspires the development of new
analytical tools and techniqUes.
As the firm grows, a steadfast con-imitil-ient
to indUsive, local, and long-term C0111111LInity
relationships remains central to the core philosophy.
Many of the company's client relationships
are decades long, IDLIilt on years of listening,
understanding, collaboration, and SLICCeSSfUl
outcomes. Clients of Fehr & Peers have appreciated
the firm?s long-term commitments to local
C0111111LInities, ti'LlStin.0 the team as their objective partner in transportation since 1985. Together
with the firm's clients, Fehr & Peers is motivated
by shared SLIccess, inCILISive partnerships, and the
positive impact the company's work has on the
C01111-11LInities it serves,
We pUrposefUlly maintain a focus on transportation
consulting, serving client needs including the
following:
> Transportation Engineering
) Transportation Forecasting & Operations
Safety
Active Transportation
Land Use & Transportation
Climate g,- Resilience
Parking
Connn-WniCatiOFIS & En.ca.aement
Data Science
> Transit Planning
> Emerging Technologies
> Equity in Transportation
> Freight
1 ClivnIssaid we mel aud exceededexpecla I imi�:
Our i 70
2 � 98% 9807/ 99%
Client u
Survey Aff a *61/`
ResulISV9
I
I
213
I
711
Fehr &Peers' is a transportation
en-gineering firm founded inCalifornia. To that end,
the following presents key information related toour
company:
Number ofStaff 1~35Qstaff
Years inBusiness 137year
1 Riverside
Orange County
Los Angeles
San Diego
Lonc, Beach
San Jose
'San Francisco
Oakland
Walnut Creek
Office Locations
Sacramento
Roseville
Portland
Tacoma
Seattle
Salt Lake City
Denver
Dallas
Orlando
Washington DC
Entity Type
S Corporation
Federal Tax ID
68-0065540
Corporation
Fehr &peet's isaheavily capitalized and extremely
well rnanocedfirm. The balance sheet is
exceptionally strong- with acurrent Uqu|dityfaotor
over 5QQ9.|naddition, Fehr6lPeers has eline of
credit of$5,00O,0Q0,Fehr & Peers haeSufficient
financial strength .and resources and the oopabi|ityto
finance the work tobaperfonnedand complete any
a8reen-ientinesatisfactory manner. Fehr 6lPeers is
involved innopending litigation that vvoUldaffect Out - ability bscondnueinbuu|nesathmughdhsten77of
this contract.
Fehr &Peers @ISOoper@teaLinder the following core
V@luesth@tare our 8ukin8principles and tenets.
They define the fundamenhalrelationship between
the company, Out* ennployees, and Out- clients:
` Feirnens, generosity, respect, and openness
� ^ Permzna|growth ondae|f-|nopxoverneot
�
` Ou||abomtiveand inclusive environment
' Flexibility that Supports life balance
` Hunni|ityand iote8/ity
` 4pmblen-i-aolvingattitude
| ` Responsive and hard working
214
For staff reviews and UvrOug;hOur client surveys,
vveroubmelyask Our staff andOur clients how vve
eredoing related tothese core Values tomake Sure
that vvennointoiinahi-ahlevel ofaccountability m
achieving these goals.
The prinoipe|office this effort will be connpleted
fnznlioout- Riverside off ice, with Support from Out'
Orange County office (note,'werun these offices aa
one profit center —mean|n8staff fnzmboth offices
routinely share work and staff choose which office
to sit in based on workload reClUirements and/or in -
person meeting corrimiti-rients).
The lead contact person for Fehr & Peers, otherwise known as the responsible representative, is listed below:
Jason D. Pack, RE.
Principal
3750 UniverSiLy Avenue, Suite 225
Riverside, CA 92501
[email protected] 1 (949) 308 - 63112
Jason has been with Fehr & Peers for 23+ years and is a shareholder with the firm. He will remain as the responsible representative for this effort from our Riverside office, "Olm 71m, UME=
Jason Pack, 11
215
Lj
Lj
Li
Lj
Key personnel are described below and will not be changed Unless SLIbn-iittedandapproved by the City in advance ofkey tasks bein8Undertaken. Reuumeoare attached tothis proposal.
Jason Pack, PE
Jason has an extensive backgrOUrld in travel den-i@nd forec@sting, traffic operations assessi-nent (InClUding n-flcro-sjl-nLlI@tiOn assessment), VIVIT analysis, big data analysis, transit ridership fonaoaatin8,and tra/naportationinnpeCtatucUeainvu|vin-aNER4 and CEQA. His fOCLIS is to Litilize his experience and the technical reSOUrces of the con npeny10help clients enavvertheir toughest q� ue�onarelated tobanaPortadon, Delia VotsdPE
Dei@ioasenior engineer who brings aunklueperspective ofhavhnglived and worked indifferent corn mun!ties, with aoommbmenttoserving those oo/nnu �nitieoandher clients. Delia has 0erfo/nnedpeer review services forover 50 pi-ojects for the Cities of Fontana, Orange, and Rancho Cucamong@, reviewing trip generation oa(cu|ations,V[NTeatin-iete4and OEOAduournuntatiou Claude Strayer, PE, RSP,
ClaUde has a ran.ge of transportation experience with the desi-on of bicycle facilities, si.oning and striping plans, safe routes to School inIprovenrients, pedestrian facilities, traffic signal Upgrades, wayfindin-r- and the public involven-lent process. He has led teanis of desiganers on a variety of other transportation engaineerinr- projects SLICII as ten-iporary traffic control, roadway and sidewalk design, and ligghting.
Paul Herrmann, PE
PaUl Herrniann has over ten years of experience in transport@tion enOneering and transportation planning atFehr & Peers. Pou|healedavv|doyahetyorpnzeota |nc|U"din-C traffic atUujies,]nfraabuctunaprojects, travel demand foreoeotin�gg,parking endoirou|e¢ionatudiea,and|on8-|ongge'deveiupnlentp|aoa'HeisanexPertinSB748 Implementation and VMT Analysis for CEQA projects and is also all active 1-nen-lber in the Fehr 61Peers SB743Working- 8ruupand Safety BnouIIPau|serves clients dhroVgOhoutSUuthgmOa|iforniayv(thpnoj*ntsLhooughootUheSCABregion.
Mike Johnstone
Mike Johnstone isaSenior Technical Specialist with over 2Dyears of experience and CUrrently rnanege8anun-1beroftraffic aig;naand lighting projects.
Mike'sexperience inCludespnaparingg plans, specifications and eabnnsteofor the desi8noftrafficmigoa|s;highway|ighdngandaiQnO|unlinmdon,utn*et|i8hUn6�ran7p =~
metering, and a|.gne|interconnect systems, sigoningaand oLhp|ngoplans; eawell aa roundabuutouncaptdaaigon.Heiaprofic(entwithAutoOADandW1icroata1ioo, the latest drafting software pnzgrarne; A3|82,lighting ana|yoiasoftware, AutcTl/nn, vehicle tUrning analysis software; and SignCAD, @nd si-gn panel design software. ~� 216
City of Fontana Traff ic Engineering Support
Fontano, CA
Fehr & Peers is assisting the city ofFontana with SB740 inop|enentetion.VVnare evau.Ibng the available tools hoconduot yMTanalysis and preparing possible strategies for the City in dmLernoinin.aVMTanalysis rnethodo|oggyand OEQAtransportation impact thresholds, yVewill beUpdating their traffic impact atudy8uida||oeaconsistent with requirennenteofSB743.Fehr & Peers |aalso providing a0�Adenoedoounountto'assist the City with their deo|aion-rneNngprocess. The document consists of potential VMTscreening maps, VMToompa,ianncharts, TPA maps, and sample project evaluation. YVeare providing guidance and recommendations onavailable project level nniM8aUonand TDM strategies specific tothe City ofAnaheim, |ndoding'many special generators 'such aesports otadiuroaand theme parks. The project ino|udeeadoption of'CECAcompliant thresholds ofsignificance bythe Juk42O2Odeadline, The project will Conc|Udewith
recommendations onofUtUretool for the City tofacilitate SIB 748.
Qeo1mefe,ence:
Gia0m
City ufFontana
(}09)850-6655
g-kim@fontena�org
Project Staf f:
Jason Pack PE
Delia Votach,PE
peu|Herrnnenr}PE
Lon�2d`ofServices:
March 2020 - Ongoing
Rancho Cucamonga Traffic En~^neer'ng Support
Rancho [uccomo119oDA
Fehr &Peers isproviding services for conducting orreviewing vehicle miles uftravel (V1NT)assessment and/ orfu8traffic impact C|entRefeieoom atudiea'(VMTand level ofservice (uOS))aepart ofthe development ]eoonVV*|dey review process. City ufRancho Cuoenoonga
(909)477-2740
]aeonJmeddey@c1tyofnoua
P'cjwc'� Staff�
Jason Pack, pE
Len-�MofServices:
217
I
1-10 Highland Springs PA&ED
CA
Fehr & Peers is just beginning the TOAR and ICE Step 2
assessments for this project in the City of Be@Un-1Ont. We area David Lewis
SUbconSUlt@nt to Mark Thomas Company for this effort which is Riverside County Transportation
contracted through ROTC.
Commission
(951) 212 - 6936
[email protected]
Project SUiff:
77,
Jason Pack, PE
Delia Votsch, PE
Lemgth of Services:
October 2022 - Ongoing
City of Yucaipa SB 743 Support
Yucciipci, CA
77;
To hello facilitate the transition mandated by state law Senate Bill Client Refeienca
74S, Fehr & Peers assisted the City Of YLIC@iP@ in evaluating Options I`Brandon Matlock
for selecting screening criteria and an impact threshold for VMT,:
City Of YLIC@iP@
Fehr & Peers also drafted -uidelines for Transportation Impact (909) 797-2489
Studies and presented the new VIVIT criteria to the City Council bn'i@tlock@yUCaiPa,org
project stnf f:
7 Jason Pack, PE
Delia Votsch, PE
Yucaipo, CA
Fehr & Peers is part of a team working on the 1-10 Truck Climbing Lanes PA/ED for SBCTA. Fehr & Peers Will use n-iicrosimUlatiOn to evaluate a No Build and Build Alternative for the proposed project., along with the San Bernardino Travel Demand Model to develop traffic forecasts. Once Fehr & Peers has completed the operations assessment, we will prepare the Traffic Operations Report. 77,
218
LemSU) of Services.
July 2020 - September 2020
Chent Rpfei erica:
,`Tim Byrne
City of Yucaipa
(909)884-8276
tbyrne@[email protected]
Project St"iff.
Jason Pack, PE
Paul Herrmann, PE
Lenth of Services:
September 2017 - December 2022
1-10 WilMm/ood Canyon Road
Yucvipa, CA
The VVUdvYoodCanyon Road Interchange wmu|dprovide anew
connection ho|-101Fehr&Peers completed the 'PSAphase and is Cumentlyworking onthe traffic Stodyfor the PA/EDPhase.
The etudyexamines the projept'sin-iAaotaonthe local roadway network, freeway mein|ine,and ramps, and indudeoaphasing assessment ,for the three stages ofoonntructiOn.Fehr & Peers ia also workinc, on the vehicle -miles -traveled evalU@tiOrI f011OWina new Oa|1xena--uldanoe^
oI ee��^os
Landon Kern, P.E
- City ofvboeipq
(gO5)7S7-2488ext. 288
/[email protected]
pnniaocGmofp
Jason Pack, PE
Delia Vo±aoh,PE
Lem�;`ofServices:
2|9
WeUnderstand that the pmrposeofthe project is to
prov�eouppo�aemiceatothe O�yofvuce�e��x
apecifiutmff icen.-ineerinQtasks. The Fehr &Peera
team Call fuim|all requirements associated with the
traffic en�.oineermg`conlponenU$eadescribed below:
�� Engineering andTraffic Surveys
This task realty iaset Lip kzassist with speed aurveya
that v«ouNsupport speed |inJbWeodfVeLion This
iavery similar to efforts we have completed for
other agencies, including ourwork with the City of
[email protected] Citywide speed ourueyo. This
effort vvou|dbeled byPou|Herrmann, PE,from oor
office who completed the Redlands work.
Fehr 9,Peers has cornpletedsignal and stop eian
warrant aoaeosrnentotbhoueandsoflocations
th'o1-1.011outthe 8t@te`OUrat@f fknow the CA-
[NUTCDreqo|nannonbathrou.C;hourroutineefforteon
this front and will Litilize OUr Own si.-n@1 and stop-
si.an warrant analyses spreadsheetstoassist with
eya|uetin.gspecific locations for any epeoifioefforts
requeetodfromthis task. These efforts will likely be
completed byourteohnioa|staff inour office with
oYersi.ghtbyDelia Votao|h.P.E.and Jason Pack, RE.
General Traffic Engineering
�
This task WOUldcorreaond�the�enr��d���
�
e�d�eand eveuot�noftn�fk�'en�oee'n�
projects. This isabroad description, endoou|d
/ndudeovariety oftasks a0annin.gfrom signal
000ndinahonefforts, traffic operations assessment,
travel demand toreouat|n.g,OA-MUTCDwarrant
assessment, prother ena|neeri/`gatudythat vvou|d
auppur1ireff ioen8ineehn8projects, This task mmV|d
beled byJason Pack, RE.ill ouroffice and, depending
oil the specific requeat,cou|dbeassisted byCXeuda
8treyei,PE,who leads ourdeaiongnoupinGoudhern
California orother support otaff
220
�
Actual Speed (MPH)
^ p-25
. =^
r °45 |
�
MONTEREY AVE PM TRAVEL RUN
FIGURE a
�
=
FFHR �PFFRS MONTEREY AVE PM TRAVEL RUN
AFTER SYNCHRONIZATION
FIGURE 10
General Traffic Engineering Review Services
Aepart ofthis task, Fehr& Peers would assist the
City onreviewing traffic impact studies, relate
environmental documentation, and the preparation
oftraffic mitigation requirements. Fehr @LPeers /a
uniquely qualified 'for this task eammwrote the Oity'z
traffic impact study guidelines, AdditionoU8we stay
abreast ofnew state legislative requirements and
follow legal challenges throughout the state related
topotential OE[Achallenges totransportation
assessment (including the most recent challenges
related tmVMTassessment and 'emergency
evacuation assessment |nhigh fire severity zones).
CITY OF YUCAIPA
DevelopmentSenices Department
34272Yutalipa Boulevard
We currentlyserve in this role for several other
local agencies, including the Cities ofRancho
Cucamonga, Fontana, and Bsatva|awhere vve
review traffic atudiaa(evauadng|eveiacf service
ALO8\VMTassessment and writing conditions
ufapproval/mitigation requirecnents).
Fehr 84Poers has done design for
over 8Oyears. This consists ofsignal design, signing
and striping design, lighting design, roundabout
layout, traffic control plans, and detour plans. VVe
have completed these services for both private
sector clients, colleges and universities, and cities
and counties throughout the Western United States.
in total, we have completed design services at
over 8OOintersections. |nthe Inland Empire, vve
have recently provided these services for the
Cities ofRancho Cucamonga and K4urietba
Our design coordination
with Civil Engineers, utility providers
(electrical providers like SCE), local agency
staff, Caltranastaff, and contractors for
construction support during installation.
This task will beled byClaude who oversees all of
our dea�O��rv�eethroughoutSouthern OaU�rn�
with support from Mike Johnstone who ioone ofour
electrical and roundabout layout design experts.
FOOTHILL 13OULEVARD AND
571WANDA AVENUE
FILPF
11 Proposal for On -Call Transportation and Traffic En.-inearingServices 221
Safety has been ahuge focus in the transportation
industry recently and alarge focus ofour efforts
over the past decade. Prior bzthat, most of
our safety work focused oncollision analyses
and trends 1n'addition toserving aoexpert
witnesses for public agencies during litigation.
Over the past ten years, our safety focus has 'shifted
significantly aemany cfour clients are interested
in|TE's'Safe Systems approach toimproving
mobility, completion 'mfSystemic Safety Analysis
and Reporting k5GAFAstudies, Local Roadway Safety
Plans (LRSPs),Safe Routes toSchool 8SApS\efforts,
and assisting evariety mfagencies throughout
the USinVision Zero efforts. All ofthese safety
efforts nest well with our multi -modal expertise to
assist agencies |nmaking informed decisions when
improving the safety ofthe mobility network.
In addition the above referenced safety efforts, we
routinely complete other more routine efforts related
LJ to safety, including traffic calming assessment
and routine collision review and assessment.
If desired, Steve Brown, �E., could assist the City in
evaluating safety. Besides being heavily involved
inour Safety research and development group,
hehas also co-authored the U8Traffic `Calming
Manual and UOBodkeley's Pedestrian Safety Audit
Manual which could provide support tothe City
inany transportation safety related reviews.
Our approach %oevery task would bethe same
—towork with the City toidentify the «most
apptomriabsscope Ufwork, estimate the person
hours tocomplete the scope ofwork, agree
to an appropriate schedule, and complete the
effort. VVehave found that setting expectations
and executing tasks tothose expectations isthe
easiest way toensure osuccessful project.
Communications isalso critical toproject success,
To that end, we typically tailor our communications
depending onthe services/ interests ofthe client.
For example, with the City ofFontanavve'attend
weekly meetings with their staff toassist |n
project coordination. For our work with the City
ufRancho Cucamonga, our -services are specific
to reviewing traffic studies and have 'typically
returned our reviews within one week and only email
correspondence has been necessary. For other
high -prof ilemrlitigious projects, vvahave weekly
coordination oryyeattend in -person coordination
tobe mindful ofpublic records requests.
maddition tothese approaches, we have invested
heavily inour [[infrastructure to assist with project
delivery. This includes being fully integrated into
the Microsoft suite oftools including Teams
which vveuse for instant messaging, telephones,
and video uonfansnoing;including having 'Teams
integrated with both Shanapointand QneOdve10
facilitate knowledge sharing and file transfers.
Proposal Prepared byFehr &Peers 1 12
�� "°°
13 Proposal for On -Call Transportation and Traffic EnQineerinQServices 223
' ------------ -
A. Exceptions from the RFP/ RFQ
We would|Uke toneClUestthe ability tocoordinate with the City onthe contract temis in the agreement.
Specifically, mevvou|dlike tonaqueoLtile following changes:
8. ities
Tothe fullest extent permitted bylaw, Consultantshe
defend, hold harmless and indeninify City and its elected officials, officers, employees, designated volunteers, Successors, assigns and those City @certs serving eaindependent contractors |n the role ofC�y�fi�e|a(ordkac±k�|y"|ndoonr�teea"lhmrnand e8ainatany and all danloges, � ooa�expenseo
liabilities, clainis, demands, causes of action, proceedings, expenses, jUd-onnents, penalties, liens, ind losses ofenynaturevyhataoever,|no|udin-IeclsoLaLlefeeuofe000untents,atto,neya'orodherprofeaoonakaanda|| costs associated therewith and the payment of all conseClUential darnages (collectively "Liabilities"), in law or eqob&whether actual, alleged orthreatened, mrhil�iadmeOut Of, are c1airnedtoarise Out Of, pertain to, orrelate tmthe aoteororniaamnyoƒConau|tantitsoffimars,a.geots,eervants,emp|oyee4 aubconbeotor4nneterie|cnen,consultants ortheir of f icem,agents, servants oremployees (or any entity or individual that Consultant shall bear the le.gal liability thereof) in the performance of this Agreement, Htt-,tt-Htff� lu¢�g�Liabilidesari�ngfrDrnthe sole ne�|��nmeor
willful misconduct of'lie
\nden�nite�a
�ooau�tenteha||nairnburaaLhe|vd*mni�ea
for any and all legal expenses and costs incurred by Indernnitees in connection therevvitl-ILLig "
Reason for Change: TUbring the indemnity obligation into compliance with the reclUinenlentsofCivil Code Section 2782.8, as well as the type of obli.gation we call insurance against. We Should not have to indeninify the CitVfS Outside attorneys or a potentially Unlimited number Of 1-111narried and unidentified "agents" other than those serving in the role of City of flicials.
8. Inderrinification, Hold Harmless, and Duty to Defend / A. Indemnities / SLIbsection 3 ^3)Oonsultant SI-1211obtain executed hrldemnityagreements with provisions identical to those in this Section from each and every oubcontra
|nthe performance ofthis Agreement. If Consultant fails Lo'obtain such indernnityob|i-gadons, Cmnau|tantShall befully responsible and indernnify,hold harnn|eaaand defend the Indernnitees froni and against any and all Liabilities at law or in equity, whether actual, alleged or threebaned^v*hHtl� to Lhe ext lit thev arise Out Of, are claimed toedaeOut Of, pertain to, orrelate bzthe I����l� autaoromiosionaofOonsu|tant'snuboontmcLociteoffioers,agents,oervents,enlp|cyees, subcontractors, nneteda|rneqconsultants ortheir officers, e8ents, servants c"employees (or any entity orindividual that Conau|ten1'aaubuontreotorsheUbaorthe|age|iiohUitytheueo0inthe'Perfornoenoaofthjs48reernemt,�r��Hr�' but not Liabilities arising frocntile sole neggligenceor Reason for Change: 4aCurrently written, Section 8(A)(3) would hequinauatohamseach ofOur eniployee execute indennnitye-or ernents, which we cannot do, The other changes are lobring the indemnity obligation 224
into oornpliancewith the reCILlil-enents of Civil Code Section 2782.8,aawell aathe type of obli-gationwe can inaunamree.geknat,VVeahouldnot have to the Cit/ncwtsideattorneys orepotentially unOn1hed 111-1111ber Of Unnarned 811CI Unidentified "@.gents" other than those servirl.g in tile role of City officials, Requested Change: Make the following changes to the first sentence of Sectio»S(C): fUll JXI�,Tllent to the |Data
IDLUSL011t to this A��reen-ient and equiredtobefUmishetoCity ill connection with this Agreemnt shall beconle City's property, and City may Use @11 or any portion of the Data SLIbIllitted by COIISLIltallt as City deems appropriate." Also, add the followin- new lanc1lage to the end of Section 6(A): "NotvJtlhst@ndii22 the Ilrop rj57hts, in all inventions, ��Lornots, soft re,
IDLA only cis at-, inseparable fx,.ut of the cont(-,,r)L that rnay be Used or incorporated in UND Data incorporated int-D the Data for the Cit\,, to utilize C01-SJ't@llt's Services and Lhe D@Ui for Lheil il lLencled JDL)rgo'�es-" Reason for Change: Wem@yUse uuCh asbi�o data or technology provided by third -party data or software providers for which we may receive only a limited -Use license and not ownership, It is often necessary for auohthird-party providers toretain ownership ofeuohdata ortechnology for tile Uses ofother clients orpurpoaee.Tile Use ofdata and technology homthird-party providers call greatly enhance the services and work produutwmprOvidetotile City Unfortunately, third -party providers generally will not �i*e away ownership of their content, bUt only a mere license, and, therefore, we cannot pass ownership of any SLICh connentinoorpooaUedintoourworkprodoot1otheCily|naochcaae4vvevml|aeourea|iuenneforthe[:itytuuse auchoontent.
ReClUested Change: Delete Section 8(M) inits entirety.
Reason for Change: yVeshould not be requiredtoobtain additional insuranue,atadditional cost, after the contn*ntisewecuDed,un|eea'thef}ityageeetoreimburaeuafnrthaadditkona|expenee,vvhich.000|dbe eionif|oent,
30. Attorneys' Fees.
ReClUested Change: Delete Section 3Oill its entirety.
Reason for Change: Prevail inc,�p@rty @ttorneys'fees are typically not covered by professional liability inSI-11-allce, |eevin.r-uoWith all Unpredictable and uninauredrisk. Additionally, the availability ofpreva|Kn.—partyattorneys' fees tends tornoke¢more Cliff iCL{|tand take |oo8ertoresolve diapufeoinformally. 225
6. Information and Documents, Subsection A
Requested Chance: Add the following language at the end of Section 6(A):
COI-ISUILant jF3j-),�-,LmiUed to rel grence the City ;arid ConsJtant',s, work U1:LdL2 this -Nr;reernent as, docun-ientavcm of col Istilt ill ,Le_x )erience anhcapablieIID roosls LO Other client"," Reason for Change: To allow LIS to reference this project in proposals and RFP responses to other clients.
9. Insurance.
ReClUested Change: Change the terms "the Entity" and "Entity" GIS Used tl1I-OLIghOLIt Section 9 to "City." Reason for Change: To correct an apparent error in the contract. The term "Entity" is not clef ined in the agreement.
226
B.Insurance
Below is a sanilDle of our ii-ISUrance certificate. Upon execution of an agreer-nent, inSurance certificates will be issued to the City for your reference.
FEHR&PE•01 MICHAEL
AC /Z L7" CERTIFICATE CIF LIABILITY INSURANCE DATE
211720aYYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR: PRODUCER,: AND THE: CERTIFICATE HOLDER. to" = IMPORTANT., If thecertificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED, provisions or be endorsed.
If SUBROGATION IS WAIVED; subject to the terms and conditions of the policy, certain policies may require an endorsement..A statement on this certificate does not: confer rights to the certificate holder in lieu of such endorsements .
PRODUCER License # OE67768 : coaN� ACT ---Gig! Yuen
IDA Insurance Services PHONE . _.-., FIX
_luc.y_11925_)_4y�96 78693875 He tAIO No ek650008
yard Road
Pleasanton,.CA9456B __�.._.L__.�..._
' INSURE[j 6 AFWROING COVERAGE ' MAP ,�
INSURER A. RLI Insurance Company: _.... ........ _ .._ 113056_,_,.,.._.:
INSURED INSURER 8.:.Hartford Casualty Insurance Campa�„ . 129424 Qi P c Peers
gNsuRERc ,L;j,€ erty Surplus Insurance Caro i10725
rl Suite 300 JANURERD ._.
le Irvine, CA92618 INSVRERE__� _..__._...._._. __.
INSURER F.:
COVERAGES CERTIFICATE NUMBEREVISION NUMBER:
MBER;.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN.[$SUED TO THE. INSURED.NAMED ABOVE FOR THE POLICY PERIOD '..
INDICATED: N07WIIHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN; THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS;
.EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRl AOGL suar,
TYPE OFINSURANCE POLICY NUMBER ER
I POLICY EFF POLICY EXP LIMITS
A X I COMMERCAAL GENERAL LIABILITY !
'
1 CA H OCCURRENCE _,_ I f ..
2,000000
cLAJMs MAvE j�X R OCCUPSB0006683
1216/2022 1216/2023 oAAAGE TO RENTED
I s,
R Mh�E9 acccv ar�#1 ._
000 000,
1 !
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DESCRIPTION OF.OPERATIONSI.LOCATIONS/VEHICLES ttACORO tat, AddltlonalRemarka Scnedult, mny ha anathed lrmP2 tpaca ltrequlredl OC21-0860 Railroad Canyon Lake Elsinore LRSP
All Operations of the Named Insured, Including the aforementioned project, if any, General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non -Contributory with Waiver of Subrogation In eluded. as required per written contract,
Auto Liability:. No company owned vehicles. Please see blanket Additional. insured endorsement with Waiver of Subrogation included, as required per written Contract..
Workers': Compensation: Waiver of Subrogation Is included as per attached blanket Waiver of Subrogation endorsement, as required per written contract.
SEE ATTACHED ACORD 101
i' t CERTIFICATE: HOLDER CANCELLATION
t
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH .THE POLICY PROVISIONS:.
interwest Consulting Group, Inc.,
24 South "D":Street, :Suite 100
Perris -CAI 570
AUTHORIZED REPRESENTATIVE
t. _r-% t (� 1:...
,? ACORD 25 (2016103). Q 1988 2016ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks Of ACORD
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EXHIBIT T
l! !: ! •
S
w
For this oil -Call request, no specific task has been identified. As such, we will develop a detained scope of work and cost estimate based oil the reClUired task.
That said, below are some general "guiding principles" related to costs for some of typical services identified above:
Cost to Review Traffic -Related Deliverables Prepared by Others: $800 Cost to Complete Operations Assessment: $3,000 per analysis locations (note, this Would assume approximately tell Study locations; larger Studies tend to have economies of scale that would decrease the cost per analysis locations, while smaller studies Would increase the cost per analysis location) Cost to complete si.anal/stop sign warrant assessment: $5,000 Cost to Complete -Signal Design: $15,000
Below is out- standard billing rates that will be used for the contract. Fehr & Peers reserves the right to change these rates at any time with OrWithOUt advance notice.
FEHRtPEERS
2022-2023
(July 2022 through June 2023)
Hourly Billing Rates
Classification Hourly Rate
Principal
$240,00
$375,00
Senior Associate
$205,00
$300,00
Associate
$175,00
$255.00
Senior Engineer/Planner
$160.00
$215,00
Engineer/Planner
$130.00
S175.00
Senior Engineering Technician
$150,00
S215.00
Senior Project Accountant
S 170.00
$190.00
Senior Project Coordinator
$130.00
$180-00
Project Coordinator
$120.00
$170.00
Technician
$150.00
$1 70;00
Intern
$95.00
$140.00
Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for handling.
• Personal auto mileage is reimbursed at the then current IRS approved rote (58.5 E, cents per mile as of/on 2022).
Voice & Data Communications (Telephone, fox, computer, e-mail, etc.) are invoiced at cost as a percentage ofproject labor.
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TERMS l COMPLIANCE
♦. CALIFORNIA
s LABOR
1 f LAWREQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "publcworks" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be boundby 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. Consultant shall be registered with the Department of Industrial Relations inaccordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractorceases to be registered with DIR at any time during the duration of the project, Consultantshall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subjectto compliance monitoring and enforcement by DIR. Consultant shall post job site noticesas prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of perdiem 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. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor CodeSections 1774 and 1775 concerning the payment of prevailing, rates of wages to workersand the penalties for failure to pay prevailing wages. The Consultant shall, as a penaltyto City, forfeit $200.00 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 theworker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
we
I Ilia N - 00,611MOT III
I a veri 1 ci statement 01 the journeyman and apprentice hours pertormed under this Agreement.
9. The Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal orstate law providing for the debarment of contractors from public works. If the Consultantor any subcontractor becomes debarred or suspended during the duration of the projectthe Consultant shall immediately notify City.
10. Consultant acknowledges that eight 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 1813concerning penalties for workers who work excess hours. The 4 f i43,34_414
performance of this Agreement by the Consultant or by any subcontractor for each calendar day during whiclisuch worker is required or permitted to work more than of the provisioof Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant .jj jYcj JgWltour, ;,er 'i uji dur�,,, j erri itte-& g jj A RIFT P17,777TUrrup
day at not less than one and one-half timesthe basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employerwill be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies asfollows:
M
"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."
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter I and Labor CodeSections 1860 and 3700, and Consultant shall include in the written Contract between it and each subcontractor a copy of those statutory provisions and a requirement that eaclisubcontractor shall comply with those statutory provisions.
Consultant shall be requiredto take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review ofthe certified payroll records of the subcontractor and upon becoming aware of the failureof the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors servingin the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental toany acts or omissions listed above by any person or entity (including consultant, its subcontractors, and each of their officials, officers, employees and agents) in connectionwith 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. All duties of Consultant under this Section shall survive the termination of the Agreement, M
C111,01
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated February 13, 2023, ("Effective Date") and is between the City of Yucaipa, a California municipal corporation ("City") and Michael Baker International, a Private Corporation ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties" and individually as a "Party." A. City issued a Request for Qualifications/Proposals on December 15, 2022, titlei "Request For Proposals/Qualifications To Provide On -Call Professional Transportation and Traffic Engineering Services." The Consultant submitted a proposal dated January 10, 2023, in cesponse to the RFP.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees.
C. City desires to retain Consultant as an independent contractor, and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties, therefore, agree as follows:
1. Consultant's Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the "Services") to provide on -call professional transportation and traffic engineering services for various design and construction projects, which will include, but not be limited to, traffic engineering warrant analysis, traffic signal engineering/design & implementation, traffic signal timing/phasing design, traffic signal plan check services, and/or construction management services (including on -site visits; review of material submittals, shop drawings, and test results; and response to RFIs). The services shall include consultation regarding electrical design, as attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties and any increase or decrease in compensation shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be Steven Latino, Project Manager/Associate Vice President (the "Consultant Representative").
The Consultant Representative shall directly manage Consultant's Services under this Agreement.
Consultant shall not change the Consultant Representative without City's prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
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D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has or will secure all personnel required to perform the Services required under this Agreement at its own expense. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state, and local laws, ordinances, codes, regulations, and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits, and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation,
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $45,000 (the "Maximum Compensation") for such Services.
B. Expenses. City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit B. In no event shall reimbursable expenses collectively exceed the total sum of $0.00.
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services or reimburse for any expenses not set forth in Exhibit B, unless the City Council or City Representative, if applicable, and the Consultant Representative authorize such services or expenses in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. Any additional expense authorized by the City Council or (where authorized) the City Manager shall be reimbursed in the amounts authorized by the City Council or City Manager. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Invoices must be submitted to Todd Gutjahr, City of Yucaipa, 34272 Yucaipa Blvd. Yucaipa, CA 92399. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City -2-
234
shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City.
5. Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City.
I 1 I 1 'ocuments.
1 1r
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. -3-
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C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant's Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
A. Indemnities.
1 ) Where the services to be provided by Consultant under this Agreement are design professional services as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant's indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the indemnified party and shall not exceed the Consultant's proportionate percentage of fault.
As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Consultant agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Consultant's -4-
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performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the Agreement of the Parties.
B. Workers' compensation Acts not Limiting. Consultant's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
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1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $ 1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees)
4) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
B. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non -Contributing. For any claims related to this Contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
E. Consultant's Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by -6-
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virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
F. Deductibles and Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement.
The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as fall performance of Consultant's duty to indemnify City under Section 8 of this Agreement.
K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader -7-
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coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
L. Subcontractor Insurance Requirements. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
M. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
10. Mutual Cooperation.
A. Cily's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.
B. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
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13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, Judicial orders, enemy or hostile governmental action; civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve the Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant's and City's regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
City of Yucaipa
Attn: Development Services
34272 Yucaipa Boulevard
• California 92399
Michael Baker •
Attn: Steven • • T.E.
3536 Concours, Suite 100
Ontario, CA 91760
16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, -9-
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age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement,
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant.
In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Non -Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal Year are within the current fiscal budget and within an _10-
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available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal Year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal Year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal Year.
23. Exhibits. Exhibits A and B constitute a part of this • and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant's proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," "will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. "Business days" means days Yucaipa City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether Contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Yucaipa.
30. Attorneys' Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in Contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled. -11-
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31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Yucaipa,
a California municipal corporation
By:
Name: Justin Beaver
Title: Mayor
ATTEST:
By:
Name: Kimberly J. Metzler
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Steven Graham
Title: City Attorney
Consultant:
Michael Baker International
a Private Corporation
By:
Name:
Title:
By: _
Name:
Title:
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CITY of
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Mr. Fermin Preciado, PE
Director of Development Services/City Engineer
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
90114-04MMIRM
Attached is Michael Baker's response to the City's Request for Qualifications (RFQ)/Proposals for the "On -Call Professional Transportation and Traffic Engineering Services". Our past experience IV: "J!, Low[ i1fing es too -
THE MICAE, BAKER TEAM IS UNIQUELY QUALIFIED
TO PERFORM THIS WORK
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20 years. We understand the importance of responsiveness, communication, technical competence, and scope each task order to meet the City's needs.
YEAR FOUNDED: 1940
FORM OF ORGANIZATION: Private
Corporation
LEGAL NAME OF FIRM: Michael
Baker International
CONTACT INFORMATION:
Steven Latino, PE, TE
3536 Concours, Suite 100
Ontario, CA 91764
[email protected]
A 1 0 oil
VANIN•01 . M1
EMPLOYEES: Locally: 526; Nationally:
3,000+
SOUTHERN CALIFORNIA OFFICES &
NUMBER OF EMPLOYEES:
Ontario (61); Palm Desert (22);
Temecula (25); Santa Ana (253); Los
Angeles (6); Long Beach (24);
Camarillo (11); Carlsbad (42); San
Diego (88)
Michael Baker has over 90 offices and 3,000 employees worldwide and offers a full continuum of innovative s" - t�w,-c.'Y"gnQineedn-g,.plannincl., surve��rchitectural., environmental, construction ronram managrement and life cycle support, as well as information technology and communications services. The company provides comprehensive services in support of federal, state, and municipal governments.
E N S FE U
Workinq in Southern California for over 80 years supporting our communities, Michael Baker is a leader in engineering, consulting, planning, technical, and professional services with a local focus and global expertise.
Work provided for this contract with the City will be completed from Michael Baker's "TOPS" Region (Temecula, Ontario and Palm Desert) offices with technical support coming amz�I!
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this contract. In today's COVID-19 world we have successfully transitioned to a virtual work environment.
Since the pandemic began in March 2020, we have proven that we can effectively and efficiently serve our clients and deliver successful results, Throughout the past two years, Michael Baker has ma e significant investments in technology that have allowed our team to seamlessly work without barriers due to location. When the pandernic is over, our Ontario office will serve as a central location for project team meetings.
We look forward to continuing our dedication and support of the City, and we are fully committed to assisting the City with its continued success.
Respectfully submitted,
MICHAEL RAKER INTERNATIONAL
Christopher — Alberts, —P LS::
Vice President
Steven Latino, PE, TE
Project Manager/Associate Vice President
MBAKERINTL.COM
250
3536 Concours, Suite 100 1 Ontario, CA 91764
Ph 909-974-4900 1 Fx 909-974-4004
CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES b' F
Cover
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1. Firm / Team Overview.......,, ....... .............................. .................................. ...................... . 2
CompanyProfile
2 ........... .................... ....,.,............................ ,...... ......... ,.............................
ProjectManager
................................................................ ....... .....................
KeyPersonnel ............. ............. ............................. .......................... ................ ................. 3 Quaff'ifications.............................................
Organization Chart ..............................................
Project Team Available and Committed to Excellence
Subcansultants .. ...,.• ., ...
5 2.
Past Experience . .......... . ..................
6 fi
3. Contract Management...............................................,..........,:...................,......................,.. 9 Workload, Facilities and Resources.. . ... . ............................................ 9 Knowledge of Technical and Functional Needs........ ................................................ ............ 9 3t
Commitment to Provide Resources 9
Commitment to Quality Control................... .................. ........ .......... ................. . ...... 9 Commitment to Cost Control
10 t
...........................................................................................
4. Technical Proposal .................................... ........... ......... .................. ..................... .,......... 11 Scopeof Work................................................................................................................. 11 Approachto Task Order Execution
14 ... ........................... ,...................................... ...,..........
Implementation Plan Considerations ............::................. - .............. 14 Sample Project Timeline / Task Order Process Flow Chart .................. .............. ........ .......... 15 f
5. Contract Comments
6. Appendices........ ...................... ................. .............. .... .,. ... 16 Resumes........................................................................................................................ 16 t
REQUEST FOR QUALIFICATIONS g P 1
INTERNATIONAL
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251
CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES ---- --- ----
COMPANY PROFILE
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PROJECT MANAGER
Knowledge, experience, and responsiveness are key elements of a strong team needed to meet and exceed the City's goals and expectations. Our Project Manager, Mr. Steven Latinot PE, TE, has served in the role as lead for on -call contracts with municipalities, both from the private side as well as the public side for 19 years. Steven is able to leverage his public and private experience to the benefit of the City, as he is able to draw upon experience from both sides of the table. Steven will serve as the main point of contact for the City for the duration of this contract.
Steven Latino, PE, TE 0 Nineteen years of municipal experience, both Associate Vice President private and public
Registered Civil Engineer C 0 Diverse Public Works background 73430 a True "extension of staff' approach
Registered Traffic Engineer
During his tenure as a municipal employee, he served the Cities of Hemet and Ontario in Capital Projects, Traffic/TranspOrtation, and Land Development, His last position before coming back to the private sector was
INTERNATIONAL
252
REQUEST FOR QUALIFICATIONS I P a g e 12
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Marlena Perez, and Randy Ratzlaff. These key individuals will not be replaced or changed without written approval from the City.
QUALIFICATIONS
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provi ng ou c ents W t oroug resear s ga ion an creative r to construction.
Z' E Team members are selected for each task based
on their specific specialty, With the broad depth of bench available to each discipline, the most qualified team members will be assigned with the necessary technical background to help ensure the project is completed successfully.
ORGANIZATION CHART
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mEmEmN.-MEN
REOUEST FOR QUALIF11CATIONS I P a g e 14
254
CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES
CITY OF
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Christopher Alberts, PLS Randy Ratzlaff, PE
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Steven Latino, PE, TE
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Roadway/Civil Traffic Engineering Shelah Riggs
Hector Salcedo, PE Octavio Hernandez, ;PE
Danny Walden, PE Antonio Salas, PE
Andrew Lewis, PE Signal Timing
Lonnie Druliner, PE
Ryan Calad, PE; TE
Active Transportation Specifications/Cost Estimates
Marlena Perez, EIT Randy Ratzlaff, PE
Traffic Analysis/Studies
Carla Dietrich, PE*, PTOE
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I N T E R N A T 1 0 N A L
255
CITY OF YUCAIPA ON -CALL PROFESSIONAL s
AVAILABLEPROJECT TEAM AND COMMITTED I" TO EXCELLENCE
Steven Latino
19 Palm
M.B.A., 2018, University of Redlands
Professional Engineer - Civil,
40 Representative %
Desert
B.S., 2003, Civil Engineering, Purdue
California, 2008, C73430
Project Manager
University
Professional Engineer— Traffic,
California, 2019, TR2902
Christopher
26 Palm
Coursework, San Jacinto College
Professional Land Surveyor,
15 Alberts
Desert
California, 2008, C8508
Pro'ect Director
Lonnie Drulliner
10 Temec
B.S., 2010, Structural Engineering, University
Professional Engineer - Civil,
50 Roadway/Civil
ula
of California, San ;Diego
California, 2016, C86346
M.Eng., 2012, Civil Engineering, Tufts
University
Andrew Lewis
18 Ontario
BS., 2003, Civil Engineering, Marquette
Professional Engineer — Civil,
55 Roadway/Constr
University
California, 2013, C81680
uction Staging
Marlena Perez
5 Ontario
B.S., 2017, Civil Engineering, CalPoly San Luis
Engineer In Training, 2016, CA
65 Active
Obispo
159145
Transportation
Hector Salcedo
8 Ontario
B.S., 2014, Civil Engineering, CalPoly Pomona
Professional Engineer - Civil,
50 Roadway/Civil
California, 2019, C90382
Danny Walden
16 Ontario
B.S., 2008, Civil Engineering/Transportation,
Professional Engineer - Civil,
35 RnadwavlCivil
CalPoly Pomona
California. 2014. C82536
Carla Dietrich 25 Ontario B.S, 1997, Civil and Environmental Traffic Engineering, Carnegie Mellon University
Analysis/Studies '
Ryan Card 16 Santa B.A., 2007,-Social Ecology, University of Signal Ana California, Irvine
Timing/Traffic
Engineering
Octavio 17 Ontario B.S., 2004, Civil Engineering, California State Hernandez University at Long Beach
Antonio Salas 12 Ontario B.S., 2010, Civil Engineering, CalPoly Pomona Traffic
Engineering
Alex Tapia 4 Ontario B.S., 2019, Civil Engineering, CalPoly Pomona Traffic
Anaivsis/Studies
Sheilah Riggs 22 Ontario MS., 2002, Environmental Studies, Cali / Statue University at Fullerton
B.A., 1998, Geography, California State
,� I.Inneesrcit-rr.�t Fi illarFnr
Professional En,
Pennsylvania,to={ PE070655
Professional . r «
2008, 2468
Professional Ene
Connecticut,11
Professional Engineer - Civil, 35
California, 91422
Professional Engineer —Traffic,
California, 2692
Professional Engineer - Civil, 45
California, 2011, C78085
Engineer In Training, 2015, 45
California, 155958
Professional Engineer —Civil,
Nevada, 2019, 027211
Engineer In Training, 2019, 55
California 167414
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Program,Certification 0e
REQUEST FOR QUALIFICATIONS 0 P to g e 16
256
CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES _ . ..... ... . ... . . . ....... .......
Randy Ratz[aff 28 Palm M.S., 1998, Structural Engineering, California Professional Engineer - Civil, 50 Desert State University at Fullerton California, 1997, C56867 BS., 19931 Civil Engineering, California State
University at Fullerton
Below are brief summary bios of key personnel. Resumes for key personnel are included in the Appendix,
SUBCONSULTANTS
Michael Baker provides all of the services requested under this RFQ in-house. However, if any other tasks arise that are not specifically within our area of delivery, we can utilize local specialty firms to further support or expand our capabilities. Geotechnical and Right -of -Way Acquisition services are subcontracted out to the best firm for the specific task and will be cleared with the City prior to placing under contra"c"t".1111111 I Palm Springs, CA I Dates Provided., 2017 — 2022
Michael Baker recentli,,W.rovided vrq4ect management and environmental I design services for the modification and modernization of 19-signalized intersections within the City of Palm Springs. The project was funded through the District 8 Highway Safety Improvement Program (HSIP) Cycle 7 program with the purpose of improving traffic safety within the intersections by reducing collisions. Traffic signal improvements included be MGM W-d- E t4l 111111111111-010. posse
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deadline. Michael Baker is currently providing bid and construction support services.
Michael Baker manacied the development of the environmental document through a project su consu tant in order to obtain CEQA/NEPA environmental approvals. VCS prepared the PES form and additional required submittals for this project and processed through Caltrans District 8 Local Assistance, ea ing to a N A Categorical Exclusion. During Caltrans' review of the project, Caltrans requested additional cultural resource documentation. VCS cultural services on this project included the preparation of an Area of Potential Effects (APE) map; completion of a cultural resources literature review of the APE at the Eastern Information Center (EIC) located at the University of California, Riverside; a field survey of the APE; and preparation of an ASR and HPSR,
Replacement of existing protected/permissive left -turn operations with protected movements was evaluated in terms of both traffic operations level of service as well as compliance with the CAMUTCD left -turn indications and mast arm design. Design efforts included roadway plans, striping plans for crosswalk modifications, traffic signal plans, and quantity and cost estimates. The design team coordinated with the City, Caltrans' utility coordination staff, and utility owners to avoid any conflicts. Additionally, the design team analyzed and designed the pedestrian facilities at each of the intersections to comply with Caltrans' LAPM guidelines and City Standards.
Highway Safety Improvement Program (HSIP) Cycle 9 — Traffic Safety and Signal Modifications Project I Indio, CA I Dates Provided: 2020 — Ongoing
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REQUEST F01'1 QUALIFICATIONS Z P i g o 17
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Michael Baker managed the development of the environmental document Wrougn a project suilconsliTani zo obtain CEQA/NEPA environmental approvals. VCS prepared the PES form and additional required submittals for this project and processed through Caltrans District 8 Local Assistance, leading to a NEPA Categorica Exclusion, During Caltrans.
Review of the project, Caltrans requested additional cultural resource documentatiom VCS cultural services on this project included the preparation of an Area of Potential Effects (APE) map; completion of a cultural resources literature review of the APE at the Eastern Information Center (EIC) located at the University of California, Riverside; a field survey of the APE; and preparation of an ASR and HPSR.
T t1140 4 ''
ATC standard with Intelight Maxtime program. This work was completed in four phases broken up with 15 complete database file conversions by Michael Baker Staff with the remaining 5 conversions completed by Michael is with in-depth training provided to City staff (3 days). For the last phase, our Michael Baker Staff programed, "bench tested" each database, and installed in the field with the City Signal Maintenance 20 new 1-C cards into existing 2070E controllers. With this work, Michael Baker also provided configuration updates at the City TMC and MaxView ATMS replacing the 2033 program profiles with Maxtime controller profiles and configuration.
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REQUEST FOR OUALIF(CATIONS I P a g D 18
CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES . .. . . .. ..... ... . ..
Aviation Boulevard and Artesia Boulevard Intersection Improvements ity o Man attan Beach I Dates Provided: 2016 - 2021
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REEQUES1' FOR QUALIFICATIONS a P i g e 19
CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES ... .......
Michael Baker completed the Environmental Documen
Project Report, and PS&E for the Aviation Boulevard
Artesia Boulevard Southbound to Westbound Right Tul
Improvement Project for the City of Manhattan Beach. T
project involved adding a right turn pocket to t
southbound Aviation Boulevard approach to Artes3l
Boulevard in a aut urban environment.
On -Call Engineering I City of Palm Desert I Dates Provided: 2020 - Ongoing Michael Baker is currently contracted with the City of Palm Desert to provide on -call City Engineer services over both the Public Works/CIP Division and Land Development Division of the Engineering Department.
Work includes the review of engineering is for developments in the City, as well as oversight and administration of the City's current CIP projects.
In addition, Michael is has been providing City Surveyor services. Michael is regularly reviews and approves all Tract Maps, Parcel Maps, Parcel Map Waivers and supporting survey or mapping documenti submitted to the City for compliance with the Subdivision Map Act, the Professional Land Surveyors Act and City Ordinances. Additionally, Michael is has provided survey and mapping services including Parcel MaX, preparation for the Civic Center, San Pablo Avenue vacations, right-of-way and temporary construction easements, and high -accuracy control work to reestablish survey monumentation for public streets on numerous Capital Improvement Projects within the City of Palm Desert. Work includes record research, initial boundary and control surveys, right of way and realignment surveys as well as replacing horizontal and vertical survey control monuments and filing appropriate documents with various agencies.
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REQUEST FOR OUALIFICATIONS R Page Ill
INTERNATIONAL
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CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES .. ..... ... .
QA/QC is the cornerstone of our project management approach and is implemented through our in-house program based on the American Society of Civil Engineers Manual of Professional Practice "Quality in the Constructed Project", and "The Michael Baker Way" QC program, as developed and instructed internally at our Michael Baker University, Our quality assurance begins with developing a close and continuous line of communication between our team and the City. Under our protocol we keep an organized directory of all project - related communication, documents, images, data, and plan sets., which allows us to respond quickly to requests. —al r—M-turr MT_F661`�Mf re 0:�_dFrf --C&R Frojects will we evar, 2pprVia: ch to innovation and internal education that is implemented on every project, with no charge to the contract. #ur peer review panel consists of in-house professionals apaI from the design team* engineers that perform plan checking for public agencies, construction management for constructability reviews, hydraulic engineers, traffic engineers, and
trivironmental specialists. This peer review will be utilized to -nsure that the design documents are clear, concise and comprehensive, and most importantly, will result in meeting t e objectives of the City.
Our Project Leads specialize in street, water, and wastewatm "I
a
infrastructure., and are exceptional at performing detalle constructability reviews. They understand the design an construction elements and continually track the local costs m terials nd labor to provide accurate construction co
a estimates that the City can confidently use for budgeting an@ funding.
COMMITMENT TO COST CONTROL
Quality Quality
Assurance Plans Control, Plans
(by office) (by Discipline)
WORK STANDARDS I BEST PRACTICES I QUALITY AUDITS
Project Specific
Quality Managment Plans
Scope (PSOMPS)
Schedule (---I
Budget
ACHIEVING EXCELLENCE
Michael Baker employs a variety of cost control and budget methodologies for our engineering, planning, environmental and surveying services. Michael Baker knows that having a clear and efficient cost control and budget methodology will be critical for the City. For our services, prior to proposing a scope and fee, the Project Manager will coordinate with the City to discuss scope, expectations, and available personnel. It Is our goal not to just staff the project as necessary but to staff it with the most qualified and appropriate personnel available.
We also understand the need to work as efficiently as possible, and we will take into account where forces are already being utilized and create efficiencies where possible. ®jai ■crt I I I I I Wil 111 R -E QUES I FOR QUALI FICA NONS '11 P a 9 e 112 1 N T E R N A T 1 0 N A L
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CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES . .. . ....... ....... .. . .
SCOPE OF WORK
The Michael Baker team is well versed in the technical services requested as part of the RFQ. Through our longstanding experience in the Southern California and the Inland Empire, specifically San Bernardino County, we are very familiar with local standards including Caltrans, San Bernardino County Transportation Department and the City of Yucaipa standards from our previous experience with the City. We are also well versed in the Standard Plans for Public Works Construction "Greenbook", the Public Right of Way Accessibility Guidelines (PROWAG) and the California MUTCD (CAMUTCD). Our design team will apply this thorough knowledge of current design standards and regulations to every task order assigned by the City.
I m 2 m .2 Keiv#t tit a 4 4 res s 2, 6 4 s � tw v m4 e rst 2 A I i A It # f tX, e v i4t, v s t? s ks tXi t ot U 14 1 e 2 ssiW4 u * ii e r t� i s ot i tr,? ct, below is a brief overview of the anticipated technical requirements for each of the specified tasks that may be requested by the City.
ADA Compliance I As part of traffic improvement
projects', existing access ramps, sidewalks, and driveway approaches may not be current with ADA compliance
standards. Michael Baker routinely reviews current Title 24, ADA regulations to identify updates to standards. In
addition, we are aware of the current Caltrans changes to their ADA guidelines restricting gradients to less than the maximum ADA compliance standards. Michael Baker has
designed hundreds of Caltrans-level ADA applications
across the Inland Empire.
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to the California Vehicle Code (CVQ Section 40802 in order to justify and enforce posted speed limits. The Michael Baker Team has conducted several speed surveys in the Southern California Area and will follow the necessary procedures to ensure that the City has performed the appropriate engineering analysis. The following steps are required in order to perform the speed survey:
* Traffic Engineer must drive through City artertals that will be evaluated and note conditions that may affect vehicle speeds
* Collect 24-hour daily volumes; Collect off-peak free -flow speeds by radar (minimum 100 vehicles per location); Collect most recent 3 years of accident data Determine 85th percentile speed for evaluated arterials Make recommendations based on CAMUTCD, CVC, and Traffic Engineering Judgement 'lap V-01
and engineering study must be performed that considers the following:
* Vehicle, pedestrian, and bicycle count data entering the intersection * Crash data for the previous five-year period.
* Intersection sight distance issues created by physical obstructions at each intersection
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REQUEST FOR Q(JALIFICAHONS 9 Page 113
OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES Multi -Way Stop Determination I MUlti-way stops may be desired at locations that represent a great safety concern to the public. Often a City will receive requests for stop signs because vehicle speeds are perceived to be too fast. Although the CAMUTCD specifically states that stop signs should not be installed to control vehicle speeds, an engineering study can address direct causes of safety issues at an intersection. The following criteria will be; evaluated to determine if a multi -way stop is warranted:
* Vehicle crashes exceed the threshold specified in the CAMUTCD for a 12-month period * Vehicle volume is more than the threshold specified in the CAMUTCD for an eight -hour period If 851h percentile speed on the major street exceeds 40 mph then vehicle volume thresholds may be reduced.
If sight distance is obstructed for several movements at an intersection, vehicles may be required to stop.
Traffic Signal Determination I The Michael Baker Team has performed traffic signal warrants for cities all t#'
is warranted according to the CAMUTCD Section 4, An engineering study must address traffic conditions, pedestrian characteristics, and physical characteristics of the intersection. It's important to note that the satisfaction of one of the traffic signal warrants shall not in itself require the installation of a traffic control signal.
The Michael Baker team will evaluate all possible intersection control measures before making a recommendation. Considerations required while conduction a traffic needs study include, • Vehicular volumes for Peak Hour, Eight -Hour, and Four -Hour periods. In general volumes should be collected for a five is 24-hour period to capture a high resolution of data • Pedestrian volumes during peak pedestrian movements
• School crossing movements
• Coordinated Signal Systems
• Crash Experience
• Roadway Network considerations
Traffic Eng 1 neering /Traffic Studies I Michael Baker's team will review and/or produce traffic studies as needed for the City. A standard workflow will be used for the review of any traffic VMT impact analysis to ensure all CEQA requirements are met. Additionally, we will utilize the correct HCM capacity analysis methodologies to calculate Level of Service for traffic operations studies. Left turn phasing, traffic signal analysis, and safety studies that meet all CVC and CAMUTCD requirements can be produced to support City traffic improvement initiatives. The Michael Baker Team will utilize Traffic analysis programs such as Synchro with Simtraffic, Trutraffic, and VISSIM as appropriate to analyze conditions based on the City needs, iGl*lloiw
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CM OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES When conducting Corridor Safety Studies, we utilize Caltrans Local e
Roadway Safety Manual and numerous resources from the Federal Highway Administration Office of Safety in evaluating crash data and developing solutions through proven countermeasures for local agencies throughout California. We utilize the a Wit
Traffic Signal Design Traffic signal design for various agencies and private developers is one of Michael Baker's primary services In the last 25 years, we have designed more than 2,000 signals and 500 signal communication systems for local municipalities and regional transportation planning agencies throughout California. Our team has prepared traffic signal, traffic signal modification, and traffic signal communication plans for various agencies including San Bernardino County Transportation Authority (SBCTA), San Bernardino County, Riverside County, Caltrans Districts 7, 8, 11, and 12, and various cities throughout Southern California.
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CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES ...... .. .. , , I I
APPROACH TO TASK ORDER EXECUTION
It is very important to 'have a Representative that understands how all of the aspects of a project interact, and who will maintain constant communication and coordination with the City as well as with all of the technical leads. Michael Baker has a system in place which is comprised of the following elements to keep the project/task order within schedule and budget.
The Michael Baker team understands that the scope verification process is very important to ensure that project deliverables are formally accepted. This will be achieved through the use of a well-defined scope of work for the project and by having each team lead develop and agree to the scope. Michael Baker will define the deliverables for each task in the scope.
Team Development/
Scoping Process
Delivery/Quality Control
Ensure the City Is Satisfied
IMPLEMENTATION PLAN CONSIDERATIONS
The implementation plan for each task order is unique. The scope of services presented in the RFQ is very diverse and requires attention to detail when executing a task order as no two projects are exactly the same, The sample project timeline above is included as a guide, and there are several considerations the team should consider, which include (but are not limited) to the following:
• Funding constraints — Are there any constraints and deadlines imposed on the project that would jeopardize funding?
• Public input — Is public outreach required? If so, the team will determine the appropriate level of outreach and tailor collateral specific to the type of outreach. • Lines of communication — Understand who is point of contact from the City and their preferred method and frequency of communication.
• Guidelines and standards — Understand and confirm that the most current standards/guidelines/templates will be referenced.
• Team compilation — Select a team that is best suited for each individual task order.
Each task order will have its own timeframe and deliverables. For example, a full PS&E package (which includes 60%, 95%, and 100% submittals) would follow a longer timeline than a grading plan check task order. Both task orders are critical, but both have very different scopes and schedule, Clear communication is important during the task order scoping process (the leftmost column in the graphic above) so that a realistic an appropriate timeline can be set. Once the timeline is established, the Project Manager and team will work diligently to maintain the project schedule throughout task order development. Some of the team's keys to successful time management include the following:
• Early stakeholder coordination
• Resubmittals within two weeks
• Comment resolution meetings
• Comment response matrices
• City reminders for upcoming review deadlines
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CITY OF YUCAIPA •. PROFESSIONAL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES ......... .
SAMPLE PROJECT TIMELINE I TASK ORDER PROCESS FLOW CHART Below is a sample of a potential project timeline and tasks fora task order request from the City.
Quick Response
Assemble Resources
Intake Data Gathering
Review
Scoping Meeting
• Include Stakeholders and
Yucaipa Departments
• Ask the Right Questions
• Identify Funding and Schedule
Constraints
• Identify Permit(s), Risk(s) and
Constraint(s)
• Brainstorm Approach and
Alternatives
Submit Proposal
Responsive Scope, Fee, Schedule,
and Resource Commitment
Work for Concurrence on
Final Agreement
Kick Off
Critical Path Tasks
(Le. Utility Coordination, Survey,
Permits, etc.)
Develop a Risk Table
Base Mapping
Topo, Utilities, and Constraints
Pre-30% Deliverable Work
Field Truth
Survey and Preliminary Design
Focus on Potential Conflicts
Develop Deliverables
• Apply QA/QC Protocol
• Field Visits and Coordination As
Needed
• Peer Reviews, Biddability &
Constructability Reviews, and
Risk Analysis
ARE OBJECTIVES MET?
Formal Submittals (Milestone)
Thorough Comment/Response
form distributed to Each
Stakeholder
DEVELOP PRELIMINARY AND FINAL DELIVERABLES IN LINE WITH SCHEDULE (TIMEFRAMES VARY PER PROJECT)
Identify Goals and Objectives — Keep in Mind Throughout We appreciate the opportunity to preview the professional services agreement that will be utilized by the City of Yucaipa for this project. Michael Baker has contracted on thousands of projects over our 82-year history and is confident in our ability to come to mutually acceptable terms with all of our clientele, Upon selection of this proposal, we would respectfully request the opportunity to discuss certain of the contract terms with the City due to the professional standard • care required for performance • services, insurance commercially available, terms which we noted are outside our control to effect', and professional experience.
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REQUEST FOR QUALiFICATIONS a P a g e 119
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i EXHIBIT
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CITY OF YUCAIPA ON -CALL PROFESSIONAL TRANSPORTATION AND TRAFF111C, ENGINEERING SE. RvICES January 207 -luly 2024 for City O['Yucaipa On -Call Professional Transportation and Traffic Engineering Category t Houriv Rate
Range
Principal/ Manager ................................. .............. '............. ................................ .2BU-31O SeniorProject Manager ................. .,... ......................... ,,"~.,^,^^..^,,,^.,,,^,.,..,.~,_,,,,~~���0. _ TechnicalManager .......................... ........... ~.'... ..... '........... ,^..................... ......... ....... ... ,.2O0-235 Senior Project Engineer /Senk]r Land Surveyor ....... ^.... ,............... ___ ............... ................ 19O- 220 Project Engineer / Project Land Principal Planner_ ......... ....... .......................... .... 17U-2OO Professional Engineer/Land Planner ............................ .......... .................. 150-19O Engineer In Training / Civil Designer .................... ,^............................ .^.... .... ............ .... ,12D-16O Senior Construction Manager / Senior Resident Engineer ................. .._.......... ,_,.,............... 18O-230 Construction Resident Engineer ...... ,,...................... ,.......................................... 15O- 100 CAD Designer /Technician/Planner ........................ ................. ~,...... ............... .............. 12Q- 150 EngineeringPlanner ................... ,..-.......... .~~~,.-..................................... 80- 120 AdrnOAssistant / Project Administrator ...................... ...... ................... --~._~...~^..^~^~.''`~7O-9O Senior Traffic / Transportation Engineer ... ............ ............ .'~.~............... ~"^~~~--,_.... 18O'I2O Traffic / Transportation Engineer .......................... .............. ............................................... 150-19O SeniorGIS Analyst ............ ___ ......................................................... ... .......... .~.,~-~,'.12O - 1G0 GISAna|Vst....... ......... ~....... .................. --~.,.............. .......... ,,~..,~.............................. 12Q ~ 160 SeniorLandscape Designer............. ............... ............ ...... .,^~..,,.~~.~.^..~............. ........ 19O-24O LandscapeDesigner.~........................... ,..... ........ ........................... .......... .......... .~..... ..1bO-2OO PlanChecker................................ ........ ..°,..................... ........... ....................................... 14O ~ 19O 2-ManSurvey Cr8m/.°-.... ........................................ ....... ~~................. ~~......... ................ 27O-33O 1-Man Survey Crew ........... ......................... -.^-^^_^`.,......................................................... 155-21O Licensed Surveyor ..... ..`~... ___ ........ .............. ,.......... ..... ...................................... ....... ...2O0'24O FieldSupervisor ....... ....... ____ ............. ............. ............................. .................. ............. 17O-22D • Upon completion of the initial 2-year contract, rates may be subject to a cost of living increase. • Michael Baker's rate ranges are determined by years of experience and professional qualifications. /wrsnxxr|nx^L
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Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%. Vehicle mileage will be charged as an additional cost at the IRS approved rate.
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EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW
REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "publicworks" as defined in Division 2, Part 7, Chapter I (commencing with Section 1720) of the California Labor Code ("Chapter I"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter I and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be boundby all the terms, rules and regulations described in l(a) and I (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 I above.
3. Consultant shall be registered with the Department of Industrial Relations inaccordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractorceases to be registered with DIR at any time during the duration of the project, Consultantshall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subjectto compliance monitoring and enforcement by DIR. Consultant shall post job site notices,as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of perdieni 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. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per them wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor CodeSections 1774 and 1775 conceminv-th�-*avw#twtt of.1,revailing. rRies of 11/a 'i ji, ro OVUM
craft in which theworker is e Trip loved for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
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7. Consultant shall comply with and be bound by the provisions of Labor CodeSection 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor Code Section 1771.4, Consultant and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the LaborCommissioner.
8. Consultant shall comply with and be bound by the provisions of Labor CodeSections 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. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal orstate law providing for the debarment of contractors from public works. If the Consultantor any subcontractor becomes debarred or suspended during the duration of the project,the Consultant shall immediately notify City.
10. Consultant acknowledges that eight 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 1813concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during whiclisuch worker is required or permitted to work more than eight hours in any one calendarday and 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 Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation forall hours worked in excess of eight hours per day at not less than one and one-half timesthe basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employerwill be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies asfollows:
949.
"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."
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor CodeSections 1860 and 3700, and Consultant 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.
Consultant shall be requiredto take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review ofthe certified payroll records of the subcontractor and upon becoming aware of the failureof the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors servingin the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental toany acts or omissions listed above by any person or entity (including consultant, its subcontractors, and each of their officials, officers, employees and agents) in connectionwith 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. All duties of Consultant under this Section shall survive the termination of the Agreement.
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