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________________________________
Jean B. Fares, P.E.,
Senior V.P., Kimley-Horn and Associates, Inc.
213.354.9402 3/27/24
Exhibit A - Page 050 of 56
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
տ a. contract տ a. bid/offer/application տ a. initial
տ b. grant տ b. initial award տ b. material change
տ c. cooperative agreement տ c. post-award
տ d. loan For Material Change Only:
տ e. loan guarantee year ____ quarter _________
տ f. loan insurance date of last report ___________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
տ Prime տ Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ տ actual տ planned տa. retainer
տb. one-time fee
13. Form of Payment (check all that apply): տc. commission տ a. cash տd. contingent fee
տ b. in-kind; specify: nature _____________ տe. deferred Value_____________ տf. other, specify _______________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: տ Yes տNo
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: _________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
NOT APPLICABLE - NO LOBBYING ACTIVITIES TO DISCLOSE
Ana Marie LeNoue
President/CEO$YDQW*DUGH
(714) 401-9362 3/22/2024
Ana Marie
LeNoue
Digitally signed by Ana Marie
LeNoue
Date: 2024.03.22 11:22:42 -07'00'
Exhibit A - Page 051 of 56
&DEULQKD+HDUQ $VVRFLDWHV
Exhibit A - Page 052 of 56
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
May 2020
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). HSIPL-5351(045) Bid Opening Date February 21, 2024 CON The City of Pico Rivera established a Disadvantaged Business Enterprise (DBE) goal of 9% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates
THIS FORM IS NOT REQUIRED AS KIMLEY-HORN WILL MEET
THE CITY’S 9% DBE GOAL AS INDICATED ON FORM 10-O1
Exhibit A - Page 053 of 56
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
May 2020
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.
0.00%
0.00%
0.00%
0.00%
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
Items of
Work
Proposer or Bidder
Normally Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
Of
Contract
THIS FORM IS NOT REQUIRED AS KIMLEY-HORN WILL MEET
THE CITY’S 9% DBE GOAL AS INDICATED ON FORM 10-O1
Exhibit A - Page 054 of 56
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
May 2020
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:
THIS FORM IS NOT REQUIRED AS KIMLEY-HORN WILL MEET
THE CITY’S 9% DBE GOAL AS INDICATED ON FORM 10-O1
Exhibit A - Page 055 of 56
Contact
Jean Fares, P.E.
213.354.9402
[email protected]
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
Exhibit A - Page 056 of 56
Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
EXHIBIT B
APPROVED FEE SCHEDULE
191.24% Overhead%
190.79% Overhead% w/o FCCM Category/Title
10% Fee% Direct Rate $126.42 $107.11 $100.46 $82.36 $60.65 $46.04 $54.68 $41.15 Billing Rate $404.95 $343.09 $321.79 $263.81 $194.27 $147.47 $175.15 $131.81 Task 1 16 16 6 7 45 $ 11,561.09
2 2 2 6 $ 1,462.06 6 6 6 2 20 $ 4,909.84 2 2 2 6 $ 1,462.06 2 2 1 5 $ 1,330.25 4 4 8 $ 2,396.88 Task 2 2 20 20 42 $ 7,520.98
2.1 2 10 10 22 $ 4,103.58 2.2 10 10 20 $ 3,417.40
Task 3 60 60 2 122 $ 20,768.02
3.13.2 60 60 2 122 $ 20,768.02
Task 4 2 4 2 8 $ 1,850.60
4.1 2 4 2 8 $ 1,850.60
Task 5 10 15 3 6 202 442 4 682 $ 116,695.60
5.1 4 5 1 2 90 160 2 264 $ 45,527.78 5.2 2 5 1 2 68 130 208 $ 35,756.22 5.3 2 5 1 2 40 112 162 $ 27,662.20 5.4 2 4 40 2 48 $ 7,749.40 Task 6 6 6 3 6 11 40 2 74 $ 15,335.86
6.1 2 2 1 2 5 20 2 34 $ 6,529.86 6.2 2 2 1 2 4 10 21 $ 4,597.27 6.3 2 2 1 2 2 10 19 $ 4,208.73 Task 7 6 6 1 18 40 40 111 $ 23,228.21
7.1 2 2 6 20 20 50 $ 9,913.74 7.2 2 2 6 10 10 30 $ 6,496.34 7.3 2 2 1 6 10 10 31 $ 6,818.13 Task 8 2 4 2 8 $ 1,850.60
8.1 2 4 2 8 $ 1,850.60
Task 9 2 4 4 2 12 $ 2,440.48
9.1 2 4 4 2 12 $ 2,440.48
Task 10 5 10 12 2 29 $ 8,050.51
10.1 5 10 12 2 29 $ 8,050.51
Task 11 2 5 1 9 25 42 $ 8,282.32
11.1 2 5 1 9 25 42 $ 8,282.32
51 44 8 30 382 631 6 23 1175
$20,652.45 $15,095.96 $2,574.32 $7,914.30 $74,211.14 $93,053.57 $1,050.90 $3,031.63 $ 217,584.27 $ 32,382.77 $ 23,625.10 $ 7,757.67 $ 1,000.00
$ 249,967.04
Right of Way CertificationRight of Way CertificationProject Advertisement ServicesBidding Support Services TOTAL COST:
City of Pico Rivera
Citywide Traffic Signal Safety Enhancements, CIP No. 50111, HSIPL-5351(045) Kimley-Horn and Associates, Inc.
Project
Support
TOTAL HOURS TOTAL COST
Analyst Sr. Project Support
Project Management Kick-Off Meeting Project MeetingAgenda and Minutes Sr. Professional III Sr. Professional II Sr. Professional I Professional II Professional I Schedule UpdatesCommunity Outreach MeetingsUtility Research and NotificationUtility CoordinationExisting Data CollectionPreliminary EngineeringDesign SurveyRecord Research and Field ReviewsEnvironmental StudiesPreliminary Environmental StudyFinal Engineering65% Plans95% Plans100% PlansRequest for Authorization for Construction (E-76 for CON)Cost Estimates65% Opinion of Probable Construction Cost (OPCC)95% Opinion of Probable Construction Cost (OPCC)100% Opinion of Probable Construction Cost (OPCC)Specifications65% Technical Specification95% Technical Specification100% Technical SpecificationSubconsultant: Avant Garde Inc.Prepare Record Drawings (As-Builts)Record Drawing (As-Built)Subconsultant: Cabrina Hearn and AssociatesKH ExpensesConstruction Support ServicesRFI Responses
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.
Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
EXHIBIT D
FEDERAL AND STATE LAPM FORMS
Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
CALTRANS FORM 10-R
REQUIRED FISCAL AND FEDERAL PROVISIONS
ARTICLE I. CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
ARTICLE II. ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of 250,000. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.
G.No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate.
Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Contract Administrator at the following address:
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
I.The total amount payable by CITY including the fixed fee shall not exceed $250,000.
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
ARTICLE. III TERMINATION
This AGREEMENT may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to CITY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE IV. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE V. RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
period and for three (3) years from the date of final payment under the AGREEMENT.
CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE VI. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Finance Director.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Finance Director of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI).
IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE VII. SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.
E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall Professional Services Agreement
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subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G.Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.
Method 1: No retainage will be held by the CITY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code.
This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
ARTICLE VIII. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars Professional Services Agreement
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($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE IX. STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance).
These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY Professional Services Agreement
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projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work.
Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT.
The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT. c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.
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3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Professional Services Agreement
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Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.
G.Hours of Labor
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Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE X. CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.
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C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XI. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XII. NON-DISCRIMINATION CLAUSE AND STATEMENT OF
COMPLIANCE
A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
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C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G.The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
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I.CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XIII. DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XIV. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PARTICIPATION
A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY Professional Services Agreement
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shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.
It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at the website https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts toward the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is 9% Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
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D. Contract Assurance
Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form.
Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
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5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The CITY determines other documented good cause.
CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:
1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above.
Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.
2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.
3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.
The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.
Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.
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The following procedures shall be followed to request authorization to replace a DBE firm:
1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment
2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days.
Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements • Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.
F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
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The CITY shall request CONSULTANT to:
1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted. The CITY will release the withhold upon submission of the completed form.
In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.
G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF.
A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is Professional Services Agreement
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performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.
CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.
Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.
CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.
The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include Professional Services Agreement
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items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.
CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.
If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.
If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis Professional Services Agreement
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of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.
L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies. For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.
Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
M.Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XV. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any Professional Services Agreement
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statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XVI. CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.
ARTICLE XVII. CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business.
For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XVIII. DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has Professional Services Agreement
KIMLEY HORN & ASSOCIATES, INC.
not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XIX. INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XX. SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
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ARTICLE XXI. OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXII. CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION
CONTRACTOR
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A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXIII. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Professional Services Agreement
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AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXIV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXV. EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXVI. PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
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(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. PROMPT PAYMENT CERTIFICATION For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.
ARTICLE XXVII. TITLE VI ASSURANCES (APPENDIX A AND E)
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under Professional Services Agreement
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this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
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Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure Professional Services Agreement
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compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
To: Mayor and City Council
From: City Manager
Meeting Date: July 9, 2024
Subject: MINES AVENUE STORM DRAIN IMPROVEMENTS (CIP
NO. 50114) – AWARD OF CONTRACT
Recommendation:
1. Award a Construction Contract, in a form approved by the City Attorney for an amount not-to-exceed $152,325 to Morrow Trenchless, LLC for the Mines Avenue Storm Drain Improvements Project, CIP No. 50114;
2. Authorize the City Manager or designee to process change orders, as needed, in an amount not-to-exceed $16,000, approximately 10% of the total contract amount, for construction contingency;
3. Amend the fiscal year 2024-25 Adopted Budget by appropriating $230,000 in Measure W Funds (Fund 209) to Account No. 209.70.7300-54500-50114; and
4. Approve the Notice of Exemption for the subject project and authorize the City Clerk to file the Notice of Exemption with the County Recorder, in accordance with the California Environmental Quality Act.
Fiscal Impact:
An appropriation in the amount of $230,000 in Measure W Funds (Fund 209) to Account No. 209.70.7300.54500-50114 is needed to cover the construction, construction contingency, construction management, inspection, and project administration of the Mines Avenue Storm Drain Improvements (Project) to complete construction for the Project. There is no fiscal impact to the General Fund for this Project.
Discussion:
On approximately May 17, 2023, a sink hole developed at the intersection of Paramount Boulevard and Mines Avenue stemming from Southern California’s 2023 rainstorms.
Staff conducted an inspection of the existing city-owned storm drain system and verified that an 18-inch oval corrugated metal pipe (CMP) had collapsed. Public Works staff 9 CITY COUNCIL AGENDA REPORT – MEETING OF JULY 9, 2024
MINES AVENUE STORM DRAIN IMPROVEMENTS (CIP NO. 50114) – AWARD OF
CONTRACT
contacted its emergency on-call contractor to temporarily patch the existing 18-inch CMP and repair the street to eliminate the safety hazard.
There are two (2) 24-inch by 14-inch CMP storm drains that carry water from Mines Avenue and Paramount Boulevard intersection to the adjacent Rio Hondo Spreading Grounds. These storm drains were constructed of the same CMP materials and were installed in the 1950’s prior to the City’s incorporation. It is staff’s observation that over time, the topography, age, material of pipeline, standing waters and flooding have contributed to the corrosion of the CMP bottom and side walls, leaving the pipelines in the intersection susceptible to collapse and in need of rehabilitation.
On December 8, 2023, Public Works contractors cleaned and inspected the storm drain lines via close circuit television (CCTV) to confirm the condition of the pipelines and to determine the appropriate repair to the storm drain. Based on the video inspection, staff recommend repairing the existing CMP storm drain lines by a cured-in-place pipe (CIPP) trenchless rehabilitation method. The process of CIPP involves inserting a felt liner into a pre-existing pipe that is the subject of repair. Resin within the liner is then exposed to a curing element to make it attach to the inner walls of the pipe. Once fully cured, the lining now acts as a new pipeline.
On May 3, 2024, the Notice Inviting Bids (NIB) was advertised in the Los Cerritos Newspaper and was posted on Planet Bids through the City’s website. On May 29, 2024, two (2) bids were received.
The following summarizes the bids received:
Construction Company Bid Amount
Morrow Trenchless, LLC $152,325
Sancon Technologies, Inc. $183,050
Staff completed the analysis of the bids and determined Morrow Trenchless to be the apparent lowest and responsible bidder. Staff have verified Morrow Trenchless references and found their past performance on jobs of similar size and scope to be satisfactory. Morrow Trenchless has performed work for the City of Millbrae, Oceanside and Vacaville. Their bid proposal, bonds, contractor’s license, and insurance documents are in order.
The anticipated project schedule is as follows:
• Award Construction July 2024
• Start Construction August 2024
• Complete Construction October 2024
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 9, 2024
MINES AVENUE STORM DRAIN IMPROVEMENTS (CIP NO. 50114) – AWARD OF
CONTRACT
The total estimated project budget and estimated expenditures are summarized as follows:
Project Budget Amount
Measure W – Fund 209 (FY 2024-2025) Appropriation $230,000 TOTAL PROJECT BUDGET: $230,000
Project Expenditures Amount
Project Administration $26,675
Construction $152,325
Contingency $16,000
Construction Management & Inspection $35,000
TOTAL ESTIMATED PROJECT EXPENDITURES $230,000
Environmental Analysis:
Pursuant to the guidelines from the California Environmental Quality Act (CEQA), the project is categorically exempt under Class 1(c) for the repair of existing facilities.
Conclusion:
Staff recommends awarding a construction contract to Morrow Trenchless, LLC for an amount not-to-exceed $152,325, authorizing the City Manager or his designee to process change orders, as needed, in an amount not-to-exceed $16,000 for construction contingency (approximately 10% of the total contract amount) and amend the fiscal year 2024-25 budget authorizing the appropriation of $230,000 in Measure W funds (Fund 209) to Account No. 209.70.7300-54500-50114. Lastly, staff recommend approving a Notice of Exception in accordance with CEQA.
Steve Carmona
SC:NN:AR:KG:np
Enclosures: 1) Construction Contract
2) Notice of Exempt
AGREEMENT NO. _______
CITY OF PICO RIVERA CONTRACT FOR
MINES AVENUE STORM DRAIN IMPROVEMENTS
CIP NO. 50114
THIS CONTRACT (“Contract”) is made and entered this 9th day of July 2024 (“Effective Date”), by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and Morrow Trenchless LLC, a California corporation (“Contractor”). The Contractor’s California State Contractor’s license number is 1097898.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid Proposal (including documentation accompanying the Bid Proposal and any post-Bid Proposal documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. In the event there is a conflict between the terms of the Contract Documents, the more specific or stringent provision shall govern. City shall decide which option is the more specific or stringent provision. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work in a good and workmanlike manner for the project identified as MINES AVENUE STORM DRAIN IMPROVEMENTS (“Project”), as described in the Contract Documents.
3. Compensation.
3.1 Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, and timely performance of the Work required by the Contract Documents, the City shall pay the Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder’s Bid Schedule submitted with the Bid Proposal. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is One Hundred Fifty Two Thousand Three Hundred Twenty Five Dollars, ($152,325.00) (“Contract Price”). It is understood and agreed that the quantities set forth in the Bidder’s Proposal for which unit prices are fixed are estimates only and that the City will pay and the Contractor will accept, as full payment for these items of work, the unit prices set forth in the Bidder’s Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the Engineer
3.2 Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance Enclosure 1
9a
Construction Contract
MORROW TRENCHLESS, LLC.
with Section 7 of the Standard Specifications, as modified by Section 7 of the General Provisions.
3.3 Substitution of Securities. Pursuant to Public Contracts Code Sec. 22300 Contractor shall be allowed to substitute securities for any moneys withheld by the City to ensure performance under a contract, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the contractor.
4. Contract Time.
4.1 Limited Notice to Proceed. The City shall issue the “Limited Notice to Proceed” for the Contractor to fulfill preconstruction requirements and order materials.
The date specified in the Limited Notice to Proceed does not constitute the date of commencement of the Contract Time. The Contract Time does not include the time necessary to fulfill preconstruction requirements and place the order for materials.
The Limited Notice to Proceed shall further specify that the Contractor must complete the preconstruction requirements and order materials in a timely fashion. This time will allow for submittals to be reviewed and approved, especially for critial long lead items;
Preconstruction requirements include, but are not limited to, the following:
• Submitting and obtaining approval of Traffic Control Plans • Submitting and obtaining approval of the Stormwater Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)
• Submitting and obtaining approval of critical required submittals, especially long lead items
• Installation of the approved Project Identification Signs • Obtaining an approved no fee Encroachment Permit
• Obtaining permits from outside agencies
• Obtaining a Temporary Use Permit for a construction yard • Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents
Construction Contract
MORROW TRENCHLESS, LLC.
• Measuring existing catch basin dimensions for connector pipe material procurement and installation
4.2 Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Limited Notice to Proceed, the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within 15 working days as part of the Contract Time to complete construction of the Project. The City reserves the right as to when to issue the Notice to Proceed with Construciton.
5. Liquidated Damages for Delay and Control of Work.
5.1 Liquidated Damages. The Contractor and the City have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions.
6. Early Completion.
Not applicable.
7. Work After Stop Work Notice. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in the applicable Section of the Special Provisions.
8. Antitrust Claims. In entering into this Contract, the Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties.
9. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply. Public Works projects shall be subject to the prevailing wage requirements of the California Uniform Public Construction Cost Accounting Act which has been adopted by the City.
10. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such Construction Contract
MORROW TRENCHLESS, LLC.
provisions before commencing the performance of the Work of this Contract.”
11. Miscellaneous Statutory Requirements.
11.1. Contractor License. Contractor shall possess a California contractor’s license type for the performance of the Project.
11.2 Ineligible Contractor Prohibited. Any contractor or subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Contract.
11.3 Compliance with SB 854 Registration. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
11.4 Trenches, Excavations and Unknown Conditions. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Contract requires excavations more than four (4) feet in depth, the following shall apply. (a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2-7.1 of the General Provisions. (c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the Construction Contract
MORROW TRENCHLESS, LLC.
resolution of disputes and protests between the contracting parties.
11.5 Trench and Pipeline Safety. If this Contract is for more than $25,000 and involves excavation of any trench five feet or more in depth, the Contractor shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the City.
11.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
11.7 Third Party Claims Notification. The City shall timely notify the Contractor in writing of any third-party claims relating to the contract.
11.8 Unfair Business Practices Claims. The Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).
11.9 Day’s Work. Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
11.10 Hazardous Materials and Unknown Conditions. Contractor shall notify City in writing of the discovery of any of the following conditions, without disturbing the condition, as soon as Contractor, or any of Contractor’s subcontractors, agents or employees have knowledge and reporting is possible:
(1) The presence of any material that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (2) Subsurface or latent physical conditions at the site differing from Construction Contract
MORROW TRENCHLESS, LLC.
those indicated in the specifications; or,
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract.
Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
City shall promptly investigate the reported conditions. If City, through its Director of Community Development and Public Works, or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, then City shall issue a change order.
In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
11.11 Payroll Records. Contractor shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. Contractor and any subcontractor shall (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor shall inform the City of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. The Contractor has ten days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
11.12 Employment of Apprentices. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed Construction Contract
MORROW TRENCHLESS, LLC.
by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
11.13 Urban Runoff. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and nonstormwater discharges to receiving waters as required in Municipal NPDES Permit No.
CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect.
12. Termination.
12.1. Termination for Convenience. The City may terminate this contract, in whole or in part, with 30 days written notice to the Contractor when it is in the City’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. The Contractor may terminate this Contract, in whole, with 90 days written notice to the City.
12.2 Termination for Default. If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the City and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the City within the time specified in such Notice, the City shall have the authority to terminate the Contract for this Project.
12.3 Waiver of Remedies for any Breach. In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.
13. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
Construction Contract
MORROW TRENCHLESS, LLC.
14. Authority. Any person executing this Contract on behalf of the Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.
15. Entire Contract. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Contract between the City and the Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
16. Attorney’s Fees and Costs. If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
17. Independent Contractor - The Contractor is and shall at all times remain as to the City, a wholly independent contractor. Neither the City, nor any of its officers, employees or agents shall have control over the conduct of the Contractor or any of the Contractors’ officers, employees or agents, except as herein set forth. The Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City, nor shall City officers, employees or agents be deemed the officers, employees, or agents of Contractor as a result of this Contract. The Parties further acknowledge the following: (i) that Contractor shall provide the services outlined in the Scope of Services directly to City; (ii) Contractor maintains a business location at the address listed under Section 19 that is separate and distinct from the City; (iii) Contractor contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Contractor advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Contract, Contractor provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Contractor has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours and City staff availability, Contractor may set its own hours and location of work.
18. Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed Construction Contract
MORROW TRENCHLESS, LLC.
as follows:
To City: City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, California 90660
Attention: Noe Negrete
To Contractor: Morrow Trenchless, LLC
1001 Avenida Pico, Suite C-420
San Clemente, California 92673
Attention: Robert Morrow, President
19. Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Contract. Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
20. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. [This space intentionally left blank]
Construction Contract
MORROW TRENCHLESS, LLC.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract the day and year first above written.
CITY OF PICO RIVERA MORROW TRENCHLESS, LLC.
(“CONTRACTOR”)
By: By:
Andrew C. Lara, Mayor Robert Morrow, President
Dated: Dated: _____
ATTEST: APPROVED AS TO FORM:
By: By:
Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Notice of Exemption Appendix E
Revised 2011
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: __________________
___________________________
___________________________
From: (Public Agency): ____________________________
_______________________________________________
_______________________________________________
(Address)
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County: _____________________ Description of Nature, Purpose and Beneficiaries of Project:
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: ____________________________________ Statutory Exemptions. State code number: ______________________________________________ Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? ҏ Yes
No
Signature: ____________________________ Date: ______________ Title: _______________________
Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
Los Angeles
12400 Imperial Highway
Norwalk, CA 90650
Pico Rivera - Major Corridors Median and Parkway Beautification Project No. 50075 Noe Negrete, Director of Public Works
Pico Rivera Los Angeles
City of Pico Rivera
Noe Negrete, Director of Public Works
Class 1 - Section 15301(c)
Noe Negrete, P.E. 562-801-4421
Public Works Director
Print Form
The improvements include in the installation of drought tolerant plants and trees, irrigation systems, decomposed granite, boulders, cobble stone, anti-litter signs, artistic elements, historical markers, trash containers, entrance monuments, iron bus benches, wayfinding signage & median nose repairs.
Project will provide replacement/reconstruction of existing median noses in poor condition and deteriorated hardscape and landscape along medians. The project will restore original use.
Paramount Blvd, Slauson Ave, Washington Blvd and Whittier Blvd 9b
To: Mayor and City Council
From: City Manager
Meeting Date: July 9, 2024
Subject: ON-CALL TRAFFIC ENGINEERING SERVICES – AWARD
OF PROFESSIONAL SERVICES AGREEMENTS
Recommendation:
1. Award a Professional Services Agreement, in a form approved by the City Attorney for a term of five (5) years in the total amount of up to $450,000 to Willdan Engineering to provide on-call traffic engineering services;
2. Award a Professional Services Agreement, in a form approved by the City Attorney for a term of five (5) years in the total amount of up to $450,000 to JMDiaz, Inc. to provide on-call traffic engineering services; and
3. Amend the fiscal year 2024-25 Adopted Budget by appropriating $30,000 from Measure R Fund Balance (Fund 207) to Account No. 207.40.4010-54500.
Fiscal Impact:
The recommended action will have a $90,000 per year impact beginning FY 2024-25.
The Engineering Division will process Purchase Orders (PO) up to $90,000 with the selected firms to provide traffic engineering services. The purchase order amount may be split between the firms but the total contract amount for traffic engineering services may not exceed $90,000 for each FY. The FY 2024-25 Adopted Budget includes $60,000 in appropriations from Measure R Funds (Account No. 207.40.4010-54500) for traffic engineering services. Based on the expenditures for traffic services in FY 2023- 24, an additional $30,000, from the prior year’s fund balance, is needed to cover the full amount of the projected on-call traffic engineering services in FY 2024-25.
The selected qualified firms will be available to provide services on an as-needed basis for traffic engineering services in the delivery of a variety of projects. These firms may be contacted during the term of the agreement to provide a fee proposal for individual projects and in accordance with the procedural requirements of the funding source for each project.
10 CITY COUNCIL AGENDA REPORT – MEETING OF JULY 9, 2024 ON-CALL TRAFFIC ENGINEERING SERVICES – AWARD OF PROFESSIONAL
SERVICES AGREEMENTS
Discussion:
The Public Works Department requires a registered traffic engineer to assist with new and ongoing projects within the Engineering Division. Current staff does not have the required license, qualifications, and experience to handle traffic engineering related requests involving large developments, traffic analysis, traffic impacts and technical recommendations. In order to provide readily available and qualified resources for traffic-related requests, staff recommend the procurement of two (2) qualified on-call consultants to provide traffic engineering services. The selected consultants will assist City staff with traffic data collection, development of traffic calming policies and procedures, review of private development impact analysis and will provide technical input to City staff with signing and striping changes, signal equipment upgrades, collision analysis, speed limits, traffic volume data, and other traffic related projects on an as-needed basis.
A Request for Proposals (RFP) for on-call traffic engineering services was posted on PlanetBids through the City’s website on April 9, 2024. On May 9, 2024, the City received proposals from seven (7) firms in response to the RFP. A panel of three (3) City staff members independently reviewed the proposals submitted by each firm and scored them based on the qualifications criteria prescribed in the RFP, including responsiveness, capabilities, experience, knowledge, expertise of the firm, qualifications, educational background, track record of proposed team members working together on relevant projects/services, and quality of past performance for the City or similar agencies.
A summary of the final ranking of each firm is presented below:
Ranking Consulting Firm
1 Willdan
2 JMDiaz, Inc. (JMD)
3 Kimley Horn & Associates, Inc.
4 TJKM Transportation Consultants
5 General Technologies and Solutions
6 TKE Engineering, Inc.
7 Linscott, Law & Greenspan, LLC
In order to maximize the City’s flexibility, staff recommend awarding contracts to top two (2) firms to provide traffic engineering services. The City reserves the right to assign traffic assignments to one or both consultants at its sole discretion based on project requirements, the requirements of the funding source for the project, as well as the availability of each consultant. The selected firms will assist the City based on staffing needs and the scheduling of future projects. Selection of a firm does not necessarily guarantee the award of work of any specific contract value.
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 9, 2024
ON-CALL TRAFFIC ENGINEERING SERVICES – AWARD OF PROFESSIONAL
SERVICES AGREEMENTS
Conclusion:
Staff recommends selecting Willdan Engineering and JMDiaz, Inc. to provide on-call traffic engineering services, an amendment to the FY 2024-25 Adopted Budget by appropriating an additional $30,000 in Measure R funds (Fund 207) and authorize the City Manager to execute the agreements in a form approved by the City Attorney.
Professional Service Agreements are for a term of five (5) years for an amount of up to $450,000 each. The selected qualified firms will be available to provide services on an as-needed basis for traffic engineering services in the delivery of a variety of projects or services for day-to-day Public Works needs.
Steve Carmona
SC:NN:KG:np
Enclosures: 1) Professional Services Agreement – Willdan Engineering 2) Professional Services Agreement – JMDiaz, Inc.
AGREEMENT NO. _______
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
WILLDAN ENGINEERING
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) Willdan Engineering, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”
2. RECITALS
2.1 City has determined that it requires professional services from a consultant to provide on-call traffic engineering services.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s May 8, 2024 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.
3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s May 8, 2024 proposal to City attached hereto as Exhibit “B.”
3.3 “Commencement Date” : July 9, 2024
3.4 “Expiration Date” : June 30, 2029
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.
Enclosure 1
10a
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5. CONSULTANT’S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of Four Hundred Fifty Thousand Dollars ($450,000.00) unless specifically approved in advance, in writing, by City.
5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.
7. BUSINESS LICENSE
Consultant shall obtain a City of Pico Rivera business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality Professional Services Agreement
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of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date of this Agreement if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.
10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises Jeffrey Lau, Project Manager, shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made to Consultant’s project administrator without City’s prior written consent.
11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.
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12. INDEPENDENT CONTRACTOR
12.1 Consultant is, and shall at all times remain as to City, a wholly independent consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.
12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.
12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.
12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.
13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
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14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.
15. INDEMNIFICATION
15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives Professional Services Agreement
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its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.
15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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16. INSURANCE
16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment
16.1.1.2 Products and completed operations
16.1.1.3 Broad form property damage (including completed operations)
16.1.1.4 Explosion, collapse, and underground hazards
16.1.1.5 Personal Injury
16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.
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16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).
16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
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16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
17. MUTUAL COOPERATION
17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.
17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.
18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
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If to City: If to Consultant:
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
Vanessa Munoz, President
Willdan Engineering
13191 Crossroads Pkwy North,
Suite 405
Industry, California 91746-3443
With a courtesy copy to:
Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph
17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.
22. TERMINATION
22.1 City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination.
Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt Professional Services Agreement
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to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.
24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.3 Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
25. WARRANTIES
25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.
25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.
25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.
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26. CAPTIONS
26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.
26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
27. NON-WAIVER
27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.
27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees Professional Services Agreement
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and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.
29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.
32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.
Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.
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TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth in Section 3.3 of this Agreement.
“CITY” “CONSULTANT”
CITY OF PICO RIVERA WILLDAN ENGINEERING
______________________________ ___________________________________ Andrew C. Lara, Mayor Vanessa Munoz, President
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Professional Services Agreement
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EXHIBIT A
SCOPE OF SERVICES
Proposal
On-Call Traffic Engineering Services
May 8, 2024
Exhibit A - Page 001 of 42
May 8, 2024
City of Pico Rivera
Department of Public Works
6615 Passons Blvd.
Pico Rivera, CA 90660
Attention: Noe Negrete, Director of Public Works
Subject: Proposal to Provide On-Call Traffic Engineering Services Willdan Engineering (Willdan) is pleased to submit this Proposal to the City of Pico Rivera to provide comprehensive municipal traffic and transportation engineering services on an on-call basis. Willdan has a long history and a cadre of experience providing traffic engineering services involving all services such as daily traffic engineering functions, design oversight, response to citizens’ request, study review, operational analysis, attendance at City Council, Planning Commission, and Transportation Ad-hoc meetings, and other related services. We can provide the City with a project team that excels in the necessary disciplines to complete any project awarded under this on-call contract. We believe there are several reasons why Willdan is uniquely qualified to undertake this important assignment for the City of Pico Rivera:
Highly Skilled Traffic Engineer/Project Manager – Willdan's proposed Traffic Engineer, Mr.
Farhad Iranitalab, PE, TE, will continue to serve as City Traffic Engineer and Project Manager. He offers over 40 years of professional traffic and transportation engineering experience in both public and private sectors. His background includes traffic operations, geometric design, traffic signal design and timing, traffic impact analysis, neighborhood traffic calming, warrant studies, project management, and traffic flow and capacity analysis.
He has been serving the City of Pico Rivera as the City traffic engineer since 2019. His involvements include traffic signal timing and operations review, signing and striping revisions at major roadways and around schools, evaluations of Stop sign requests, collisions studies, residents’ concerns regarding speeding, evaluations of time restricted parking, safety improvements at various local and major streets, and development of the City’s Traffic Calming guidelines.
Knowledge of the City – Willdan has been partnering with the City of Pico Rivera since 2004 through services provided for traffic engineering, civil engineering, survey, utility coordination, planning, and construction management. Willdan's staff members have lent their expertise to a wide range of City projects involving street and median improvements, traffic signal modifications, traffic safety evaluations, grant application preparation, traffic warrant studies, and grant funding administration.
Understanding of City Traffic Engineering Services – Willdan’s traffic engineering staff applies City, state, and federal guidelines to confirm the adequacy of transportation facilities, to determine the need for traffic control devices, and to ensure the safe and efficient operation of the transportation system. Our staff of experts conducts traffic surveys, investigates, and makes recommendations on traffic safety and traffic signal timing, and evaluates roadway network operations. We specialize in school zone traffic Exhibit A - Page 002 of 42
safety. Willdan develops geometric design and channelization, traffic signal and street lighting plans, parking lot designs, and traffic control plans for construction. We also provide plan check services, grant and funding application preparation and traffic study review. Turnkey Services – Willdan provides in-house full-service engineering design and construction management for almost any capital improvement project, including roadways, retaining walls, grading, drainage, water, sewer, major highway facilities, bridge structures, traffic signals, and signing and striping improvements. We prepare the associated reports, including hydrology/hydraulic calculations, water quality management plans, storm water pollution prevention plans, traffic studies, geotechnical investigation reports, contract specifications, special provisions, and engineer’s estimates of probable cost of construction.
Willdan has assembled a team of professionals who are committed to providing the City with quality service and results. Willdan will utilize two subconsultants – City Traffic Counters, for Traffic Counts and TKM Engineering for traffic operations and signal system support. Willdan has been partnering with City Traffic Counters since 2004 and has built good rapport with City Traffic Counters. We have worked together on many On-Call contracts for other agencies similar to the scope of work detailed in the City of Pico Rivera’s RFP. Their contact information is as follows:
City Traffic Counters
Nicole Nguyen
P.O. Box 1313, Glendora, CA 91740
P: (626) 893-4231 [email protected]
TKM Engineering
Tom Mericle
1244 Poli Street, Ventura, CA, 93001
(805) 701-2977 [email protected]
Jeff Lau PE, TE, ENV SP, is authorized to negotiate on behalf of and contractually bind Willdan.
He will be the City’s contact during the proposal evaluation and his contact information is provided below. This proposal is valid for a period of ninety (90) days following the date of submittal. The information contained within this proposal is true and correct to the best of our knowledge. Willdan acknowledges receipt of any issued addenda.
We appreciate this opportunity to submit our Proposal to the City of Pico Rivera and look forward to continuing our work with the City. If you have any questions, please contact me directly.
Respectfully submitted,
WILLDAN ENGINEERING
Jeff Lau, PE, TE, ENV SP
Deputy Director of Engineering
[email protected]
(562) 364-8526
13191 Crossroads Parkway, Suite 405
Industry, CA 91746-3443
TIN: 95-2295858
Exhibit A - Page 003 of 42
City of Pico Rivera
` Table of Contents
Qualifications of the Firm ...................................................................................................... 4 Company Profile .......................................................................................................................... 4 Financial Strength ........................................................................................................................ 4 Traffic Engineering Expertise ....................................................................................................... 5 Traffic Engineering Experience .................................................................................................... 6 Design ....................................................................................................................................... 6 Studies ...................................................................................................................................... 6 Traffic Signal Operations Support ............................................................................................ 7 Grant Writing ............................................................................................................................ 7 Other Related Technical Support Services ............................................................................... 8 On-Call Contract Expertise .......................................................................................................... 8 Pico Rivera Project Highlights ...................................................................................................... 9 Joint Work .................................................................................................................................. 12 Proposed Staffing ............................................................................................................... 11 Organizational Chart .................................................................................................................. 13 Subconsultants .................................................................................................................... 14 Work Approach ................................................................................................................... 17 Understanding of Need ............................................................................................................. 17 Project Approach ....................................................................................................................... 17 Methodology ............................................................................................................................. 18 Project Controls ......................................................................................................................... 19 Scope of Work ........................................................................................................................... 21 Project Management ................................................................................................................. 23 Current Workload and Capability/Commitment ....................................................................... 24 Client References ................................................................................................................ 25 Right to Materials ................................................................................................................ 27 Schedule of Hourly Rates ..................................................................................................... 27 Non-Collusion Affidavit........................................................................................................ 29 Resumes.............................................................................................................................. 30
Exhibit A - Page 004 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
4 Qualifications of the Firm
Company Profile
Willdan Engineering (Willdan), a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation. Services are provided to nationwide clientele through three subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified strengths.
Throughout our 60-year history, Willdan has been a consistent industry leader providing all aspects of municipal, infrastructure, and transportation engineering; program management; financial consulting; municipal planning; environmental; energy-related services, along with a full complement of related disciplines. Dedicated to providing public agencies with reliable, quality, and cost-effective services, Willdan merges sound solutions with a solid respect for the fiscal responsibility faced by local agencies and the concerns of affected communities. This approach has proven responsive to the most challenging budget, schedule, and aesthetic requirements. It is a contributing factor to our industry reputation and our company growth. Willdan addresses the varied demographics of our public agency clients through focused, specialized services offering solutions tailored to the unique goals and visions of each agency. Willdan's corporate-wide staffing resources have grown from 637 in 2014 to over 1,500 employees in 56 offices nationwide.
Willdan’s understanding of public agency’s needs and issues is unique in the industry. In addition to the significant portion of our staff that have served in public agency management positions prior to joining Willdan, Willdan has had numerous assignments with over 90% of the cities and counties in California for building officials, city engineers, county engineers, county roads supervisors, planning directors, traffic engineers, and other public agency staff members.
The diversity of our staff’s experience is an added value to our professional services.
Financial Strength
Willdan has the financial strength, resources, qualified staffing, and wherewithal to complete all projects undertaken due to our strong, dependable reputation and a stable client base that continues to expand through repeat customers, referrals, and new service areas. The firm's size and organization enable staff to efficiently communicate individual project challenges and goals companywide, thus capitalizing on all Willdan's resources to deliver the highest quality and most cost-effective product. There are no pending conditions that would impede Willdan's ability to complete assignments under the City's as-needed contract. Financial information is issued quarterly and can be found on the Investors page at www.willdan.com.
Exhibit A - Page 005 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
5 Traffic Engineering Expertise
Willdan has completed over 30,000 traffic engineering and transportation planning projects since the 1980s when our traffic and transportation group was founded. We are experts in traffic engineering and transportation planning and bring the vision to design implementable, forward-thinking engineering solutions that utilize technological innovations. Willdan's Traffic and Transportation Group has a staff of 18 individuals, 10 of whom are California-registered civil or traffic engineers. These engineers are highly qualified professionals with combined traffic experience exceeding 200 years. This experience includes a significant amount of time in responsible charge of traffic functions for a variety of municipalities.
Our traffic engineering team specializes in providing all facets of traffic engineering and transportation planning to governmental agencies including city traffic engineering and traffic analysis, design, plan review, and management. Our understanding and knowledge of design is enhanced by our familiarity with Caltrans and local standards, guidelines, and procedures.
In addition to our proven expertise in traditional design services such as signing, striping, traffic signal, and street lighting design, we are skilled in sophisticated computer-based applications such as arterial corridor and network signal coordination studies. We are proficient in traffic impact analyses and evaluating transportation systems management. Our understanding and knowledge of design is enhanced by our familiarity with Caltrans and local standards, guidelines, and procedures.
Currently, our staff serve as contract city traffic engineers or provide traffic engineering services for approximately 42 cities in the southwest. Our front-line knowledge and understanding of local road and traffic conditions are the cornerstone of our services. Willdan’s traffic engineering staff applies state-of-the-art concepts to confirm the adequacy of transportation facilities, to determine the need for traffic control devices, and to ensure the safe and efficient operation of the transportation system.
Our front-line knowledge and understanding of local road and traffic conditions are the cornerstone of our services. Willdan’s traffic engineering staff applies state-of-the-art concepts to confirm the adequacy of transportation facilities, to determine the need for traffic control devices, and to ensure the safe and efficient operation of the transportation system.
Our team has experience in parking, neighborhood traffic management, traffic impact, circulation, crosswalk, suggested routes to school (neighborhood school area safety), and pedestrian safety studies; traffic signal design and operations; signal timing; geometric design; grant applications; roadway improvement design; signing and striping; street lighting systems; commuter rail projects; and bus transit systems. We provide plan checks and reviews of traffic impact studies prepared by others for City or private development.
Traffic Engineering
Traffic Signals and ITS Systems
Signing and Striping
Traffic Control
Bicycle and Pedestrian Facilities
Parking Facilities
Street Lighting
EV Charging Stations
Traffic Signal Timing
Traffic Operations
Traffic Management Plans (TMPs)
Transportation Demand Management (TDM)
Roadway Capacity Evaluations
Traffic Impact Studies
Neighborhood Traffic Management
Traffic Control Device Warrant Studies
Safe Routes to School Plans
Active Transportation Plans
Engineering and Traffic Surveys
Parking Studies/Management
Local Road Safety Plans
Safety Action Plans
VMT and LOS Analysis
Exhibit A - Page 006 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
6 Traffic Engineering Experience
Design
Willdan's traffic engineering experience and expertise covers all facets of traffic engineering and planning, including visioning, research, and analysis to design, manage, and implement safe and efficient traffic flow. Their recommendations involve road geometry, sidewalks and crosswalks, cycling infrastructure, traffic signs, roadway markings and traffic signals. In addition to our proven expertise in traditional design services such as signing, striping, and traffic signal and street lighting design, our traffic engineers are skilled in sophisticated computer-based applications such as arterial corridor and network signal coordination studies. They are proficient in traffic impact analysis and evaluation of transportation systems management, transportation demand management, and intelligent transportation systems strategies.
Our traffic design team prepares traffic engineering designs to warn, regulate, and guide traffic and develop geometric design and channelization, traffic signal and street lighting plans, parking lot designs, and traffic control plans. They routinely lend their expertise for improvements such as neighborhood traffic management/traffic calming, traffic impacts, school area and pedestrian safety, crosswalk visibility enhancements, and local road safety plans and systemic safety improvements for local and federally funded projects. Representative traffic engineering design projects include:
Paramount Boulevard Traffic Signal Upgrades and Safety Enhancement, City of Downey Los Angeles World Airports ITS Improvements, City of Inglewood Electric Vehicle Action Plan Charging Station Installations, City of Santa Monica Alondra Boulevard and Passage Avenue Traffic Signal Installation, City of Paramount Santa Anita Active Transportation Project, City of El Monte Studies
Willdan's traffic engineering experience and expertise covers all facets of traffic engineering and planning, including city traffic engineering, traffic analysis, design, and management. In addition to our proven expertise in traditional design services such as signing, striping, and traffic signal and street lighting design, our traffic engineers are skilled in sophisticated computer-based applications such as arterial corridor and network signal coordination studies. They are proficient in traffic impact analysis and evaluation of transportation systems management, transportation demand management, and intelligent transportation systems strategies.
Willdan's traffic engineers are experts in conducting traffic surveys and data collection, investigating motorist and vehicle characteristics, identifying, and recommending traffic safety and utilizing traffic laws and enforcement to determine traffic signal timing, and evaluating highway operations. Our traffic design team prepares traffic engineering designs to warn, regulate, and guide traffic and develop geometric design and channelization, traffic signal and street lighting plans and electrical design, parking lot designs, and traffic control/detour plans.
They routinely lend their expertise for studies, reports, and designs for other improvements such as neighborhood traffic management/traffic calming, traffic impacts, school area and Exhibit A - Page 007 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
7 pedestrian safety, crosswalk visibility enhancements, traffic impact fees, local road safety plans and safe routes to school, signal timing, and traffic circulation for local and federally funded projects. Representative traffic engineering design projects include:
Engineering and Traffic Survey – 331 Segments, City of Anaheim Paramount Boulevard and Trojan Way Traffic Signal Warrant Analysis, City of Pico Rivera Desert Sands Unified School District Traffic Control Device Study, City of La Quinta Local Roadway Safety Plan, City of Downey
Piuma Road Curve Warning Sign Study, County of Los Angeles Traffic Signal Operations Support
Willdan’s traffic operations experts are responsible for performing traffic safety and operational investigations to ensure roadways are safe to travel under normal operating conditions. Staff identify safety issues and/or deficiencies and make improvement recommendations to mitigate them. Our team members have strong backgrounds in managing traffic control centers, traffic signal timing and synchronization, and traffic control devices and developing and implementing traffic management plans, traffic calming operations, and intelligent transportation systems. Representative traffic operations implementation projects include:
Transportation Management and Operations Plan (TMOP) for SoFi Stadium, City of Inglewood
Century Boulevard Improvements Plan Review and Signal Coordination Timing, City of Inglewood
Citywide Traffic Signal Timing Update – 56 Signals, City of Lakewood Traffic Management Center Monitoring, City of Temecula Katella Avenue Traffic Signal Timing, City of Los Alamitos Citywide Traffic Signal Inventory – 31 Signals, City of Bell Grant Writing
Willdan offers expertise in funding sources to assist clients with obtaining available funding for current and future capital improvement projects. Our team offers vast knowledge of local/state/federal funding availability, along with administration and procurement requirements, for a wide variety of funding sources.
Willdan's staff members have prepared numerous funding and competitive grant applications for various client cities. The applications generally require extensive research to investigate facilities and existing conditions, soliciting support from local civic groups, and completing a detailed cost estimate for project implementation. Willdan's grant writing team members have developed a solid history of winning projects selection. Our submittals have a greater than 50 percent award rate on competitive state and federal grants.
For Highway Safety Improvement Program (HSIP) Cycle 10 Call for Projects in 2020, Willdan's team prepared 25 grant applications for our clients with 20 of them being selected for funding – an 80 percent success rate. In total, our Project Development
Application Questions
Conceptual Exhibits
Cost Estimates
Supporting Documents
Submit Application
Exhibit A - Page 008 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
8 clients were awarded over $27.1 million in HSIP funding over the past three cycles.
In 2023, Willdan prepared 14 grant applications for HSIP Cycle 11 Call for Projects with 13 applications being awarded over $6.5 million in funding – a 93 percent success rate. Willdan has been awarded $100+ million in funding and obtained $0.5 billion for our municipal clients.
Once grant funding is awarded, Willdan has also coordinated, prepared, and submitted all necessary documentation to Caltrans/ FHWA to assist local agencies with securing federal authorization and obligation of funds (E-76). Willdan has prepared funding applications, award packages, invoices, and other required documentation to secure funding and ensure reimbursement of expenditures that are compliant with Caltrans Local Assistance procedures.
Other Related Technical Support Services
Willdan offers a complete range of engineering and support services to implement traffic and transportation projects. Our engineering professionals combine practical knowledge and technical expertise to develop solutions that are unique and customized to each need. With an extensive staff that includes civil, structural, traffic, and bridge engineers, Willdan has designed numerous types of traffic and transportation facilities; has managed traffic and transportation projects from initial project analysis through final design and construction; and has prepared pavement investigation design, pavement failure investigation, and pavement management system reports.
On-Call Contract Expertise
On-call engineering services are Willdan's foundation. Our staff includes former public agency employees or contract agency staff. Therefore, we understand the importance and purpose of on-call contracts and are very familiar with the processes and procedures for such services.
Willdan has completed projects and task orders for more than 200 as-needed/on-call contracts.
This experience and the relevant experience of our dedicated and available key personnel are what best suits Willdan to provide the City with on-call services. The matrix below represents a small excerpt of our recent relevant Traffic engineering contracts with local government agencies.
Exhibit A - Page 009 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
9 Client
On-Call Traffic Engineering TrafficDesign Traffic Studies Traffic Operations Development Plan Review Grant Funding City of Anaheim 9 9 9
City of Azusa 9 9 9 9
City of Bell 9 9 9 9 9 9
City of Brea 9 9 9 9 9 9
City of Cudahy 9 9 9 9 9 9
City of Culver City 9 9 9
City of Downey 9 9 9 9 9
City of El Monte 9 9 9 9 9 9
City of Grand Terrace 9 9 9 9 9
City of Highland 9 9 9 9 9 9
City of Inglewood 9 9 9 9 9 9
City of La Cañada Flintridge 9 9 9 9 9 9
City of La Puente 9 9 9 9 9 9
City of La Quinta 9 9 9 9
City of Lake Elsinore 9 9 9
City of Lakewood 9 9 9 9 9 9
City of Los Alamitos 9 9 9 9 9 9
City of Moreno Valley 9 9 9
City of Newport Beach 9 9 9
City of Norwalk 9 9 9 9 9 9
City of Paramount 9 9 9 9 9 9
City of Pico Rivera 9 9 9 9 9 9
City of Placentia 9 9 9 9
City of Rancho Palos Verdes 9 9 9 9 9
City of Rialto 9 9 9 9 9 9
City of Ridgecrest 9 9 9 9 9 9
City of Rolling Hills 9 9 9 9 9
City of Rolling Hills Estates 9 9 9 9 9 9
City of San Bernardino 9 9 9 9 9
City of San Fernando 9 9 9 9 9 9
City of South Gate 9 9 9 9 9 9
City of Temecula 9 9 9 9 9
City of West Covina 9 9 9 9 9
Cit of Yorba Linda 9 9 9
County of Los Angeles 9 9 9 9
Exhibit A - Page 010 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
10 Pico Rivera Project Highlights
Willdan has provided a variety of traffic services to the City of Pico Rivera over the past 20 years. Brief descriptions of some especially complex projects are provided below.
Rosemead Boulevard Hot Spots Arterial Intersection Improvements Willdan provided design services for the State Route 91/Interstate 605/Interstate 405 congestion hot spots arterial intersection improvements at Rosemead Boulevard and Slauson Avenue, Rosemead Boulevard and Whittier Boulevard, and Rosemead Boulevard and Washington Boulevard. The purpose of the improvement project was to alleviate the existing and potential traffic impacts posed by construction of future mainline, interchange, and ramp improvements for the Interstate 605 freeway. The scope of work involved cold milling existing AC pavement; ARHM overlay; removing and replacing driveway approaches, sidewalks, curbs, gutters, curb ramps, and AC pavement; widening the roadway; modifying the median; relocation utilities; modifying the intersection traffic signals and streetlights; and signing and striping. CTC provided traffic counts for this project.
Various City and Residents Requests for Traffic Evaluations and recommendations Gallatin Road Traffic Calming and Complete Street
Per the City’s request, Willdan performed a traffic analysis and recommended striping modifications to improve safety for motorist and cyclist by providing bike lanes on both sides of Gallatin Road
BEFORE
AFTER
Exhibit A - Page 011 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
11 Rosemead Boulevard at Bermudez Left Turn
Willdan evaluated the feasibility of installing a left turn lane and improving traffic flow for the southbound traffic on Rosemead.
Intersection Safety Improvement at Greenglade and Woodford Willdan reviewed and addressed residents’ concern for speeding around the corner of the intersection.
Safety improvement on Paramount Boulevard at Dunlap Crossing Willdan evaluated this location and provided safety recommendations to improve the horizontal curve visibility.
BEFORE AFTER
BEFORE
BEFORE AFTER
BEFORE AFTER
Exhibit A - Page 012 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
12 Safety improvement at Intersection of Washington and Passons Willdan performed an intersection safety review and recommended striping modifications at the intersection to better direct westbound through traffic to the correct lane assignment after the intersection.
Additionally, TKM Engineering has worked for the City of Pico Rivera on the following projects:
x Local Roadway Safety Plan – Tom Mericle, Project Manager x Smith Park Parking Lot – Tom Mericle, Concept Design Consultant x ITS Master Plan – Tom Mericle, Project Manager
x On-Call Plan Check Services – Tom Mericle, Consultant (ongoing) Joint Work
Willdan has enhanced our team's capabilities through the addition of select subconsultants to provide added value to our City of Pico Rivera services. Our specialty consultants are experienced in working on similar contracts such as this and have experience working with Willdan. The chart below summarizes just a few projects we have combined efforts in to provide our agencies and clients with exemplary services. Detailed information regarding these firms as well as their company profile is presented in a subsequent section of this proposal.
Project Title Willdan City Traffic
Counters
TKM
Engineering
Paramount Boulevard and Trojan Way Traffic Signal Warrant Analysis, City of Pico Rivera 9 9
Paramount Boulevard and Maxine Street Traffic Signal Warrant Analysis, City of Pico Rivera 9 9
Engineering and Traffic Survey, 361 Segments, City of Anaheim 9 9 Engineering and Traffic Survey, 117 Segments, City of Norwalk 9 9 Century Blvd Signal Synchronization, City of Inglewood 9 9 Cuyama Road Traffic Calming Study, City of Ojai 9 9
BEFORE
AFTER
Exhibit A - Page 013 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
11 Proposed Staffing
Willdan understands and respects the commitment to community quality that resounds throughout the City. From the Department's leadership down through the ranks, the staff holds themselves to a high standard of performance and, by extension, expects no less from their consultants. Willdan's project team works under similar performance standards and adheres to company-wide policies that ensure the quality and integrity of deliverables and team performance. We have selected individuals with extensive expertise and directly related experience to serve as task leaders at the project level. They are supported by a talented team of environmental planners; bridge, drainage, utility, roadway, traffic, structural, and geotechnical engineers; design drafters; construction inspectors; and land surveyors that are ready to implement successful project delivery. Summarized below are the key personnel team's credentials:
Farhad Iranitalab, PE, TE
Traffic Engineer and Project Manager/Traffic Operations Task Manager
Education | Credentials BS, Civil Engineering | MS, Transportation Engineering | Civil Engineer, California No. 33142 Traffic Engineer, California No. 1695 | 40 Years' Experience
Farhad Iranitalab, PE, TE, will continue to serve the City of Pico Rivera as the Traffic Engineer/Project Manager as well as Traffic Operations Lead for this assignment. He offers over 40 years of professional traffic and transportation engineering experience in both public and private sectors. His background includes traffic operations, geometric design, traffic signal design and timing, traffic impact analysis, neighborhood traffic calming, warrant studies, project management, and traffic flow and capacity analysis. Mr. Iranitalab ’s experience covers projects from inception to completion including project and program management, planning, design, and construction. He also has a good knowledge of 170 and 2070 traffic signal controllers and the use of Synchro and SimTraffic Traffic Planning and Analysis Software.
Currently, he serves as Traffic Engineer for the Cities of Brea, Los Alamitos, and La Cañada Flintridge. He served as City Traffic Engineer and Transportation Manager for the Cities of Fairfield, San Jose, Hayward, and Elk Grove.
Jeffrey Lau, PE, TE, ENV SP
Deputy Project Manager/Traffic Design/Plan Check Task Manager Education | Credentials BS, Civil Engineering | Civil Engineer, California No. 83887; Traffic Engineer, California No. 2835; Envision Sustainability Professional No. 45376 | 20 Years' Experience
Jeffrey Lau, PE, TE, Deputy Director of Engineering, will serve as the Deputy Project Manager and Traffic Design/Plan Check Lead for this assignment. Mr. Lau possesses 20 years of Exhibit A - Page 014 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
12 experience in various facets of traffic engineering, including field investigations, traffic data collection and analysis, traffic design, and project management. He is experienced with field work and design for a variety of projects such as traffic signals, signing and striping, street lighting, and construction traffic control. Mr. Lau has assisted with traffic impact studies and analyses, plan reviews, and engineering and traffic survey updates. Mr. Lau is an accomplished engineer for multi-discipline and multi-agency traffic and transportation projects and has supervised completion of a variety of large- to small-scale projects. He also served on a traffic engineering capacity for the Citites Downey and Chino Hills. Mr. Lau’s traffic and transportation team has secured over $110 million in grant funding for their clients.
Tyrone Peter, PE
Principal in Charge, Quality Assurance Manager
Education | Credentials BS, Civil Engineering | Civil Engineer, California No. 81888 | 18 Years' Experience
Tyrone Peter, PE, Director of Engineering, will serve as Principal in Charge and Quality Assurance Manager for this contract. Mr. Peter is the Director of Engineering and has provided leadership on over 300 complex multidiscipline, multiagency infrastructure improvement projects in California, as engineering project manager, civil engineering task manager, and supervising engineer. An 18-year veteran of the design engineering field, he has acquired comprehensive public works experience, including project management, design, and construction support of civil infrastructure, traffic, reconstruction, rehabilitation, landscape architecture, utility relocation, ADA, drainage, and wastewater projects.
Wes Pringle III, PE
Traffic Studies Task Manager
Education | Credentials BS, Civil Engineering | Civil Engineer, California No. 56856| 33 Years' Experience
Wes Pringle, PE will serve as the Traffic Studies Task Manager for this contract. Mr. Pringle is an accomplished engineer possessing over 33 years of experience as a Transportation Engineer.
He worked for the City of Los Angeles, with the Bureau of Engineering on implementing the current street standards and the adopted Mobility Plan. He also worked with development projects in establishing Transportation Demand Management strategies that improve the pedestrian, transit, and biking experience in the City. Mr. Pringle is a Member of the Institute of Transportation Engineers (ITE), a guest lecturer of Transportation Engineering at the University of Southern California, and an Editor of ITE’s Expert Witness Council Newsletter.
Exhibit A - Page 015 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
13 Nicolle Spann, PE, TE
Grant Funding Task Manager
Education | Credentials BS, Civil Engineering | Civil Engineer, California No. 91787; Traffic Engineer, California No. 2933 | 10 Years' Experience Nicolle Spann, PE, TE will serve as the Grant Funding Task Manager for this contract. Ms. Spann is a Senior Engineer with Willdan who specializes in traffic engineering investigations, transportation planning, and grant funding applications. She is knowledgeable in transportation engineering processes and their application to operating systems. Ms. Spann is experienced in traffic impact analyses, roadway safety studies, engineering and traffic surveys, traffic calming analysis, warrant analysis, preparing local road safety plans, signing, and striping design, and traffic signal design. Ms. Spann has been a key factor in the traffic and transportation team securing over $110 million in grant funding for their clients.
Key personnel will be available to the extent proposed for the duration of the Professional Services Agreement and an acknowledgement that no person assigned to a project shall be removed or replaced without the prior written concurrence of the AGENCY.
Organizational Chart
Our team organization chart below identifies team members selected for this contract. The chart illustrates the reporting relationships within Willdan's team – including our selected subconsultants – along with our communication with City staff. Detailed resumes for each task manager are included in the appendix of this proposal, as well as for a key member of each subconsultant.
Exhibit A - Page 016 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
14 Subconsultants
City Traffic Counters
Nicole Nguyen
P.O. Box 1313, Glendora, CA 91740
P: (626) 893-4231 [email protected]
City Traffic Counters will provide traffic data collection for the project. Willdan has been partnering with City Traffic Counters since 2004. City Traffic Counters (CTC) will be tasked with field data collection of radar speed surveys and 24-hour directional volume counts for each roadway segment to be included in the Citywide Engineering and Traffic Survey. CTC has extensive experience and familiarity with traffic counting in all areas of Southern California.
Since its foundation in 1998, CTC has provided numerous traffic counting services to our clients in both the private and public sectors. CTC’s traffic collection data services consist of manual traffic movement counts, 24-hour machine counts, radar speed surveys, parking occupancy and demand surveys, and neighborhood speed studies.
TKM Engineering
Tom Mericle
1244 Poli Street, Ventura, CA, 93001
(805) 701-2977 [email protected]
TKM Engineering will provide as-needed technical support for traffic operations and signal system tasks for the project. TKM Engineering is a small traffic and transportation engineering firm founded in 2021 and based in Ventura, CA. Almost all the experience of the TKM Engineering staff is working on behalf of or directly for public agencies. As such, they are dedicated and committed to serving public clients. TKM Engineering is a certified California Small Business. TKM currently serves the following communities in various capacities:
City of Calabasas
City of Carpinteria
City of Pico Rivera
City of Port Hueneme
City of Eastvale
City of Ventura
City of Ojai
Exhibit A - Page 017 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
17 Work Approach
Understanding of Need
The purpose of this assignment is to provide professional on-call traffic engineering services on a routine basis to the City of Pico Rivera. We understand the services to be provided will generally include traffic signal timing, capacity analysis, traffic operations, channelization and signing design, traffic studies relating to private development and corridor enhancements, traffic calming
techniques, grant funding, traffic operations and street lighting, safety studies and reports, investigating complaints and claims, WATCH manual for construction traffic control, dealing with the public, and performing related duties as required. It is expected that the consultant will provide staff to act in the capacity of City Traffic Engineer on behalf of the City of Pico Rivera. Mr. Iranitalab is knowledgeable with all of the requested services and has municipal engineering
experience, preparing traffic studies, signing, pavement marking, signal plans, signal timing and operations. Mr.
Iranitalab’s qualifications are shown in the box to the right.
The City anticipates the services to begin by July 2024.
Willdan understands that this contract is a five-year
agreement. Based on this, Willdan has selected a team with all of the resources and capabilities needed to exceed the expectations of the City.
Project Approach
The fundamental goal of the Willdan team is to provide the City with the highest level of support in completing the requested services. To accomplish this, we will conduct interactive meetings with City staff throughout the course of this assignment to assure all issues are addressed. The Willdan team has a broad variety of talent and experience in transportation planning, traffic operations, and traffic design.
Willdan proposes to commit our most knowledgeable senior staff to ensure successful projects.
Our intended approach is to fully understand each project requested by the City, to go over each project in detail with the City, agree on the course or extent of action best suited, and proceed accordingly. Having successfully completed many other on-call contracts, the Willdan team understands City processes and the technical and communication skills that are vital to assuring that each project receives the necessary attention, that the objectives are met, that the project schedules are adhered to, and that each project stays on budget.
Traffic Engineer Qualifications
Farhad Iranitalab, PE, TE
9 Has 40 years of municipal traffic
engineering experience
9 Mr. Iranitalab is familiar and
proficient with:
o Traffic Signals and Operations
o Traffic Analysis and Studies
o Caltrans and California Manual for
Traffic Control Devices
(CAMUTCD) standards and
procedures
o ITE Traffic Control Devices
Handbook
o ASSHTO Roadside Design Guide
o Work Area Traffic Control
Handbook (WATCH) Manual for
construction traffic control
o Traffic engineering modeling and
methodologies
o County of Los Angeles traffic
standards and methodologies
o State of California Vehicle Code
Exhibit A - Page 018 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
18 Willdan utilizes a management approach, whereby each assignment is undertaken by a project team. Each project is assigned to a senior member of our staff with the background, experience, and availability best suited for the assignment.
Our approach to serving the City on this contract is based on our 60-year history of serving public agencies. For this assignment, Willdan Engineering’s Deputy Project Manager, Jeffrey Lau, will be the single point of contact for the overall contract and for the day-to-day assignment needs Mr. Iranitalab will coordinate with City staff and will convey all-important matters to the project team as appropriate.
Lastly, Willdan maintains a strict quality control program that includes peer review and constructability review of all design projects. This process has served us well and is demonstrated by the amount of successful construction that has taken place as a result of Willdan design projects. The Willdan team’s management approach has been proven on past assignments to be effective in delivering services on time, within budget and to the client’s satisfaction.
Methodology
As Project Manager, Farhad Iranitalab, PE, TE will serve as the single point of contact for City staff. Upon receipt of a project assignment, Mr. Iranitalab will analyze the project and discuss his findings with the Task Manager possessing the appropriate qualifications and experience to ensure tasks are completed in accordance with the City's goals and visions. Mr.
Iranitalab and his selected Task Manager will then select qualified team members to provide technical support.
Willdan will commit the appropriate staff to ensure specific projects, as well as the overall contract, are successful. Having successfully completed many other assignments of this type for the City of Pico Rivera and other agencies within the Los Angeles County and Southern California regions, Willdan's proposed team understands City processes and possesses the technical and communication skills that are vital to ensuring each task receives the necessary attention, objectives are met, schedules are adhered to, and project tasks are within budget.
Keys to Success – Task Order Project Management
Be proactive in informing City staff of project issues along with proposed resolutions. Commit to project schedules.
Develop and maintain collaborative, trusting working relationships with City staff. Be flexible regarding staffing and types of services provided to meet the City’s needs. Be cost-effective.
Have a continuous-improvement mentality.
Be responsive to the needs of City and involved communities.
Contract Point of
Contact
Jeffrey Lau, PE, TE, ENV SP
Willdan Engineering
Deputy Director of
Engineering
13191 Crossroads Parkway
North, Suite 405
Industry, CA 91746
Phone: (562) 364-8526
Email: [email protected]
Elements of Approach
Fully understand project
scope and City objectives
Review each project in
detail
Agree on course of action
Assess and approve
Exhibit A - Page 019 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
19 Mr. Iranitalab will convey all important matters to the assigned Task Manager and the selected project team as appropriate. The Task Manager will, then, take full responsibility for understanding the project requirements, detailing the project scope requirements, and estimating the fee to complete the project effectively and efficiently. The assigned Task Manager will maintain the team members assigned to the project from beginning to end. This means the same individuals responsible for design elements are the same individuals reviewing shop drawings, preparing as-built plans, or responding to questions during the bidding or construction process. This management approach has been proven on past projects to be effective in delivering projects on time, within budget and to the client’s satisfaction.
While this serves as the basis for all assignments, Willdan employees who are assigned as extension of city staff, such as the City Traffic Engineer, most often work independently of the project team, since they are generally working directly for, and with City staff, as city staff. In this instance, the project team’s role is subservient to the primary assignment, and only comes into play on a support basis, or on a project specific basis, such as for additional services for the design of a traffic signal or signing and striping projects. The six key components of this approach are listed below:
Project Controls
Willdan's project control system is designed to provide a coordinated effort between all task facets of a project in the framework of the pre-established master schedule, budget controls, and reporting system. Our project control system provides an objective measure of performance – integrating:
Progress Reporting
The submittal requirements and format for consistent monthly reporting of project costs and status will be confirmed with the City during the project start-up period. The status report will contain a project performance summary, action items, outstanding items to be resolved, updated schedule, and comparison and narrative of budgeted costs versus actual costs.
Exhibit A - Page 020 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
20 Manhour Control
The manhour breakdown structure subdivides the work into manageable segments and is the basis for our project managers' project control plan. The structure is tailored to specific project needs, but generally has typical elements, including codes to identify work segments and engineering disciplines, weekly reports, and project resources schedule. To monitor labor costs, each person performing work on a project completes a weekly timecard that identifies the project, segment of work, and engineering discipline by code. This simple system provides accountability for Willdan's payroll, billings, and progress reporting and serves as the basis for all cost-related project management data.
Schedule Control
Our assigned Project Manager will prepare a work plan that provides definitive directions to the project team as agreed to by the County during the initial kick-off meeting. The plan will address staffing and assignments, scope of work, deliverables, budget, and schedule with milestones. If it is determined that a project is falling behind schedule, project managers meet with the respective team members, identify the problem, and ensure that extra support and effort are expended to bring the project back on schedule. Willdan will keep County staff informed of the overall schedule, including advanced notification of any necessary adjustments or actions to remain on track. Project managers monitor all progress on a weekly basis.
Cost Control
The budget control system is prepared in accordance with the work breakdown structure. The budget becomes the control against which performance is measured. The budget is time phased by combining project master scheduling data with budget data. Actual costs are compared with budgeted costs and variances analyzed. Deviations between planned and actual cost can then be evaluated to forecast and control future work. Beginning with electronic timekeeping, project hours are assigned to the appropriate tasks and subtasks and booked as work-in-process. Pre-bill reports are generated that identify the hours to be billed, along with any other direct charges to the project. This is the information used to determine each month's invoicing. Once hours and charges are billed, they are shifted from Work-in-Process to Accounts Receivable to ensure that billed hours are inactivated. Monitoring is easily accomplished through team member progress updates and comparisons between the scope of work, schedule, and budget.
Constructability Review
Our construction management team will perform a constructability review of the plans and specifications, including analysis of quantities and costs, check of construction phasing, full analysis of the contractor’s schedule, and applicable requirements for federal funding and reimbursement submittals. They will also review the SWPPP to confirm that the contractor’s plan meets QSP/QSD Exhibit A - Page 021 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
21 requirements and that all storm water permits are in place. Additionally, our construction manager will maintain a project-first philosophy with the contractor.
When this is achieved, construction is easy, straight forward, and accomplished with a minimum of issues. We are a team; and right is right and wrong is wrong for all parties. When this is established, it creates a fair environment for all and project success is achieved.
Quality Assurance and Control
Quality assurance and control procedures are critical to ensuring sound engineering practices and quality deliverables are produced for our clients. In accordance with Willdan's Quality Assurance/Control Manual, Tyrone Peter PE, will serve as the project's Quality Assurance Manager. Project-specific quality assurance activities will be planned at the beginning of the project. The four review levels for project deliverables are:
Level 1 – peer review only
Level 2 – peer review and editorial review (documents)
Level 3 – peer review, editorial review, and engineer review Level 4 – all elements of Level 3 plus additional reviews by specific technical experts
The two major components of the quality assurance review are technical and communication reviews. A Level 3 review will be performed on engineering design plans, specifications, and cost estimate to ensure the design is sound, constructible, and appropriate for the intended use and to confirm deliverables meet the scope of work requirements. This process involves reviews by independent designers and the Project Manager prior to submittal for formal review under the agreed-upon project-specific quality assurance plan. Project documents, including letters and correspondence, are subject to a Level 2 All subconsultants are held to Willdan's high-quality standards and deliverables are included and reviewed as part of our quality assurance process.
Scope of Work
Willdan is very familiar with the services typically required in providing City Traffic Engineering to Southern California cities. We have reviewed the requirements for this assignment as presented in the RFP and find it consistent with the services we provide in other assignments.
Willdan’s proposed City Traffic Engineer, Mr. Farhad Iranitalab, is available to work remotely or at City Hall a maximum of twenty (20) hours per week on an as-needed basis as requested by the City. The following summarizes the essential duties of the scope of work identified in the City’s RFP, and includes, but is not necessarily limited to, the services that can be provided by our team:
A. Attend City Council, Planning
Commission, and other special
meetings, on an as-needed basis.
B. Prepare staff reports, presentations,
memos, and other materials and
information or use at various public
meetings.
Exhibit A - Page 022 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
22 C. Assist City staff with development of
procedures and policies for installation
of traffic calming devices.
D. Make presentations at City Council
Meetings, Transportation Ad-hoc
Meetings, and other meetings.
E. Conduct studies regarding various
traffic, pedestrian, bike way, and other
traffic related issues.
F. Assist staff in the development of
parking and traffic policies, regulations,
ordinances, and resolutions in relation
to traffic issues and standards.
G. Conduct speed surveys.
H. Conduct Engineering and Traffic Surveys
for Speed Limit verification.
I. Assist in collecting and analyzing data
needed for grant applications.
J. Collect data and prepare traffic signal
and stop sign warrant analysis.
K. Investigate and respond to public
request related to signal operation and
timing, neighborhood traffic calming
measures and traffic control devices.
Collect and analyze data related to
traffic calming requests and prepare
traffic studies as needed.
L. Investigate and provide
recommendations regarding sight
distance.
M. Provide technical input to city staff with
signing and striping changes, signal
equipment upgrades, collision analysis,
speed limits, traffic volume data and
other work performed by City staff.
N. Review private development traffic
impact analysis and plans during
entitlement and plan check phases.
Evaluate and provide recommendations
regarding the developer proposed
mitigation measures for development
projects.
O. Assist Public Works Department with
plan review of traffic signal timing plans,
signal and striping plans, private
development roadway designs and
Capital Improvement roadway designs.
P. Review and approve construction area
temporary traffic control plans.
Q. Review parking plans for parking lots
and circulation issues, and provide
analysis for new and existing
development, as requested.
R. Review Conditional Use Permits and
provide comments, as requested by the
Planning Department and Planning
Commission.
S. Prepare parking studies, traffic counts,
parking counts, and other traffic-related
assignments, as requested.
T. Review Capital Improvement Program
projects, external agency projects, and
regional projects. Evaluate and provide
recommendations regarding the
proposed projects.
U. Assist with specialized studies and
analysis in support of various statewide
planning initiatives involving traffic
signal improvements, timing and
coordination.
V. Provide and facilitate training of staff in
specific transportation planning areas as
requested by the City.
W. Prepare signing and striping PS&E based
on traffic analysis conducted and/or
from City request.
X. Traffic Signal Corridor Coordination
Studies – conduct studies that analyze
the performance of traffic signal timing
on street corridors. These studies shall
include before and after analysis to
quantify the level of improvement to be
expected as a result of the project.
Y. Transportation Analysis – specialized
traffic studies to assess proposed
projects within a short time frame.
Typical studies would include travel
demand or traffic forecasting of
Exhibit A - Page 023 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
23 proposed roadways, street widening or
intersection improvement projects.
Studies will analyze diversion of traffic
due to substantial long-term
construction projects. Analysis will
incorporate pedestrian and bicycles.
Additional studies could be needed to
provide technical support for grant and
funding applications.
Z. Review Standard Details – Pico Rivera is
developing City Standard Drawings. The
selected Traffic Engineer will review and
comment on traffic related standard
drawings to assure compliance with
California MUTCD and Caltrans
requirements.
AA.Miscellaneous Traffic Engineering
Services - Traffic engineering services
not specifically identified in previous
subtasks may be performed by the
Consultant at the direction of the City.
Project Management
Below is our detailed Project Management plan for our management team:
Communication and Coordination. Willdan’s commitment to customer service is why we can respond timely to our clients’ request. Willdan places an emphasis on maintaining effective, on-going communication with our clients during the course of each assignment undertaken by our firm. Our proposed Traffic Engineer, Farhad Iranitalab, will maintain direct, face-to-face contact with City staff and the public on a regular basis. At all other times, our staff can be reached by e-mail or telephone, and are prompt in return communication.
Meetings. For work efforts while at the City, such as development review, traffic study preparation, managing traffic operations, and preparing for City Council and Transportation Ad-hoc meetings, Mr. Iranitalab will work closely with City staff to coordinate specific tasks, and to provide appropriate input when needed.
He will make necessary contacts with private developers, other public agencies, and other City departments on an as-needed basis.
Work Assignments. Upon commencement of an assignment, Willdan’s Principal-in-Charge, Tyrone Peter, PE, and Traffic Engineer/Project Manager, Farhad Iranitalab, will meet with City staff to discuss the project assignment in more detail and to establish the specific days and hours of service to the City. It is anticipated Mr. Iranitalab will be available to be at the City on a routine basis for 20 or more hours per week. Since not all city traffic engineering work requires the attention of a registered traffic engineer, Willdan has identified a core city traffic engineering team to serve the City that includes a traffic design/plan checking lead, Jeffrey Lau, and a traffic studies lead, Wes Pringle, to assist Mr. Iranitalab, as deemed appropriate.
Document Management. Willdan’s document management is defined by the practices and procedures used to create, distribute, and store various types of project documentation including but not limited to letters, e-mail correspondence, plans, memorandums, exhibits, work orders, and staff reports. Mr. Iranitalab will ensure Willdan staff safely store all documents in a project folder to provide an accurate and complete archive of project documentation that is always readily available to the City. To facilitate the convenience of securely sharing the latest project documentation with the City, Willdan utilizes the cloudExhibit A - Page 024 of 42 Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
24 based storage site Box.com. The City will be provided with a link to our Box.com storage site where they can view their current and past project files at any time and at no additional cost.
This service allows for timely, easy access, and cost-effective deliverables to the City.
Work Execution. Based on the City’s needs, the routine hours at the City for Mr. Iranitalab, or on an as-needed basis, away from the City are flexible and can be adjusted to various combinations of staff to balance both coverage of the work, as well as budgetary considerations. Mr. Iranitalab’s approach to this assignment will depend largely on the specific needs of the City at any given time, however, he will generally start each day with a review of on-going work efforts, new work efforts that have been assigned, and discussions with City staff. Since he is accustomed to City Traffic Engineering assignments, many of these efforts will be self-directed, except as otherwise given general or specific direction from the City, as deemed appropriate.
From time to time, the traffic engineering duties may require Mr. Iranitalab to be contacted while not at the City, in such cases he will routinely check for messages to keep current with ongoing issues, and to formulate and deliver timely responses. This may require him to coordinate with, or assign work efforts to City, or the Willdan team. Jeffrey Lau PE, TE, will serve as Deputy Project Manager to fill in for during times when Mr. Iranitalab might be on vacation, or otherwise unavailable.
Quality Assurance and Control. As Quality Assurance Manager for the City's Traffic Engineering contract, Tyrone Peter will oversee the quality assurance and quality control protocols by assigning a senior staff member experienced in the required disciplines to oversee the implementation of project-specific quality assurance/control activities. This senior staff member will report directly to Mr. Iranitalab to monitor and adjust the project quality assurance/control activities to ensure project objectives are met.
Current Workload and Capability/Commitment
One basic requirement to completing work according to the project schedule is the availability of staff and our ability to assemble the project team with the appropriate technical disciplines.
Willdan's workload is reviewed on a weekly, monthly, and quarterly basis. Willdan will commit on a priority basis, the labor resources necessary to complete a specific project or projects.
Willdan has staffed this project with the appropriate experienced staff and is fully committed to completing the awarded project(s) scope of services within project schedules and budgets.
Willdan will respond to the City’s request within 48 hours.
Exhibit A - Page 025 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
25 Client References
Project Description
Our traffic engineering staff currently provides support to Los Alamitos' City Engineer for traffic designs and studies, including the Old Towne West traffic calming project that provided innovative striping solutions to encourage safer streets for pedestrians and drivers. Farhad Iranitalab, prepared and presented to the Traffic and Planning Commissions the impact of the recent adoption of the new California Environmental Quality Act (CEQA) requirements related to Vehicle Miles Travelled (VMT) instead of Level of Service (LOS) as the measuring metric to determine transportation impacts from development projects. He regularly consults with the Development Services Director and City Engineer regarding traffic-related matters and addresses technical traffic-related questions and concerns from residents and business owners as directed by City staff. He and our other staff have extensive experience in consensus building and attending meetings with other public agencies such as the County of Orange, Orange County Transportation Authority, and California Department of Transportation.
Project Description
Willdan has been providing Traffic Engineering Services to the City of La Cañada Flintridge for 23 years. Additional services include Engineering Plan Check, Civil Engineering, Construction Management and Inspection, Labor Compliance. Our staff are responsible for providing contract extension of staff services in support of the City's traffic engineering needs. Day-to-day tasks encompass all general traffic engineering concerns, such as reviewing traffic impact studies and traffic control plans, collaborating with developers and their design teams, reviewing encroachment, approving transportation permits, preparing and reviewing traffic signal and striping plans, performing stop sign and safety analyses, preparing and presenting Commission and Council reports, collaborating with neighborhood groups to develop traffic calming plans/programs, conducting field investigations, and investigating citizen requests.
Client for:
25 years
Grants Secured
$2,619,130
Contact Info:
Patrick DeChellis,
Director of Public Works
(818) 790-8882
[email protected]
City of La Cañada Flintridge
City of Los Alamitos
Client for:
25 years
Grants Pending
$5,000,000
Contact Info:
Ron Noda, Deputy City
Manager &
Development Services
Director
(562) 431-3538 x500
[email protected]
Exhibit A - Page 026 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
26 Project Description
Willdan has provided general engineering services to the City of Paramount for over 40 years and presently serves as City Engineer and City Water Engineer. In addition to providing extension of staff services, Willdan has provided traffic engineering, assessment engineering and district formation, public works permits/inspection, development review, CIP design and construction management/inspection, CDBG administration, grant writing, and NPDES services. These services encompass – but are not limited to – study and report research and preparation; plan, specification, and cost estimate preparation; funding source and availability consultation; citizens' request and complaint investigations/resolutions; development impact studies; plan checking; City staff, commissions, and council report preparation; staff, commissions, and council meeting attendance and participation; and City department coordination to implement desired City improvements and updates.
TKM Engineering References:
City of Calabasas
Tatiana Holden, PE
Deputy Public Works Director
100 Civic Center Way
Calabasas, CA 91302
[email protected]
(818) 224-1600
City of Ventura
Jeff Hereford, PE, TE
Principal Transportation
Engineer
501 Poli Street
Ventura, CA 93001
[email protected]
(805) 654-7744
City of Carpinteria
John Ilasin, PE
Public Works Director/City
Engineer
5775 Carpinteria Avenue
Carpinteria, CA 93013
[email protected]
(805) 880-3402
CTC References:
Linscott, Law & Greenspan
Engineers (LLG)
Donald Rodriquez
600 South Lake Ave, Suite 500
Pasadena, CA 91106
(626)796-2322 Ext. 225
JB & Associates
Jano Baghdanian
833 Americana Way Suite 505
Glendale, CA 91210
(818)694-2880
City of Pasadena, Dept. of
Transportation
Paul Cura
100 N. Garfield Ave
Pasadena, CA 91101
(626)744-4310
Client for:
41 years
Grants Secured
$20,267,296
Contact Info:
Adriana Figueroa,
Director of Public Works
(562) 220-2100
[email protected]
City of Paramount
Subconsultants’ References
Exhibit A - Page 027 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
27 Right to Materials
Willdan acknowledges that all responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Consultant that are submitted as part of the Proposal and not withdrawn shall, upon receipt by CITY, become property of CITY.
Schedule of Hourly Rates
Willdan is providing highly experienced and skilled staff to support the City of Pico Rivera’s Traffic Engineering Services contract. Willdan’s proposed City Traffic Engineer will be billed at the following modified hourly rate. This rate is reduced from our standard fee schedule based on the longstanding working relationship we have with the City of Pico Rivera. The fee schedule on the following page provides rates for additional key staff and technical support staff available to serve the City, as may be required.
Job Description Hourly Rate
City Traffic Engineer $185
Rates for our subconsultants, City Traffic Counters and TKM Engineering will be provided on a task-by-task basis dependent on the scope of services requested.
Exhibit A - Page 028 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
28 Exhibit A - Page 029 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
29 Non-Collusion Affidavit
Exhibit A - Page 030 of 42
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
30 Resumes
Resumes for our key staff are presented on the following pages.
Exhibit A - Page 031 of 42
31 Farhad Iranitalab, PE, TE
Role: Traffic Engineer/Project Manager and Traffc Operations Task Manager
Title: Principal Project Manager
Farhad Iranitalab possesses expertise in managing and directing projects involving geometric design, traffic signal design and operation; traffic impact and traffic flow/capacity analyses; signing and striping design; and street light design. His experience encompasses projects from initial planning through construction. He has served as City Traffic Engineer for the Cities of Fairfield, San Jose, and Hayward; and has served or currently serves as contract City Traffic Engineer for the Cities of Brea, Pico Rivera, Los Alamitos, Norwalk, La Cañada Flintridge, and Elk Grove. His ability to assemble – and work closely with – the right project team empowers him to cost effectively manage complex projects.
Relevant Project Experience
City Traffic Engineering Services, City of Pico Rivera, CA. Contract City Traffic Engineer responsible for providing contract extension of staff services in support of the City's traffic engineering needs. Day-to-day tasks encompass all general traffic engineering concerns, such as reviewing traffic impact studies and traffic signal and striping plans, reviewing traffic control plans, performing stop sign warrants and safety analyses, preparing traffic calming studies, evaluating traffic signal timing and operations, preparing and presenting Commission and Council reports, conducting field investigations, and investigating citizens’ requests. Recent Projects include:
Completing 5 traffic calming studies within the last 2 months Study on Slauson, West of Rosemead for access control for a school district
Developed their traffic calming program
Signal coordination with County, HSIP, left turn issue, improve flow and safety
Caltrans 605/Beverly Blvd - ramp improvement coordination Contract City Engineer and Traffic Engineer, City of Los Alamitos, CA.
Contract City Traffic Engineer responsible for providing contract extension of staff services in support of the City's traffic engineering needs. Day-today tasks encompass all general traffic engineering concerns, such as reviewing traffic impact studies and traffic signal and striping plans, performing stop sign and safety analyses, evaluating traffic signal timing and operation, preparing and presenting Commission and Council reports, collaborating with neighborhood groups to develop traffic calming
EDUCATION
BS, Civil
Engineering,
Oregon State
University
PROFESSIONAL
CERTIFICATIONS
Civil Engineer,
California No.
33142
Traffic Engineer,
California No.
1695
40 YEARS OF EXPERIENCE
Exhibit A - Page 032 of 42
32 plans/programs, conducting field investigations, and investigating citizens’ requests.
City Traffic Engineering Services, City of La Cañada Flintridge, CA. Contract City Traffic Engineer responsible for providing contract extension of staff services in support of the City's traffic engineering needs. Day-to-day tasks encompass all general traffic engineering concerns, such as reviewing traffic impact studies and traffic control plans, collaborating with developers and their design teams, reviewing encroachment, approving transportation permits, preparing and reviewing traffic signal and striping plans, performing stop sign and safety analyses, preparing and presenting Commission and Council reports, collaborating with neighborhood groups to develop traffic calming plans/programs, conducting field investigations, and investigating citizen requests.
Traffic Engineering Services, City of Brea, CA. Contract City Traffic Engineer responsible for providing contract extension of staff services in support of the City's traffic engineering needs. Day-to-day tasks encompass general traffic engineering concerns, such as checking plans and project details regarding onsite circulation and design, project access, parking, and off-site impacts; determining if traffic impact studies are required and providing required study elements to the City/developer; reviewing and commenting on traffic studies; meeting with developers and developers' civil and traffic engineer; approving final traffic studies; analyzing collision reports and recommending safety measures, and preparing conditions of development.
El Roblar Drive Traffic Management Study, County of Ventura, CA. Project Manager responsible for overall project management and oversight of all services required to prepare the traffic management study along El Roblar Drive. Willdan evaluated and developed short-term and medium-term alternatives to improve the safety and traffic flow between Rice Road and Lomita Avenue and the surrounding neighborhood streets. The goal of the traffic management plan was to improve safety and reduce traffic impacts along this urban residential collector road and determine if there was any cut-through traffic or parking encroachment onto surrounding residential streets. The study also evaluated and addressed the safety for pedestrians and bicyclists by improving the signing and pavement markings.
Citywide Traffic Signal Timing Evaluation and Modification, City of Lakewood, CA. Project Manager. Willdan was responsible for collecting traffic volume data at 53 signalized intersections, obtaining existing signal timing data from the City, evaluating the total delay for citywide traffic signals, and making recommendations for optimizing the timing using Synchro software.
40 YEARS OF EXPERIENCE
Farhad Iranitalab, PE, TE
Continued
Exhibit A - Page 033 of 42
33 Jeffrey Lau, PE, TE, ENV SP
Role: Deputy Project Manager/Traffic Design and Plan Check Task Manager
Title: Deputy Director of Engineering
Jeffrey Lau is an accomplished engineer for multi-discipline and multiagency traffic and transportation projects such as traffic signals, signing and striping, street lighting, and construction traffic control. He oversees transportation design for Willdan's traffic engineering group and manages a variety of large- to small-scale projects. His responsibilities include the coordination, analysis, and design of various transportation projects such as the preparation of plans, specifications and estimates (PS&E); field investigations; and traffic data collection. He has also assisted with traffic impact studies and analyses, plan reviews, and engineering and traffic survey updates. Jeffrey’s extensive hands-on traffic engineering background encompasses designs for 400+ new and modified traffic signal installations, street lighting inventories for master plans, lighting design plans, street lighting conversions, and street lighting LED upgrades.
Jeffrey understands the importance of meeting schedules and developing the most cost-efficient projects to meet budgetary constraints. He has assisted clients with developing grant funding applications for various local, state, and federal grant programs – successfully securing funding through the Active Transportation Program (ATP) and the Highway Safety Improvement Program (HSIP).
Relevant Project Experience
On-Call Traffic Engineering Services, City of Pico Rivera, CA. Project Manager. Willdan is serving as City Traffic Engineer for the City of Pico Rivera and provides on-call traffic engineering services. Typical duties include design oversight, response to residents’ and businesses’ requests, review of traffic and parking impact studies, review of development projects, development of “conditions of approval”, review of traffic signal and traffic control plans, preparation of work orders, operational analysis, development of City’s Neighborhood Traffic Calming program, attendance at City Council and Planning Commission meetings as requested.
On-Call Traffic Engineering Services, City of Paramount, CA. Project Manager. Responsible for providing professional traffic engineering services to the City of Paramount on a routine basis. Duties included field reconnaissance and data collection; resident request investigations and work order preparation; traffic signal, signal interconnect, signing and striping, and traffic control plan reviews; funding documents preparation to request reimbursement of federally-funded projects; and traffic and civil improvement conceptual design plans and council exhibit preparation.
EDUCATION
BS, Civil
Engineering,
California State
Polytechnic
University,
Pomona, CA
REGISTRATIONS /
CERTIFICATIONS
Traffic Engineer,
California No.
2835
Civil Engineer,
California No.
83887
Envision
Sustainability
Professional,
Institute for
Sustainable
Infrastructure No.
45376
AFFILIATIONS
American Public
Works Association
20 YEARS OF EXPERIENCE
Exhibit A - Page 034 of 42
34 On-Call City Traffic Engineering, City of La Cañada Flintridge, CA. Project Manager. Willdan is serving as City Traffic Engineer for the City of La Cañada Flintridge and provides on-call traffic engineering services. Day-today tasks encompass all general traffic engineering concerns, such as reviewing traffic impact studies and traffic control plans, collaborating with developers and their design teams, reviewing encroachment, approving transportation permits, preparing and reviewing traffic signal and striping plans, performing stop sign and safety analyses, preparing and presenting Commission and Council reports, collaborating with neighborhood groups to develop traffic calming plans/programs, conducting field investigations, and investigating citizen requests.
Paramount Boulevard Traffic Signal Upgrades and Safety Enhancements Project, City of Downey, CA. Project Manager. Willdan provided professional traffic engineering services for the Paramount Boulevard Traffic Signal Upgrades and Safety Enhancements Project, from Gardendale Street to Telegraph Road. The project included conducting an environmental analysis, performing a traffic safety assessment, preparation of design plans, specifications, and estimates (PS&E), and the timing chart preparation for the installation of traffic signal upgrades and safety enhancements at thirteen (13) signalized intersections. The purpose of this project was to improve traffic safety along Paramount Boulevard by implementing traffic signal upgrades including new controllers, controller cabinets, battery back-up systems, signal hardware, equipment, LED safety lighting, and intersection pedestrian countdown signal heads. Other safety enhancements included the upgrade of curb ramps to be ADA compliant to improve safety for pedestrians and bicyclists.
Santa Anita Active Transportation Project, City of El Monte, CA. Project Manager. Willdan provided engineering design services for the preparation of plans, specifications, and cost estimates (PS&E) and related construction documents. The project improvements included pedestrian and bicycle safety enhancements, complete street elements, Class II bike lanes, Class III bike routes, bicycle video detection, countdown pedestrian signal heads, thermoplastic striping upgrades, ADA curb ramps, bike racks, transit stop and wayfinding improvements along Santa Anita Avenue, Tyler Avenue, and Ramona Boulevard. In addition to the active transportation improvements. the city requested pavement rehabilitation and re-striping on Ramona Blvd from Santa Anita Ave to Tyler Ave and on Tyler Avenue from Ramona Blvd to Santa Anita Avenue. Pedestrian access ramp improvement at all intersections were also analyzed and upgraded per current ADA codes. The project would meet El Monte’s goals of improving active transportation connectivity and safety, facilitating multi-modal crossings, and reducing the hazards of modal conflicts.
Jeffrey Lau, PE, TE, ENV SP
Continued
20 YEARS OF EXPERIENCE
Exhibit A - Page 035 of 42
35 Wes Pringle III, PE
Role: Traffic Studies Task Manager
Title: Traffic Engineer II
Wes Pringle has over 33 years of experience as a Transportation Engineer for the City of Los Angeles, where he worked with the Bureau of Engineering on implementing the current street standards and the adopted Mobility Plan. He also worked with development projects in establishing Transportation Demand Management strategies that improve the pedestrian, transit, and biking experience in the City. He also developed a traffic modeling report for the western region of the City of Los Angeles, the Western Transportation Studies District. Mr. Pringle is a Member of the Institute of Transportation Engineers (ITE), a guest lecturer of Transportation Engineering at the University of Southern California, and an Editor of ITE’s Expert Witness Council Newsletter.
Relevant Project Experience
Roadway Safety Improvements in 3 Areas, City of Moreno Valley, CA.
Project Manager. Willdan is providing traffic engineering services to develop enhancements to the City’s current Local Roadway Safety Plan (LRSP)/Traffic Safety Action Plan with additional emphasis areas. There are three areas of concern to be addressed in the LRSP addendum. The first item is to provide a policy on the implementation of roundabouts and speed humps as traffic calming devices. The specific type of speed humps under consideration are known as speed cushions. Speed cushions are broken up to provide greater access for emergency response. The second task is to assess truck traffic throughout the City and recommend measures for the safe travel of goods movement. This will include a quantitative and qualitative assessment of current truck routes and the development of a truck travel map. The third task is an analysis of, and recommended safety measures for, the impacts of burro crossings of arterials and vehicle versus burro collisions in the mostly norther part of the city.
Traffic Analysis of Greenspot Road between Club View Drive and Santa Paula Street, City of Highland, CA. Project Manager. Willdan is providing traffic engineering services for an analysis of the traffic circulation on Greenspot Road between Club View Drive and Santa Paula Street. The City was concerned with possible ways to mitigate speeding on Greenspot Road including a possible reduction in the posted speed limit. The analysis also included a traffic signal warrant analysis of the intersection of Greenspot Road and Alta Vista and an analysis for a protected left turn signal phase for eastbound Greenspot Road at Weaver Street. As part of the analysis, Willdan collected traffic data, reviewed collision history, and performed a field review of existing conditions.
EDUCATION
BS, Civil
Engineering,
California
Polytechnic
University,
Pomona,
California
PROFESSIONAL
CERTIFICATIONS
Registered
Professional
Engineer, Civil
Engineering, State
of California No.
56856
Certified Building
Plans Examiner,
State of California
No. 10072182
Transportation
Engineer, City of
Los Angeles
Department of
Transportation
33 YEARS OF EXPERIENCE
Exhibit A - Page 036 of 42
36 Uncontrolled Marked Crosswalk Analysis, City of Lakewood, CA. Project Engineer. The City of Lakewood requested an analysis of uncontrolled marked crosswalks throughout the City. The analysis included 28 uncontrolled marked crosswalks on major arterials, collectors, and local roadways. Willdan gathered 24-hour and peak period turning movement counts at each location. Willdan also analyzed reported collision histories.
Willdan conducted field reviews of the 28 locations gathering existing conditions information including roadway widths, striping, signing, curb markings, etc. The information gathered was used to determine what additional traffic controls - pavement markings, signs, flashing beacons, Stop controls, traffic signals, etc. - might be necessary to address conditions with respect to maintenance needs or CA MUTCD standards. This project was conducted in 2 Phases: Phase 1 - Data Collection; Phase 2 - Analysis.
Aviation Boulevard Improvement Project Traffic Analysis, City of Inglewood, CA. Quality Assurance Manager. Willdan prepared a HCM LOS analysis comparing the operating LOS for a roadway segment on Aviation Boulevard. The City was interested in performing a lane reduction to the roadway in either the northbound or southbound direction to allow space for bike lanes along Aviation Boulevard. Additionally, the crosswalks were analyzed to determine their utilization and provide recommendations on removal, if necessary. Pedestrian and vehicle volumes were collected, and a collision analysis was prepared. Willdan calculated the volume/capacity ratio for two intersections under the two alternatives and made recommendations based on the analysis. Willdan also prepared the signing and stripping plans based on our recommendations to be installed when the pavement was resurfaced.
Traffic Signal Warrant Study for Paramount Blvd at Maxine St, City of Pico Rivera, CA. Project Manager. Willdan prepared a traffic signal warrant study for the intersection of Paramount Blvd and Maxine St to determine if a new traffic signal is warranted for installation. The location did not meet traffic signal warrants, so Willdan recommended improvements to enhance safety at the intersection.
All Way Stop Warrant Analysis, City of Bell, CA. Quality Assurance Manager.
Willdan provided traffic engineering services for the preparation of All-Way Stop Warrant Studies at various locations throughout the City of Bell. The analysis included field reviews, data collection, collision analysis, traffic volume analysis, and a minor street delay study.
Wes S. Pringle III, PE
Continued
33 YEARS OF EXPERIENCE
Exhibit A - Page 037 of 42
37 Nicolle Spann, PE, TE
Role: Grant Funding Task Manager/Traffic Studies Technical Support
Title: Senior Engineer I
Nicolle Spann is a Senior Engineer with Willdan who specializes in traffic engineering investigations, transportation planning, and grant funding applications. She is knowledgeable in transportation engineering processes and their application to operating systems. Nicolle is experienced in traffic impact analyses, roadway safety studies, engineering and traffic surveys, traffic calming analysis, warrant analysis, preparing local road safety plans, signing and striping design, and traffic signal design.
Nicolle has vast experience in applying to and has been awarded $77M+ for client cities from federal, state, and local grant applications including the Highway Safety Improvement Program (HSIP), the Active Transportation Program (ATP), Metro Call for Projects, and Urban Greening. She stays up to date on upcoming grant programs and is proactive in understanding new grant opportunities.
Relevant Project Experience
Grant Funding Support Services, City of Paramount, CA. Deputy Project Manager responsible for overseeing grant funding application preparation for local, state, and federal programs such as HSIP, ATP, LRSP, RMC Prop. 68, Recreational Trails and Greenways, Clean California, and Urban Greening. All necessary application documents were completed and submitted along with narrative questions researched and answered.
Services encompassed attending meetings; gathering data; reviewing the City's master, general, and regional plans; performing field investigations; preparing cross sections and alignment concepts; assessing conflicts; identifying right-of-way easements; assessing environmental impacts; preparing an engineering estimate; and soliciting letters of support from community stakeholders.
Grant Funding Support Services, City of South Gate, CA. Deputy Project Manager responsible for overseeing the preparation of grant funding applications for various local, state, and federal programs such as HSIP, ATP, SSARP, AHSC, Just Transit, Safe Routes to School, MTA Call for Projects, and Urban Greening. All necessary application documents were completed and submitted along with narrative questions researched and answered. Services encompassed attending meetings; gathering data; reviewing the City's master, general, and regional plans; performing field investigations; preparing cross sections and alignment concepts; assessing conflicts; identifying right-of-way easements; assessing environmental
EDUCATION
BS, Civil
Engineering,
California State
Polytechnic
University,
Pomona, CA
REGISTRATIONS /
CERTIFICATIONS
Traffic Engineer,
California No.
2933
Civil Engineer,
California No.
91787
Civil Engineer,
New Mexico
No.26862
Civil Engineer,
Arizona No.
74660
9 YEARS OF EXPERIENCE
Exhibit A - Page 038 of 42
38 impacts; preparing an engineering estimate; and soliciting letters of support from community stakeholders.
Highway Safety Improvement Program Cycle 10 Grant Applications, City of Ridgecrest, CA. Project Manager responsible for overall project management and oversight of services required to prepare HSIP grant funding applications for the Cycle 10 Call for Projects. Based upon City staff direction, four projects were developed using the City's Local Roadway Safety Plan. Willdan drafted attachments for collision maps, project location maps, and project scope maps. A cost estimate and a benefit/cost calculation were completed in conjunction with other application attachments used to secure $944,100 in HSIP Cycle 10 awards for three of the four applications.
Office of Traffic Safety 2021 Grant Application, City of Inglewood, CA.
Project Manager responsible for preparing an Office of Traffic Safety Grant application to request funding for a traffic signal cabinet wrap project. The project goals were to improve pedestrian and bicycle safety through the implementation of educational/wayfinding wraps at 23 traffic signal cabinets located around Sofi Stadium. Willdan prepared the application narrative and required attachments and submitted the application on behalf of the City.
Engineering and Traffic Survey, City of Anaheim, CA. Project Manager responsible for preparing an Engineering and Traffic survey to recertify 331-segments throughout the city. The report included radar survey study, 24-hour counts, accident data analysis, review of existing and not readily apparent conditions and report documenting 85th and 50th percentile speeds and average speeds, as well as 10 mile per hour pace. The report complied with current California Manual on Uniform Traffic Control Devices (CA MUTCD) Section 2B.13 Guidelines and as required by the California Vehicle Code Section 627 and 40802.
Traffic Signal Analysis, City of Arcadia, CA. Project Manager. Willdan prepared a traffic signal analysis for the intersection of Santa Anita Avenue at Colorado Boulevard. As part of the analysis, Willdan developed a Synchro model to evaluate different mitigation measures to improve the queueing and delay at the intersection.
Local Road Safety Plan, City of Inglewood, CA. Project Manager. Willdan developed a citywide LRSP to identify safety problems, collision hot spot locations, identify systemic trends, and develop recommendations for safety improvements. The LRSP provided the City with an opportunity to proactively correct high collision or problem locations and prevent local road
9 YEARS OF EXPERIENCE
Nicolle Spann, PE, TE
Continued
Exhibit A - Page 039 of 42
39 Thomas Mericle, PE, TE
Role: TKM Engineering Lead
Thomas Mericle has over 35 years of experience in traffic engineering, traffic operations, transportation planning, design, maintenance, and parking management. He is a registered Civil Engineer and Traffic Engineer in California. In addition to his 11 years in consulting, Tom served as the City Transportation Manager for the City of Ventura for 18 years and as an Associate Engineer for 5 years. Tom’s responsibilities included leading a division of up to 26 fullͲtime staff members responsible for traffic engineering, transportation planning, traffic operations, signal maintenance, parking management, pavement and sidewalk maintenance, and transit system oversight. In addition to his city staff work at the City of Ventura, his public agency work for TKM Engineering and prior employers has been providing traffic engineering staff augmentation services for various agencies, including the Cities of Calabasas, Carpinteria, Eastvale, Ojai, Oxnard, Port Hueneme, Westlake Village, Pico Rivera, Santa Paula, Fillmore, and Ventura. This work includes crossͲdivision and crossͲ department collaboration. In addition, Tom has been an extension class instructor for the University of California, Berkeley Institute of Transportation Studies since 1999. He currently groupͲteaches their California Traffic Engineer (TE) License Exam preparation class and conducts Complete Streets Safety Assessments and Tribal Transportation Safety Assessments through UC Berkeley’s SafeTREC program. Relevant Project Experience
City Traffic Engineering Support Services, Various Agencies, 2019Ͳ Current. Currently serving in various capacities under independent contracts to provide traffic engineering support services to local agencies.
Currently serving the cities of Calabasas, Carpinteria, Port Hueneme, Ojai, and Eastvale.
City of Pico Rivera OnͲCall Plan Check Services. Contractual services with the City of Pico Rivera to review and plan check traffic operational capital projects. The focus is on the implementation of the ITS Master Plan. City of Pico Rivera ITS Master Plan, 2021ͲCurrent. Currently serving as the City’s contract project manager, overseeing a consultant team preparing the ITS Master Plan for its traffic signal system, and providing technical expertise to support City decisionͲmaking. The project is expected to be completed in Summer 2024.
EDUCATION
MPA, California
State University,
Northridge
BS, Civil
Engineering,
California State
Polytechnic
University,
Pomona
REGISTRATIONS /
CERTIFICATIONS
Traffic Engineer,
California No.
2122
Civil Engineer,
California No.
54385
AFFILIATIONS
Institute of
Transportation
Engineers (ITE)
Member
(Fellow)
ITE Central Coast
Section President,
1999, 2019, and
2024
ITE, Western
District,
Legislative
Committee Chair,
2013Ͳ2019
35+ YEARS OF EXPERIENCE
Exhibit A - Page 040 of 42
40 Nicole Nguyen
Role: City Traffic Counters Lead
As Owner and Project Manager of City Traffic Counters, I supervise and coordinate all tasks identified for projects and maintain direct contact with the project staff during the course of the project. We work with engineers to assess the validity of development or redevelopment of roads, school crossings, pavement conditions, intersections, and traffic volumes and growth patterns. I oversee the entirety of each project from Turning Movement Counts, Average Daily Total Machine Counts, Radar Speed Sampling, Parking Occupancy Studies, to Pedestrian and Bicyclists Studies. I provide technical input and coordination in the preparation of the final reports. I have over 16 years of experience in managing, scheduling, supervising, and directing field crews in various operations. I have extensive experience in supervising and managing traffic data collecting and operations, both manually and using automatic computerized machine counters. Our studies vary in detail and complexity depending on the engineers’ needs.
Relevant Project Experience
Linscott, Law and Greenspan Engineers | Pasadena, California (2008 – present) Project Manager. Provided traffic surveying for various projects throughout the Southern California area including, but not limited to Turning Movement Counts, Vehicle Classification Counts, Speed Surveys, License Plate Studies, Queuing Studies and Parking Occupancy Studies.
Willdan Engineering | Industry, California (2008-present) Project Manager.
Provided traffic surveying for various projects throughout the Southern California area including Turning Movement Counts, Automated Machine Counts, and Radar Speed Sampling.
City of Pasadena Traffic Engineering Department | Pasadena, California (2015-2019) Project Manager. In execution of the term contract, City Traffic Counters provided traffic surveying for all citywide traffic projects including Turning Movement Counts, Automated Machine Counts, and Pedestrians and Bicyclists Studies.
16 YEARS OF EXPERIENCE
EDUCATION
Social Work,
California State
University, Los
Angeles, CA
Exhibit A - Page 041 of 42
13191 Crossroads Parkway North, Suite 405
Industry, CA 91746-3443
562.908.6200 | 800.499.4484 | Fax: 562.695.2120
www.willdan.com
Exhibit A - Page 042 of 42
Professional Services Agreement
WILLDAN ENGINEERING
EXHIBIT B
APPROVED FEE SCHEDULE
(SCHEDULE OF HOURLY LABOR RATES AND REIMBURSABLE)
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
27 Right to Materials
Willdan acknowledges that all responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Consultant that are submitted as part of the Proposal and not withdrawn shall, upon receipt by CITY, become property of CITY.
Schedule of Hourly Rates
Willdan is providing highly experienced and skilled staff to support the City of Pico Rivera’s Traffic Engineering Services contract. Willdan’s proposed City Traffic Engineer will be billed at the following modified hourly rate. This rate is reduced from our standard fee schedule based on the longstanding working relationship we have with the City of Pico Rivera. The fee schedule on the following page provides rates for additional key staff and technical support staff available to serve the City, as may be required.
Job Description Hourly Rate
City Traffic Engineer $185
Rates for our subconsultants, City Traffic Counters and TKM Engineering will be provided on a task-by-task basis dependent on the scope of services requested.
Exhibit B - Page 001 of 2
Proposal for On-Call Traffic
Engineering Services
City of Pico Rivera
28 Exhibit B - Page 002 of 2
Professional Services Agreement
WILLDAN ENGINEERING
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.
Professional Services Agreement
WILLDAN ENGINEERING
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the Professional Services Agreement
WILLDAN ENGINEERING
provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
AGREEMENT NO. _______
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
JMDIAZ, INC.
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) JMDiaz, Inc., (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”
2. RECITALS
2.1 City has determined that it requires professional services from a consultant to provide on-call traffic engineering services.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s May 8, 2024 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.
3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s May 8, 2024 proposal to City attached hereto as Exhibit “B.”
3.3 “Commencement Date” : July 9, 2024
3.4 “Expiration Date” : June 30, 2029
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.
Enclosure 1
10b
Professional Services Agreement
JMDIAZ, INC.
5. CONSULTANT’S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of Four Hundred Fifty Thousand Dollars ($450,000.00) unless specifically approved in advance, in writing, by City.
5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.
7. BUSINESS LICENSE
Consultant shall obtain a City of Pico Rivera business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality Professional Services Agreement
JMDIAZ, INC.
of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date of this Agreement if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.
10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises Steve Itagaki, Traffic Engineer/Project Manager, shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made to Consultant’s project administrator without City’s prior written consent.
11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.
Professional Services Agreement
JMDIAZ, INC.
12. INDEPENDENT CONTRACTOR
12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.
12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.
12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.
12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.
13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
Professional Services Agreement
JMDIAZ, INC.