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
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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
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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.
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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]
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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
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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