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Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
12. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
13. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
14. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
15. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Vance Corporation as Principal, dated the 25th day of September, 2024 (the Contract), titled the City of Hemet Street Rehabilitation Project - CIP 5765 in the amount of $2,158,148.32, which Contract is by this reference made a part hereof, for the work of the following Contract:
Street Rehabilitation Project - CIP 5765
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($2,158,148.32), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated September 25th, 2024 is in the amount of $2,158,148.32 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Vance Corporation (Contractor), (Surety), CITY OF HEMET (Owner), or other party shall
be considered plural where applicable.
CONTRACTOR: SURETY:
Vance Corporation
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Street Rehabilitation Project - CIP 5765, dated September 25th, 2024, in the amount of $2,158,148.32.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
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BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph
4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
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17.E
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 24 2024
Department: Public Works
Submitted by: Noah Rau, Acting City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Three (3) Top Ranked Firms for On-Call, As Needed Professional Traffic Engineering Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
A Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Three (3) Top Ranked Firms for On-Call, As Needed Professional Traffic Engineering Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney.
BACKGROUND:
The Public Works Engineering Division is responsible for overseeing the capital improvement program, development engineering program, and public works inspections program for the City. The Division also assists in supporting an array of projects in other City Departments related to improvements to City facilities and ARPA-funded projects.
Engineering services in several specialty areas are required for the broad scope of work that the City encounters across all departments. The Engineering Division budgets for anticipated plan check services related to traffic engineering each fiscal year. Capital improvement projects budget for the required engineering services within the project budgets as projected to the best of the City staff’s ability.
The Engineering Division determined that on-call traffic engineering were needed for capital improvement projects, as well as for traffic related plan check services for development submittals.
These services include design of traffic signal projects, plan check services for traffic related plans, and plan check of traffic related studies such as Scoping Agreements and Traffic Impact Studies.
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The award of an agreement for on-call, as-needed traffic engineering services does not commit a dollar amount to any firm and the work may be assigned by the City as deemed necessary and must remain within existing appropriations or as specifically appropriated by the Council.
ANALYSIS:
A request for proposal (RFP) for on-call traffic engineering services was issued on June 19, 2024, and 389 potential vendors were notified on Planet Bids. On July 17, 2024, the City received ten (10) proposals from the following firms:
1. Advantec Consulting Engineers, Inc.
2. CR Associates
3. General Technologies and Solutions (GTS)
4. Hartzog & Crabill, Inc.
5. Linscott, Law & Greenspan, Engineers (LLG)
6. STC Traffic, Inc.
7. TKE Engineering, Inc.
8. Transtech
9. Albert Webb Associates
10.Wildan Engineering
The proposals provided the firm’s qualifications and interest in providing traffic engineering services for the City.
DISCUSSION:
The RFPs were reviewed by staff based upon experience, similar projects, completeness of the RFP, and cost. The top three firms rated by staff are TKE Engineering, Inc., Albert Webb Associates, and Willdan Engineering. Staff recommends offering the top three firms a professional services agreement for on-call, as-needed services. The proposed agreement term is for 3 years, with the option to extend up to two additional years.
PREVIOUS COUNCIL ACTION:
There is no previous council action.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
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Engineering services are budgeted in each fiscal year’s operating budget and within individual improvement projects. Currently no additional funds are being requested.
ALTERNATIVE(S):
1. Do not approve the Agreements for on-call, as-needed Engineering Services.
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1 - Resolution On-Call Traffic Engineering Award Attachment 2 - Draft Agreements
Attachment 3 - Proposals Received
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING PROFESSIONAL
SERVICES AGREEMENTS TO THE THREE (3) TOP
RANKED FIRMS FOR ON-CALL, AS-NEEDED TRAFFIC
ENGINEERING SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS RELATED
TO THE AGREEMENTS AS APPROVED IN FINAL FORM
BY THE CITY ATTORNEY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The Hemet Public Works Engineering Division is responsible to oversee the capital improvement program, development engineering program, and public works inspections program for the City; and
WHEREAS, Engineering services in several specialty areas are required for the broad scope of work that the City encounters across all of the Departments; and WHEREAS, The Engineering Division budgets for anticipated plan check services related to traffic engineering each fiscal year; and WHEREAS, Capital improvement projects include budget appropriations for the required engineering services to complete the scope of work as projected to best of City staff’s ability; and
WHEREAS, City solicited proposals from firms for on-call, as-needed traffic engineering services; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, City Staff recommends awarding professional services agreements to the top three ranked firms; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS – The above recitals are all true and correct.
SECTION 2. Award on-call, as-needed professional services agreements to the top three ranked firms for on-call, as-needed traffic engineering services.
SECTION 3. Authorize the City Manager to execute all documents related to the on-call, as needed professional services agreements as approved in final form by the City Attorney.
SECTION 4. This resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED this 24th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 24th day of September, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
TKE ENGINEERING, INC.
A CALIFORNIA CORPORATION
AGREEMENT # 2025-026
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00091740.2
Signature Page
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL TRAFFIC SERVICES
BETWEEN THE CITY OF HEMET AND TKE ENGINEERING, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 25th day of September, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and TKE Engineering, Inc., a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by request for proposals the performance of the On-Call Traffic Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.
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00091740.2
Signature Page
(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall never exceed the appropriated budget for these professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To enroll in ACH electronic payments contact
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00091740.2
Signature Page
[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement
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00091740.2
Signature Page
in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.”
SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or
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desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any
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manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES
Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform
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to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
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 certain “public works” and “maintenance” projects. To the extent applicable, 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 of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)- (f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal.
Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of
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City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents
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(“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.
Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.
In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute
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a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City
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may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Consultant: TKE Engineering, Inc.
Attn: Terry Renner
2305 Chicago Ave.
Riverside, CA 92507
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
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SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to
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an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement.
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PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL TRAFFIC SERVICES
BETWEEN THE CITY OF HEMET AND TKE ENGINEERING, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
Consultant shall complete the following services to the satisfaction of the City:
1. Preparing plans, specifications, and estimates for Capital Improvement Program Projects.
2. Plan check services related to scoping agreements, VMT screening, queuing memos, traffic impact analyses, and other related traffic studies.
3. Preparation of traffic signal, stop sign or other warrant analyses.
4. Plan check services related to traffic signal plans or other related traffic plans.
5. Other services related to traffic engineering.
Plan check services will be based upon the following rates:
1. Preparation of plans, specifications and estimates for Capital Improvement Program projects – these will be based upon proposals provided by the consultant as requested by the City.
2. Review of traffic related studies during entitlement are deposit based, in which the following fees are collected. These fees are for the first three plan checks, after which another deposit will be required:
i. Traffic Scoping Agreement - $2,500
ii. Traffic Impact Analysis for Level of Service - $3,000 iii. VMT Analysis for CEQA - $2,500
iv. Other studies - $2,500 deposit
3. Review of Traffic Related plans – City collects $2,580 for the initial sheet and $1,290 for each additional sheet for the first three plan checks, after which each additional plan check is an hourly rate based upon actual hours accrued. Consultant fees would be 80% of what the City collects, which would be $2,064 for the initial sheet and $1,024 for each additional sheet. Any traffic studies required as a part of final engineering is charged $2,580, and therefore the consultants fees would be $2,064 for the first three plan checks, and an hourly rate beyond three.
4. Traffic signal, stop sign or other warrant analyses – these would be based upon proposals provided by the consultant for the services.
5. Other services needed based upon letter proposals, deposits or 80% of fees collected by the City.
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Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall never exceed the appropriated budget for these professional services in any City Fiscal Year.
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Exhibit B – Compensation
Page | 2 Page 24 of 378
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EXHIBIT “C”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages
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set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
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non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers 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, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies
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PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
ALBERT A. WEBB ASSOCIATES
A CALIFORNIA CORPORATION
AGREEMENT # 2025-028
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PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL TRAFFIC SERVICES
BETWEEN THE CITY OF HEMET AND ALBERT A. WEBB ASSOCIATES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 25th day of September, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Albert A. Webb Associates, a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by request for proposals the performance of the On-Call Traffic Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.
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(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall never exceed the appropriated budget for these professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To enroll in ACH electronic payments contact
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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement
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in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.”
SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or
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desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any
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manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES
Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform
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to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
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 certain “public works” and “maintenance” projects. To the extent applicable, 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 of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)- (f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal.
Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of
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City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents
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(“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.
Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.
In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute
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a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City
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may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Consultant: Albert A. Webb Associates
Attn: Dilesh Sheth
3788 McCray St.
Riverside, CA 92506
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
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SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to
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an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement.
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PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL TRAFFIC SERVICES
BETWEEN THE CITY OF HEMET AND ALBERT A. WEBB ASSOCIATES IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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Exhibit A – Scope of Services
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EXHIBIT “A”
SCOPE OF SERVICES
Consultant shall complete the following services to the satisfaction of the City:
1. Preparing plans, specifications, and estimates for Capital Improvement Program Projects.
2. Plan check services related to scoping agreements, VMT screening, queuing memos, traffic impact analyses, and other related traffic studies.
3. Preparation of traffic signal, stop sign or other warrant analyses.
4. Plan check services related to traffic signal plans or other related traffic plans.
5. Other services related to traffic engineering.
Plan check services will be based upon the following rates:
1. Preparation of plans, specifications and estimates for Capital Improvement Program projects – these will be based upon proposals provided by the consultant as requested by the City.
2. Review of traffic related studies during entitlement are deposit based, in which the following fees are collected. These fees are for the first three plan checks, after which another deposit will be required:
i. Traffic Scoping Agreement - $2,500
ii. Traffic Impact Analysis for Level of Service - $3,000 iii. VMT Analysis for CEQA - $2,500
iv. Other studies - $2,500 deposit
3. Review of Traffic Related plans – City collects $2,580 for the initial sheet and $1,290 for each additional sheet for the first three plan checks, after which each additional plan check is an hourly rate based upon actual hours accrued. Consultant fees would be 80% of what the City collects, which would be $2,064 for the initial sheet and $1,024 for each additional sheet. Any traffic studies required as a part of final engineering is charged $2,580, and therefore the consultants fees would be $2,064 for the first three plan checks, and an hourly rate beyond three.
4. Traffic signal, stop sign or other warrant analyses – these would be based upon proposals provided by the consultant for the services.
5. Other services needed based upon letter proposals, deposits or 80% of fees collected by the City.
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Exhibit B – Compensation
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EXHIBIT “B”
COMPENSATION
The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall never exceed the appropriated budget for these professional services in any City Fiscal Year.
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EXHIBIT “C”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages
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set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
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non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers 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, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies
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00091740.2
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
WILLDAN ENGINEERING
A CALIFORNIA CORPORATION
AGREEMENT # 2025-027
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PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL TRAFFIC SERVICES
BETWEEN THE CITY OF HEMET AND WILLDAN ENGINEERING
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 25th day of September, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Willdan Engineering, a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
1. City has sought by request for proposals the performance of the On-Call Traffic Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.
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(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall never exceed the appropriated budget for these professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To enroll in ACH electronic payments contact
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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement
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in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.”
SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or
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desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any
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manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES
Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform
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to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
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 certain “public works” and “maintenance” projects. To the extent applicable, 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 of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)- (f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal.
Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of
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City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.
SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents
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(“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.
Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.
In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute
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a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City
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may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Consultant: Willdan Engineering
Attn: Jeff Lau
27368 Via Industria, Suite 200
Temecula, CA 92590
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
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SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to
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an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement.
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00091740.2
Signature Page
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL TRAFFIC SERVICES
BETWEEN THE CITY OF HEMET AND WILLDAN ENGINEERING
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
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00091740.2
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
Consultant shall complete the following services to the satisfaction of the City:
1. Preparing plans, specifications, and estimates for Capital Improvement Program Projects.
2. Plan check services related to scoping agreements, VMT screening, queuing memos, traffic impact analyses, and other related traffic studies.
3. Preparation of traffic signal, stop sign or other warrant analyses.
4. Plan check services related to traffic signal plans or other related traffic plans.
5. Other services related to traffic engineering.
Plan check services will be based upon the following rates:
1. Preparation of plans, specifications and estimates for Capital Improvement Program projects – these will be based upon proposals provided by the consultant as requested by the City.
2. Review of traffic related studies during entitlement are deposit based, in which the following fees are collected. These fees are for the first three plan checks, after which another deposit will be required:
i. Traffic Scoping Agreement - $2,500
ii. Traffic Impact Analysis for Level of Service - $3,000 iii. VMT Analysis for CEQA - $2,500
iv. Other studies - $2,500 deposit
3. Review of Traffic Related plans – City collects $2,580 for the initial sheet and $1,290 for each additional sheet for the first three plan checks, after which each additional plan check is an hourly rate based upon actual hours accrued. Consultant fees would be 80% of what the City collects, which would be $2,064 for the initial sheet and $1,024 for each additional sheet. Any traffic studies required as a part of final engineering is charged $2,580, and therefore the consultants fees would be $2,064 for the first three plan checks, and an hourly rate beyond three.
4. Traffic signal, stop sign or other warrant analyses – these would be based upon proposals provided by the consultant for the services.
5. Other services needed based upon letter proposals, deposits or 80% of fees collected by the City.
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00091740.2
Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
The total compensation, including reimbursement for actual expenses, shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall never exceed the appropriated budget for these professional services in any City Fiscal Year.
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EXHIBIT “C”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages
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set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
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non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers 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, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies
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Because We Care!
1200 Roosevelt • Irvine • CA 92620 • (949) 861-4999 • www.advantec-usa.com July 17, 2024
Candace Sunds
City of Hemet
445 East Florida Avenue
Hemet, CA 92543
SUBJECT: Request for Proposal for On-Call Services for Traffic Engineering Services Dear Candace,
ADVANTEC Consulting Engineers Inc. (ADVANTEC), a California Corporation, is pleased to submit our proposal for the Request for Proposal for On-Call Services for Traffic Engineering Services for a contract term of three (3) years with the option to extend for two (2) additional one-year periods. ADVANTEC is a professional Certified Disadvantaged Business Enterprise (DBE) and Small Business (SBE) consulting firm providing planning, engineering, and technology services for public transportation and planning agencies. Our name more than implies our focus to implement ADVANCEMENTS in TECHNOLOGY in our professional services, thus providing innovative solutions that meet the needs of our clients and the public they serve. Our senior leadership team has over 400 years combined professional experience providing professional services to public agencies throughout California. Our clients rely on this experience as we continue the company’s founding principle of providing professional services with the best value and quality, on time and within budget performance since we began our business in 1998. We have provided planning, design, and construction support services for various ITS and smart mobility projects/programs, traffic engineering, civil engineering, and public works projects throughout California.
Our proposal has been prepared per the requirements of the RFP and to provide the City of Hemet with On-Call Services for Traffic Engineering Services. In addition, if needed, ADVANTEC has registered Traffic, Civil, and Electrical Engineering staff with expertise to provide the City with the tools necessary to deliver task orders that requires multiple disciplines.
By selecting the ADVANTEC Team, the City of Hemet will realize the following benefits:
The ADVANTEC Team has the Right Experience and Technical Competence. Our experience includes providing similar Traffic Engineering, Transportation Planning, Traffic Signal Timing and Operations, Traffic Signal Communications, and Intelligent Transportation Systems (ITS) planning and design services to various agencies including the cities of Corona, Claremont, La Habra, Menifee, Chino, Chino Hills, Escondido, Oceanside, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, Claremont, Culver City, Norwalk, Irvine, Lancaster, Huntington Beach, La Habra, County of Riverside, County of Los Angeles, Coachella Valley Association of Governments (CVAG), and Caltrans District 8. Our key personnel possess an intimate understanding of both the technical intricacies and the institutional requirements inherent in this project. Each member of the ADVANTEC Team showcased in our proposal has been carefully chosen for their expertise in the specific disciplines vital to this contract's success. Our Method to Accomplish Assigned Task Orders. The ADVANTEC Team has been providing professional OnCall or As-Needed Services for various agencies throughout southern California including cities, counties, Caltrans, and other transportation agencies. The ADVANTEC Team has significant experience working on simultaneous tasks for clients under on-call contracts and on multiple tasks associated with larger projects.
This is the nature of our business, and Mr. Carlos Ortiz (Project Director) and Mr. Armando Solis (Project Manager) have demonstrated his ability to manage and maintain budgets and schedules working on concurrent projects. Our Project Manager, Mr. Solis, PE will be supported by experienced California registered Civil, Traffic, and Electrical Engineers, System Engineering, and other qualified professionals capable of managing day-to-day tasks under this contract.
Your Primary Contact:
Mr. Carlos A. Ortiz, PE, TE,
PTOE, CEO, Project Director
[email protected]
Phone No.: 949-861-4999
Fax No.: 949-502-5522
Mobile No.: 949-636-0646
Firm Legal Name: ADVANTEC
Consulting Engineers, Inc.
Corporate Address: 1200
Roosevelt, Irvine, CA 92620
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Because We Care!
1200 Roosevelt • Irvine • CA 92620 • (949) 861-4999 • www.advantec-usa.com Project Organization and Depth of Experts and Resources. ADVANTEC brings a team of experts and resources with experience in delivering similar initiatives or projects and with a commanding expertise on local, state, and federal, policies, programs, requirements, and initiatives. Our team members include experts that are working on various As-Needed or On-Call contracts providing similar professional services. Although we are submitting this proposal for the On-Call Services for Traffic Engineers Services, we have in-house staff that can assist with projects that have roadway design (PS&E) and drainage design elements. On-Call Traffic Engineering Experience and Expertise. ADVANTEC meets the City’s needs related to all On-Call Traffic Engineering Services outlined in the Request for Proposals (RFP) including preparation of plans, specifications, and estimates (PS&E) for Capital Improvement Projects using city, state, county, state, and federal guidelines and standards for traffic signal design, signing and striping design, street lighting design, traffic control design, and traffic signal interconnect/communications system design. We will also prepare traffic studies and traffic signal, stop sign or other warrant analyses for City projects. Review Traffic Impact Studies/Analysis, Scoping Agreements, Level-of-Service (LOS) Analysis, and Vehicle Miles Traveled (VMT) Analysis, Queuing Memos, and other related Traffic Studies as requested. In addition, we will review Traffic Signal Plans and other related Traffic Plans and will provide any other Traffic Engineering Services when requested by the City.
We also have experience with citywide speed surveys (i.e., engineering and traffic surveys), feasibility analyses, safety analyses, traffic investigations, and corridor studies, traffic calming design, parking studies, schoolrelated operations, ITS and Communications Master Plans, plan review services, signal timing design and implementation, conceptual design plans along corridors/intersections, collision trend analysis and other safety studies. Finally, we have experience assisting agencies with other services such as, analyzing neighborhood traffic calming measures; acting as the City liaison, attend, participate, and facilitate public meetings; respond to requests from other agencies (City, County, State, etc.); advise on conformance to the latest California MUTCD requirements; prepare for Connected/Autonomous Vehicles and SMART Cities; advise on best practices for implementation of ITS technologies; and participate in monthly meetings (as needed).
As Chief Executive Officer (CEO) and Principal, I am fully authorized to make representations on behalf of ADVANTEC and certify that the information contained in this proposal is truthful, accurate, and complete at the time of submission of this proposal. We confirm that all elements of the RFP have been reviewed and understood.
We accept and are willing to enter into a contract under the terms and conditions of the City's Professional Services Agreement. ADVANTEC has no exceptions taken to City's Professional Services Agreement. We acknowledge receipt of Q&A Sets 1-4 (various dates). We do not have any conflicts of interest, and we meet all the insurance requirements for this contract. This proposal will remain valid until the City's selection of proposed firm(s). Should you have any questions, please contact me at [email protected] or 949.861.4999 or 949.636.0646 (mobile). We are very excited about this opportunity to assist the City of Hemet in delivering multiple Task Orders for the during of this contract.
Sincerely,
Carlos A. Ortiz, PE, TE, PTOE
Chief Executive Officer and Project Director
ADVANTEC Consulting Engineers, Inc.
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Table of Contents | i
TABLE OF CONTENTS
SECTION I: QUALIFICATIONS, EXPERIENCE, AND REFERENCES..........................................................................1
1.1 FIRM PROFILE ...........................................................................................................................................1
1.2 FINANCIAL RESPONSIBILITY AND AUTHORITY TO BIND CONTRACTUAL AGREEMENTS ..........................1
1.3 EXPERIENCE..............................................................................................................................................2
1.4 PROJECT SPECIFIC EXPERIENCE ................................................................................................................4
1.5 RELEVANT PROJECTS ................................................................................................................................5
1.6 EXPERIENCE AND APPROACH TO PERFORM SIMILAR ON-CALL TRAFFIC ENGINEERING TASK ORDERS..7
1.7 PROJECT MANAGEMENT WORK PLAN PROCESS AND METHODOLOGY ..................................................8
1.8 REFERENCES .......................................................................................................................................... 10 SECTION II: PERSONNEL................................................................................................................................11
2.1 ADVANTEC’S TEAM ORGANIZATION..................................................................................................... 11
2.2 OUR SUBCONSULTANT.......................................................................................................................... 15
2.3 PROJECT MANAGEMENT TOOLS ........................................................................................................... 15 SECTION III: FEE SCHEDULE...........................................................................................................................19
3.1 FEE SCHEDULE ....................................................................................................................................... 19
APPENDIX A - RESUMES
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Page | 1
SECTION I: QUALIFICATIONS, EXPERIENCE, AND REFERENCES
1.1 FIRM PROFILE
ADVANTEC Consulting Engineers, Inc. (ADVANTEC), a
California Corporation, is a Certified Disadvantaged
Business Enterprise (DBE) and Small Business (SBE)
consulting firm specializing in Traffic Engineering,
Transportation Planning and Civil Engineering, Intelligent Transportation Systems (ITS), Smart Cities, Connected
and Automated Vehicles (CAV) Transportation
Technologies, Traffic Signal Timing, Coordination and
Operations, Active Transportation, Public Works,
Construction Management, and Inspection.
ADVANTEC’s mission is to provide quality planning and
engineering to the community that would result in
perceptible improvements towards the quality of life,
safety, and efficiency of transportation. Founded in
1998, ADVANTEC is a professional consulting firm
specializing in multimodal planning, engineering, and
technology services. Our name stands for our focus to
capture ADVANCEMENTS in TECHNOLOGY for the
benefits of our clients, thus providing innovative and
SMART mobility solutions that meet the needs of our
clients and the public they serve. This year marks the 26th Anniversary of ADVANTEC, and we have earned a
reputation for responsiveness to the clients’ needs. We maintain our reputation by upholding our firm’s high
standards of quality, client service, and professional
integrity. ADVANTEC currently employs 50 staff
members in Southern California, including Professional
Civil, Traffic and Electrical Engineers and support staff.
Our proposal has been prepared per the requirements of the RFP and to provide the City of Hemet with On-Call for Traffic Engineering Services.
1.2 FINANCIAL RESPONSIBILITY AND AUTHORITY TO BIND CONTRACTUAL AGREEMENTS ADVANTEC is in excellent financial condition and has not filed for bankruptcy. We are not involved in any litigation or lawsuit at all. There is no merger or acquisition plan that may affect the future ownership of the company.
ADVANTEC is not debarred, suspended, or otherwise declared ineligible to contract with any other federal, state, or local public agency.
Organization: California Corporation
Federal Tax ID: 95-4687341
Insurance Coverage: General Liability: $2,000,000; Professional Liability: $4,000,000 (E&O) Mr. Leo Lee, PE is our Chairman of the Board and Mr. Carlos Ortiz, PE, TE, PTOE is our Chief Executive Officer (CEO), and both have the authority to bind ADVANTEC in contractual agreements.
AD V ANTEC Firm Prof i le
Legal Name: ADVANTEC Consulting Engineers,
Inc.
Services
Offered:
Transportation Planning and
Engineering, Traffic Engineering,
Intelligent Transportation Systems
(ITS), Smart Mobility Solutions,
Connected and Automated
Vehicles, Smart Cities, Transit,
Public Works/Civil Engineering,
Community Outreach
Year Founded: 1998 (26 Years in Business)
Diamond Bar
Office:
21700 Copley Dr. Suite 300
Diamond Bar, CA, 91765
Phone: 909-860-6222
Other Offices: Irvine; Palm Desert; Los Angeles;
Ontario; Palmdale
Total No. of
Employees: 50
Primary
Contact:
Mr. Carlos Ortiz, PE, TE, PTOE
CEO/Project Director
[email protected]
Mobile No: 949-636-0646
Office No: 949-861-4999
Office Fax: 949.502-5522
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Page | 2
1.3 EXPERIENCE
The ADVANTEC Team has the background, qualifications, and is committed to providing responsive On-Call Engineering Services to the City of Hemet. ADVANTEC has an outstanding reputation in the field of Traffic Engineering, Intelligent Transportation Systems (ITS), Active Transportation, Transportation Planning, and Public Works. ADVANTEC has provided similar Traffic Engineering, Transportation Planning, and Public Works/Civil Engineering On-Call Services to many agencies in California including cities, counties, and Caltrans.
Traffic Engineering and Intelligent Transportation System Design Services ADVANTEC has an outstanding reputation in the field of traffic engineering. Members of the firm have extensive project experience working directly for municipal, county, state, and federal agencies, as well as providing consulting services to private clients. ADVANTEC's specific traffic engineering services include:
Traffic Control Plans
Stage Construction/Traffic
Handling
Traffic Signal Design
Traffic Signal Systems
Traffic Signal Communications
Intelligent Transportation Systems
Traffic Management Centers
Traffic Surveillance Systems
Construction Plans
Signing and Striping
Smart Mobility Technologies
Dynamic Message Signs
Video Surveillance/Detection
Systems
Signal Timing and Coordination
Lighting Systems
Utility Relocation Coordination
Technical Specifications
Agency Permitting
Shop Drawings Review
Bid Support
Preparation of Record Drawings
Contract Administration
Shop Drawings Review
Construction Management
Construction Inspection
Engineering Estimates
Traffic Studies
ADVANTEC emphasizes traffic planning and design techniques to satisfy the requirements of a study site's traffic while minimizing the impact on non-site traffic. This is accomplished by utilizing any or all of the following external study site traffic analyses:
Before and After Travel Demand
Traffic Impact Analysis
Intersection Level Of Service
(LOS) Analysis
Vehicle Miles Traveled (VMT)
Traffic Signal System Evaluation
Circulation Analysis
Parking Analysis
Engineering and Speed Survey
Traffic Signal
Communication Master
Plan
Traffic Signal Warrants
Lane Storage Analysis
Sight Distance Analysis
Traffic Signal Timing, Coordination and Operations
ADVANTEC strives to improve traffic progression and minimize travel delay for the public. When it comes to signal timing, coordination, and operations we review all critical traffic signal, timing parameters, and detector attributes and settings to insure optimal and safe traffic signal operation at all project intersections for both coordinated and free operation. Some of the key traffic signal synchronization elements include:
Signal Timing and Operations
Signal Implementation
Signal Synchronization
Signal Optimization/Fine Tuning
Before and After Studies
Measurements of Effectiveness
Arterial Level of Service
Greenhouse Gas Emissions
Reporting
Minimum Greens
Pedestrian crossing distance
Pedestrian crossing speed
Yellow times
All-red times
Detection parameters
Transportation Planning
ADVANTEC provides complete services for the planning and preliminary engineering design of local roads, streets, arterial highways, and transportation corridors to public agencies and private developers. ADVANTEC's specific transportation planning capabilities include:
Preliminary Intersection Design
Conceptual Plans
Route Alignment Studies
Safe-Route to School Master
Plans
Congestion Management Plans
(CMP)
Circulation Elements
Traffic Impact Studies
Preliminary Cost Estimates
Bicycle/Equestrian/Pedestrian
Trail Systems
Construction Traffic
Management Plan (TMP)
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ADVANTEC has been providing planning, engineering, and construction support to various agencies in southern California for their implementation of Complete Streets and Active Transportation Programs. We bring our local experts to support agencies and communities to facilitate the deployment of their complete streets/active transportation projects. ADVANTEC's specific complete streets and active transportation capabilities include:
Development Standards
Analysis and Reporting
Community Outreach
Evaluation of Funding Programs
Circulation Elements
Conceptual Plans
Development of Final Plans
Construction Management
and Inspection
Development/Evaluation of
Policies
Studies/Reporting
Having designed Safe Routes to School Improvements for a variety of communities, the ADVANTEC team is experienced in evaluating solutions for projects of this nature. ADVANTEC recognizes the need to understand and address the issues and concerns of residents, while delivering a solution within the budget and schedule parameters required by agencies. ADVANTEC has provided the following services on various Safe Routes to School projects throughout California:
Community Outreach
Community Workshop
Meetings
Site Review and Inventory
Vehicle, Bicyclist, Pedestrian and
Parking Data Collection
Traffic, Parking, and Circulation
Analysis
Physical and Operational
Recommendations
Development of Plans
Draft and Final Report
ADVANTEC has extensive expertise in the planning, design, and construction of Class I, II, III, and IV Bikeways, riding and hiking trails, and related recreational facilities (including preparation of standards and specifications).
ADVANTEC’s approach to public participation offers opportunities for meaningful input and involvement ownership throughout the life of the project. These opportunities are strategically organized to develop a consensus-based vision, local ownership, and to foster community awareness.
Transportation, Municipal and Civil Engineering
ADVANTEC’s transportation, municipal and civil engineering team has an outstanding reputation for providing our clients with complete, thorough, and constructible designs. Our senior engineers are on the leading edge of roadway design, and bring recent experience with complete streets, active transportation, ands road diets. Our experience includes work on:
Freeway/Interchange
Design
Project Study Reports, Project
Reports, Fact Sheets and FNM-76
Storm drain and Drainage Design
Grade Separation and Railroad
Grade Crossing
Roadway Safety Audit
Value Engineering
Bicycle and Pedestrian
Facilities
Transit facilities
Intersection Improvements
Complete Streets
Active Transportation
Arterial Highway Design
Pavement Rehabilitation
Site Development
ADA Ramp and Sidewalk
Obstruction Retrofit
Public Works Inspection
ADVANTEC provides electrical inspection to many clients throughout southern California. Our electrical inspectors are certified IMSA Level II and Level III. Our services include:
Traffic Signal Systems
Traffic Signal Turn-On
170/2070/NEMA Controllers
Street Lighting Systems
CCTV Systems
Fiber Optic, Wireless, Copper
Communication Systems
Railroad Crossing Pre-emption
Traffic Management Centers
Traffic Signal System
Integration
Troubleshoot/Repair Traffic
Signal and Communications
Other Professional Services
ADVANTEC has extensive experience providing other professional services to our public and private clients as part of small- and large-scale project delivery, including:
Project Coordination Construction Management
Grant Application Services
Renderings
City Council Presentation
2-D and 3-D Simulations
Plan Check Services
Traffic / Transportation
Studies Review
Utility Notification and
Coordination
Staff Augmentation
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Unique Features / Professional Services
ADVANTEC provides ITS and Smart Mobility Services with unique features or services to our clients to improve mobility, safety, and the environment by integrating smart cities and smart transportation technologies, including:
System Integration Smart Lighting Systems
Smart Weather Technologies
Smart Parking Systems
Artificial Intelligence (AI)
Connected/Automated
Systems
Safety Analytics
Technology Assessment
Cloud Services
Cyber Security
1.4 PROJECT SPECIFIC EXPERIENCE
We have prepared the following matrix outlining similar current projects and recently completed projects and their associated elements of work.
PROVEN EXPERIENCE FOR EVERY
MAJOR MUNICIPAL
TRAFFIC/TRANSPORTATION
PLANNING & ENGINEERING NEEDS
Grant ApplicationsTransportation /Traffic StudiesConceptual / Preliminary DesignStreet ImprovementsSigning and StripingTraffic Signals ImprovementsITS Planning & DesignTraffic Signal Timing & SynchronizationStage Construction / Traffic HandlingConstruction SupportPlan Checking ServicesOn-Call / As-NeededServices City of Corona On-Call Traffic
Engineering Services
Riverside County On-Call Traffic
Engineering Services
Caltrans District 8 On-Call Traffic
Engineering Services
Coachella Valley Association of
Governments Regionwide TSSP
City of Rancho Mirage
On-Call Traffic Engineering Services
City of Palm Desert On-Call Traffic
Engineering Services
City of Ontario On-Call Traffic
Engineering Services
City of Claremont On-Call Traffic
Engineering Services
City of Pomona On-Call Traffic
Engineering Services
City of Diamond Bar
On-Call Traffic Engineering Services
City of Newport Beach
On-Call Traffic Engineering Services
City of Huntington Beach
On-Call Traffic Engineering Services
City of San Clemente On-Call Traffic
Engineering Services
City of Laguna Beach
On-Call Traffic Engineering Services
City of Anaheim
On-Call Traffic Engineering Services
City of Irvine
On-Call Traffic Engineering Services
City of Mission Viejo Public Works/
Public Services Professional
Consultant Services
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PROVEN EXPERIENCE FOR EVERY
MAJOR MUNICIPAL
TRAFFIC/TRANSPORTATION
PLANNING & ENGINEERING NEEDS
Grant ApplicationsTransportation /Traffic StudiesConceptual / Preliminary DesignStreet ImprovementsSigning and StripingTraffic Signals ImprovementsITS Planning & DesignTraffic Signal Timing & SynchronizationStage Construction / Traffic HandlingConstruction SupportPlan Checking ServicesOn-Call / As-NeededServices City of Long Beach
On-Call Traffic Engineering Services
Los Angeles County On-Call Traffic
Engineering Services
1.5 RELEVANT PROJECTS
A brief description of similar As-Needed or On-Call Traffic Engineering Projects provided by ADVANTEC to agencies within the last five (3) years in Southern California are highlighted in the following table.
Project Name / Description Relevance to the
Professional Traffic Engineering Services
On-Call Traffic Engineering Services, County of Riverside:
ADVANTEC was selected by the Riverside County Transportation Department (RCTD) to provide on-call traffic engineering services to augment its in-house resources with our strong traffic engineering expertise and capabilities to support the
department’s project delivery as part of their 5-year
Transportation Improvement Program (TIP). Besides
augmenting staff on-site at RCTD offices for their municipal engineering needs, ADVANTEC’s home office engineering team also provides the necessary design support for their project delivery process. We have completed several task orders, including: Traffic Signal Timing Update of 148 County Signals, Traffic Signals and Intersection Improvements PS&E for three locations within County, Project Management Staff
Augmentation, and Traffic Signal Synchronization for multiple roadway segments.
Reference: County of Riverside
3525 14th Street, Riverside CA 92501
Mr. Dennis Acuna, PE, TE, Transportation Director
Office: 951-955-6820 | [email protected]
Date Range: 2018 to Present
Project Team: Carlos Ortiz, Lawrence Tai, John
Dorado, Armando Solis, Jose Guedes, John Cox,
Keith Rand, Chris Buscarino, Vivian Hang, Maddie
Ortiz, Ryan Miller, Bryan Elenes, Frank Gomez, Kevin
Acuna
Combined Task Orders Consultant Fee: $458,000
On-Call Traffic Engineering Services, City of Corona –
ADVANTEC is currently providing on-call traffic engineering services to the City of Corona. Under our current contract, ADVANTEC is currently working on the following two projects with the City: HAWK Signal System Design Project (under construction) and the Citywide Traffic Signal Optimization Project (in 90% design phase).
Reference: City of Corona
400 S. Vicentia Avenue, Corona CA 92501
Ms. Rosalva Ureno, PE, TE, City Traffic Engineer
Office: 951-817-5708 |
[email protected]
Date Range: 2018 to Present
Project Team: Carlos Ortiz, John Dorado, John Cox,
Chris Buscarino, Vivian Hang, Maddie Ortiz
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Project Name / Description Relevance to the
Professional Traffic Engineering Services
CVAG – Coachella Valley Smart Regional Program, Coachella Valley, CA - CVAG embarked on a major effort to advance the development and implementation of Intelligent Transportation Systems Programs in the Coachella Valley with an emphasis in the development of a smart region and prepare the region for integration of current and upcoming multi-modal transportation technologies, and smart mobility programs. As part of this program, ADVANTEC developed the Regionwide ITS/Smart
Region Master Plan that will be used as a planning tool to prepare local agencies and CVAG for future emerging
transportation technologies and Smart Cities initiatives.
Reference: Coachella Valley Association of
Governments (CVAG)
Eric, Cowle, Transportation Project Manager
(760) 346-1127 | [email protected]
Phase I Date Range: August 2016 to May 2024
Project Team: Carlos Ortiz, John Dorado, Jose
Guedes, John Cox, Nicholas Park, Ryan Miller, Frank
Gomez, Bryan Elenes, Madeleine Ortiz, Jonathan
Delgado, Rob Steaffens
Consultant Fee (Phase I – Completed): $4,217,000
On-Call Traffic Engineering Services, City of Claremont:
ADVANTEC has been provided the City of Claremont with On-Call Traffic Engineering Services since 2015. We have completed several task orders, including Citywide speed survey, Citywide Traffic Volume Study, City Neighborhood Traffic Calming Program and Policy, Parking and Circulation Studies, Speeding Enforcement Analysis, All-Way Stop Warrant Analysis, Traffic Signal Warrant Analysis, Corridor Studies, Intersection Studies, Traffic Signal Design (PS&E), Signing and Striping, ADA Ramp Improvements, Construction Support, Traffic Impact Analysis (TIA) Review, and Signal Timing Updates.
Reference: City of Claremont
207 Harvard Ave N, Claremont, CA 91711
Mr. Vince Ramos, Associate Engineer
(909) 399-5395 | [email protected]
Date Range: 2020 to Present
Project Team: Carlos Ortiz, John Dorado, Armando
Solis, Jose Guedes, John Cox, Chris Buscarino,
Vivian Hang, Maddie Ortiz, Ryan Miller, Bryan
Elenes, Frank Gomez, Nicholas Park.
Combined Task Orders Consultant Fee: $367,000
City of Anaheim On-Call Traffic Engineering, Anaheim, CA - ADVANTEC has been providing on-call traffic engineering assistance to City of Anaheim for the past 18 years. ADVANTEC prepared engineering plans, specifications, and estimates (PS&E) for traffic signal upgrade, CCTV cameras, fiber optic communications interconnect and traffic control plans
construction of SCOOT detectors, advanced detectors, Model 2070N controllers and cabinets upgrade for various major corridors within the City. Detailed design for CCTV cameras include the design of poles and foundations, video control equipment, tail circuits, and interconnect to the
communications hub.
Reference: City of Anaheim
200 S. Anaheim Blvd, Anaheim, CA 92805
Mr. Cesar Morales, Principal Traffic Engineer
(714) 765-5286 | [email protected]
Date Range: 2008 to Present
Project Team: Leo Lee, Keith Rand, Armando Solis,
Jonathan Delgado, Kevin Acuna, Alphonse Oh,
Frank Gomez.
Combined Task Orders Consultant Fee: $750,000
Engineering Staff Augmentation, Anaheim, CA - Under the City of Anaheim’s On-Call, ADVANTEC has provided the city with staff augmentation services that allows the traffic division to function effectively during high volume of plan submittals. ADVANTEC provides plan checking services to review traffic signal plans, traffic studies, signing and striping plans, and traffic control plans.
Reference: City of Anaheim
200 S. Anaheim Blvd, Anaheim, CA 92805
Mr. Rafael Cobian, Traffic Engineer
(714) 765-4991 | [email protected]
Date Range: 2015 to Present
Project Team: Leo Lee, Armando Solis, Jonathan
Delgado, Brandon Chin, Kevin Acuna, Alphonse Oh
Combined Task Orders Consultant Fee: $450,000
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Project Name / Description Relevance to the
Professional Traffic Engineering Services
On-Call Traffic Engineering Services – Los Angeles County, CA - ADVANTEC has been the on-call Traffic Engineering Consultant to Los Angeles County since 2003. In the past 20 years, we have worked on traffic signal design projects at 8 major arterial corridors ranging from 9 to 62 intersections with associated infrastructure improvements, totaling over 300 intersections.
All the plans were designed in conformance with the County of Los Angeles latest design guidelines, using Microstation / AutoCAD formats. Plans were submitted in 3 different stages:
80%, 100% and final design submittal. The 100% and final design plans were also submitted to the involved local agencies for review and approval.
ADVANTEC has performed many traffic signal design along major corridors, including:-
• Garfield/Eastern/Cherry Traffic Signal Improvements (62 Ints)
• Alondra Blvd Traffic Signal Improvements (61 ints)
• Valley Blvd East Traffic Signal Improvements (9 Ints) • Pacific Blvd Traffic Signal Improvements (17 Ints)
• Whittier Blvd Traffic Signal Improvements (2 Ints)
• Painter-Carmenita Traffic Signal Improvements (16 Ints) • Florence Ave Traffic Signal Improvements (32 Ints)
• Avalon Blvd Traffic Signal Improvements (28 Ints)
• Las Tunas Ave Traffic Signal Improvements (32 Ints)
Reference: LA County DPW
900 S. Fremont Ave. Alhambra , CA 91803
Marty Admundson, Supervising Engineer
(626) 300-4774 |[email protected]
Date Range: 2004 to Present
Project Team: Carlos Ortiz, Armando Solis, Keith
Rand, John Dorado, David Madera, Vivian Sy, Kevin
Acuna, Francisco Fernandez.
Combined Task Orders Consultant Fee:
$1,600,000
1.6 EXPERIENCE AND APPROACH TO PERFORM SIMILAR ON-CALL TRAFFIC ENGINEERING TASK ORDERS It is anticipated that under this On-Call contract, ADVANTEC will provide professional services as indicated in the RFP including, but not limited to, the following items listed below. The table below highlights our experience, approach and/or preparation to deliver specific project assignments or Task Orders that is anticipated under this contract.
Requested Scope of
Services ADVANTEC's Experience and Approach to Perform the Work PS&E (CIP Projects)
ADVANTEC will prepare PS&E for CIP projects and for all traffic engineering related projects, such as Traffic Signals, Street Lighting, Signing and Striping, and Traffic Control including assistance with construction support and preparation of as-built drawings. Our Project Manager and some of our Task Leaders have worked on the design on multiple projects throughout Southern California. ADVANTEC understands the latest standards per the City, CAMUTCD and Caltrans and will apply as required to all related projects.
Review of Traffic
Impact Studies, Level
of Service (LOS), and
Vehicle Miles
Traveled (VMT)
Analysis, Scoping
Agreements, Queuing
ADVANTEC will review Traffic Impact Studies/Analysis, Level of Service, Vehicle Miles Traveled Analysis, Scoping Agreements, Queuing Memos, and other related Traffic Studies. ADVANTEC will utilize the City, County, and State requirements including ITE trip generation and other best practices while conducting our review. Typically, these studies will analyze various scenarios, such as existing conditions, no project, with project, project with cumulative trips, opening year, future year, build-out year, and
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Memos, and other
related Traffic Studies
horizon year. In addition, mitigation measures and recommended improvements are provided.
Preparation and
Review of Various
Traffic Engineering
Studies
ADVANTEC will prepare and review, if necessary, traffic engineering studies, which summarizes: the existing and proposed conditions, references requirements and assumptions, intersection, roadway, and circulation analysis, and recommendations.
ADVANTEC will also review the supporting technical data and graphical illustrations that is included in the reports. ADVANTEC has the experience to assist the City in preparing and reviewing different types of traffic engineering analysis and reports; including accident analysis, delay analysis, lane storage capacity, roadway and intersection level-of-service, vehicle and pedestrian circulation analysis, parking studies, truck studies, traffic studies, before and after travel demand, engineering and speed survey, sight distance analysis, line-of sight analysis, queuing analysis, Traffic Signal Warrant, All-Way Stop Warrant, Left-Turn Phasing Studies, conceptual design, and active transportation improvements.
Plan Check Services
and other services
related to Traffic
Engineering
ADVANTEC will review traffic signal plans and other related traffic plans and will provide other related traffic engineering services when requested by City. ADVANTEC has the experience to assist the City in reviewing different types of traffic engineering plans; including traffic signals, signing and striping, street lighting, traffic control, intelligent transportation systems, traffic signal synchronization, traffic signal timing, and communications.
In addition to the requested scope of services, ADVANTEC brings a structured team with various areas of expertise that could assist the City of Hemet from other traffic engineering related services to civil engineering.
1.7 PROJECT MANAGEMENT WORK PLAN PROCESS AND METHODOLOGY ADVANTEC’s proposed project team is committed to providing responsive Traffic/Transportation Engineering Services to the City of Hemet. Our Project Manager, Mr. Armando Solis PE, and key task leaders are intended to serve in their respective roles throughout the duration of the agreement. ADVANTEC has significant experience working on simultaneous tasks for clients under as-needed contracts and on multiple tasks associated with larger projects. This is the nature of our business, and Mr. Solis has demonstrated his ability to manage and maintain budgets and schedules working on concurrent projects. Mr. Solis will be the primary point of contact for the City.
He will be supported by experienced California registered Civil and Traffic Engineers and other qualified professionals capable of managing day-to-day tasks under this contract.
Typical Project Methodology
ADVANTEC’s approach providing professional consultant services is based on years of project experience completing On-Call Traffic Engineering Services for public agencies across California. Through this experience we have developed a logical, efficient approach that blends basic principles of traffic, transportation and civil engineering with our fresh, creative thought process. Our methodology approach will provide us with cost control measurements, development of quality products, and ability to meet the task order or project schedule. In addition, our methodology approach provides the entire team with our communication, cooperation, commitment, responsiveness, and requirement process on each project or task order. The graphic below illustrates our process once a task order is requested. One key element to our success is communication with the City’s Project Manager from task order beginning to end to make sure that the City stays current on design issues.
We understand the importance of responding quickly so that accurate decisions can be made. Recognizing that each project will develop its own challenges and unique tasks based on location, and that the breadth of study area and design issues will vary from project to project, we generally follow a similar approach when initiating a project task:
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1) Understand the City‘s Goals: In order
to be successful on any project, it is
vital that the Project Manager and Task
Leaders understand the final product.
We will meet with City of Hemet staff
to learn what the important issues are
on each task order. We will understand
the budget, schedule, and scope of
work before planning the project so
that we can begin to formulate a
detailed scope of work and identify
critical path issues.
2) Prepare a Detailed Work Plan: We will
define all project tasks, their
relationship with one another, and
their associated time frame for completion. We will develop a list of needs so that we can identify specialized expertise that may be required to maintain schedule and complete tasks. Budgets will be established for each task to ensure that the project team stays on track. We will provide City staff with a detailed Project Schedule.
In addition, we will provide the City of Hemet with our Project Management Plan, Quality Control/ Quality Assurance Plan, and Resource Plan.
Project Execution
Following notice to proceed, we will coordinate resources, oversee the completion of technical tasks, and keep the project team and stakeholders informed of the project’s status and any new findings. Our Project Manager will continuously monitor the project’s progress, budget and schedule to identify areas requiring attention. Virtual meetings will be held with the City’s project manager and key stakeholders regularly to identify issues early and keep everyone informed of the project’s status. ADVANTEC uses various project management tools that will give all team members and City staff access to archived deliverables, milestone schedules, to-do lists, and a history of project communications — further fostering a collaborative working environment.
Final Project Delivery and Closeout
As each project or task order comes to a close, Mr. Solis will confirm that all final deliverables have been provided.
These include all digital files and hard copies in the City’s preferred format. Final invoices will be processed quickly to facilitate contract administration.
Experience Working with Concurrent Task Assignments
ADVANTEC takes great pride in our long-standing history of providing both as needed and extension of staff services for public sector clients. In southern California, we have provided these services for the Cities of Corona, Newport Beach, Huntington Beach, San Clemente, Mission Viejo, Irvine, La Habra, Upland, Anaheim, Claremont, Pomona, Chino Hills, County of Los Angeles, County of Riverside, OCTA, and Caltrans District 8, as well as several other public agencies throughout California. Our staff is accustomed to meeting demanding project schedules by pooling our resources from skilled staff throughout the region, when necessary, to ensure our clients are provided the highest quality of service and on-time performance. We balance our workload, availability, and deliverables on a weekly basis. Our key personnel and support staff have similar management, planning and design experience; therefore, we are able to work on concurrent tasks, and have the flexibility to bring other staff together to meet project deliverables.
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1.8 REFERENCES
ADVANTEC staff have a long history of providing agencies with On-Call Transportation/Traffic Engineering Services, Traffic Signal Operations, Signal Synchronization and Signal Design Services. Below are the three references requested by the RFP:
Reference for ADVANTEC Related Projects and Services
County of Riverside |Dennis Acuna, PE, TE,
Director of Transportation
(951) 955-6820 | [email protected]
Date Range: 2018 – Present
On-Call Transportation Engineering Services
Intersection/Roadway Improvements | Signal Design | Signal Timing Upgrades | Traffic Signal Synchronization Plans
ITS Master Plan | Grant Application support | Staff
Augmentation
City of Anaheim
Rafael Cobian, PE, Principal Traffic Engineer
(714) 765-4991 | [email protected]
Date Range: 2008 – Present
On-Call Traffic Engineering Services
Municipal Engineering | Staff Augmentation
Staff - On-Call Plan Checking Services
Various Traffic Signal Design | Signing and Striping
City of Claremont
Vince Ramos, Associate Engineer
(909) 399-5395| [email protected]
Date Range: 2016 – Present
On-Call Traffic Engineering Services
Corridor/Intersection Studies | Intersection PS&E
Traffic Signal and All-Way Stop Warrant Studies
Traffic Impact Studies Review |Parking and Circulation Study
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SECTION II: PERSONNEL
2.1 ADVANTEC’S TEAM ORGANIZATION
Mobilizing appropriate staff quickly is essential to smooth the performance of this important contract for the City of Hemet. This requires a management approach that emphasizes streamlined communication and quality control. As a partner to the City, the ADVANTEC Team will commit to the delivery of each task order within time and budget. We recognize City’s staff has high expectations for capability and performance.
PROJECT MANAGER: ADVANTEC recognizes that the successful delivery of high-quality traffic engineering/ transportation planning projects starts with assigning a Project Manager that possesses superior technical, management and leadership skills. Mr. Armando Solis, PE, will serve as our Project Manager, leading our team and functioning as primary point of contact to the City of Hemet. He will be supported by experienced Californiaregistered Civil, Electrical, and Traffic Engineers, and other qualified professionals capable of managing day-to-day tasks under this contract.
KEY PERSONNEL: Selection of qualified team members to work with the Project Manager is a necessity in implementing and sustaining a proven project approach. ADVANTEC's proposed key personnel and support staff as shown in our Organization Chart are available to fulfill their time commitments in accordance with the project schedule. Mr. Solisleads a team of professionals who have worked on numerous On-Call Civil/Public Works/Traffic Engineering On-Call Contracts throughout Southern California with key Team Leaders. Mr. Carlos Ortiz, Mr.
Armando Solis, Mr. John Dorado, Mr. David Madera have managed various similar Task Orders under various Traffic Engineering On-Call contracts.
Our Project Manager, Mr. Armando Solis, PE, has managed many traffic and transportation planning/engineering projects throughout southern California. He brings over 25 years of traffic and transportation planning/engineering, ITS planning/engineering, and project management experience on local agency streets and arterials, Caltrans projects and public transportation funding measures throughout Southern California.
Our Project Director, Mr. Carlos Ortiz, PE, TE, PTOE has managed multiple Traffic Engineering Projectsthroughout Southern California for over 30 years. Mr. Ortiz is the current Project Manager for the Coachella Valley Association of Governments (CVAG) CV Sync/Smart Region Program.
Mr. Armando Solis, PE, Mr. David Madera, PE, TE, and Mr. John Dorado, PE, will serve as Key Task Leaders for any specific Task Order that will be part of the On-Call Traffic Engineering Services contract. The ADVANTEC Team brings 20 to 30-plus years of Traffic Engineering, ITS, Civil Engineering, Electrical Engineering, Environmental Planning/Regulatory Compliance, GIS & CAD Drafting, Grant Writing and Management, Temporary Traffic Control Services, and Project Management experience on similar On-Call Contracts. ADVANTEC’s project staff meets all the technical engineering and planning needs under this contract. The ADVANTEC Team brings a group of highly specialized personnel with a defined work history providing similar Professional/On-Call Services.
ADVANTEC has been committed to our clients’ success for many years, and our expert team will provide the appropriate project management and technical expertise as required for this On-Call contract. ADVANTEC’s proposed project team is committed to providing responsive services to the City of Palm Springs. In order to facilitate task order project delivery, we are assigning Key Support Staff that will work “directly” with each of our Task Leaders.
Figure 2.1 illustrates the proposed organizational structure of our project team. ADVANTEC’s project staff meets all the technical engineering and planning needs of the City of Hemet. Our proposed key team members are intended to serve in their respective roles throughout the duration of the agreement. All staff members proposed are without long-range commitments that would interfere with the timely completion of potential tasks. Our Key Personnel will be available for the duration of this contract, and they will not be removed or replaced without a prior written concurrence from the City of Hemet. Our team brings together all of the skills and expertise required to ensure satisfactory completion of all elements of the RFQ.
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Capsule resumes of our Task Leaders/Key Personnel are provided in Table 2.1. This table summarizes our Key Team Membersincluding their education, certifications, role and responsibilities, relevant experience, availability, and contact information.
Figure: 2.1 Organizational Chart
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TABLE 2.1: Identification and Responsibilities of Key Personnel
CARLOS ORTIZ, PE, TE, PTOE
PROJECT DIRECTOR
60% AVAILABLE
C: 949.636.0646
[email protected]
TRAFFIC ENGINEERING / TRANSPORTATION
PLANNING/ ENGINEERING EXPERIENCE:
Traffic Signals PS&E
Signal Timing and Synchronization
Public Works | ITS Planning and Design
Advanced Traffic Controllers (ATC)
Adaptive Control Systems
Advanced Traffic Management Systems
Smart Transportation Management System
Communication network/topology
Cyber Security | Connected/Automated Vehicles |
Smart Cities
Cooperative/Partnering Agreements
Community Outreach | Inter-Agency Coordinator
Traffic Studies | Parking Studies
Bus Rapid Transit Programs | Active
Transportation
RELEVANT PROJECT EXPERIENCE
Mr. Carlos Ortiz, PE, TE, PTOE will serve as Project Director and possesses superior technical, management, and leadership skills. Mr. Ortiz has extensive experience managing Traffic Engineering and Intelligent Transportation System (ITS) projects for numerous agencies throughout California. He has worked on many complex projects and has the ability to resolve problems quickly and efficiently by drawing on his 35 years of experience, exclusively in the field of ITS and traffic engineering.
Through his current projects, Mr. Ortiz is assisting agencies to understand the Connected Vehicles and Autonomous Vehicles Markets, so they can make better decisions on current and future ITS deployments. Mr. Ortiz is a past member of the Board of the Institute of Transportation Engineers (ITE) International. Mr. Ortiz serves on the Board at ITS California. On-Call Traffic Engineering Services, Corona
On-Call Traffic Engineering Services, Riverside County On-Call Traffic Engineering Services, Desert Hot Springs On-Call Traffic Engineering Services, Rancho Mirage
On-Call Traffic Engineering Services, San Clemente
On-Call Traffic Engineering Services, Mission Viejo
On-Call Traffic Engineering, La Habra
On-Call Traffic Engineering Services, Anaheim
On-Call Traffic and Transportation Engineering
Services, Claremont
CVAG CV Sync Smart Region Program
Citywide Engineering and Traffic Survey, Glendora
Citywide Engineering and Traffic Survey, Rialto
ARMANDO SOLIS, PE
PROJECT MANAGER
80% AVAILABLE
C: 714.277.8901
[email protected]
RAFFIC ENGINEERING / TRANSPORTATION
PLANNING/ ENGINEERING EXPERIENCE:
Project Management | Traffic Signals PS&E
Signing/Striping
Signal Timing and Synchronization
Public Works | ITS Planning and Design
Street Lighting Design
Traffic Control Design
Inter-agency signal synchronization
Signal timing
Corridor/Network Synchro Model
RELEVANT PROJECT EXPERIENCE
Mr. Solis is a Registered Civil Engineer with over 25 years of professional experience focusing on all aspects of highway and roadway engineering. He has been involved in successful delivery of numerous Traffic PS&E projects to various Caltrans Districts (7, 8, 11, 12) and local agencies across southern California. Mr. Solis possesses hands-on experience in traffic signal design, traffic signal timing implementation, signing and striping design, construction staging design, street lighting design, ITS systems design, traffic signal synchronization systems design, geometric design, roadway layout and profiles, and pavement rehabilitation. He also has numerous experiences overseeing the design of traffic signal improvements and elaboration of cost estimates. Mr. Solis has provided construction support during construction of traffic signal systems, street improvements, intelligent transportation systems, lighting, fiber optic communications system, CCTV, ramp metering, CMS as well as census stations.
Years of Experience: 35
Years with ADVANTEC: 9
Registration:
Civil Engineer, CA, C057535
Traffic Engineer, CA, 2025
Civil Engineer, AZ, 34333
Professional Traffic Operations
Engineer, US, 426
Education:
B.S., Civil Engineering, California
State Polytechnic University,
Pomona
Professional Affiliations:
ITE Past Board Member,
ITS California Board Member
Years of Experience: 25
Years with ADVANTEC: 2.5
Civil Engineer, CA, 72012
Education:
B.S., Civil Engineering, California
State University, Fullerton
Professional Affiliations:
ITE, ITSCA, OCTEC
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On-Call Traffic Engineering Services, LA County
On-Call Traffic Engineering Services, Riverside County On-Call Traffic Engineering Services, Anaheim
HSIP Traffic Signal and ADA Improvements, Carson
On-Call Traffic Engineering Services, Chino
On-Call Traffic Engineering Services, Mission Viejo
JOHN DORADO, PE
PLAN CHECKS RELATED TO TIA’S, VMT
SCREENING, QUEUING MEMOS,
TRAFFIC STUDIES, AND SCOPING
AGRREMENTS
TASK LEADER
80% AVAILABLE
C: 714.904.0067
[email protected]
TRAFFIC ENGINEERING / TRANSPORTATION
PLANNING/ ENGINEERING EXPERIENCE:
Project Management | Traffic Studies
Parking Studies| Bus Rapid Transit Programs
Active Transportation | Traffic Signals PS&E
Signing/Striping
Signal Timing and Synchronization
Public Works | ITS Planning and Design
Advanced Traffic Control (ATC)
Advanced Traffic Management Systems
Smart Transportation Management System |
Communication network/topology
RELEVANT PROJECT EXPERIENCE
Mr. Dorado, PE is a dedicated and technically skilled business professional with over 26 years of experience in the field of Intelligent Transportation Systems (ITS) engineering, planning and design, traffic engineering, and transportation planning. He provides a balanced understanding of projects within the public and private sectors and skillfully meets challenges and creates positive change. He is creative and detail-oriented with a record of success in project management, on-time, and on-budget project delivery, and has a proven ability to foster strong positive client relations. Mr. Dorado’s professional expertise ranges from traffic engineering PS&E to traffic and transportation studies including assisting cities with plan and study review services and addressing citizen requests. Mr. Dorado also has a wide range of knowledge of various traffic control systems (TCS), adaptive control systems, Ethernet communication systems, and ITS elements. He has been involved with upgrading various citywide traffic signal systems, controllers, communication systems, and traffic management centers. HSIP Cycle 8 Improvements, Palm Springs
On-Call Traffic Engineering Services, Corona
On-Call Traffic Engineering Services, Riverside County Citywide Truck Route Study, Rialto
Citywide Traffic Volume Study, Rialto
On-Call Traffic Engineering Services, Newport Beach
On-Call Traffic Engineering Services, Huntington Beach On-Call Traffic Engineering Services, Ontario
On-Call Traffic &Transportation Engineering
Services, Claremont
On-Call Traffic Engineering Services, Anaheim
On-Call Traffic Engineering Services, San Clemente
On-Call Traffic Engineering Services, Mission Viejo
DAVID MADERA, PE, TE
TRAFFIC PLAN CHECK & WARRANT
ANALYSES PREPARATION
TASK LEADER
85% AVAILABLE
C: 714.659.4245
[email protected]
TRAFFIC ENGINEERING / TRANSPORTATION
PLANNING/ ENGINEERING EXPERIENCE:
ITS Planning and Design
Before & After Studies
Traffic Signal Systems
Traffic Signal Communication Systems
Intersection Capacity Analysis
Impact Analysis
Traffic Studies
Stage Construction Design
Signing and Striping
RELEVANT PROJECT EXPERIENCE
Mr. David Madera, a registered Civil and Traffic Engineer, brings over 25 years of diverse experience in traffic and transportation engineering. His expertise spans ITS planning and design, traffic signal and transit engineering, transportation planning, and construction management. He has specific experience in signing, striping, stage construction/traffic control, traffic signal and Years of Experience: 25
Years with ADVANTEC: 8
Civil Engineer, CA, 74405
IMSA Certified Level I and Level
II
Education:
B.S., Civil Engineering, California
State University, Fullerton
Professional Affiliations:
ITE, ITSCA, OCTEC
Years of Experience: 25
Years with ADVANTEC: 1.5
Registration:
Civil Engineer, CA, 71139
Traffic Engineer, CA, 2354
Education:
B.S., Civil Engineering, California
State Polytechnic University,
Pomona
Professional Affiliations:
ITE, ITSCA, OCTEC
Engineers (ITE)
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communication systems, as well as Intelligent Transportation Systems (ITS) and lighting plans for various city, county, and Caltrans highway facilities. Additionally, he has conducted intersection capacity analysis, impact analysis, traffic studies, and transportation management plans, along with conceptual highway and street intersection improvement design. David excels in management and communication, effectively coordinating with project team members and stakeholders Menifee Bundy Canyon/ Scott Road Traffic Analysis and PS&E Design
Riverside County On-Call, Pourroy Road and Mountain/74 PS&E
CAHSR TOAR/ICE/PR
LA Metro 1st and Central Station Improvements
City of Losa Angeles Cesar Ave/Lorena St/ Indiana Street Roundabout design
Upland On-Call- Campus Traffic Signal
Improvements
SANDAG University Ave Bikeway project
City Corona On-Call Rincon Parking Study
City of Pomona On-call: Grand Ave Bike Lane
design
LA Metro On Call: I-10 PAED
LADPW On-Call Traffic, Corridor Traffic signal
improvement Las Tunas and Avalon intersection
Full resumes of our key personnel are contained in Appendix A.
2.2 OUR SUBCONSULTANT
We bring an outstanding professional firm to support us on this project. The table below indicates the professional services that will be provided by our subconsultant and the firm’s contact information and its support personnel.
Counts Unlimited, Inc | PO Box 1178, Corona, CA 92878
| Mr. Abe Campos; Ph: 951-268-6268 |
[email protected] | DIR 1000540799
Services to be Provided: Traffic data collection including Speed Survey, ADT, turning movements, and travel time
data Support
Counts Unlimited, Inc. specializes in traffic data collection and has been serving the Southern California area for the past 26 years. Their primary goal is to provide accurate and comprehensive traffic data collection services at a reasonable cost to the transportation engineering community throughout Southern California.
Counts Unlimited has worked with ADVANTEC’s staff for the last ten years, providing traffic counts and travel time study data.
Support Personnel: Abe Campos, Kris Campos
2.3 PROJECT MANAGEMENT TOOLS
A strong project management and
communication plan is critical to
contract/project success. Providing
access to the right team at the right
time is essential to any on-call
contract. Through experience on
other on-call contracts, we will
provide seamless execution on each
and every project or task order. Our
project management
communication plan establishes the
chain of command for the team
involved in any and all task orders, providing well-defined roles and responsibilities. Our Project Manager, Mr.
Armando Solis, PE, is the single point of contact for all task order initiation and contract discussions. The Entire Team is Highly Experienced in On-Call and Task Order-Driven Contracts. We understand the need to be responsive to the requirements of such contracts with fast mobilization, as demonstrated through our ability to complete task orders through previous On-Call Contracts with other agencies.
To ensure a fast response with the right resources on task orders, our project manager will meet regularly with City of Hemet staff to discuss upcoming projects or tasks that may require consulting services through this contract. Upon issuance of a task order, our Project Manager and selected ADVANTEC Team members will meet with the responsible City’s personnel to define the project scope. A detailed work plan will then be developed by the ADVANTEC team, reviewed, negotiated, and approved by the contract and/or project managers. This
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establishes the work parameters and defines the scope of work, schedule, budget, and deliverables for each task order.
As part of the project management plan, we ensure our deliverables are of the highest quality before being submitted to the City. They must initially pass our internal quality review process which consists of a series of separate internal reviews before any project deliverable is provided for review to a Client. Following the City’s review, the comments are addressed, and the process is repeated. ADVANTEC’s internal program to track progress, maintain quality control, and schedule are led and orchestrated by the Project Manager with all project personnel participating directly in the process as independent reviewers.
Internet Based Tools and Project Management Software
ADVANTEC utilizes the Microsoft Suite of software including OneDrive which provides online access for all software that we typically utilize, such as Outlook for email, Word, Excel, PowerPoint, others. We also use Ajera for project management and accounting software to track tasks and budgets.
In addition, ADVANTEC's latest strategy to maintain coordination, task order status, and deliverables is to create and maintain a file-sharing portal to be used for project correspondence, file transfer and repository, and schedule management. This helps all staff internally and provides a singular location where the City can go to find status on all task orders, action items, deliverables, outstanding items, schedule, and next steps. We are currently using Microsoft Teams on similar projects, which has been effective. We will discuss this platform and our options with the City prior to implementation.
Quality Assurance (QA) / Quality Control (QC) Plan
The ADVANTEC Team’s QA / QC Program is a continuous process used not just at project milestones, but also on a daily basis as workflows from desk to desk, discipline to discipline and consultant to client. Our Project Manager and task leaders will oversee their staff on a daily basis. We will identify key contacts for ease of inquiries regarding project status. Mr. Dorado will work with the management and implementation of our QA/QC plan. A sampling of these policies and procedures is identified below.
Policy Approach
Defined roles and responsibilities of key
staff
Specify individual responsibilities for each of the positions in the QA/QC organization structure; QA/QC training for all project staff holds overall team QA/QC kick off meeting to review QA/QC plan and expectations.
Dissemination and retention of
pertinent reference information
Establish process for flow of project documentation to key staff and document control procedures (e.g., scope of work, invoice/progress reporting, meeting minutes/action items, deliverables, etc.).
Expectations of internal/external
Project Team and design interface
meetings
Develop consistent meeting minutes, action item tracking, and issue resolution log format.
Expectations for regular “over the
shoulder” reviews by Discipline/Task
Manager
Define protocols for continuous review process during
plan/document preparation to ensure multiple discipline involvement.
Inter-disciplinary coordination and
shared work elements
Establish weekly or biweekly planning and design meetings. Interdisciplinary exchange of plans prior to milestone submittals for joint review ensuring plan and work consistency.
Milestone checking of calculations,
reports, and plans
Assign qualified, experienced independent review staff. Perform checking, revisions and back checking in a coordinated manner considering standards, project scope, technical accuracy, format, presentation, and previous review comments.
Quality Control Review Checklists Require all design disciplines to implement pertinent checklists in the preparation of project deliverables.
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OUR ABILITY TO MEET PROJECT SCHEDULE AND BUDGETS
Project controls provide the critical information needed to manage a Project or Task Order through to completion on schedule and to ensure that projects or task orders are completed within budget. The following project control measurements are used by our Project Manager and Task Leaders.
Schedule Control - We understand the importance of a project schedule as a critical tool in the management of a project. There are several key elements that maximize the effectiveness of our Microsoft project schedule including:
Information should be easily communicated and understood; Commitment is obtained from each functional leader and the project team; Inter-relationship of tasks is shown, including internal QC/QA and agency review periods; Easy and flexible to update; and
Office wide correlations of staffing and project commitments are considered.
Specific critical path items or key critical decisions that affect project deliverables will be identified on a continual basis to ensure the project schedule is met. We will promptly notify the City of any changes in anticipated project progress. This approach also allows the City to schedule staffing for their reviews in advance and avoid any rescheduling that would delay other projects.
Budget Control - The project scope of work will serve as the basis for the development of work breakdown structure (WBS) and the project schedule. A budget expressed in hours and dollars will be established for each task and subtask in our project cost accounting system (AJERA). Our Project Manager and ADVANTEC’s Task Leaders have real-time access to this cost data from his desktop computer enabling continuous monitoring of project costs. The WBS budget and schedule will be combined into a time phased budget to allow for measuring progress and comparing planned versus actual expenditures. Earned values will be computed for all activities and assessment of budgeted cost of work scheduled, budgeted cost of work performed, actual cost of work performed and estimates to complete will be developed. This data will be reviewed with our key task leaders to allow for continuous monitoring, identify early warnings of budget or schedule issues and develop required corrective actions to mitigate any potential schedule delays. A complete Monthly Progress Report will be prepared aligned with each task order and will describe work completed that period, work to be completed in the subsequent period and identification of significant schedule or cost matters that are of critical nature.
ABILITY TO MANAGE AND DRAW UPON MULTI-DISCIPLINARY STAFF TO ADDRESS REQUESTED SERVICES The ADVANTEC Team's management approach has been proven on past similar On-Call Services to be effective in meeting or exceeding client goals for completing assigned projects on or ahead of schedule and within or below budget. Comprehensive work planning and developing a proactive project team relationship will be critical to the successful management and delivery of this project. Depending on the requested task or service, the ADVANTEC Team has a depth of resources that will meet the City's needs. The assigned staff includes personnel from ADVANTEC and our subconsultants. Figure 2.2 illustrates our project organization and task order request process with the City, our project team, and key personnel. Key elements of ADVANTEC’s management approach include the following:
U N D E R S T A N D I N G C I T Y ’ S OB J E C T I V E S – Prior to initiating our efforts, the ADVANTEC Team will have a thorough understanding of the City of Hemet's objectives in order to successfully meet the project milestones.
Our Project Director, Project Manager, and Task Leaders will work closely with the City of Hemet to identify specific goals, objectives, and critical issues. Based on the requested service, ADVANTEC will coordinate with our staff, key personnel, and subconsultants to determine the required discipline(s) to complete the task(s).
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Page | 18
CO M M I T M E N T T O P R O V I D E RE S O U R C E S – ADVANTEC is committed to providing our Key Staff and Support Staff as indicated in our Organizational Chart. Our Team has the ability and expertise to perform the proposed work within the time limits of the project, considering their current and projected workload and assignments. Our senior management Team
meets weekly to discuss
projects and number of
hours assigned to each of
our staff and to ensure
our deliverables are
submitted on time and in
some cases, if we need to
expedite the deliverables.
The proposed key team
members are intended to
serve in their respective
roles throughout the
duration of the
agreement.
C R I T I C A L P A T H
ME T H O D S C H E D U L I N G
– On a monthly basis, our
Project Manager will
submit an updated fourweek horizon schedule
reflecting planned work.
Our Project Manager will
promptly notify the City’s
Project Manager of any
changes in anticipated
project progress and will
submit an updated
detailed Project Schedule
to the City. Specific critical
path items or key critical
decisions that may affect
the project will be
identified on a continual
basis to ensure the
project schedule is met.
This approach also allows
the City to schedule
staffing for its reviews in
advance and avoid any
rescheduling that would
delay other projects.
Figure: 2.2
Task Order Request Process
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SECTION III: FEE SCHEDULE
3.1 FEE SCHEDULE
Since the RFP is requesting a separate "cost file" for submittal, a summary of ADVANTEC's hour rates and direct costs including our subconsultant fees are provided in the "cost file" that is submitted separately.
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Appendix | A
Appendix A - Resumes
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Carlos A. Ortiz, PE, TE, PTOE
Key Personnel/Project Director
Mr. Ortiz is a globally recognized expert bringing smart mobility and technology solutions to Smart Cities/Region, Connected/Automated Vehicles (CAV), Intelligent Transportation System (ITS), Traffic Engineering, and Transportation Planning and Engineering Projects and Programs for numerous agencies, private developments and institutions. He has worked on many multi-modal and complex projects and has the ability to resolve problems quickly and efficiently by drawing on his many years of experience in our transportation industry. Mr. Ortiz served on ITE International Board of Direction as International Director, representing ITE Western District. Mr. Ortiz is currently serving on the Board at ITS California.
Relevant Experience:
On Call Traffic Engineering Services (Corona, CA) HAWK Signal System Design Project – Project Director. ADVANTEC was responsible for providing traffic engineering and public works services for the preparation of plans, specifications and estimates (PS&E) and providing construction support for the City’s Solar Powered Overhead Pedestrian Beacons/High-Intensity Activated Crosswalk (HAWK) Signal Systems Design Project. The project improvements included the removal of existing in-pavement lighting systems. The existing system was replaced with a new High-Intensity Activated Crosswalk (HAWK) signal system, also known as a Pedestrian Hybrid Beacon Signal, which included but not limited to, yellow retroreflective three-section signal heads that would be mounted on new traffic signal mast arms and traffic signal poles with new foundations. The HAWK signal controllers were installed in NEMA rated pole mounted cabinets including the batteries for the solar panel system. The HAWK systems also included accessible pedestrian signal (APS) systems, pedestrian countdown signal heads, overhead and roadside signage, conduit, conductors, and pull boxes. Additionally, signing and striping improvements were designed in AutoCAD and provided to the City of Corona to include in their roadway design PS&E package. The improvements for this project also included removal of existing and construction of new ADA compliant pedestrian ramps with reconstruction of sidewalk, curb and gutter, AC pavement and other work due to the new pedestrian ramps.
On Call Traffic Engineering Services, Riverside County Transportation Department (Riverside, CA) – Contract Director. ADVANTEC was selected by the Riverside County Transportation Department (RCTD) to provide on-call traffic engineering services to augment its in-house resources with our strong traffic engineering expertise and capabilities to support the department’s project delivery as part of their 5-year Transportation Improvement Program (TIP). Besides augmenting staff on-site at RCTD offices for their municipal engineering needs, ADVANTEC’s home office engineering team also provides the necessary design support for their project delivery process. We have completed several task orders for the County including Traffic Signal Timing Update, Traffic Signal Synchronization, Signal Communication Master Plan, Grant Application support, Project Management Staff Augmentation, Systemic Safety Analysis Report Update, Traffic Signal Controller/Timing Sheets Update, Traffic Signal Improvement Design, and Transparity Advanced Traffic Management System Implementation Assistance.
Caltrans District 8 On-Call Traffic Engineering (Contract No. 08A0602) (Riverside and San Bernardino Counties, CA) - Project Manager. Responsible for various task orders on this traffic engineering on-call services contract with District 8. The work included pavement delineation, roadway and overhead signage and stage construction/traffic handling/detour plans specifications and estimates for various projects.
Coachella Valley Association of Governments (CVAG) Regional Traffic Signal Synchronization Program – Phase I and II (Coachella Valley, Riverside County, CA) - Project Manager. ADVANTEC has provided services for the development and implementation of a Smart Region Program in the Coachella Valley. The master plan will be used as a planning tool to prepare local agencies and CVAG for future emerging transportation technologies including connected vehicles, autonomous vehicles, big data, integrated corridor management (ICM), and Smart Cities initiatives; with an emphasis in the deployment of valley-wide intelligent transportation technologies, signal synchronization, and installation of Traffic Management Centers (TMC). Phase I includes upgrades of 148 traffic signal systems, installation/upgrade of approximately 46-miles of signal communications, and installation of various ITS field Registration:
Civil Engineer, CA, C057535
Traffic Engineer, CA, 2025
Civil Engineer, AZ, 34333
PTOE, US, 426
Years of Experience: 35
Years with Firm: 9
Education:
B.S., 1989, Civil Engineering,
California State Polytechnic
University, Pomona
Professional Affiliations:
ITE International, Past Board
Member
ITS California, Board Member
17.F
elements, including closed-circuit television systems, dynamic/changeable message signs, arterial management systems, detection systems, and dedicated short range communication radios (DSRC) for vehicle-to-infrastructure (V2I) communications. In addition, Phase II includes upgrades of 245 traffic signal systems, installation/upgrade of approximately 95-miles of signal communications, and installation of various ITS field elements, including closed-circuit television systems, dynamic/changeable message signs, arterial management systems, detection systems, and CV2X for connected vehicle-to-everything communications.
CV Sync - TRAFFIC CONTROL PLAN PREPARATION - PHASE II CONSTRUCTION SUPPORT SERVICES: As part of construction support services, ADVANTEC was tasked with creating traffic control plans for the CVAG Phase II construction. ADVANTEC drove along all 21 corridors to ensure that the speed limits that would be used as part of the traffic control were accurate. In addition, the striping and lane geometries along the segments and intersections were noted. After, ADVANTEC created the traffic control plans using temporary traffic control devices like signs, flashing arrow boards, barricades, channelizing devices, and flaggers to close travel lanes, sidewalks, and crosswalks. The traffic control plans were used for construction including installing new conduit, pull boxes, changeable message signs (CMS), hub cabinets, and cable for video detection systems, CCTV cameras, wireless radios, and Connected Vehicle RSUs. The main goal of the traffic control plans is to guide not only motorists but also pedestrians and bicyclists so that they can safely continue traveling in the Coachella Valley.
CV Sync - PLAN CHECK SERVICES: ADVANTEC performed checks of traffic signal and communications plans where new construction is taking place on CVAG Phase I and Phase II corridors. CVAG asked ADVANTEC to perform these reviews to ensure that plans done by other developers and engineering firms for CVAG agencies are adhering to the CV Sync standards that were established by CVAG and the local agencies. ADVANTEC provided plan comments to the agencies, along with technical specifications that the agencies could use for reference. The plan comments would include the General Notes and Construction Notes from the CVAG Phase I and Phase II Projects for the agencies to use. The technical specifications provided were the same ones that were created for the CVAG Phase I and Phase II projects.
On-Call Traffic Engineering Services (Claremont, CA) - Project Director. ADVANTEC is providing professional engineering services for various traffic studies, analyses, design, and development of citywide programs and policies to address issues and concerns from the residents that are traffic related. The City provided ADVANTEC with a list of Resident Requested Traffic Studies/Traffic Calming including the design, speed survey, traffic volume, and traffic calming policy work. ADVANTEC is providing or has provided the following traffic engineering services: Citywide speed survey, Citywide Traffic Volume Study, City Neighborhood Traffic Calming Program and Policy, Speeding Enforcement Analysis, All-Way Stop Warrant Analysis, Traffic Signal Warrant Analysis, Corridor Studies, Intersection Studies, Traffic Signal Design (PS&E), Signing and Striping, ADA Ramp Improvements, Construction Support, Traffic Impact Analysis (TIA) Review, and Signal Timing Updates.
Traffic Signal Communications Master Plan (Escondido, CA) – Project Director. ADVANTEC is responsible for preparing a citywide Traffic Signal Communications Master Plan that includes, but not limited to, an inventory of existing traffic signal and communications infrastructure, recommendations for up-to-date traffic signal and communications technologies, identification and phased implementation of near-term to long-term projects, and a recommended asset management plan. The Traffic Signal Master Plan will be used as a planning tool to prepare the City of Escondido for future emerging multi-modal transportation technologies including a Traffic Management Center (TMC), fiber optic communications secured network, open architecture technologies, connected and automated vehicles (CAV), Big Data, integrated corridor management (ICM), Mobility-as-a-Service (MaaS), Mobility on Demand (MOD), and Smart Cities initiatives. The Traffic Signal Master Plan will be prepared using ITS Standards and it will be based on FHWA’s ITS Architecture and requirements, including Concept-of-Operations and System Engineering Management Plan (SEMP). In addition, The Traffic Signal Master Plan will incorporate the vision of SANDAG’s 2021 Regional Plan to prepare the City of Escondido to enhance connectivity, increase safety and sustainability, and improve the quality of live in the region.
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Armando Solis, PE
Key Personnel/Project Manager and Task Leader for Traffic Engineering PS&E (CIP Projects) & Other Traffic Engineering Services Mr. Armando Solis is a Registered Civil Engineer with over 25 years of professional experience focusing on all aspects of highway and roadway engineering. He has been involved in successful delivery of numerous PS&E projects to various Caltrans Districts across southern California (7, 8, 11, 12). His extensive design experience spans over civil, traffic and especially electrical disciplines. Mr. Solis possesses hands-on experience not just in geometric design, roadway layout and profiles, pavement rehabilitation, pavement delineation, signing and construction staging.
Relevant Experience:
Safety Improvements at Signalized Intersections (Carson, CA) – Project Manager. This project consists of the preparation of plans, specifications, and estimates (PS&E) for traffic signal modifications/upgrades, street improvement, and signing & striping improvements at four intersections. The City of Carson initiated the project by securing a Highway Safety Improvement Program (HSIP) grant to implement the recommendations of a Traffic Safety Evaluation Report.
The project includes installation of advanced dilemma zone detection, protected left-turn phases, pedestrian countdown signal heads, and signal hardware improvements at these intersections. Other improvements, such as highway lighting, signing and striping, and American with Disabilities Act (ADA) compliant access ramps will also be evaluated and provided if necessary. The project also includes preparing submittals to Caltrans Local Assistance to satisfy funding requirements. The project is being completed on a rapid schedule to deliver the needed safety improvements in a timely manner and maintain eligibility for future HSIP funding rounds.
Anaheim: On-Call Traffic Engineering and Traffic Plan Check Services, Anaheim, CA Task Leader. Working closely with the City of Anaheim’s transportation department, ADVANTEC performed plan checks for them that involved reviewing traffic control plans throughout the City submitted from various consultants and utility companies. ADVANTEC would use both the WATCH Manual and the MUTCD to verify that the traffic control plans being submitted would allow for on-street construction that would minimize the impact on vehicles, bicycles, and especially pedestrians. As the City of Anaheim contains multiple locations that generate heavy traffic including the Disneyland Resort, the Anaheim Convention Center, the Honda Center, and the Angel Stadium of Anaheim, any construction on the streets adjacent to these places can heavily congest roadway traffic. ADVANTEC would also review traffic control plans from the City of Anaheim TMC, plans involving these important traffic generators, with quick turnaround times. ADVANTEC would utilize the program e-PlanREVIEW (EPR) to review traffic control plans that were submitted to the City electronically. Finally, ADVANTEC would go to the City of Anaheim office 1-2 times per week to turn in reviewed traffic control plans, discuss the weekly work plan with the Principal Traffic Engineer, Ralph, and discuss any impending deadlines. ADVANTEC would use the program Accela to input the status of plans, as well as show how many hours it took ADVANTEC to review each traffic control plan.
Riverside County Transportation Department (RCTD) - Pourroy Road Widening (PS&E), Riverside County, CA. Task Leader for Traffic Engineering Improvements (Traffic Signal and Signing/Striping PS&E). ADVANTEC served as the prime consultant to RCTD for the Pourroy Road widening project in southeast Riverside County, east of Murrieta. This initiative aimed to add a second northbound lane on the east side of Pourroy Road, facilitating traffic flow, particularly for two nearby schools. The project scope encompassed preliminary engineering from 30% to 100% plans and estimates. The project elements consisted of: Roadway Design, Utilities Mapping, Retaining Wall Design, Grading Design, Drainage Analysis and Memo, Pavement Delineation and Sign Plans, and traffic signal modification plan.
Registration:
California, Civil Engineering
No. 72012
Years of Experience: 25
Years with Firm: 2
Education:
BS, Civil Engineering, California
State University, Fullerton, CA ,
1999
Professional Affiliations:
Institute of Transportation
Engineers (ITE)
Orange County Traffic
Engineering Council (OCTEC)
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Riverside County Transportation Department (RCTD) - Mountain Avenue / Highway 74 Traffic Signal Improvements (PS&E), Riverside County, CA. Task Leader for Traffic Engineering Improvements (Traffic Signal and Signing/Striping PS&E). ADVANTEC prepared plans, specifications, and estimates for a new traffic signal and widening on Highway 74 to accommodate a right turnonly lane onto Mountain Avenue in Riverside County. Roadway design elements included roadway structural pavement sections, curb and gutter, curb ramps, AC dike, drainage improvements, and regrading of two driveways. The new signal elements included signal control equipment, vehicle detection, vehicle indications, countdown pedestrian indications, LED luminaires, LED Internally Illuminated Street Name Signs, and new Type III electrical services. Additionally, the project incorporated additional signs, striping, and pavement markings to enhance safety.
Las Tunas Drive / Live Oak Avenue / Arrow Highway Traffic Signal Synchronization Program (TSSP) Project (LA County) – Project Manager. The intention of this project is to provide a more efficient flow of traffic along multi-jurisdictional corridors by upgrading all signalized intersections to full-traffic actuated operation by replacing obsolete controllers, designing the detector system to provide for full traffic actuation, installing or replacing interconnect with universal time base units, upgrading other signal equipment hardware, including highway safety lights, to acceptable minimum standards, and upgrade elements that do not conform to the Manual on Uniform Traffic Control Devices (MUTCD) and/or CA MUTCD. As part of an on-call traffic engineering services contract for Los Angeles County, Mr. Solis, Project Manager, is responsible for the completion of a field review/inventory package, Traffic Signal (TS) Base Plans, TS Utility Plans, TS Improvement Plans, and engineer’s cost estimate for 31 intersections along the Las Tunas Drive / Live Oak Avenue / Arrow Highway TSSP corridor.
Avalon Boulevard 126th St to Sepulveda Blvd Traffic Signal Synchronization Program (TSSP) Project (LA County) – Project Manager. The intention of this project is to provide a more efficient flow of traffic along multi-jurisdictional corridors by upgrading all signalized intersections to full-traffic actuated operation by replacing obsolete controllers, designing the detector system to provide for full traffic actuation, installing or replacing interconnect with universal time base units, upgrading other signal equipment hardware, including highway safety lights, to acceptable minimum standards, and upgrade elements that do not conform to the Manual on Uniform Traffic Control Devices (MUTCD) and/or CA MUTCD. As part of an on-call traffic engineering services contract for Los Angeles County, Mr. Solis, Project Manager, is responsible for the completion of a field review/inventory package, Traffic Signal (TS) Base Plans, TS Utility Plans, and TS Improvement Plans for 28 intersections along the Avalon Boulevard 126th St to Sepulveda Blvd Traffic Signal Synchronization Program TSSP corridor.
Kraemer Boulevard-Glassell Street-Grand Avenue Regional Traffic Signal Synchronization (RTSS) Project (Orange County, CA) – Project Manager. As part of an on-call traffic engineering services contract for Orange County Transportation Authority (OCTA) Mr. Solis was responsible for the 15-mile Kraemer Boulevard-Glassell Street-Grand Avenue (KGG) Regional Traffic Signal Synchronization (RTSS) project, which involves 61 traffic signals through four agencies including the Cities of Anaheim, Brea, Orange, Placentia and Santa Ana. The project objective is to improve arterial traffic flow, reduce travel times and stops, and increase average speed, along the KGG Corridor through the synchronization of 61 traffic signals. Benefits to be gained by improving traffic flow included reduced fuel consumption and improved air quality. The project also includes the preparation of fiber optic plans at different roadway segments. In addition, the project consist the design and upgrade of existing Traffic Management Centers (TMC) at the cities of Orange and Placentia. The project also consisted in the procurement, installation, testing, and commissioning of new signal controllers, cabinets, closed circuit television (CCTV) cameras, fiber optic conduit and cable, and TMC hardware and software for the Cities of Orange and Placentia.
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John A. Dorado, PE
Key Personnel/Task Leader for Plan Checks related to Scoping Agreements, Traffic Impact Analyses, VMT Screening, Queuing Memos, Traffic Studies, and Scoping Agreements Mr. John Dorado is a Senior Project Manager. Mr. Dorado is a dedicated and technically skilled business professional with over 25 years of experience in the field of Intelligent Transportation Systems (ITS) engineering, planning and design, traffic engineering, and transportation planning. He provides a balanced understanding of projects within the public and private sectors and skillfully meets challenges and creates positive change. Some of his notable projects are as follows:
Relevant Experience:
On Call Traffic Engineering Services, Riverside County Transportation Department (Riverside, CA) – Task Leader. ADVANTEC was selected by the Riverside County Transportation Department (RCTD) to provide on-call traffic engineering services to augment its in-house resources with our strong traffic engineering expertise and capabilities to support the department’s project delivery as part of their 5-year Transportation Improvement Program (TIP). Besides augmenting staff on-site at RCTD offices for their municipal engineering needs, ADVANTEC’s home office engineering team also provides the necessary design support for their project delivery process. We have completed several task orders for the County including Traffic Signal Timing Update, Traffic Signal Synchronization, Signal Communication Master Plan, Grant Application support, Project Management Staff Augmentation, Systemic Safety Analysis Report Update, Traffic Signal Controller/Timing Sheets Update, Traffic Signal Improvement Design, and Transparity Advanced Traffic Management System Implementation Assistance.
On-Call Traffic Engineering Services (Claremont, CA) - Project Manager. As part of the City of Claremont On-Call Traffic Engineering Services, Mr. Dorado is responsible for providing multiple traffic signal and signing and striping plans, technical specifications, and engineer’s estimates for multiple intersection improvements. The projects included improvements of the traffic signal equipment, signal communication upgrades, and replacement of pedestrian ramps. In addition, ADVANTEC has prepared Stop Control Warrants Studies, Traffic Signal Warrants Studies, Trail Crossings, Intersection Analysis, Corridor Safety Analysis, Line-of-Sight Analysis, Railroad Crossing Study, and has provided Traffic Impact Analysis Review for multiple projects in the city. In addition, ADVANTEC has provided signal timing plans for multiple signalized intersections. Some recent services include: Citywide Speed Survey, Citywide Neighborhood Traffic Calming Program and Policy Speeding Enforcement Analysis, Corridor Studies that include evaluating vertical and horizontal roadway curvature, line-of-sight, levelof-service, queuing, signing, striping, bicycle safety, speeding, traffic calming, safety enhancements. Intersection Studies that include evaluating pedestrian crossings, sight distance, queuing and clear zone, speeding, traffic calming, signing, striping, warrants, and operations. Recommendations for each location are provided as conceptual plans based on the results of the analysis. Traffic Signal Design (PS&E) – Prepared plans, specifications, and estimates (PS&E) related to the project improvements for multiple intersections Citywide. Improvements included left turn phasing, controller upgrades, pedestrian heads, vehicle heads, APS push buttons, and Video Detection Systems Signal Timing plans were also prepared for each project. Construction Support – Provided construction support services to the City during construction of a new traffic signal. Services included show drawing review, responses to Request for Information (RFI), answered any questions during construction and coordination with the Construction Manager and Contractor.
On-Call Traffic Engineering Services (Menifee, CA) – Project Manager. Mr. Dorado is responsible for providing on-call traffic engineering services to the City of Menifee. Some of our recent services include: Review of City standards, specifications, existing traffic signal equipment, and the traffic operations center and providing recommendations. ADVANTEC is also verifying existing communication links that are currently offline, and providing recommendations to provide and stabilize communications. In addition, ADVANTEC is reviewing the City's recently implemented traffic signal timing and synchronization, in which the City is not happy with.
As part of our services, we are review the traffic model by others, and providing recommended improvements.
Registration:
California, Civil Engineering
No. 74405
IMSA Certified Traffic Signal
Field Technician Level II,
No. BE_106965
IMSA Certified Traffic Signal
Technician Level I,
No. AA_106965
IMSA Certified Work Zone
Temporary Traffic Control
Technician, No. ZZ_106965
Years of Experience: 25
Years with Firm: 8
Education:
California State University,
Fullerton, CA – 1999, BS Civil
Engineering
Professional Affiliations:
Institute of Transportation
Engineers (ITE)
Orange County Traffic
Engineering Council (OCTEC)
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On-Call Traffic Engineering Services (Huntington Beach, CA) – Project Manager. Mr. Dorado is responsible for providing on-call traffic engineering services to the City of Huntington Beach. As part of our on-call traffic engineering contract, ADVANTEC provided Systems Engineering and design services (PS&E) for various projects in the City of Huntington Beach. The projects included ITS upgrades at these locations: City Hall to the downtown area and City building and facilities; Oak View Community Center and City Well Site; City Hall to Utility Yard; and TS Signal Upgrades along Garfield Avenue . These projects consisted of installing fiber optic cable and conduit, traffic signal controllers, and ethernet switches. ADVANTEC also ensured network improvements were compatible, expandable, and scalable for the City’s traffic management and monitoring systems, and for the City’s Information Technology (IT) network. This included fiber assignments and management, connectivity, and setup of virtual local area networks (VLAN), and internet protocol (IP) addressing. This configuration was established to virtually separate data/video from the traffic and ITS infrastructure, and the data/information/video from City’s buildings and facilities. Strategies were also implemented for cyber security and redundant communications. These projects were strategic to the City's Fiber and Communications Master Plan and expanded their fiber optic infrastructure to the various areas throughout the City. These projects required close coordination with the City’s IT staff and building department during the design, and network development stages. In addition, coordination with Caltrans was required to obtain encroachment permits for the work along Pacific Coast Highway and Beach Boulevard.
On Call Traffic Engineering Services (Corona, CA) HAWK Signal System Design Project – Project Manager. John was responsible for providing traffic engineering and public works services for the preparation of plans, specifications and estimates (PS&E) and providing construction support for the City’s Solar Powered Overhead Pedestrian Beacons/High-Intensity Activated Crosswalk (HAWK) Signal Systems Design Project. The project improvements included the removal of existing in-pavement lighting systems. The existing system was replaced with a new High-Intensity Activated Crosswalk (HAWK) signal system, also known as a Pedestrian Hybrid Beacon Signal, which included but not limited to, yellow retroreflective three-section signal heads that would be mounted on new traffic signal mast arms and traffic signal poles with new foundations. The HAWK signal controllers were installed in NEMA rated pole mounted cabinets including the batteries for the solar panel system. The HAWK systems also included accessible pedestrian signal (APS) systems, pedestrian countdown signal heads, overhead and roadside signage, conduit, conductors, and pull boxes. Additionally, signing and striping improvements were designed in AutoCAD and provided to the City of Corona to include in their roadway design PS&E package.
The improvements for this project also included removal of existing and construction of new ADA compliant pedestrian ramps with reconstruction of sidewalk, curb and gutter, AC pavement and other work due to the new pedestrian ramps.
On-Call Traffic Engineering Services (Corona, CA) Citywide Traffic Signal Optimization Project – Project Manager. John is responsible for providing traffic engineering services for the preparation of plans, specifications, and estimates (PS&E) for the installation of new advanced traffic controllers, hybrid radar/video detection systems, Ethernet switches, system detection improvements, and in-cabinet fiber optic equipment along 12 corridors (123 intersections). The goal of the project is to enhance safety and mobility and reduce environmental impacts of motorists by implementing technologies that will result in more efficient traffic detection and optimize traffic signal operations on the City’s major arterial corridors. This goal is being accomplished with advanced high-definition hybrid camera/radar sensors, high-resolution traffic data acquisition, and advanced traffic algorithms capable of adapting to changes in traffic conditions. This includes expanding the City’s current central traffic control system (Econolite Centracs ATMS), enhancing several ITS sub-systems, and preparing the City for implementing Next-Generation technologies, such as an Adaptive Traffic Control System (ATCS) and Automated Traffic Signal Performance Measures (ATSPMs). All ITS devices and traffic signals will be integrated to the City’s Traffic Management Center (TMC) where all systems can be managed and controlled by the TMC operator(s).
Grand Ave at Sangston Dr Traffic Signal Improvements, Riverside County Transportation Department (RCTD), Lake Elsinore, CA – Project Manager (For Task Order). As part of the on-call services contract, John is responsible for the preparation of plans, specifications, and estimates (PS&E) for the installation of a new traffic signal at Grand Avenue and Sangston Drive in the City of Lake Elsinore. The improvements required the preparation of traffic signal, street improvement, and signing and striping plans. Additionally, the project included field review, utility coordination, construction support, and signal timing sheets. ADVANTEC worked with CL Surveying for the surveying and topographic mapping of the intersection.
Coachella Valley Association of Governments (CVAG) Smart Region Program – Phase II (Coachella Valley, Riverside County, CA) – Deputy Project Manager. ADVANTEC has been awarded a second contract by CVAG to expand the development and implementation of Smart Region Program in the Coachella Valley. Phase II of the program consists of PS&E 22 corridors, modification/expansion of ten (10) Traffic Management Centers (TMC), two (2) back-up TMC's, and the Regional TMC. In addition, Phase II includes upgrades of 245 traffic signal systems, installation/upgrade of approximately 95-miles of signal communications, and installation of various ITS field elements, including closed-circuit television systems, dynamic/changeable message signs, arterial management systems, detection systems, and C-V2X for vehicle-toinfrastructure (V2I) communications. Phase II also includes the planning, design and implementation of Broadband Communications along 22 corridors in the Coachella Valley. This phase is currently under construction.
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David Madera, PE, TE
Key Personnel/Task Leader for Traffic Plan Check Services & Warrant Analyses Preparation
Mr. David Madera is a registered Civil and Traffic Engineer with over 24 years of technical and professional experience in traffic and transportation engineering, ITS planning and design, traffic signal and transit engineering design,
transportation planning, and construction management.
Specific traffic and electrical engineering experience include signing, striping, stage construction/traffic control, traffic signal, communication systems, Intelligent Transportation Systems (ITS), lighting plans, specifications, and estimates for city, county, and Caltrans highway facilities. Additional experience includes intersection capacity analysis, impact analysis, traffic studies, transportation management plans, and conceptual highway and street intersection improvement design. David has strong management and communications
skills coordinating with multiple project team members and stakeholders.
Project Experience:
Traffic Engineering and Design
LA Metro I-105 Express Lanes Segments 1, 2 and 3 (Los
Angeles County, CA) – Traffic Lead. Lead traffic engineer developing final PS&E for all three segments of the I-105 freeway to include express lanes from LAX to I-605. Primary responsibilities include preparing and electrical and tolling PS&E packages.
Atkinson Construction SR-14 Stage Construction Support
(Lancaster, CA) – Project Manager. Project Manager
developing post design PS&E stage construction and detour plans providing crossovers and temporary paving to expedite the pavement rehabilitation construction project from
Lancaster to the Kern County line.
ACTA POLB SR-47 Schuyler Heim Bridge Replacement (Long
Beach, CA) – Project Engineer. Provided ACTA PS&E design to replace the lift Schuyler Heim Bridge with a new fixed-span bridge across the Cerritos Channel. Responsible for traffic and electrical design, including stage construction, detours, signing, striping, lighting, traffic signals, navigational lighting, communication system, and various
Registrations:
2006, Professional Traffic
Engineer, CA, TR2354
2007, Professional Civil
Engineer, CA, C71391
Years of Experience: 24
Years with Firm: <1
Education:
BS, Civil Engineering,
California State
Polytechnic University,
Pomona, 1999
Professional Affiliations:
Institute of
Transportation
Engineers (ITE)
Orange County Traffic
Engineering Council
(OCTEC)
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ITS elements, including RMS, WIM, EMS, and CCTV systems for the new bridge. Additional tasks included coordinating with state and local agencies to develop approved railroad preemption plans, revised traffic analysis and traffic management plan (TMP), and updated traffic analysis report.
Bundy Canyon / Scott Road Widening PS&E (Menifee, CA) – Traffic Lead. Provided signing, striping, staging and traffic handling, and traffic signal PS&E for a 6-mile widening of Bundy Canyon/Scott Road from Sunset Ave to the I-215 Interchange. The project will widen the road from two to four lanes with bike lanes, increase sight the distance around s curve section of the street, provide intersection improvements, improve traffic control and increase the overall safety of the roadway.
City of Los Angeles, Cesar Chavez Avenue/Lorena Street/Indiana Street Intersection Improvement Project (Los Angeles, CA) – Senior Project Engineer. Provided PS&E plans to the City of Los Angeles to reconfigure the existing five-legged Cesar E. Chavez Ave intersection at Lorena Street and Indiana Street into a modern roundabout. Prepared PS&E traffic and electrical design plans, including stage construction, detour, signing, striping, lighting, and temporary traffic signals for the proposed intersection improvements.
City of Glendale SR-134 Soundwall Design-Build (Glendale, CA) – Project Engineer. Prepared electrical and traffic plans, including lighting and sign illumination, communications and traffic monitoring station, and sign plans with two new overhead sign structures. Provided coordination with Caltrans D7 functional groups and the Contractor.
Caltrans District 7/MTA/City of South Pasadena, Fair Oaks Avenue/SR-110 Interchange (South Pasadena, CA) – Project Engineer. Responsible for preparing PSR documents for improvements at and adjacent to the interchange, including a new ramp connection, ramp and street widening, and new pedestrian over crossings.
Los Angeles County Department of Public Works, On-Call Engineering (Los Angeles, CA) – Sr Traffic Engineer. Providing technical review and QA/QC for final traffic signal modification plans for the Las Tunas Drive corridor in San Gabriel Valley and Avalon Boulevard corridor in the South Bay.
City of Los Angeles, On-Call Engineering (Los Angeles, CA) – Project Engineer. Provided electrical design services for upgrading controllers, cabinets, loops and left turn phasing, audible pedestrian signals, and emergency vehicle preemption at 105 locations within West Los Angeles Transportation Improvement and Mitigation Specific Plan Project. Specific roles include fieldwork/ preliminary engineering, the development of accurate base plans, and final traffic signal modification plans.
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1200 Roosevelt • Irvine, CA 92620
Tel: (949) 861-4999
21700 Copley Drive, Suite 300 • Diamond Bar, CA 91765
Tel: (909) 860-6222
73710 Fred Waring Dr., Suite 110, Palm Desert, CA 92260 Tel: (760) 404-0630
www.advantec-usa.com
Smart Cities
Connected Vehicles
Traffic Engineering
Traffic Signal Synchronization
Intelligent Transportation System
Transportation Planning/ Design LA
Active Transportation
Civil Engineering
Highway Engineering
Public Works
Transit
Broadband Communications
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CITY OF HEMET
July 17, 2024 • 3:00 PM
ASSOCIATES ASSOCIATES
3900 Fifth Avenue, Suite 310
San Diego, CA 92103
619.795.6086
Mobility
Solutions
for our
Changing
World
ON-CALL SERVICES FOR
TRAFFIC ENGINEERING SERVICES
PROPOSAL
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TABLE OF CONTENTS
1. Cover Letter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. Section I – Experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4. Section II – Personnel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5. Section III – Fee Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CRA P#2024.118
CITY OF HEMET
ON-CALL SERVICES FOR TRAFFIC ENGINEERING SERVICES
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ON-CALL SERVICES FOR TRAFFIC ENGINEERING SERVICES
CRA P#2024.118
1. Cover Letter
Attention: Candace Sunds
City of Hemet
445 East Florida Avenue
Hemet, CA 92543
951-765-2348
[email protected]
July 17, 2024
Dear Members of the Evaluation Panel:
CR Associates (CRA) is thrilled to present our proposal and excited about the opportunity to assist the City of Hemet with a wide range of Traffic Engineering Services. Since our inception, we have established an unparalleled reputation for innovation, responsiveness, and professionalism in the delivery of traffic engineering, mobility planning, and design services.
We understand that the City of Hemet has been experiencing significant growth and development recently. Over the past few years, Hemet has seen a variety of new housing and industrial developments. The City’s planning and development strategies are focused on creating livable neighborhoods and supporting economic development.
Looking ahead, Hemet’s growth projections are positive, driven by ongoing investments in infrastructure and economic development initiatives. The projects proposed in the City’s most recent Capital Improvement Program are reflective of the infrastructure initiatives and implementation of the program which will require significant efforts by the Public Works Department with the support of a qualified group of consultants providing on-call traffic engineering services and we are confident that you will find CRA to be exceptionally well-qualified to assist you with the breadth of traffic engineering services this contract requires! CRA has experience in preparing and reviewing Transportation Impact Analysis (TIAs) on both project-and program-levels. When it comes to preparing or reviewing a LOS-based Transportation Analysis, CRA will ensure that the County’s Transportation Analysis Guidelines are followed. Our approach can be summed up as “for the public good” with the goal of ensuring that any approved document is defensible, technically sound, reflects field conditions, and that any proposed physical improvements are implementable and consistent with both the City’ Roadway Circulation Master Plan and the Roadway Classification Cross-Sections.
Effective team. CRA has a dedicated staff of 44 professionals specializing in planning, traffic engineering, and civil design, ready to collaborate with the City throughout this contract to address your traffic engineering needs. Our team was built with a focus on depth and flexibility, ensuring we can provide the expertise required for the diverse services needed for this
contract. Detailed descriptions of key
staff members and their qualifications
are included in the proposal. Our
interdisciplinary team is capable of
handling any transportation project
from “paper to pavement”.
Paper...
...to Pavement
Planning
Traffic
Operations &
Conceptual
Design
Grant
Writing
Final
Design
Construction
Administration
RE: On-Call Services for Traffic Engineering Services
3900 Fifth Avenue, Suite 310 • San Diego, CA 92103 • www.cramobility.com
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p / 2 CITY OF HEMET
ON-CALL SERVICES FOR TRAFFIC ENGINEERING SERVICES
CRA P#2024.118 1. Cover Letter
Experts in developing and applying multimodal assessments and design. Our empirically based assessments enable the City to make informed decisions for creating and maintaining a sustainable transportation network that serves people of all ages and abilities. Over many years, we have implemented these analytical approaches in traffic engineering projects across Southern California, handling both simple and complex designs for traffic signals, signage, and pavement markings. We recognize that the most effective solutions aren’t always the most expensive. Our extensive project portfolio includes cycle tracks, road diets, bike boulevards, and Pedestrian Hybrid Beacons (PHBs).
Proven approach to managing on-calls. Our team of experienced task leads will be assigned to direct each task order based on the nature of the task, its type and size. This allows our contract manager, Phuong Nguyen, to be involved in all assignments while the respective task leads handle the day-to-day management of each task order. This approach puts our resources to work for you proficiently and cost-efficiently, while balancing the demands of rigorous schedules on concurrent task orders.
Responsive and knowledgeable contract manager. Client satisfaction has been a focus in Phuong’s 17-year career as he helped countless clients in developing creative solutions for even some of the toughest challenges.
Phuong has a great understanding of on-call contracts having led and supported numerous projects and task orders in recent years, ranging from the preparation and review of traffic impact studies, parking analyses, evacuation analyses, traffic control warrants, etc. As the contract manager, Phuong prides himself on his responsiveness to client needs and I encourage you to contact our references to learn firsthand about the attention and quality you will receive working with Phuong and our team. In Phuong’s capacity as the On-Call Deputy Contract Manager for the City of San Marcos, he oversees various traffic engineering efforts similar to those described in this RFP including review of traffic studies, preparation of traffic signal, AWSC, and Pedestrian Hybrid Beacon warrants, and development of signal timing inputs, as well as assess and respond to residents’ trafficrelated concerns.
We appreciate the opportunity to present our qualifications and look forward to providing our services to the City of Hemet. CRA also agrees to enter into a contract with the City of Hemet, adhering to the terms and conditions outlined in the Professional Services Agreement. I will be your point of contact for this RFP and can be reached at [email protected] or via my cell phone at 619.318.4664.
Sincerely,
CR ASSOCIATES
Monique Chen, TE
Principal-in-Charge
3900 Fifth Avenue, Suite 310 • San Diego, CA 92103 • www.cramobility.com
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ON-CALL SERVICES FOR TRAFFIC ENGINEERING SERVICES
CRA P#2024.118
2. Exceptions
CRA has reviewed the Request for Proposal (RFP) and confirms that we have no exceptions or objections to the terms and conditions outlined.
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ON-CALL SERVICES FOR TRAFFIC ENGINEERING SERVICES
CRA P#2024.118
3. Section I – Experience
The CR Associates Team
Founded in 2011, CR Associates (CRA)
is a San Diego-based mobility and
transportation consulting firm with
over 44 engineers and planners
serving public and private clients throughout Southern
California. We are the known regional leader in the delivery of multimodal transportation planning, traffic engineering, and final design projects and our inter-disciplinary team can take on any mobility project from “paper to pavement”.
CRA, a certified DBE and SBE, is dedicated to the planning and design of transportation systems. Our focus extends to identifying mobility enhancements that foster the development and sustainability of vibrant communities. We take a fully multimodal approach, building upon the multi-dimensional experiences of our staff, along with our dedication to serving the full range of client needs.
With our in-house transportation planning and modeling, traffic engineering and operations, civil and roadway engineering, and grant writing capabilities, CRA brings projects from the earliest planning phases to feasibility analysis and ultimately to final design. Our expectation is that young children, the elderly, low-income families, and persons with disabilities deserve equal access to roadways and the pursuit of opportunities that necessitate safely traveling across their communities.
Our firm specializes in delivering municipal and governmental capital improvement projects. Our expertise and the ability to exceed our clients’ expectations is reflected in our track record.
We have successfully delivered dozens of projects similar to those anticipated through this contract, many of which came from past and current on-call contracts. CRA currently holds 32 on-call contracts as the prime consultant with 16 of these serving agencies in the southern California region outside of San Diego.
OTHER INFORMATION
Legal Company Name, Address, Telephone Number,
email address and authorized representative(s):
CHEN RYAN ASSOCIATES, INC. DBA CR ASSOCIATES
3900 5th Avenue, Suite 310 • San Diego, CA 92103
619.795.6086
[email protected]
Phuong Nguyen, PE – Vice President
Transportation Impact Studies/
SB 743 Implementation
Traffic Operations and
Simulation
Traffic Engineering Design
Bicycle/Pedestrian Planning
and Design
Traffic Calming
Safe Routes to School/Transit
Parking Assessment and
Demand Management
Grant Writing
Complete Streets
Safety Studies and Programs
Mobility Hubs
Mobility/Circulation Elements
Active Transportation Research
Transit Planning and Operations
Travel Demand Modeling
WE OFFER SPECIALIZED
EXPERTISE IN THE
FOLLOWING AREAS:
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ON-CALL SERVICES FOR TRAFFIC ENGINEERING SERVICES
CRA P#2024.118 3. Section I – Experience
Our on-call services as the prime consultant include
the following agencies:
City of Lake Forest Engineering On-Call
City of Ontario Traffic Engineering On-Call
Coachella Valley Association of Governments
(CVAG) As-Needed Engineering Services
City of Anaheim Transportation On-Call
City of Irvine Transportation Planning and Traffic
Engineering On-Call
City of Long Beach Traffic Engineering On-Call
Los Angeles Department of Transportation
(LADOT) Engineering On-Call
Southern California Association of Governments
(SCAG) Transportation On-Call
Los Angeles County Metropolitan Transportation
Authority (LA Metro) Countywide Planning On-Call
City of West Hollywood On-Call Parking Services
San Gabriel Valley Council of Governments
(SGVCOG) On-Call Planning and Engineering
Services
City of Ventura Traffic Engineering & Parking
Management On-Call
City of Thousand Oaks Engineering On-Call
City of El Centro Engineering On-Call
City of Tucson Engineering On-Call
Maricopa Association of Governments (MAG)
As-Needed Transportation Planning and
Engineering
Our on-call and traffic engineering experiences are
highlighted throughout this section, demonstrating
that we possess the knowledge and expertise
required to assist the City of Hemet.
PROJECTS & ON-CALL CONTRACTS
RIVERSIDE
COUNTY
LAKE
ELSINORE
Arts and Music Line,
Coachella Valley
Association of
Governments (CVAG), La
Quinta, Indio, and
Coachella
ONTARIO
HEMET
LAKE
FOREST
TUCSON
MARICOPA ASSOCIATION OF GOVERNMENTS
I-15 Express Lanes Project
South Extension,
Corona, Lake Elsinore, CA
Murrieta Creek
Multi-Use Trail,
Lake Elsinore, CA
SAN BERNARDINO
COUNTY
Wildomar General Plan
Wildomar, CA
COACHELLA VALLEY
ASSOCIATION OF
GOVERNMENTS
Riverside Transmission Reliability
Project, Riverside, CA
SR-91 EB Corridor Operations
Corona, CA
LADOT
WEST HOLLYWOOD
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
VENTURA
THOUSAND OAKS
ANAHEIM
IRIVNE
LONG BEACH
EL CENTRO