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HomeMy WebLinkAbout21-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution approving Consultant Services Agreements with the firms of Willdan and Dept: Development Services Transportation Engineering and Planning, Inc. to provide On-Call Traffic Engineering Date: July 23, 2008 Services. MCC Date: August 18, 2008 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution. Valerie C. Ross Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Reso, Exhibits "A" & `B" (agreements) Ward: All FUNDING REQUIREMENTS: Amount: $40,000 Source: (Acct. Nos) 001-183-000-5011 Acct. Description: Salary Savings Finance: l Council Notes: Agenda Item No. 2— CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Consultant Services Agreements with the firms of Willdan and Transportation Engineering and Planning, Inc. to provide On-Call Traffic Engineering Services. Background: The Traffic Engineering Section is an organizational unit within the Public Works division with a staff consisting of one traffic operations system analyst, one traffic engineering associate, and one engineering assistant. The Traffic Section reviews all development plans for traffic related issues, reviews and comments on traffic impact analyses, calculates traffic fees, determines needs for traffic studies, operates traffic modes, determines traffic signal timing, studies accidents and recommends solutions. The traffic section also prepares Federal/State aid transportation related funding applications on behalf of the City. Additionally, the section evaluates the need for crossing guards, stop signs, time limit parking, painted curbs and staffs the traffic safety committee. Robert Eisenbeisz, City Engineer, has previously filled the roll as Traffic Engineer. Since his promotion to City Engineer, his workload has increased to the extent that efficient and timely processing of Traffic Engineering matters is becoming a challenge. Since Mr. Eisenbeisz is the only Registered Civil Engineer in the Public Works Division with Traffic Engineering expertise, it is recommended that staffing in the Traffic Engineering be supplemented by retaining an On-Call Consultant Traffic Engineer. The Consultant Traffic Engineer will work under the general supervision of the City Engineer and may provide the following services on an"as needed"basis: • Attend SANBAG and Caltrans meetings on behalf of the City. • Review and comment on plans and studies prepared by other Consultants. • Determine the need for and type of traffic controls; recommend traffic ordinances and resolutions; recommend traffic impact mitigation. • Develop traffic calming policies. • Other similar duties. A Request for Qualifications/Proposals (RFQ/P) was sent to local consulting firms that had indicated interest in receiving requests for Traffic Engineering services. The following firms submitted proposals: Willdan of San Bernardino P5 Transportation Engineering and Planning, Inc. of Irvine KOA Corporation of Ontario RBF Consulting of Ontario 2 08/13/2008 11:33 AM CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued The proposals were reviewed and rated by the City Engineer, the Interim Assistant Director of Development Services and a Project Manager. The reviewers rated the proposals submitted by Willdan and Transportation Engineering and Planning, Inc. as best meeting the requirements of the proposal. Staff recommends that the City enter into Agreements for Services with the firms of Willdan and Transportation Engineering and Planning, Inc. to provide On-Call Traffic Engineering Services for a not to exceed combined amount of$40,000 in services with these two firms. The Consultants will only be used when the City Engineer determines that in-house staff is not available or lacks expertise to perform the work. There is no guarantee of a minimum amount of work. Willdan has agreed to provide all of its Traffic Engineering services for a fee of$155 per hour for Supervising Engineer and above. The fee proposed by Transportation Engineering and Planning, Inc. will range between $40 (clerical) per hour and $160 (master designer) per hour based on the level of expertise needed. Most work will be accomplished by employees in the Supervising Engineer category at rates of$110 to $160 per hour. Retaining two firms will not cost any more and will provide the City Engineer additional flexibility in assigning work based on specific expertise. The Agreements are proposed to expire on June 30, 2009, unless earlier terminated. Subject to agreement of the parties in writing, the Agreements may be administratively extended by the Director of Development Services for a maximum of one (1) additional year. Financial Impact: Sufficient funds have been recommended in the Department's FY 08/09 budget to cover the cost of these services. Development Services will not fill the vacant Traffic Engineer position for FY 08/09 and will put $40,000 of that position's salary for these Consultant Services Agreements. Recommendation: Adopt Resolution. 3 08/13/2008 11:33 AM COPY RESOLUTION NO. ry 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 2 CONSULTANT SERVICES AGREEMENTS WITH THE FIRMS OF WILLDAN AND 3 TRANSPORTATION ENGINEERING AND PLANNING, INC. TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Willdan located at 13191 Crossroads Parkway North, Suite 403, Industry, 7 CA 92746-3497 and Transportation Engineering and Planning, Inc. located at P.O. Box 18355 8 Irvine, CA 92623 are competent, experienced traffic engineering firms and have provided the 9 10 most advantageous and best proposal to provide On-Call Traffic Engineering Services in accordance with Consultant Services Agreements, attached hereto and incorporated herein as 11 12 Exhibit "A" (Willdan) and Exhibit "B" (Transportation Engineering and Planning, Inc.) in I 13 amounts totaling up to $40,000 in aggregate. Pursuant to this determination, the Purchasing 1 14 Manager is hereby authorized and directed to issue Purchase Orders for said services to said 15 firms which references this Resolution. 16 SECTION 2. The City Manager is hereby authorized and directed to execute said 17 Agreements on behalf of the City. 18 19 SECTION 3. Both Agreements shall expire on June 30, 2009, unless earlier terminated 20 as provided therein. Subject to written approval of the two parties involved, each Agreement 21 may be administratively extended for a maximum of one (1) additional year. 22 SECTION 4. The authorization to execute the above-referenced Agreements is rescinded 23 if they are not executed within sixty (60) days of the passage of this resolution. 24 iii 25 26 27 28 9-/ 6 -O f� - 1 - RESOLUTION . . . APPROVING CONSULTANT SERVICES AGREEMENTS 1 WITH THE FIRMS OF WILLDAN AND TRANSPORTATION ENGINEERING AND 2 PLANNING, INC. TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES. 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held 5 on the day of , 2008, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 BAXTER 9 BRINKER 10 11 DERRY 12 KELLEY 13 JOHNSON 14 MC CAMMACK 15 16 17 Rachel Clark, City Clerk 18 The foregoing resolution is hereby approved this day of , 2008. 19 20 Patrick J. Morris, Mayor City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, 23 City Attorney 24 By: `Q �- 25 26 27 28 - 2 - EXHIBIT FED,.„ CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and Willdan ("CONSULTANT"). WITNESSETH : A. WHEREAS, CITY proposes to have CONSULTANT provide Professional Services as described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY has a need for qualified consultants to provide traffic engineering services related to various development and capital improvement projects; and D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall provide the services described in the Request for Qualifications/Proposals and as stated in CONSULTANT's Proposal dated May 29, 2008 all attached hereto as Attachment "I" and made a part hereof. If a conflict arises between CONSULTANT's Proposal and the Request for Qualifications/Proposals or this Consultant Services Agreement (hereinafter "Agreement"), the terms of this Agreement and the Request for Qualifications/Proposals shall govern. 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. 1.3. Warranty. CONSULTANT warrants that it shall perform the services \_Public Work-,\UCA's\2008 All',,08-18-08',,Agreement for On-Call Traffic Engineering\Willdan-Agreement On-Call Traffic Engineering.doc 1 E),i HSIT "A„ T required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of CONSULTANT's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. 1.7. Business License: The CONSULTANT shall obtain and maintain a valid CITY Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loamy/Conflict of Interest: The CONSULTANT understands and agrees that as the CITY's consultant, CONSULTANT shall maintain a fiduciary duty and a duty of loyalty to the CITY in performing CONSULTANT's obligations under this Agreement. CONSULTANT, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 5:\-Public Works\RFCA's\2008 All\08-18-08\Agreement for On-Call Traffic Engineering\Willdan-Agreement On-Call Traffic Fngineering.doc 2 EXHIBIT "A" 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for such services at the hourly rates stated in said Attachment "I". Total compensation shall be subject to an aggregate limit of $40,000 together with other consultants performing on-call traffic engineering services, with no minimum amount of compensation guaranteed. 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. CONSULTANT may submit invoices to the City Engineer for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all of CONSULTANT's services, which have been completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five (45) days from the date CITY receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY or its City Engineer for inspection and/or audit.at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. . Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Each on-call assignment shall be diligently pursued to completion in accordance with a schedule provided by the City Engineer. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. S:\-Public Works\RFCA's\2008 A11\08-18-08\Agreement for On-Call Traffic Engineering\Willdan-Agreement On-Call Traffic Engineering.doc 3 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date. This Agreement will expire on June 30, 2009, unless earlier terminated as provided herein. Subject to agreement of both parties in writing, this Agreement may be administratively extended by the Director of Development Services for a maximum of one (1) additional year. 4.2. Notice of Termination. The CITY reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to CONSULTANT. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, CONSULTANT shall immediately stop rendering services under this Agreement unless directed otherwise by the CITY. 4.3. Compensation. In the event of termination, CITY shall pay CONSULTANT for reasonable costs incurred and professional services satisfactorily performed up to and including the date of CITY's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both ` completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the CITY or in the possession of the CONSULTANT. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. S:\_Public Works\RFCA's 1\2003 All\08-18-08\Agreement for On-Call Traffic Engineering\Willdan-Agreement On-Call Traffic Engineering.doc 4 s EXHIBIT "A" (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. CONSULTANT shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with CITY." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to CITY." (c) Other insurance: "Any other insurance maintained by the CITY of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 1 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and S:\—Public Works\RFCA's\2008 A11\08-18-08\Agreement for On-Call Traffic Engineering\Willdan-Agreement On-Call Traffic Engineering.doc 5 .fii411�lYIWY�Y fMW'fwnlilpiwW80N.� EXHIBIT all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of CITY for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the CITY, called for by this Agreement, except as otherwise expressly provided in this Agreement. CONSULTANT shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of CONSULTANT called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. CITY shall designate a Construction Engineer to work directly with CONSULTANT in the performance of this Agreement. CONSULTANT shall designate a Project Manager who shall represent it and be its agent in all consultations with CITY during the term of this Agreement. CONSULTANT or its Project Manager shall attend and assist in all coordination meetings called by CITY. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Mr. Lew Gluesing, P.E. Valerie C. Ross Willdan Director of Development Services 13191 Crossroads Parkway North, 300 North "D" Street Suite 403 Industry, CA 92746-3497 San Bernardino, CA 92418 Fax: (562) 695-2120 Fax: 909-384-5080 Tel: (562) 908-6200 Tel: 909-384-5357 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and S:\-Public Works\RFCA's\2008 All\08-18-08\,Agreement for On-Call Traffic Engineering\,Willdan-Agreement On-Call Traffic Engineering.doc 6 EXHIBIT "A" expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assignment. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 6.8 Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of CONSULTANT, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. CONSULTANT is and shall be acting at all times as an independent contractor and not as an employee of CITY. CONSULTANT shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by CONSULTANT or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of CITY. CONSULTANT agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of CITY. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of CITY and without liability or legal exposure to CONSULTANT. CITY shall indemnify and hold harmless CONSULTANT from all claims, damages, losses, and expenses, including attorneys' fees, arising out of S:\-Public Works\RFCA's\2008 All\08-18-08"\Agreement for On-Call Traffic Engineering\Willdan-Agreement On-Call Traffic Engineering.doc 7 EYI,(BlT or resulting from CITY's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by CONSULTANT. CONSULTANT shall deliver to CITY any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by CITY or its authorized representative, at no additional cost to the CITY. 6.11 Public Records Act Disclosure. CONSULTANT has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by CONSULTANT, or any of its subcontractors, and provided to CITY may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets. as that term is defined in the California Government Code Section 6254.7, and of which CONSULTANT informs CITY of such trade secret. The CITY will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The CITY shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Responsibility for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide all necessary design drawings, estimates and other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. CONSULTANT will not employ any regular employee of CITY while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5:\-Public V%'orks\RFCA's\2008 All\08-18-08\Agreement for On-Call Traffic Engineering\Willdan-Agreement On-Call Traffic Engineering.doc 8 EXHIBIT "A" 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 6.24. Damages. The Parties agree to waive any rights to incidental or consequential damages and to punitive damages arising out of their performance under this Agreement whether in torts or contracts or in law or in equity S:\_Public Works\RFCA's\2008 AM 08-18-08\Agreement for On-Call Traffic Engineering\VVilldan-Agreement On-Call Traffic Engineering.doc 9 CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, CONSULTANT A Municipal Corporation, WILLDAN By Fred Wilson, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney By S:\-Public Works\RFCA's\2008 A11\08-18-08\Agreement for On-Call Traffic Engineering\Willda-Agreement On-Call Traffic Engineering.doc 10 ATTACHMENT "1" TO EXHIBIT "A" WI LLDAN 1 1193 Crus.ru us y,Glop North,Suit-4(17 industry,C.iliGnni.t 91;46-3497 Serving Public Agencies 562/ M-02(1(1 fax 5b2?G(15-212U _ cw�. illlan.�um May 29, 2008 Ms. Valerie Ross Director of Development Services City of San Bemardino 300 North"D'Street,3rd Floor San Bernardino CA 92418 Subject: Request for Qualifications/Proposals for Traffic Engineering Services Dear Ms. Ross: Willdan is pleased to submit this proposal to provide professional traffic engineering services for the City of San Bernardino. The scope of work provided herein reflects the information requested in your Request for Qualifications/Proposals(RFQ/P). Willdan is especially qualified to provide these services to the City of San Bemardino for the following reasons: • We currently provide full-time and as-needed traffic engineering services to approximately 32 cities throughout Southern California. Willdan currently provides traffic engineering services for the Cities of Arcadia, Bradbury, Calimesa,Camarillo, Covina, Downey, La Canada FlinMdge, La Quinta, Fontana, Indian Wells, Lake Forest, Lakewood, Lawndale, Lynwood, Malibu, Manhattan Beach, Moreno Valley, Paramount, Ontario, Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, Rosemead, San Marino, Sierra Madre, and Yorba Linda and the County of Los Angeles. • Our traffic team members have an existing working relationship with City staff on a vast number of traffic signal and street improvement projects, and therefore are familiar with City procedures and needs. We are well-versed in working closely with local staff, consensus building and public meetings through our frequent assignments as contract "employees" for numerous public agencies. In this role, we are also familiar with working with other public agencies such as the San Bemardino Association of Govemments, Coachella Valley Association of Governments, Gateway Cities Council of Govemments, and the California Department of Transportation. UNDERSTANDING The purpose of this project is to provide traffic engineering services on an on-call basis to assist the City's Public Works Division to conduct various types of studies and address various traffic-related issues as needed. Willdan's Traffic and Transportation Division is made up of 15 members and specializes in providing traffic and transportation engineering services to govemmental agencies. The Division's experience and expertise covers nearly all facets of traffic and transportation engineering, from handling citizen complaints to managing multi-million dollar capital improvement projects. June 2,2008 Page 2 Typical traffic engineering services provided to local agencies include providing analysis, review, and comment on traffic and parking impact studies, analysis and comment on traffic and circulation patterns, traffic signal timing plans, construction plans and specifications, review and analysis of private development projects for compliance with applicable local, county, state, and other agency codes, standards, and rules, working with other City departments and other public and private agencies on traffic-related issues, review, analyze, and respond to citizen complaints and public official inquires, and attend Traffic Safety Commission, Planning Commission, and City Council meetings as needed in support of City staff. Willdan proposes Ms.Vanessa Munoz to be the City's Traffic Engineer on an as-needed basis. Ms. Munoz is both a registered professional civil engineer and registered professional traffic engineer in the state of California and has more than 11 years of experience in traffic and transportation engineering, including traffic impact studies, engineering and traffic surveys, design and operations, municipal engineering, and operational analyses. Ms. Munoz has an existing working relationship with City staff and therefore is familiar with City procedures and needs. Ms. Munoz has supervised the completion of more than 1,000 projects, for a variety of larger to smaller scaled projects and understands the importance of meeting schedules and developing the most cost-efficient project in order to meet the City's budgetary constraints. Currently, Ms. Munoz serves on an on-call basis as City Traffic Engineer for the Cities of Arcadia,Camarillo, Fontana and Roiling Hills. Ms. Munoz is available to the City of San Bernardino up to 20 hours a week, or as otherwise mutually agreed upon by Willdan and the City. References: City of Camarillo: Ms.Tali Tucker, City Engineer, (805)388-5343 City of Rolling Hills: Mr.Anton Dahlerbruch, City Manager,(310)377-1521 i City of Fontana: Ms. Monae Pirie-Pugh, Supervising Technical Engineer,(909)350-6600 City of Arcadia: Mr.Philip A.Wray,City Engineer,(626)574-5488 To assist Ms. Munoz,Willdan proposes Mr. Reggie Greene, Senior Design Engineer,to provide routine support and technical expertise for traffic-related matters. Mr. Greene has more than 10 years of experience in providing consulting services to local agencies including design and operations and is currently serving in a similar capacity to this assignment at the City of Fontana. References: City of Fontana: Ms. Monae Pirie-Pugh, Supervising Technical Engineer,(909)350-6600 3 City of West Covina: Mr. Miguel Hernandez,Civil Engineering Associate,(626)939-8731 Mr. Lew Gluesing, P.E., T.E., P.T.O.E., Vice President in Charge of Willdan's Traffic and Transportation Division, j will serve as Principal-in-Charge for the overall contract. In this role, Mr. Gluesing will perform the QA/QC to maintain Willdan's high level of service and will provide technical assistance when and as needed. Mr. Gluesing will be available to step in as City Traffic Engineer in the event that Ms. Munoz is unable to attend meetings due to conflicts in scheduling or other unforeseeable circumstances. Mr. Gluesing provides on-call traffic engineering services to the Cities of Lakewood and Paramount. Mr. Gluesing has more than 41 years of traffic and transportation engineering experience. References: City of Lakewood: Mr. Max Withrow,Assistant Public Works Director,(562)866-9771, Ext.2502 City of Paramount: Mr.Chris Cash,Director of Public Works,(562)220-2106 Additional references for the above-mentioned personnel are available upon request. ) i i June 2, 2008 Page 3 FEE The above stated engineering services will be billed on a time-and-materials basis in accordance with the attached Schedule of Hourly Rates and up to a maximum of$155 per hour for the Supervising Engineer and above. 1MLLDAN Schedule of Hourly Rates Effective July 1,2007 to June 30,2008 ENGINEERING LANDSCAPE ARCHITECTURE Principal Engineer 5190.00 Division Manager.... _ 170.00 Division Manager.............. .............. ........ .......170.00 Principal Landscape Architect.. ...........................145.00 1 City Engineer..........................._.......................170 00 Senior Landscape Architect... .............. ..............120.00 i Project Manager _... 170.00 Associate Landscape Architect _.... 110.00 Program Manager .....17000 Assistant Landscape Architect 95.00 j Supervising Erlgmeer.. .. ....... 155.00 Senlor Engineer.............. ....................................140.00 BUILDING AND SAFETY Senior Design Manager.. .. ......_ . ....................140.00 Division Manager................................................. 170.00 Design Manager.... .._ .............._.... ...... Supervising Plan Check Engineer..._...... ....... ,145.00 Associate Engineer....._ _... . ........ .130 00 Building Official........ 14500 Senior Designer............... ...................................125.00 Plan Check Engineer............................._................ 135.00 Senior Design Engineer II............_ ......... . ......125.00 Deputy,Building Official............................................ 135.00 ............................. Senior Design Engineer I..........................................120.00 Inspector of Record.. 13500 Designer II_... .. ...... .._ 11500 Senior Plans Examiner ....... ....... . ......... 120 00 Designer I .... .........._ .,..._. ....... _.. 110 DO Supervising Building Inspector..................................120.00 i Design Engineer II..................................................115.00 Plans Examiner......._.......................... ...110.00 I 110.00 ........................... Design Engineer L................................................. Senior Building Inspector., .......... .. ......... 110.00 I Senor Drafter . ._........ .......... ._...105 00 Supervisor Code Enforcement 110.00 ' Drafter II ........ ........ . ......... ..,... 95 00 Buildrtg Inspector.._ "10000/10500 Drafter I....................................... .............._.............9000 Supervising Construction Permit Specialist ............100.00 Technical Aide..........................................................80.00 Senior Construction Permit Specialist....... ..............95.00 Senior Code Enforcement Of ficer................................90.00 CONSTRUCTION MANAGEMENT Assistant Building Inspector.. *90 001105.00 Division Manager ._... ....17000 Code Enforcement Officer.-... . _75.00 Project Manager............ ............ ................170.00 Construction Permit Specialist............_............ 75.00 Senior Construction Manager_._...._ .......... ._.....150.00 Assistant Construction Perrnit Specialist . ...... 8000 it Construction Manager.. 140 00 Plans Examiner Aide ......... .... _ .70.00 Assistant Construction Manager. . _......... . .......115.00 Assistant Code Enforcement Officer .. 65.00 Utility Coordinator..........._........... ... ...................120.00 Labor Compliance Manager_........._._......... .. .....115.00 PLANNING i l Labor Compliance Specialist _900C) Division Manager 170.00 INSPECTION SERVICES Principal Commune Development 145.00 pa Community pment Planner 145.00 Supervising Public Works Observer... ...11500 Senior Planner.......................................................125.00 Senior Public Works Observer........ . ...............105.00 Senior Community Development Planner .......... _125.00 Pudic Works Observer -950Y10500 Associate Planner... .11000 Assistant Pudic Works Observer.. _ ...^95 001105 00 Associate Community Development Planner._..... 110.00 Assistant Community Development Planner.......... .100.00 SURVEYING Assistant Planner........ _........... ............. ........ 100.00 Division Manager ......... . ....... _...... 17000 Planning Technician ......................... .. ........ ...80.00 Supervisor-Survey&Mapping.... . .....150 00 Community Development Technician 80.00 Senor Survey Analyst I ......... .. ....125.00 Senior Calculator................__.............................115-00 ADMINISTRATIVE Calculator ll..........................................................105.00 Com put er Data Ent ry................ ........_. .. ............60.00 Calculator I_..... .......... .......... .....................9500 Clerical.. . ____..... ...... .60.00 Survey Analyst II .......... ... ........ .......... ........11000 Word Processing.... _ ..... .......... ... .. .. .6000 Survey Analyst I ....................-.................................9500 Personal Computer Time.............................,............25.00 Survey Parry Chef.......... .......................................110.00 Field Party(One) . ....... .......170 00 Field Party(Two)_........ ..._.. .............22500 Mileage reimbursement will be charged at the current Federal Fiek1 Party(Three) ..... 285 00 guideline rate at the time of billing.Vehicles will be charged ate monthly rate of S500.00. •'Prevailing Wage Project,Use 5105.00 Additional Dining classifications maybe added tothe,above as(ing during the year as new positions are created.consultation in connection wiW ldlgagan end couh appearances d vill be puedsepaialety.The above schedule is for straight time Ovetimewil be charged at 1.25 limes.and Sundays and holidays.1.70 limes the standard rates Sluepriiling,reproduction,messenger services,and printing w,l be invoiced at cost pus fifteen percent(15-16).A s(.loconswtant manogemenl fee of fifteen percent(15%)will be added to the died cost doll subconsltanl services toprovide for the cost of acirrilnlstrallon.consaltatlon. and coadnation.valid July 1.2007 thru June 30.2008 KEY PERSONNEL AVAILABILITY All key personnel listed will be available for the duration of the project. Should a change be required due to unforeseen circumstances,a person of equal stature and ability will be offered for the position. r June 2, 2008 Page 4 LOS ANGELES REGIONAL OFFICE DATA The assignments for traffic engineering services for the City of San Bernardino will be accomplished by our Los Angeles Regional office in the City of Industry. This office is located adjacent to the Crossroads Parkway interchange with the Pomona (Route 60) Freeway. Our address and telephone number are: 13191 Crossroads Parkway North, Suite 405, Industry,California 91746-3497,(562)908-6200. STATEMENT OF LOCAL PREFERENCE ELIBILITY Willdan has an office located in the City of San Bernardino. The office is located at 650 Hospitality Lane, Suite 400, San Bernardino, CA 92408-3317, (909) 386-0200. There are approximately 80 employees stationed at the Willdan Engineering San Bernardino office. All 80 employees do business inside the City limits. A copy of Willdan Engineering's City of San Bernardino Business License is presented below. _'.."�I � t 1 ,:...Si�C�o!'e�Y,'1�t�f n +Y i ._._ .—..�.�.-.. _._... —._.. .:-+:..._£.._.:.......+,� .. .... KEEP FOR v0UR RECORDS CITY OF SAN BERNARDINO Dust.DUS ESS REGISTRATION CERTIFICATF. ACCOUNT M 11 : P 1p J,,Ca.Xw Jm ksd w f La.:ur. 06o h-'-Cry ACCT NO. 23140 hpabnau wJ 4ebp+w anin vy br re}ied Ru fmYoN k raW.ibu rerifcac.WI ae mr!a rv[jea w a NUMBER w.Pr.oar:jyd.s�.mcvva. DATE PAID ola4aooa 23140 aauPw•A�Thr B.inm O.+v k repaaLk G rw..y ra...I. da ra.:y..e....�:.br.r rora.eee.r ryas rera.al.r 6r�SPn If.wP,u.:urfoar.oraa oPlr,r:.u.w.w.xaorrotr.akiroarat 525A 5772.60 i BUSINESS CLASS: ENGINEER EXPIRATIONDATE 3 DATE PAID NOTES: 12131!1006 OV2412008 BUSINESS LOCATION: 650E HOSPITALITY LN STE 400 OUSTSMSSNANIE WNER,FIRM OR WILLDAN CORPORATION i BALANCE $0.00 WILLDAN - ATTENTION �I.VLING ADDRESS 2401 E KATELLA AVE STE 300 ANAHEIM CA, 92806-59D9 n,K_tiy I !�t�.�C. � (�e�[ty,�P71Sr rVF,'1 sCrt /."I CITY 0=SAN 5ERNARDIN0 CONFLICT OF INTEREST Willdan differs significantly from other firms in that our focus is meeting the needs of governmental entities and providing no services to private land developers,thus eliminating conflicts of interest. WILLDAN PROFILE Willdan has dedicated itself to providing public agencies with reliable engineering and consulting services for more than 40 years. Combing depth of staffing, state-of-the-art technical resources, and local offices rooted in their communities, Willdan has earned its reputation as a problem solver across a wide range of client interests. We understand the concerns of government agencies —especially those of local government. Our operating divisions offer a broad scope of expertise that uniquely qualifies us to serve the needs of cities,counties, and special districts, as well as state and federal agencies. June 2,2008 Page 5 About Willdan G Willdan is among the largest full-service civil engineering and planning firms in the western United States. The firm has consistently been an WILLDAN SE VICES industry leader in providing all aspects of municipal and infrastructure i engineering, public works contracting, public financing, planning, Building and Safety building and safety, and construction management. Currently we are City Engineering j ranked 136 on the Engineering News Record list of the Top 500 Capital Program Management Engineering firms. Construction Since 1964, Willdan has helped revolutionize the way consulting D services are provided by networking our offices. Our regional and f satellite offices are strategically located to offer local, focused service to the varied demographics of our public agency customers. Wilidan's Flood Control Design organization enables staff to efficiently communicate individual project Landscape Architecture challenges and goals company-wide, thereby utilizing all of Willdan's k resources to deliver the highest quality and most cost-effective Structural a product. Survey/Mapping• Traffic Engineer' ing ' Willdan understands the unique nature of public agency needs and = Water/Wastewater. ii issues. In addition to many of our staff having served in management positions at public agencies prior to joining Willdan, we have 3 numerous assignments with over 60% of the cities and counties in California for building officials, city engineers, planning directors,traffic engineers,and other public agency staff members. j This, with our depth of experience, expertise, knowledge and resources, Willdan is able to offer practical solutions that are timely and cost effective, and that meet the needs of individual communities. The diversity of our staffs' j experience is an added value of our professional services. Willdan sincerely appreciates this opportunity to be of service to the City of San Bernardino. Should you have any questions regarding this proposal, please contact Mr. Lew Gluesing at (562) 908-6291 or email Iluesing@willdan.com. x Respectfully submitted, a WILLDAN i t x �Ll a Lew Gluesing, P.E.,T.E., P.T.O.E. William C. Pagett,P.E. Vice President Senior Vice President VM:mh 95610-06106-1601P08-154 City of San Bernardino r On-Cali Traffic Engineering Services Sra Ikrnar inr Attachments Resumes City of San Bernardino �4-! On-Call Traffic Engineering Services tan Vanessa Munoz, P.E., T.E., P.T.O.E. Supervising Engineer ` Education Ms. Vanessa Munoz is a Supervising Engineer at Willdan Engineering. Her area of 1997, B,S.,Civil Engineering, expertise includes traffic signals design and modification, She has designed over 300 California State Polytechnic signalized intersections for client cities,outside agencies, and Caltrans projects. Ms. Munoz University,Pomona ! in the past has worked on a variety of projects preparing plans, specifications, and engineering estimates (PS&E) as a designer and project manager including interconnect, I Registration signing and striping, traffic control plans, parking lot design, flashing beacons, in-pavement Professional Traffic Operation flashing light systems and lighting design plans. Other areas of experience include i Engineer,2007 M engineering oz has over traffic s f design experience and s responsible for transportation p 1plann Ms. "s Registered Traffic Engineer; and traffic engineering. California-No.2341,2006 As-Needed Traffic Engineering Services Registered Civil Engineer, California-No.67503,2005 ! City of Fontana, Consulting City Traffic Engineering Services - City Traffic Engineer- 3 Doppler Traffic Operator,2000 1 Ms. Munoz currently serves as Consulting City Traffic Engineer for the City. Her responsibilities include handling all general traffic engineering concerns Mthin the City,such Affiliations as, preparation and review of citizens request and work orders as well as supervising and ' City Traffic Engineers approving the design of traffic control plans,traffic signal,signing and striping plans. 3 American Public works j City of Arcadia,As-Needed Traffic Engineering Services—As City Traffic Engineer, Ms. Association Munoz, provides as-needed traffic engineering services to the City of Arcadia and assists City staff with gathering of citywide count data, conducting field investigations, investigating citizen requests, and preparation of safety analysis for traffic control devices and making 11 Years Experience recommendations i City of Rolling Hills, City Traffic Engineering Services - City Traffic Engineer - Ms. j Munoz currently serves as City Traffic Engineer. Her responsibilities include handling all general traffic engineering concerns within the City,such as,performing stop sign and safety analyses, engineering and traffic surveys, preparing and reviewing traffic control plans, preparing and presenting Commission and Council reports, conducting field investigations, and investigating citizen requests. City of Camarillo, Traffic Engineering Services — Associate Traffic Engineer - Ms. Munoz currently serves as an Associate Traffic Engineer for the City. Her responsibilities `i include the traffic aspect of development review for the public works department including development of conditions of approval, reviewing traffic impact reports, plan checking and approving private development plans, coordination with the planning department for future developments and accepting project once they've been constructed and completed for public 'j use. Additional duties include updating city standard plans, developing traffic impact report and establishing traffic control and street lighting guidelines for future projects. Specific Project Experience i City of Indian Wells, Highway 111 Street improvements — As Project Manager, Ms. ,t Munoz oversaw the preparation of plans, specification, and estimate (PS&E) for Highway 111 from west City limit to east City limit (three miles). Project consisted of widening Highway 111 to add a thru lane for the eastbound and westbound traffic, as well as landscape medians. Project included preparation of street, storm drain, traffic signal, interconnect, signing and striping plans, preparation of environmental impact report, legal deeds with platts, topographic survey, geotechnical report, coordination with adjacent `l Jr I development and agencies and utility companies for substructure research and relocation and right of way appraisal and acquisition. I 3 City of San Bernardino On-Call Traffic Engineering Services 6,11 lernori inu City of Moreno Valley, Traffic Signal and Street Improvements for Day Street and Dracaea Avenue — Ms. Munoz was the Project Manager for this project. The project involved the preparation of plans, specifications, and engineering (PS&E) estimate for the traffic signal and street improvements for Day Street and Dracaea Avenue. Work includes, utility coordination, legal deeds and platt preparation, topographic survey, environmental processing, geotechnical and project report, traffic signal, signing and striping and street improvement plans and potholing. City of Fontana, Alder/Randall and Alder/Merrill Improvements - Ms. Munoz was the I Project Manager for this project which involved preparation of street and traffic signal j improvement plans, and engineering construction estimate for the location of Alder AvenuelMerrill Avenue and Alder Avenue/Randall Avenue. Services rendered consisted of preparation of plans for traffic signal, storm drain, street, and signing and striping plans. Other services included utility coordination, topographic survey, legal description with plat, potholing, and assistance during advertisement and bidding. Project consisted of widening the intersection to ultimate improvement for the traffic signal installation. City of Maywood, Street Lighting Design, Phases I thru 5- Ms. Munoz was the Project Manager for the preparation of plans,specifications, and estimates(PS&E)for Phases I thru 5 of the street lighting design in the City of Maywood (approximately 500 streetlights). I Project consisted in under-grounding existing streetlights, removing existing streetlights on wooden poles and replacing them with marbolite poles, upgrading existing luminaire wattage, and installing additional streetlights on wooden pole at location where it is not feasible to underground the streetlights. Other services rendered by Willdan were utility coordination with Southern California Edison (SCE) and other involved agencies, communication with residents during the construction, contract administration, and construction inspection. Design followed Edison and Illuminating Engineering Society of North America(IES)lighting standards and City of Maywood Master Plan design. City of San Bernardino, Traffic Signal Installation at Palm Avenue and Irvington Avenue(TC06-06)—Ms.Munoz was the Supervising Engineer of this project which involved the preparation of plans, specification, and estimate for the traffic signal and street improvements on Palm Avenue and Irvington Avenue in the City of San Bernardino. Work included field verification, traffic signal and signing and striping design, upgrading access ramp to meet current ADA standards, coordination with utility companies having substructures within the vicinity of the project. Potholing proposed traffic signal pole locations and project management. Reports Prepared engineering and traffic surveys including coordinating and gathering radar survey data, accident data, and volume counts. Collected site information necessary for recommendation,as well as calculated accident rates for the following cities; City of South Pasadena—3 segments City of La Quinta—56 segments City of Agoura Hills—25 segments City of Pico Rivera—4 segments City of Rolling Hills Estates—9 segments i . City of Norwalk—99 segments City of Rosemead—42 segments City of Covina—80 segments j • City of Pico Rivera—28 segments City of Indian Wells—15 segments 1 9 City of Lake Forest—15 segments City of San Bernardino ' On-Call Traffic Engineering Services San hrrnardinn City of Pico Rivera, 2007 Congestion Management Program (CMP) - Ms. Munoz is the Supervising Engineer of this project which involves providing traffic engineering services to prepare the 2007 Congestion Management Program reports for two locations in the City of Pico Rivera. Report will include turning movement counts, VIC ratio intersection layout and intersection capacity utilization analysis. City of Bradbury, Traffic Study on Royal Oaks Drive North and Mount Olive Drive—Ms. Munoz was the Supervising Engineer of this project which included conducting a traffic study on Royal Oaks Drive North and Mount Olive Drive to explore possible traffic calming measures. The study included radar speed surveys and the collection of 24-hour traffic counts. City of Lakewood- Coordinated and analyzed 21 intersections with the ICU method in order to show the AM/PM level of service at the existing locations. The project involved the gathering of turning movement counts,geometric configurations, and data analysis. City of Arcadia, Traffic Signal Inventory-As Project Manager,Ms. Munoz coordinated the collection of data for 58 intersections in the City of Arcadia. The objective was to give the City a full inventory of the traffic signal pole equipment,such as vehicle heads,type of poles, pedestrian heads, pedestrian push buttons,etc. City of Paramount, Civic Center Parking Lot Design - As Senior Design Engineer, Ms. Munoz developed plans and specifications for the signing and striping of the Civic Center parking lot and maximize existing parking capacity, as well as provide adequate handicap parking where needed. The project also involved the installation of a gated facility for the medical parking lot and lighting to provide a safe and friendly environment. City of San Marino, Mission Parking Lot Design-As Senior Design Engineer,Ms. Munoz developed signing and striping and area lighting plans for the design of 25 parking lot spaces. The project was completed in a fast and timely manner. The area lighting plan consisted of decorative lighting poles that would make the parking lot safe and friendly and aesthetically pleasing for the neighboring business. City of Anaheim, Center Parking Lot Design - As Senior Design Engineer, Ms. Munoz developed signing and striping and area lighting plans for the parking lot design project. The !I main purpose of the project was to meet the needs of the senior citizens that attend the senior center and careful consideration was given to the handicap parking spaces to ensure all people using the facilities would feel comfortable. I City of South Pasadena, Gold Line Enhanced Railroad Crossing Concept Plans - Two Locations - Ms. Munoz was the Senior Engineer for this project which involved the i preparation of a concept plan for the intersection of Fremont Avenue/Grevelia Street and E Glendon Way/El Centro Street. Concept included signing, striping, and traffic signal modifications. City of South Pasadena, Mission Street/Meridian Avenue Railroad Crossing Concepts - Ms. Murfoz was the Senior Engineer for this project which involved providing traffic engineering services for the preparation of two concepts plans at Mission Street/Meridian Avenue to improve the existing railroad crossing gates and eliminates cars being trapped between the railroad tracks and the gates. I L City of San Bernardino On-Call Traffic Engineering Services 1"rn 17n,1r Reginald J. Greene Senior Design Engineer Education I As a Senior Design Engineer at Willdan, Mr. Reginald J. Greene provides assistance in 2004.B.S.,Civil Engineering, i traffic design services for a variety of traffic engineering projects for client cities, outside California State Polytechnic agencies, and California Department of Transportation (Caltrans) projects. Mr. Greene University, Pomona offers 9 years of traffic-related experience and has experience using AutoCAD,MicroStation, SPEEDPLOT, and Crossroads. Additionally, he has experience using Caltrans' Standard Registration Plans, Traffic Manual, Manual on Uniform Traffic Control Devices (MUTCD), MUTCD Doppler Traffic Radar Operation 1 California Supplement,and Highway Design Manual. Affiliations City Traffic Engineering Set-vices American Society of Civil City of Fontana, City Traffic Engineering Support— Mr. Greene's assignment included Engineers(Former Student working at the City of Fontana's City Hall (East Annex Building) in the Traffic Section. Mr. Chapter Officer) Greene's duties included the investigation of various traffic issues, including intersection Institute of Transportation sight distance, signing and striping, and street lighting. Mr. Greene's duties also included Engineers(Former Student I plan checking traffic plans. Mr. Greene prepared work orders, signing and striping plans, Chapter Officer) tr affic signal installation and modification plans, concept plans, and signal interconnect plans. National Society of Black Engineers(Former Student City of Santa Monica, City Traffic Engineering Support — Mr. Greene's assignment Chapter Officer) included working at the City of Santa Monica's City Hall under the direction of the Parking and Traffic Engineer and later the Transportation Planning Manager. Mr. Greene was Society of Hispanic Professional I assigned responding to the department's backlog of citizen's letters due to recent staff Engineers ! reductions. In addition to responding to the letters, Mr. Greene's duties included preparation 10 Years Experience i of work orders,investigation of various traffic issues,as well as other projects. Specific Project Experience City of La Canada Flintridge, Town Center Street Improvement Engineering Design - As Design Engineer,Mr.Greene was responsible for the preparation of plans,specifications, and estimate(PS&E)for the traffic signal plans portion of this project which also involved the j installation/modification of three traffic signals,streetscape design, street resurfacing, raised center medians, and center median landscaping associated with the La Canada Flintridge Town Center development. Willdan also assisted with Caltrans Encroachment Permit processing to obtain permit and performed utility coordination,right-of-way survey,pavement analysis,and streetscape design. City of Indian Wells, Highway 191 Street improvements — Mr. Greene was the Senior Design Engineer of this project which involved the preparation of plans, specification, and estimate(PS&E)for Highway 111 from west City limit to east City limit. Project consisted of widening Highway 111 to add one thru lane for the eastbound and westbound traffic,as well as landscape medians. Project included preparation of street, storm drain, traffic signal, interconnect, signing and striping plans, preparation of topographic survey, geotechnical report, coordination with adjacent development and agencies and utility companies for substructure research and relocation. I City of Fontana, Citrus Avenue Fiber Optic Installation Plan Revisions — Mr. Greene was the Senior Design Engineer of this project which involved the revision of approved fiber optic installation plans on Citrus Avenue between Valley Boulevard and Foothill Boulevard. The revised plans relocated the proposed fiber optic conduit from the edge of gutter to the parkway. The original plans were designed by Willdan. I City of Agoura Mills, Traffic Signal Modification at Kanan Road and New Canwood City of San Bernardino On-Call Traffic Engineering Services Sou Iirt�ian inu Street - Mr. Greene was the Senior Design Engineer of this project which involved the ! modification of an existing traffic signal at the intersection of Kanan Road and New Canwood Street. The project required the addition of left-turn phasing and the preparation of special provisions,a construction cost estimate,a timing chart,and utility notices. City of Fontana, Cherry Cul-D-Sac Street and Traffic Improvements—As Senior Design Engineer, Mr. Greene prepared plans, specifications, and estimates (PS&E) for a cul-d-sac design at Cherry Avenue south of Santa Ana. The project scope included preparation of street, traffic signal plans as well as topographic survey, grant deed preparation, and potholing. City of Paramount, Bixfer/Jefferson Round-about — Mr. Greene provided traffic engineering services for this project which involved the preparation of signing and striping plans and specifications for the Bixler/Jefferson round-about. City of South Pasadena, Mission Street Improvements — Mr. Greene provided signing and striping plans for this project which involved professional engineering design, design survey, utility coordination, and landscape architectural services for street improvements on Mission Street between Fair Oaks Avenue and Meridian Avenue. Engineering and Traffic Surveys As a Transportation Designer, Mr.Greene has conducted engineering and traffic (E&T) surveys, speed and delay surveys, parking surveys, traffic volume counts,signal and stop sign warrants. Mr. Greene has preformed these surveys for the following cities: i • City of Burbank . City of Indian Wells • City of Costa Mesa • City of Lake Forest • City of Cudahy 0 City of Paramount • City of Culver City • City of Rosemead City of Dana Point . City of Tustin • City of Hawaiian Gardens 0 County of Los Angeles City of Bradbury, Traffic Study on Royal Oaks Drive North and Mount Olive Drive—Mr. Greene was the Senior Design Engineer of this project which included conducting a traffic study on Royal Oaks Drive North and Mount Olive Drive to explore possible traffic calming measures. The study included radar speed surveys and the collection of 24 hour traffic counts. j City of South Gate, Long Beach Boulevard Median Study—Mr.Greene was responsible for project design of this project which involved the provision of professional engineering services to the City of South Gate to perform a fiscal and feasibility study for the installation of raised median islands on Long Beach Boulevard from south City limit to north City limit. The study included a review of existing condifions, a conceptual median layout and an engineer's estimate of construction costs. City of Compton,Stop Warrant Analysis-Oleander/Pear-As Task Manager,Mr.Greene provided professional engineering services to the City of Compton to perform stop sign warrant studies at the intersection of Oleander Street and Pear Avenue in the City of Compton. The project included traffic counts, traffic accident record analysis, and sight distance analysis at the above intersections. County of Riverside— Mr. Greene provided plan check services for signing and striping plans, traffic sign plans,and traffic signal plans. City of San Bernardino ` On-Call Traffic Engineering Services San 13rrnar iou Herbert L. Gluesing, Jr., P.E., T.E., RT.O.E. Vice President/Division Manager Traffic & Transportation Services Education Mr. Herbert L. Gluesing, as a Vice President at Willdan, supervises 14 engineers and 1980,B.S.,Civil Engineering. technicians providing traffic engineering services throughout California and in support of our California State University, j Arizona and Nevada offices. Mr. Gluesing has 41 years of experience in traffic and Long Beach,California transportation engineering, including neighborhood traffic management, traffic circulation, impact and parking studies, design and operations, municipal engineering, and operational Registration/Certification analyses. To date, Mr.Gluesing has supervised the completion of more than 8,000 projects, Professional Traffic Operation for a variety of larger and smaller-scaled projects. He has personally designed more than Engineer, 2007 700 new and modified traffic signal installations, as well as two traffic signal master computer systems, employing various interconnect and communication facilities. Currently, Registered Civil Engineer, Currently,Mr.Gluesing serves as City Traffic Engineer for the Cities of Paramount,Hawaiian California,No.45729, 1990 Gardens,and Rancho Palos Verdes. i Registered Traffic Engineer, I Prior to joining the Willdan team, he served 12 years with Herman Kimmel and Associates California,No. 1683, 1993 and 12 years with the Cities of Newport Beach and Fullerton. Registered Civil Engineer, Nevada,No. 10857, 1994 Specific project experience includes: Affiliations j As-Needed Traffic Engineering Services American Society of Civil Engineers City of Fontana, As-Needed Traffic Engineering Services— Mr. Gluesing is the Project Director of this assignment which involves the provision of as-needed traffic engineering Institute of Transportation services to the City of Fontana, including City Traffic Engineer and assisting City staff with Engineers in-house plan checking,design,funding administration and project management. Orange County Traffic Engineering Council City of San Marino, Engineering Services— Mr. Gluesing is the Project Director for this assignment. Willdan currently serves as City Traffic Engineer for the City of San Marino. City Traffic Engineers The job responsibilities include handling all general traffic engineering concerns within the American Public Works I City, such as reviewing traffic impact studies, preparing and reviewing traffic signal and Association striping plans, performing stop sign and safety analyses, preparing and presenting Commission and Council reports, conducting field investigations, investigating citizen 41 Years Experience requests and assisting City staff in the performance of these duties. The work also includes completion of special reports and documents such as Annual NPDES, Speed Survey, Highway Performance and Road Mileage reports. City of Lancaster, Transportation and Traffic Engineering — As Project Director, Mr. Gluesing oversees the provision of transportation and traffic engineering services to the City of Lancaster on an on-call basis for various projects throughout the City including but not j limited to design of traffic control devices and preparation of neighborhood calming guideline i for the installation of future traffic calming devices. i City of Norwalk, CityTraffic Engineering Services — Mr. Gluesing was the Project Manager of this project and served as the City Traffic Engineer for the City of Norwalk. The job responsibilities included handling all general traffic engineering concerns within the City, j such as reviewing traffic impact studies, preparing and reviewing traffic signal and striping plans, performing stop sign and safety analyses, preparation and presentation of Commission and Council reports, conducting field investigations, investigating citizen requests and assisting City staff in the performance of these duties City of Rancho Palos Verdes, City Traffic Engineering Services - Mr. Gluesing, Project { Manager serves as the City Traffic Engineer and is responsible for rendering city traffic City of San Bernardino On-Call Traffic Engineering Services f` San Ilrrnall NO engineering services to the City of Rancho Palos Verdes. The job responsibilities include I handling all general traffic engineering concerns within the City, such as reviewing traffic impact studies,preparing and reviewing traffic signal and striping plans,performing stop sign and safety analyses, preparing and presenting Commission and Council reports,conducting field investigations, investigating citizen requests and assisting City staff in the performance of these duties City of Rancho Cucamonga, Signal Interconnect and Signal Coordination Timing Plans — Mr. Gluesing was the Project Manager of this project which consisted of the preparation of traffic signal interconnect plans and signal coordination timing plans for 23 intersections along Day Creek Boulevard, Archibald Boulevard, Victoria Gardens Lane, and Church Street. The design included a field inventory of the existing traffic signal controllers cabinets and existing signal interconnect cable. Upon completion of the field review, recommendations were made for upgrades to the cabinet to interface with the City's Aries master system. Design plans were prepared for areas where traffic signal interconnect cable was missing and required to tie the intersections together. The final phase of the project was the preparation of traffic signal timing plans using Synchro analysis and implementation of the timing plans into the City's traffic management center. City of Lake Forest, Traffic Signal System and Master Plan Study - As Division Manager, Mr. Gluesing supervised the preparation of a Traffic Signal System and Master Plan Study on a Citywide basis. Existing controller and system equipment were identified and deficiencies identified. The study was then used to obtain funding through OCTA for controller upgrades and interconnect installations. City of Moreno Valley, Traffic Signal and Street Improvements for Graham Street and Bay Avenue — Mr. Gluesing is the Principal-in-Charge of this project which involves the preparation of plans, specifications, and engineering estimate (PS&E) for the traffic signal and street improvements on Graham Street and Bay Avenue. Other work being provided includes utility coordination, topographic survey, environmental processing, potholing, geotechnical engineering,and a project report. City of Rolling Hills Estates- Traffic Signal Modification Palos Verdes Drive North and i Crenshaw Boulevard - Mr. Gluesing was the Principal-in-Charge of this project which consisted of the preparation of plans,specification,and estimate(PS&E)for the modification of the traffic signal at Palos Verdes Drive North and Crenshaw Boulevard in the City of Rolling Hills Estates. Project consisted of upgrading a large traffic signal pole, 8° vehicle heads, old pedestrian heads, and pedestrian push buttons to current standards. Additionally,utility coordination was also provided by Willdan. City of Bradbury, Traffic Study on Royal Oaks Drive North and Mount Olive drive—Mr. Gluesing was the Principal-in-Charge of this project which included conducting a traffic study on Royal Oaks Drive North and Mount Olive Drive to explore possible traffic calming measures. The study included radar speed surveys and the collection of 24 hour traffic counts. I City of Lakewood, Citywide Traffic Signal Study—Mr. Gluesing was the Project Director of this project which involved the provision of professional engineering services to conduct a Citywide Traffic Signal Study that included a traffic signal inventory of each intersection with type of signals, signal standards, traffic signal controllers with related equipment, left-turn warrants, new traffic signal warrants, 24 hour traffic volume counts, pedestrian counts, speed surveys, ICU calculations and timing sheet and traffic accident review. All of the data was included in a final bound report with safety upgrade recommendations. Attachment "1" to Exhibit A CITY OF SAN BERNARDINO Development Services Department, Public Works 300 North"D" Street, 3`d Floor San Ben Ine San Bernardino, CA 92418 Phone (909) 384-5111 • Fax (909) 384-5155 Web address: www.sbcity.org REQUEST FOR QUALIFICATIONS/PROPOSALS Objective The City of San Bernardino seeks the services of qualified consultants to provide traffic engineering services related to various development and capital improvement projects. Background The Traffic Engineering Section is an organizational unit within the Public Works division with a staff consisting of one traffic operations system analyst, one traffic engineering associate, and one engineering assistant. The Traffic Section reviews all development plans for traffic related issues, reviews and comments on traffic impact analyses, calculates traffic fees, determines needs for traffic studies, operates traffic modes, determines traffic signal timing, studies accidents and recommends solutions. The traffic section also prepares Federal/State aid transportation related funding applications on behalf of the City. Additionally, the section evaluates the need for crossing guards, stop signs, time limit parking, painted curbs and staffs the traffic safety committee. Scope of Services The selected consultant may perform services including, but not limited to the following: • Plan, supervise and coordinate traffic engineering studies, designs and surveys; plan and coordinate traffic operational programs within the City. • Prepare staff reports to the City's Planning Commission and/or Mayor and Common Council. • Meet with Public Works staff and other City departments as needed. • Meet with project applicants and developers as determined by the City Engineer. • Attend Development/Environmental Review Committee, Planning Commission, and/or Mayor and Common Council meetings as needed. • Attend SANBAG and Caltrans meetings on behalf of the City. • Review and comment on plans and studies prepared by other Consultants. • Determine the need for and type of traffic controls; recommend traffic ordinances and resolutions; recommend traffic impact mitigation. • Develop traffic calming policies. • Other similar duties. The consultant(s) will work under the supervision of the City Engineer. All work shall be performed by or under the supervised direction of a registered Civil or Traffic Engineer with a minimum of six years traffic engineering experience. CITY OF SAN BERNARDINO Development Services Department, Public Works 300 North "D" Street, 3rd Floor WBeru San Bernardino, CA 92418 Phone (909) 384-5111 • Fax (909) 384-5155 Web address: www.sbcity.org Proposal Requirements The proposal shall include the following: • Name, address, telephone, e-mail address, and fax number of the designated/specified consultant. • A one-page summary of the consultant's background and experience as it relates to the RFQ/RFP. • A statement of the consultant's accessibility, availability, and office location. • The hourly rate of the specified consultant and any necessary support staff. It is anticipated that the consultant(s) will work out of their normal workplace, and only need to come to City Hall for meetings. It is also anticipated that most work efforts will be e-mailed to the City. Note: the City will not pay or compensate for travel time, courier services, mileage or reimbursement for travel to the City of San Bernardino to attend meetings or conduct the activities necessary to complete tasks required to be performed as part of consultant services. • A statement of local preference eligibility, including identification of an office located in the City of San Bernardino and the number of employees stationed at the office, the number of employees doing business inside the City limits, and a photocopy of your firm's City of San Bernardino Business Registration Certificate. • A statement that the consultant is not working for any client with projects in the City or similar situations that could present a conflict of interest. • The proposal shall not exceed five pages, excluding attachments. • Any comments or suggestions that the consultant believes necessary to improve the review process or to comply with the requirements of this RFP. Proposals are due by June 2, 2008. E-mail submittals are preferred, and should be sent to Ross_Va @sbcity.org. Proposals can also be mailed to the address listed above to the attention of Valerie Ross, Director of Development Services Selection Process The Director and City Engineer will review submitted traffic engineering qualifications and proposals and select the consultant most qualified to provide services. Staff will not interview each consultant;but may contact the consultant(s) for additional information, or clarification. Agreement for Services The Traffic Section proposes to enter into an agreement with the consultant best able to provide assistance based upon availability, familiarity with the City, and lack of conflict of interest. UrrAng CITY OF SAN BERNARDINO Development Services Department, Public Works 300 North "M Street. 3`d Floor SaKBernar San Bernardino, CA 92418 Phone (909) 384-5111 • Fax (909) 384-5155 Web address: www.sbcitY org, Staff anticipates that the initial selection will be completed within two weeks of proposal submittal. Upon selection of a consultant, staff will prepare an Agreement for Services for signature by the selected consultant and the City. The City's standard Agreement for Services is posted on the City's WebPages and can be found at the following location: http://www.ci.san-bernardino.ca.us/depts/devserv/publ ic_works/traffic.asp General This Request for Proposals does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal in response to this request. This RFP is not a contract or commitment of any kind. All proposals in response to this RFP will become the property of the City and may be used by the City in any way deemed appropriate. The City reserves the right to accept or to reject, in part or in its entirety, the proposal if such action is deemed to be in the best interest of the City. EX'�Jk I B 17' 13 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and TRANSPORTATION ENGINEERING AND PLANNING, INC. ("CONSULTANT"). WITNESSETH : A. WHEREAS, CITY proposes to have CONSULTANT provide Professional Services as described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY has a need for qualified consultants to provide traffic engineering services related to various development and capital improvement projects; and D. WHEREAS, no official or employee of CITY has a financial interest. within the nent Code, Sections 1090-1092, in the subject matter of provisions of California Govenu this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall provide the services described in the Request for Qualifications/Proposals and as stated in CONSULTANT's Proposal dated May 29, 2008 all attached hereto as Attachment "l" and made a part hereof. If a conflict arises between CONSULTANT's Proposal and the Request for Qualifications/Proposals or this Consultant Services Agreement (hereinafter "Agreement"), the terms of this Agreement and the Request for Qualifications/Proposals shall overn. 9 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. S:\ Public Works\RFCA's\2008 Ali\08-18-08\Agreement for On-Call Traffic Engineering\TEP-Agreement On-Call Traffic Engineering.doc EXHIBIT "B" 1.3. Warranty. CONSULTANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of CONSULTANT's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. 1.7. Business License: The CONSULTANT shall obtain and maintain a valid CITY Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The CONSULTANT understands and agrees that as the CITY's consultant, CONSULTANT shall maintain a fiduciary duty and a duty of loyalty to the CITY in performing CONSULTANT's obligations under this Agreement. CONSULTANT, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. S:\-Public Works\RFCA's\2008 All\08-18-08\Agreement for On-Call Traffic Engineering\TEP-Agreement On-Call Traffic Engineering.doc 2 i i i EXHIBIT "B" 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for such services at the hourly rates stated in said Attachment "1". Total compensation shall be subject to an aggregate limit of $40,000 together with other consultants performing on-call traffic engineering services, with no minimum amount of compensation guaranteed. 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billin;. CONSULTANT may submit invoices to the City Engineer for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all of CONSULTANT's services, which have been completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five (45) days from the date CITY receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY or its City Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Each on-call assignment shall be diligently pursued to completion in accordance with a schedule provided by the City Engineer. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 5:\,-Public Works\RFCA's\2008 All\OK-18-08\Agreement for On-Call Traffic Engineering\TEP-Agreement On-Call Traffic Engineering.doc 3 EY.F IBF "B'° 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date. This Agreement shall expire on June 30, 2009, unless earlier terminated as provided herein. Subject to agreement of both parties in writing, this Agreement may be administratively extended by the Director of Development Services for a maximum of one (1) additional year. 4.2. Notice of Termination. The CITY reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to CONSULTANT. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, CONSULTANT shall immediately stop rendering services under this Agreement unless directed otherwise by the CITY. 4.3. Compensation. In the event of termination, CITY shall pay CONSULTANT for reasonable costs incurred and professional services satisfactorily performed up to and including the date of CITY's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the CITY or in the possession of the CONSULTANT. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. 5: Public 61"orks',RF( A's\2(Hl8 All\08-18-08',.,Agreement for On-Call Traffic Engineering\TEP-Agreement On-Call Traffic Fngineering.doc 4 (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. CONSULTANT shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with CITY." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to CITY." (c) Other insurance: "Any other insurance maintained by the CITY of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 5.4, Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and 5:\,-Public Works\RFCA's\2008 All\08-18-08\Agreement for On-Call Traffic Engineering\TEP-Agreement On-Call Traffic Engineerinb.dn( 5 EXHIEIT "E" all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of CITY for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the CITY, called for by this Agreement, except as otherwise expressly provided in this Agreement. z CONSULTANT shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of CONSULTANT called for by this Agreement, except as otherwise expressly provided in this Agreement. 1 6.3. Project Managers. CITY shall designate a Construction Engineer to work j directly with CONSULTANT in the performance of this Agreement. 9 CONSULTANT shall designate a Project Manager who shall represent it and be its agent in all consultations with CITY during the term of this Agreement. CONSULTANT or its Project Manager shall attend and assist in all coordination meetings called by CITY. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as t reflected by the official U.S. postmark if such communication is sent through regular t United States mail. IF TO CONSULTANT: IF TO CITY: Mr. Craig S. Neustaedter, P.E. Valerie C. Ross Transportation Engineering and Director of Development Services Planning, Inc. P.O. 18355 300 North"D" Street Irvine, CA 92623 San Bernardino, CA 92418 Fax: (909) 494-4408 Fax: 909-384-5080 ' Tel: (949) 552-4357 Tel: 909-384-5357 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and S:\-Public Works\RFCA's\2008 All\08-78-08\Agreement for On-Call Traffic Engineering\TEP-Agreement On-Call Traffic Engineering.doc 1 6 1 EXHIBIT "B" expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assi ng ment. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 6.8 Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of CONSULTANT, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. CONSULTANT is and shall be acting at all times as an independent contractor and not as an employee of CITY. CONSULTANT shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by CONSULTANT or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of CITY. CONSULTANT agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of CITY. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of CITY and without liability or legal exposure to CONSULTANT. CITY shall indemnify and hold harmless CONSULTANT from all claims, damages, losses, and expenses, including attorneys' fees, arising out of S:\_Public Works\RFCA's\2008 All\08-18-08\Agreement for On-Call Traffic Engineering\TEP-Agreement On-Call Traffic Engineering.drx 7 EXHIBIT "B" or resulting from CITY's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by CONSULTANT. CONSULTANT shall deliver to CITY any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by CITY or its authorized representative, at no additional cost to the CITY. i i 6.11 Public Records Act Disclosure. CONSULTANT has been advised and is 4 aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by CONSULTANT, or any of its subcontractors, and provided to CITY may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which CONSULTANT informs CITY of such trade secret. The CITY will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The CITY shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. a 6.12. Responsibility for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In ' the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide all necessary design drawings, estimates and other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. CONSULTANT will not employ any regular 1 employee of CITY while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5:\_Public Works\RFCA's\2008 All\08-18-08\Agreement for On-Call'Fraffic Engineering\,TEP-Agreement On-Call Traffic Engineering.doc 8 EXHIBIT "B„ 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. j 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or ' event shall not be deemed a waiver of any right or remedy in respect to any other ' occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination l shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 3 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 6.24. Damages. The Parties agree to waive any rights to incidental or consequential damages and to punitive damages arising out of their performance under this Agreement whether in torts or contracts or in law or in equity S t 4 SA.-Public Wor"\RFCA's\2004 All\08-18-08\Agreement for On-Call Traffic Engineering\TEP-Agreement On-Call Traffic Engineering.doc 9 i E)"%MEIT "E." CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, CONSULTANT A Municipal Corporation, Transportation Engineering and Planning, Inc. By Fred Wilson, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney By :3 x s S:\—Public Works\RFCA's\2008 All\08-18-08\Agreement for On-Call Traffic Engineering\TEP-Agreement On-Call Traffic Engineering.doc s 10 TTACHMENT "I" TO EXHIBIT "B" TEP sm P.O. Box 18355 phone: 949 552 4357 Irvine CA 92623 fax: 909494 4408 e-mail: tepirvine @sbcglobal.net mobile: 909 263 0383 May 29, 2008 Valerie Ross, Director of Development Services Development Services Department, Public Works City of San Bernardino 300 N. D St., Third Floor San Bernardino, CA 92418 PROPOSAL TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES Dear Ms. Ross: Thank you for inviting TEP to submit this proposal to provide on-call traffic engineering services to the city of San Bernardino. The following information is provided pursuant to the proposal requirements: Firm information Name: Transportation Engineering and Planning Inc. (TEP) Mailing address: P.O. Box 18355 Irvine, CA 92606 e-mail address: tepirvine sbcglobal.net Primary phone number: 949-552-4357 Fax number: 909-494-4408 Related Background and Experience TEP was founded in 1990. TEP is a California "S." Corporation. Currently, TEP has three employees and several transportation professionals under contract as sub consultants. TEP provides a full range of traffic and transportation consulting services to municipal agencies including: Development Review Traffic Model Review Traffic Impact Studies Circulation Elements Grant Applications Traffic Safety Investigations Speed Zoning Traffic Impact Fee Programs Signal, Signing/Markings, and Traffic Control Plan Checks Caltrans and SANBAG Project Facilitation Transportation Engineering and Planning, Inc. The TEP team possesses extensive experience in performing the work required under this RFP. The TEP team works with the cities of Grand Terrace and Colton in a similar capacity. We have assisted client cities and other public agencies, such as Omnitrans, for over 10 years in dealing with transportation planning and traffic engineering issues and working with regional agencies to ensure that client interests are represented. During this time, TEP has collaborated with our clients to provide quality traffic engineering, transportation planning and project management services including the following: • Provide technical support to the City of Colton Traffic Safety Committee to enhance the overall safety of city streets. • Assist client city staffs in the review of the traffic impacts of controversial development projects. • Development of a traffic study checklist to facilitate expeditious and equitable processing of new development projects. • Preparation of new traffic impact fee ordinances, resolutions, and schedules to be consistent with SANBAG's Measure I Nexus Report. • Successful application for over $1.2 million in SB 821 funds for Colton and Grand Terrace transportation projects. • Successful application for over $8 million in federal CMAQ funds for the city of Fontana Traffic Operations Center. • Preparation of annual technical studies required for compliance with SANBAG's Congestion Management Program. • Prompt and thorough plan check services for improvement projects including traffic signals, signing/marking plans, and traffic control plans. Project Team The project organization chart is shown below. Mr. Craig Neustaedter, a California register traffic engineer with over 30 years of experience will be the project manager assigned to this engagement. Assisting Mr. Neustaedter will be Moses Katz and Ed Studor. These outstanding professionals have assisted in working with TEP client agencies to provide plan check, development review, traffic safety and traffic modeling services. Both Mr. Studor and Mr. Katz possess over 30 years of experience in the field of municipal transportation planning and traffic engineering services. Their resumes are enclosed. Transportation Engineering and Planning, Inc. Project Organization Chart City of San Bernardino Development Services Department Valerie Ross, Director Public Work, City Engineer 1 1 1 TEP Team ' Craig S. Neustaedter, P.E. Project Manager Ed Studor, PTP Moses Katz, P.E. Development Review Signal Design and Plan Check a Approach: The TEP team possesses outstanding expertise in providing on-call traffic engineering and transportation planning services to municipal agencies. Our approach to project delivery emphasizes quality control. After TEP has been engaged to represent the City, a kickoff meeting will be held with city representatives to discuss major issues. In addition, semiannual meetings will be held with city staff to review TEP's performance, which will be evaluated on the following factors: 1. Maintain positive working relationships with all project participants including representatives of governmental agencies, other consultants, the development community and city representatives. 2. Ability to discern controversial issues and provide notice to city staff as soon as possible. 3. Knowledge of city policies, plans, and programs, specifically relevant to the interchange project. 3 4. Clarity and comprehensiveness of communications to the city and others. ' 5. Ability to meet established deadlines. T a Transportation Engineering and Planning, Inc. 6. Ability to suggest innovative solutions. Traffic Impact Study Review TEP staff will work to become knowledgeable of any unique City of San Bernardino standards and practices concerning the review of traffic impacts of development projects, and the preparation of conditions of approval. Consultant Accessibility and Office Location TEP staff will perform all services required by the city as required under the consultant services agreement. Services will be performed in a timely manner pursuant to the city scheduling needs. TEP's main office is located in the city of Irvine. TEP is actively seeking office space in the San Bernardino area, and anticipates having a local office within 90 days. Fee Schedule Principal $ 150.00 per hour Master Designer 160.00 per hour TEP Consultant 140.00 per hour Designer 110.00 per hour Engineering Assistant 80.00 per hour Technician 65.00 per hour Clerical 40.00 per hour Depositions, expert witness testimony (including preparation and wait time) will be billed at double the above rates. Local Preference Eligibility A city of San Bernardino registration certificate will be obtained before commencing work under this agreement. Conflict of Interest Statement TEP has no clients with projects in the city of San Bernardino. There are no conflicts of interest. Should any potential conflict of interest emerge during the term of the contract, city staff will be promptly notified. Other information Financial Condition There are no financial conditions such as bankruptcy, pending litigation, planned office closures, or impending mergers that may impede TEP's ability to complete the project. Transportation Engineering and Planning, Inc. E Insurance TEP maintains all insurance coverage required by the city of San Bernardino and specified in its standard consultant services agreement. References References who may be contacted concerning TEP's qualifications and experience in doing similar projects include the following: Phone Name Title and Agency Project Number Maritza Public Works Manager, On-call traffic 909-370-5056 Tapia City of Colton engineering and development review services. Steve Berry Assistant City On-call traffic 909-430-2226 Manager, City of engineering services. Grand Terrace Rohan Director of Planning, Travel forecasts and (909) 379- Kuruppa San Bernardino model review. 7251 Omnitrans Adequacy of Labor Resources TEP has adequate labor resources to provide consulting services required for this engagement. Exceptions/Deviations TEP has no exceptions or deviations from the requirements of this RFP and the terms and conditions of the city of San Bernardino standard consultant services agreement. TEP welcomes this opportunity to be of assistance to the city of San Bernardino. Please do not hesitate to contact me if I can be of additional assistance concerning this proposal request. Sincerely, _ �f—� Craig S. Neustaedter, P.E., AICP President Transportation Engineering and Planning, Inc. s s s A 2N ON-CALL TRAFFIC AND TRANSPORTATION CONSUL- TANT TO LOCAL GOVERNMENTS—Colton,Whittier, San Luis Obispo, Grand Terrace, Banning, Loma Linda, Fontana, Palm Desert, Omnitrans (San Bernardino County). Transportation Engineering and Planning, Inc. TRAFFIC ENGINEERING-Ontario New Model Community Ac- cess Management Plan; Traffic Safety Investigations for Loma i Linda, Colton, and Grand Terrace; Traffic Control Plans and Signing and Striping Plans for Banning, Colton, Fontana, and TEP's goal is to provide cost effective Grand Terrace; Over 500 Traffic Speed Zone Studies for Palm and outstanding traffic/transportation Desert, Moreno Valley, Grand Terrace, Whittier and Colton. consulting services. TRANSPORTATION INFRASTRUCTURE FINANCING— cir- culation Impact Fee Programs for the Cities of Grand Terrace, Colton, Yucaipa, and Whittier. Grant preparation for federal sur- face transportation act programs(CMAO, STP,TEA).Other pro- grams including SB 821, SRTS, HSIP (HES), OTS. CORRIDOR STUDIES-Whittier Blvd Specific Plan Traffic Study; The traffic/transportation consulting services Foothill Blvd. Improvement Plan(Fontana); Las Virgenes Road Cor- ridor Design Plan; Live Oak Canyon/1-10 Interchange Circulation provided by TEP to municipal agencies and the Study, Idylwild Av. Circulation Study(San Jacinto). development community include: •Signal plans EIR/GENERAL PLAN TRAFFIC STUDIES- La Verne Circu- •Signal construction inspection lation Element Update, Loma Linda Circulation Element, and • Traffic control plans Grand Terrace Circulation Element Update. •Signing/striping plans PARKING STUDIES-University Village, Pomona Parking Study, • Traffic safety investigations Mission Promenade Shared Parking Analysis,City of Fontana Fast • Speed zones Food Restaurant Parking Analysis, and Shared Parking Analyses •Expert witness/Peer review for commercial projects throughout Southern California. • Grant applications SITE IMPACT STUDIES- Site impact studies for development • Traffic impact fee programs projects in California and Hawaii, including residential, retail, • Circulation elements commercial office, industrial, golf courses, hospitals, parking •Access management facilities, commercial and general aviation airports, parks, multi • Traffic calming/speed humps modal facilities, mixed use developments,and civic centers. •Parking studies BICYCLE FACILITIES- San Sevaine Creek Bike Trail TEA Ap- •Corridor studies plication, City of Fontana; City of Grand Terrace Bike Trail Plan • Traffic impact studies (AB 1020) Development review List of Representative Clients MUNICIPALITIES AND PUBLIC AGENCIES— Colton, Loma :3 y Linda, Yucaipa, Upland, Fontana, Grand Terrace, Palm Desert, ' Pomona, Palmdale, Calabasas, Chino Hills, San Luis Obispo, Qning,.Inc.`�.�, La Verne,Whittier, Omnitrans (San Bernardino), San Jacinto. �.� DEVELOPERS-Arteco Partners, Barclay Associates,Wal-Mart, 1= ARCO Oil and Gas Company, Santa Anita Land Development t Company, Unitex Management Corporation, Bedford Properties, 909 2' 3-038t Bixby Ranch Company, Alper Development/ Hunter's Ridge, 3M il: tep- v' e @sb4bbal.rt2 Property Management Company, San Manuel Band of Mission Indians, Carl Karcher Enterprises, Lewis Homes, Trimark Pacific Homes, Stratham Homes,Western Pacific, ETCO Development. ii Craig S. Neustaedter, President FOR Craig S. Neustaedter is a Registered Traffic REQUEST Engineer and a member of the American Insti- tute of Certified Planners. With 30 years expe- A D D I T 10 C4 A L INFORMATION. rience, he specializes in municipal traffic engi- neering,traffic impact studies,and infrastructure If you would like to receive proposals related to any of the financing. In addition he frequently serves as an listed fields of expertise or would like to add TEP to your expert witness on traffic cases. list of qualified consultants contact us at: (looses Katz, Master Designer Transportation Engineering and Planning, Inc. With his 40 years of experience, Moses Katz, P.O. Box 18355 brings expertise in traffic signal design, signal system operations, street design, and traffic Irvine, CA 92623 congestion problem solving. Katz is a Regis- tered Traffic Engineer. work: 949-552-4357 Kamal Mchantat, Designer cell: 909-263-0383 Kamal Mchantaf is a Registered Civil Engineer with 18 years email: tepirvine @sbcglobal.net of experience. His specialties include Caltrans highway design, traffic signal design, traffic control plans, and signing and strip- ing plans. Allyn Rifkin, consultant As a Registered Traffic Engineer, Allyn Rifkin focuses his ca- pabilities on projects such as parking studies, infrastructure ' , financing, transit oriented development and context sensitive design. Rifkin brings with him over 30 years of experience and is a member of ULI. Edwin Studor, consultant Edwin Studor has 30 years of experience in circulation elements,traf- fic impact fees, development review, and environmental processing. Ap: Mike Ainsworth Principal Planner,SCAG 951-784-1513 Paul Balbach Transportation Manager,City of Fontana 909-350-7629 Tom Danna Transportation Manager,City of Ontario 909-395-2387 Mark Greenwood Public Works Director,City of Palm Desert 760-776-6450 Paul Ireland Principal,Hogle Ireland 949-553-1427 David Zamora Community Development Director,City of Colton 909-370-5079 George Johnson Director,Riverside County TLMA 951-955-6740 Habib Motlagh City Engineer(Contract)Perris,San Jacinto 951-943-6504 Rohan Kuruppu Director of Planning,Omnitrans 909-379-7251 Barry McClellan City Manager,City of San Jacinto 951-487-7342 Ty Schuiling Director of Planning,San Bernardino Associated Governments 909-884-8276 Tom Schwab City Manager,City of Grand Terrace 909-430-2245 Linda Guillis Planning Manager,Evans and Associates 951-682-8500 Tony Wang Transport ation Manager,City of Yorba Linda 714-961-7184 Chris Magdosku City Traffic Engineer,City of Whittier 562-464-3518 TEP9 sm P.O. Box 18355 phone: 949 552 4357 Irvine CA 92623 fax: 909494 4408 e-mail: tepirvine @sbcglobal.net mobile: 909 263 0383 Craig S. Neustaedter, P.E., AICP Professional Resume EDUCATION M.S.C.E. received from the University of California, Irvine. Major fields of study: transit planning, environmental analysis, traffic engineering, and travel demand forecasting. Honors: Recipient of National Highway Institute Fellowship for Graduate studies. B.A. received from the University of Colorado, Boulder. Graduate of Certificate Program in Engineering Management, University of California, Irvine PROFESSIONAL CREDENTIALS AND AFFILIATIONS Registered Professional Engineer (Transportation, CA license#TR 1433) American Institute of Certified Planners (AICP) Institute of Transportation Engineers, Fellow Forensic Expert Witness Association American Planning Association American Public Works Association American Society of Civil Engineers (ASCE) Forensic Engineering Technical Group Orange County Traffic Engineers Council (OCTEC) Riverside- San Bernardino Institute of Transportation Engineers (RSBITE) Traffic Signal Association of the Inland Empire PROFESSIONAL AND ACADEMIC ACTIVITIES Instructor, University of California, Riverside Extension - Fundamentals of Transportation Engineering Advisory Board Member, Cal State University, San Bernardino - Leonard University Transportation Center Member ITE Technical Council Committees: Refinement of Traffic Forecasts; Transportation Expert Information Notebook Author: "Fontana Truck Trip Generation Study", September, 2003 'Arterial Access Management Issues and Opportunities, Three Southern California Case Studies", Transportation Research Board, August 4, 1993; "Chorro Street Area Traffic Calming Plan, A Case Study of Residential Traffic Control", Institute of Transportation Engineers District 6, July, 1997; "Demand Predictive Models Based On Omnitrans Route 61 Ridership Data", Institute of Transportation Engineers District 6, July, 2002. Chairman RSBITE Technical Committee, (1995 through 2004) REPRESENTATIVE PROJECT EXPERIENCE On-call Traffic and Transportation Consultant to Local Governments — Colton, Whittier, San Luis Obispo, Grand Terrace, Banning, Loma Linda, Fontana, Palm Desert, Omnitrans (San Bernardino County). Craig S. Neustaedter Page 2 Traffic Engineering — Ontario New Model Community Access Management Plan; Traffic Safety Investigations for Loma Linda, Colton, and Grand Terrace; Traffic Control Plans and Signing and Striping Plans for Banning, Colton, Fontana, and Irvine; Over 500 Traffic Speed Zone Studies for Palm Desert, Moreno Valley, Grand Terrace, Whittier and Colton. Transportation Infrastructure Financing — Circulation Impact Fee Programs for the Irvine Business Complex and Cities of Grand Terrace, Moreno Valley, Colton, Yucaipa, and Whittier. Grant preparation for federal surface transportation act (CMAQ, STP, TEA) programs. Other programs including SB821,SRTS, HES, OTS. Transit and TDM Studies - Demand Predictive Models Based On Omnitrans Route 61 Ridership Data; North State Route 57 Corridor Transit System Opportunities and Options Study; Orange County Master Plan Study for Park and Ride Facilities; Study of the Effectiveness of Shared Ride Incentives; San Joaquin Hills Transportation Corridor Transit Demand Analysis, Anaheim Tour Bus Study. Computer Modeling - Upland Traffic Demand Model, Fontana Travel Demand Model, North-South Corridor Model, Hawaii Kai Traffic Model, Santa Ana Heights/John Wayne Airport Traffic Model, Laguna Niguel Traffic Model, North Orange County Circulation Study Model. Corridor Studies—Whittier Blvd Specific Plan Traffic Study; Foothill Blvd. Improvement Plan (Fontana); Las Virgenes Road Corridor Design Plan; North/South Corridor Study; 1-5/San Joaquin Hills Transportation Corridor Confluence Area Traffic Study; Moulton Parkway Super Street Feasibility Study; Foothill Blvd. Vision Plan (Upland) - Traffic Technical Report; Cajalco/ SR 91 Systems and Funding Alternatives Analysis; San Joaquin Transportation Corridor West End Conceptual Design; Live Oak Canyon/1-10 Interchange Circulation and Prioritization Study. EIR/General Plan Traffic Studies - La Verne Circulation Element Update, Loma Linda Circulation Element, Grand Terrace Circulation Element Update, Village 34 General Plan Amendment and Zone Change; Irvine Business Complex Supplemental EIR; Irvine Conservation/Open Space Element General Plan Amendment; Irvine Business Complex Five Year Circulation Phasing Improvement Program; John Wayne Airport/Santa Ana Heights; Laguna Niguel Comprehensive Traffic Study. Parking Studies— University Village, Pomona Parking Study, Mission Promenade Shared Parking Analysis, City of Fontana Fast Food Restaurant Parking Analysis, Shared Parking Analyses for various projects throughout Southern California. Site Impact Studies - Site impact studies for development projects in California and Hawaii, including residential, retail, commercial office, industrial, golf courses, hospitals, parking facilities, commercial and general aviation airports, parks, multi-modal facilities, mixed use developments, and government facilities. Bicycle Facilities —San Sevaine Creek Bike Trail TEA Application, City of Fontana; City of Grand Terrace Bike Trail Plan (AB 1020); City of Moreno Valley Bike Trail Plan; Village 38 Bike Trail Study, City of Irvine; Moulton Parkway Bike Trail Study, County of Orange; California Aqueduct Bike Trail Conceptual Design, Moreno Valley. TES sm P.O. Box 18355 phone: 949 552 4357 Irvine CA 92623 fax: 909494 4408 e-mail: tepirvine @sbcglobal.net mobile: 909 263 0383 Professional Resume Moses Katz Master Designer Education Bachelor of Science in civil engineering, St. John's University, Shanghai China Registration Professional engineer: Traffic (California #1056) Awards Portland Concrete Cement Association Engineering Excellence Award for best intersection design in Los Angeles County for the intersection of Lake Avenue at Walnut St. in Pasadena California. Caltrans District 7 Excellence in Transportation Facilities Award for Consultant PS & E Projects and Technical Studies for closed circuit TV and communications using fiber optics. Professional Experience Street and highway design — over 35 years experience in street and highway design, working with both the public sector and the development industry. Produced improvement plans for streets throughout Los Angeles, Orange, Riverside, Ventura, San Bernardino, Santa Barbara, and San Diego counties. Developed AutoCAD software specifically tailored for design and drafting of road plans. Prepared highway and street design plans for numerous residential tracts in Southern California such as Porter Ranch, Stevenson Ranch, and Monterey Hills (South Pasadena). Traffic signal operations —extensive experience in signal operations including the evaluation of signal systems to alleviate congestion. Experienced in use of pre-timed, semi- actuated, and actuated signal systems. Has designed traffic interconnect systems, including a system of 312 coordinated traffic signals. Has assisted Los Angeles County and Caltrans District 7 in the design of"Smart Corridors". Traffic signal design — master signal designer, having prepared plans for approximately 250 intersections per year for over 30 years. Originator of the flashing red midblock pedestrian signal concept, first implemented in Little Tokyo in central Los Angeles. Has assisted numerous agencies including Los Angeles, the Port of Long Beach, and cities in the Inland Empire in resolving complex signal design issues. Transportation Engineering and Planning, Inc. TEP sm P.O. Box 18355 phone: 949 552 4357 Irvine CA 92623 fax: 909494 4408 e-mail: tepirvine @sbcglobal.net mobile: 909 263 0383 Ed Studor, PTP TEP Consultant Professional Resume Ed Studor served as the senior transportation program manager for Riverside County for the 16 year period from 1989 through 2005, an era of tremendous growth and development. He has a total of more than 30 years professional transportation planning experience. He has extensive experience in all aspects of transportation planning. Mr. Studor has been responsible for the implementation of various mitigation fee programs to address the traffic impacts of new development. He has also been involved in the update and rewriting of assorted ordinances regulating the development process, as well as the implementation of those ordinances via the imposition of conditions for approval. He has prepared traffic impact analysis guidelines and has been responsible for traffic impact analysis review and approval. His advanced planning experience includes various studies such as: precise roadway alignments; traffic modeling and forecasting; environmental studies; project study reports for major infrastructure projects, such as bridges and interchanges; and General Plan Circulation Element updates. He served as the manager in charge for the transportation component Riverside County's Community and Environmental Acceptability Process (CETAP), integrating land use, transportation and open space planning on a countywide scale. As a program manager he has been responsible for fiscal control of transportation planning budgets totaling several million dollars per year. His responsiblies have included the supervision of a large technical and professional staff; as well as the use of consultants to supplement staff including consultant selection, contract negotiations and consultant oversight. He has been instrumental in obtaining funds from various State, Federal and local grant programs for road construction projects, trails and advanced planning studies. Mr. Studor has extensive environmental experience, having been responsible to obtain environmental clearances and appropriate permits for major road construction projects. He worked very closely with State and Federal regulatory agencies on the CETAP project to obtain agreement on the permitting process for the transportation component of the plan and is very familiar the resource agency requirements. Ed Studor has a Bachelor of Science degree from the School of Architecture and Environmental Design at the California Polytechnic State University at San Luis Obispo, and an Associate of Arts degree from Mt. San Jacinto College. He has been a member of the Institute of Transportation Engineers (ITE) since 1989, and was recently certified under a new program by the ITE Transportation Professional Certification Board as a Professional Transportation Planner. Transportation Engineering and Planning, Inc. Attachment "1" to Exhibit B CITY OF SAN BERNARDINO Development Services Department, Public Works 300 North"D" Street, 3rd Floor *Benriiho San Bernardino, CA 92418 Phone (909) 384-5111 . Fax (909) 384-5155 Web address: www.sbcity.orp, Proposal Requirements The proposal shall include the following: I • Name, address, telephone, e-mail address, and fax number of the designated/specified consultant. • A one-page summary of the consultant's background and experience as it relates to the RFQ/RFP. • A statement of the consultant's accessibility, availability, and office location. • The hourly rate of the specified consultant and any necessary support staff. It is anticipated that the consultant(s) will work out of their normal workplace, and only need to come to City Hall for meetings. It is also anticipated that most work efforts will be e-mailed to the City. Note: the City will not pay or compensate for travel time, courier services, mileage or reimbursement for travel to the City of San Bernardino to attend meetings or conduct the activities necessary to complete tasks required to be performed as part of consultant services. • A statement of local preference eligibility, including identification of an office located in the City of San Bernardino and the number of employees stationed at the office, the number of employees doing business inside the City limits, and a photocopy of your firm's City of San Bernardino Business Registration Certificate. • A statement that the consultant is not working for any client with projects in the City or similar situations that could present a conflict of interest. • The proposal shall not exceed five pages, excluding attachments. • Any comments or suggestions that the consultant believes necessary to improve the review process or to comply with the requirements of this RFP. Proposals are due by June 2, 2008. E-mail submittals are preferred, and should be sent to Ross_Va @sbcity.org. Proposals can also be mailed to the address listed above to the attention of Valerie Ross, Director of Development Services Selection Process The Director and City Engineer will review submitted traffic engineering qualifications and proposals and select the consultant most qualified to provide services. Staff will not interview each consultant, but may contact the consultant(s) for additional information, or clarification. Agreement for Services The Traffic Section proposes to enter into an agreement with the consultant best able to provide assistance based upon availability, familiarity with the City, and lack of conflict of interest. CITY OF SAN BERNARDINO Development Services Department, Public Works 300 North "D" Street, 3`d Floor San Bernar ino San Bernardino, CA 92418 Phone (909) 384-5111 • Fax (909) 384-5155 Web address: www.sbcity.org REQUEST FOR QUALIFICATIONS/PROPOSALS Objective The City of San Bernardino seeks the services of qualified consultants to provide traffic engineering services related to various development and capital improvement projects. Background The Traffic Engineering Section is an organizational unit within the Public Works division with a staff consisting of one traffic operations system analyst, one traffic engineering associate, and one engineering assistant. The Traffic Section reviews all development plans for traffic related issues, reviews and comments on traffic impact analyses, calculates traffic fees, determines needs for traffic studies, operates traffic modes, determines traffic signal timing, studies accidents and recommends solutions. The traffic section also prepares Federal/State aid transportation related funding applications on behalf of the City. Additionally, the section evaluates the need for crossing guards, stop signs, time limit parking, painted curbs and staffs the traffic safety committee. Scope of Services The selected consultant may perform services including, but not limited to the following: • Plan, supervise and coordinate traffic engineering studies, designs and surveys; plan and coordinate traffic operational programs within the City. • Prepare staff reports to the City's Planning Commission and/or Mayor and Common Council. • Meet with Public Works staff and other City departments as needed. • Meet with project applicants and developers as determined by the City Engineer. • Attend Development/Environmental Review Committee, Planning Commission, and/or Mayor and Common Council meetings as needed. • Attend SANBAG and Caltrans meetings on behalf of the City. • Review and comment on plans and studies prepared by other Consultants. • Determine the need for and type of traffic controls; recommend traffic ordinances and resolutions; recommend traffic impact mitigation. • Develop traffic calming policies. • Other similar duties. The consultant(s) will work under the supervision of the City Engineer. All work shall be performed by or under the supervised direction of a registered Civil or Traffic Engineer with a minimum of six years traffic engineering experience. I ' CITY OF SAN BERNARDINO Development Services Department, Public Works 300 North"D" Street, 3`d Floor Sin Bern 1no_ San Bernardino, CA 92418 Phone (909) 384-5111 • Fax (909) 384-5155 Web address: www.sbcity.org Staff anticipates that the initial selection will be completed within two weeks of proposal submittal. Upon selection of a consultant, staff will prepare an Agreement for Services for signature by the selected consultant and the City. The City's standard Agreement for Services is posted on the City's WebPages and can be found at the following location: http://www.ci.san-bemardino.ca.us/depts/devserv/public works/traffic.asp General This Request for Proposals does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal in response to this request. This RFP is not a contract or commitment of any kind. All proposals in response to this RFP will become the property of the City and may be used by the City in any way deemed appropriate. The City reserves the right to accept or to reject, in part or in its entirety, the proposal if such action is deemed to be in the best interest of the City.