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HomeMy WebLinkAboutE-9 Staff Report - Professional Services Agreement for Arrow Hwy Raised Median ProjectCONSENT ITEM E-9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: JUNE 3, 2019 SUBJECT: AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR THE ARROW HIGHWAY RAISED MEDIAN ISLANDS PROJECT NO. HSIPL-5112(019) BACKGROUND: The City was awarded a grant from the California Department of Transportation (Caltrans) for the Arrow Highway Raised Median Islands Project in the amount of $545,111 through the Federal Highway Safety Improvement Program (HSIP). This project proposes to improve traffic and pedestrian safety by constructing raised median islands on Arrow Highway from Azusa Avenue to Citrus Avenue. This action will authorize the City Manager to enter into a professional services agreement with Willdan for design services. RECOMMENDATION: Staff recommends the City Council take the following action: 1) Authorize the City Manager to enter into a professional services agreement with Willdan for a not to exceed fee of $94,072.66 to provide professional engineering services for the Arrow Highway Raised Median Islands Project. ANALYSIS: The City was awarded a $545,111 grant from Caltrans, through HSIP, for the City’s Arrow Highway Raised Median Islands Project. The proposed project will incorporate hardscaped raised median islands along Arrow Highway from Azusa Avenue to Citrus Avenue. This project is expected to improve the overall safety along a corridor with high vehicle and pedestrian volumes. These improvements will reduce traffic collisions and improve traffic and pedestrian safety. Other improvements may include repairs to curb and gutter, curb ramps, driveways, sidewalk, and striping. In addition, the project will offer an opportunity to provide aesthetic enhancements with the installation of landscape and/or hardscape within the median islands. APPROVED CITY COUNCIL 6/3/2019 Arrow Highway Raised Median Islands Project June 3, 2019 Page 2 On May 2, 2019, Engineering staff received proposals from prequalified on-call consultants to provide professional engineering services for the Arrow Highway Median Isands Project. Staff received three proposals from qualified firms. The following is the list of firms that submitted proposals (in alphabetical order): • Willdan • TKE Engineering, Inc. • KOA Corporation After a thorough review off all proposals, staff selected Willdan as the most qualified firm to perform the required engineering services. Willdan has over 50-years of experience in traffic engineering with vast experience on similar projects as the City of Azusa Arrow Highway Median Islands Project. The scope of work for this professional services agreement will include the following eleven essential work tasks: • Project Management • Public Outreach • Research and Development • Plans, Specifications, and Estimate • Design Survey • HSIP Grant Administration • Geotechnical Investigation • Advertisement and Bidding Assistance • Traffic Study • Engineering Support During Construction • Field Review FISCAL IMPACT: The recommendation awards a Professional Services Agreement in the amount of $85,520, and further authorizes Staff to amend the agreement up to 10% or $8,552.00 for potential change orders, for a total not-to-exceed amount of $94,072. The project is listed in the approved 2018-19 Capital Improvement Program Budget, funded with HSIP and Measure M funds. Prepared by: Fiscal Impact Reviewed by: Robert Delgadillo, P.E. Talika M. Johnson Assistant Director of Public Works Director of Finance Reviewed by: Reviewed and Approved: Daniel Bobadilla, P.E. Sergio Gonzalez Director of Public Works/City Engineer City Manager Attachments: 1) Professional Services Agreement 2) Willdan Proposal 8513273_1 CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1.PARTIES AND DATE. This Agreement is made and entered into this ____ day of ________________, 20___ by and between the City of Azusa, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and Willdan with its principal place of business at 13191 Crossroads Parkway North, Suite 405, Industry, CA 91746 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2.RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering ervices to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the ARROW HIGHWAY MEDIAN ISLANDS project (“Project”) as set forth in this Agreement. 3.TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Engineering consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from June 4, 2019 to June 30, 2021, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Consultant. Attachment 1 Willdan Page 2 of 17 8513273_1 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Vanessa Muñoz, P.E. 3.2.5 City’s Representative. The City hereby designates Daniel Bobadilla, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. Willdan Page 3 of 17 8513273_1 3.2.6 Consultant’s Representative. Consultant hereby designates Vanessa Muñoz, or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant Willdan Page 4 of 17 8513273_1 performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake Willdan Page 5 of 17 8513273_1 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, Willdan Page 6 of 17 8513273_1 unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability:$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident Willdan Page 7 of 17 8513273_1 for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to limits. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional Willdan Page 8 of 17 8513273_1 insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employers’ Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant Willdan Page 9 of 17 8513273_1 shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Accounting Records. Consultant shall maintain complete and accurate Willdan Page 10 of 17 8513273_1 records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty Five Thousand Five Hundred Twenty Dollars and Zero Cents ($85,520.00) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s Willdan Page 11 of 17 8513273_1 principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Willdan Page 12 of 17 8513273_1 Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City. 3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.5.5 Confidentiality. All Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other Willdan Page 13 of 17 8513273_1 similar medium without the prior written consent of City. 3.6 General Provisions. 3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Willdan 13191 Crossroads Parkway North, Suite 405 Industry, CA 91746-3443 Attn: Vanessa Muñoz City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: Daniel Bobadilla, P.E. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Willdan Page 14 of 17 8513273_1 Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and Willdan Page 15 of 17 8513273_1 subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.6.16 Authority to Enter Agreement. Consultant has all requisite power and Willdan Page 16 of 17 8513273_1 authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] Willdan Page 17 of 17 8513273_1 CITY OF AZUSA Willdan By: By: Mayor Name: Attest: Title: City Clerk Approved as to Form: Best Best & Krieger LLP By: Name: City Attorney Title: A-1 8513273_1 EXHIBIT “A” SCOPE OF SERVICES See Attached Proposal Dated May 2, 2019 B-1 8513273_1 EXHIBIT “B” SCHEDULE OF SERVICES See Attached Proposal Dated May 2, 2019 C-1 8513273_1 EXHIBIT “C” COMPENSATION C-2 8513273_1 May 02, 2019 Mr. Robert Delgadillo Assistant Director of Public Works City of Azusa Public Works Department 213 E. Foothill Boulevard Azusa, CA 91702 Subject: Proposal to Provide Engineering Design Services Street Resurfacing Improvements and Federal Highway Safety Improvement Project (HSIP) Dear Mr. Delgadillo: Pursuant to the Professional Services Agreement between the City of Azusa and Willdan Engineering, dated January 8, 2019. Willdan Engineering is pleased to submit this proposal to provide to prepare Plans, Specifications and estimate (PS&E) as well as to assist the City with Utility Notifications, NEPA approval, ROW Certification, and Construction Authorization for City Federal project the Arrow Highway Median Improvements Project [HSIPL-5112(019)]. We understand the City has concerns over the increased number of pedestrian related accidents on Arrow Highway and is requesting raised medians to reduce the potential collisions. It is our understanding that the HSIP project has federal funds and will require allocation of funding through the Caltrans local assistance office, as well as, additional steps such as public outreach for the medians to provide the necessary paperwork to acquire Authorization to Proceed with Construction (E-76). The proposed project limits for the street resurfacing project are: Arrow Highway between the West City Limit (approximately 650 West of South Azusa Ave and Arrow Hwy intersection) to South Citrus Avenue (approximately 1.10 miles). Federal Highway Safety Improvement Project (HSIP) Traffic Improvements The improvements include the construction of small non-landscaped median islands on Arrow Highway, between 650 feet west of South Azusa Avenue and South Citrus Avenue. Services shall include (but will not be limited to): construction plans and specifications, utility coordination, public outreach, and Caltrans Construction (E-76) construction package approval (construction engineering and final submittal package) for the Federal HSIP Project. The project is funded with Federal HSIP funds (grant amount of $545,111 and is programmed for FY 2019-20.) and Measure M ($1,029,889). It is our understanding that all cost associated with design, construction management, and inspection will be paid by Measure M funds. SCOPE OF WORK – HIGHWAY SAFETY IMPROVEMENT PROJECT (HSIP) Task 1 – Project Management The management and close coordination with all parties involved in this project is critical for the successful completion of any project. Willdan takes pride in the high level of service we provide to our clients. Three (3) key elements to successful project management include a project kick- off meeting, the project design requirement letter, and project status reports. Attachment 2 May 02, 2019 Page 2 1. A project kick-off meeting will be scheduled to include City staff. The City will provide a detailed explanation of the project scope and schedule. Major aspects of the project will be discussed including the design criteria, utility coordination, plan preparation and specifications, estimates, submittal reviews, bid process, and anticipated construction issues. In addition to the kick-off meeting, Willdan will attend design meetings for the various submittal stages four meetings; 35%, 65% 95%, and final. Request for attendance at additional meetings other than those discussed above (a total of five meetings) will be for an additional fee. 2. The design criteria, responsibilities, and findings from the project kick-off meeting will be summarized in a design criteria letter that will be distributed to the project team. 3. Willdan will prepare and distribute the agendas and minutes for all project meetings. 4. Willdan will submit monthly progress reports to the Project Engineer via e-mail following federally funded project procedures, the reports will include the progress to date. Task 2 – Research and Development 1. Obtain available as-built drawings, survey data and utility contact information from the City of Azusa. The research may include assessor parcel maps, tract maps, recently completed or planned improvement drawings, as-built drawings for street, traffic signals, signing, striping, and storm drain, as well as municipal improvements such as water and sewer as- builts, atlases, and/or GIS information. 2. Mail notices to utility companies in accordance with City’s procedures. Documentation of contacts and responses will be copied to the City. Willdan Engineering will prepare utility notices and deliver them to the City for mailing under City letterhead. If so desired by the City, Willdan Engineering can transmit these notices under Willdan Engineering’s letterhead; however, the City shall be responsible for any fees assessed to Willdan Engineering by the utility companies. In either case, all responses, questions, and correspondence from the utility companies will be addressed to Willdan Engineering’s utility coordinator. Willdan Engineering will coordinate with utility companies for new connection feeds and utility relocations, as needed within the project limits. 3. Utilize record drawings and design survey to prepare a base plan with the existing improvements for the project area. A site visit will then be conducted to fill in any data gaps and confirm accuracy of the base mapping. Task 3 – Design Survey Since the median will be constructed on top of the existing roadway surface, topographic and cross-sectional surveys will not be required for the project design. The Survey team will assist with baseline preparation. Task 4 – Geotechnical Investigation Willdan Geotechnical will prepare the geotechnical/pavement design study for the proposed improvements along Glenoaks Boulevard from West City Limit to East City Limit (1.27 linear miles). The report preparation includes the following: Task 1 Deliverables  Meeting Minutes  Agenda  Month Progress reports Month Progress reports Task 4 Deliverables  Three (3) copies of Draft and Final Geotechnical Report May 02, 2019 Page 3 1. Review and map the condition and level of distress of the existing pavement. 2. Field exploration including coring the asphalt pavement, and drilling and sampling the subgrade soil at the total of ten (10) locations to the maximum drilled depth of 4 feet below ground surface within the project limits. The core locations will be placed at strategic locations to represent the existing conditions. We will provide traffic control measures during coring operations. 3. Measure and visually log the cores in the field. Measure the thickness of aggregate base, if any, and collect representative sample of subgrade material for laboratory testing. 4. Laboratory testing of collected representative subgrade soils to determine their index and engineering properties. 5. Based on test results, evaluate alternative pavement section thicknesses for new pavement and rehabilitation approaches for the existing pavement where needed, including any necessary localized dig-outs where warranted. The alternatives may consist of overlay, full depth reclamation/recycling and/or total removal and replacement, including RHMA and/or HMA material. We will also explore and analyze engineering properties of subgrade soils and provide recommendations for construction of the proposed replacement of water main and sewer main such as trench stability and trench backfill. 6. Provide a draft and a final report to the design team presenting our findings, conclusions and recommendations. The report will be supported with a map showing core locations and summary of laboratory test results. Task 5 – Traffic Study   Willdan will prepare a traffic assessment along Arrow Highway between 600 feet west of North Azusa Avenue and South Citrus Avenue to determine which left-turn movement should remain with the installation of a raised median and the impacts to the displaced vehicles at the signalized intersection. The general scope of work includes: 1. Data collection including turning movement counts at 7 intersections, and a 24-hour vehicle classification ADT count. 2. Trip redistribution of estimated trips affected by proposed closure of access to minor streets and driveways with development of median along Arrow Highway. 3. Level of service analysis scenarios using LOS for both AM and PM peak hours, including: a. Existing b. Existing plus project 4. Analysis to include: a. Three signalized intersections b. Four minor street stop-controlled intersections c. Up to six mid-block segments. Mid-block analysis will include an ADT analysis with three lanes in each direction Determine where, if any, median openings will be provided for minor, non-signalized intersections or major driveways. Task 5 Deliverables  Three (3) copies of Final Traffic Study May 02, 2019 Page 4 Review three years of accident data along Arrow Highway. This accident analysis may help to determine if a median opening at a minor, non-signalized intersection or major driveway is not recommended. The accident analysis will also determine where the installation of the proposed median may reduce the number of accidents at a particular location. 5. Review high accident locations and types. Task 6 – Field Review Willdan will perform a comprehensive field review of the project limits. Photographs will be taken to catalog existing site conditions and additional field measurements may be collected for a complete and accurate design. 1. Verify locations of street topographic features including manholes, water valves, traffic striping, etc. 2. Be proactive in field review towards discovery of special conditions that might create conflicts or change orders during construction. Task 7 – Public Outreach 1. Prepare conceptual plans as described in HSIP application. The concept plans will be prepared at a scale of 1”=40’. The conceptual plans will include preliminary alignment for the median approaches Glenoaks Boulevard with the six intersections. 2. Attend public presentations on the proposed project to initially inform the public of the project and receive input. A second meeting will be held to present the public with details of the proposed project. A third meeting would include City Council hearing for preliminary and environmental approval. 3. Provide information for the public outreach meeting including mailing information, and write ups for social media. The community will be informed of the meetings through, mailing, website postings, local newspapers and community websites. Task 8 – Plans, Specifications and Estimate Willdan will prepare engineering plans, technical specifications and engineers estimate of construction costs (PS&E) for the HSIP Project. Plans will be prepared on 22- inch by 34-inch layout in AutoCAD 2014, and submitted full size on bond at the 60, 90% and final submittals for City s review and comment. Final approved drawings will be wet stamped and signed by the engineer of record. Median Street Improvement Plans The median plans will include 20 scale plan/profile views for median construction work with typical cross-sections. The plan set will also contain: location maps, general and construction notes, survey controls, quantity tables, and details sufficient to support successful bid and construction of the improvements. Task 6 Deliverables  Field notes Photographs Task 7 Deliverables  Concept Plans  Meeting attendance three (3) Informational Mailing Task 8 Deliverables  A PDF set and three (3) full size sets of plans at 60, 90, and Final design completion  A MS Word file and three (3) hard copies of complete specifications at 60, 90, and Final design completion  An Excel file and three (3) hard copies of estimated quantities and Engineer’s Estimate of Probable Costs at 60, 90, and Final design completion May 02, 2019 Page 5 Specifications Utilizing the City-provided boilerplate, Willdan will prepare the project’s specifications, complete and ready for bidding purposes using the latest edition the State of California Department of Transportation Standard Plans and Specifications. Willdan’s specifications will support the selected overlay and construction strategies. Willdan will be responsible for compiling project specifications that are complete and ready for bidding purposes and that are signed by a civil engineer registered in the State of California. A full set of specifications will be provided at 60, 90 and Final design levels. Willdan will address traffic control requirements in the contract documents and specifications to construct the improvements. Engineer’s Cost Estimate Willdan Engineering will prepare a detailed engineer’s estimate of probable costs in Microsoft Excel spreadsheet format. The items will be arranged in chronological order of construction and will identify the bid items to be included in the contractors’ bid forms. The estimate will be based upon recent bid prices for similar street construction projects in the vicinity. Backup quantity calculations will be provided showing detailed computations for accuracy of the quantities upon request. The engineer’s construction cost estimate will be based on plan sheet quantities and will be furnished at 90-percent, and final 100-percent design milestones. Task 9 – HSIP Grant Administration Task 9.1 – Request Federal Project Number (FPN) & Field Review This HSIP project is programmed for FFY 17/18 in the amount of $545,111. The City is planning to use the HSIP funds for construction phase only. Task 9.1 Deliverables  Prepare LAPM Exhibits: 7-B Field Review and 7-G Field Review Attendance Roster.  Submit package to Caltrans along with applicable attachments such as typical sections, FTIP Sheet, and approved HSIP project list. Task 9.2 – Environmental Approval Assume Categorical Exemption for CEQA compliance and Categorical Exclusion without technical studies for NEPA compliance. Following public outreach phase, determine whether a Public Hearing is required. Task 9.2 Deliverables  Prepare Notice of Exemption.  Publish the Notice of Opportunity for Public Hearing Proposal according to the LAPM.  If a Public Hearing is required, compile the Record of Public Hearing including LAPM Exhibit 8-A Notice of Public Hearing or if the project is non-controversial, compile the Record of Opportunity for a Public Hearing including LAPM Exhibit 8-B Notice of Opportunity for Public Hearing Proposal.  Prepare LAPM Exhibits: 6-A Preliminary Environmental Study and 6-E Categorical Exemption/Programmatic Categorical Exclusion Determination Form.  Submit package to Caltrans along with applicable attachments such as typical sections, project footprint map, FTIP Sheet, and approved HSIP project list. May 02, 2019 Page 6 Task 9.3 – Right of Way (ROW) Certification Following CEQA and NEPA clearance, and receiving the final PS&E, begin to prepare the Right of Way Certification package. Task 9.3 Deliverables  Prepare LAPM Exhibit 13-A Short Form Right of Way Certification Off State Highway System and the Project Engineer’s Certification of Utilities.  Submit package to Caltrans along with the final signed plans, required backup documentation from utilities and other agencies, a copy of the City Resolution authorizing a City official to execute right of way certifications, and a copy of the approved NEPA and CEQA documents. Task 9.4 - Request for Authorization (RFA) to Proceed with Construction Upon receiving right of way certification, begin preparing RFA to Proceed with Construction package to initiate the obligation of federal funds by Caltrans for the construction of the project. Task 9.4 Deliverables  LAPM Exhibits: 3-D Request for Authorization,  3-E Data Sheets,  12-A Preliminary Estimate of Cost,  15-N Finance Letter,  12-C PS&E Certification,  12-D PS&E Checklist,  15-A Local Agency Construction Contract Administration Checklist,  4-A Local Programs Agreement Checklist.  DBE project goals for construction and construction engineering using LAPM Exhibit 9D DBE Contract Goal Methodology. Task 10 – Advertisement and Bidding Assistance During the bidding process, Willdan will be on call to provide analysis and interpretation of the drawings and specifications. When requested to do so, Willdan will prepare and issue addenda to address concerns of potential bidders. Should a prebid conference be necessary, Willdan will be present to answer questions from prospective bidders. If necessary, Willdan will assist City staff in the receipt of sealed bids, analysis of bids received, receipt of required bonds, and verifying the bidder’s ability to perform the contract for the project within the time constraints set forth in the documents. In addition, Willdan will assist the City with coordinating the advertisement of the project bid and the evaluation criteria regarding the prequalification of bidding contractors, as well as participate in the evaluation of submitted bids and provide recommendations of bids received. Task 11 - Engineering Support During Construction During construction, Willdan will assist the City during the construction services phase, by reviewing and approving material submittals, responding to requests for information (RFI’s), and assisting with contract change orders as necessary. Should there be a design oversight identified in Task 10 Deliverables  Bid Analysis  RFI’s  Attendance pre-bid meeting Addendum Task 11 Deliverables  Attendance pre-bid meeting  Material submittal review RFI’s May 02, 2019 Page 7 the design plans or specifications, we will make the appropriate design correction at no cost to the City. Exclusions: a. Traffic Control Plans will be prepared by the Contractor. b. Landscape and Irrigation plans – medians will not include landscaping and/or irrigation since they are not covered by the HSIP grant. FEE We have presented the fee for each project separately with the understanding that the cost will be split within both projects on certain tasks such as project management, research and development, field review, advertisement and bidding assistance and engineering during construction. Our fee represents that breakdown and we’ve allocated the fair share amount to each project. Our proposed not-to-exceed fee for the above scope for federal HSIP Traffic Safety Improvement project is $85,520.00. A breakdown of our fee is attached to this proposal. Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by e-mail. Thank you for giving us the opportunity to be of service to the City of Azusa. If you have any questions, please contact Mr. Tyrone Peter at (657) 223-8557 or via email at tpeter@willdan.com or Ms. Vanessa Muñoz at (562) 368-4848 or via e-mail vmunoz@willdan.com. Respectfully submitted, Approval and Authorization to Proceed By: WILLDAN ENGINEERING CITY OF AZUSA Vanessa Muñoz PE, TE, PTOE __________________________________ Director of Engineering Signature __________________________________ Date Enclosure 91005/06-160/P19-105_17042